10 U.S.C. § 10149 — Ready Reserve: continuous screening

FEDERAL · 10 U.S.C. · Chapter 1005

Ready Reserve: continuous screening

10 U.S.C. § 10149

Chapter1005 — ELEMENTS OF RESERVE COMPONENTS

This text of 10 U.S.C. § 10149 (Ready Reserve: continuous screening) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

10 U.S.C. § 10149.

Text

(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 t

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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.

John R. Dew, on Behalf of Himself and Other Special Agents of the Federal Bureau of Investigation Listed Below Michael F. Aiesi Paul D. Allen, Jr. Kenneth Andrews Jeff Angelos David O. Bailey Thomas J. Barrett Bruce Black Peter S. Bobinski Douglas H. Brigante Robert A. Burkes Thomas J. Campbell David E. Carman David S. Cavanaugh Donald J. Cesare Ronald H. Cizmar Ronald H. Cleaver Ford W. Cole George W. Connell, III James N. Corcoran Marc J. Dallacroce Richard S. Demberger Todd v. Di Fede James E. Diaczyszyn Patrick J. Donnelly John K. Donovan Paul Doyle Roger G. Eaton Mark v. Eiler Leo Farrell Robert A. Fiatal Perry A. Forgione Raymond J. Gannon Charles W. Giannetti Terrence D. Gibson William F. Gittins Anthony R. Gordon Daniel Gorman Eric L. Graff Gary Graff Russell L. Gregory Michael P. Griffin James M. Harris Michael J. Harrison Neil D. Heiner Gregory A. Hendrickson Clifford C. Holly Johnj. Kane Jack Kelleher Philip King, III Stephen Kodak, Jr. David Kollender James M. Laverick Paul A. Le Veille Howard A. Leadbetter, II Mark B. Libman Douglas E. Linter Rodney S. Loose Wayne D. Lord Mark S. Love Patrick T. Luzio Guy L. Marangoni Robert C. Marshall Robert S. McCorkle Martin McCullough II Randy Mondor John G. Nemec Laurence H. Newton John M O'Neill Crockett W. Oaks, III Enrique Olivas David A. Palladino Charles A. Pardee Manuel Perez Jeffrey S. Pfeiffer Mark T. Post Reginald D. Powell L. Predtechenskis Alvie L. Price Charles W. Provine Peter J. Ronayne William W. Russ Richard D. Schwein, Jr. Donald C. Sheehan David R. Smith Una D. Stanton John E. Stoll Gerard A. Sullivan Quinn J. Tamm, Jr. Daniel H. Tejeda Kevin L. Theede Robert C. Thompson Richard G. Wallace Brian E. White Carlv. Wigholm Donald J. Zembiec v. United States of America Federal Bureau of Investigations, Louis Freeh, Individually, and as Director of the Federal Bureau of Investigations Michael R. Bromwich, Individually, and as the Inspector General, United States Department of Justice Janet Reno, Attorney General of the United States of America United States Department of Justice William S. Cohen, Secretary of the United States Department of Defense the United States Department of Defense

192 F.3d 366 (Second Circuit, 1999)

2 case citations

Source Credit

History

(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.)

Editorial Notes

Editorial Notes

Prior Provisions
Provisions 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).

Amendments
2015—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".

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 provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Executive Documents

Ex. Ord. No. 11190. Screening of Ready Reserve
Ex. 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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Bluebook (online)

10 U.S.C. § 10149, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/10149.