§ 12301.
(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).
(f)
The consent of a Governor described in subsections (b) and (d) may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.
([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].)