§ 10001. Definition of State

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1661(a)(1) · 108 Stat. 2663

   Enacted · 10 U.S.C. § 10001

   (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2969.)

   Source evidence

   Code source credit
   (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2969.)

   Enacted provision · exact public law section
   (1) Subtitle E, as added by section 1611, is amended by inserting after the table of chapters at the beginning of the subtitle the following: “PART I— ORGANIZATION AND ADMINISTRATION “Chap. “1001. Definitions “1003. Reserve Components Generally “1005. Elements of Reserve Components “1007. Administration of Reserve Components “1009. Reserve Forces Policy Boards and Committees “1011. National Guard Bureau “1013. Budget Information and Annual Reports to Congress “CHAPTER 1001— DEFINITIONS “Sec. “10001. Definition of State. “§ 10001. Definition of State “In this subtitle, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. “CHAPTER 1003— RESERVE COMPONENTS GENERALLY “Sec. “10101. Reserve components named. “10102. Purpose of reserve components. “10103. Basic policy for order of National Guard into Federal service. “10104. Army Reserve: composition. “10105. Army National Guard of the United States: composition. “10106. Army National Guard: when a component of the Army. “10107. Army National Guard of the United States: status when not in Federal service. “10108. Naval Reserve: administration. “10109. Marine Corps Reserve: administration. “10110. Air Force Reserve: composition. “10111. Air National Guard of the United States: composition. “10112. Air National Guard: when a component of the Air Force. “10113. Air National Guard of the United States: status when not in Federal service. “10114. Coast Guard Reserve. “§ 10101. Reserve components named “The reserve components of the armed forces are: “(1) The Army National Guard of the United States. “(2) The Army Reserve. “(3) The Naval Reserve. “(4) The Marine Corps Reserve. “(5) The Air National Guard of the United States. “(6) The Air Force Reserve. “(7) The Coast Guard Reserve. “§ 10102. Purpose of reserve components “The purpose of each reserve component is to provide trained units and qualified persons available for active duty in the armed forces, in time of war or national emergency, and at such other times as the national security may require, to fill the needs of the armed forces whenever, during and after the period needed to procure and train additional units and qualified persons to achieve the planned mobilization, more units and persons are needed than are in the regular components. “§ 10103. Basic policy for order of the National Guard and reserve components to active duty “Whenever Congress determines that more units and organizations are needed for the national security than are in the regular components of the ground and air forces, the Army National Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with units of other reserve components necessary for a balanced force, shall be ordered to active duty and retained as long as so needed. “§ 10104. Army Reserve: composition “The Army Reserve includes all Reserves of the Army who are not members of the Army National Guard of the United States. “§ 10105. Army National Guard of the United States: composition “The Army National Guard of the United States is the reserve component of the Army that consists of— “(1) federally recognized units and organizations of the Army National Guard; and “(2) members of the Army National Guard who are also Reserves of the Army. “§ 10106. Army National Guard: when a component of the Army “The Army National Guard while in the service of the United States is a component of the Army. “§ 10107. Army National Guard of the United States: status when not in Federal service “When not on active duty, members of the Army National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Army National Guard. “§ 10108. Naval Reserve: administration “(a) The Naval Reserve is the reserve component of the Navy. It shall be organized, administered, trained, and supplied under the direction of the Chief of Naval Operations. “(b) The bureaus and offices of the executive part of the Department of the Navy have the same relation and responsibility to the Naval Reserve as they do to the Regular Navy. “§ 10109. Marine Corps Reserve: administration “(a) The Marine Corps Reserve is the reserve component of the Marine Corps. It shall be organized, administered, trained, and supplied under the direction of the Commandant of the Marine Corps. “(b) The departments and offices of Headquarters, Marine Corps have the same relation and responsibilities to the Marine Corps Reserve as they do to the Regular Marine Corps. “§ 10110. Air Force Reserve: composition “The Air Force Reserve is a reserve component of the Air Force to provide a reserve for active duty. It consists of the members of the officers’ section of the Air Force Reserve and of the enlisted section of the Air Force Reserve. It