10 U.S.C. § 12306
10 U.S.C. § 12306
| HISTORICAL AND REVISION NOTES 1956 ACT | ||
| Revised section | Source (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. |
1962 ACTThe 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
AMENDMENTS2004-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 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.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.