dreamproit/uscode huggingface dataset:
10 U.S.C. § 10145 (ARMED FORCES)
§ 10145. Ready Reserve: placement in
(a) Each person required under law to serve in a reserve component shall, upon becoming a member, be placed in the Ready Reserve of his armed force for his prescribed term of service, unless he is transferred to the Standby Reserve under section 10146(a) of this title.
(b) The units and members of the Army National Guard of the United States and of the Air National Guard of the United States are in the Ready Reserve of the Army and the Ready Reserve of the Air Force, respectively.
(c) All Reserves assigned to units organized to serve as units and designated as units in the Ready Reserve are in the Ready Reserve.
(d) Under such regulations as the Secretary concerned may prescribe, any qualified member of a reserve component or any qualified retired enlisted member of a regular component may, upon his request, be placed in the Ready Reserve. However, a member of the Retired Reserve entitled to retired pay or a retired enlisted member of a regular component may not be placed in the Ready Reserve unless the Secretary concerned makes a special finding that the member’s services in the Ready Reserve are indispensable. The authority of the Secretary concerned under the preceding sentence may not be delegated—
(1) to a civilian officer or employee of the military department concerned below the level of Assistant Secretary; or
(2) to a member of the armed forces below the level of the lieutenant general or vice admiral in an armed force with responsibility for military personnel policy in that armed force.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 108–136, div. A, title V, § 513, Nov. 24, 2003, 117 Stat. 1460.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 269(a)–(d) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2003—Subsec. (d). Pub. L. 108–136 substituted last sentence of introductory provisions and pars. (1) and (2) for “The Secretary concerned may not delegate his authority under the preceding sentence.”
10 U.S.C. § 10146 (ARMED FORCES)
§ 10146. Ready Reserve: transfer from
(a) Subject to subsection (c) and under regulations prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member in the Ready Reserve may be transferred to the Standby Reserve.
(b) A Reserve who is qualified and so requests may be transferred to the Retired Reserve under regulations prescribed by the Secretary concerned and, in the case of the Secretary of a military department, approved by the Secretary of Defense.
(c) A member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred to the Standby Reserve only with the consent of the governor or other appropriate authority of the State.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 269(e)–(g) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
10 U.S.C. § 10147 (ARMED FORCES)
§ 10147. Ready Reserve: training requirements
(a) Except as specifically provided in regulations to be prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to—
(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year; or
(2) serve on active duty for training not more than 30 days during each year.
(b) A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 270(a) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
Pub. L. 103–337, div. A, title XVI, § 1661(a)(5)(A), Oct. 5, 1994, 108 Stat. 2980, provided that: “Section 10147(a) [10 U.S.C. 10147(a)], as added by paragraph (1), applies only to persons who were inducted, enlisted, or appointed in an armed force after August 9, 1955.”
10 U.S.C. § 10148 (ARMED FORCES)
§ 10148. Ready Reserve: failure to satisfactorily perform prescribed training
(a) A member of the Ready Reserve covered by section 10147 of this title who fails in any year to perform satisfactorily the training duty prescribed in that section, as determined by the Secretary concerned under regulations prescribed by the Secretary of Defense, may be ordered without his consent to perform additional active duty for training for not more than 45 days. If the failure occurs during the last year of his required membership in the Ready Reserve, his membership is extended until he performs that additional active duty for training, but not for more than six months.
(b) A member of the Army National Guard of the United States or the Air National Guard of the United States who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be ordered, without his consent, to perform additional active duty for training for not more than 45 days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2974.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 270(b), (c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
Pub. L. 103–337, div. A, title XVI, § 1661(a)(5)(B), Oct. 5, 1994, 108 Stat. 2980, provided that: “Section 10148(b) [10 U.S.C. 10148(b)], as added by paragraph (1), applies only to persons who became members of the Army National Guard of the United States or the Air National Guard of the United States after October 4, 1961.”
10 U.S.C. § 10149 (ARMED FORCES)
§ 10149. Ready Reserve: continuous screening
(a) Under regulations to be prescribed by the President, the Secretary concerned shall provide a system of continuous screening of units and members of the Ready Reserve to ensure the following:
(1) That there will be no significant attrition of those members or units during a mobilization.
(2) That there is a proper balance of military skills.
(3) That except for those with military skills for which there is an overriding requirement, members having critical civilian skills are not retained in numbers beyond the need for those skills.
(4) That with due regard to national security and military requirements, recognition will be given to participation in combat.
(5) That members whose mobilization in an emergency would result in an extreme personal or community hardship are not retained in the Ready Reserve.
