Reserve Component Personnel Issues: Questions and Answers
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Reserve Component Personnel Issues:
Questions and Answers
Updated November 2, 2021
Congressional Research Service
https://crsreports.congress.gov
RL30802
Reserve Component Personnel Issues: Questions and Answers
Summary
The Constitution provides Congress with broad powers over the Armed Forces, including the
power to “to raise and support Armies,” “to provide and maintain a Navy,” “to make Rules for the
Government and Regulation of the land and naval Forces” and “to provide for organizing,
arming, and disciplining the Militia, and for governing such Part of them as may be employed in
the Service of the United States.” In the exercise of this constitutional authority, Congress has
historically shown great interest in various issues that bear on the vitality of the reserve
components, such as funding, equipment, and personnel policy. This report is designed to provide
an overview of key reserve component personnel issues.
The term “Reserve Component” refers collectively to the seven individual reserve components of
the Armed Forces: the Army National Guard of the United States, the Army Reserve, the Navy
Reserve, the Marine Corps Reserve, the Air National Guard of the United States, the Air Force
Reserve, and the Coast Guard Reserve. The purpose of these seven reserve components, as
codified in law at 10 U.S.C. §10102, is to “provide trained units and qualified persons available
for active duty in the armed forces, in time of war or national emergency, and at such other times
as the national security may require, to fill the needs of the armed forces whenever more units and
persons are needed than are in the regular components.” The Army National Guard and the Air
National Guard also have a state role: operating under the control of their governor, they respond
to various domestic emergencies, such as disasters and civil disorders.
During the Cold War era, the reserve components were a manpower pool that was rarely used.
From 1945 to 1989, reservists were involuntarily activated by the federal government four times,
an average of less than once per decade. Since the end of the Cold War, the nation has relied more
heavily on the reserve components. Reservists have been involuntarily activated for contingency
operations by the federal government nine times since 1990, including large-scale mobilizations
for the Persian Gulf War (1990-1991) and the aftermath of the September 11, 2001, terrorist
attacks (2001-present), as well as for Coronavirus Disease 2019 (COVID-19) pandemic response.
Additionally, starting in FY2014, the Services began involuntarily activating reservists under a
new authority for pre-planned missions in support of Combatant Commanders.
This report provides insight to reserve component personnel issues through a series of questions
and answers that address
How reserve component personnel are organized (questions 2 and 4);
How many people are in each of the different categories of the reserve
component (question 3);
How reserve component personnel have been and may be used (questions 1, 5, 6,
7, 9, and 11);
How reserve component personnel are compensated (questions 8 and 10);
The types of legal protections that exist for reserve component personnel
(question 12); and
Recent changes in reserve component pay and benefits made by Congress
(question 13).
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Reserve Component Personnel Issues: Questions and Answers
Contents
1. What Is the Reserve Component? What Is Its Purpose? ..................................................... 1
2. What Are the Different Categories of Reservists? ............................................................. 1
The Ready Reserve.................................................................................................... 1
The Selected Reserve............................................................................................ 1
The Individual Ready Reserve................................................................................ 2
The Inactive National Guard .................................................................................. 2
The Standby Reserve ................................................................................................. 2
The Retired Reserve................................................................................................... 3
3. How Many People Are in the Reserve Component? .......................................................... 3
4. What Does “Full-time Support” Mean? What Are the Different Categories of Full-time
Support for the Reserve Components? ............................................................................. 4
Active Guard and Reserve........................................................................................... 5
Military Technicians .................................................................................................. 5
Active Component..................................................................................................... 6
Civilians .................................................................................................................. 6
5. What Is the Difference Between the Reserves and the National Guard?................................ 6
6. How Has the Role of the Reserve Components Changed in Recent Years?............................ 7
7. How Does the Posse Comitatus Act Affect Use of the Reserve Components to Handle
Domestic Emergencies? ................................................................................................ 9
8. What Type of Pay and Benefits Do Reservists Receive for Reserve Duty? .......................... 10
Pay........................................................................................................................ 11
Special and Incentive Pays ........................................................................................ 11
Allowances............................................................................................................. 11
Medical Care .......................................................................................................... 12
Dental Care ............................................................................................................ 12
Life Insurance......................................................................................................... 12
Commissary and Exchange Privileges......................................................................... 13
Retirement.............................................................................................................. 13
9. How Are Reservists Called to Active Duty by the Federal Government? ............................ 14
Full Mobilization..................................................................................................... 15
Partial Mobilization ................................................................................................. 15
Presidential Reserve Call-up (PRC) ............................................................................ 16
Reserve Emergency Call-up ...................................................................................... 17
Reserve Preplanned Call-up ...................................................................................... 17
Recall of Retired Reservists ...................................................................................... 18
10. What Type of Pay, Benefits, and Legal Protections Are Provided to Reservists
Mobilized for Operations Enduring Freedom and Inherent Resolve? .................................. 18
11. Are There Other Ways in Which Members of the National Guard Can Be Activated? .......... 19
12. What Type of Legal Protections Do Reservists Have When They Are Serving on
Active Duty? What Reemployment Rights Do Reservists Have after Being Released
from Active Duty?...................................................................................................... 21
13. How Has Congress Changed Pay and Benefits for Reserve Component Personnel
Since the September 11 Attacks?................................................................................... 23
Premium-Based Access to TRICARE for Non-activated Reservists and their Families ....... 24
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Reserve Component Personnel Issues: Questions and Answers
Educational Benefit for Activated Reservists................................................................ 24
Post-9/11 Veterans Educational Assistance Act........................................................ 25
Financial Losses for Some Mobilized Reservists .......................................................... 27
Income Replacement for Certain Reserve Component Personnel ............................... 28
Differential Pay for Mobilized Federal Employees .................................................. 28
Reducing the Age at Which Certain Reservists Can Draw Retired Pay ............................. 29
Tables
Table 1. Personnel Strength of the Ready Reserve ................................................................ 3
Table 2. Full-Time Support to the Reserve Components ........................................................ 5
Contacts
Author Information ....................................................................................................... 31
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Reserve Component Personnel Issues: Questions and Answers
1. What Is the Reserve Component? What Is
Its Purpose?
The term “Reserve Component” (RC) refers collectively to the seven individual reserve
components of the Armed Forces: the Army National Guard of the United States, the Army
Reserve, the Navy Reserve, the Marine Corps Reserve, the Air National Guard of the United
States, the Air Force Reserve, and the Coast Guard Reserve. The purpose of these seven reserve
components, as codified in law, is to “provide trained units and qualified persons available for
active duty in the armed forces, in time of war or national emergency, and at such other times as
the national security may require, to fill the needs of the armed forces whenever more units and
persons are needed than are in the regular components.”1 The Army National Guard and the Air
National Guard also have a state role: operating under the control of their governor, they respond
to various domestic emergencies, such as disasters and civil disorders. (For more information on
the difference between the National Guard and other reserve components, see questions 5 and 11.)
2. What Are the Different Categories of Reservists?
All individual reservists, whether members of the Reserve or the National Guard, 2 are assigned to
one of three major reserve categories: the Ready Reserve, the Standby Reserve, or the Retired
Reserve. Reservists who are assigned to the Ready Reserve are further assigned to one of its three
sub-components: the Selected Reserve, the Individual Ready Reserve (IRR), or the Inactive
National Guard (ING). The differences between each of these categories are explained below.
The Ready Reserve
The Ready Reserve is the primary manpower pool of the reserve components. Members of the
Ready Reserve will usually be called to active duty before members of the Standby Reserve 3 or
the Retired Reserve. The Ready Reserve comprises the Selected Reserve, the Individual Ready
Reserve, and the Inactive National Guard, each of which is described below.
The Selected Reserve
The Selected Reserve contains those units and individuals within the Ready Reserve designated
as “so essential to initial wartime missions that they have priority over all other Reserves.”4
Members of the Selected Reserve are generally required to perform one weekend of training each
month (inactive duty for training or IDT, also known colloquially as weekend drill) and two
1
10 U.S.C. §10102.
2 For a discussion of the distinction between the Reserve and the National Guard, see questions 5 and 11.
3 Units and members of the Standby Reserve may be involuntarily ordered to active duty under the provisions of 10
U.S.C. §12301(a) [see question 9, Full Mobilization, for a description of this authority]; however, 10 U.S.C. 12306(b)
specifies that “No unit in the Standby Reserve organized to serve as a unit or any member thereof may be ordered to
active duty under Section 12301(a) of this title, unless t he Secretary concerned, with the approval of the Secretary of
Defense in the case of a Secretary of a military department, determines that there are not enough of the required kinds
of units in the Ready Reserve that are readily available.” A similar provision applies to members of the Standby
Reserve not assigned to a unit.
4 Department of Defense Instruction 1215.06, Uniform Reserve, Training and Retirement Categories for the Reserve
Component, March 11, 2014 (Incorporating Change 1, May 19, 2015), p. 23, at
http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/121506p.pdf .
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weeks of training each year (annual training or AT) for which they receive pay and benefits.
Some members of the Selected Reserve perform considerably more military duty than this, while
others may only be required to perform the two weeks of annual training each year or other
combinations of time. 5 Members of the Selected Reserve can be involuntarily ordered to active
duty under each of the main activation authorities (for example, Full Mobilization, Partial
Mobilization, and Presidential Reserve Call-up; see question 9 for more information on activation
authorities).
The Individual Ready Reserve
The Individual Ready Reserve (IRR) is a manpower pool primarily composed of individuals who
have already received military training, either in the Active Component or in the Selected
Reserve. 6 By law, members of the IRR may be required to perform regular training, but the
Department of Defense does not currently require this. 7 Members of the IRR can volunteer for
training or active duty assignments, and they can also be involuntarily ordered to active duty
under a Full Mobilization, Partial Mobilization, or a Reserve Emergency Call-up. There is also a
category of the IRR that can be activated during a Presidential Reserve Call-up, but at present
there is no one assigned to this category. (See question 9 for more information on these activation
authorities.) There is no IRR in the Army National Guard or the Air National Guard, although
there is an analogous category in the Army National Guard known as the Inactive National Guard
(see “The Inactive National Guard,” immediately below).
The Inactive National Guard
The Inactive National Guard (ING) is, for practical purposes, the National Guard equivalent of
the IRR. It comprises those members of the Army National Guard who are in an inactive status;
currently there is no ING for the Air National Guard. They do not participate in training as do
members of the Selected Reserve; however, they are attached to a specific National Guard unit
and are required to meet with the unit once a year. 8 Members of the ING can be involuntarily
ordered to active duty if the unit they are attached to is activated under a Partial Mobilization, or a
Full Mobilization. They are not subject to activation under a Presidential Reserve Call-up. 9 (See
question 9 for more information on these activation authorities.)
The Standby Reserve
The Standby Reserve comprises those individuals who have a temporary disability or hardship,
hold key positions in their civilian jobs, and certain other categories. 10 While in the Standby
5 For example, members of the Selected Reserve often volunteer to perform extra duty, while some members of the
Individual Mobilization Augmentee (IMA) program may only perform two weeks of training per year. Other members
of the IMA program may be required to perform IDT as well, but often perform it during weekdays rather than on
weekends.
6 Department of Defense Instruction 1215.06, p. 26.
7 10 U.S.C. §10147; Department of Defense Instruction 1215.06, p. 26.
8 Department of Defense Instruction 1215.06, p. 27.
9
Department of Defense Instruction 1235.13, Administration and Management of the Individual Ready Reserve (IRR)
and the Inactive National Guard (ING), October 18, 2013, Incorporating Change 1, April 30, 2020. 15, at
http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/123513p.pdf.
10 Department of Defense Instruction 1215.06, p. 28 , and Department of Defense Instruction 1235.09, Management of
the Standby Reserve, February 12, 2014, Incorporating Change 1, effective May 5, 2020, p. 7 -9, at
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Reserve, reservists are not required to participate in military training and are subject to
involuntary activation only in the case of a full mobilization. (See question 9 for more
information on these activation authorities.)
The Retired Reserve
The Retired Reserve includes (1) Reserve officers and enlisted personnel who are receiving
retired pay as a result of their reserve and/or active service; and (2) Reserve officers and enlisted
personnel who transfer into the Retired Reserve after qualifying for reserve retirement, but before
becoming eligible to receive retired pay (which normally occurs at age 60). 11 Regular officers and
enlisted personnel who are receiving retired pay are not included in the Retired Reserve.