includes all Reserves of the Air Force who are not members of the Air National Guard of the United States. “§10111. Air National Guard of the United States: composition “The Air National Guard of the United States is the reserve component of the Air Force that consists of— “(1) federally recognized units and organizations of the Air National Guard; and “(2) members of the Air National Guard who are also Reserves of the Air Force. “§10112. Air National Guard: when a component of the Air Force “The Air National Guard while in the service of the United States is a component of the Air Force. “§10113. Air National Guard of the United States: status when not in Federal service “When not on active duty, members of the Air National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Air National Guard. “§ 10114. Coast Guard Reserve “As provided in section 701 of title 14, the Coast Guard Reserve is a component of the Coast Guard and is organized, administered, trained, and supplied under the direction of the Commandant of the Coast Guard. Laws applicable to the Coast Guard Reserve are set forth in chapter 21 of title 14 (14 U.S.C. 701 et seq.). “CHAPTER 1005— ELEMENTS OF RESERVE COMPONENTS “Sec. “10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status of members; training categories. “10142. Ready Reserve generally. “10143. Ready Reserve: Selected Reserve. “10144. Ready Reserve: Individual Ready Reserve. “10145. Ready Reserve: placement in. “10146. Ready Reserve: transfer from. “10147. Ready Reserve: training requirements. “10148. Ready Reserve: failure to satisfactorily perform prescribed training. “10149. Ready Reserve: continuous screening. “10150. Ready Reserve: transfer back from Standby Reserve. “10151. Standby Reserve: composition. “10152. Standby Reserve: inactive status list. “10153. Standby Reserve: status of members. “10154. Retired Reserve. “§ 10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status of members; training categories “(a) There are in each armed force a Ready Reserve, a Standby Reserve, and a Retired Reserve. Each Reserve shall be placed in one of those categories. “(b) Reserves who are on the inactive status list of a reserve component, or who are assigned to the inactive Army National Guard or the inactive Air National Guard, are in an inactive status. Members in the Retired Reserve are in a retired status. All other Reserves are in an active status. “(c) As prescribed by the Secretary concerned, each reserve component except the Army National Guard of the United States and the Air National Guard of the United States shall be divided into training categories according to the degrees of training, including the number and duration of drills or equivalent duties to be completed in stated periods. The designation of training categories shall be the same for all armed forces and the same within the Ready Reserve and the Standby Reserve. “§ 10142. Ready Reserve “(a) The Ready Reserve consists of units or Reserves, or both, liable for active duty as provided in sections 12301 and 12302 of this title. “(b) The authorized strength of the Ready Reserve is 2,900,000. “§ 10143. Ready Reserve: Selected Reserve “(a) Within the Ready Reserve of each of the reserve components there is a Selected Reserve. The Selected Reserve consists of units, and, as designated by the Secretary concerned, of Reserves, trained as prescribed in section 10147(a)(1) of this title or section 502(a) of title 32, as appropriate. “(b) The organization and unit structure of the Selected Reserve shall be approved— “(1) in the case of all reserve components other than the Coast Guard Reserve, by the Secretary of Defense based upon recommendations from the military departments as approved by the Chairman of the Joint Chiefs of Staff in accordance with contingency and war plans; and “(2) in the case of the Coast Guard Reserve, by the Secretary of Transportation upon the recommendation of the Commandant of the Coast Guard. “§ 10144. Ready Reserve: Individual Ready Reserve “Within the Ready Reserve of each of the reserve components there is an Individual Ready Reserve. The Individual Ready Reserve consists of those members of the Ready Reserve who are not in the Selected Reserve or the inactive National Guard. “§ 10145. Ready Reserve: placement in “(a) Each person required under law to serve in a reserve component shall, upon becoming a member, be placed in the Ready Reserve of his armed force for his prescribed term of service, unless he is transferred to the Standby Reserve under section 10146(a) of this title. “(b) The units and members of the Army National Guard of the United States and of the Air National Guard of the United States are in the Ready Reserve of the Army and the Ready Reserve of the Air Force, respectively. “(c) All Reserves assigned to units organized to serve as units and designated as units in the Ready Reserve are in the Ready Reserve. “(d) Under such regulations as the Secretary concerned may Regulations. prescribe, any qualified member of a reserve