10 U.S.C. § 10105 — Army National Guard of the United

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.) Page 3592 TITLE 10—ARMED FORCES § 10105 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3077 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. ACTIVE COMPONENT SUPPORT FOR RESERVE TRAINING Pub. L. 103–160, div. A, title V, § 515, Nov. 30, 1993, 107 Stat. 1650, provided that: ‘‘(a) REQUIREMENT TO ESTABLISH.—The Secretary of the Army shall, not later than September 30, 1995, es- tablish one or more active-component units of the Army with the primary mission of providing training support to reserve units. Each such unit shall be part of the active Army force structure and shall have a commander who is on the active-duty list of the Army. ‘‘(b) IMPLEMENTATION PLAN.—The Secretary of the Army shall during fiscal year 1994 submit to the Com- mittees on Armed Services of the Senate and House of Representatives a plan to meet the requirement in sub- section (a). The plan shall include a proposal for any statutory changes that the Secretary considers to be necessary for the implementation of the plan.’’ TEST PROGRAM FOR RESERVE COMBAT MANEUVER UNIT INTEGRATION Pub. L. 103–160, div. A, title V, § 516, Nov. 30, 1993, 107 Stat. 1650, directed Secretary of the Army to prepare a plan for carrying out a test program to determine feasi- bility and advisability of applying the roundout and roundup models for integration of active and reserve component Army units at the battalion and company levels and submit to Congress not later than Mar. 31, 1994, a report that includes the plan for the test pro- gram. ARMY NATIONAL GUARD COMBAT READINESS REFORM Pub. L. 102–484, div. A, title XI, Oct. 23, 1992, 106 Stat. 2536, as amended by Pub. L. 103–35, title II, § 202(a)(11), May 31, 1993, 107 Stat. 101; Pub. L. 103–160, div. A, title V, § 520, Nov. 30, 1993, 107 Stat. 1651; Pub. L. 103–337, div. A, title V, § 516, Oct. 5, 1994, 108 Stat. 2754; Pub. L. 104–106, div. A, title V, §§ 514, 515, title VII, § 704(b), Feb. 10, 1996, 110 Stat. 307, 308, 372; Pub. L. 114–328, div. A, title III, § 321(b), Dec. 23, 2016, 130 Stat. 2075; Pub. L. 116–92, div. A, title V, § 520, Dec. 20, 2019, 133 Stat. 1351, provided that: ‘‘SEC. 1101. SHORT TITLE. ‘‘This title may be cited as the ‘Army National Guard Combat Readiness Reform Act of 1992’. ‘‘Subtitle A—Deployability Enhancements ‘‘SEC. 1111. PRIOR ACTIVE-DUTY PERSONNEL. ‘‘(a) ADDITIONAL PRIOR ACTIVE DUTY OFFICERS.—The Secretary of the Army shall increase the number of qualified prior active-duty officers in the Army Na- tional Guard by providing a program that permits the separation of officers on active duty with at least two, but less than three, years of active service upon condi- tion that the officer is accepted for appointment in the Army National Guard. The Secretary shall have a goal of having not fewer than 150 officers become members of the Army National Guard each year under this sec- tion. ‘‘(b) ADDITIONAL PRIOR ACTIVE DUTY ENLISTED MEM- BERS.—The Secretary of the Army shall increase the number of qualified prior active-duty enlisted members in the Army National Guard through the use of enlist- ments as described in section 8020 of the Department of Defense Appropriations Act, 1994 (Public Law 103–139) [107 Stat. 1441]. The Secretary shall enlist not fewer than 1,000 new enlisted members each year under en- listments described in that section. ‘‘(c) QUALIFIED PRIOR ACTIVE-DUTY PERSONNEL.—For purposes of this section, qualified prior active-duty per- sonnel are members of the Army National Guard with not less than two years of active duty. ‘‘SEC. 1112. SERVICE IN SELECTED RESERVE IN LIEU OF ACTIVE-DUTY SERVICE. ‘‘(a) ACADEMY GRADUATES AND DISTINGUISHED ROTC GRADUATES TO SERVE IN SELECTED RESERVE FOR PERIOD OF ACTIVE-DUTY SERVICE OBLIGATION NOT SERVED ON ACTIVE DUTY.