Members of the Retired Reserve may be involuntarily ordered to active duty in the event of a full
mobilization, and some members of the Retired Reserve may be ordered to active duty in the
event of a recall of retirees. (See “9. How Are Reservists Called to Active Duty by the Federal
Government?” for more information on activation authorities.)
3. How Many People Are in the
Reserve Component?
As of July 31, 2021, the total reported personnel strength of the Ready Reserve was 1,007,853.
Table 1 breaks down this figure by service and category of reservist. In addition, there are about
5,400 members of the Standby Reserve and about 789,000 members of the Retired Reserve,
although these categories of reservists are much less likely to be mobilized than Ready
Reservists. 12 Additionally, a substantial percentage of the Retired Reserve would likely be unable
to mobilize due to age and fitness.
Table 1. Personnel Strength of the Ready Reserve
(Actual personnel strengths as of July 31, 2021)
Selected Reserve
Individual Ready
Reserve/ Inactive
National Guard
Total
Ready Reserve
Army National Guard
337,235
892
338,127
Army Reserve
185,680
79,034
264,714
Navy Reserve
57,186
38,299
95,485
Marine Corps Reserve
35,852
61,578
97,430
Air National Guard
107,737
0
107,737
Air Force Reserve
70,406
26,021
96,427
Coast Guard Reserve
6,250
1,683
7,933
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/123509p.pdf .
11See 10 U.S.C. §10154 and Department of Defense Instruction 1215.06, pp 29 -30. For more on reserve retirement
pay, see the section in this report on retirement, under the heading “ 8. What T ype of Pay and Benefits Do Reservists
Receive for Reserve Duty?” See also CRS Report RL34751, Military Retirement: Background and Recent
Developments, by Kristy N. Kamarck.
12 Retired Reserve figures are as of September 30, 2020 and do not include Retired Reserve for the Coast Guard.
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Selected Reserve
Total
800,346
Individual Ready
Reserve/ Inactive
National Guard
Total
Ready Reserve
207,507
1,007,853
Source: Defense Manpower Data Center, Summary Strength Report, report run August 23, 2021.
Although the Reserves have been used extensively in support of operations since September 11,
2001, the overall authorized end-strength of the Selected Reserve declined by about 7.5%
between 2001 and 2021 (874,664 for FY2001 versus 809,000 for FY2021).13 The largest
reduction in authorized end-strength occurred in the Navy Reserve (-30,100 or -33.9%), while
smaller reductions occurred in the Coast Guard Reserve (-1,000 or -12.5%), Army Reserve (15,500 or 7.6%), Air Force Reserve (-4,058 or -5.5%), Army National Guard (-14,026 or -4.0%),
and Marine Corps Reserve (-1,058 or -2.7%). The authorized strength for the Air National Guard
grew slightly in this time period (+78 or +0.1%). 14
4. What Does “Full-time Support” Mean? What Are
the Different Categories of Full-time Support for the
Reserve Components?
Reserve units are primarily filled by traditional reservists: members of the Selected Reserve who
are usually required to work one weekend a month and two weeks a year. However, most reserve
units are also staffed by one or more full-time civilian and/or military employees. These
employees, known as full-time support (FTS) personnel, are “assigned to organize; administer;
instruct; recruit and train; maintain supplies, equipment and aircraft; and perform other functions
required on a daily basis in the execution of operational missions and readiness preparations ” as
authorized in Title 10, Title 5, and Title 32. 15
There are four types of FTS personnel: Active Guard & Reserve, Military Technician, Active
Component, and Civilian. The distinctions between each of these categories are outlined below.
The mix of FTS personnel in each of the reserve components (RC) is intended “to optimize
consistency and stability for each RC to achieve its assigned missions.”16 Table 2 provides a
summary of FTS personnel strength, broken down by service and category.
13 Authorized end-strength for the Selected Reserve is the congressionally -approved maximum number of personnel
permitted to be serving in this cat egory on September 30 th of a given year. Actual end-strengths for the Selected
Reserve may be lower than this or, with approval by the Service Secretary or Secretary of Defense, slightly higher.
14
Authorized end-strengths for FY2001 listed in section 411 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (P.L. 106-398). Authorized end-strengths for FY2021 listed in section 411 of the William M.
(Mac) T hornberry National Defense Authorization Act for Fiscal Year 2021 (P.L. 116-283).
15 Department of Defense Instruction (DODI) 1205.18, “Full-Time Support (FT S) to the Reserve Components,” June 5,
2020, p. 10, at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/120518p.pdf?ver=2020 -06-05095821-867
16 DODI 1205.18, p. 3. T he Navy uses the terms “Navy Full T ime Support” or “Navy FT S” to refer to its AGR
program.
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Active Guard and Reserve
Active Guard and Reserve (AGR) personnel are members of a Reserve Component who are
placed on active duty or full-time National Guard duty orders for a period of 180 consecutive
days or more for the purpose of “organizing, administering, recruiting, instructing, or training the
reserve components.”17 They may also perform certain operational support duties, and certain
duties related to defense against weapons of mass destruction, as well as provide training to active
component personnel, DOD contractors, DOD civilians, and foreign military personnel. 18
Although they are serving full-time, AGR personnel are still considered members of the Selected
Reserve. They are usually required to attend weekend drills and annual training with the reserve
unit to which they are assigned.
Table 2. Full-Time Support to the Reserve Components
(Actual Personnel Strengths of September 30, 2020)
Active
Guard and
Reserve
Military
Technician
Active
Component
Army National
Guard
30,902
21,946
973
4,701
58,522
Army Reserve
16,615
6,492
64
4,469
27,640
Navy Reserve
10,118
0
1,199
926
12,243
Marine Corps
Reserve
2,363
0
3,779
220
6,362
Air National
Guard
22,025
14,806
36
3,741
40,608
Air Force Reserve
4,632
7,363
351
3,960
16,306
Total
86,537
50,607
6,402
18,017
161,681
Civilian
Total
Source: Full-Time Support figures from Service budget documents.
Military Technicians
Military technicians (MTs) – referred to in statute as “military technicians (dual status)” – are
federal civilian employees who provide support to reserve units, either in the “organizing,
administering, instructing or training of the Selected Reserve” or by maintaining and repairing
reserve component equipment and supplies. 19 Some MTs may also perform certain operational
support duties and provide training to active component personnel, DOD contractors, DOD
civilians, and foreign military personnel. 20 Unlike regular civilian employees, MTs are generally
required to maintain membership in the Selected Reserve as a condition of their employment. 21
17 10 U.S.C. §§101(d)(6)(A). See also DODI 1205.18, p. 7.
18 10 U.S.C. §12310 and 32 U.S.C. §328. AGR personnel can also be assigned to “national-level headquarters
assignments.” See DODI 1205.18, p. 7, and 10 U.S.C. §10211.
19 10 U.S.C. §10216. See also DODI 1205.18, p. 11.
20 10 U.S.C. §10216(a)(3).
21
T his is known as the dual-status requirement, reflecting their status as both federal civilian employees and military
reservists. Until 2017, there was also a category of full-time support known as non-dual status technicians (NDST ).
NDST s were civilian employees of the military departments serving in military technician positions. T hey per formed
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They are required to attend weekend drills and annual training with their reserve unit, which is
usually the one that employs them as civilians during the week. Military technicians can be
involuntarily ordered to active duty in the same way as other members of the Selected Reserve
(see “2. What Are the Different Categories of Reservists?”). There are no MTs in the Navy
Reserve, the Marine Corps Reserve, or the Coast Guard Reserve.
Active Component
Active Component (AC) personnel are active-duty members of the military who are “assigned or
attached to [Reserve Component] organizations or units by their respective Service to provide
advice, liaison, management, administration, training, and support.”22 Although they are formally
members of the Active Component, not the Reserve Component, AC personnel may deploy with
the reserve unit to which they are assigned if the unit is mobilized.
Civilians
Civilians are federal civil service employees who “provide administration, training, maintenance,
and recruiting support” to the Reserve Component. 23 They are not required to hold membership in
the Selected Reserve as a condition of their employment, although some do so voluntarily. Unless
they are members of the reserve component, they cannot be involuntarily ordered to active duty.
5. What Is the Difference Between the Reserves and
the National Guard?
Although the term reserves is often used as a generic term to refer to all members of the seven
individual reserve components, there is an important distinction between the five reserve
components that are purely federal entities (i.e., the Army Reserve, Navy Reserve, Marine Corps
Reserve, Air Force Reserve, and Coast Guard Reserve) and the two reserve components that are
both federal and state entities (i.e., the Army National Guard and the Air National Guard). In this
context, the five purely federal reserve components are referred to collectively as the Reserves,
while the dual federal/state reserve components are referred to collectively as the National Guard.
The Reserves are of comparatively recent origin, having all been established in the 20 th century.
They were organized under Congress’s constitutional authority “to raise and support Armies” and
“to provide and maintain a Navy.”24 The National Guard has a much longer historical pedigree. It
is descended from the colonial-era militias 25 that existed prior to the adoption of the Constitution.
the same functions as MT s, but could not be ordered to active duty as they did not have a military status. Section 1084
of the FY2017 National Defense Authorization Act (P.L. 114-328) required that the Secretary of Defense convert all
NDST s to civilian positions by October 1, 2017.
22 DODI 1205.18, p. 10.
23 DODI 1205.18, p. 11.
24 U.S. Constitution, Article 1, Section 8, clauses 12 and 13.
25 T he colonial militia, which was derived from a long-standing English tradition and which required every able-bodied
free male (though Native Americans and free blacks were frequently excluded) to participate in the common defense of
his town or locality, was the principal institution of colonial military power. Gradually, as the colonial population grew
and military threats waned, a distinction arose between the unorganized militia (those members of the militia who were
potentially liable for military service but who did not actively participate in military training) and the organized militia
(those members of the militia who regularly trained for war and who responded first to military threats). T oday, the
U.S. Code still recognizes the militia as consisting of “all able-bodied males at least 17 years of age and ... under 45
years of age who are, or who have made a declaration of intention to become, citizens of the United States and of
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The Constitution does, however, contain provisions that recognize the existence of the militia and
that give the federal government a certain amount of control over it. 26
Unlike the Reserves, which are exclusively federal organizations, the National Guard is usually
both a state and a federal organization. The National Guard of the United States is made up of 54
separate National Guard organizations: one for each state, and one for Puerto Rico, Guam, the
U.S. Virgin Islands, and the District of Columbia. While the District of Columbia National Guard
is an exclusively federal organization and operates under federal control at all times, the other 53
National Guards operate as state or territorial organizations most of the time. 27 In this capacity,
each of these 53 organizations is identified by its state or territorial name (e.g., the California
National Guard or the Puerto Rico National Guard), and is controlled by its respective governor.
Due to their dual federal and state role, National Guardsmen can be called to duty in several
different ways (see questions 9 and 11) and the mode of activation has important implications for
the pay, benefits, and legal protections they receive (see questions 10 and 12).
6. How Has the Role of the Reserve Components
Changed in Recent Years?
In 2000, Charles Cragin, a former Assistant Secretary of Defense for Reserve Affairs, summed up
the changing role of the reserve components in the following words: “The role of our Reserve
forces is changing in the United States. We have seen their traditional role, which was to serve as
manpower replacements in the event of some cataclysmic crisis, utterly transformed. They are no
longer serving as the force of last resort, but as vital contributors on a day-to-day basis around the
world.”28 His comments, well supported by historical data at the time he made them, became even
more apt given the large reserve mobilization that has occurred since the September 11, 2001,
terrorist attack on the United States.
During the Cold War era, the reserve components were a manpower pool that was rarely used.
From 1945 to 1989, reservists were involuntarily activated for federal service 29 four times, an
average of less than once per decade. These activations occurred only during wartime and
national emergencies: the Korean War (1950-1953; 857,877 reservists involuntarily activated),
the Berlin Crisis (1961-1962; 148,034 reservists involuntarily activated), the Cuban Missile Crisis
(1962; 14,200 reservists involuntarily activated), and the Vietnam War/USS Pueblo Crisis (19681969; 37,643 reservists involuntarily activated).
female citizens of the United States who are members of the National Guard.” (10 U.S.C. §246) T his provision of the
law further divides the militia into the organized and the unorganized militia, and declares the National Guard and the
Naval Militia to be the organized militia. Several states have Naval Militias, including Alaska, New York, and Ohi o.
