dreamproit/uscode huggingface dataset:
10 U.S.C. § 12407 (ARMED FORCES)
§ 12407. National Guard in Federal service: period of service; apportionment
(a) Whenever the President calls the National Guard of a State into Federal service, he may specify in the call the period of the service. Members and units called shall serve inside or outside the territory of the United States during the term specified, unless sooner relieved by the President. However, no member of the National Guard may be kept in Federal service beyond the term of his commission or enlistment.
(b) When the National Guard of a State is called into Federal service with the National Guard of another State, the President may apportion the total number called from the Army National Guard or from the Air National Guard, as the case may be, on the basis of the populations of the States affected by the call.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(19), Feb. 10, 1996, 110 Stat. 497.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3501 and 8501 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–106 substituted “another State” for “another of those jurisdictions” and “States affected” for “jurisdictions affected”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 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. § 12408 (ARMED FORCES)
§ 12408. National Guard in Federal service: physical examination
(a) Under regulations prescribed by the President, each member of the National Guard called into Federal service under section 12301(a), 12302, or 12304 of this title shall be examined as to physical fitness, without further commission or enlistment.
(b) Immediately before such a member is mustered out of Federal service, he shall be examined as to physical fitness. The record of this examination shall be retained by the United States.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 104–201, div. A, title V, § 523, Sept. 23, 1996, 110 Stat. 2517.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3502 and 8502 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–201 inserted “under section 12301(a), 12302, or 12304 of this title” after “called into Federal service”.
heading: Statutory Notes and Related Subsidiaries
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. § 12501 (ARMED FORCES)
§ 12501. Reserve components: detail of members of regular and reserve components to assist
The Secretary concerned shall detail such members of the regular and reserve components under his jurisdiction as are necessary to effectively develop, train, instruct, and administer those reserve components.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 715 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).
heading: Statutory Notes and Related Subsidiaries
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. § 12502 (ARMED FORCES)
§ 12502. Chief and assistant chief of staff of National Guard divisions and wings in Federal service: detail
(a) The President may detail a regular or reserve officer of the Army as chief of staff, and a regular or reserve officer or an officer of the Army National Guard as assistant to the chief of staff, of any division of the Army National Guard that is in Federal service as an Army National Guard organization.
(b) The President may detail a regular or reserve officer of the Air Force as chief of staff, and a regular or reserve officer or an officer of the Air National Guard as assistant to the chief of staff, of any wing of the Air National Guard that is in Federal service as an Air National Guard organization.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3542 and 8542 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).
heading: Statutory Notes and Related Subsidiaries
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. § 12521 (ARMED FORCES)
§ 12521. Definitions
In this chapter:
(1) The term “insurance program” means the Ready Reserve Mobilization Income Insurance Program established under section 12522 of this title.
(2) The term “covered service” means active duty performed by a member of a reserve component under an order to active duty for a period of more than 30 days which specifies that the member’s service—
(A) is in support of an operational mission for which members of the reserve components have been ordered to active duty without their consent; or
(B) is in support of forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.
(3) The term “insured member” means a member of the Ready Reserve who is enrolled for coverage under the insurance program in accordance with section 12524 of this title.
(4) The term “Secretary” means the Secretary of Defense.
(5) The term “Department” means the Department of Defense.
(6) The term “Board of Actuaries” means the Department of Defense Board of Actuaries under section 183 of this title.
(7) The term “Fund” means the Reserve Mobilization Income Insurance Fund established by section 12528(a) of this title.
(Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 299; amended Pub. L. 110–181, div. A, title IX, § 906(c)(4), Jan. 28, 2008, 122 Stat. 277.)
heading: Editorial Notes
heading: Amendments
text: 2008—Par. (6). Pub. L. 110–181 substituted “Department of Defense Board of Actuaries under section 183 of this title” for “Department of Defense Education Benefits Board of Actuaries referred to in section 2006(e)(1) of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 104–106, div. A, title V, § 512(b), Feb. 10, 1996, 110 Stat. 305, provided that: “The insurance program provided for in chapter 1214 of title 10, United States Code, as added by subsection (a), and the requirement for deductions and contributions for that program shall take effect on September 30, 1996, or on any earlier date declared by the Secretary and published in the Federal Register.”
10 U.S.C. § 12522 (ARMED FORCES)
§ 12522. Establishment of insurance program
(a) Establishment.—
The Secretary shall establish for members of the Ready Reserve (including the Coast Guard Reserve) an insurance program to be known as the “Ready Reserve Mobilization Income Insurance Program”.
(b) Administration.—
The insurance program shall be administered by the Secretary. The Secretary may prescribe in regulations such rules, procedures, and policies as the Secretary considers necessary or appropriate to carry out the insurance program.
