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Title 10 — Armed Forces

Part II · Chapter 1209 — Active Duty

§ 12306. Standby Reserve

Statutory text

(a)

Units and members in the Standby Reserve may be ordered to active duty only as provided in section 12301 of this title, but subject to the limitations in subsection (b).

(b)

In time of emergency—

(1)

no unit in the Standby Reserve organized to serve as a unit or any member thereof may be ordered to active duty under section 12301(a) of this title, unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough of the required kinds of units in the Ready Reserve that are readily available; and

(2)

notwithstanding section 12301(a) of this title, no other member in the Standby Reserve may be ordered to active duty as an individual under such section without his consent, unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough qualified members in the Ready Reserve in the required category who are readily available.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674 · 70A Stat. 29

    Enacted · 10 U.S.C. § 12306

    Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674

  2. Pub. L. 87–651 title I § 130 · 76 Stat. 506

    Substituted · 10 U.S.C. § 12306(a)

    Pub. L. 87–651 substituted “only as provided in section 672 of this title” for “only in time of war, of national emergency declared by Congress, or when otherwise authorized by law”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–651 substituted “only as provided in section 672 of this title” for “only in time of war, of national emergency declared by Congress, or when otherwise authorized by law”.

    Enacted provision · exact public law section
    Sec. 130. Section 674(a) of title 10, United States Code, is amended to read as follows: “(a) Units and members in the Standby Reserve may be ordered to active duty (other than for training) only as provided in section 672 of this title.”

  3. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1662(e)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 12306

    Pub. L. 103–337, § 1662(e)(2), renumbered section 674 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1662(e)(2), renumbered section 674 of this title as this section.

    Enacted provision · exact public law section
    (2) Sections 672 through 673a, section 673b (as amended by section 511), sections 673c through 687, section 689 (as amended by section 1625), and section 690 are transferred to chapter 1209, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section  672 12301  673 12302  673a 12303  673b 12304  673c 12305  674 12306  675 12307  676 12308  677 12309  678 12310  679 12311  680 12312  681 12313  682 12314  683 12315  684 12316  685 12317  686 12318  687 12319  689 12320  690 12321

    Effective date note
    Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

  4. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1675(c)(4) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 12306(a)

    Pub. L. 103–337, § 1675(c)(4), substituted “12301” for “672”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337, § 1675(c)(4), substituted “12301” for “672”.

    Enacted provision · exact public law section
    (4) Section 12306 is amended by striking out “section 672” in subsection (a) and inserting in lieu thereof “section 12301”.

    Effective date note
    Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

  5. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 514(d)(1) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 12306(a)

    Pub. L. 108–375, § 514(d)(1), substituted “active duty only as provided in section 12301 of this title, but subject to the limitations in subsection (b)” for “active duty (other than for training) only as provided in section 12301 of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–375, § 514(d)(1), substituted “active duty only as provided in section 12301 of this title, but subject to the limitations in subsection (b)” for “active duty (other than for training) only as provided in section 12301 of this title”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “active duty (other than for training) only as provided in section 12301 of this title” and inserting “active duty only as provided in section 12301 of this title, but subject to the limitations in subsection (b)”; and

  6. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 514(d)(2)(A) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 12306(b)(1)

    Pub. L. 108–375, § 514(d)(2)(A), substituted “under section 12301(a) of this title” for “(other than for training)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–375, § 514(d)(2)(A), substituted “under section 12301(a) of this title” for “(other than for training)”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “(other than for training)” and inserting “under section 12301(a) of this title”; and

  7. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 514(d)(2)(B) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 12306(b)(2)

    Pub. L. 108–375, § 514(d)(2)(B), substituted “notwithstanding section 12301(a) of this title, no other member in the Standby Reserve may be ordered to active duty as an individual under such section without his consent” for “no other member in the Standby Reserve may be ordered to active duty (other than for training) as an individual without his consent”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–375, § 514(d)(2)(B), substituted “notwithstanding section 12301(a) of this title, no other member in the Standby Reserve may be ordered to active duty as an individual under such section without his consent” for “no other member in the Standby Reserve may be ordered to active duty (other than for training) as an individual without his consent”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “no other member” and all that follows through “without his consent” and inserting “notwithstanding section 12301(a) of this title, no other member in the Standby Reserve may be ordered to active duty as an individual under such section without his consent”.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
674(a) 674(b)50:926(a) (less 1st 28 words).50:926(b).July 9, 1952, ch. 608, § 206 (less 1st 28 words of (a)), 66 Stat. 483.

In subsection (b), the words “to serve” are substituted for the words “for the purpose of serving”. The words “there are not enough * * * that are” are substituted for the words “adequate numbers of * * * are not”. The words “(other than for training)” are inserted, since the words “active duty” were defined in the source statute cited above to exclude “active duty for training”.

1962 Act

The change is made to conform section 674(a) more closely to the source law for that section, section 206(a) of the Armed Forces Reserve Act of 1952 (66 Stat. 483). Section 206(a) of that Act defined the Standby Reserve in terms of units and members of the reserve components according to their liability to be ordered to active duty. It did not provide authority to order units and members of the Standby Reserve to active duty. This authority was provided by section 233(a) of the Armed Forces Reserve Act of 1952 (66 Stat. 489), which is restated in section 672(a) of title 10. Since the present language of section 674(a) may be interpreted to provide independent authority to order units and members of the Standby Reserve to active duty, it is revised to make clear that this is not the case and that section 672 is the authority for that action.

Editorial Notes

Amendments1962–2004 · 3 rounds

2004

Subsec. (a). Pub. L. 108–375, § 514(d)(1), substituted “active duty only as provided in section 12301 of this title, but subject to the limitations in subsection (b)” for “active duty (other than for training) only as provided in section 12301 of this title”.

Subsec. (b)(1). Pub. L. 108–375, § 514(d)(2)(A), substituted “under section 12301(a) of this title” for “(other than for training)”.

Subsec. (b)(2). Pub. L. 108–375, § 514(d)(2)(B), substituted “notwithstanding section 12301(a) of this title, no other member in the Standby Reserve may be ordered to active duty as an individual under such section without his consent” for “no other member in the Standby Reserve may be ordered to active duty (other than for training) as an individual without his consent”.

1994

Pub. L. 103–337, § 1662(e)(2), renumbered section 674 of this title as this section.

Subsec. (a). Pub. L. 103–337, § 1675(c)(4), substituted “12301” for “672”.

1962

Subsec. (a). Pub. L. 87–651 substituted “only as provided in section 672 of this title” for “only in time of war, of national emergency declared by Congress, or when otherwise authorized by law”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Credits

1956–2004 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674
  2. 1962Pub. L. 87–651, title I, § 130, , 76 Stat. 514
  3. 1994renumbered § 12306 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(4), , 108 Stat. 2992, 3017
  4. 2004Pub. L. 108–375, div. A, title V, § 514(d), , 118 Stat. 1883.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674; Pub. L. 87–651, title I, § 130, , 76 Stat. 514; renumbered § 12306 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(4), , 108 Stat. 2992, 3017; Pub. L. 108–375, div. A, title V, § 514(d), , 118 Stat. 1883.)

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