10 U.S.C. § 12306 — Standby Reserve
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 182 words · no verdicts yet
Standby Reserve units and members can only be called to active duty under section 12301, subject to limits. During an emergency, they can only be called up if the Ready Reserve doesn't have enough available people.
(a) Standby Reserve units and members can only be ordered to active duty* as section 12301 allows, and subject to the limits in (b).
(b) During an emergency: (1) no organized Standby Reserve unit or its members can be ordered to active duty under section 12301(a) unless the Secretary (with Defense Department approval, for a military department) determines there aren't enough of the needed kinds of Ready Reserve units readily available; and (2) despite section 12301(a), no other Standby Reserve member can be ordered to active duty individually without consent unless the Secretary (again with Defense Department approval, for a military department) determines there aren't enough qualified Ready Reserve members in the needed category readily available.
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).
In time of emergency—
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
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.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 674; Pub. L. 87–651, title I, § 130, Sept. 7, 1962, 76 Stat. 514; renumbered § 12306 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(4), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 108–375, div. A, title V, § 514(d), Oct. 28, 2004, 118 Stat. 1883.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1962Amended · Pub. L. 87-651 · 76 Stat. 514
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2992, 3017
- 2004Amended · Pub. L. 108-375 · 118 Stat. 1883
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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