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10 U.S.C. § 9493 (ARMED FORCES)
§ 9493. Activities performed as federally chartered nonprofit corporation
(a) Use of Federally Provided Resources.—
In its status as a federally chartered nonprofit corporation, the Civil Air Patrol may use equipment, supplies, and other resources, including aircraft, motor vehicles, computers, and communications equipment, provided to the Civil Air Patrol by a department or agency of the Federal Government or acquired by or for the Civil Air Patrol with appropriated funds (or with funds of the Civil Air Patrol, but reimbursed from appropriated funds)—
(1) to provide assistance requested by State or local governmental authorities to perform disaster relief missions and activities, other emergency missions and activities, and nonemergency missions and activities; and
(2) to fulfill its other purposes set forth in section 40302 of title 36.
(b) Use Subject to Applicable Laws.—
The use of equipment, supplies, or other resources under subsection (a) is subject to the laws and regulations that govern the use by nonprofit corporations of federally provided assets or of assets purchased with appropriated funds, as the case may be.
(c) Authority Not Contingent on Reimbursement.—
The authority for the Civil Air Patrol to provide assistance under subsection (a)(1) is not contingent on the Civil Air Patrol being reimbursed for the cost of providing the assistance. If the Civil Air Patrol elects to require reimbursement for the provision of assistance under such subsection, the Civil Air Patrol may establish the reimbursement rate at a rate less than the rates charged by private sector sources for equivalent services.
(d) Liability Insurance.—
The Secretary of the Air Force may provide the Civil Air Patrol with funds for paying the cost of liability insurance to cover missions and activities carried out under this section.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295, § 9443; renumbered § 9493, Pub. L. 115–232, div. A, title VIII, § 806(a)(1), Aug. 13, 2018, 132 Stat. 1832.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9443 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title.
10 U.S.C. § 9495 (ARMED FORCES)
§ 9495. Funds appropriated for the Civil Air Patrol
Funds appropriated for the Civil Air Patrol shall be available only for the exclusive use of the Civil Air Patrol.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–297, § 9445; renumbered § 9495, Pub. L. 115–232, div. A, title VIII, § 806(a)(1), Aug. 13, 2018, 132 Stat. 1832.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 9445 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title.
10 U.S.C. § 9496 (ARMED FORCES)
§ 9496. Miscellaneous personnel authorities
(a) Use of Retired Air Force Personnel.—
(1) Upon the request of a person retired from service in the Air Force, the Secretary of the Air Force may enter into a personal services contract with that person providing for the person to serve as an administrator or liaison officer for the Civil Air Patrol. The qualifications of a person to provide the services shall be determined and approved in accordance with regulations prescribed under section 9498 of this title.
(2) To the extent provided in a contract under paragraph (1), a person providing services under the contract may accept services on behalf of the Air Force.
(3) A person, while providing services under a contract authorized under paragraph (1), may not be considered to be on active duty or inactive-duty training for any purpose.
(b) Use of Civil Air Patrol Chaplains.—
The Secretary of the Air Force may use the services of Civil Air Patrol chaplains in support of the Air Force active duty and reserve component forces to the extent and under conditions that the Secretary determines appropriate.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–297, § 9446; renumbered § 9496 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)
text: 2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9446 of this title as this section.
text: Subsec. (a)(1). Pub. L. 115–232, § 809(a), substituted “section 9498” for “section 9448”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title.
10 U.S.C. § 9498 (ARMED FORCES)
§ 9498. Regulations
(a) Authority.—
The Secretary of the Air Force shall prescribe regulations for the administration of this chapter.
(b) Required Regulations.—
The regulations shall include the following:
(1) Regulations governing the conduct of the activities of the Civil Air Patrol when it is performing its duties as a volunteer civilian auxiliary of the Air Force under section 9492 of this title.
(2) Regulations for providing support by the Air Force and for arranging assistance by other agencies under section 9494 of this title.
(3) Regulations governing the qualifications of retired Air Force personnel to serve as an administrator or liaison officer for the Civil Air Patrol under a personal services contract entered into under section 9496(a) of this title.
(c) Approval by Secretary of Defense.—
The regulations required by subsection (b)(2) shall be subject to the approval of the Secretary of Defense.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–299, § 9448; renumbered § 9498 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9448 of this title as this section.
Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted “section 9492” for “section 9442”.
Subsec. (b)(2). Pub. L. 115–232, § 809(a), substituted “section 9494” for “section 9444”.
Subsec. (b)(3). Pub. L. 115–232, § 809(a), substituted “section 9496(a)” for “section 9446(a)”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title.
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 7013 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; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (c)(2). Pub. L. 115–232 substituted “section 7013” for “section 3013”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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 8013 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; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (c)(2). Pub. L. 115–232 substituted “section 8013” for “section 5013”.
