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10 U.S.C. § 10201 (ARMED FORCES)
§ 10201. Assistant Secretary of Defense for Reserve Affairs
As provided in section 138(b)(2) of this title, the official in the Department of Defense with responsibility for overall supervision of reserve component affairs of the Department of Defense is the Assistant Secretary of Defense for Reserve Affairs.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2976; amended Pub. L. 104–106, div. A, title IX, § 903(f)(4), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617.)
heading: Amendments
text: 1996—Pub. L. 104–106, § 903(a), (f)(4), which directed that this section be amended, eff. Jan. 31, 1997, to read “The official in the Department of Defense with responsibility for overall supervision of reserve component affairs of the Department of Defense is the official designated by the Secretary of Defense to have that responsibility.”, was repealed by Pub. L. 104–201.
heading: Effective Date
text: Chapter 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.
10 U.S.C. § 10202 (ARMED FORCES)
§ 10202. Regulations
(a) Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department shall prescribe such regulations as the Secretary considers necessary to carry out provisions of law relating to the reserve components under the Secretary’s jurisdiction.
(b) The Secretary of Homeland Security, with the concurrence of the Secretary of the Navy, shall prescribe such regulations as the Secretary considers necessary to carry out all provisions of law relating to the reserve components insofar as they relate to the Coast Guard, except when the Coast Guard is operating as a service in the Navy.
(c) So far as practicable, regulations for all reserve components shall be uniform.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2976; 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 280 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.
10 U.S.C. § 10203 (ARMED FORCES)
§ 10203. Reserve affairs: designation of general or flag officer of each armed force
(a) The Secretary of the Army may designate a general officer of the Army to be directly responsible for reserve affairs to the Chief of Staff of the Army.
(b) The Secretary of the Navy may designate a flag officer of the Navy to be directly responsible for reserve affairs to the Chief of Naval Operations and a general officer of the Marine Corps to be directly responsible for reserve affairs to the Commandant of the Marine Corps.
(c) The Secretary of the Air Force may designate a general officer of the Air Force to be directly responsible for reserve affairs to the Chief of Staff of the Air Force.
(d) The Secretary of Homeland Security may designate a flag officer of the Coast Guard to be directly responsible for reserve affairs to the Commandant of the Coast Guard.
(e) This section does not affect the functions of the Chief of the National Guard Bureau, the Chief of Army Reserve, or the Chief of Air Force Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2976; 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 264(a) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2002—Subsec. (d). 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. § 10204 (ARMED FORCES)
§ 10204. Personnel records
(a) The Secretary concerned shall maintain adequate and current personnel records of each member of the reserve components under the Secretary’s jurisdiction showing the following with respect to the member:
(1) Physical condition.
(2) Dependency status.
(3) Military qualifications.
(4) Civilian occupational skills.
(5) Availability for service.
(6) Such other information as the Secretary concerned may prescribe.
(b) Under regulations to be prescribed by the Secretary of Defense, the Secretary of each military department shall maintain a record of the number of members of each class of each reserve component who, during each fiscal year, have participated satisfactorily in active duty for training and inactive duty training with pay.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 275 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10205 (ARMED FORCES)
§ 10205. Members of Ready Reserve: requirement of notification of change of status
(a) Each member of the Ready Reserve shall notify the Secretary concerned of any change in the member’s address, marital status, number of dependents, or civilian employment and of any change in the member’s physical condition that would prevent the member from meeting the physical or mental standards prescribed for the member’s armed force.
(b) This section shall be administered under regulations 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.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977; 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 652 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(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.
10 U.S.C. § 10206 (ARMED FORCES)
§ 10206. Members: physical examinations
(a) Each member of the Selected Reserve who is not on active duty shall—
(1) have a comprehensive medical readiness health and dental assessment on an annual basis, including routine annual preventive health care screening and periodic comprehensive physical examinations in accordance with regulations prescribed by the Secretary of Defense that reflect morbidity and mortality risks associated with the military service, age, and gender of the member; and
(2) execute and submit to the Secretary concerned on an annual basis documentation of the medical and dental readiness of the member to perform military duties.
(b) A member of the Individual Ready Reserve or inactive National Guard shall be examined for physical fitness as necessary to determine the member’s physical fitness for—
(1) military duty or promotion;
(2) attendance at a school of the armed forces; or
(3) other action related to career progression.
(c) Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually to the Secretary concerned a certificate of physical condition.
(d) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977; amended Pub. L. 107–107, div. A, title V, § 516, Dec. 28, 2001, 115 Stat. 1094; Pub. L. 109–163, div. A, title VII, § 732(a), (b), Jan. 6, 2006, 119 Stat. 3351, 3352.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1004(a), (b) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(4)(A).
heading: Amendments
text: 2006—Pub. L. 109–163, § 732(b), struck out “periodic” before “physical” in section catchline.
Subsec. (a)(1). Pub. L. 109–163, § 732(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “be examined as to the member’s physical fitness every five years, or more often as the Secretary concerned considers necessary; and”.
