10 U.S.C. § 10215 — Officers of Army National Guard of the

Page 3606 TITLE 10—ARMED FORCES § 10212 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 265 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. § 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, or- ganization, and training of that officer’s re- serve 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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). AMENDMENTS 1994—Pub. L. 103–355 added subsec. (a) and designated existing provisions as subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT 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, imme- diately after the amendments made by the Reserve Of- ficer Personnel Management Act [Pub. L. 103–337, see Tables for classification].’’ 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. § 10213. Reserve components: dual membership prohibited Except as otherwise provided in this title, no person may be a member of more than one re- serve component at the same time. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 261(b) 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. § 10214. Adjutants general and assistant adju- tants 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 per- forms 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 adju- tant 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 281 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 2011—Pub. L. 111–383 substituted ‘‘14508(h)’’ for ‘‘14508(e)’’. 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. § 10215. Officers of Army National Guard of the United States and Air National Guard of the United States: authority with respect to Fed- eral 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 Na- tional 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 Na- tional 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 Page 3607 TITLE 10—ARMED FORCES § 10216 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 Na- tional 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 enlist- ments 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 reen- listed as Reserves of the Army or Reserves of the Air Force for that service. (c) This section shall be carried out under reg- ulations 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3080 and 8080 of this title, prior to re- peal 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. § 10216. Military technicians (dual status) (a) IN GENERAL.—(1) For purposes of this sec- tion and any other provision of law, a military technician (dual status) is a Federal civilian em- ployee who— (A) is employed under section 3101 of title 5 or section 709(b) of title 32; (B) is required as a condition of that employ- ment to maintain membership in the Selected Reserve; and (C) is assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Re- serve or in the maintenance and repair of sup- plies or equipment issued to the Selected Re- serve or the armed forces. (2) Military technicians (dual status) shall be authorized and accounted for as a separate cat- egory of civilian employees. (3) A military technician (dual status) who is employed under section 3101 of title 5 may per- form the following additional duties to the ex- tent that the performance of those duties does not interfere with the performance of the pri- mary duties described in paragraph (1): (A) Supporting operations or missions as- signed in whole or in part to the technician’s unit. (B) Supporting operations or missions per- formed or to be performed by— (i) a unit composed of elements from more than one component of the technician’s armed force; or (ii) a joint forces unit that includes— (I) one or more units of the technician’s component; or (II) a member of the technician’s compo- nent whose reserve component assignment is in a position in an element of the joint forces unit. (C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— (i) active-duty members of the armed forces; (ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (iii) Department of Defense contractor per- sonnel; or (iv) Department of Defense civilian em- ployees. (b) PRIORITY FOR MANAGEMENT OF MILITARY TECHNICIANS (DUAL STATUS).—(1) As a basis for making the annual request to Congress pursuant to section 115(d) of this title for authorization of end strengths for military technicians (dual sta- tus) of the Army and Air Force reserve compo- nents, the Secretary of Defense shall give pri- ority to supporting authorizations for military technicians (dual status) in the following high- priority units and organizations: (A) Units of the Selected Reserve that are scheduled to deploy no later than 90 days after mobilization. (B) Units of the Selected Reserve that are or will deploy to relieve active duty peacetime operations tempo. (C) Those organizations with the primary mission of providing direct support surface and aviation maintenance for the reserve com- ponents of the Army and Air Force, to the ex- tent that the military technicians (dual sta- tus) in such units would mobilize and deploy in a skill that is compatible with their civilian position skill. (2) For each fiscal year, the Secretary of De- fense shall, for the high-priority units and orga- nizations referred to in paragraph (1), seek to achieve a programmed manning level for mili- tary technicians (dual status) that is not less than 90 percent of the programmed manpower structure for those units and organizations for military technicians (dual status) for that fiscal year. (3) Military technician (dual status) authoriza- tions and personnel shall be exempt from any re- quirement (imposed by law or otherwise) for re- ductions in Department of Defense civilian per- sonnel and shall only be reduced as part of mili- tary force structure reductions. (c) INFORMATION REQUIRED TO BE SUBMITTED WITH ANNUAL END STRENGTH AUTHORIZATION RE- QUEST.—(1) The Secretary of Defense shall in- clude as part of the budget justification docu- ments submitted to Congress with the budget of the Department of Defense for any fiscal year