—(1) An officer who is a graduate of one of the service academies or who was commissioned as a distinguished Reserve Officers’ Training Corps grad- uate and who is permitted to be released from active duty before the completion of the active-duty service obligation applicable to that officer shall serve the re- maining period of such active-duty service obligation as a member of the Selected Reserve. ‘‘(2) The Secretary concerned may waive paragraph (1) in a case in which the Secretary determines that there is no unit position available for the officer. ‘‘(b) ROTC GRADUATES.—The Secretary of the Army shall provide a program under which graduates of the Reserve Officers’ Training Corps program may perform their minimum period of obligated service by a com- bination of (A) two years of active duty, and (B) such additional period of service as is necessary to complete the remainder of such obligation, to be served in the Selected Reserve. ‘‘[SEC. 1113. Repealed. Pub. L. 116–92, div. A, title V, § 520, Dec. 20, 2019, 133 Stat. 1351.] ‘‘SEC. 1114. NONCOMMISSIONED OFFICER EDU- CATION REQUIREMENTS. ‘‘(a) NONWAIVABILITY.—Any standard prescribed by the Secretary of the Army establishing a military edu- cation requirement for noncommissioned officers that must be met as a requirement for promotion to a high- er noncommissioned officer grade may be waived only if the Secretary determines that the waiver is nec- essary in order to preserve unit leadership continuity under combat conditions. ‘‘(b) AVAILABILITY OF TRAINING POSITIONS.—The Sec- retary of the Army shall ensure that there are suffi- cient training positions available to enable compliance with subsection (a). ‘‘SEC. 1115. INITIAL ENTRY TRAINING AND NONDEPLOYABLE PERSONNEL ACCOUNT. ‘‘(a) ESTABLISHMENT OF PERSONNEL ACCOUNT.—The Secretary of the Army shall establish a personnel ac- counting category for members of the Army Selected Reserve to be used for categorizing members of the Se- lected Reserve who have not completed the minimum training required for deployment or who are otherwise not available for deployment. The account shall be de- signed so that it is compatible with the decentralized personnel systems of the Army Guard and Reserve. The account shall be used for the reporting of personnel readiness and may not be used as a factor in estab- lishing the level of Army Guard and Reserve force structure. ‘‘(b) USE OF ACCOUNT.—Until a member of the Army Selected Reserve has completed the minimum training necessary for deployment, the member may not be as- signed to fill a position in a Selected Reserve unit but shall be carried in the account established under sub- section (a). ‘‘(c) TIME FOR QUALIFICATION FOR DEPLOYMENT.—(1) If at the end of 24 months after a member of the Army Se- lected Reserve enters the Army Selected Reserve, the member has not completed the minimum training re- quired for deployment, the member shall be discharged. ‘‘(2) The Secretary of the Army may waive the re- quirement in paragraph (1) in the case of health care providers and in other cases determined necessary. The authority to make such a waiver may not be delegated. Page 3593 TITLE 10—ARMED FORCES § 10107 ‘‘SEC. 1116. MINIMUM PHYSICAL DEPLOYABILITY STANDARDS. ‘‘The Secretary of the Army shall transfer the per- sonnel classification of a member of the Army Selected Reserve from the Selected Reserve unit of the member to the personnel account established pursuant to sec- tion 1115 if the member does not meet minimum phys- ical profile standards required for deployment. Any such transfer shall be made not later than 90 days after the date on which the determination that the member does not meet such standards is made. ‘‘[SECS. 1117, 1118. Repealed. Pub. L. 104–106, div. A, title VII, § 704(b), Feb. 10, 1996, 110 Stat. 372.] ‘‘SEC. 1119. COMBAT UNIT TRAINING. ‘‘The Secretary of the Army shall establish a pro- gram to minimize the post-mobilization training time required for combat units of the Army National Guard. The program shall require— ‘‘(1) that unit premobilization training emphasize— ‘‘(A) individual soldier qualification and training; ‘‘(B) collective training and qualification at the crew, section, team, and squad level; and ‘‘(C) maneuver training