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NOTES:


Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 27, § 672; Pub. L. 85–861, §§ 1(13), 33 (a)(5), Sept. 2, 1958, 72 Stat. 1440, 1564; Pub. L. 96–357, § 6, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96–584, § 1, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 99–500, § 101(c) [title IX, § 9122], Oct. 18, 1986, 100 Stat. 1783–82, 1783–127, and Pub. L. 99–591, § 101(c) [title IX, § 9122], Oct. 30, 1986, 100 Stat. 3341–82, 3341–127; Pub. L. 99–661, div. A, title V, §§ 522, 524 (a), Nov. 14, 1986, 100 Stat. 3871; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), (2), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12301 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675 (c)(1), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 106–65, div. A, title V, § 512, Oct. 5, 1999, 113 Stat. 592; Pub. L. 108–375, div. A, title V, § 514(a), Oct. 28, 2004, 118 Stat. 1882.)

Historical and Revision Notes 1956 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
672(a)
672(b)
672(c)
672(d) 50:961(a).
50:961(c).
50:961(g).
50:961(d).
50:962 (1st sentence). July 9, 1952, ch. 608, §§ 233 (less (b) and (f)), 234 (1st sentence), 66 Stat. 489, 490.
672(e) 50:961(e).

In subsection (a), the word “hereafter” is omitted as surplusage. The words “there are not enough * * * who are” are substituted for the words “adequate numbers of * * * are not”. The words “without the consent of the persons affected” and “under the jurisdiction of that Secretary” are inserted for clarity. The words “and the members thereof” are omitted as surplusage.
In subsection (b), the words “without the consent of the persons affected” are substituted for the words “without his consent”, since units as well as individuals are covered by the revised subsection. The words “and the members thereof”, “and required to perform”, “or required to serve on”, and “in the service of the United States” are omitted as surplusage.
In subsections (b) and (d), the words “active duty for training” are omitted as covered by the words “active duty”.
In subsection (c), the words “to active duty” are substituted for the words “into the active military service of the United States”, in 50:961(g) (1st and last sentences). The words “to serve” are substituted for the words “for the purpose of serving”. The words “without their consent” are substituted for the word “involuntarily”. The words “to that duty” are substituted for the words “into active duty”. The last sentence of the revised subsection is substituted for 50:961(g) (last sentence).
In subsection (d), the words “the consent of that member” are substituted for the words “his consent”. The words “under his jurisdiction” are inserted for clarity. 50:962 (last 15 words of 1st sentence) is omitted as covered by 50:961(d).
In subsection (e), the words “to active duty (other than for training)” are substituted for the words “into the active military service of the United States”. The words “period of” are omitted as surplusage. The word “requirements” is substituted for the word “condition” for clarity.

1958 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
672(a) 50:961(a). Aug. 9, 1955, ch. 665, § 2(e), 69 Stat. 599.

The word “hereafter” is omitted as surplusage. The words “there are not enough . . . who are” are substituted for the words “adequate numbers of . . . are not”. The words “without the consent of the persons affected” and “under the jurisdiction of that Secretary” are inserted for clarity.
The changes are necessary to reflect section 101(b) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 901 (b)), which defines the term “active duty” to exclude active duty for training. This definition applied to the source law for these sections [sections 672 and 673], section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 961 (a), (b)(1), (c)).

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2004—Subsec. (a). Pub. L. 108–375, § 514(a)(1), struck out “(other than for training)” after “that Secretary to active duty”.
Subsec. (c). Pub. L. 108–375, § 514(a)(2), substituted “as provided in subsection (a)” for “(other than for training)” and “so ordered to active duty” for “ordered to active duty (other than for training)”.
Subsec. (e). Pub. L. 108–375, § 514(a)(3), substituted “as provided in subsection (a)” for “(other than for training)”.
1999—Subsec. (h). Pub. L. 106–65 added subsec. (h).
1994—Pub. L. 103–337, § 1662(e)(2), renumbered section 672 of this title as this section.
Subsec. (b). Pub. L. 103–337, § 1675(c)(1)(A), substituted “(or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard)” for “or Territory or Puerto Rico or the commanding general of the District of Columbia National Guard, as the case may be”.
Subsec. (d). Pub. L. 103–337, § 1675(c)(1)(B), struck out “or Territory, Puerto Rico, or the District of Columbia, whichever is” after “authority of the State”.
1988—Subsec. (b). Pub. L. 100–456, § 1234(a)(2), substituted “or Puerto Rico” for “, Puerto Rico, or the Canal Zone,”.
Subsec. (d). Pub. L. 100–456, § 1234(a)(1), struck out “the Canal Zone,” after “Puerto Rico,”.
1986—Subsec. (f). Pub. L. 99–500 and Pub. L. 99–591, § 101(c) [§ 9122], Pub. L. 99–661, § 522, amended section identically adding subsec. (f).
Subsec. (g). Pub. L. 99–661, § 524(a), added subsec. (g).
1980—Subsec. (a). Pub. L. 96–357 struck out cl. (1) designation for second sentence and cl. (2) prohibition against ordering a member of the Standby Reserve to active duty unless the Director of Selective Service determined that the member was available for active duty.
Subsec. (e). Pub. L. 96–584 substituted provisions respecting determination of the allowable time in terms of military requirements for provisions authorizing a reasonable time.
1958—Subsec. (a). Pub. L. 85–861, §§ 1(13), 33 (a)(5), inserted “(other than for training)” after “active duty”, substituted “inactive National Guard” for “inactive Army National Guard or in the inactive Air National Guard”, and inserted provisions prohibiting a member of the Standby Reserve from being ordered to active duty under this subsection unless the Director of Selective Service determines that the member is available for active duty.
Subsec. (c). Pub. L. 85–861, § 33(a)(5), inserted “(other than for training)” after “active duty”.

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.

Effective Date of 1986 Amendment

Section 524(b) of Pub. L. 99–661 provided that: “Section 672 (g) [now 12301(g)] of title 10, United States Code, as added by subsection (a), does not authorize a member of a reserve component to be ordered to active duty for a period before the date of the enactment of this Act [Nov. 14, 1986].”

Effective Date of 1958 Amendment

Amendment by section 33(a)(5) of Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500, 99–591, and 99–661

For rule of construction for certain duplicate provisions of Public Laws 99–500, 99–591, and 99–661, see Pub. L. 100–26, § 6, Apr. 21, 1987, 101 Stat. 274, set out as a note under section 2302 of this title.

Advance Notice to Members of Reserve Components of Deployment in Support of Contingency Operations

Pub. L. 110–181, div. A, title V, § 515, Jan. 28, 2008, 122 Stat. 99, provided that:
“(a) Advance Notice Required.—The Secretary of a military department shall ensure that a member of a reserve component under the jurisdiction of that Secretary who will be called or ordered to active duty for a period of more than 30 days in support of a contingency operation (as defined in section 101 (a)(13) of title 10, United States Code) receives notice in advance of the mobilization date. In so far as is practicable, the notice shall be provided not less than 30 days before the mobilization date, but with a goal of 90 days before the mobilization date.
“(b) Reduction or Waiver of Notice Requirement.—The Secretary of Defense may waive the requirement of subsection (a), or authorize shorter notice than the minimum specified in such subsection, during a war or national emergency declared by the President or Congress or to meet mission requirements. If the waiver or reduction is made on account of mission requirements, the Secretary shall submit to Congress a report detailing the reasons for the waiver or reduction and the mission requirements at issue.”


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