(b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member of the Ready Reserve who is designated as a member not to be retained in the Ready Reserve as a result of screening under subsection (a) shall, as appropriate, be—
(1) transferred to the Standby Reserve;
(2) discharged; or
(3) if the member is eligible and applies therefor, transferred to the Retired Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2974; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 271 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Ex. Ord. No. 11190. Screening of Ready Reserve
text: Ex. Ord. No. 11190, Dec. 29, 1964, 29 F.R. 19183, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 13286, § 67, Feb. 28, 2003, 68 F.R. 10630, provided:
By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is ordered as follows:
Section 1. There is delegated to the Secretary of Defense (and to the Secretary of Homeland Security with regard to the United States Coast Guard) the authority vested in the President by section 271 [see 10149] of title 10 of the United States Code to prescribe regulations for the screening of units and members of the Ready Reserve of the Armed Forces.
Sec. 2. Executive Order No. 10651 of January 6, 1956, is revoked.
10 U.S.C. § 10150 (ARMED FORCES)
§ 10150. Ready Reserve: transfer back from Standby Reserve
Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member of the Standby Reserve who has not completed his required period of service in the Ready Reserve may be transferred to the Ready Reserve when the reason for his transfer to the Standby Reserve no longer exists.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2975; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 272 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2002—Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
10 U.S.C. § 10151 (ARMED FORCES)
§ 10151. Standby Reserve: composition
The Standby Reserve consists of those units or members, or both, of the reserve components, other than those in the Ready Reserve or Retired Reserve, who are liable for active duty only as provided in sections 12301 and 12306 of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2975.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 273(a) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10152 (ARMED FORCES)
§ 10152. Standby Reserve: inactive status list
An inactive status list shall be maintained in the Standby Reserve. Whenever an authority designated by the Secretary concerned considers that it is in the best interest of the armed force concerned, a member in the Standby Reserve who is not required to remain a Reserve, and who cannot participate in prescribed training, may, if qualified, be transferred to the inactive status list under regulations to be prescribed by the Secretary concerned. These regulations shall fix the conditions under which such a member is entitled to be returned to an active status.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2975.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 273(b) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10153 (ARMED FORCES)
§ 10153. Standby Reserve: status of members
While in an inactive status, a Reserve is not eligible for pay or promotion and (as provided in section 12734(a) of this title) does not accrue credit for years of service under chapter 1223 of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2975.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 273(c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10154 (ARMED FORCES)
§ 10154. Retired Reserve
The Retired Reserve consists of the following Reserves:
(1) Reserves who are or have been retired under section 3911, 6323, or 8911 of this title or under section 291 of title 14.
(2) Reserves who have been transferred to the Retired Reserve, retain their status as Reserves, and are otherwise qualified.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2975; amended Pub. L. 107–107, div. A, title V, § 517(a), Dec. 28, 2001, 115 Stat. 1094.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 274 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2001—Par. (2). Pub. L. 107–107 struck out “upon their request” after “Retired Reserve”.
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–107, div. A, title V, § 517(g), Dec. 28, 2001, 115 Stat. 1096, provided that: “The amendments made by this section [enacting sections 12108 and 12244 of this title and amending this section and sections 14513 to 14515 of this title] shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act [Dec. 28, 2001].”
heading: Authority To Issue Military Identification Cards to So-Called Honorary Retirees of the Naval and Marine Corps Reserves
text: Pub. L. 103–337, div. A, title III, § 377, Oct. 5, 1994, 108 Stat. 2737, as amended by Pub. L. 104–106, div. A, title XV, § 1501(d)(1), Feb. 10, 1996, 110 Stat. 500; Pub. L. 105–85, div. A, title X, § 1073(d)(1)(E)(i), Nov. 18, 1997, 111 Stat. 1905; Pub. L. 109–163, div. A, title V, § 515(h), Jan. 6, 2006, 119 Stat. 3237, provided that:
“(a) Authority.—
The Secretary of the Navy may issue a military identification card to a member of the Retired Reserve described in subsection (b).
“(b) Covered Members.—
A member of the Retired Reserve referred to in subsection (a) is a member of the Navy Reserve or Marine Corps Reserve who transferred to the Retired Reserve under section 274(2) [see 10154(2)] of title 10, United States Code, without having completed the years of service required under section 1331(a)(2) [see 12731(a)(2)] of such title for eligibility for retired pay under chapter 67 [see 1223] of such title or who after November 30, 1994, transferred to the Retired Reserve under section 10154(2) of title 10, United States Code, without having completed the years of service required under section 12731(a)(2) of such title for eligibility for retired pay under chapter 1223 of such title.
“(c) Effect on Commissary and Exchange Benefits.—
The issuance of a military identification card under subsection (a) to a member of the Retired Reserve does not confer eligibility for commissary and exchange benefits on that member.
“(d) Limitation on Color and Format.—
The Secretary shall ensure that the color and format in which a military identification card is issued under subsection (a) is not similar to the color and format in which a military identification card is issued by the Department of Defense to individuals other than members described in subsection (b).”
10 U.S.C. § 10171 (ARMED FORCES)
§ 10171. United States Army Reserve Command
(a) Command.—
The United States Army Reserve Command is a separate command of the Army commanded by the Chief of Army Reserve.
(b) Chain of Command.—
Except as otherwise prescribed by the Secretary of Defense, the Secretary of the Army shall prescribe the chain of command for the United States Army Reserve Command.
