10 U.S.C. § 10104 — Army Reserve: composition

Page 3591 TITLE 10—ARMED FORCES § 10105 Pub. L. 108–375, div. A, title V, § 511, Oct. 28, 2004, 118 Stat. 1877.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 262 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 2004—Pub. L. 108–375 struck out ‘‘, during and after the period needed to procure and train additional units and qualified persons to achieve the planned mobiliza- tion,’’ after ‘‘whenever’’. 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. § 10102a. Deployment prioritization and readi- ness of Army components (a) DEPLOYMENT PRIORITIZATION.—The Sec- retary of the Army shall maintain a system for identifying the priority of deployment for units of all components of the Army. (b) DEPLOYABILITY READINESS RATING.—The Secretary of the Army shall maintain a readi- ness rating system for units of all components of the Army that provides an accurate assess- ment of the deployability of a unit and those shortfalls of a unit that require the provision of additional resources. The system shall ensure— (1) that the personnel readiness rating of a unit reflects— (A) both the percentage of the overall per- sonnel requirement of the unit that is manned and deployable and the fill and deployability rate for critical occupational specialties necessary for the unit to carry out its basic mission requirements; and (B) the number of personnel in the unit who are qualified in their primary military occupational specialty; and (2) that the equipment readiness assessment of a unit— (A) documents all equipment required for deployment; (B) reflects only that equipment that is di- rectly possessed by the unit; (C) specifies the effect of substitute items; and (D) assesses the effect of missing compo- nents and sets on the readiness of major equipment items. (Added Pub. L. 114–328, div. A, title III, § 321(a)(1), Dec. 23, 2016, 130 Stat. 2074.) § 10103. Basic policy for order into Federal serv- ice Whenever Congress determines that more units and organizations are needed for the na- tional security than are in the regular compo- nents of the ground and air forces, the Army Na- tional 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 bal- anced force, shall be ordered to active duty and retained as long as so needed. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(2)(A), Feb. 10, 1996, 110 Stat. 495.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 263 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A). AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘into Federal serv- ice’’ for ‘‘of the National Guard and reserve compo- nents to active duty’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. 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. ORDERING READY RESERVE TO ACTIVE DUTY DURING NATIONAL EMERGENCIES For additional provisions authorizing ordering of Ready Reserve to active duty during national emer- gencies, see section 12303 of this title and notes there- under. § 10104. Army Reserve: composition The Army Reserve includes all Reserves of the Army who are not members of the Army Na- tional Guard of the United States. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3076 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A). 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. § 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 organiza- tions of the Army National Guard; and (2) members of the Army National Guard who are also Reserves of the Army. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970.)