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10 USC CHAPTER 1013 - BUDGET INFORMATION AND ANNUAL

REPORTS TO CONGRESS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1013 - BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS

.

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CHAPTER 1013 - BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS

-MISC1-

Sec.

10541. National Guard and reserve component equipment: annual

report to Congress.

10542. Army National Guard combat readiness: annual report.

10543. National Guard and reserve component equipment procurement

and military construction funding: inclusion in future-years

defense program.

AMENDMENTS

1996 - Pub. L. 104-201, title XII, Sec. 1257(a)(2), Sept. 23,

1996, 110 Stat. 2699, added item 10543.

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10 USC Sec. 10541 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1013 - BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS

-HEAD-

Sec. 10541. National Guard and reserve component equipment: annual

report to Congress

-STATUTE-

(a) The Secretary of Defense shall submit to the Congress each

year, not later than February 15, a written report concerning the

equipment of the National Guard and the reserve components of the

armed forces for each of the three succeeding fiscal years.

(b) Each report under this section shall include the following:

(1) Recommendations as to the type and quantity of each major

item of equipment which should be in the inventory of the

Selected Reserve of the Ready Reserve of each reserve component

of the armed forces.

(2) A statement of the quantity and average age of each type of

major item of equipment which is expected to be physically

available in the inventory of the Selected Reserve of the Ready

Reserve of each reserve component as of the beginning of each

fiscal year covered by the report.

(3) A statement of the quantity and cost of each type of major

item of equipment which is expected to be procured for the

Selective Reserve of the Ready Reserve of each reserve component

from commercial sources or to be transferred to each such

Selected Reserve from the active-duty components of the armed

forces.

(4) A statement of the quantity of each type of major item of

equipment which is expected to be retired, decommissioned,

transferred, or otherwise removed from the physical inventory of

the Selected Reserve of the Ready Reserve of each reserve

component and the plans for replacement of that equipment.

(5) A listing of each major item of equipment required by the

Selected Reserve of the Ready Reserve of each reserve component

indicating -

(A) the full war-time requirement of that component for that

item, shown in accordance with deployment schedules and

requirements over successive 30-day periods following

mobilization;

(B) the number of each such item in the inventory of the

component;

(C) a separate listing of each such item in the inventory

that is a deployable item and is not the most desired item;

(D) the number of each such item projected to be in the

inventory at the end of the third succeeding fiscal year; and

(E) the number of nondeployable items in the inventory as a

substitute for a required major item of equipment.

(6) A narrative explanation of the plan of the Secretary

concerned to provide equipment needed to fill the war-time

requirement for each major item of equipment to all units of the

Selected Reserve, including an explanation of the plan to equip

units of the Selected Reserve that are short of major items of

equipment at the outset of war.

(7) For each item of major equipment reported under paragraph

(3) in a report for one of the three previous years under this

section as an item expected to be procured for the Selected

Reserve or to be transferred to the Selected Reserve, the

quantity of such equipment actually procured for or transferred

to the Selected Reserve.

(8) A statement of the current status of the compatibility of

equipment between the Army reserve components and active forces

of the Army, the effect of that level of incompatibility on

combat effectiveness, and a plan to achieve full equipment

compatibility.

(c) Each report under this section shall be expressed in the same

format and with the same level of detail as the information

presented in the annual Five Year Defense Program Procurement Annex

prepared by the Department of Defense.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1483(a), Nov. 5,

1990, 104 Stat. 1714, Sec. 115b; amended Pub. L. 102-484, div. A,

title XI, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541; renumbered Sec.

10541 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 115(a)(2), (3) of this title, prior to repeal by Pub. L.

101-510, Sec. 1483(a).

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 115b of this title as

this section and substituted ''National Guard and reserve component

equipment: annual report to Congress'' for ''Annual report on

National Guard and reserve component equipment'' as section

catchline.

1992 - Subsec. (b)(8). Pub. L. 102-484 added par. (8).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

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10 USC Sec. 10542 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1013 - BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS

-HEAD-

Sec. 10542. Army National Guard combat readiness: annual report

-STATUTE-

(a) In General. - The Secretary of the Army shall include in the

annual report of the Secretary to Congress known as the Army

Posture Statement a detailed presentation concerning the Army

National Guard, including particularly information relating to the

implementation of the Army National Guard Combat Readiness Reform

Act of 1992 (title XI of Public Law 102-484; 106 Stat. 2536)

(hereinafter in this section referred to as ''ANGCRRA'').