(c) Agreement With Secretary of Homeland Security.—
The Secretary and the Secretary of Homeland Security shall enter into an agreement with respect to the administration of the insurance program for the Coast Guard Reserve.
(Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 299; amended Pub. L. 107–296, title XVII, § 1704(b)(1), (7), Nov. 25, 2002, 116 Stat. 2314.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (c). Pub. L. 107–296 substituted “Homeland Security” for “Transportation” in heading and text.
heading: Statutory Notes and Related Subsidiaries
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. § 12527 (ARMED FORCES)
§ 12527. Payment of premiums
(a) Methods of Payment.—
(1) The monthly premium for coverage of a member of the Selected Reserve under the insurance program shall be deducted and withheld from the insured member’s pay for each month.
(2) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe regulations which specify the procedures for payment of premiums by members of the Individual Ready Reserve and other members who do not receive pay on a monthly basis.
(b) Advance Pay for Premium.—
The Secretary concerned may advance to an insured member the amount equal to the first insurance premium payment due under this chapter. The advance may be paid out of appropriations for military pay. An advance to a member shall be collected from the member either by deducting and withholding the amount from basic pay payable for the member or by collecting it from the member directly. No disbursing or certifying officer shall be responsible for any loss resulting from an advance under this subsection.
(c) Premiums To Be Deposited in Fund.—
Premium amounts deducted and withheld from the pay of insured members and premium amounts paid directly to the Secretary shall be credited monthly to the Fund.
(Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 302; amended Pub. L. 104–201, div. A, title V, § 547, Sept. 23, 1996, 110 Stat. 2524; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (a)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1996—Subsec. (a)(1). Pub. L. 104–201, § 547(1), inserted “of the Selected Reserve” after “a member”.
Subsec. (a)(2). Pub. L. 104–201, § 547(2), added par. (2) and struck out former par. (2) which read as follows: “An insured member who does not receive pay on a monthly basis shall pay the Secretary directly the premium amount applicable for the level of benefits for which the member is insured.”
heading: Statutory Notes and Related Subsidiaries
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. § 12533 (ARMED FORCES)
§ 12533. Termination of program
(a) In General.—
The Secretary shall terminate the insurance program in accordance with this section.
(b) Termination of New Enrollments.—
The Secretary may not enroll a member of the Ready Reserve for coverage under the insurance program after November 18, 1997.
(c) Termination of Coverage.—
(1) The enrollment under the insurance program of insured members other than insured members described in paragraph (2) is terminated as of November 18, 1997. The enrollment of an insured member described in paragraph (2) is terminated as of the date of the termination of the period of covered service of that member described in that paragraph.
(2) An insured member described in this paragraph is an insured member who on November 18, 1997, is serving on covered service for a period of service, or has been issued an order directing the performance of covered service, that satisfies or would satisfy the entitlement-to-benefits provisions of this chapter.
(d) Termination of Payment of Benefits.—
The Secretary may not make any benefit payment under the insurance program after November 18, 1997, other than to an insured member who on that date (1) is serving on an order to covered service, (2) has been issued an order directing performance of covered service, or (3) has served on covered service before that date for which benefits under the program have not been paid to the member.
(e) Termination of Insurance Fund.—
The Secretary shall close the Fund not later than 60 days after the date on which the last benefit payment from the Fund is made. Any amount remaining in the Fund when closed shall be covered into the Treasury as miscellaneous receipts.
(Added Pub. L. 105–85, div. A, title V, § 512(a), Nov. 18, 1997, 111 Stat. 1729; amended Pub. L. 107–107, div. A, title X, § 1048(c)(15), Dec. 28, 2001, 115 Stat. 1226.)
heading: Editorial Notes
heading: Amendments
text: 2001—Subsecs. (b), (c)(1). Pub. L. 107–107, § 1048(c)(15)(A), substituted “November 18, 1997.” for “the date of the enactment of this section.”
Subsecs. (c)(2), (d). Pub. L. 107–107, § 1048(c)(15)(B), substituted “November 18, 1997,” for “the date of the enactment of this section”.
10 U.S.C. § 12552 (ARMED FORCES)
§ 12552. Funeral honors functions at funerals for veterans
Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in section 1491(h) of this title) may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 12503 of this title.
(Added Pub. L. 105–261, div. A, title V, § 567(c)(1), Oct. 17, 1998, 112 Stat. 2031; amended Pub. L. 106–65, div. A, title V, § 578(g)(4), Oct. 5, 1999, 113 Stat. 628; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(21)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–398 inserted period at end.
1999—Pub. L. 106–65 substituted “honors functions at funerals for veterans” for “honor guard functions: prohibition of treatment as drill or training” in section catchline and amended text generally. Prior to amendment, text read as follows: “Performance by a Reserve of honor guard functions at the funeral of a veteran may not be considered to be a period of drill or training otherwise required.”
