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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

submitted 15 years ago by Pub. L. 112-81 to r/title-10-ARMED-FORCES · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

When a governor asks for federal disaster help, the Defense Secretary can call up Reserve units. They can serve up to 120 days without their consent. These members don't count toward normal active-duty strength limits.

(a) Authority: When a governor requests federal help responding to a major disaster or emergency (as defined in the Stafford Act), the Defense Secretary can order, without the affected members' consent, any unit or unassigned member of the Army Reserve, Navy Reserve, Marine Corps Reserve, or Air Force Reserve to active duty for up to 120 continuous days to respond to that request.
(b) Members ordered up this way don't count toward authorized active-duty strength or in-grade limits under this or any other law.
(c) Duty ordered under this section ends by order of the Defense Secretary or by law.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 112–81, div. A, title V, § 515(a)(1), Dec. 31, 2011, 125 Stat. 1394.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 112-81 · 125 Stat. 1394

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.

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