component or any qualified retired enlisted member of a regular component may, upon his request, be placed in the Ready Reserve. However, a member of the Retired Reserve entitled to retired pay or a retired enlisted member of a regular component may not be placed in the Ready Reserve unless the Secretary concerned makes a special finding that the member’s services in the Ready Reserve are indispensable. The Secretary concerned may not delegate his authority under the preceding sentence. “§ 10146. Ready Reserve: transfer from “(a) Subject to subsection (c) and under regulations prescribed Regulations. by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a member in the Ready Reserve may be transferred to the Standby Reserve. “(b) A Reserve who is qualified and so requests may be transferred to the Retired Reserve under regulations prescribed by the Secretary concerned and, in the case of the Secretary of a military department, approved by the Secretary of Defense. “(c) A member of the Army National Guard of the United States or the Air National Guard of the United States may be transferred to the Standby Reserve only with the consent of the governor or other appropriate authority of the State. “§ 10147. Ready Reserve: training requirements “(a) Except as specifically provided in regulations to be prescribed Regulations. by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, each person who is enlisted, inducted, or appointed in an armed force, and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the Ready Reserve, to— “(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year; or “(2) serve on active duty for training not more than 30 days during each year. “(b) A member who has served on active duty for one year or longer may not be required to perform a period of active duty for training if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve. “§ 10148. Ready Reserve: failure to satisfactorily perform prescribed training “(a) Regulations. A member of the Ready Reserve covered by section 10147 of this title who fails in any year to perform satisfactorily the training duty prescribed in that section, as determined by the Secretary concerned under regulations prescribed by the Secretary of Defense, may be ordered without his consent to perform additional active duty for training for not more than 45 days. If the failure occurs during the last year of his required membership in the Ready Reserve, his membership is extended until he performs that additional active duty for training, but not for more than six months. “(b) A member of the Army National Guard of the United States or the Air National Guard of the United States who fails in any year to perform satisfactorily the training duty prescribed by or under law for members of the Army National Guard or the Air National Guard, as the case may be, as determined by the Secretary concerned, may, upon the request of the Governor of the State (or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard) be ordered, without his consent, to perform additional active duty for training for not more than 45 days. A member ordered to active duty under this subsection shall be ordered to duty as a Reserve of the Army or as a Reserve of the Air Force, as the case may be. “§ 10149. Ready Reserve: continuous screening “(a) President.Regulations. 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) Under regulations to be prescribed by the Secretary of Regulations. Defense, and by the Secretary of Transportation 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. “§ 10150. Ready Reserve: transfer back from Standby Reserve “Under regulations to be prescribed by the Secretary of Defense, Regulations. and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a member of the Standby Reserve who has not completed his required period of service in the Ready Reserve may be transferred to the Ready Reserve when the reason for his transfer to the Standby Reserve no longer exists. “§ 10151. Standby Reserve: composition “The Standby Reserve consists of those units or members, or both, of the reserve components, other than those in the Ready Reserve or Retired Reserve, who are liable for active duty only as provided in sections 12301 and 12306 of this title. “§ 10152. Standby Reserve: inactive status list “An inactive status list shall be maintained in the Standby Regulations. Reserve. Whenever an authority designated by the Secretary concerned considers that it is in the best interest of the armed force concerned, a member in the Standby Reserve who is not required to remain a Reserve, and who cannot participate in prescribed training, may, if qualified, be transferred to the inactive status list under regulations to be prescribed by the Secretary concerned. These regulations shall fix the conditions under which such a member is entitled to be returned to an active status. “§ 10153. Standby Reserve: status of members “While in an inactive status, a Reserve is not eligible for pay or promotion and (as provided in