10 U.S.C. § 10174 — Air Force Reserve Command

Page 3601 TITLE 10—ARMED FORCES § 10174 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. IMPLEMENTATION SCHEDULE FOR RESERVE COMPONENT COMMANDS Pub. L. 104–201, div. A, title XII, § 1211(c), Sept. 23, 1996, 110 Stat. 2691, provided that: ‘‘Implementation of chapter 1006 of title 10, United States Code, as added by subsection (a), shall begin not later than 90 days after the date of the enactment of this Act [Sept. 23, 1996] and shall be completed not later than one year after such date.’’ § 10172. Navy Reserve Force (a) ESTABLISHMENT OF COMMAND.—The Sec- retary of the Navy, with the advice and assist- ance of the Chief of Naval Operations, shall es- tablish a Navy Reserve Force. The Navy Reserve Force shall be operated as a separate command of the Navy. (b) COMMANDER.—The Chief of Navy Reserve shall be the commander of the Navy Reserve Force. The commander of the Navy Reserve Force reports directly to the Chief of Naval Op- erations. (c) ASSIGNMENT OF FORCES.—The Secretary of the Navy— (1) shall assign to the Navy Reserve Force specified portions of the Navy Reserve other than forces assigned to the unified combatant command for special operations forces estab- lished pursuant to section 167 of this title; and (2) except as otherwise directed by the Sec- retary of Defense in the case of forces assigned to carry out functions of the Secretary of the Navy specified in section 8013 of this title, shall assign to the combatant commands all such forces assigned to the Navy Reserve Force under paragraph (1) in the manner speci- fied by the Secretary of Defense. (Added Pub. L. 104–201, div. A, title XII, § 1211(a)(1), Sept. 23, 1996, 110 Stat. 2689; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(BB), (3)(G), Jan. 6, 2006, 119 Stat. 3233, 3234; 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 8013’’ for ‘‘section 5013’’. 2006—Pub. L. 109–163, § 515(b)(3)(G), substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in section catchline. Pub. L. 109–163, § 515(b)(1)(BB), substituted ‘‘Navy Re- serve’’ for ‘‘Naval Reserve’’ wherever appearing in text. 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. § 10173. Marine Forces Reserve (a) ESTABLISHMENT.—The Secretary of the Navy, with the advice and assistance of the Commandant of the Marine Corps, shall estab- lish in the Marine Corps a command known as the Marine Forces Reserve. (b) COMMANDER.—The Marine Forces Reserve is commanded by the Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve, reports directly to the Commandant of the Marine Corps. (c) ASSIGNMENT OF FORCES.—The Commandant of the Marine Corps— (1) shall assign to the Marine Forces Reserve the forces of the Marine Corps Reserve sta- tioned in the continental United States other than forces assigned to the unified combatant command for special operations forces estab- lished pursuant to section 167 of this title; and (2) except as otherwise directed by the Sec- retary of Defense in the case of forces assigned to carry out functions of the Secretary of the Navy specified in section 8013 of this title, shall assign to the combatant commands (through the Marine Corps component com- mander for each such command) all such forces assigned to the Marine Forces Reserve 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 8013’’ for ‘‘section 5013’’. 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. § 10174. Air Force Reserve Command (a) ESTABLISHMENT OF COMMAND.—The Sec- retary of the Air Force, with the advice and as- sistance of the Chief of Staff of the Air Force, shall establish an Air Force Reserve Command. The Air Force Reserve Command shall be oper- ated as a separate command of the Air Force. (b) COMMANDER.—The Chief of Air Force Re- serve is the Commander of the Air Force Re- serve Command. The commander of the Air Force Reserve Command reports directly to the Chief of Staff of the Air Force. (c) ASSIGNMENT OF FORCES.—The Secretary of the Air Force— (1) shall assign to the Air Force Reserve Command all forces of the Air Force Reserve stationed in the continental United States other than forces assigned to the unified com- batant command for special operations forces established pursuant to section 167 of this title; and (2) except as otherwise directed by the Sec- retary of Defense in the case of forces assigned to carry out functions of the Secretary of the Air Force specified in section 9013 of this title, 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