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.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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 8013 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; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (c)(2). Pub. L. 115–232 substituted “section 8013” for “section 5013”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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 9013 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; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (c)(2). Pub. L. 115–232 substituted “section 9013” for “section 8013”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 12009 (ARMED FORCES)
§ 12009. Army and Air Force reserve components: temporary increases
(a) The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 7036, 14304(b), 14314, or 14317 of this title.
(b) An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3212 and 8212 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–232 substituted “section 1211(a), 7036, 14304(b), 14314, or 14317” for “section 1211(a), 3036, 14304(b), 14314, or 14317”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 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.
10 U.S.C. § 12647 (ARMED FORCES)
§ 12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and fiscal officers
Notwithstanding chapters 843, 1407, and 1409 of this title, a reserve commissioned officer, other than a commissioned warrant officer, who is assigned to the Selective Service System or who is a property and fiscal officer appointed, designated, or detailed under section 708 of title 32, may be retained in an active status in that assignment or position until he becomes 62 years of age.
(Added Pub. L. 85–861, § 1(22)(B), Sept. 2, 1958, 72 Stat. 1445, § 1007; amended Pub. L. 86–559, § 1(3)(B), June 30, 1960, 74 Stat. 265; renumbered § 12647 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(4), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 110–417, [div. A], title V, § 514(a), Oct. 14, 2008, 122 Stat. 4441; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1007
50:1181(1) (as applicable to 50:1202).
50:1202.
Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 212), 212, 68 Stat. 1149, 1153.
The words “this title” are substituted for the words “this chapter”, since the provisions of this title requiring transfer from an active status are based on the source statute for this section (the Reserve Officer Personnel Act of 1954).
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “chapters 843, 1407, and 1409” for “chapters 573, 1407, and 1409”.
2008—Pub. L. 110–417 substituted “62 years” for “60 years”.
1994—Pub. L. 103–337, § 1675(d)(4), substituted “573, 1407, and 1409” for “337, 363, 573, 837, and 863”.
Pub. L. 103–337, § 1662(h)(2), renumbered section 1007 of this title as this section.
1960—Pub. L. 86–559 inserted “or serving as United States property and fiscal officers” in section catchline, and inserted provisions in text authorizing retention of reserve commissioned officers who are property and fiscal officers, appointed, designated, or detailed under section 708 of title 32.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date of 1994 Amendment
text: Amendment by section 1675(d)(4) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
14 U.S.C. § 5 (COAST GUARD)
§ 5. Commandant defined
In this title, the term “Commandant” means the Commandant of the Coast Guard.
(Added Pub. L. 115–232, div. C, title XXXV, § 3531(a), Aug. 13, 2018, 132 Stat. 2320.)
heading: Prior Provisions
text: A prior section 5, act Aug. 4, 1949, ch. 393, 63 Stat. 497, which defined the term “Secretary” for purposes of this title, was omitted in the general amendment of this chapter by Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1555. See section 4 of this title.
14 U.S.C. § 90 (COAST GUARD)
§ 90. Arctic maritime transportation
(a) Purpose.—
The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic.
(b) International Maritime Organization Agreements.—
To carry out the purpose of this section, the Secretary is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic—
(1) placement and maintenance of aids to navigation;
(2) appropriate marine safety, tug, and salvage capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range vessel tracking; and
(5) search and rescue.
(c) Coordination by Committee on the Maritime Transportation System.—
The Committee on the Maritime Transportation System established under section 55501 of title 46, United States Code, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section.
(d) Agreements and Contracts.—
The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b).
(e) Icebreaking.—
The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section.
(f) Arctic Definition.—
In this section, the term “Arctic” has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(Added Pub. L. 113–281, title V, § 501(a), Dec. 18, 2014, 128 Stat. 3056; amended Pub. L. 115–232, div. C, title XXXV, § 3533(d), Aug. 13, 2018, 132 Stat. 2321.)
heading: Prior Provisions
text: A prior section 90, act Aug. 4, 1949, ch. 393, 63 Stat. 502; Pub. L. 85–726, title XIV, § 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 94–546, § 1(8), Oct. 18, 1976, 90 Stat. 2519, authorized the Coast Guard to operate and maintain floating ocean stations, prior to repeal by Pub. L. 112–213, title II, § 216(c), Dec. 20, 2012, 126 Stat. 1555.
heading: Amendments
text: 2018—Subsec. (f). Pub. L. 115–232 struck out question mark after “the term ‘Arctic’ ”.
14 U.S.C. § 101 (COAST GUARD)
§ 101. Appeals and waivers
Except for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—
(1) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or
(2) have a senior staff member who—
(A) meets the requirements of paragraph (1);
(B) actively advises the individual adjudicating the appeal; and
(C) concurs in writing on the decision on appeal.
(Added Pub. L. 111–281, title V, § 524(a), Oct. 15, 2010, 124 Stat. 2958, § 102; renumbered § 101, Pub. L. 111–330, § 1(6)(A), Dec. 22, 2010, 124 Stat. 3569; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(2), Aug. 13, 2018, 132 Stat. 2320.)
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.
2010—Pub. L. 111–330 renumbered section 102 of this title as this section.
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.