§ 3713. Active duty for emergency augmentation of regular forces

888 words·~4 min read·/usc/title-14/section-3713

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(a)Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), or transportation security incident as defined in section 70101 of title 46, the Secretary may, without the consent of the member affected, order to active duty of not more than 120 days in any 2-year period an organized training unit of the Coast Guard Ready Reserve, a member thereof, or a member not assigned to a unit organized to serve as a unit.

(b)Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days.

(c)Active duty served under this section—

(1)satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of section 10147 of title 10;

(2)does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and

(3)entitles a member while engaged therein, or while engaged in authorized travel to or from that duty, to all rights and benefits, including pay and allowances and time creditable for pay and retirement purposes, to which the member would be entitled while performing other active duty.

(d)Reserve 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 under any other law.

(e)For purposes of calculating the duration of active duty allowed pursuant to subsection (a), each period of active duty shall begin on the first day that a member reports to active duty, including for purposes of training.

(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1006, § 712; amended Pub. L. 102–241, § 13, Dec. 19, 1991, 105 Stat. 2213; Pub. L. 103–337, div. A, title XVI, § 1677(b)(3), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 104–324, title II, § 204, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 109–241, title II, § 206, July 11, 2006, 120 Stat. 521; Pub. L. 110–53, title V, § 502(c)(2), Aug. 3, 2007, 121 Stat. 311; Pub. L. 113–281, title II, § 219, Dec. 18, 2014, 128 Stat. 3037; Pub. L. 114–328, div. A, title XIX, § 1913(b)(3), Dec. 23, 2016, 130 Stat. 2687; renumbered § 3713, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)

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U.S. Code