§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 .)

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, §1661(a)(3)(A).

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, 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, §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, §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 , 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. MINIMUM PERCENTAGE OF PRIOR ACTIVE-DUTY PERSONNEL.

"(a) Establishment of Minimum Percentage.-The Secretary of the Army shall have an objective of increasing the percentage of qualified prior active-duty personnel in the Army National Guard to 65 percent, in the case of officers, and to 50 percent, in the case of enlisted members, by September 30, 1997.

"(b) Interim Accession Percentages.-The Secretary shall prescribe regulations establishing for each of fiscal years 1994 through 1997 an accession percentage for officers, and a separate accession percentage for enlisted members, for prior active-duty personnel so as to facilitate compliance with the objectives stated in subsection (a).

"(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.

"(d) Deadline for Regulations.-The regulations required by subsection (a) shall be prescribed not later than December 15, 1993. The Secretary shall submit those regulations to the Committees on Armed Services of the Senate and House of Representatives not later than January 15, 1994.

"(e) List of Certain Separated Officers.-On a semiannual basis, the Secretary of the Army shall furnish to the Chief of the National Guard Bureau a list containing the name, home of record, and last-known mailing address of each officer of the Army who during the previous six months was honorably separated from active duty in the grade of major or below.

"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 National Guard.

"SEC. 1113. REVIEW OF OFFICER PROMOTIONS BY COMMANDER OF ASSOCIATED ACTIVE DUTY UNIT.

"(a) Review.-Whenever an officer in an Army National Guard 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 National Guard 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) Implementation.-Subsection (a) shall take effect-

"(1) on April 1, 1993, for officers in Army National Guard units that on that date are designated as round-out/round-up units;

"(2) on October 1, 1993, for officers in other units of the Army National Guard in the Selected Reserve of the Ready Reserve that are designated as early deploying units; and

"(3) on April 1, 1994, for officers in all other Army National Guard combat units.

"(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 National Guard to be used for categorizing members of the National Guard 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 National Guard has completed the minimum training necessary for deployment, the member may not be assigned to fill a position in a National Guard 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 National Guard enters the National Guard, the member has not completed the minimum training required for deployment, the member shall be discharged from the Army National Guard.

"(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 National Guard from the National Guard 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.

"SEC. 1117. MEDICAL ASSESSMENTS.

"The Secretary of the Army shall require that-

"(1) each member of the Army National Guard undergo a medical and dental screening on an annual basis; and

"(2) each member of the Army National Guard over the age of 40 undergo a full physical examination not less often than every two years.

"SEC. 1118. DENTAL READINESS OF MEMBERS OF EARLY DEPLOYING UNITS.

"(a) Development of Plan.-The Secretary of the Army shall develop a plan to ensure that units of the Army National Guard scheduled for early deployment in the event of a mobilization (as determined by the Secretary) are dentally ready (as defined in regulations of the Secretary) for deployment.

"(b) Report.-The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such plan not later than December 1, 1993. The Secretary shall include in the report any legislative proposals that the Secretary considers necessary in order to implement the plan.

"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.

"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 that each National Guard combat unit of the Army National Guard be associated with an active-duty combat unit.

"(b) Responsibilities.-The commander (at a brigade or higher level) of the associated active duty unit for any National Guard combat unit shall be responsible for-

"(1) approving the training program of the National Guard unit;

"(2) reviewing the readiness report of the National Guard unit;

"(3) assessing the manpower, equipment, and training resources requirements of the National Guard unit; and

"(4) validating, not less often than annually, the compatibility of the National Guard 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."