See also Chapter 887 of T itle 10. For more information on the role of women in the armed forces see CRS Report
R44321, Diversity, Inclusion, and Equal Opportunity in the Armed Services: Background and Issues for Congress, by
Kristy N. Kamarck.
26 See U.S. Constitution, Article I, Section 8, clauses 15 and 16, and Article II, Section 2, clause 1.
27
For more on the District of Columbia National Guard, see CRS In Focus IF11768, National Guard Civil Support in
the District of Columbia, by Lawrence Kapp, Alan Ott, and Michael A. Foster.
28 Charles L. Cragin, Assistant Secretary of Defense for Reserve Affairs, remarks printed in The Officer, September
2000, p. 34.
29 T his category excludes those who served on active duty under voluntary orders or annual training order s and
excludes members of the National Guard serving in a state status (see question 11). Additionally, with the exception of
those mobilized in response to the terrorist attacks of September 11, 2001, it excludes involuntary activations of
reservists for domestic missions, such as responding to civil disorders.
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The nation has relied more heavily on the reserve components since the end of the Cold War.
Reservists have been involuntarily activated for federal service for nine separate contingency
operations over the past 29 years, as noted below:
Persian Gulf War (1990-1991; 238,729 reservists involuntarily activated).
Intervention in Haiti (1994-1996; 6,250 reservists involuntarily activated).
Bosnian peacekeeping mission (1995-2004; 31,553 reservists involuntarily
activated). 30
Low-intensity conflict with Iraq31 (1998-2003; 6,108 reservists involuntarily
activated).
Kosovo mission (1999-present; 11,485 reservists involuntarily activated through
2003; no available data since then).
the Ebola outbreak in West Africa (2014).
the Enhanced Department of Defense Counternarcotic Operation in the Western
Hemisphere (2020).
Military operations in the aftermath of the September 11, 2001, terrorist attacks 32
(2001-present; 1,031,500 reservists involuntarily and voluntarily activated as of
August 24, 2021). 33
30
On December 1, 2004, the last U.S. peacekeeping troops left Bosnia, as NAT O handed ove r the stabilization mission
to the European Union.
31
In the aftermath of the 1991 Persian Gulf War, the United States maintained a substantial military presence in the
region to enforce the terms of the cease-fire agreements. T he United States used this military force to compel Iraqi
compliance with the terms of the cease-fire agreements on a number of occasions. One of the most significant U.S.
confrontations with Iraq began in late 1997, in response to Iraqi interference in the conduct of U.N. weapons
inspections. As tensions with Iraq mounted, the United States began to build up its forces in the Gulf region.
Subsequently, nearly constant low-intensity air combat took place in and over Iraq. Iraqi anti-aircraft weapons fired on
U.S. and allied aircraft; the allies responded by bombarding these and other military targets. On February 24, 1998,
President William J. Clinton ordered a Presidential Reserve Call-up (i.e., the activation of reservists under T itle 10,
Section 12304 of the United States Code; for more information on this authority, see question 9). T he first reservists
called under this authority entered active duty on March 1, 1998. T his low-intensity conflict with Iraq changed to a
high-intensity conflict on March 20, 2003, with the commencement of Operation Iraqi Freedom. On May 1, 2003, all
operations associated with the low-intensity conflict —such as Operation Northern Watch and Operation Southern
Watch—became part of Operation Iraqi Freedom. Since then, reservists involuntarily activated for o perations related to
Iraq have been ordered to active duty under the post -September 11, 2001, Partial Mobilization (for more information on
mobilization authorities, see question 9).
32 Includes Operations Noble Eagle (ONE), Enduring Freedom (OEF), Freedom’ s Sentinel (OFS), Iraqi Freedom (OIF),
New Dawn (OND), and Inherent Resolve (OIR). Operation Noble Eagle is the name given to military operations
related to homeland security and support to federal, state, and local agencies in the wake of the September 11 , 2001,
attacks. Operation Enduring Freedom included operations in Afghanistan, operations against terrorists in other
countries, and training assistance to foreign militaries that are conducting operations against terrorists. Operation
Enduring Freedom ended in Afghanistan on December 31, 2014 and was immediately succeeded by Operation
Freedom’s Sentinel, which ended on August 30, 2021. Operation Enduring Freedom continues in other parts of the
world, most notably in Africa. Operation Iraqi Freedom included both the invasion of Iraq and the subsequent
counterinsurgency and rebuilding operations. It began on March 19, 2003 and ended on August 31, 2010. It was
immediately succeeded by Operation New Dawn, which ended on December 15, 2011, the day the Iraq mission
officially ended. Operation Inherent Resolve is focused on operations to eliminate the Islamic State of Iraq and the
Levant (ISIL). It started on June 15, 2014 and is ongoing.
33 Between September 11, 2001, and August 24, 2021, a total of 1,031,500 reservists (which includes the National
Guard) have served under voluntary or involuntary federal orders for ONE, OEF/OFS, and OIF/OND/OIR. Of these,
34,511 were serving on active duty on August 24, 2021, while 996,989 had completed their tours and been relea sed
from active duty. Source: Department of Defense, “Guard and Reserve Overseas Contingency Operations Activations,”
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COVID-19 response efforts (2020-present; 10,027 reservists involuntarily and
voluntarily activated and reported by the Services as of August 24, 2021. This
figure does not include National Guard activations under Title 32 of the U.S.
Code for COVID-19 response). 34
Some of the activations figures above include only involuntary activations and some include both
voluntary and involuntary activations. Additionally, they do not include service under annual
training orders or, for members of the National Guard, service under state authority (see “11. Are
There Other Ways in Which Members of the National Guard Can Be Activated?” for more
information on state active duty and duty under Title 32 of the U.S. Code).
The continuing mobilization of reservists to participate in these operations lends support to the
idea that the Reserve Component has been transformed from a “force of last resort” in the Cold
War era into a more integrated part of the military services in the post-Cold War era. 35
For more information on the history of reserve activations, see CRS Report RL30637,
Involuntary Reserve Activations For U.S. Military Operations Since World War II, by Lawrence
Kapp.
7. How Does the Posse Comitatus Act Affect Use of
the Reserve Components to Handle Domestic
Emergencies?
The Posse Comitatus Act (18 U.S.C. §1385), along with other related laws and administrative
provisions, prohibits the use of the military to execute civilian laws unless expressly authorized
by the Constitution or an act of Congress. As a part of the military, the reserve components are
generally covered under these provisions and thus are restricted in the same way that active
component forces are. However, there are important exceptions to this general rule.
First, Congress has made a number of exceptions to the Posse Comitatus Act that permit military
involvement in law enforcement. For example, Congress has enacted several statutes that
August 24, 2021, produced by the Defense Manpower Data Center . Historical note: On June 10, 2008, the Department
of Defense changed its methodology for reporting reserve activations. Prior to that date, the report was based only on
involuntary mobilizations under 10 U.S.C. §12302. Additionally, the old report counted the total number of involuntary
mobilization actions rather than the total number of individuals mobilized. T hus, reservists who had been mobilized
twice were counted twice. Since that date, the report has been modified to include those who have been activated
voluntarily under 10 U.S.C. §12301(d) and those reservists who have been activated involuntarily under 10 U.S.C.
§12302 or retirees who have been recalled under 10 U.S.C. §688. Additionally, the report is based on Social Security
Number, so that an individual who was activated twice is only counted once.
34
In addition to these federal activations, as of June 9, 2020, there have been 72,640 reported activations of National
Guard personnel for COVID-19 response under the authority of 32 U.S.C. §502(f). Source: Department of Defense,
“Guard and Reserve COVID-19 Activation Response,” August 24, 2021, produced by the Defense Manpower Data
Center.
35 Data from the Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs (OASD/M&RA) shed
more light on the growing contribution of reservists to federal missions from the late 1980s through the mid-2010s.
According to OASD/M&RA, reservists contributed about 1 million duty -days per year to their respective services
between fiscal years 1986 and 1989. T his contribution increased since then to the point where reservists contributed
about 13 million duty-days per year between fiscal years 1996 and 2001. With the large mobilization of reservists in the
aftermath of the September 11, 2001, attacks, reservists contributed about 41.3 million days in FY2002, rising to a peak
of 68.3 million days in FY2005. T his metric dropped to 17.3 million days by FY2014, but it still represents a vastly
higher level of activity than typically occurred in the Cold War era. No data available after FY2014.
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authorize the President to use military forces to suppress insurrections and domestic violence. 36 If
these statutes were to be invoked, the President could use the reserve component in the same way
as active component forces to put down a rebellion or to control domestic violence. Another
important exception relates to the Coast Guard, which Congress has vested with broad law
enforcement authority. 37 Under these statutory provisions, the Coast Guard Reserve can
participate, like its active counterpart, in the enforcement of maritime, customs, and certain other
federal laws.
Second, when acting in its capacity as the organized militia of a state, the National Guard is not
part of the federal military and thus is not covered by the Posse Comitatus Act. Only when it is
called into federal service does the National Guard become potentially subject to the act (although
it may still be exempt by an express constitutional provision or statute, as discussed in the
previous paragraph). As such, the National Guard can be used by state authorities to enforce the
law. For example, while acting in a state capacity, the National Guard has been used for riot
control and counter-drug activities. Additionally, it was used to provide increased security at
airports throughout the country in the aftermath of the September 11, 2001, terrorist attacks, to
assist with security and disaster relief missions in the aftermath of Hurricanes Katrina and Rita,
and to assist in responding to civil disorders in 2020 and 2021.
For more information on the Posse Comitatus Act see CRS Report R42669, The Posse Comitatus
Act and Related Matters: A Sketch, by Jennifer K. Elsea.
8. What Type of Pay and Benefits Do Reservists
Receive for Reserve Duty?
This section focuses on the pay and benefits provided to participating members of the Selected
Reserve when they are not serving on active duty. In general, when reservists are ordered to
federal active duty for more than 30 days they receive pay and benefits nearly identical to those
of active duty personnel, although there are some exceptions. 38 When ordered to active duty for a
period of 30 days or less, they receive most, but not all, of the pay and benefits that active duty
personnel receive. 39 Additionally, reservists who are not on active duty receive a different set of
pay and benefits when they are serving in a reserve component category other than the Selected
36
See 10 U.S.C. §251-255.
37 See 14 U.S.C. §2 and §522.
38 For example, one area in which benefits are not identical is reenlistment bonuses. Reservists serving on active duty
who are eligible for a reenlistment bonus may receive a maximum bonus of $15,000 per year o f obligated service in a
reserve component (37 U.S.C. §331(c)(1)(C)), as opposed to active duty personnel who may receive a maximum bonus
of $30,000 per year of obligated service in a regular component (37 U.S.C. §331(c)(1)(B)). However, reserve bonuses
are provided in exchange for continued reserve service, while active duty bonuses are provided in exchange for
continued active duty service.
39
For example, they do not receive medical coverage for their families unless they have enrolled in the premium -based
T RICARE Reserve health program (see question 13). Additionally, those serving 30 days or less typically receive a
housing allowance known as BAH-RC/T (Reserve Component/Transit), which is generally lower than the normal Basic
Allowance for Housing (BAH); however, these individuals receive the normal BAH if they are serving in support of a
contingency operation (see 37 U.S.C. §403(g)).
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Reserve40 and members of the National Guard receive a different set of pay and benefits when
they are serving full-time in a state status. 41
Pay
Members of the Selected Reserve are generally required to work one weekend a month (called
inactive duty for training or IDT; also known colloquially as weekend drill) and two weeks per
year (called annual training or AT). They are paid for this work according to the same basic pay
table used for their active duty counterparts. This table is based on both rank and years of service.
Thus, reservists and active duty personnel of the same rank and the same longevity fall into the
same category for basic pay. However, reservists and active duty personnel do not always accrue
credit for a day of pay in the same manner.
During AT, reservists receive one day of basic pay for each day of duty, just as active duty
personnel receive one day of basic pay for each day of duty. Thus, for a typical AT of two weeks,
a reservist receives 14 days of basic pay. However, during IDT reservists receive the equivalent of
one day of basic pay for each unit training assembly (UTA) they attend. A UTA is generally a
four-hour period of instruction, and there are usually four UTAs per drill weekend. Thus, for each
two-day long weekend drill reservists receive the equivalent of four days of basic pay. During a
typical year, then, a reservist who worked 38 days (14 days of annual training plus 24 days of
IDT) would receive the equivalent of 62 days of basic pay (14 days of pay for annual training and
48 days of pay for IDT).
