Page:United States Statutes at Large Volume 118.djvu/1896

 118 STAT. 1866 PUBLIC LAW 108–375—OCT. 28, 2004 (5) The Air National Guard of the United States, 10,100. (6) The Air Force Reserve, 3,600. SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL PERFORMING ACTIVE DUTY OR FULL TIME NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT. (a) STRENGTH AUTHORIZATIONS.—Section 115 of title 10, United States Code, is amended— (1) in subsection (a)(1)(A), by inserting ‘‘unless on active duty pursuant to subsection (b)’’ after ‘‘active duty personnel’’; (2) in subsection (a)(1)(B), by inserting ‘‘unless on active duty or full time National Guard duty pursuant to subsection (b)’’ after ‘‘reserve personnel’’; (3) by redesignating subsections (b), (c), (d), (e), (f), (g) and (h) as subsections (c), (d), (e), (f), (g), (h) and (i), respec tively; and (4) by inserting after subsection (a) the following new sub section (b): ‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AUTHORIZED BY LAW.—(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full time National Guard duty at any given time who are called or ordered to— ‘‘(A) active duty under section 12301(d) of this title for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense; ‘‘(B) full time National Guard duty under section 502(f)(2) of title 32 for the purpose of providing operational support when authorized by the Secretary of Defense; ‘‘(C) active duty under section 12301(d) of this title or full time National Guard duty under section 502(f)(2) of title 32 for the purpose of preparing for and performing funeral honors functions for funerals of veterans under section 1491 of this title; ‘‘(D) active duty or retained on active duty under sections 12301(g) of this title while in a captive status; or ‘‘(E) active duty or retained on active duty under 12301(h) or 12322 of this title for the purpose of medical evaluation or treatment. ‘‘(2) A member of a reserve component who exceeds either of the following limits shall be included in the strength authorized under subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1): ‘‘(A) A call or order to active duty or full time National Guard duty that specifies a period greater than three years. ‘‘(B) The cumulative periods of active duty and full time National Guard duty performed by the member exceed 1095 days in the previous 1460 days. ‘‘(3) In determining the period of active service under paragraph (2), the following periods of active service performed by a member shall not be included: ‘‘(A) All periods of active duty performed by a member who has not previously served in the Selected Reserve of the Ready Reserve. ‘‘(B) All periods of active duty or full time National Guard duty for which the member is exempt from strength accounting under paragraphs (1) through (8) of subsection (i).’’.

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