section 12734(a) of this title) does not accrue credit for years of service under chapter 1223 of this title. “§ 10154. Retired Reserve “The Retired Reserve consists of the following Reserves: “(1) Reserves who are or have been retired under section 3911, 6323, or 8911 of this title or under section 291 of title 14. “(2) Reserves who have been transferred to the Retired Reserve upon their request, retain their status as Reserves, and are otherwise qualified. “CHAPTER 1007— ADMINISTRATION OF RESERVE COMPONENTS “Sec. “10201. Assistant Secretary of Defense for Reserve Affairs. “10202. Regulations. “10203. Reserve affairs: designation of general or flag officer of each armed force. “10204. Personnel records. “10205. Members of Individual Ready Reserve: requirement of notification of change of status. “10206. Members: periodic physical examinations. “10207. Mobilization forces: maintenance. “10208. Annual mobilization exercise. “10209. Regular and reserve components: discrimination prohibited. “10210. Dissemination of information. “10211. Policies and regulations: participation of reserve officers in preparation and administration. “10212. Gratuitous services of officers: authority to accept. “10213. Reserve components: dual membership prohibited. “10214. Adjutants general and assistant adjutants general: reference to other officers of National 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. “§ 10201. Assistant Secretary of Defense for Reserve Affairs “As provided in section 138(b)(2) of this title, the official in the Department of Defense with responsibility for overall supervision of reserve component affairs of the Department of Defense is the Assistant Secretary of Defense for Reserve Affairs. “§ 10202. Regulations “(a) Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department shall prescribe such regulations as the Secretary considers necessary to carry out provisions of law relating to the reserve components under the Secretary’s jurisdiction. “(b) The Secretary of Transportation, 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 insofar as they relate to the Coast Guard, except when the Coast Guard is operating as a service in the Navy. “(c) So far as practicable, regulations for all reserve components shall be uniform. “§ 10203. Reserve affairs: designation of general or flag officer of each armed force “(a) The Secretary of the Army may designate a general officer of the Army to be directly responsible for reserve affairs to the Chief of Staff of the Army. “(b) The Secretary of the Navy may designate a flag officer of the Navy to be directly responsible for reserve affairs to the Chief of Naval Operations and a general officer of the Marine Corps to be directly responsible for reserve affairs to the Commandant of the Marine Corps. “(c) The Secretary of the Air Force may designate a general officer of the Air Force to be directly responsible for reserve affairs to the Chief of Staff of the Air Force. “(d) The Secretary of Transportation may designate a flag officer of the Coast Guard to be directly responsible for reserve affairs to the Commandant of the Coast Guard. “(e) This section does not affect the functions of the Chief of the National Guard Bureau, the Chief of Army Reserve, or the Chief of Air Force Reserve. “§ 10204. Personnel records “(a) The Secretary concerned shall maintain adequate and current personnel records of each member of the reserve components under the Secretary’s jurisdiction showing the following with respect to the member: “(1) Physical condition. “(2) Dependency status. “(3) Military qualifications. “(4) Civilian occupational skills. “(5) Availability for service. “(6) Such other information as the Secretary concerned may prescribe. “(b) Under regulations to be prescribed by the Secretary of Regulations. Defense, the Secretary of each military department shall maintain a record of the number of members of each class of each reserve component who, during each fiscal year, have participated satisfactorily in active duty for training and inactive duty training with pay. “§ 10205. Members of Ready Reserve: requirement of notification of change of status “(a) Each member of the Ready Reserve shall notify the Secretary concerned of any change in the member’s address, marital status, number of 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 Regulations. by the Secretary of Defense and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. “§ 10206. Members: periodic physical examinations “(a) Each member of the Ready Reserve who is not on active duty shall— “(1) be examined as to his physical fitness every five years, or more often as the Secretary concerned considers necessary; and “(2) execute and submit annually to the Secretary concerned a certificate of physical condition. 