Special and Incentive Pays
Depending on the type of duty they are performing, reservists may also be eligible for special and
incentive pays for performing certain types of hazardous or arduous duty, for serving in certain
assignments, or for possessing certain skills. Reservists are generally eligible for special and
incentive pays during AT under the same conditions as active component personnel. Typically,
they may receive a pro-rated portion of the full monthly amount corresponding to the number of
days served. Reservists may also be eligible for special and incentive pays during IDT, and
typically receive such compensation at a rate proportional to the amount of inactive duty
compensation they receive (i.e., one-thirtieth of the monthly rate for each unit training assembly).
Allowances
During AT, but not during IDT, reservists may be eligible for a housing allow ance known as Basic
Allowance for Housing-Reserve Component/Transit (BAH-RC/T), which is generally lower than
the normal Basic Allowance for Housing (BAH), and for a subsistence allowance known as Basic
Allowance for Subsistence (BAS). Reserve officers are also entitled to a $400 clothing allowance
at the beginning of their reserve service to assist them in purchasing necessary uniform items.
Furthermore, if they are called to active duty for more than 90 days, they are usually entitled to an
additional $200 clothing allowance. Reserve enlisted personnel are typically issued all of their
uniforms, shoes, boots, and insignia and therefore do not receive any clothing allowance;
40 Members of the Selected Reserve receive the most generous package of pay and benefits, although Retired
Reservists—whose retirement pay and benefits are deferred compensation for at least twenty years of active and/or
reserve service—may receive superior benefits in some respects. Members of the Individual Ready Reserve and the
Standby Reserve are generally not paid and are eligible for only a few ben efits.
41 See questions 11-12.
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however, they may be eligible for a clothing allowance if required uniform items are not provided
to them. 42
Medical Care
Until 2004, non-activated reservists had only limited access to TRICARE, the military health care
system. Specifically, they were entitled to treatment at a military medical facility for illnesses or
injuries incurred or aggravated during IDT or AT, while traveling directly to or from their IDT or
AT duty station, or while remaining overnight between successive periods of inactive duty
training. 43 Family members of reservists have generally not been eligible for military medical
care during either IDT or AT, but became eligible if the reservist was ordered to active duty for
more than 30 days. All of these provisions are still in effect today, but the 108 th and 109th
Congresses passed several provisions that provide premium-based access to TRICARE for nonactivated reservists and their families. These provisions are discussed in more detail later in this
report (see “13. How Has Congress Changed Pay and Benefits for Reserve Component Personnel
Since the September 11 Attacks?”). 44
Dental Care
Members of the Selected Reserve and Individual Ready Reserve are eligible to enroll in a dental
plan known as the TRICARE Dental Program (TDP), provided they have at least 12 months of
service remaining. 45 The annual premium for the program is about $140 for a member of the
Selected Reserve, and about $349 for members of the Individual Ready Reserve. Members of the
Selected Reserve and Individual Ready Reserve may also enroll their families in the TDP, but
doing so increases the annual premium by about $909 per year. 46 In return, TDP provides up to
$1,500 of coverage per year, per beneficiary, toward basic dental care procedures including
diagnostic, endodontic, preventive, restorative services, and oral surgery. There is also a benefit
for orthodontic services, which has a lifetime cap of $1,750 per beneficiary. 47
Life Insurance
Members of the Selected Reserve are eligible to purchase up to $400,000 of life insurance under
the Servicemembers’ Group Life Insurance (SGLI) program. 48 The major benefits of this program
are its relatively low cost and its guarantee of payment even if death occurs due to combat
(something private insurers do not always provide). Reservists who participate in SGLI can also
purchase up to $100,000 of life insurance for their spouses, and receive $10,000 of life insurance
coverage per child at no cost. 49
42 For clothing allowances, see Department of Defense Financial Management Regulation, Volume 7A, Chapters 29
and 30, http://comptroller.defense.gov/Portals/45/documents/fmr/Volume_07a.pdf.
43 10 U.S.C. §1074a.
44 For more on medical care see CRS Report R45399, Military Medical Care: Frequently Asked Questions, by Bryce
H. P. Mendez.
45
10 U.S.C. §1076a.
46 See https://www.tricare.mil/Costs/DentalCosts/T DP/Premiums.
47 See https://www.tricare.mil/Costs/DentalCosts/T DP/Maximums. See also T ricare Dental Program Handbook at
https://www.tricare.mil/-/media/Files/T RICARE/Publications/Handbooks/T DP_HB.pdf.
48 See https://www.va.gov/life-insurance/options-eligibility/sgli/.
49 See https://www.va.gov/life-insurance/options-eligibility/fsgli/.
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Commissary and Exchange Privileges
Members of the Selected Reserve and their family members have unlimited access to the
commissary, a system of subsidized military grocery stores. 50 Members of the Selected Reserve
and their family members also have unlimited access to the military exchange system, a system of
military department stores.
Retirement
Reservists become eligible for retirement after 20 years of qualifying service. A year of qualifying
service is defined as a year in which a reservist has earned at least 50 retirement points. Reservists
earn 15 retirement points per year simply for being a member of the Ready Reserve, one point for
each unit training assembly (UTA), one point for each day of annual training (AT), and one point
for each day of active duty. Points can also be earned for completing certain military
correspondence or distance learning courses and for performing funeral honors duty. Earning 50
points in a given year is usually not difficult for members of the Selected Reserve; attending all
weekend drills and two weeks of annual training generates 77 retirement points. 51 Point totals are
also important because they are used to calculate retired pay (see below). Excluding points earned
while in an active duty status (which includes annual training), reservists may not earn more than
130 points per year. 52 Additionally, including points earned while in an active duty status,
reservists may not earn more than 365 points in a year (366 in a leap year). 53
After completing 20 years of qualifying service, a reservist may apply for retirement. Upon
retirement, but before reaching the retired pay eligibility age, a reservist is entitled to a limited
number of benefits, including unlimited use of the military exchange, commissary system, and
other military facilities, and space available travel on military aircraft within the United States
and its territories. Upon reaching the retired pay eligibility age—which can range between 50 and
60 depending on how many days of certain types of duty the reservist performed during their
career54 —the retired reservist is eligible to receive retired pay. At age 60, the retired reservist is
entitled to benefits identical to those of active duty retirees, including space-available travel on
military aircraft throughout the world and access to military health care benefits.
Retired pay is calculated by totaling all the points earned during all the years of service, then
dividing this sum by 360. This calculation produces the number of equivalent years of active duty
50 Unlimited access to the commissary for members of the Selected Reserve and their family members was included in
the FY2004 National Defense Authorization Act (P.L. 108-136, Section 651). Prior to that, members of the Selected
Reserve and their family members were limited to 24 visits per year.
51 Fifteen points for reserve membership, 48 points for attending 48 unit training assemblies during weekend drill, and
14 points for attending a two-week long Annual T raining.
52 T he annual point cap has changed over time. Excluding points earned while in an active duty status, a reservist could
not earn more than: 60 in any one year of service before the year of service that includes September 23, 1996; 75 in the
year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that
includes October 30, 2000; 90 in the year of service that includes October 30, 2000, and in any subsequent year of
service before the year of service that includes October 30, 2007; and 130 in the year of service that includes October
30, 2007, and subsequent years. See 10 U.S.C. 12733. T he increase to 130 point s per year was included in Section 648
of the National Defense Authorization Act for FY2008.
53 See Department of Defense Instruction 1215.07, Service Credit for Non -Regular Retirement, Change 1, Effective
May 17, 2021, p. 15, at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/121507p.pdf .
54 T he possibility of receiving retired pay as early as age 50 is based on Section 647 of the National Defense
Authorization Act for FY2008. Previously, reservists became eligible for retired pay at age 60. See question 13 for
more information.
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service the reservist has performed. The number of equivalent years is then multiplied by 2.5% or
2.0% (depending on the date of entry to military service) to determine the retirement benefit
multiplier. 55 This multiplier is then applied to an amount based on the monthly base pay earned
by an active duty servicemember with similar rank and years of service. 56
For example, a reservist who accrues 2,500 points over the course of 20 qualifying years would
be deemed to have completed the equivalent of 6.94 years of active service (2,500 divided by
360). This figure, when multiplied by 2.5%, produces a multiplier of 17.3%. Assuming that the
basic pay for an active duty servicemember with similar rank and longevity was $5,000 per
month, the reservist would be entitled to retired pay in the amount of $865 per month (17.3% of
$5,000).
9. How Are Reservists Called to Active Duty by the
Federal Government?
At present, there are four major statutory provisions by which reservists can be involuntarily
ordered to active duty by the federal government for an extended period of time, another
provision specifically for involuntarily activating members of the federal reserve components for
short periods of time to respond to disasters or emergencies, and a provision for the recall of
retired reservists. 57 (For a discussion of additional ways in which members of the National Guard
can be called up in a nonfederal status, see question 11.) These provisions differ from each other
in terms of the statutory requirements for utilization, the number and category of reservists called
up, and the duration of the call-up. Three of the five authorities are decades old and are
commonly referred to as Full Mobilization, Partial Mobilization, and Presidential Reserve Call-up
(PRC). The other two authorities, added in 2011, are titled in law as “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” and “Selected Reserve: order to active duty for
preplanned missions in support of the combatant commands.” For brevity, they will be referred to
in this report as “Reserve Emergency Call-up” and “Reserve Preplanned Call-up,” following the
terminology used by DOD. 58 Each of these authorities is detailed below.
55 T he National Defense Authorization Act for FY2016 (P.L. 114-92) established a new “blended” retirement system
for those entering the service on or after January 1, 2018. Under the new system, the multiplier for this benefit is
reduced from 2.5% to 2.0%, but the government makes contributions to a servicemember's T hrift Savings Plan.
Servicemembers who joined prior to January 1, 2018, are grandfathered into the current system which has a 2.5%
multiplier, although t hose with less than 12 years of service may opt into the blended system. For more information on
military retirement, see CRS Report RL34751, Military Retirement: Background and Recent Developments, by Kristy
N. Kamarck.
56 For reservists who entered the military before September 8, 1980, t he amount is the same as the base pay rate of an
active duty servicemember with the same rank and years of service. For reservists who entered military service on or
after that date, the amount is the average of the highest 36 months of basic pay he or she would have been entitled to on
active duty.
57 T here is also a statutory provision, 10 U.S.C. §12301(b), that allows the Secretary of a military department to
involuntarily order reservists to active duty “for not more than 15 days per year.” T his authority is generally used for
reservists’ annual training.
58 DOD Instruction 1235.12, “Accessing the Reserve Component (RC),” June 7, 2016, incorporating change 1,
effective February 28, 2017, p. 16, available at
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/123512p.pdf?ver=2019 -02-26-152340-327.
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Full Mobilization
In time of war or national emergency declared by Congress, or when otherwise authorized by law,
Section 12301(a) of Title 10 U.S.C. permits the Service Secretaries 59 to authorize the involuntary
activation of any member of the reserve components under his or her jurisdiction. There is no
limit on the number of reservists ordered to active duty under this provision and mobilized
reservists may be kept on active duty for the duration of the war or emergency plus six months.
Partial Mobilization
In time of a national emergency declared by the President, or when otherwise authorized by law,
Section 12302 of Title 10 U.S.C. permits the Service Secretaries 60 to authorize the involuntary
activation of members of the Ready Reserve under his or her jurisdiction for a period not to
exceed 24 consecutive months. Up to one million members of the Ready Reserve may serve on
active duty at any one time under this provision of law. Reservists may be mobilized under this
provision of law without approval from Congress.
President George H.W. Bush invoked this authority to mobilize reservists during the latter part of
the Persian Gulf War (1991) when the PRC authority was no longer sufficient to activate the
number of reservists needed. President George W. Bush invoked this authority in the aftermath of
the September 11, 2001, terrorist attacks. It has been used to mobilize reservists for Operations
Noble Eagle, Enduring Freedom, Iraqi Freedom, New Dawn, Freedom’s Sentinel, and Inherent
Resolve. On March 27, 2020, President Trump invoked this authority for the purpose of ordering
reservists to active duty in support of the nation’s COVID-19 response efforts.61 (The Partial
Mobilization for COVID-19 response is distinct from the activation of National Guard personnel
under Title 32 of the U.S. Code for that purpose. For more information on Title 32 activations, see
“11. Are There Other Ways in Which Members of the National Guard Can Be Activated?” )
59 10 U.S.C. §12301(a) states “In time of war or of national emergency declared by the Congress, or when otherwise
authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected,
order any unit, and any member not assigned to a unit organized to serve as a unit, of a re serve component under the
jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter.
