Title 14 — Coast Guard
Chapter 37 — Coast Guard Reserve
§ 3713. Active duty for emergency augmentation of regular forces
Statutory text
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.
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.
Active duty served under this section—
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;
does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–322 § 1 · 94 Stat. 1002
Enacted · 14 U.S.C. § 3713
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1006, § 712
Source evidence
Code source credit
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1006, § 712Coast Guard Authorization Act of 1991
Pub. L. 102–241 § 13 · 105 Stat. 2208
Amended · 14 U.S.C. § 3713(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
SEC. 13. EMERGENCY RECALL OF RESERVISTS. Section 712(a) of title 14, United States Code, is amended to read as follows: “(a) Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a serious natural or manmade disaster, accident, or catastrophe, the Secretary may, without the consent of the member affected, order to active duty of not more than thirty days in any four-month period and not more than sixty days in any two-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.”.Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1677(b)(3) · 108 Stat. 2663
Substituted · 14 U.S.C. § 3713(c)(1)
Pub. L. 103–337 substituted “section 10147 of title 10” for “section 270 of title 10”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 103–337 substituted “section 10147 of title 10” for “section 270 of title 10”.Enacted provision · exact public law section
(3) Section 712(c)(1) is amended by striking out “section 270 of title 10” and inserting in lieu thereof “section 10147 of title 10”.Effective date note
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.Coast Guard Authorization Act of 1996
Pub. L. 104–324 title II § 204 · 110 Stat. 3901
Added · 14 U.S.C. § 3713(d)
Pub. L. 104–324 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–324 added subsec. (d).Enacted provision · exact public law section
SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH. Section 712 of title 14, United States Code, is amended by adding at the end the following: “(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.”.Coast Guard and Maritime Transportation Act of 2006
Pub. L. 109–241 § 206(1) · 120 Stat. 516
Substituted · 14 U.S.C. § 3713(a)
Pub. L. 109–241, § 206(1)–(4), substituted “during a, or to aid in prevention of an imminent,” for “during a”
Substituted · 14 U.S.C. § 3713(a)
Pub. L. 109–241, § 206(1)–(4), substituted “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,”
Substituted · 14 U.S.C. § 3713(a)
Pub. L. 109–241, § 206(1)–(4), substituted “60 days in any 4-month period” for “thirty days in any four-month period”
Substituted · 14 U.S.C. § 3713(a)
Pub. L. 109–241, § 206(1)–(4), substituted “120 days in any 2-year period” for “sixty days in any two-year period”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in subsection (a) by striking “during a” and inserting “during a, or to aid in prevention of an imminent,”;Coast Guard and Maritime Transportation Act of 2006
Pub. L. 109–241 § 206(5) · 120 Stat. 516
Added · 14 U.S.C. § 3713(e)
Pub. L. 109–241, § 206(5), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 109–241, § 206(5), added subsec. (e).Enacted provision · exact public law section
(5) by adding at the end the following: “(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.” .Pub. L. 110–53 title V § 502(c)(2) · 121 Stat. 266
Substituted · 14 U.S.C. § 3713(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))”
Source evidence
Code amendment note
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))”.Enacted provision · exact public law section
(2) Other law.— Section 712(a) of title 14, United States Code, is amended by striking “section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))” and inserting “section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))”.Howard Coble Coast Guard and Maritime Transportation Act of 2014
Pub. L. 113–281 title II § 219 · 128 Stat. 3022
Struck · 14 U.S.C. § 3713(a)
Pub. L. 113–281 struck out “not more than 60 days in any 4-month period and” before “not more than 120 days”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
