Notes on 10 U.S.C. § 12306 : US Code - Notes

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

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, Sec. 674; Pub. L. 87-651,
title I, Sec. 130, Sept. 7, 1962, 76 Stat. 514; renumbered Sec.
12306 and amended Pub. L. 103-337, div. A, title XVI, Secs.
1662(e)(2), 1675(c)(4), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L.
108-375, div. A, title V, Sec. 514(d), Oct. 28, 2004, 118 Stat.
1883.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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674(a) 50:926(a) (less 1st 28 July 9, 1952, ch. 608,
words). Sec. 206 (less 1st 28
words of (a)), 66 Stat.
483.

674(b)
50:926(b).
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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.
AMENDMENTS
2004 - Subsec. (a). Pub. L. 108-375, Sec. 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, Sec. 514(d)(2)(A), substituted
"under section 12301(a) of this title" for "(other than for
training)".
Subsec. (b)(2). Pub. L. 108-375, Sec. 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, Sec. 1662(e)(2), renumbered section 674
of this title as this section.
Subsec. (a). Pub. L. 103-337, Sec. 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".
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.