10 U.S.C. § 12605 — Presentation of United States flag: mem-

Page 3690 TITLE 10—ARMED FORCES § 12603 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 regu- lations prescribed under section 502 of title 32 or other express provision of law, shall be con- sidered inactive-duty training in Federal serv- ice 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3686 and 8686 of this title, prior to re- peal by Pub. L. 103–337, § 1662(g)(2). 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. § 12603. Attendance at inactive-duty training as- semblies: commercial travel at Federal sup- ply schedule rates (a) FEDERAL SUPPLY SCHEDULE TRAVEL.—Com- mercial travel under Federal supply schedules is authorized for the travel of a Reserve to the lo- cation 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 require- ments, conditions, and restrictions for travel under the authority of subsection (a) as the Sec- retary considers appropriate. The regulations shall include policies and procedures for pre- venting abuses of that travel authority. (c) REIMBURSEMENT NOT AUTHORIZED.—A Re- serve is not entitled to Government reimburse- ment for the cost of travel authorized under sub- section (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.) Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–217 substituted ‘‘section 501 of title 40’’ for ‘‘section 201(a) of the Federal Prop- erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’. § 12604. Billeting in Department of Defense facili- ties: Reserves attending inactive-duty train- ing (a) AUTHORITY FOR BILLETING ON SAME BASIS AS ACTIVE DUTY MEMBERS TRAVELING UNDER OR- DERS.—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 eli- gible for billeting in Department of Defense fa- cilities 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 Sec- retary 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 mem- ber of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transpor- tation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses in- curred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary con- cerned 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 con- cerned. (3) The Secretary may pay service charge ex- penses under paragraph (1) and expenses of pro- viding lodging in kind under such paragraph out of funds appropriated for operation and mainte- nance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. (4) Decisions regarding the availability or ade- quacy of government housing at a military in- stallation 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.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 117–81 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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 sub- section (a), shall apply with respect to periods of inac- tive-duty training beginning more than 180 days after the date of the enactment of this Act [Oct. 30, 2000].’’ § 12605. Presentation of United States flag: mem- bers transferred from an active status or dis- charged after completion of eligibility for re- tired 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 AUTHOR- IZED.—A member is not eligible for presentation Page 3691 TITLE 10—ARMED FORCES § 12642 of a flag under subsection (a) if the member has previously been presented a flag under this sec- tion 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.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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.’’ CHAPTER 1219—STANDARDS AND PROCE- DURES FOR RETENTION AND PROMOTION Sec. 12641. Standards and procedures: Secretary to pre- scribe. 12642. Standards and qualifications: result of failure to comply with. 12643. Boards for appointment, promotion, and cer- tain other purposes: composition. 12644. Members physically not qualified for active duty: discharge or transfer to retired sta- tus. 12645. Commissioned officers: retention until com- pletion of required service. 12646. Commissioned officers: retention of after completing 18 or more, but less than 20, years of service. 12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States prop- erty and fiscal officers. § 12641. Standards and procedures: Secretary to prescribe (a) The Secretary concerned shall, by regula- tion, prescribe— (1) standards and qualifications for the re- tention and promotion of members of the re- serve components under his jurisdiction; and (2) equitable procedures for the periodic de- termination of the compliance of each such Reserve with those standards and qualifica- tions. (b) If a Reserve fails to comply with the stand- ards and qualifications prescribed under sub- section (a), he shall— (1) if qualified, be transferred to an inactive reserve status; (2) if qualified, be retired without pay; or (3) have his appointment or enlistment ter- minated. (Aug. 10, 1956, ch. 1041, 70A Stat. 79, § 1001; re- numbered § 12641 and amended Pub. L. 103–337, div. A, title XVI, § 1662(h)(2), (4)(A), Oct. 5, 1994, 108 Stat. 2996.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1001(a) ..... 1001(b) ..... 10:1036c (1st sentence). 34:440k (1st sentence). 10:1036c (2d sentence). 34:440k (2d sentence). June 29, 1948, ch. 708, § 304 (less last sentence), 62 Stat. 1088. In subsection (a), the words ‘‘As soon as may be prac- ticable after the effective date of sections 1036–1036i [440h–440q] of this title’’ are omitted as executed. The words ‘‘not inconsistent with said sections or any other Act’’ and ‘‘appropriate’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 1001 of this title as this section and substituted ‘‘Standards and procedures: Secretary to prescribe’’ for ‘‘Secretary to prescribe’’ as section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 12642. Standards and qualifications: result of failure to comply with (a) To be retained in an active status, a re- serve commissioned officer must, in any applica- ble yearly period, attain the number of points under section 12732(a)(2) of this title prescribed by the Secretary concerned, with the approval of the Secretary of Defense in the case of a Sec- retary of a military department, and must con- form to such other standards and qualifications as the Secretary concerned may prescribe. The Secretary may not prescribe a minimum of more than 50 points under this subsection. (b) Subject to section 12645 of this title, a re- serve commissioned officer who fails to attain the number of points, or to conform to the standards and qualifications, prescribed in sub- section (a) shall— (1) be transferred to the Retired Reserve if he is qualified and applies therefor; (2) if he is not qualified or does not apply for transfer to the Retired Reserve, be transferred to an inactive status, if he is qualified there- for; or (3) if he is not transferred to the Retired Re- serve or an inactive status, be discharged from his reserve appointment. (c) This section does not apply to commis- sioned warrant officers or to adjutants general or assistant adjutants general of States, Puerto Rico, and the District of Columbia. (Added Pub. L. 85–861, § 1(22)(A), Sept. 2, 1958, 72 Stat. 1443, § 1002; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12642 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(2), 1675(d)(1), Oct. 5, 1994, 108 Stat. 2996, 3018; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)