Federal · Title 10 — Armed Forces

10 U.S.C. § 10105: Army National Guard of the United States: composition

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federally recognized units and organizations of the Army National Guard; and members of the Army National Guard who are also Reserves of the Army. 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. 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.” “This title may be cited as the ‘Army National Guard Combat Readiness Reform Act of 1992’. 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. 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. 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. 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. 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. 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. Repealed. Pub. L. 116–92, div. A, title V, § 520 , Dec. 20, 2019 , 133 Stat. 1351 .] 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. The Secretary of the Army shall ensure that there are sufficient training positions available to enable compliance with subsection (a). 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. 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). 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. 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. “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 .] individual soldier qualification and training; collective training and qualification at the crew, section, team, and squad level; and maneuver training at the platoon level as required of all Army units; and that combat training for command and staff leadership include annual multi-echelon training to develop battalion, brigade, and division level skills, as appropriate. “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. Repealed. Pub. L. 114–328, div. A, title III, § 321(b) , Dec. 23, 2016 , 130 Stat. 2075 .] 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 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. approving the training program of that unit; reviewing the readiness report of that unit; assessing the manpower, equipment, and training resources requirements of that unit; and validating, not less often than annually, the compatibility of that unit with the active duty forces. 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 . 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. 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. Repealed. Pub. L. 114–328, div. A, title III, § 321(b) , Dec. 23, 2016 , 130 Stat. 2075 .] “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.”

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