10 U.S.C. § 12601 (ARMED FORCES)
§ 12601. Compensation: Reserve on active duty accepting from any person
Any Reserve who, before being ordered to active duty, was receiving compensation from any person may, while he is on that duty, receive compensation from that person.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 1033 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).
heading: Statutory Notes and Related Subsidiaries
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. § 12602 (ARMED FORCES)
§ 12602. Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of National Guard
(a) For the purposes of laws providing benefits for members of the Army National Guard of the United States and their dependents and beneficiaries—
(1) military training, duty, or other service performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Army;
(2) full-time National Guard duty performed by a member of the Army National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Army; and
(3) inactive-duty training performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard, in accordance with regulations prescribed under section 502 of title 32 or other express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Army.
(b) For the purposes of laws providing benefits for members of the Air National Guard of the United States and their dependents and beneficiaries—
(1) military training, duty, or other service performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Air Force;
(2) full-time National Guard duty performed by a member of the Air National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Air Force; and
(3) inactive-duty training performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard, in accordance with regulations prescribed under section 502 of title 32 or other express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Air Force.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3686 and 8686 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).
heading: Statutory Notes and Related Subsidiaries
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. § 12603 (ARMED FORCES)
§ 12603. Attendance at inactive-duty training assemblies: commercial travel at Federal supply schedule rates
(a) Federal Supply Schedule Travel.—
Commercial travel under Federal supply schedules is authorized for the travel of a Reserve to the location of inactive duty training to be performed by the Reserve and from that location upon completion of the training.
(b) Regulations.—
The Secretary of Defense shall prescribe in regulations such requirements, conditions, and restrictions for travel under the authority of subsection (a) as the Secretary considers appropriate. The regulations shall include policies and procedures for preventing abuses of that travel authority.
(c) Reimbursement Not Authorized.—
A Reserve is not entitled to Government reimbursement for the cost of travel authorized under subsection (a).
(d) Treatment of Transportation as Use by Military Departments.—
For the purposes of section 501 of title 40, travel authorized under subsection (a) shall be treated as transportation for the use of a military department.
(Added Pub. L. 105–261, div. A, title VI, § 635(a), Oct. 17, 1998, 112 Stat. 2044; amended Pub. L. 107–217, § 3(b)(41), Aug. 21, 2002, 116 Stat. 1298.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (d). Pub. L. 107–217 substituted “section 501 of title 40” for “section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a))”.
10 U.S.C. § 12604 (ARMED FORCES)
§ 12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training
(a) Authority for Billeting on Same Basis as Active Duty Members Traveling Under Orders.—
The Secretary of Defense shall prescribe regulations authorizing a Reserve traveling to inactive-duty training at a location more than 50 miles from that Reserve’s residence to be eligible for billeting in Department of Defense facilities on the same basis and to the same extent as a member of the armed forces on active duty who is traveling under orders away from the member’s permanent duty station.
(b) Proof of Reason for Travel.—
The Secretary shall include in the regulations the means for confirming a Reserve’s eligibility for billeting under subsection (a).
(c) Lodging in Kind.—
(1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind.
(2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned.
(3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses.
(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.
(Added Pub. L. 106–398, § 1 [[div. A], title VI, § 663(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–168; amended Pub. L. 117–81, div. A, title VI, § 603(a)(1), Dec. 27, 2021, 135 Stat. 1765.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 117–81 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 106–398, § 1 [[div. A], title VI, § 663(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–168, provided that: “Section 12604 of title 10, United States Code, as added by subsection (a), shall apply with respect to periods of inactive-duty training beginning more than 180 days after the date of the enactment of this Act [Oct. 30, 2000].”
10 U.S.C. § 12605 (ARMED FORCES)
§ 12605. Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay
(a) Presentation of Flag.—
Upon the transfer from an active status or discharge of a Reserve who has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the Secretary concerned shall present a United States flag to the member.
(b) Multiple Presentations Not Authorized.—
A member is not eligible for presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
(c) No Cost to Recipient.—
The presentation of a flag under this section shall be at no cost to the recipient.
(Added Pub. L. 106–65, div. A, title VI, § 652(a)(1), Oct. 5, 1999, 113 Stat. 664.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 106–65, div. A, title VI, § 652(d), Oct. 5, 1999, 113 Stat. 665, provided that: “Section 12605 of title 10, United States Code (as added by subsection (a)), section 213 of the Public Health Service Act [42 U.S.C. 214] (as added by subsection (b)), and section 25 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 [33 U.S.C. 853v] (as added by subsection (c)) shall apply with respect to releases from service described in those sections on or after October 1, 1999.”