§ 10101. Reserve components named

§ 10101. Reserve components named

(1) The Army National Guard of the United States.

(2) The Army Reserve.

(3) The Navy 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.

(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(Z), Jan. 6, 2006, 119 Stat. 3233.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 261(a) of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).

Amendments

2006—Par. (3). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 109–163, div. A, title V, § 515(a)(1), Jan. 6, 2006, 119 Stat. 3233, provided that: “The reserve component of the Armed Forces known as the Naval Reserve is redesignated as the Navy Reserve.”

Pub. L. 109–163, div. A, title V, § 515(h), Jan. 6, 2006, 119 Stat. 3237, as amended by Pub. L. 111–383, div. A, title X, § 1075(h)(1), Jan. 7, 2011, 124 Stat. 4377, provided that: “Any reference in any law, regulation, document, record, or other paper of the United States to the Naval Reserve, other than a reference to the Naval Reserve regarding the United States Naval Reserve Retired List, shall be considered to be a reference to the Navy Reserve.”

Pub. L. 108–375, div. A, title V, § 517, Oct. 28, 2004, 118 Stat. 1884, which authorized the Secretary of the Navy, with the President’s approval, to redesignate the Naval Reserve as the “Navy Reserve”, was repealed by Pub. L. 109–163, div. A, title V, § 515(a)(2), Jan. 6, 2006, 119 Stat. 3233.

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.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pilot Program on the Use of Robotic Targets To Enhance the Lethality of the Reserve Components of the Army

Pub. L. 118–159, div. A, title I, § 112, Dec. 23, 2024, 138 Stat. 1802, provided that: “(a) Establishment.—The Secretary of the Army shall carry out a pilot program under which the Secretary incorporates the use of moving robotic target systems into live fire training provided to select infantry units of the reserve and National Guard components of the Army. “(b) Designation.—The pilot program under subsection (a) shall be known as the ‘Lethality and Warfighting Enhancement Program’. “(c) Locations.—The Secretary of the Army shall select not fewer than three military installations at which to conduct the pilot program under subsection (a). “(d) Objectives.—The objectives of the pilot program under subsection (a) shall be—“(1) to increase the lethality of the combined fighting force of the Army by providing reserve component and National Guard infantry units with the opportunity to conduct realistic live fire training on state-of-the-art moving robotic target systems; and “(2) to demonstrate the effect of such training on small arms proficiency and lethality in ground combat operations. “(e) Selection of Participating Units.—The Secretary of the Army shall select infantry units of the reserve components of the Army to participate in the pilot program under subsection (a) taking into consideration—“(1) the past performance of the unit; “(2) the readiness status of the unit, with an emphasis on providing training to those units designated as preparing to deploy or at a similarly designated readiness status; and “(3) the likelihood that a unit would be actively deployed or commanded to conduct decisive action. “(f) Commencement.—The Secretary of the Army shall commence the pilot program under subsection (a) not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024]. “(g) Termination.—The pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act. “(h) Briefings.—Not later than 90 days after concluding activities under the pilot program at a military installation selected under subsection (c), the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes a description of—“(1) the manner in which the program was conducted at such installation; and “(2) any results achieved under the program at such installation. “(i) Contract Authority.—“(1) In general.—The Secretary of the Army is authorized to enter into one or more contracts for the procurement of moving robotic target systems for use in the pilot program under subsection (a). “(2) Required capabilities.—Robotic target systems procured under paragraph (1) shall be capable of—“(A) conducting multiple realistic offensive and defensive scenarios in a single training session that are consistent with combat operations; “(B) operating in an unpredictable, realistic, and reactionary fashion; “(C) objectively scoring trainee performance; “(D) maneuvering across diverse geographic landscapes, including snow, ice, soft soils, extreme heat, extreme cold, wooded terrain and offroad areas; “(E) operating at distances greater than 100 yards from the range operator; “(F) surviving live fire from 6.8 mm rounds and the Next Generation Squad Weapon of the Army; and “(G) fully functioning in all reasonably expected weather conditions.”

Notice to Congress Before Certain Actions Regarding Units of Certain Reserve Components

Pub. L. 117–263, div. A, title V, § 518, Dec. 23, 2022, 136 Stat. 2567, provided that: “(a) Notice Required; Elements.—The Secretary of a military department may not take any covered action regarding a covered unit until the day that is 60 days after the Secretary of a military department submits to Congress notice of such covered action. Such notice shall include the following elements:“(1) An analysis of how the covered action would improve readiness. “(2) A description of how the covered action would align with the National Defense Strategy and the supporting strategies of each military departments. “(3) A description of any proposed organizational change associated with the covered action and how the covered action will affect the relationship of administrative, operational, or tactical control responsibilities of the covered unit. “(4) The projected cost and any projected long-term cost savings of the covered action. “(5) A detailed description of any requirements for new infrastructure or relocation of equipment and assets necessary for the covered action. “(6) A description of how the covered activity will affect the ability of the covered Armed Force to accomplish its current mission. “(b) Applicability.—This section shall apply to any step to perform covered action regarding a covered unit on or after the date of the enactment of this Act [Dec. 23, 2022]. “(c) Definitions.—In this section:“(1) The term ‘covered action’ means any of the following:“(A) To deactivate. “(B) To reassign. “(C) To move the home station. “(2) The term ‘covered Armed Force’ means the following:“(A) The Army. “(B) The Navy. “(C) The Marine Corps. “(D) The Air Force. “(E) The Space Force. “(3) The term ‘covered unit’ means a unit of a reserve component of a covered Armed Force.”

