Sec. 523. Purpose of reserve duty
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Chapter 1209 of title 10, United States Code, is further amended by inserting after section 12343, as added by section 522(a), the following new subchapter: 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 under section 12341 of this title 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. 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 paragraph (1), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units.
However, members of those units may be reassigned after being so ordered to active duty. The period of time allowed between the date when a Reserve ordered to active duty pursuant to paragraph
(1)is alerted for that duty and the date when the Reserve is required to enter upon that duty shall be determined by the Secretary concerned based upon military requirements at that time. In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty under section 12341 of this title for not more than 24 consecutive months. Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time. Notwithstanding the provisions of subsection
(b)or any other provision of law, when the President determines that it is necessary to augment the active forces for any operational mission or that it is necessary to provide assistance referred to in paragraph (2), the President may authorize the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty under section 12341 of this title for not more than 365 days. The augmentation under paragraph
(1)includes providing assistance in responding to an emergency involving— a use or threatened use of a weapon of mass destruction; or a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property. No unit or member of a reserve component may be ordered to active duty pursuant to this subsection to perform any of the functions authorized by chapter 15 of this title or section 12406 of this title or, except as provided in paragraph (2), to provide assistance to the Federal Government or a State in time of a serious natural or manmade disaster, accident, or catastrophe. Not more than 200,000 members of the Selected Reserve and the Individual Ready Reserve may be on active duty pursuant to this subsection at any one time, of whom not more than 30,000 may be members of the Individual Ready Reserve. No unit or member of a reserve component may be ordered to active duty pursuant to this subsection to provide assistance referred to in paragraph
(2)unless the President determines that the requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies. Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty pursuant to paragraph (1), the service of all units or members so ordered to active duty may be terminated by— order of the President; or law. Whenever the President authorizes the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating to order any unit or member of the Selected Reserve or Individual Ready Reserve to active duty, pursuant to paragraph (1), the President shall, within 24 hours after exercising such authority, submit to Congress a report setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members. Nothing contained in this subsection shall be construed as amending or limiting the application of the provisions of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). 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 under section 12341 of this title 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). The consent of a Governor 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. Notwithstanding any other provision of law, the President may order to active duty under section 12341 of this title any member of the Ready Reserve of an armed force who— is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; has not fulfilled the member’s statutory reserve obligation; and has not served on active duty for a total of 24 months. A member who is ordered to active duty pursuant to paragraph
(1)may be required to serve on active duty until the member’s total service on active duty equals 24 months. If the member’s enlistment or other period of military service would expire before the member has served the required period under this paragraph, the enlistment or other period of military service may be extended until the member has served the required period. A member of the Ready Reserve covered by section 12352 of this title who fails in any year to perform satisfactorily the training duty prescribed in that section, as determined by the Secretary concerned under regulations prescribed by the Secretary of Defense, may be ordered without the member’s consent to perform additional active duty for training under section 12341 of this title for not more than 45 days. If the failure occurs during the last year of the member’s required membership in the Ready Reserve, the member’s membership is extended until the member performs that additional active duty for training, but not for more than six months. A member of the Army National Guard of the United States or the Air National Guard of the United States who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be ordered, without the member’s consent, to perform additional active duty for training under section 12341 of this title for not more than 45 days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be. However, the consent of a Governor 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. A member of a reserve component may be ordered to active duty under section 12341 of this title without the member’s consent if the Secretary concerned determines that the member is in a captive status. A member ordered to active duty under this section may not be retained on active duty, without the member’s consent, for more than 30 days after the member’s captive status is terminated. A member of the Ready Reserve may be ordered without the member’s consent to muster duty under section 12343 of this title one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster. The muster duty shall be subject to the following requirements: The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year. Except as specified in paragraph (3), muster duty (and travel directly to and from that duty) under this section shall be treated as inactive duty (and travel directly to and from that duty) for the purposes of this title and the provisions of title 37 (other than section 206(a) of title 37) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive duty and for their dependents and survivors. Muster duty under this subsection shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title. To achieve fair treatment between members in the Ready Reserve who are being considered for recall to duty without their consent pursuant to subsection (b),