However a member on an inactive status list or in a retired status may not be ordered to active duty under this
subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a
military department, determines that there are not enough qualified Reserves in an active status or in the inactive
National Guard in t he required category who are readily available.” T he “Secretary concerned,” as defined in 10 U.S.C.
§101(a)(9), is the Secretary of the Army with respect to the Army, the Secretary of the Air Force with respect to the Air
Force and Space Force, the Secretary of the Navy with respect to the Navy, Marine Corps, and Coast Guard (when it is
operating as part of the Department of the Navy), and the Secretary of Homeland Security with respect to the Coast
Guard (when it is not operating as part of the Department of the Navy). Although the law assigns authority to mobilize
reservists to “the Secretary concerned,” the President as commander in chief of the armed forces is ultimately
responsible for the decision to order reservists to active duty.
60 10 U.S.C. §12302 states “In time of national emergency declared by the President after January 1, 1953, or when
otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the
persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready
Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.” See footnote
59 for the definition of “Secretary concerned.” Although the law assigns authority to mobilize reservists to “the
Secretary concerned,” the President as commander in chief of the armed forces is ultimately responsible for the
decision to order reservists to active duty.
61 Executive Order 13912, " National Emergency Authority T o Order the Selected Reserve and Certain Members of the
Individual Ready Reserve of the Armed Forces to Active Duty," March 27, 2020, available at
https://www.federalregister.gov/documents/2020/04/01/2020 -06985/national-emergency-authority-to-order-theselected-reserve-and-certain-members-of-the-individual.
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Presidential Reserve Call-up (PRC)
Title 10, Section 12304 of the United States Code permits the President to authorize the
involuntary activation of members of the Selected Reserve and the Individual Ready Reserve for
a period up to 365 consecutive days. 62 Under this authority, up to 200,000 members of the
Selected Reserve and the Individual Ready Reserve mobilization category—a sub-component of
the Individual Ready Reserve that is currently not being used63 —may serve on active duty at one
time. The President may activate reservists under this provision of law without approval from
Congress; however, he is required to notify Congress within 24 hours of such an action. This
authority was used to mobilize reservists during:
the early part of the Persian Gulf War (1990-1991),
the intervention in Haiti (1994-1996),
the Bosnian peacekeeping mission (1995-2004),
the low-intensity conflict with Iraq (1998-2003), 64
the early years of the Kosovo conflict and peacekeeping mission (1999-present),
the Ebola outbreak in West Africa (2014). 65
the Enhanced Department of Defense Counternarcotic Operation in the Western
Hemisphere (2020). 66
Those activated under this authority may not be used to enforce federal authority or to suppress
insurrection; nor may they be used to provide assistance to the federal government or the states
for disaster response, unless responding to an emergency involving the use or threatened use of
weapons of mass destruction or an actual or threatened terrorist attack of significant
proportions. 67
62
Section 522 of P.L. 109-364, the John Warner National Defense Authorization Act for FY2007, expanded this callup period from 270 to 365 days.
63 T he law specifies that the only members of the Individual Ready Reserve who may be activated under a PRC are
those individuals who belong to “the Individual Ready Reserve mobilization category an d designated as essential under
regulations prescribed by the Secretary concerned.” Further, 10 U.S.C. §10144(b) specifies that individuals may not be
placed in this mobilization category unless “(A) the member volunteers for that category; and (B) the mem ber is
selected for that category by the Secretary concerned, based upon the needs of the service and the grade and military
skills of that member.” DOD has not made it a priority to fill this mobilization category and currently there are no
members assigned to it. T hus, the PRC authority is effectively limited to members of the Selected Reserve at present. If
this mobilization category were to be manned and used, the law limits the total number of IRR mobilization category
members on active duty at one time to 30,000.
64 See footnote 31.
Executive Order 13689, “Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the
Armed Forces to Active Duty,” October 23, 2014, available at https://www.federalregister.gov/d/2014-25292.
66 See https://www.federalregister.gov/documents/2020/05/04/2020 -09645/ordering-the-selected-reserve-of-the-armedforces-to-active-duty.
65
67 10 U.S.C. §12304(b) and (c). T he authority to use those activated under a PRC for domestic response missions was
expanded by Section 1076(c) of the John Warner National Defense Authorization Act for FY2007 ( P.L. 109-364);
however, this provision was repealed by Section 1068(c) of the National Defense Authorization Act for FY2008 ( P.L.
110-181).
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Reserve Emergency Call-up
The National Defense Authorization Act for Fiscal Year 2012 contained a provision, codified at
10 U.S.C. §12304a, allows the Secretary of Defense to involuntarily order units and individuals
of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty
for up to 120 days “when a governor requests federal assistance in responding to a major disaster
or emergency.”68 National Guard forces are not included in this authority; state and territorial
governors already have the ability to activate their National Guard forces and to request support
from other state and territorial National Guards under the Emergency Management Assistance
Compact. 69 The Coast Guard Reserve has a separate short-term, disaster response activation
authority in 14 U.S.C. §3713. 70
The enacted provision also specified that when the federal armed forces and the National Guard
are employed simultaneously in support of civil authorities within the United States, a dual status
commander should be appointed. 71 A dual status commander is a military officer who
simultaneously serves as a state National Guard officer under the control of his or her governor,
and as a federal military officer under the control of the President. 72 A dual status commander is
thus able to command non-federalized National Guard forces and federal forces via these separate
chains of command. The language of this provision also specifies that “when a major disaster or
emergency occurs in any area subject to the laws of any State, Territory, or the District of
Columbia, the Governor of the State affected normally should be the principal authority
supported by the primary Federal agency and its supporting Federal entities, and the Adjutant
General of the State or his or her subordinate designee normally should be the principal military
authority supported by the dual-status commander when acting in his or her State capacity.”73
This authority was used to activate a small number of Navy Reservists to provide support to
COVID-19 response efforts. 74 However, the broader Partial Mobilization Authority was used to
activate reservists for COVID-19 response after then-President Trump authorized its use on
March 27, 2020. 75
Reserve Preplanned Call-up
A separate provision in the National Defense Authorization Act for Fiscal Year 2012, codified at
10 U.S.C. §12304b, allows involuntary activations of Selected Reserve units for up to 365
consecutive days of active duty in support of a combatant command. 76 No more than 60,000
members of the National Guard and Reserves may be serving on active duty under this authority
68 P.L. 112-81, Section 515. T he language does not limit the activations only to the Selected Reserve, so it is possible
that members of the Individual Ready Reserve may be activ ated under this authority.
69 P.L. 104-321. See also https://www.emacweb.org/.
70 T his provision was formerly 14 U.S.C. §712; it was renumbered as §3713 by P.L. 115-282.
71 P.L. 112-81, Section 515(c), codified at 32 U.S.C. § 317 note.
72 See 32 U.S.C. §§315 and 325.
73
P.L. 112-81, §515(c); codified at 37 U.S.C. §317 note.
74 Department of Defense, “Guard and Reserve COVID-19 Activation Response,” August 24, 2021, produced by the
Defense Manpower Data Center.
75
Executive Order, "EO to Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the
Armed Forces to Active Duty," March 27, 2020, available at https://www.whitehouse.gov/presidential-actions/eoorder-selected-reserve-certain-members-individual-ready-reserve-armed-forces-active-duty/.
76 P.L. 112-81, §516.
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at any given time. The authority to activate reservists under this provision rests with the Service
Secretary, but it may only be invoked for a “preplanned mission in support of a combatant
command” where the costs of the activations and a description of the mission are included in the
service’s budget materials. According to the committee report that accompanied the Senate
version of the bill, this new authority “is not designed for use for emergent operational or
humanitarian missions, but rather to enhance the use of reserve component units that organize,
train, and plan to support operational mission requirements to the same standards as active
component units under service force generation plans in a cyclic, periodic, and predictable
manner.”77 This provision is codified at 10 U.S.C. §12304b. The Services currently use this
authority for a number of missions, including counter-terrorism partnerships in U.S. Africa
Command, air defense in U.S. Northern Command, support to counter-narcotics operations in
U.S. Southern Command, and inter-theater and intra-theater airlift for U.S. Central Command. 78
Recall of Retired Reservists
Members of the Retired Reserve can be involuntarily ordered to active duty in the case of a Full
Mobilization (see “Full Mobilization,” above). Under this authority, there is no limit on the
number of retired reservists who can be called to active duty, and they may be kept on active duty
for the duration of the war or emergency plus six months. Additionally, the Secretary of each
military department has the authority to involuntarily order certain members of the Retired
Reserve to active duty at any time, but this authority only applies to members of the Retired
Reserve who have a regular retirement (at least 20 years of active duty). 79 There is a limit on the
amount of time recalled retirees can serve, and a limit on the number of officers recalled, but
these limits do not apply in times of war or national emergency declared by Congress or the
President. 80
10. What Type of Pay, Benefits, and Legal
Protections Are Provided to Reservists Mobilized
for Operations Enduring Freedom and Inherent
Resolve?
All reservists serving in Operations Enduring Freedom and Inherent Resolve are serving in a
federal status in support of a contingency operation. 81 As such, they are entitled to pay, benefits,
and legal protections that are nearly identical to those provided to active duty servicemembers.
77 S.Rept. 112-26, p. 110.
78 See Department of the Army, Fiscal Year 2022 Budget Estimates, Military Personnel, Army, Justification Book, May
2021, p. 8-9,
https://www.asafm.army.mil/Portals/72/Documents/BudgetMaterial/2022/Base%20Budget/Military%20Personnel/MP
A_VOL_1_FY_2022_PB.pdf and Department of the Air Force, Fiscal Year 2022 Budget Estimates, Military
Personnel Appropriation, May 2021, p. 21-22,
https://www.saffm.hq.af.mil/Portals/84/documents/FY22/MILPER_/20210525%20%20USAF%20FY%202022PB%20
JBook%20(Main).pdf?ver=dHx2AXmuwkcdVDnCXPccYA%3d%3d.
79 10 U.S.C. §688(b)(2).
80
10 U.S.C. §§688 & 690.
81 As were all reservists who served in Enduring Freedom (OEF), Freedom’s Sentinel (OFS), Iraqi Freedom (OIF),
New Dawn (OND), and Inherent Resolve (OIR) in the past.
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Specifically, they are entitled to basic pay at the same rate as active duty and, if qualified, may
receive special and incentive pays including Hazardous Duty Pay, Aviation Career Incentive Pay,
Hostile Fire/Imminent Danger Pay, and special pays for health professionals. They are also
entitled to a variety of allowances that are not taxable, including Basic Allowance for Housing
(BAH), Basic Allowance for Subsistence (BAS), and, if separated from their families, a Family
Separation Allowance (FSA). Medical and dental coverage for these reservists and their family
members is nearly identical to that provided to active duty servicemembers, provided the orders
are for more than 30 days. 82 Leave is accrued in the same manner as for active duty personnel.
They may use legal assistance, child care centers, space available travel, and morale, welfare, and
recreation (MWR) services. 83 Finally, they are protected by the Uniformed Services Employment
and Reemployment Rights Act (USERRA), the Servicemembers’ Civil Relief Act (SCRA), and
the Military Lending Act (MLA). 84
11. Are There Other Ways in Which Members of the
National Guard Can Be Activated?
Yes. Because the National Guard is, uniquely, both a state and federal organization (see question
5), its members can be called to active duty either in an exclusively federal status, in an
exclusively state status, or under state control with federal pay and benefits.
As members of the Reserve Component, National Guardsmen can be called to federal active duty
in the same way as other reservists (see question 9). When this happens, control passes from the
governor of the affected units and personnel to the President of the United States. When in federal
service, Guard units and personnel typically perform military training or participate in military
operations and they are entitled to the same pay, benefits, and legal protections as other reservists
in federal service. 85
As members of the militia of their state or territory, National Guard personnel may also be called
up by their governor for full-time duty. When employed in this capacity, referred to as state active
duty, National Guardsmen are state or territorial employees, not federal employees, and their pay
and benefits are determined by state or territorial law. They are not eligible for protection under
the Servicemembers’ Civil Relief Act although they may be protected by analogous laws enacted
at the state level. Under certain circumstances, they are eligible for protection under the
Uniformed Services Employment and Reemployment Rights Act (see question 12). Typical
missions performed under state active duty include responding to disasters and civil disorders.