Direct Employment Pilot Program for Certain Members of the Reserve Components

Pub. L. 116–283, div. A, title V, § 518, Jan. 1, 2021, 134 Stat. 3590, provided that: “(a) In General.—The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members of the National Guard and Reserves in reserve active-status. “(b) Administration.—Any such pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code, or other officials in the States concerned designated by the Secretary for purposes of the pilot program. “(c) Cost-Sharing Requirement.—As a condition on the provision of funds under this section to a State to support the operation of the pilot program in that State, the State must agree to contribute funds, derived from non-Federal sources, in an amount equal to at least 50 percent of the funds necessary for the operation of the pilot program in that State. “(d) Development.—In developing any such pilot program, the Secretary shall—“(1) incorporate elements of State direct employment programs for members of the reserve components; and “(2) use resources provided to members of the Armed Forces with civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense. “(e) Direct Employment Program Model.—Any such pilot program shall use a job placement program model that focuses on working one-on-one with eligible members to cost-effectively provide job placement services, including—“(1) identifying unemployed and underemployed individuals; “(2) job matching services; “(3) resume editing; “(4) interview preparation; and “(5) post-employment follow up. “(f) Evaluation.—The Secretary shall develop outcome metrics to evaluate the success of any such pilot program. “(g) Reporting.—“(1) Report required.—If the Secretary carries out the pilot Program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the results of the pilot program not later than March 1, 2022. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau. “(2) Elements.—A report under paragraph (1) shall include the following:“(A) A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components of the Armed Forces hired and the cost-per-placement of participating members. “(B) An assessment of the effects of the pilot program and increased reserve component employment on the readiness of members of the reserve components and on the retention of members. “(C) A comparison of the pilot program to other programs conducted by the Department of Defense to provide unemployment or underemployment support to members of the reserve components of the Armed Forces, including the best practices developed through and used in such programs. “(D) Any other matters the Secretary of Defense determines appropriate. “(h) Duration; Extension.—“(1) Subject to paragraph (2), the authority to carry out the pilot program expires on September 30, 2024. “(2) The Secretary may elect to extend the pilot program for not more than two additional fiscal years.”

Pilot Program on Enhancements of Department of Defense Efforts on Mental Health in the National Guard and Reserves Through Community Partnerships

Pub. L. 112–239, div. A, title VII, § 706, Jan. 2, 2013, 126 Stat. 1800, as amended by Pub. L. 113–66, div. A, title V, § 511(b), Dec. 26, 2013, 127 Stat. 751, provided that: “(a) Program Authority.—The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense in research, treatment, education, and outreach on mental health, substance use disorders, traumatic brain injury, and suicide prevention in members of the National Guard and Reserves, their family members, and their caregivers through community partners. “(b) Agreements With Community Partners.—In carrying out the pilot program authorized by subsection (a), the Secretary may enter into partnership agreements with community partners described in subsection (c) using a competitive and merit-based award process. “(c) Community Partner Described.—A community partner described in this subsection is a private non-profit organization or institution that meets such qualifications as the Secretary shall establish for purposes of the pilot program and engages in one or more of the following:“(1) Research on the causes, development, and innovative treatment of mental health and substance use disorders and traumatic brain injury in members of the National Guard and Reserves, their family members, and their caregivers. “(2) Identifying and disseminating evidence-based treatments of mental health and substance use disorders and traumatic brain injury described in paragraph (1). “(3) Outreach and education to such members, their families and caregivers, and the public about mental health, substance use disorders, traumatic brain injury, and suicide prevention. “(d) Duration.—The duration of the pilot program may not exceed three years. “(e) Report.—Not later than 180 days before the completion of the pilot program, the Secretary of Defense shall submit to the Secretary of Veterans Affairs and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the results of the pilot program, including the number of members of the National Guard and Reserves provided treatment or services by community partners, and a description and assessment of the effectiveness and achievements of the pilot program with respect to research, treatment, education, and outreach on mental health, substance use disorders, traumatic brain injury, and suicide prevention.”

Behavioral Health Support

Pub. L. 112–81, div. A, title VII, § 703(b), Dec. 31, 2011, 125 Stat. 1471, provided that: “(1) In general.—Each member of a reserve component of the Armed Forces participating in annual training or individual duty training shall have access, while so participating, to the behavioral health support programs for members of the reserve components described in paragraph (2). “(2) Behavioral health support programs.—The behavioral health support programs for members of the reserve components described in this paragraph shall include one or any combination of the following:“(A) Programs providing access to licensed mental health providers in armories, reserve centers, or other places for scheduled unit training assemblies. “(B) Programs providing training on suicide prevention and post-suicide response. “(C) Psychological health programs. “(D) Such other programs as the Secretary of Defense, in consultation with the Surgeon General for the National Guard of the State in which the members concerned reside, the Director of Psychological Health of the State in which the members concerned reside, the Department of Mental Health or the equivalent agency of the State in which the members concerned reside, or the Director of the Psychological Health Program of the National Guard Bureau, considers appropriate. “(3) Funding.—Behavioral health support programs provided to members of the reserve components under this subsection shall be provided using amounts made available for operation and maintenance for the reserve components. “(4) State defined.—In this subsection, the term ‘State’ has the meaning given that term in section 10001 of title 10, United States Code.”

Limitation on Scheduling of Mobilization or Pre-Mobilization Training for Reserve Units When Certain Suspension of Training is Likely