Subsec. (a)(2). Pub. L. 109–163, § 732(a)(2), substituted “to the Secretary concerned on an annual basis documentation of the medical and dental readiness of the member to perform military duties” for “annually to the Secretary concerned a certificate of physical condition”.
2001—Subsec. (a). Pub. L. 107–107, § 516(a)(1), (2), substituted “Selected Reserve” for “Ready Reserve” in introductory provisions and redesignated concluding provisions as subsec. (c).
Subsec. (a)(1). Pub. L. 107–107, § 516(b), substituted “the member’s physical fitness” for “his physical fitness”.
Subsec. (b). Pub. L. 107–107, § 516(a)(4), added subsec. (b). Former subsec. (b) redesignated (d).
Subsec. (c). Pub. L. 107–107, § 516(a)(2), redesignated concluding provisions of subsec. (a) as (c).
Subsec. (d). Pub. L. 107–107, § 516(a)(3), redesignated subsec. (b) as (d).
10 U.S.C. § 10207 (ARMED FORCES)
§ 10207. Mobilization forces: maintenance
(a) Whenever units or members of the reserve components are ordered to active duty (other than for training) during a period of partial mobilization, the Secretary concerned shall continue to maintain mobilization forces by planning and budgeting for the continued organization and training of the reserve components not mobilized, and make the fullest practicable use of the Federal facilities vacated by mobilized units, consistent with approved joint mobilization plans.
(b) In this section, the term “partial mobilization” means the mobilization resulting from action by Congress or the President, under any law, to bring units of any reserve component, and members not assigned to units organized to serve as units, to active duty for a limited expansion of the active armed forces.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 276 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10208 (ARMED FORCES)
§ 10208. Annual mobilization exercise
(a) The Secretary of Defense shall conduct at least one major mobilization exercise each year. The exercise should be as comprehensive and as realistic as possible and should include the participation of associated active component and reserve component units.
(b) The Secretary shall maintain a plan to test periodically each active component and reserve component unit based in the United States and all interactions of such units, as well as the sustainment of the forces mobilized as part of the exercise, with the objective of permitting an evaluation of the adequacy of resource allocation and planning.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 98–525, title V, § 552(e), Oct. 19, 1984, 98 Stat. 2531, which was set out in a note under section 12001 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(B).
10 U.S.C. § 10209 (ARMED FORCES)
§ 10209. Regular and reserve components: discrimination prohibited
Laws applying to both Regulars and Reserves shall be administered without discrimination—
(1) among Regulars;
(2) among Reserves; and
(3) between Regulars and Reserves.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 277 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10210 (ARMED FORCES)
§ 10210. Dissemination of information
The Secretary of Defense shall require the complete and current dissemination, to all Reserves and to the public, of information of interest to the reserve components.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 278 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10211 (ARMED FORCES)
§ 10211. Policies and regulations: participation of Reserve officers in preparation and administration
Within such numbers and in such grades and assignments as the Secretary concerned may prescribe, each armed force shall have officers of its reserve components on active duty (other than for training) at the seat of government, and at headquarters responsible for reserve affairs, to participate in preparing and administering the policies and regulations affecting those reserve components. While so serving, such an officer is an additional number of any staff with which he is serving.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 265 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10212 (ARMED FORCES)
§ 10212. Gratuitous services of officers: authority to accept
(a) Notwithstanding section 1342 of title 31, the Secretary of Defense may accept the gratuitous services of an officer of a reserve component (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States) in consultation upon matters relating to the armed forces.
(b) Notwithstanding section 1342 of title 31, the Secretary of a military department may accept the gratuitous services of an officer of a reserve component under the Secretary’s jurisdiction (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States)—
(1) in the furtherance of the enrollment, organization, and training of that officer’s reserve component or the Reserve Officers’ Training Corps; or
(2) in consultation upon matters relating to the armed forces.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978; amended Pub. L. 103–355, title III, § 3021(a), Oct. 13, 1994, 108 Stat. 3333.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 279 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A), and in sections 4541 and 9541 of this title, prior to repeal by Pub. L. 103–160, § 822(d)(2).
heading: Amendments
text: 1994—Pub. L. 103–355 added subsec. (a) and designated existing provisions as subsec. (b).
heading: Effective Date of 1994 Amendment
text: Pub. L. 103–355, title III, § 3021(b), Oct. 13, 1994, 108 Stat. 3333, provided that: “Notwithstanding section 10001 [set out as a note under section 2302 of this title], the amendments made by subsection (a) [amending this section] shall take effect on December 1, 1994, immediately after the amendments made by the Reserve Officer Personnel Management Act [Pub. L. 103–337, see Tables for classification].”
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.
