10 U.S.C. § 12306 : US Code - Section 12306: Standby Reserve

Search 10 U.S.C. § 12306 : US Code - Section 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 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.