10 U.S.C. § 10202 — Regulations

Page 3602 TITLE 10—ARMED FORCES § 10201 1 See References in Text note below. 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.) Editorial Notes AMENDMENTS 2018—Subsec. (c)(2). Pub. L. 115–232 substituted ‘‘sec- tion 9013’’ for ‘‘section 8013’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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. CHAPTER 1007—ADMINISTRATION OF RESERVE COMPONENTS Sec. 10201. Assistant Secretary of Defense for Manpower and Reserve Affairs. 10202. Regulations. 10203. Reserve affairs: designation of general or flag officer of each armed force. 10204. Personnel records. 10205. Members of Ready Reserve: requirement of notification of change of status. 10206. Members: physical examinations. 10207. Mobilization forces: maintenance. 10208. Annual mobilization exercise. 10209. Regular and reserve components: discrimina- tion prohibited. 10210. Dissemination of information. 10211. Policies and regulations: participation of Re- serve officers in preparation and adminis- tration. 10212. Gratuitous services of officers: authority to accept. 10213. Reserve components: dual membership pro- hibited. 10214. Adjutants general and assistant adjutants general: reference to other officers of Na- tional Guard. 10215. Officers of Army National Guard of the United States and Air National Guard of the United States: authority with respect to Federal status. 10216. Military technicians (dual status). 10217. Non-dual status technicians. 10218. Army and Air Force Reserve technicians: con- ditions for retention; mandatory retirement under civil service laws. 10219. Suicide prevention and resilience program. Editorial Notes AMENDMENTS 2014—Pub. L. 113–291, div. A, title IX, § 902(b)(2), Dec. 19, 2014, 128 Stat. 3470, added item 10201 and struck out former item 10201 ‘‘Assistant Secretary of Defense for Reserve Affairs’’. 2013—Pub. L. 112–239, div. A, title V, § 581(a)(2), Jan. 2, 2013, 126 Stat. 1765, added item 10219. 2006—Pub. L. 109–163, div. A, title VII, § 732(c), Jan. 6, 2006, 119 Stat. 3352, struck out ‘‘periodic’’ before ‘‘phys- ical’’ in item 10206. 1999—Pub. L. 106–65, div. A, title V, §§ 522(a)(2), 523(b), Oct. 5, 1999, 113 Stat. 597, 598, struck out ‘‘military’’ after ‘‘status’’ in item 10217 and added item 10218. 1997—Pub. L. 105–85, div. A, title V, §§ 522(h)(2), 523(a)(2), Nov. 18, 1997, 111 Stat. 1736, 1737, inserted ‘‘(dual status)’’ after ‘‘technicians’’ in item 10216 and added item 10217. 1996—Pub. L. 104–106, div. A, title V, § 513(c)(2), title XV, § 1501(b)(4), Feb. 10, 1996, 110 Stat. 306, 496, struck out ‘‘Individual’’ after ‘‘Members of’’ in item 10205, sub- stituted ‘‘Reserve’’ for ‘‘reserve’’ in item 10211, and added item 10216. § 10201. Assistant Secretary of Defense for Man- power and Reserve Affairs As provided in section 138(b)(2) 1 of this title, the official in the Department of Defense with responsibility for overall supervision of reserve affairs of the Department of Defense is the As- sistant Secretary of Defense for Manpower and Reserve Affairs. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2976; amended Pub. L. 104–106, div. A, title IX, § 903(f)(4), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 113–291, div. A, title IX, § 902(b)(1), Dec. 19, 2014, 128 Stat. 3469.) Editorial Notes REFERENCES IN TEXT Section 138(b)(2) of this title, referred to in text, was struck out and subsec. (b)(4) was redesignated subsec. (b)(2) by Pub. L. 115–91, div. A, title IX, § 907(b), Dec. 12, 2017, 131 Stat. 1514. AMENDMENTS 2014—Pub. L. 113–291 amended section generally. Prior to amendment, text read as follows: ‘‘As provided in section 138(b)(2) of this title, the official in the Depart- ment of Defense with responsibility for overall super- vision of reserve component affairs of the Department of Defense is the Assistant Secretary of Defense for Re- serve Affairs.’’ 1996—Pub. L. 104–106, § 903(a), (f)(4), which directed that this section be amended, eff. Jan. 31, 1997, to read ‘‘The official in the Department of Defense with respon- sibility for overall supervision of reserve component af- fairs of the Department of Defense is the official des- ignated by the Secretary of Defense to have that re- sponsibility.’’, was repealed by Pub. L. 104–201. 