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10 U.S.C. § 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

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim))), 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.

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Source location: Title 10, Chapter 1209, § 12304a; chapter-1209-active-duty.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12304a — Army Reserve, Navy Reserve, Marine

Page 3669 TITLE 10—ARMED FORCES § 12304b essary to augment the active Armed Forces of the United States for the effective conduct of Operation United Assistance, which is providing support to civil- ian-led humanitarian assistance and consequence man- agement support related to the Ebola virus disease out- break in West Africa. In furtherance of this operation, under the stated authority, I hereby authorize the Sec- retary of Defense, and the Secretary of Homeland Secu- rity with respect to the Coast Guard when it is not op- erating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit orga- nized 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, and to termi- nate the service of those units and members ordered to active duty. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. EX. ORD. NO. 13919. ORDERING THE SELECTED RESERVE OF THE ARMED FORCES TO ACTIVE DUTY Ex. Ord. No. 13919, Apr. 30, 2020, 85 F.R. 26591, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 12304 of title 10, United States Code, and having determined that it is necessary to augment the regular Armed Forces of the United States for a named operational mission, specifically the ‘‘Enhanced Department of Defense Counternarcoti

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the pro- gram. STUDY REGARDING COST REDUCTION Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].’’ STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participa- tion by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000. NATIONAL DROUGHT POLICY Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the ‘‘National Drought Policy Act of 1998’’, established the National Drought Policy Com- mission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal

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