10 U.S.C. § 10302 — Army Reserve Forces Policy Committee

Page 3615 TITLE 10—ARMED FORCES § 10302 (B) one of whom shall be an active or re- tired officer of the Marine Corps Reserve. (4) Two active or retired reserve officers or enlisted members designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force— (A) one of whom shall be a member of the Air National Guard of the United States or a former member of the Air National Guard of the United States in the Retired Reserve; and (B) one of whom shall be a member or re- tired member of the Air Force Reserve. (5) One active or retired reserve officer or enlisted member of the Coast Guard des- ignated by the Secretary of Homeland Secu- rity. (6) Ten persons appointed or designated by the Secretary of Defense, each of whom shall be a United States citizen having significant knowledge of and experience in policy matters relevant to national security and reserve com- ponent matters and shall be one of the fol- lowing: (A) An individual not employed in any Federal or State department or agency. (B) An individual employed by a Federal or State department or agency. (C) An officer of a regular component of the armed forces on active duty, or an offi- cer of a reserve component of the armed forces in an active status, who— (i) is serving or has served in a senior po- sition on the Joint Staff, the headquarters staff of a combatant command, or the headquarters staff of an armed force; and (ii) has experience in joint professional military education, joint qualification, and joint operations matters. (7) A reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general or flag officer recommended by the chair and des- ignated by the Secretary of Defense, who shall serve without vote— (A) as military adviser to the chair; (B) as military executive officer of the Board; and (C) as supervisor of the operations and staff of the Board. (8) A senior enlisted member of a reserve component recommended by the chair and des- ignated by the Secretary of Defense, who shall serve without vote as enlisted military adviser to the chair. (d) MATTERS TO BE ACTED ON.—The Board may act on those matters referred to it by the chair and on any matter raised by a member of the Board or the Secretary of Defense. (e) STAFF.—The Board shall be supported by a staff consisting of one full-time officer from each of the reserve components listed in para- graphs (1) through (6) of section 10101 of this title who holds the grade of colonel (or in the case of the Navy, the grade of captain) or who has been selected for promotion to that grade. These officers shall also serve as liaisons be- tween their respective components and the Board. They shall perform their staff and liaison duties under the supervision of the military ex- ecutive officer of the Board in an independent manner reflecting the independent nature of the Board. (f) RELATIONSHIP TO SERVICE RESERVE POLICY COMMITTEES AND BOARDS.—This section does not affect the committees and boards prescribed within the military departments by sections 10302 through 10305 of this title, and a member of such a committee or board may, if otherwise eli- gible, be a member of the Board. (Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(1), Oct. 5, 1994, 108 Stat. 2980; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title V, § 515(b)(1)(CC), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 111–383, div. A, title V, § 514(a)(1), Jan. 7, 2011, 124 Stat. 4211.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 175 of this title, prior to amendment by Pub. L. 103–337, § 1661(b)(3). AMENDMENTS 2011—Pub. L. 111–383 amended section generally. Prior to amendment, section related to the composition and functions of the Reserve Forces Policy Board. 2006—Subsec. (a)(7). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2002—Subsec. (b). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title V, § 514(a)(2), Jan. 7, 2011, 124 Stat. 4213, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on July 1, 2011.’’ 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. § 10302. Army Reserve Forces Policy Committee (a) There is in the Office of the Secretary of the Army an Army Reserve Forces Policy Com- mittee. The Committee shall review and com- ment upon major policy matters directly affect- ing the reserve components and the mobilization preparedness of the Army. The Committee’s comments on such policy matters shall accom- pany the final report regarding any such mat- ters submitted to the Secretary of the Army and the Chief of Staff. (b) The Committee consists of officers in the grade of colonel or above, as follows: (1) five members of the Regular Army on duty with the Army General Staff; (2) five members of the Army National Guard of the United States; and (3) five members of the Army Reserve. (c) The members of the Committee shall select the Chairman from among the members of the reserve components on the Committee. Page 3616 TITLE 10—ARMED FORCES § 10303 (d) A majority of the members of the Com- mittee shall act whenever matter affecting both the Army National Guard of the United States and Army Reserve are being considered. How- ever, when any matter solely affecting one of the reserve components of the Army is being considered, it shall be acted upon only by the Subcommittee on Army National Guard Policy or the Subcommittee on Army Reserve Policy, as appropriate. (e) The Subcommittee on Army National Guard Policy consists of the members of the Committee other than the Army Reserve mem- bers. (f) The Subcommittee on Army Reserve Policy