82 T hose servicemembers with orders for 30 days or less would be eligible for any illness or injury incurred in the line
of duty. However, their families would not be eligible for T RICARE benefits unless they were enrolled in the
T RICARE Reserve Select program (see “ 13. How Has Congress Changed Pay and Benefits for Reserve Component
Personnel Since the September 11 Attacks?”).
83 As the families of activated reservists often do not live near the military bases where these services are provided,
taking advantage of these services may be difficult. Additionally, waiting lists can limit access to child care services.
For more on military child care services, see CRS Report R45288, Military Child Development Program: Background
and Issues, by Kristy N. Kamarck.
84 For more information on USERRA, SCRA, and the MLA see “ 12. What T ype of Legal Protections Do Reservists
Have When T hey Are Serving on Active Duty? What Reemployment Rights Do Reservists Have after Being Released
from Active Duty?”
85 When they are ordered to federal active duty for more than 30 days, reservists receive benef its nearly identical to
servicemembers on active duty. When ordered to active duty for a period of 30 days or less, they receive most, but not
all, of the benefits that active duty personnel receive. (See questions 8 and 10 for mo re information on these topics.)
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Additionally, shortly after September 11, 2001, some governors called up members of the
National Guard to protect critical infrastructure in their states, such as nuclear power plants, water
treatment facilities, and bridges, from potential terrorist attacks. Similarly, some governors called
members of the National Guard to state active duty to assist with initial COVID-19 response
efforts in 2020. 86
A third form of duty for National Guard personnel involves duty under state control but with pay
and benefits provided by the federal government. This is sometimes referred to as Title 32 status
in reference to the part of the U.S. Code that governs this duty status. Typical duties performed in
this status include inactive duty for training (IDT or weekend drill), annual training (AT) within
the United States, and Full-Time National Guard Duty (FTNGD). Full Time National Guard Duty
…means training or other duty, other than inactive duty, performed by a member of the
Army National Guard of the United States or the Air National Guard of the United States
in the member’s status as a member of the National Guard of a State or territory, the
Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503,
504, or 505 of [Title 32] for which the member is entitled to pay from the United States or
for which the member has waived pay from the United States.87
A frequently used authority for FTNGD is 32 U.S.C. §502(f). This provision of law provides that
“a member of the National Guard may ... without his consent, but with the pay and allowances
provided by law ... be ordered to perform training or other duty in addition to that prescribed
under subsection (a) [i.e., IDT or AT].”88 Most National Guard AGRs serve under this authority. It
has also been used to provide federal pay and benefits to the Guardsmen for a variety of missions,
including:
to provide security airports in the aftermath of the terrorist attacks of September
11, 2001,
to assist with the response to Hurricanes Katrina and Rita in 2005,
to support intermittent southwest border security missions (2006-2008, 20102016, and 2018-2020), 89
to support COVID-19 response efforts across the country (2020-2021), and
to respond to civil disturbances in Washington, D.C. (2020-2021).
86 See for example, Colonel Richard Goldenberg, "NY National Guard COVID-19 response force grows to 2,850,"
April 3, 2020, at https://www.army.mil/article/234244/ny_national_guard_covid_19_response_force_grows_to_2850
and T amera R. Dabney, “Connecticut Guardsmen go on State Active Duty, respond to COVID-19,” April 1, 2020, at
https://www.103aw.ang.af.mil/News/Article-Display/Article/2134044/connecticut -guardsmen-go-on-state-active-dutyrespond-to-covid-19/.
87
32 USC §101(19).
32 U.S.C. §502(f)(1). T he training or duty ordered to be performed under this provision of law may include the
following: “(A) Support of operations or missions undertaken by the member’s unit at the request of the President or
Secretary of Defense. f32 U.S.C. §502(f)(2).
88
89
T hese border security missions were named Operation Jump Start (2006 -2008), Operation Phalanx (2010-2016), and
Operation Guardian Support (2018-2020). In late 2020, all National Guard personnel supporting the border security
mission were transitioned to active duty under the authority of 10 U.S.C. §12302. See National Guard Association of
the United States, Guard Border Mission Extended Through Fiscal 2021, June 30, 2020, available at
https://www.ngaus.org/about -ngaus/newsroom/guard- border-mission-extended-through-fiscal-2021.
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National Guard personnel performing FTNGD receive federal pay and benefits, and are entitled
to certain legal protections 90 as though they were in federal service, but they otherwise operate in
a manner similar to state duty.
12. What Type of Legal Protections Do Reservists
Have When They Are Serving on Active Duty? What
Reemployment Rights Do Reservists Have after
Being Released from Active Duty?
When they are called into active federal service, reservists become eligible for a broad array of
legal protections including the Servicemembers Civil Relief Act (SCRA), the Uniformed Services
Employment and Reemployment Rights Act (USERRA) of 1994, and the Military Lending Act
(MLA). The SCRA amended and renamed the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) of
1940. 91 Among other things, the SCRA provides most people called to active duty with certain
protections against rental property evictions, mortgage foreclosures, insurance cancellations, and
government property seizures to pay tax bills. It also limits to 6% the interest rate that the
activated servicemember has to pay on loans incurred prior to activation. 92 (Note, however, that
National Guardsmen who are serving in a state status are not covered by the SCRA. National
Guardsmen performing full-time National Guard duty under Title 32 of the U.S. Code are covered
by the SCRA in certain circumstances.)93 For a more complete description of the legal protections
provided to activated reservists by the SCRA, see CRS Report R45283, The Servicemembers
Civil Relief Act (SCRA): Section-by-Section Summary, by Jennifer K. Elsea.
Reservists’ employment and reemployment rights are covered under USERRA. 94 USERRA
prohibits employers from discriminating against reservists—including National Guard personnel
performing full-time National Guard duty under Title 32 of the U.S. Code and, in certain
circumstances, those performing state active duty 95 (see “11. Are There Other Ways in Which
90 Specifically, they are entitled to protection under the Uniformed Services Employment and Reemp loyment Rights
Act (USERRA), but are only covered under the Servicemembers’ Civil Relief Act (SCRA) if performing “service
under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30
consecutive days under Section 502(f) of T itle 32, United States Code, for purposes of responding to a national
emergency declared by the President and supported by Federal funds” (P.L. 108-189, Section 101(2)(A)(ii), codified at
50 U.S.C. §3911). T hose not covered by the SCRA may, however, receive civil liability protection from state or
territorial laws.
91 50 U.S.C. §3901 et. seq.
92 T he 6% interest rate cap did not apply to student loans until 2008, when “ the Higher Education Opportunity Act
amended Section 428(d) explicitly to permit application of the SCRA interest rate cap to federally guaranteed student
loans. As of August 14, 2008, federally guaranteed student loans are treated like all other debts incurred prior to
entering active duty. Loans disbursed prior to enactment of the amendment are not covered and therefore are not
subject to the 6% interest rate limitation. Additionally, servicemembers currently on active duty who received student
loans prior to entering active duty will not be able to claim the 6% cap, but may be entitled to defer repayment or
pursue benefits under other laws.” CRS Report R45283, The Servicemembers Civil Relief Act (SCRA): Section-bySection Summary, by Jennifer K. Elsea.
93 See footnote 90. See questions 5 and 11 for more information on nonfederal status for National Guardsmen.
94 38 U.S.C. Chapter 43. USERRA provides reemployment rights not only to reservists, but also those who choose to
serve in the active component military for up to five years, or longer if required “to complete an initial period of
obligated service.” 38 U.S.C. §4312(c).
95 Prior to January 5, 2021, those on state active duty were not covered by USERRA. P.L. 116-315 amended
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Members of the National Guard Can Be Activated?”)—with respect to hiring, retention,
promotion, or other benefits and it requires employers to give these individuals time off for
military service, regardless of whether the service is voluntary or involuntary. 96 This time off is
treated as a furlough or leave of absence97 and the reservist may not be required to use vacation
leave, annual leave, or similar leave. 98 Upon completion of such military service, USERRA
generally gives the reservist a right to reemployment. 99
Although there are some exceptions, a reservist is usually entitled to be promptly reemployed by
his or her civilian employer and, depending on certain factors, to be reinstated to either (1) the job
that the reservist would have held if the reservist’s employment had not been interrupted by
military service, (2) the job that the reservist actually held at the time military service began, or
(3) a job comparable to the one the reservist held at the time military service began. A comparable
job is one of similar pay, status, and seniority that the reservist is qualified to perform. 100
Upon reinstatement, the reservist is entitled not only to the seniority and seniority-based benefits
he or she held at the time military service began but also to any additional seniority and senioritybased benefits that the reservist would have earned if he or she had remained continuously
employed. 101 For example, consider a reservist who has nine years of seniority with his or her
civilian employer and leaves to perform two years of military service. Upon returning to work at
the end of that two-year period, the reservist will be considered to have 11 years of seniority with
the civilian employer and all concomitant rights and benefits. USERRA also provides protection
to reservists with respect to job retraining, employer-provided health care plans, and employer
provided pension plans. 102
Reservists are obligated to notify their employers as soon as possible about upcoming military
service. They also have an obligation to report to work, or to notify their employers that they
intend to report to work, within a relatively short time after being released from active duty.
Failure to meet these obligations may effectively nullify a reservist’s right to reemployment. 103
Reservists who believe their civilian employer has violated their rights under USERRA have
several options. The first is to contact their commanding officer, who may be able to resolve the
USERRA’s definition of “service in the uniformed services” (38 U.S.C. §4303) to include “State active duty for a
period of 14 days or more, State active duty in response to a national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.), [and] State active duty in response to a major disaster declared by
the President under section 401 of the Robert T . Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170).” State active duty was defined as:
“...training or other duty, other than inactive duty, performed by a member of the Nat ional Guard of a State—
(A) not under section 502 of title 32 [32 USCS § 502] or under title 10;
(B) in service to the Governor of a State; and
(C) for which the member is not entitled to pay from the Federal Government.”
96
38 U.S.C. §4311(a) and §4316 (b)(1)(A)..
97 38 U.S.C. §4316 (b)(1)(A).
98 38 U.S.C. §4316(d). Reservists may choose to use their vacation leave, annual leave, or similar leave while they are
performing military service. Some reservists choose to do this so that they can continue to receive pay from their
civilian employer while away on military duty.
99 38 U.S.C. §4312.
100
38 U.S.C. §4313.
101 38 U.S.C. §4316.
102 38 U.S.C. §§4313, 4317, 4318.
103 38 U.S.C. §4312 (e).
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issue with the employer. Alternatively, reservists may contact the National Committee for
Employer Support of the Guard and Reserve (NCESGR), a Department of Defense organization
that will contact the employer and attempt to resolve the problem informally. A complaint can
also be made to the Veterans’ Employment and Training Service (VETS) of the Department of
Labor. VETS has the power to investigate complaints and attempt to resolve them through
negotiation or mediation. If that fails, the servicemember may request that VETS refer the case to
the Department of Justice (for those who are not federal employees) or to the Office of Special
Counsel (for federal employees). “If the Attorney General is reasonably satisfied that the service
member is entitled to relief, the Attorney General may exercise DOJ’s prosecutorial authority and
commence an action in Federal court on behalf of the service member.”104 The Office of Special
Counsel reviews cases of federal employees in a similar manner and may represent the
servicemember before the Merit Systems Protection Board (MSPB). 105 Additionally,
servicemembers have the option of hiring a private attorney to pursue a claim in court or before
the MSPB. 106
The MLA was enacted with the National Defense Authorization Act for Fiscal Year 2007 and
amended by the National Defense Authorization Act for Fiscal Year 2013. The impetus for the
law was perception of a need to protect servicemembers from certain “predatory” lending
practices as identified in a congressionally mandated DOD study. 107 The MLA prescribes
limitations on terms for consumer credit extended to covered servicemembers and dependents,
including a Military Annual Percentage Rate (MAPR) limit of 36% on certain credit products.
Creditors must provide specific disclosures about loan rates and certain lending practices are
banned.
13. How Has Congress Changed Pay and Benefits
for Reserve Component Personnel Since the
September 11 Attacks?
Congress has made many changes in Reserve Component pay and benefits since the September
11, 2001, attacks. Selected changes discussed below are (1) establishing a premium-based
TRICARE benefit for non-activated reservists, (2) creating new educational benefits for reservists
who have been mobilized since September 11, 2001, (3) providing additional compensation for
certain reservists who experience a reduction in income when activated, and (4) reducing below
60 the age at which certain reservists can draw retired pay. Each of these changes is discussed
below.