at the platoon level as re- quired of all Army units; and ‘‘(2) that combat training for command and staff leadership include annual multi-echelon training to develop battalion, brigade, and division level skills, as appropriate. ‘‘SEC. 1120. USE OF COMBAT SIMULATORS. ‘‘The Secretary of the Army shall expand the use of simulations, simulators, and advanced training devices and technologies in order to increase training opportu- nities for members and units of the Army National Guard and the Army Reserve. ‘‘Subtitle B—Assessment of National Guard Capability ‘‘[SEC. 1121. Repealed. Pub. L. 114–328, div. A, title III, § 321(b), Dec. 23, 2016, 130 Stat. 2075.] ‘‘SEC. 1122. INSPECTIONS. ‘‘[Amended section 105 of Title 32, National Guard.] ‘‘Subtitle C—Compatibility of Guard Units With Active Component Units ‘‘SEC. 1131. ACTIVE DUTY ASSOCIATE UNIT RE- SPONSIBILITY. ‘‘(a) ASSOCIATE UNITS.—The Secretary of the Army shall require— ‘‘(1) that each ground combat maneuver brigade of the Army National Guard that (as determined by the Secretary) is essential for the execution of the Na- tional Military Strategy be associated with an ac- tive-duty combat unit; and ‘‘(2) that combat support and combat service sup- port units of the Army Selected Reserve that (as de- termined by the Secretary) are essential for the exe- cution of the National Military Strategy be associ- ated with active-duty units. ‘‘(b) RESPONSIBILITIES.—The commander (at a brigade or higher level) of the associated active duty unit for any National Guard unit or Army Selected Reserve unit that (as determined by the Secretary under sub- section (a)) is essential for the execution of the Na- tional Military Strategy shall be responsible for— ‘‘(1) approving the training program of that unit; ‘‘(2) reviewing the readiness report of that unit; ‘‘(3) assessing the manpower, equipment, and train- ing resources requirements of that unit; and ‘‘(4) validating, not less often than annually, the compatibility of that unit with the active duty forces. ‘‘(c) IMPLEMENTATION.—The Secretary of the Army shall begin to implement subsection (a) during fiscal year 1993 and shall achieve full implementation of the plan not later than October 1, 1995. ‘‘SEC. 1132. TRAINING COMPATIBILITY. ‘‘[Amended section 414(c) of Pub. L. 102–190, set out as a note under section 12001 of this title.] ‘‘SEC. 1133. SYSTEMS COMPATIBILITY. ‘‘(a) COMPATIBILITY PROGRAM.—The Secretary of the Army shall develop and implement a program to ensure that Army personnel systems, Army supply systems, Army maintenance management systems, and Army fi- nance systems are compatible across all Army compo- nents. ‘‘(b) REPORT.—Not later than September 30, 1993, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the program under subsection (a) and setting forth a plan for implementation of the program by the end of fiscal year 1997. ‘‘SEC. 1134. EQUIPMENT COMPATIBILITY. ‘‘[Amended section 115b(b) [now 10541(b)] of this title.] ‘‘[SEC. 1135. Repealed. Pub. L. 114–328, div. A, title III, § 321(b), Dec. 23, 2016, 130 Stat. 2075.] ‘‘SEC. 1136. QUALIFICATION FOR PRIOR-SERVICE ENLISTMENT BONUS. ‘‘[Amended section 308i(c) of Title 37, Pay and Allow- ances of the Uniformed Services.] ‘‘SEC. 1137. STUDY OF IMPLEMENTATION FOR ALL RESERVE COMPONENTS. ‘‘The Secretary of Defense shall conduct an assess- ment of the feasibility of implementing the provisions of this title for all reserve components. Not later than December 31, 1993, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing a plan for such implementation.’’ § 10106. Army National Guard: when a compo- nent of the Army The Army National Guard while in the service of the United States is a component of the Army. (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 3078 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. § 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. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2971.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3079 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).