Page:United States Statutes at Large Volume 117.djvu/1480

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1461

requirements for responding to an emergency referred to in that subsection have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.’’. SEC. 516. NATIONAL GUARD OFFICERS ON ACTIVE DUTY IN COMMAND OF NATIONAL GUARD UNITS.

(a) CONTINUATION IN STATE STATUS.—Subsection (a) of section 325 of title 32, United States Code, is amended— (1) by striking ‘‘(a) Each’’ and inserting ‘‘(a) RELIEF REQUIRED.—(1) Except as provided in paragraph (2), each’’; and (2) by adding at the end the following new paragraph: ‘‘(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State or Territory, or of Puerto Rico or the District of Columbia, under paragraph (1) while serving on active duty in command of a National Guard unit if— ‘‘(A) the President authorizes such service in both duty statuses; and ‘‘(B) the Governor of his State or Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.’’. (b) FORMAT AMENDMENT.—Subsection (b) of such section is amended by inserting ‘‘RETURN TO STATE STATUS.—’’ after ‘‘(b)’’. SEC. 517. PRESIDENTIAL REPORT ON MOBILIZATION OF RESERVE COMPONENT PERSONNEL AND SECRETARY OF DEFENSE ASSESSMENT.

(a) PRESIDENTIAL REPORT.—Not later than six months after the date of the enactment of this Act, the President shall transmit to Congress a report on the mobilization during fiscal years 2002 and 2003 of members of the reserve components. The report shall include, for each of those fiscal years, the following: (1) The number of members of the reserve components who were called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10, United States Code. (2) Of the members counted under paragraph (1), the number who, under a call or order to active duty referred to in paragraph (1), served on active duty for one year or more (including any extension on active duty) and, for those members, specification of their military specialties and the number of such members in each such specialty. (3) Of the members counted under paragraph (1), the number who, under a provision of law referred to in paragraph (1), were called or ordered to active duty more than once and, for those members, specification of their military specialties and the number of such members in each such specialty. (b) ASSESSMENT BY SECRETARY OF DEFENSE.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the following: (1) A description of the effects on reserve component recruitment and retention that have resulted from—

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