10 U.S.C. § 10207 — Mobilization forces: maintenance

Page 3604 TITLE 10—ARMED FORCES § 10206 dependents, or civilian employment and of any change in the member’s physical condition that would prevent the member from meeting the physical or mental standards prescribed for the member’s armed force. (b) This section shall be administered under regulations prescribed by the Secretary of De- fense and by the Secretary of Homeland Secu- rity with respect to the Coast Guard when it is not operating as a service in the Navy. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977; 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 652 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(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. § 10206. Members: physical examinations (a) Each member of the Selected Reserve who is not on active duty shall— (1) have a comprehensive medical readiness health and dental assessment on an annual basis, including routine annual preventive health care screening and periodic comprehen- sive physical examinations in accordance with regulations prescribed by the Secretary of De- fense that reflect morbidity and mortality risks associated with the military service, age, and gender of the member; and (2) execute and submit to the Secretary con- cerned on an annual basis documentation of the medical and dental readiness of the mem- ber to perform military duties. (b) A member of the Individual Ready Reserve or inactive National Guard shall be examined for physical fitness as necessary to determine the member’s physical fitness for— (1) military duty or promotion; (2) attendance at a school of the armed forces; or (3) other action related to career progres- sion. (c) Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually to the Sec- retary concerned a certificate of physical condi- tion. (d) The kind of duty to which a Reserve or- dered to active duty may be assigned shall be considered in determining physical qualifica- tions for active duty. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977; amended Pub. L. 107–107, div. A, title V, § 516, Dec. 28, 2001, 115 Stat. 1094; Pub. L. 109–163, div. A, title VII, § 732(a), (b), Jan. 6, 2006, 119 Stat. 3351, 3352.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1004(a), (b) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(4)(A). AMENDMENTS 2006—Pub. L. 109–163, § 732(b), struck out ‘‘periodic’’ before ‘‘physical’’ in section catchline. Subsec. (a)(1). Pub. L. 109–163, § 732(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘be examined as to the member’s physical fitness every five years, or more often as the Secretary con- cerned considers necessary; and’’. Subsec. (a)(2). Pub. L. 109–163, § 732(a)(2), substituted ‘‘to the Secretary concerned on an annual basis docu- mentation of the medical and dental readiness of the member to perform military duties’’ for ‘‘annually to the Secretary concerned a certificate of physical condi- tion’’. 2001—Subsec. (a). Pub. L. 107–107, § 516(a)(1), (2), sub- stituted ‘‘Selected Reserve’’ for ‘‘Ready Reserve’’ in in- troductory provisions and redesignated concluding pro- visions as subsec. (c). Subsec. (a)(1). Pub. L. 107–107, § 516(b), substituted ‘‘the member’s physical fitness’’ for ‘‘his physical fit- ness’’. Subsec. (b). Pub. L. 107–107, § 516(a)(4), added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 107–107, § 516(a)(2), redesignated concluding provisions of subsec. (a) as (c). Subsec. (d). Pub. L. 107–107, § 516(a)(3), redesignated subsec. (b) as (d). 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. § 10207. Mobilization forces: maintenance (a) Whenever units or members of the reserve components are ordered to active duty (other than for training) during a period of partial mo- bilization, the Secretary concerned shall con- tinue to maintain mobilization forces by plan- ning and budgeting for the continued organiza- tion and training of the reserve components not mobilized, and make the fullest practicable use of the Federal facilities vacated by mobilized units, consistent with approved joint mobiliza- tion plans. (b) In this section, the term ‘‘partial mobiliza- tion’’ means the mobilization resulting from ac- tion by Congress or the President, under any law, to bring units of any reserve component, and members not assigned to units organized to serve as units, to active duty for a limited ex- pansion of the active armed forces. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2977.) Page 3605 TITLE 10—ARMED FORCES § 10211 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 276 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. § 10208. Annual mobilization exercise (a) The Secretary of Defense shall conduct at least one major mobilization exercise each year. The exercise should be as comprehensive and as realistic as possible and should include the par- ticipation of associated active component and reserve component units. (b) The Secretary shall maintain a plan to test periodically each active component and reserve component unit based in the United States and all interactions of such units, as well as the sustainment of the forces mobilized as part of the exercise, with the objective of permitting an evaluation of the adequacy of resource alloca- tion and planning. (c)(1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobiliza- tion exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Serv- ice Act (50 U.S.C. 3801 et seq.), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. (2) The exercise under this subsection— (A) shall include a review of national mobili- zation strategic and operational concepts; and (B) shall include a simulation of a mobiliza- tion of all armed forces and reserve units, with plans and processes for incorporating Selec- tive Service System inductees. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978; amended Pub. L. 117–81, div. A, title V, § 527(a), Dec. 27, 2021, 135 Stat. 1689.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of div. A of Pub. L. 117–81, which was approved Dec. 27, 2021. The Military Selective Service Act, referred to in subsec. (c)(1), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 98–525, title V, § 552(e), Oct. 19, 1984, 98 Stat. 2531, which was set out in a note under section 12001 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(B). AMENDMENTS 2021—Subsec. (c). Pub. L. 117–81 added subsec. (c). 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. § 10209. Regular and reserve components: dis- crimination prohibited Laws applying to both Regulars and Reserves shall be administered without discrimination— (1) among Regulars; (2) among Reserves; and (3) between Regulars and Reserves. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 277 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. § 10210. Dissemination of information The Secretary of Defense shall require the complete and current dissemination, to all Re- serves and to the public, of information of inter- est to the reserve components. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 278 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. § 10211. Policies and regulations: participation of Reserve officers in preparation and adminis- tration Within such numbers and in such grades and assignments as the Secretary concerned may prescribe, each armed force shall have officers of its reserve components on active duty (other than for training) at the seat of government, and at headquarters responsible for reserve af- fairs, to participate in preparing and admin- istering the policies and regulations affecting those reserve components. While so serving, such an officer is an additional number of any staff with which he is serving. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2978.)