10 U.S.C. § 10148 — Ready Reserve: failure to satisfactorily

Page 3598 TITLE 10—ARMED FORCES § 10148 [10 U.S.C. 10147(a)], as added by paragraph (1), applies only to persons who were inducted, enlisted, or ap- pointed in an armed force after August 9, 1955.’’ § 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 pre- scribed in that section, as determined by the Secretary concerned under regulations pre- scribed by the Secretary of Defense, may be or- dered 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 per- form satisfactorily the training duty prescribed by or under law for members of the Army Na- tional Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Gov- ernor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be or- dered, without his consent, to perform addi- tional 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 Re- serve 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 270(b), (c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, 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 Na- tional Guard of the United States or the Air National Guard of the United States after October 4, 1961.’’ § 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 fol- lowing: (1) That there will be no significant attrition of those members or units during a mobiliza- tion. (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 per- sonal or community hardship are not retained in the Ready Reserve. (b)(1) In applying Ready Reserve continuous screening under this section, an individual who is both a member of the Ready Reserve and a Member of Congress may not be transferred to the Standby Reserve or discharged on account of the individual’s position as a Member of Con- gress. (2) The transfer or discharge of an individual who is both a member of the Ready Reserve and a Member of Congress may be ordered— (A) only by the Secretary of Defense or, in the case of a Member of Congress who also is a member of the Coast Guard Reserve, the Secretary of the Department in which the Coast Guard is operating when it is not oper- ating as a service in the Navy; and (B) only on the basis of the needs of the serv- ice, taking into consideration the position and duties of the individual in the Ready Reserve. (3) In this subsection, the term ‘‘Member of Congress’’ includes a Delegate or Resident Com- missioner to Congress and a Member-elect. (c) 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; Pub. L. 114–92, div. A, title V, § 511, Nov. 25, 2015, 129 Stat. 808.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 271 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 2015—Subsecs. (b), (c). Pub. L. 114–92 added subsec. (b) and redesignated former subsec. (b) as (c). 2002—Subsec. (b). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT 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.