Department of Labor, Office of the Assistant Secretary for Veterans’ Employment and T raining, Uniformed
Services Employment and Reemployment Rights Act of 1994 , Fiscal Year 2019 Annual Report to Congress, July 2018,
p. 8, at https://www.dol.gov/vets/programs/userra/USERRA_Annual_FY2019.pdf . T his report contains a useful
summary of USERRA enforcement processes on pages 6 -9.
104
Federal employees of the following agencies follow a different process: “the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the
National Security Agency, and...as determined by the President, any Executive agen cy or unit thereof the principal
function of which is the conduct of foreign intelligence or counterintelligence activities” (5 U.S.C. §2302(a)(2)(C)(ii)).
See 38 U.S.C. §4315.
105
106
38 U.S.C. §§4323(a)(3) and 4324(b).
107 Department of Defense, Report On Predatory Lending Practices Directed at Members of the Armed Forces and
Their Dependents, August 9, 2006.
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Premium-Based Access to TRICARE for Non-activated Reservists
and their Families
When ordered to federal active duty for more than 30 days, members of the National Guard and
Reserves are entitled to receive medical benefits under TRICARE (the military’s health care
system) for themselves and their family members. Prior to 2004, non-activated reservists had
limited access to TRICARE for themselves and no access for their families. This began to change
in the 108th and 109th Congresses, both of which passed provisions expanding access to
TRICARE for non-activated reservists and their families.
In 2004, Congress authorized the TRICARE Reserve Select (TRS) program for Reserve
Component members. 108 After several modifications the current program permits most members
of the Selected Reserve who are not on active duty to obtain coverage similar to that of
TRICARE Standard and TRICARE Extra by paying a premium of 28% of the total cost of their
coverage. 109 The premiums for TRS coverage through December 2021 are $47.20 per month for
an individual reservist and $238.99 per month for the reservist and his family members. 110
Educational Benefit for Activated Reservists
Both the 108th and 110th Congresses passed legislation that provides enhanced GI Bill-type
educational benefits for reservists who have served in support of a contingency operation since
September 11, 2001. Prior to passage of these laws, there were two main educational assistance
programs for military personnel: the Montgomery G.I. Bill-Active Duty111 (MGIB-AD) and the
Montgomery G.I. Bill-Selected Reserve112 (MGIB-SR). 113
Eligibility for the basic MGIB-AD benefit typically requires three years of continuous active duty
service and a deduction totaling $1,200 from the servicemember’s pay. 114 As of October 1, 2021
MGIB-AD provides a basic benefit for full-time study of $2,150 per month, for up to 36
months. 115 Eligibility for the MGIB-SR benefit requires a six-year commitment to serve in the
Selected Reserve, but requires no contributions on the part of the reservist. As of October 1, 2021
MGIB-SR provides a basic benefit for full-time study provided of $407 per month, for up to 36
months. 116 Although the MGIB-SR program requires no contribution (as the MGIB-AD program
108 Ronald W. Reagan National Defense Authorization Act for FY2005, P.L. 108-375, Section 701.
109 See 10 U.S.C. §1076d(d)(3)(A), which states “ T he monthly amount of the premium in effect for a month for
T RICARE Reserve Select coverage under this section shall be the amount equal to 28 percent of the total monthly
amount determined on an appropriate actuarial basis as being reasonable for that coverage. ”
110 T RICARE Reserve Select (T RS), https://www.tricare.mil/Costs/HealthPlanCosts/T RS. For more on military health
care see CRS Report R45399, Military Medical Care: Frequently Asked Questions, by Bryce H. P. Mendez.
111 T itle 38, Chapter 30, United States Code.
112 T itle 10, Chapter 1606, United States Code.
113 For more information on these programs, see CRS Report R42785, Veterans’ Educational Assistance Programs and
Benefits: A Primer, by Cassandria Dortch.
114
Certain individuals with remaining entitlement under prior GI Bills were also eligible to transfer to the MGIB-AD.
A reduced benefit amount of up to $1,744 per month—as of October 1, 2021—is also available for certain individuals
who serve at least two years of active duty if the initial obligated period of active duty was less than three years; they
are also required to contribute $1,200 to become eligible for the program. Rate table available here:
https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rates/ch30/ch30rates100121.asp .
115 Rate table available here:
https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rates/ch30/ch30rates100121.asp .
116 Rate table available here:
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does), the monthly benefit under MGIB-SR is about one-fifth of the amount of the MGIB-AD
benefit.
While reservists who served on active duty for at least 24 consecutive months were eligible for a
reduced MGIB-AD benefit (provided they contributed $1,200 like their active duty peers), those
reservists who served less than 24 consecutive months generally remained eligible only for the
MGIB-SR until 2004, when Congress established the Reserve Educational Assistance Program
(REAP). 117 However, several years later Congress approved the Post‐9/11 Veterans Educational
Assistance Act, which provided more generous educational benefits than REAP. The FY2016
National Defense Authorization Act limited REAP to those who were receiving REAP benefits at
that time and added a sunset clause to terminate REAP in 2019.
Post-9/11 Veterans Educational Assistance Act
The Post-9/11 Veterans Educational Assistance Act of 2008, also known as the Post-9/11 GI Bill,
took effect on August 1, 2009. 118 The formula used for calculating benefits under this program
differs from the set rate used by the MGIB-AD, MGIB-SR, and REAP programs. Instead, the
maximum core or base benefit is linked to each individual’s “subsistence, tuition, fees, and other
educational costs” while participating in an approved program of education. 119 In general,
reservists who have been activated since September 11, 2001, will receive a significantly greater
benefit under the Post-9/11 GI Bill than under MGIB-AD or MGIB-SR.
The maximum benefit under this law is provided to (1) individuals who have served at least 36
aggregate months on active duty in the armed forces after September 10, 2001 and who
subsequently continue to serve or who are discharged or released from service under specified
conditions;120 (2) individuals who have served at least 30 continuous days of active duty after
September 10, 2001 and who are discharged or released from active duty for a service-connected
disability; and (3) individuals awarded the Purple Heart for service occurring after September 10,
2001. 121 (The spouse and children of certain deceased servicemembers may also be eligible for
the maximum benefit). 122 For reserve component personnel, the law defines “active duty” as
https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rates/ch1606/Ch1606rates100121.asp .
117 In 2004, Congress established the Reserve Educational Assistance Program (REAP) to provide enhanced
educational benefits to reservists who were called or ordered to active service in response to a war or national
emergency declared by the President or Congress (P.L. 108-375, Ronald W. Reagan National Defense Authorization
Act for FY2005, Section 527, October 28, 2004. Codified at Chapter 1607 of T itle 10 United States Code). Under
REAP, eligible reservists received the following educational benefit for full-time study for up to 36 months: 40% of the
MGIB-AD basic benefit for those serving at least 90 consecutiv e days but less than one consecutive year; 60% of the
MGIB-AD basic benefit for those serving at least one consecutive year but less than two consecutive years; and 80% of
the MGIB-AD basic benefit for those serving at least two consecutive years or three aggregate years.
118
For more information on this program, see CRS Report R42755, The Post-9/11 GI Bill: A Primer, by Cassandria
Dortch.
119 38 U.S.C. §3313(a).
120 T he following types of discharge or release from active duty qualify: (1) honorable discharge from active duty; (2)
release after service on active duty, characterized as honorable, for placement on “the retired list, transfer to the Fleet
Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list”; (3) release from active
duty, characterized as honorable, for further service in a reserve component; and (4) discharge or release from active
duty, characterized as honorable, due to a pre-existing medical condition, hardship, or a physical or mental condition
which interfered with the individual’s performance of duty but which was not characterized as a disability and was not
the result of willful misconduct. 38 U.S.C. §3311(c).
121 T he provision for those awarded the Purple Heart was added by section 102 of P.L. 115-48, Harry W. Colmery
Veterans Educational Assistance Act of 2017, and went into effect on August 1, 2018.
122 If a servicemember, on or after September 11, 2001, dies in the line of duty while serving on active duty as a
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service under nine specific activation authorities of Title 10, two additional types of service by
National Guard personnel under Title 32, and one additional type of service by Coast Guard
reservists. 123
A reduced benefit is available to individuals who have served at least 90 aggregate days, but less
than 36 aggregate months. This reduced benefit is scaled so that those serving longer aggregate
periods of time on active duty receive a higher benefit than those serving shorter aggregate
periods of time. 124
The amount of the core or base educational assistance benefit has three major components. The
first provides a payment to cover “the actual net cost for in-State tuition and fees” for public
institutions of higher learning, and up to $26,042.81 per year for private or foreign institutions as
of August 1, 2021. 125 This amount is reduced by waivers or reductions of tuition and fees, and by
certain types of scholarships and student aid. 126 The second major component provides a monthly
housing stipend equal to the Basic Allowance for Housing that an active duty servicemember in
member of the Armed Forces, dies in the line of duty while serving on duty other than active duty as a member of the
Armed Forces, or dies while a member of the Selected Reserve from a service-connected disability, the dependents
(children and spouse) are eligible for the maximum benefit. 38 U.S.C. §3311(b)(8) -(10).
123
See 38 U.S.C. §3301. T he authorities are: sections 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304,
12304a, or 12340b of T itle 10; two types of National Guard duty performed under 32 U.S.C. 502(f); and section 712 of
T itle 14 [subsequently renumbered as section 3713 of T itle 14 by P.L. 115-282]. As initially passed, the Post -9/11 GI
Bill defined “active duty” for members of the reserve components as “service on active duty under a call or order to
active duty under Section 688, 12301(a), 12301(d), 12301(g), 12302 or 12304 of T itle 10.” T hese are the authorities
most commonly used to activate members of the National Guard and Reserve for overseas military operations, such as
the ongoing operations in Afghanistan, as well as for certain domestic military operations such as Operation Noble
Eagle. However, in addition to these authorities, members of the National Guard frequently serve on duty full -time
under T itle 32. T he two most common circumstances for this type of duty are (1) full-time National Guard duty under
32 U.S.C. §502(f) for service in the Active Guard and Reserve program, and (2) full-time National Guard duty under
32 U.S.C. §502(f) for service in support of domestic emergencies, such as the airport security mission performed
immediately after the September 11, 2001, attacks, the responses to Hurricanes Katrina and Rita, and the southwest
border security mission. T his duty did not count as qualifying service for the purposes of the original Post -9/11 GI Bill,
as it was not included in the law’s definition of “active duty.” However, this was changed in the 111 th Congress. P.L.
111-377, the Post-9/11 Veterans Educational Assistance Improvements Act of 2010, added as qualifying duty both fulltime National Guard duty “for the purpose of organizing, administering, recruiting, instructing, or training the National
Guard” (that is, service in the Active Guard and Reserve program), and service under 32 U.S.C. 502(f) “when
authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by
the President and supported by federal funds.” T he National Defense Authorization Act for FY2013 ( P.L. 112-239,
Section 681(c)) added activation of Coast Guard reservists under 14 U.S.C. §712 [subsequently renumbered as §3713]
as a qualifying type of active duty, while the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( P.L.
115-48) added activation under the new activation authorities enacted in 2012, 10 U.S.C. §12304a and §12304b, and 10
U.S.C. §12301(h), which is used for those on active duty for medical care and disability evaluation . For more
information, see CRS In Focus IF11849, National Guard and Reserve Eligibility for the Post-9/11 GI Bill, by
Cassandria Dortch and Lawrence Kapp.
124 T he proportion of the maximum benefit for service less than 36 months is currently as follows: 90% of the
maximum benefit for those who serve an aggregate of at least 30 months, but less than 36 months, including service in
entry level and skill training; 80% of the maximum benefit for those who serve an aggregate of at least 24 months, but
less than 30 months, including service in entry level and skill training; 70% of the maximum benefit for those who
serve an aggregate of at least 18 months, but less than 24 months, excluding entry level and skill training; 60% of the
maximum benefit for those who serve an aggregate of at least 6 months, but less than 18 months, excluding entry level
and skill training; 50% of the maximum benefit for those who serve an aggregate of at least 90 days, but less than 6
months, excluding entry level and skill training. Note that entry level and skill training is counted for aggregate service
of 24 months or more; it is excluded for aggregate service of less than 24 months. 38 U.S.C. §3311(c).
125
38 U.S.C. §3313(c)(1)(A). Current rates available here:
https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rates/ch33/ch33rates080121.asp .
