### §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 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.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained 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), substituted "during a, or to aid in prevention of an imminent," 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 "section 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 follows: "Notwithstanding any other law, and for the emergency augmentation of the Regular Coast Guard forces during a time of serious natural or manmade disaster, accident, or catastrophe the Secretary may, subject to approval by the President and without the consent 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.