2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle E - Reserve Components (Sections 10001 - 18506)
Part I - Organization and Administration (Sections 10001 - 10543)
Chapter 1005 - Elements of Reserve Components (Sections 10141 - 10154)
Sec. 10149 - Ready Reserve: continuous screening
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle E - Reserve Components PART I - ORGANIZATION AND ADMINISTRATION CHAPTER 1005 - ELEMENTS OF RESERVE COMPONENTS Sec. 10149 - Ready Reserve: continuous screening |
Contains | section 10149 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2974; amended Pub. L. 107-296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114-92, div. A, title V, §511, Nov. 25, 2015, 129 Stat. 808. |
Presidential Document Number | Executive Order 10651 |
Statutes at Large References | 108 Stat. 2974 116 Stat. 2314 129 Stat. 808 |
Public and Private Laws | Public Law 103-337, Public Law 107-296, Public Law 114-92 |
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(a) Under regulations to be prescribed by the President, the Secretary concerned shall provide a system of continuous screening of units and members of the Ready Reserve to ensure the following:
(1) That there will be no significant attrition of those members or units during a mobilization.
(2) That there is a proper balance of military skills.
(3) That except for those with military skills for which there is an overriding requirement, members having critical civilian skills are not retained in numbers beyond the need for those skills.
(4) That with due regard to national security and military requirements, recognition will be given to participation in combat.
(5) That members whose mobilization in an emergency would result in an extreme personal or community hardship are not retained in the Ready Reserve.
(b)(1) In applying Ready Reserve continuous screening under this section, an individual who is both a member of the Ready Reserve and a Member of Congress may not be transferred to the Standby Reserve or discharged on account of the individual's position as a Member of Congress.
(2) The transfer or discharge of an individual who is both a member of the Ready Reserve and a Member of Congress may be ordered—
(A) only by the Secretary of Defense or, in the case of a Member of Congress who also is a member of the Coast Guard Reserve, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy; and
(B) only on the basis of the needs of the service, taking into consideration the position and duties of the individual in the Ready Reserve.
(3) In this subsection, the term "Member of Congress" includes a Delegate or Resident Commissioner to Congress and a Member-elect.
(c) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member of the Ready Reserve who is designated as a member not to be retained in the Ready Reserve as a result of screening under subsection (a) shall, as appropriate, be—
(1) transferred to the Standby Reserve;
(2) discharged; or
(3) if the member is eligible and applies therefor, transferred to the Retired Reserve.
(Added Pub. L. 103–337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2974; amended Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114–92, div. A, title V, §511, Nov. 25, 2015, 129 Stat. 808.)
PRIOR PROVISIONSProvisions similar to those in this section were contained in section 271 of this title, prior to repeal by Pub. L. 103–337, §1661(a)(2)(A).
AMENDMENTS2015—Subsecs. (b), (c). Pub. L. 114–92 added subsec. (b) and redesignated former subsec. (b) as (c).
2002—Subsec. (b). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
EFFECTIVE DATE OF 2002 AMENDMENTAmendment 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.
EX. ORD. NO. 11190. SCREENING OF READY RESERVEEx. Ord. No. 11190, Dec. 29, 1964, 29 F.R. 19183, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 13286, §67, Feb. 28, 2003, 68 F.R. 10630, provided:
By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is ordered as follows:
Section 1. There is delegated to the Secretary of Defense (and to the Secretary of Homeland Security with regard to the United States Coast Guard) the authority vested in the President by section 271 [see 10149] of title 10 of the United States Code to prescribe regulations for the screening of units and members of the Ready Reserve of the Armed Forces.
Sec. 2. Executive Order No. 10651 of January 6, 1956, is revoked.
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