SEC. 219. ACTIVE DUTY FOR EMERGENCY AUGMENTATION OF REGULAR FORCES. Section 712(a) of title 14, United States Code, 14 USC 712. is amended by striking “not more than 60 days in any 4-month period and”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title XIX § 1913(b)(3) · 130 Stat. 2000
Substituted · 14 U.S.C. § 3713(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))”
Source evidence
Code amendment note
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))”.Enacted provision · exact public law section
(3) Section 712(a) of title 14, United States Code, is amended by striking “section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))” and inserting “section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)”.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 118(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 3713
Pub. L. 115–282 renumbered section 712 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 712 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 37 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 701Organization3701 702Authorized strength3702 703Coast Guard Reserve Boards3703 704Grades and ratings; military authority3704 705Benefits3705 706Temporary members of the Reserve; eligibility and compensation3706 707Temporary members of the Reserve; disability or death benefits3707 708Temporary members of the Reserve; certificate of honorable service3708 709Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade3709 709aReserve student pre-commissioning assistance program3710 710Appointment or wartime promotion; retention of grade upon release from active duty3711 711Exclusiveness of service3712 712Active duty for emergency augmentation of regular forces3713 713Enlistment of members engaged in schooling3714 720Definitions3731 721Applicability of this subchapter3732 722Suspension of this subchapter in time of war or national emergency3733 723Effect of this subchapter on retirement and retired pay3734 724Authorized number of officers3735 725Precedence3736 726Running mates3737 727Constructive credit upon initial appointment3738 728Promotion of Reserve officers on active duty3739 729Promotion; recommendations of selection boards3740 730Selection boards; appointment3741 731Establishment of promotion zones under running mate system3742 732Eligibility for promotion3743 733Recommendation for promotion of an officer previously removed from an active status3744 734Qualifications for promotion3745 735Promotion; acceptance; oath of office3746 736Date of rank upon promotion; entitlement to pay3747 737Type of promotion; temporary3748 738Effect of removal by the President or failure of consent of the Senate3749 739Failure of selection for promotion3750 740Failure of selection and removal from an active status3751 741Retention boards; removal from an active status to provide a flow of promotion3752 742Maximum ages for retention in an active status3753 743Rear admiral and rear admiral (lower half); maximum service in grade3754 744Appointment of a former Navy or Coast Guard officer3755 745Grade on entry upon active duty3756 746Recall of a retired officer; grade upon release3757
12 of 13 references resolved to an enrolled provision · 1 partial
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.
Amendments1991–2018 · 8 rounds
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 , 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.
Credits
1980–2018 · 9 acts
- 1980Added Pub. L. 96–322, § 1, , 94 Stat. 1006, § 712
- 1991amended Pub. L. 102–241, § 13, , 105 Stat. 2213
- 1994Pub. L. 103–337, div. A, title XVI, § 1677(b)(3), , 108 Stat. 3020
- 1996Pub. L. 104–324, title II, § 204, , 110 Stat. 3907
- 2006Pub. L. 109–241, title II, § 206, , 120 Stat. 521
- 2007Pub. L. 110–53, title V, § 502(c)(2), , 121 Stat. 311
- 2014Pub. L. 113–281, title II, § 219, , 128 Stat. 3037
- 2016Pub. L. 114–328, div. A, title XIX, § 1913(b)(3), , 130 Stat. 2687
- 2018renumbered § 3713, Pub. L. 115–282, title I, § 118(b), , 132 Stat. 4233.
Show as published
(Added Pub. L. 96–322, § 1, , 94 Stat. 1006, § 712; amended Pub. L. 102–241, § 13, , 105 Stat. 2213; Pub. L. 103–337, div. A, title XVI, § 1677(b)(3), , 108 Stat. 3020; Pub. L. 104–324, title II, § 204, , 110 Stat. 3907; Pub. L. 109–241, title II, § 206, , 120 Stat. 521; Pub. L. 110–53, title V, § 502(c)(2), , 121 Stat. 311; Pub. L. 113–281, title II, § 219, , 128 Stat. 3037; Pub. L. 114–328, div. A, title XIX, § 1913(b)(3), , 130 Stat. 2687; renumbered § 3713, Pub. L. 115–282, title I, § 118(b), , 132 Stat. 4233.)