Sec. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY
660 words·~3 min read·
/statute-compilations/comps-10045/sec-515A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 515 AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY ###
(a)Authority ####
(1)In general Chapter 1209 of title 10, United States Code, is amended by inserting after section 12304 the following new section: > > ## “SEC. 12304a Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency > > **[**[10 U.S.C. 12304a](/us/usc/t10/s12304a)**]** > > > ### “(a) Authority > > When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor’s request. > > > ### “(b) Exclusion From Strength Limitations > > Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law. > > > ### “(c) Termination of Duty > > Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.” > . ####
(2)Clerical amendment The table of sections at the beginning of chapter 1209 of such title is amended by inserting after the item relating to section 12304 the following new item:" “12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency.” ". ###
(b)Treatment of Operations as Contingency Operations Section 101(a)(13)(B) of such title is amended by inserting “12304a,” after “12304,”. ###
(c)Usual and Customary Arrangement **[**[32 U.S.C. 317 note](/us/usc/t32/s317)**]** ####
(1)Dual-status commander When the Armed Forces and the National Guard are employed simultaneously in support of civil authorities in the United States, appointment of a commissioned officer as a dual-status commander serving on active duty and duty in, or with, the National Guard of a State under sections 315 or 325 of title 32, United States Code, as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities, should be the usual and customary command and control arrangement, including for missions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain of command for the Armed Forces shall remain in accordance with sections 162(b) and 164(c) of title 10, United States Code. ####
(2)State authorities supported When a major disaster or emergency occurs in any area subject to the laws of any State, Territory, or the District of Columbia, the Governor of the State affected normally should be the principal civil authority supported by the primary Federal agency and its supporting Federal entities, and the Adjutant General of the State or his or her subordinate designee normally should be the principal military authority supported by the dual-status commander when acting in his or her State capacity. ####
(3)Rule of construction Nothing in paragraphs
(1)or
(2)shall be construed to preclude or limit, in any way, the authorities of the President, the Secretary of Defense, or the Governor of any State to direct, control, and prescribe command and control arrangements for forces under their command.
Connectionstraces to 3
Citation graph
cites case law
Sec. 515
AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY
Cites 3Cited by 0 across 0 sources