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. § 10202. Regulations (a) Subject to standards, policies, and proce- dures prescribed by the Secretary of Defense, the Secretary of each military department shall prescribe such regulations as the Secretary con- siders necessary to carry out provisions of law relating to the reserve components under the Secretary’s jurisdiction. (b) The Secretary of Homeland Security, with the concurrence of the Secretary of the Navy, shall prescribe such regulations as the Secretary considers necessary to carry out all provisions of law relating to the reserve components inso- far as they relate to the Coast Guard, except Page 3603 TITLE 10—ARMED FORCES § 10205 when the Coast Guard is operating as a service in the Navy. (c) So far as practicable, regulations for all re- serve components shall be uniform. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2976; 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 280 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 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. 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. § 10203. Reserve affairs: designation of general or flag officer of each armed force (a) The Secretary of the Army may designate a general officer of the Army to be directly re- sponsible for reserve affairs to the Chief of Staff of the Army. (b) The Secretary of the Navy may designate a flag officer of the Navy to be directly respon- sible for reserve affairs to the Chief of Naval Op- erations and a general officer of the Marine Corps to be directly responsible for reserve af- fairs to the Commandant of the Marine Corps. (c) The Secretary of the Air Force may des- ignate a general officer of the Air Force to be di- rectly responsible for reserve affairs to the Chief of Staff of the Air Force. (d) The Secretary of Homeland Security may designate a flag officer of the Coast Guard to be directly responsible for reserve affairs to the Commandant of the Coast Guard. (e) This section does not affect the functions of the Chief of the National Guard Bureau, the Chief of Army Reserve, or the Chief of Air Force Reserve. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2976; 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 264(a) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 2002—Subsec. (d). 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. § 10204. Personnel records (a) The Secretary concerned shall maintain adequate and current personnel records of each member of the reserve components under the Secretary’s jurisdiction showing the following with respect to the member: (1) Physical condition. (2) Dependency status. (3) Military qualifications. (4) Civilian occupational skills. (5) Availability for service. (6) Such other information as the Secretary concerned may prescribe. (b) Under regulations to be prescribed by the Secretary of Defense, the Secretary of each military department shall maintain a record of the number of members of each class of each re- serve component who, during each fiscal year, have participated satisfactorily in active duty for training and inactive duty training with pay. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 275 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. RECORDS OF SERVICE FOR RESERVES Pub. L. 116–92, div. A, title V, § 570, Dec. 20, 2019, 133 Stat. 1397, provided that: ‘‘(a) ESTABLISHMENT.—Not later than September 30, 2020, the Secretary of Defense shall establish and imple- ment a standard record of service for members of the reserve components of the Armed Forces, similar to DD Form 214, that summarizes the record of service of each such member, including dates of active duty service. ‘‘(b) COORDINATION.—In carrying out this section, the Secretary of Defense shall coordinate with the Sec- retary of Veterans Affairs to ensure that the record es- tablished under this section is acceptable as proof of service for former members of the reserve components of the Armed Forces who are eligible for benefits under laws administered by the Secretary of Veterans Affairs to receive such benefits.’’ § 10205. Members of Ready Reserve: requirement of notification of change of status (a) Each member of the Ready Reserve shall notify the Secretary concerned of any change in the member’s address, marital status, number of