10 U.S.C. § 10105 (ARMED FORCES)
§ 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, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3077 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).
heading: Effective Date
text: 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.
heading: Active Component Support for Reserve Training
text: 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, 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.”
heading: Test Program for Reserve Combat Maneuver Unit Integration
text: 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 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.
heading: Army National Guard Combat Readiness Reform
text: 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, 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, § 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. 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 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. 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 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.”