consists of the members of the Committee other than the Army National Guard members. (g) Membership on the Committee is deter- mined by the Secretary of the Army and is for a minimum period of three years. Except in the case of members of the Committee from the Regular Army, the Secretary of the Army, when appointing new members, shall insure that among the officers of each component on the Committee there will at all times be two or more members with more than one year of con- tinuous service on the Committee. (h) There shall be not less than 10 officers of the Army National Guard of the United States and the Army Reserve on duty with the Army Staff, one-half of whom shall be from each of those components. These officers shall be con- sidered as additional members of the Army Staff while on that duty. (Aug. 10, 1956, ch. 1041, 70A Stat. 161, § 3033; Pub. L. 85–861, § 33(a)(17), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 90–168, § 2(18), Dec. 1, 1967, 81 Stat. 524; re- numbered § 3021 and amended Pub. L. 99–433, title V, § 501(a)(8), Oct. 1, 1986, 100 Stat. 1039; renum- bered § 10302, Pub. L. 103–337, div. A, title XVI, § 1661(b)(2)(A), Oct. 5, 1994, 108 Stat. 2981; Pub. L. 115–232, div. A, title V, § 516, Aug. 13, 2018, 132 Stat. 1753.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3033(a) ..... 3033(b) ..... 3033(c) ..... 3033(d) ..... 3033(e) ..... 3033(f) ..... 10:38 (1st par., less last 37 words). 10:38 (last 37 words of 1st par.). 10:38 (1st sentence, less proviso of 2d par.). 10:38 (proviso of 1st sen- tence of 2d par.). 10:38 (2d sentence, and 3d sentence less proviso, of 2d par.). 10:38 (proviso of 3d sen- tence, and last sen- tence, of 2d par.). June 3, 1916, ch. 134, § 5 (less last par.); June 4, 1920, ch. 227, subch. I, § 5 (1st 7 pars.); Sept. 22, 1922, ch. 423, § 1; July 2, 1926, ch. 721, § 5; May 21, 1928, ch. 647; added June 15, 1933, ch. 87, § 2 (less last par.), 48 Stat. 153; June 3, 1938, ch. 319; July 14, 1939, ch. 269; June 28, 1950, ch. 383, § 401(b), 64 Stat. 271. In subsection (a), the words ‘‘the following subjects’’ are inserted for clarity. In subsections (a) and (c), the words ‘‘of officers’’, after the word ‘‘committee’’, are inserted for clarity. The words ‘‘and of’’ are substituted for the words ‘‘to which shall be added’’. In subsection (e), the words ‘‘For the purpose speci- fied herein’’ are omitted as surplusage. The words ‘‘on that duty’’ are substituted for the words ‘‘so serving’’. 1958 ACT The change is necessary to make subsection (d) coex- tensive with subsection (c), to which it was a proviso in the source law, the Act of June 3, 1916, chapter 134, sec- tion 5 (1st sentence of 2d par.) (formerly 10 U.S.C. 38 (1st sentence of 2d par.)). Editorial Notes AMENDMENTS 2018—Subsec. (b)(2), (3). Pub. L. 115–232, § 516(1), struck out ‘‘not on active duty’’ after ‘‘United States’’ in par. (2) and after ‘‘Army Reserve’’ in par. (3). Subsec. (c). Pub. L. 115–232, § 516(2), inserted ‘‘of the reserve components’’ after ‘‘among the members’’ and struck out ‘‘not on active duty’’ before period at end. 1994—Pub. L. 103–337 renumbered section 3021 of this title as this section. 1986—Pub. L. 99–433, § 501(a)(8)(C), renumbered section 3033 of this title as this section, and substituted ‘‘Army Reserve Forces Policy Committee’’ for ‘‘Reserve com- ponents of Army; policies and regulations for govern- ment of’’ in section catchline. Subsec. (a). Pub. L. 99–433, § 501(a)(8)(A), substituted ‘‘Office’’ for ‘‘office’’ and ‘‘Committee. The Committee’’ for ‘‘Committee which’’, inserted ‘‘and the mobilization preparedness’’, and substituted ‘‘Army. The’’ for ‘‘Army, and the’’ and ‘‘Secretary of the Army and the Chief of Staff’’ for ‘‘Chief of Staff and the Assistant Secretary responsible for reserve affairs’’. Subsec. (h). Pub. L. 99–433, § 501(a)(8)(B), struck out ‘‘General’’ before ‘‘Staff’’ in two places. 1967—Pub. L. 90–168 amended section generally, and restated with certain changes the existing authority relating to the Army Reserve Forces Policy Committee within the Office of the Secretary of the Army, reduced the membership of the Committee from 21 to 15, re- duced the grade requirements so as to permit inclusion of colonels, and provided that the Committee review and comment upon all major policies affecting Army Reserve matters and that the Committee comments ac- company any final submission to the Chief of Staff and Assistant Secretary responsible for Reserve Affairs. 1958—Subsec. (d). Pub. L. 85–861 substituted ‘‘affect- ing the organization, distribution, training, appoint- ment, assignment, promotion, or discharge of members of the Army Reserve and those of either’’ for ‘‘affecting the Army Reserve and either’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–168 effective on first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see sec- tion 7 of Pub. L. 90–168, set out as a note under section 138 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. § 10303. Navy Reserve Policy Board A Navy Reserve Policy Board shall be con- vened at least once annually at the seat of gov- ernment to consider, recommend, and report to the Secretary of the Navy on reserve policy matters. At least half of the members of the Board must be officers of the Navy Reserve. (Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(1), Oct. 5, 1994, 108 Stat. 2981; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(DD), (3)(H), Jan. 6, 2006, 119 Stat. 3233, 3234.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5251(c) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).