(c)or (e)(1), consideration shall be given to— the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow; the frequency of assignments during service career; family responsibilities; and employment necessary to maintain the national health, safety, or interest. In this section: The term captive status means the status of a member of the armed forces who is in a missing status (as defined in section 551(2) of title 37) which occurs as the result of a hostile action and is related to the member’s military status. The term Individual Ready Reserve mobilization category means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title. The term weapon of mass destruction has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 ( 50 U.S.C. 2302 ). Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Department in which the Coast Guard is operating, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to maintain readiness as determined by the Secretary concerned by— participating in at least 48 scheduled drills or training periods during each year pursuant to section 12343 of this title and serve on active duty for training under section 12341 of this title for not less than 14 days (exclusive of travel time) during each year; or serving on active duty for training under section 12341 of this title for not more than 30 days during each year. A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve. At any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty under section 12341 of this title, or retain the member on active duty, with the consent of that member for training, to provide operational support or perform other duty as determined by the Secretary concerned. Such duty includes service on active duty for the purpose specified in section or section 802(d), 1491, 3038, 5143, 5144, 8038, 10211, 10301 through 10305, 10502, 10505, 10506, 10507, 12402, or 12405 of this title. However, a member 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 or other appropriate authority of the State concerned. The consent of a Governor 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. When authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty under section 12341 of this title— to receive authorized medical care; to be medically evaluated for disability or other purposes; or to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member. A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty under section 12341 of this title, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of section 1074a may be continued on active duty under section 12341 of this title, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty as described in any of such paragraphs. A member ordered to active duty under this subsection may, with the member’s consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law. However, a member 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 or other appropriate authority of the State concerned. The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12341 of this title to perform Active Guard and Reserve duty to organize, administer, recruit, instruct, or train the reserve components. A Reserve ordered to active duty under paragraph
(1)shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified. A Reserve on active duty under this subsection may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties described in paragraph (1): Supporting operations or missions assigned in whole or in part to the reserve components. Supporting operations or missions performed or to be performed by— a unit composed of elements from more than one component of the same armed force; or a joint forces unit that includes— one or more reserve component units; or a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit. Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters. Instructing or training in the United States, the Commonwealth of Puerto Rico, or possessions of the United States of— active-duty members of the armed forces; members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); Department of Defense contractor personnel; or Department of Defense civilian employees. Notwithstanding paragraph (3), a Reserve on active duty as described in paragraph (1), or a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in connection with functions referred to in paragraph (1), may, subject to subparagraph (C), perform duties in support of emergency preparedness programs to prepare for or to respond to any emergency involving any of the following: The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 ( 50 U.S.C. 2302 ) in the United States. A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property. The intentional or unintentional release of nuclear, biological, radiological, or toxic or poisonous chemical, materials in the United States that results, or could result, in catastrophic loss of life or property. A natural or manmade disaster in the United States that results in, or could result in, catastrophic loss of life or property. The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a Reserve performing duties under the authority of paragraph
(1)shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as described in paragraph (1). A Reserve may perform duty described in subparagraph
(A)only while assigned to a reserve component weapons of mass destruction civil support team. Reserves on active duty who are performing duties described in subparagraph
(A)shall be counted against the annual end strength authorizations required by sections 115(a)(1)(B) and 115(a)(2) of this title. The justification material for the defense budget request for a fiscal year shall identify the number and component of the Reserves programmed to be performing duties described in subparagraph
(A)during that fiscal year. A reserve component weapons of mass destruction civil support team, and any Reserve assigned to such a team, may not be used to respond to an emergency described in subparagraph
(A)unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements. If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of subparagraphs
(A)and (C), the Secretary shall provide with the request— justification for each such requested modification; and the Secretary’s plan for sustaining the qualifications of the personnel and teams described in subparagraph (C). In this subsection, the term United States includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. A Reserve on active duty as described in this subsection may be provided training consistent with training provided to other members on active duty, as the Secretary concerned sees fit. At any time, an authority designated by the Secretary concerned may require a member of a reserve component under the Secretary’s jurisdiction, with the consent of the member, to perform inactive duty under section 12343 of this title to provide readiness training, perform administrative function to prepare for unit training, perform funeral honors functions at the funeral of a veteran as defined in section 1491 of this title (other than for members of the Army National Guard of the United States or the Air National Guard of the United States who perform funeral honors duty under section 502(g) of title 32), or perform other inactive duty as determined by the Secretary concerned. As directed by the Secretary concerned, a member performing funeral honors functions may be paid— the allowance under section 495 of title 37; or compensation under section 206 of title 37. A member who performs funeral honors functions may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under section 495 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence. .
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