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 Secretary concerned a certificate of physical condition. “(b) The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty. “§ 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 mobilization, the Secretary concerned shall continue to maintain mobilization forces by planning and budgeting for the continued organization 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 mobilization plans. “(b) In this section, the term ‘partial mobilization’ means the mobilization resulting from action 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 expansion of the active armed forces. “§ 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 participation 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 allocation and planning. “§ 10209. Regular and reserve components: discrimination 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. “§ 10210. Dissemination of information “The Secretary of Defense shall require the complete and current dissemination, to all Reserves and to the public, of information of interest to the reserve components. “§10211. Policies and regulations: participation of Reserve officers in preparation and administration “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 affairs, to participate in preparing and administering 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. “§ 10212. Gratuitous services of officers: authority to accept “Notwithstanding section 1342 of title 31, the Secretary of a military department may accept the gratuitous services of an officer of a reserve component under the Secretary’s jurisdiction (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States)— “(1) in the furtherance of the enrollment, organization, and training of that officer’s reserve component or the Reserve Officers’ Training Corps; or “(2) in consultation upon matters relating to the armed forces. “§ 10213. Reserve components: dual membership prohibited “Except as otherwise provided in this title, no person may be a member of more than one reserve component at the same time. “§ 10214. Adjutants general and assistant adjutants general: reference to other officers of National Guard “In any case in which, under the laws of a State, an officer of the National Guard of that jurisdiction, other than the adjutant general or an assistant adjutant general, normally performs the duties of that office, the references in sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(e), and 14512 of this title to the adjutant general or the assistant adjutant general shall be applied to that officer instead of to the adjutant general or assistant adjutant general. “§ 10215. Officers of Army National Guard of the United States and Air National Guard of the United States: authority with respect to Federal status “(a) (1) Officers of the Army National Guard of the United States who are not on active duty— “(A) may order members of the Army National Guard of the United States to active duty for training under section 12301(d) of this title; and “(B) with the approval of the Secretary of the Air Force, may order members of the Air National Guard of the United States to active duty for training under that section. “(2) Officers of the Air National Guard of the United States who are not on active duty— “(A) may order members of the Air National Guard of the United States to active duty for training under section 12301(d) of this title; and “(B) with the approval of the Secretary of the Army, may order members of the Army National Guard of the United States to active duty for training under that section. “(b) Officers of the Army National Guard of the United States or the Air National Guard of the United States who are not on active duty— “(1) may enlist, reenlist, or extend the enlistments of persons as Reserves of the Army or Reserves of the Air Force for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be; and “(2) with respect to their Federal status, may promote or discharge persons enlisted or reenlisted as Reserves of the Army or Reserves of the Air Force for that service. “(c) This section shall be carried out under regulations prescribed Regulations. by the Secretary of the Army, with respect to matters concerning the Army, and by the Secretary of the Air Force, with respect to matters concerning the Air Force.”.

   Effective date note
   Pub. L. 104–106, div. A, title XV, § 1501(f)(2), Feb. 10, 1996, 110 Stat. 501, as amended by Pub. L. 105–85, div. A, title X, § 1073(d)(1)(E)(ii), Nov. 18, 1997, 111 Stat. 1905, provided that: “The amendments made by sections 1672(a), 1673(a) (with respect to chapters 541 and 549), 1673(b)(2), 1673(b)(4), 1674(a), and 1674(b)(7) of the Reserve Officer Personnel Management Act [Pub. L. 103–337, amending the tables of chapters for subtitle B, part II of subtitle B, subtitle C, part II of subtitle C, subtitle D, and part II of subtitle D of this title and the tables of sections for chapters 539, 573, and 861 of this title] shall take effect on the effective date specified in section 1691(b)(1) of the Reserve Officer Personnel Management Act [set out as a note below] (notwithstanding section 1691(a) of such Act [set out as a note below]).”

1 of 1 references resolved to an enrolled provision