126 38 U.S.C. §3313(c)(1)(A).
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paygrade E-5, with dependents, would receive if living in the area where the majority of
education or training occurs.127 The third component provides a payment of up to $1,000 per
academic year to cover “books, supplies, equipment and other educational costs.”128
In addition to the core or base educational assistance benefit, the Post-9/11 GI Bill may also
provide a tutorial assistance benefit of up to $100 per month (not to exceed $1,200 total), a onetime relocation and travel assistance payment of $500, a payment of up to $2,000 for each
licensure and certification test, and a payment to cover the cost of a national test to gain
admission to, or course credit at, an institution of higher learning. 129 Other provisions of the bill
allow for enhanced benefits for servicemembers with critical skills or who perform additional
service, and for servicemembers attending schools which have entered into a matching
contribution program known as the Yellow Ribbon G.I. Education Enhancement Program. 130 The
bill allows eligible servicemembers to transfer some or all of their benefits to a spouse and
children. 131 Beginning in FY2019, the VA is authorized to grant up to an additional nine months
of limited entitlement to selected Post-9/11 GI Bill participants under the Edith Nourse Rogers
STEM Scholarship. 132
Financial Losses for Some Mobilized Reservists
The mobilization of reservists in the aftermath of the September 11, 2001, terrorist attacks has
likely been the largest since World War II and is one of the longest ongoing mobilizations ever. 133
Some reservists have experienced financial losses when moving from their civilian jobs to fulltime military status. These losses occur due to differences between the reservists’ military and
civilian pay, expenses incurred by reservists because of mobilization, and the decline in business
experienced by self-employed reservists during and after release from active duty. This has
127
38 U.S.C. §3313(c)(1)(B)(i). Rates for 2021 available at
https://www.defensetravel.dod.mil/Docs/perdiem/browse/Allowances/BAH/PDF/2021/2021 -With-Dependents-BAHRates.pdf. Individuals pursuing their studies more than half-time but less than full-time will have this stipend
proportionally reduced. Individuals pursuing their studies on a half-time basis or less do not qualify for this stipend. See
38 U.S.C. §3313(f). Individuals still on active duty are not eligible for this stipend. See 38 U.S.C. §3313(e). In dividuals
pursuing “a program of education solely through distance learning on more than a half -time basis” are eligible for a
stipend worth half of the amount of the national average of Basic Allowance for Housing. See 38 U.S.C.
§3313(c)(1)(B)(iii). Individuals using their benefit for apprenticeship or on the job training have their stipend calculated
based on the location of the employer. See §3313(g)(3)(B)(i). Individuals using their benefit at a foreign institution
have their stipend calculated based on the national average of Basic Allowance for Housing. See 38 U.S.C.
§3313(c)(1)(B)(ii).
128 38 U.S.C. §3313(c)(1)(B)(iv). Individuals pursuing their studies on a half -time basis or less will have this stipend
proportionally reduced. See 38 U.S.C. §3313(f).
129 38 U.S.C. §§3314, 3318, 3315, and 3315A, respectively . T he payments for tutorial assistance and relocation/travel
assistance are separate entitlements. The payments for licensure/certification and national tests are part of the core or
base entitlement and reduce future eligibility for tuition and fees, housing, and books and supplies benefits.
130 38 U.S.C. §§3316 and 3317, respectively.
131
132
38 U.S.C. §3319.
38 U.S.C. §3320.
133 T he post-9/11 call-up has likely been larger than the Korean War call-up. However, given the lack of clarity on the
methodology used to count activated reservists in the Korean War, especially with respect to how volunteers were
counted, a definitive judgment is not possible at this time. T he mobilization in the aftermath of September 11, 2001,
has been underway for approximately 20 years. T he mobilization in support of the Kosovo mission, though much
smaller in size, began in May 1999 and is still ongoing (22 years). By comparison, the World War II mobilization
lasted from August 1940 to early 1946 (approximately 5 ½ years), while the Korean War mobilization lasted from July
1950 to December 1953 (approximately 3 ½ years).
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generated numerous complaints from mobilized reservists and helped generate congressional
interest in the subject.
Income Replacement for Certain Reserve Component Personnel
The 109th Congress enacted a provision that provides a special payment of up to $3,000 to certain
reservists who experience income loss while involuntarily mobilized. 134 Reservists who have
experienced income loss become eligible for these payments in every full month of active duty
following the month in which they (1) complete 547 consecutive days (18 consecutive months) of
active duty under an involuntary mobilization order; (2) complete 730 days of active duty under
an involuntary mobilization order out of the previous 1,826 days (24 out of 60 months); or (3) are
involuntarily mobilized for a period of 180 days or more within 180 days of a previous period of
involuntary active duty for a period of 180 days or more. The amount of compensation available
under this provision is equal to the reservist’s average monthly civilian income minus total
monthly military compensation. 135 However, payments shall be made only if the differential is at
least $50 per month and may not exceed $3,000 per month. Involuntary orders to full-time
National Guard duty under 32 U.S.C. 502(f)(1) count as qualifying duty for the purposes of this
payment. 136
Differential Pay for Mobilized Federal Employees
The 111th Congress enacted a provision, codified at 5 U.S.C. §5538, to minimize the income loss
of civilian employees of the federal government who are involuntarily 137 ordered to active duty or
134
P.L. 109-163, National Defense Authorization Act for FY2006, Section 614, January 6, 2006, codified at 37 U.S.C.
§910. Payments under this provision may also be made to individuals who meet the definition of extended or frequent
mobilization, as well as those who are retained on active duty for medical purposes because of injury or illness incurred
while assigned to an area for which hostile fire or imminent danger pay (37 U.S.C. §310 or 37 U.S.C. §351(a)(1) or (3))
is authorized. T he statutory language does not define the term “involuntary mobilization,” but the regulations
promulgated by the Department of Defense define it as “an order to duty under T itle 10, United States Code (U.S.C.),
sections 688, 12301(a), 12301(g), 12302, 12304, 12304a, 12304b, or 14 U.S.C. §3713 without the consent of the
member, or is defined as an order to full-time National Guard duty under 10 U.S.C. § 251, 252, 12406 or 32 U.S.C. §
502(f)(1) without the consent of the member.” See Department of Defense Financial Management Regulation (FMR)
7000.14-R, Volume 7A, Chapter 55, paragraph 550201, available at
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07a/07a_55.pdf . See also See also DOD Instruction
1241.05, Reserve Income Replacement Program, May 15, 2018, available at:
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/124105p.pdf?ver=2018-05-15-103536-647.
T he term average monthly civilian income means “ the amount, determined by the Secretary concerned, of the
earned income of the member for either the 12 months preceding the member's mobilization or the 12 mon ths covered
by the member's most recent Federal income tax filing, divided by 12 .” T he term total monthly military compensation
means “ the amount, computed on a monthly basis, of the sum of-- (A) the amount of the regular military compensation
(RMC) of the member; and (B) any amount of special pay or incentive pay and any allowance (other than an allowance
included in regular military compensation) that is paid to the member on a monthly basis. ” Regular military
compensation (RMC) is defined in 37 U.S.C. §101(25) as “the total of the following elements that a member of a
uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic
allowance for housing, basic allowance for subsistence, and Federal tax advan tage accruing to the aforementioned
allowances because they are not subject to Federal income tax.”
135
136 See Department of Defense Financial Management Regulation (FMR) 7000.14 -R, Volume 7A, Chapter 55,
paragraph 550201, available at https://comptroller.defense.gov/Portals/45/documents/fmr/current/07a/07a_55.pdf .
137 T he law originally specified that in order to be eligible for differential pay, the individual must be “absent from a
position of employment with the Federal Government in order to perform active duty in the uniformed services
pursuant to a call or order to active duty under a provision of law referred to in Section 101(a)(13)(B) of T itle 10.” T he
provisions of law referred to in Section 101(a)(13)(B) of T itle 10 are: Sections 688, 12301(a), 12302, 12304, 12304a,
12305, and 12406 of T itle 10; Chapter 13 of T itle 10; and section 3713 of T itle 14. T hese are all involuntary activation
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involuntarily retained on active duty. 138 It does so by providing differential pay—a payment equal
to the amount by which a reservist’s military pay and allowances are lower than his or her civilian
basic pay. Specific eligibility criteria and the method for calculating the amount of differential
pay are outlined in a memorandum issued by the Office of Personnel Management. 139 This
provision only applies to federal government employees, but it is not limited to cases of extended
or frequent activations like the Income Replacement provision discussed in the previous
paragraph; entitlement begins immediately following involuntary activation. Full-time National
Guard duty under Title 32 does not count as qualifying duty for the purposes of this payment.
Reducing the Age at Which Certain Reservists Can Draw
Retired Pay
After completing 20 years of qualifying service, a reservist may apply for retirement. Once
retired, the reservist is entitled to receive certain benefits immediately; however, until 2008 he or
she was not entitled to receive retired pay until the age of 60. In light of the heavy use of the
Reserve Component in recent years, a number of legislative proposals were introduced in the
108th and 109th Congresses to lower the age at which reservists receive retired pay and military
retiree health care benefits. During the 110 th Congress, a provision was included in the National
Defense Authorization Act for FY2008 that permits certain reservists to draw retired pay as early
as age 50, while maintaining the age for access to the military health care system at 60. 140
This provision reduced the age for receipt of retired pay for members of the Ready Reserve by
three months for each aggregate of 90 days of specified duty performed in any fiscal year after
January 28, 2008 (the date of enactment of the FY2008 National Defense Authorization Act), or
specified duty performed in any two consecutive fiscal years after September 30, 2014. 141
Specified duty includes active duty under any provision of law to which 10 U.S.C.
§101(a)(13)(B) refers, active duty under 10 U.S.C. §12301(d) or 12304b,142 or active service
under 32 U.S.C. §502(f) if responding to a national emergency declared by the President or
supported by federal funds. 143 The retired pay eligibility age cannot be reduced below age 50;
eligibility for retiree health care benefits remains at age 60. This law has no effect on reservists
who were already retired as of January 28, 2008; reservists who do not perform any of the types
of specified duty during their careers; or reservists who only performed the specified duty prior to
January 28, 2008. It only reduces the retirement age for those reservists who perform qualifying
duty after January 28, 2008. 144
or retention authorities (i.e., they do not require the consent of the member to be used). In 2018, Congress added 10
U.S.C. §12304b as a type of qualifying duty (P.L. 115-232).
138
P.L. 111-8, Omnibus Appropriations Act, 2009, Section 751, March 11, 2009; amended by P.L. 111-117,
Consolidated Appropriations Act, 2010, Section 745, December 16, 2009.
139
Office of Personnel Management, OPM Policy Guidance Regarding Reservist Differential Under 5 U.S.C. 5538 ,
revision date June 23, 2015, available at https://www.opm.gov/policy-data-oversight/pay-leave/payadministration/reservist -differential/policyguidance.pdf.
140 10 U.S.C. §§12731(f) and 1074(b)(2).
141 P.L. 113-291 added the provision to allow qualifying service to span two consecutive fiscal years after September
30, 2014.
142 P.L. 116-92 added service under 10 U.S.C. §12304b as a type of qualifying duty.
143 T he provisions of law referred to in Section 101(a)(13)(B) of T itle 10 are: Sections 688, 12301(a), 12302, 1230 4,
12304a, 12305, and 12406 of T itle 10; Chapter 13 of Title 10; and section 3713 of T itle 14.
144 Section 660 of the Senate version of the National Defense Authorization Act for FY2010 would have included
service performed between September 11, 2001, and January 28, 2008, as qualifying service for the purpose of
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lowering the age at which a reservist can draw retired pay. However, there was no corresponding provision in the
House version, and it was not included in the final bill (P.L. 111-84). The conference report that accompanied the final
bill stated: “the conferees would support the provision provided that acceptable offsets are identified consistent with
budgetary requirements of both the Senate and the House of Representatives.” U.S. Congress, House Committee on
Armed Services, National Defense Authorization Act for Fiscal Year 2010, Conference Report to Accompany H.R.
2647, 111 th Cong., 1 st sess., October 7, 2009, H.Rept. 111-288 (Washington: GPO, 2009), p. 767.
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Author Information
Lawrence Kapp
Specialist in Military Manpower Policy
Barbara Salazar Torreon
Information Research Specialist
Disclaimer
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Congressional Research Service
RL30802 · VERSION 24 · UPDATED
31
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.