10 U.S.C. § 10142 — Ready Reserve

Page 3595 TITLE 10—ARMED FORCES § 10142 1 See References in Text note below. § 10113. Air National Guard of the United States: status when not in Federal service When not on active duty, members of the Air National Guard of the United States shall be ad- ministered, armed, equipped, and trained in their status as members of the Air National Guard. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2971.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 8079 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(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. § 10114. Coast Guard Reserve As provided in section 701 1 of title 14, the Coast Guard Reserve is a component of the Coast Guard and is organized, administered, trained, and supplied under the direction of the Commandant of the Coast Guard. Laws applica- ble to the Coast Guard Reserve are set forth in chapter 21 1 of title 14 (14 U.S.C. 701 et seq.). (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2971.) Editorial Notes REFERENCES IN TEXT Section 701 of title 14, referred to in text, was redesig- nated section 3701 of title 14 by Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233, and references to sec- tion 701 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. Chapter 21 of title 14, referred to in text, was com- prised of sections 701 to 713 and 720 to 746, prior to the renumbering of such sections as sections 3701 to 3714 and 3731 to 3757, respectively, of title 14 by Pub. L. 115–282, title I, § 118(b)(2), Dec. 4, 2018, 132 Stat. 4233. After renumbering, such sections now comprise chapter 37 (designated as chapter ‘‘1’’ in chapter analysis) of title 14. 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 1005—ELEMENTS OF RESERVE COMPONENTS Sec. 10141. Ready Reserve; Standby Reserve; Retired Re- serve: placement and status of members; training categories. 10142. Ready Reserve. 10143. Ready Reserve: Selected Reserve. 10144. Ready Reserve: Individual Ready Reserve. 10145. Ready Reserve: placement in. 10146. Ready Reserve: transfer from. 10147. Ready Reserve: training requirements. 10148. Ready Reserve: failure to satisfactorily per- form prescribed training. 10149. Ready Reserve: continuous screening. 10150. Ready Reserve: transfer back from Standby Reserve. 10151. Standby Reserve: composition. 10152. Standby Reserve: inactive status list. 10153. Standby Reserve: status of members. 10154. Retired Reserve. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(3), Feb. 10, 1996, 110 Stat. 496, struck out ‘‘generally’’ after ‘‘Re- serve’’ in item 10142. § 10141. Ready Reserve; Standby Reserve; Re- tired Reserve: placement and status of mem- bers; training categories (a) There are in each armed force a Ready Re- serve, a Standby Reserve, and a Retired Reserve. Each Reserve shall be placed in one of those cat- egories. (b) Reserves who are on the inactive status list of a reserve component, or who are assigned to the inactive Army National Guard or the inac- tive Air National Guard, are in an inactive sta- tus. Members in the Retired Reserve are in a re- tired status. All other Reserves are in an active status. (c) As prescribed by the Secretary concerned, each reserve component except the Army Na- tional Guard of the United States and the Air National Guard of the United States shall be di- vided into training categories according to the degrees of training, including the number and duration of drills or equivalent duties to be com- pleted in stated periods. The designation of training categories shall be the same for all armed forces and the same within the Ready Re- serve and the Standby Reserve. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2972.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 267 and 2001 of this title, prior to re- peal by Pub. L. 103–337, § 1661(a)(2)(A), (3)(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. § 10142. Ready Reserve (a) The Ready Reserve consists of units or Re- serves, or both, liable for active duty as pro- vided in sections 12301 and 12302 of this title. Page 3596 TITLE 10—ARMED FORCES § 10143 (b) The authorized strength of the Ready Re- serve is 2,900,000. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2972.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 268(a) 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. § 10143. Ready Reserve: Selected Reserve (a) Within the Ready Reserve of each of the re- serve components there is a Selected Reserve. The Selected Reserve consists of units, and, as designated by the Secretary concerned, of Re- serves, trained as prescribed in section 10147(a)(1) of this title or section 502(a) of title 32, as appropriate. (b) The organization and unit structure of the Selected Reserve shall be approved— (1) in the case of all reserve components other than the Coast Guard Reserve, by the Secretary of Defense based upon recommenda- tions from the military departments as ap- proved by the Chairman of the Joint Chiefs of Staff in accordance with contingency and war plans; and (2) in the case of the Coast Guard Reserve, by the Secretary of Homeland Security upon the recommendation of the Commandant of the Coast Guard. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2972; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 268(b), (c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 2002—Subsec. (b)(2). 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. 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. § 10144. Ready Reserve: Individual Ready Re- serve (a) Within the Ready Reserve of each of the re- serve components there is an Individual Ready Reserve. The Individual Ready Reserve consists of those members of the Ready Reserve who are not in the Selected Reserve or the inactive Na- tional Guard. (b)(1) Within the Individual Ready Reserve of each reserve component there is a category of members, as designated by the Secretary con- cerned, who are subject to being ordered to ac- tive duty involuntarily in accordance with sec- tion 12304 of this title. A member may not be placed in that mobilization category unless— (A) the member volunteers for that cat- egory; and (B) the member is selected for that category by the Secretary concerned, based upon the needs of the service and the grade and mili- tary skills of that member. (2) A member of the Individual Ready Reserve may not be carried in such mobilization cat- egory of members after the end of the 24-month period beginning on the date of the separation of the member from active service. (3) The Secretary shall designate the grades and military skills or specialities of members to be eligible for placement in such mobilization category. (4) A member in such mobilization category shall be eligible for benefits (other than pay and training) as are normally available to members of the Selected Reserve, as determined by the Secretary of Defense. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 105–85, div. A, title V, § 511(a), Nov. 18, 1997, 111 Stat. 1728.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b). 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. § 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 Na- tional 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 Re- serve 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 Re- serve. However, a member of the Retired Re-