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10 U.S.C. § 12306 — Standby Reserve

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12306 — Standby Reserve

**(a)** Units and members in the Standby Reserve may be ordered to active duty only as provided in [section 12301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/a&num=0&edition=prelim), 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.

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Source file: Laws/federal/codes/united-states-code/title-10/section-12306-standby-reserve--a2cc3315dc.md
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Source location: Title 10, Chapter 1209, § 12306; chapter-1209-active-duty.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 674 — Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

**(a) Guidance for Timely Consideration and Action.—** The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit. **(b) Time for Determination.—** A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 672 — Reference to chapter 1209

Provisions of law relating to service of members of reserve components on active duty are set forth in chapter 1209 of this title (beginning with section 12301).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12301 — Reserve components generally

**(a)** In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available. **(b)** At any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard). **(c)** So far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty as provided in subsection (a), members of units organized and trained to s

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12306 — Standby Reserve

Page 3671 TITLE 10—ARMED FORCES § 12307 SECTION 1. The Secretary of Defense, and the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the De- partment of the Navy, are hereby designated and em- powered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by section 673c [now 12305] of title 10 of the United States Code (1) to suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces deter- mined to be essential to the national security of the United States, and (2) to determine, for the purposes of said section, that members of the armed forces are es- sential to the national security of the United States. SEC. 2. The authority delegated to the Secretary of Defense and the Secretary of Homeland Security by this order may be redelegated and further subdelegated to subordinates who are appointed to their offices by the President, by and with the advice and consent of the Senate. SEC. 3. This order is intended only to improve the in- ternal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. § 12306. Standby Reserve (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 con- cerned, with

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