10 U.S.C. § 10213 (ARMED FORCES)
§ 10213. Reserve components: dual membership prohibited
Except as otherwise provided in this title, no person may be a member of more than one reserve component at the same time.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 261(b) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
10 U.S.C. § 10214 (ARMED FORCES)
§ 10214. Adjutants general and assistant adjutants general: reference to other officers of National Guard
In any case in which, under the laws of a State, an officer of the National Guard of that jurisdiction, other than the adjutant general or an assistant adjutant general, normally performs the duties of that office, the references in sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(h), and 14512 of this title to the adjutant general or the assistant adjutant general shall be applied to that officer instead of to the adjutant general or assistant adjutant general.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2979; amended Pub. L. 111–383, div. A, title X, § 1075(b)(51), Jan. 7, 2011, 124 Stat. 4371.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 281 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2011—Pub. L. 111–383 substituted “14508(h)” for “14508(e)”.
10 U.S.C. § 10215 (ARMED FORCES)
§ 10215. Officers of Army National Guard of the United States and Air National Guard of the United States: authority with respect to Federal status
(a)
(1) Officers of the Army National Guard of the United States who are not on active duty—
(A) may order members of the Army National Guard of the United States to active duty for training under section 12301(d) of this title; and
(B) with the approval of the Secretary of the Air Force, may order members of the Air National Guard of the United States to active duty for training under that section.
(2) Officers of the Air National Guard of the United States who are not on active duty—
(A) may order members of the Air National Guard of the United States to active duty for training under section 12301(d) of this title; and
(B) with the approval of the Secretary of the Army, may order members of the Army National Guard of the United States to active duty for training under that section.
(b) Officers of the Army National Guard of the United States or the Air National Guard of the United States who are not on active duty—
(1) may enlist, reenlist, or extend the enlistments of persons as Reserves of the Army or Reserves of the Air Force for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be; and
(2) with respect to their Federal status, may promote or discharge persons enlisted or reenlisted as Reserves of the Army or Reserves of the Air Force for that service.
(c) This section shall be carried out under regulations prescribed by the Secretary of the Army, with respect to matters concerning the Army, and by the Secretary of the Air Force, with respect to matters concerning the Air Force.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3080 and 8080 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).
10 U.S.C. § 10219 (ARMED FORCES)
§ 10219. Suicide prevention and resilience program
(a) Program Requirement.—
The Secretary of Defense shall establish and carry out a program to provide members of the National Guard and Reserves and their families with training in suicide prevention, resilience, and community healing and response to suicide, including provision of such training at Yellow Ribbon Reintegration Program events and activities authorized under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
(b) Suicide Prevention Training.—
Under the program, the Secretary shall provide members of the National Guard and Reserves with training in suicide prevention. Such training may include—
(1) describing the warning signs for suicide and teaching effective strategies for prevention and intervention;
(2) examining the influence of military culture on risk and protective factors for suicide; and
(3) engaging in interactive case scenarios and role plays to practice effective intervention strategies.
(c) Community Response Training.—
Under the program, the Secretary shall provide the families and communities of members of the National Guard and Reserves with training in responses to suicide that promote individual and community healing. Such training may include—
(1) enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide;
(2) communicating best practices for preventing suicide, including safe messaging, appropriate memorial services, and media guidelines;
(3) addressing the impact of suicide on the military and the larger community, and the increased risk that can result; and
(4) managing resources to assist key community and military service providers in helping the families, friends, and fellow servicemembers of a suicide victim through the processes of grieving and healing.
(d) Community Training Assistance.—
The program shall include the provision of assistance with such training to the local communities of those servicemembers and families, to be provided in coordination with local community programs.
(e) Collaboration.—
In carrying out the program, the Secretary shall collect and analyze “lessons learned” and suggestions from State National Guard and Reserve organizations with existing or developing suicide prevention and community response programs.
(f) Termination.—
The program under this section shall terminate on October 1, 2017.
(Added Pub. L. 112–239, div. A, title V, § 581(a)(1), Jan. 2, 2013, 126 Stat. 1764.)
heading: References in Text
text: Section 582 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (a), is section 582 of Pub. L. 110–181, which is set out as a note under section 10101 of this title.
10 U.S.C. § 10303 (ARMED FORCES)
§ 10303. Navy Reserve Policy Board
A Navy Reserve Policy Board shall be convened at least once annually at the seat of government to consider, recommend, and report to the Secretary of the Navy on reserve policy matters. At least half of the members of the Board must be officers of the Navy Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(1), Oct. 5, 1994, 108 Stat. 2981; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(DD), (3)(H), Jan. 6, 2006, 119 Stat. 3233, 3234.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5251(c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).
heading: Amendments
text: 2006—Pub. L. 109–163, § 515(b)(3)(H), substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Pub. L. 109–163, § 515(b)(1)(DD), substituted “Navy Reserve” for “Naval Reserve” in two places in text.
10 U.S.C. § 10304 (ARMED FORCES)
§ 10304. Marine Corps Reserve Policy Board
A Marine Corps Reserve Policy Board shall be convened at least once annually at the seat of government to consider, recommend, and report to the Secretary of the Navy on reserve policy matters. At least half of the members of the Board must be officers of the Marine Corps Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(1), Oct. 5, 1994, 108 Stat. 2981.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5252(c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).