
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC10105]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
               CHAPTER 1003--RESERVE COMPONENTS GENERALLY
 
Sec. 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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct. 5, 
1994, 108 Stat. 2970.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 3077 of this title, prior to repeal by Pub. L. 103-337, 
Sec. 1661(a)(3)(A).


              Active Component Support for Reserve Training

    Pub. L. 103-160, div. A, title V, Sec. 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, establish 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 Committees on Armed Services of the 
Senate and House of Representatives a plan to meet the requirement in 
subsection (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, Sec. 516, Nov. 30, 1993, 107 Stat. 
1650, directed Secretary of the Army to prepare a plan for carrying out 
a test program to determine feasibility 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 program.


               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, Sec. 202(a)(11), May 31, 1993, 107 
Stat. 101; Pub. L. 103-160, div. A, title V, Sec. 520, Nov. 30, 1993, 
107 Stat. 1651; Pub. L. 103-337, div. A, title V, Sec. 516, Oct. 5, 
1994, 108 Stat. 2754; Pub. L. 104-106, div. A, title V, Secs. 514, 515, 
title VII, Sec. 704(b), Feb. 10, 1996, 110 Stat. 307, 308, 372, 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 National 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 condition 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 section.
    ``(b) Additional Prior Active Duty Enlisted Members.--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 
enlistments 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 enlistments described in that section.
    ``(c) Qualified Prior Active-Duty Personnel.--For purposes of this 
section, qualified prior active-duty personnel 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 graduate 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 remaining 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 
combination 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. REVIEW OF OFFICER PROMOTIONS BY COMMANDER OF ASSOCIATED 
        ACTIVE DUTY UNIT.
    ``(a) Review.--Whenever an officer in an Army Selected Reserve unit 
as defined in subsection (b) is recommended for a unit vacancy promotion 
to a grade above first lieutenant, the recommended promotion shall be 
reviewed by the commander of the active duty unit associated with the 
Selected Reserve unit of that officer or another active-duty officer 
designated by the Secretary of the Army. The commander or other active-
duty officer designated by the Secretary of the Army shall provide to 
the promoting authority, through the promotion board convened by the 
promotion authority to consider unit vacancy promotion candidates, 
before the promotion is made, a recommendation of concurrence or 
nonconcurrence in the promotion. The recommendation shall be provided to 
the promoting authority within 60 days after receipt of notice of the 
recommended promotion.
    ``(b) Coverage of Selected Reserve Combat and Early Deploying 
Units.--(1) Subsection (a) applies to officers in all units of the 
Selected Reserve that are designated as combat units or that are 
designated for deployment within 75 days of mobilization.
    ``(2) Subsection (a) shall take effect with respect to officers of 
the Army Reserve, and with respect to officers of the Army National 
Guard in units not subject to subsection (a) as of the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 1996 
[Feb. 10, 1996], at the end of the 90-day period beginning on such date 
of enactment.
    ``(c) Report on Feasibility.--The Secretary of the Army shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report, not later than March 1, 1993, containing a 
plan for implementation of subsection (a). The Secretary may include 
with the report such proposals for legislation to clarify, improve, or 
modify the provisions of subsection (a) in order to better carry out the 
purposes of those provisions as the Secretary considers appropriate.
``SEC. 1114. NONCOMMISSIONED OFFICER EDUCATION REQUIREMENTS.
    ``(a) Nonwaivability.--Any standard prescribed by the Secretary of 
the Army establishing a military education requirement for 
noncommissioned officers that must be met as a requirement for promotion 
to a higher noncommissioned officer grade may be waived only if the 
Secretary determines that the waiver is necessary in order to preserve 
unit leadership continuity under combat conditions.
    ``(b) Availability of Training Positions.--The Secretary of the Army 
shall ensure that there are sufficient 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 accounting category for members of the Army 
Selected Reserve to be used for categorizing members of the Selected 
Reserve who have not completed the minimum training required for 
deployment or who are otherwise not available for deployment. The 
account shall be designed 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 establishing 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 assigned to fill a position in a Selected Reserve unit but 
shall be carried in the account established under subsection (a).
    ``(c) Time for Qualification for Deployment.--(1) If at the end of 
24 months after a member of the Army Selected Reserve enters the Army 
Selected Reserve, the member has not completed the minimum training 
required for deployment, the member shall be discharged.
    ``(2) The Secretary of the Army may waive the requirement 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.
``SEC. 1116. MINIMUM PHYSICAL DEPLOYABILITY STANDARDS.
    ``The Secretary of the Army shall transfer the personnel 
classification of a member of the Army Selected Reserve from the 
Selected Reserve unit of the member to the personnel account established 
pursuant to section 1115 if the member does not meet minimum physical 
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, 
        Sec. 704(b), Feb. 10, 1996, 110 Stat. 372.]
``SEC. 1119. COMBAT UNIT TRAINING.
    ``The Secretary of the Army shall establish a program 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 required 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 opportunities for members and units of the Army 
National Guard and the Army Reserve.

      ``Subtitle B--Assessment of National Guard Capability

``SEC. 1121. DEPLOYABILITY RATING SYSTEM.
    ``The Secretary of the Army shall modify the readiness rating system 
for units of the Army Reserve and Army National Guard to ensure that the 
rating system provides an accurate assessment of the deployability of a 
unit and those shortfalls of a unit that require the provision of 
additional resources. In making such modifications, the Secretary shall 
ensure that the unit readiness rating system is designed so--
        ``(1) that the personnel readiness rating of a unit reflects--
            ``(A) both the percentage of the overall personnel 
        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 directly 
        possessed by the unit;
            ``(C) specifies the effect of substitute items; and
            ``(D) assesses the effect of missing components and sets on 
        the readiness of major equipments items.
``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 RESPONSIBILITY.
    ``(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 National Military Strategy be associated 
    with an active-duty combat unit; and
        ``(2) that combat support and combat service support units of 
    the Army Selected Reserve that (as determined by the Secretary) are 
    essential for the execution of the National Military Strategy be 
    associated 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 
subsection (a)) is essential for the execution of the National 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 training 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 
finance systems are compatible across all Army components.
    ``(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. DEPLOYMENT PLANNING REFORM.
    ``(a) Requirement for Priority System.--The Secretary of the Army 
shall develop a system for identifying the priority for mobilization of 
Army reserve component units. The priority system shall be based on 
regional contingency planning requirements and doctrine to be integrated 
into the Army war planning process.
    ``(b) Unit Deployment Designators.--The system shall include the use 
of Unit Deployment Designators to specify the post-mobilization training 
days allocated to a unit before deployment. The Secretary shall specify 
standard designator categories in order to group units according to the 
timing of deployment after mobilization.
    ``(c) Use of Designators.--(1) The Secretary shall establish 
procedures to link the Unit Deployment Designator system to the process 
by which resources are provided for National Guard units.
    ``(2) The Secretary shall develop a plan that allocates greater 
funding for training, full-time support, equipment, and manpower in 
excess of 100 percent of authorized strength to units assigned Unit 
Deployment Designators that allow fewer post-mobilization training days.
    ``(3) The Secretary shall establish procedures to identify the 
command level at which combat units would, upon deployment, be 
integrated with active component forces consistent with the Unit 
Deployment Designator system.
``SEC. 1136. QUALIFICATION FOR PRIOR-SERVICE ENLISTMENT BONUS.
    ``[Amended section 308i(c) of Title 37, Pay and Allowances of the 
Uniformed Services.]
``SEC. 1137. STUDY OF IMPLEMENTATION FOR ALL RESERVE COMPONENTS.
    ``The Secretary of Defense shall conduct an assessment 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.''
