14 U.S.C. § 3713 — Active duty for emergency augmentation

Page 207 TITLE 14—COAST GUARD § 3714 revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 711 of this title as this section. 1981—Pub. L. 97–136 struck out provision that a mem- ber of the Reserve, other than a temporary member, is exempt from registration and liability for military training and service under any other law, and sub- stituted ‘‘Exclusiveness of service’’ for ‘‘Exemption from military training and draft; exclusiveness of serv- ice’’ in section catchline. § 3713. Active duty for emergency augmentation of regular forces (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 dis- aster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)), or transportation se- curity 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 mem- ber 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. Un- less 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 re- quirement 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, in- cluding pay and allowances and time cred- itable for pay and retirement purposes, to which the member would be entitled while per- forming other active duty. (d) Reserve members ordered to active duty under this section shall not be counted in com- puting authorized strength of members on ac- tive 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 764 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 712 of this title as this section. 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)’’ for ‘‘section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))’’. 2014—Subsec. (a). Pub. L. 113–281 struck out ‘‘not more than 60 days in any 4-month period and’’ before ‘‘not more than 120 days’’. 2007—Subsec. (a). Pub. L. 110–53 substituted ‘‘section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))’’ for ‘‘section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))’’. 2006—Subsec. (a). Pub. L. 109–241, § 206(1)–(4), sub- stituted ‘‘during a, or to aid in prevention of an immi- nent,’’ for ‘‘during a’’, ‘‘catastrophe, act of terrorism (as defined in section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))), or transportation security incident as defined in section 70101 of title 46,’’ for ‘‘or catastrophe,’’, ‘‘60 days in any 4-month period’’ for ‘‘thirty days in any four-month period’’, and ‘‘120 days in any 2-year period’’ for ‘‘sixty days in any two-year period’’. Subsec. (e). Pub. L. 109–241, § 206(5), added subsec. (e). 1996—Subsec. (d). Pub. L. 104–324 added subsec. (d). 1994—Subsec. (c)(1). Pub. L. 103–337 substituted ‘‘sec- tion 10147 of title 10’’ for ‘‘section 270 of title 10’’. 1991—Subsec. (a). Pub. L. 102–241 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Notwithstanding any other law, and for the emergency augmentation of the Regular Coast Guard forces during a time of serious natural or manmade dis- aster, accident, or catastrophe the Secretary may, sub- ject to approval by the President and without the con- sent of the member affected, order to active duty of not more than fourteen days in any four-month period and not more than thirty days in any one-year period from the Coast Guard Ready Reserve an organized training unit, a member thereof, or a member not assigned to a unit organized to serve as a unit.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. § 3714. Enlistment of members engaged in school- ing The initial period of active duty for training required by section 12103(d) of title 10, may be divided into two successive annual periods of not less than six weeks each, to permit the en- listment of a Reserve member without inter- rupting any full-time schooling in which the member is engaged. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 713; amended Pub. L. 103–337, div. A, title