(c) Assignment of Forces.—
The Secretary of the Army—
(1) shall assign to the United States Army Reserve Command all forces of the Army Reserve in the continental United States other than forces assigned to the unified combatant command for special operations forces established pursuant to section 167 of this title; and
(2) except as otherwise directed by the Secretary of Defense in the case of forces assigned to carry out functions of the Secretary of the Army specified in section 3013 of this title, shall assign all such forces of the Army Reserve to the commander of the United States Atlantic Command.
(Added Pub. L. 104–201, div. A, title XII, § 1211(a)(1), Sept. 23, 1996, 110 Stat. 2689.)
heading: Implementation Schedule for Reserve Component Commands
text: Pub. L. 104–201, div. A, title XII, § 1211(c), Sept. 23, 1996, 110 Stat. 2691, provided that: “Implementation of chapter 1006 of title 10, United States Code, as added by subsection (a), shall begin not later than 90 days after the date of the enactment of this Act [Sept. 23, 1996] and shall be completed not later than one year after such date.”
10 U.S.C. § 10172 (ARMED FORCES)
§ 10172. Navy Reserve Force
(a) Establishment of Command.—
The Secretary of the Navy, with the advice and assistance of the Chief of Naval Operations, shall establish a Navy Reserve Force. The Navy Reserve Force shall be operated as a separate command of the Navy.
(b) Commander.—
The Chief of Navy Reserve shall be the commander of the Navy Reserve Force. The commander of the Navy Reserve Force reports directly to the Chief of Naval Operations.
(c) Assignment of Forces.—
The Secretary of the Navy—
(1) shall assign to the Navy Reserve Force specified portions of the Navy Reserve other than forces assigned to the unified combatant command for special operations forces established pursuant to section 167 of this title; and
(2) except as otherwise directed by the Secretary of Defense in the case of forces assigned to carry out functions of the Secretary of the Navy specified in section 5013 of this title, shall assign to the combatant commands all such forces assigned to the Navy Reserve Force under paragraph (1) in the manner specified by the Secretary of Defense.
(Added Pub. L. 104–201, div. A, title XII, § 1211(a)(1), Sept. 23, 1996, 110 Stat. 2689; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(BB), (3)(G), Jan. 6, 2006, 119 Stat. 3233, 3234.)
heading: Amendments
text: 2006—Pub. L. 109–163, § 515(b)(3)(G), substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Pub. L. 109–163, § 515(b)(1)(BB), substituted “Navy Reserve” for “Naval Reserve” wherever appearing in text.
10 U.S.C. § 10173 (ARMED FORCES)
§ 10173. Marine Forces Reserve
(a) Establishment.—
The Secretary of the Navy, with the advice and assistance of the Commandant of the Marine Corps, shall establish in the Marine Corps a command known as the Marine Forces Reserve.
(b) Commander.—
The Marine Forces Reserve is commanded by the Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve, reports directly to the Commandant of the Marine Corps.
(c) Assignment of Forces.—
The Commandant of the Marine Corps—
(1) shall assign to the Marine Forces Reserve the forces of the Marine Corps Reserve stationed in the continental United States other than forces assigned to the unified combatant command for special operations forces established pursuant to section 167 of this title; and
(2) except as otherwise directed by the Secretary of Defense in the case of forces assigned to carry out functions of the Secretary of the Navy specified in section 5013 of this title, shall assign to the combatant commands (through the Marine Corps component commander for each such command) all such forces assigned to the Marine Forces Reserve under paragraph (1) in the manner specified by the Secretary of Defense.
(Added Pub. L. 104–201, div. A, title XII, § 1211(a)(1), Sept. 23, 1996, 110 Stat. 2690.)
10 U.S.C. § 10174 (ARMED FORCES)
§ 10174. Air Force Reserve Command
(a) Establishment of Command.—
The Secretary of the Air Force, with the advice and assistance of the Chief of Staff of the Air Force, shall establish an Air Force Reserve Command. The Air Force Reserve Command shall be operated as a separate command of the Air Force.
(b) Commander.—
The Chief of Air Force Reserve is the Commander of the Air Force Reserve Command. The commander of the Air Force Reserve Command reports directly to the Chief of Staff of the Air Force.
(c) Assignment of Forces.—
The Secretary of the Air Force—
(1) shall assign to the Air Force Reserve Command all forces of the Air Force Reserve stationed in the continental United States other than forces assigned to the unified combatant command for special operations forces established pursuant to section 167 of this title; and
(2) except as otherwise directed by the Secretary of Defense in the case of forces assigned to carry out functions of the Secretary of the Air Force specified in section 8013 of this title, shall assign to the combatant commands all such forces assigned to the Air Force Reserve Command under paragraph (1) in the manner specified by the Secretary of Defense.
(Added Pub. L. 104–201, div. A, title XII, § 1211(a)(1), Sept. 23, 1996, 110 Stat. 2690.)