(b) Matters To Be Included in Report. - Each presentation under

subsection (a) shall include, with respect to the period covered by

the report, the following information concerning the Army National

Guard:

(1) The number and percentage of officers with at least two

years of active-duty before becoming a member of the Army

National Guard.

(2) The number and percentage of enlisted personnel with at

least two years of active-duty before becoming a member of the

Army National Guard.

(3) The number of officers who are graduates of one of the

service academies and were released from active duty before the

completion of their active-duty service obligation and, of those

officers -

(A) the number who are serving the remaining period of their

active-duty service obligation as a member of the Selected

Reserve pursuant to section 1112(a)(1) of ANGCRRA; and

(B) the number for whom waivers were granted by the Secretary

under section 1112(a)(2) of ANGCRRA, together with the reason

for each waiver.

(4) The number of officers who were commissioned as

distinguished Reserve Officers' Training Corps graduates and were

released from active duty before the completion of their

active-duty service obligation and, of those officers -

(A) the number who are serving the remaining period of their

active-duty service obligation as a member of the Selected

Reserve pursuant to section 1112(a)(1) of ANGCRRA; and

(B) the number for whom waivers were granted by the Secretary

under section 1112(a)(2) of ANGCRRA, together with the reason

for each waiver.

(5) The number of officers who are graduates of the Reserve

Officers' Training Corps program and who are performing their

minimum period of obligated service in accordance with section

1112(b) of ANGCRRA 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 served in the

National Guard and, of those officers, the number for whom

permission to perform their minimum period of obligated service

in accordance with that section was granted during the preceding

fiscal year.

(6) The number of officers for whom recommendations were made

during the preceding fiscal year for a unit vacancy promotion to

a grade above first lieutenant and, of those recommendations, the

number and percentage that were concurred in by an active-duty

officer under section 1113(a) of ANGCRRA, shown separately for

each of the three categories of officers set forth in section

1113(b) of ANGCRRA.

(7) The number of waivers during the preceding fiscal year

under section 1114(a) of ANGCRRA of any standard prescribed by

the Secretary establishing a military education requirement for

noncommissioned officers and the reason for each such waiver.

(8) The number and distribution by grade, shown for each State,

of personnel in the initial entry training and nondeployability

personnel accounting category established under section 1115 of

ANGCRRA for members of the Army National Guard who have not

completed the minimum training required for deployment or who are

otherwise not available for deployment.

(9) The number of members of the Army National Guard, shown for

each State, that were discharged during the previous fiscal year

pursuant to section 1115(c)(1) of ANGCRRA for not completing the

minimum training required for deployment within 24 months after

entering the National Guard.

(10) The number of waivers, shown for each State, that were

granted by the Secretary during the previous fiscal year under

section 1115(c)(2) of ANGCRRA of the requirement in section

1115(c)(1) of ANGCRRA described in paragraph (9), together with

the reason for each waiver.

(11) The number of members, shown for each State, who were

screened during the preceding fiscal year to determine whether

they meet minimum physical profile standards required for

deployment and, of those members -

(A) the number and percentage who did not meet minimum

physical profile standards required for deployment; and

(B) the number and percentage who were transferred pursuant

to section 1116 of ANGCRRA to the personnel accounting category

described in paragraph (8).

(12) The number of members, and the percentage of the total

membership, of the Army National Guard, shown for each State, who

underwent a medical screening during the previous fiscal year as

provided in section 1117 of ANGCRRA.

(13) The number of members, and the percentage of the total

membership, of the Army National Guard, shown for each State, who

underwent a dental screening during the previous fiscal year as

provided in section 1117 of ANGCRRA.

(14) The number of members, and the percentage of the total

membership, of the Army National Guard, shown for each State,

over the age of 40 who underwent a full physical examination

during the previous fiscal year for purposes of section 1117 of

ANGCRRA.

(15) The number of units of the Army National Guard that are

scheduled for early deployment in the event of a mobilization

and, of those units, the number that are dentally ready for

deployment in accordance with section 1118 of ANGCRRA.

(16) The estimated post-mobilization training time for each

Army National Guard combat unit, and a description, displayed in

broad categories and by State, of what training would need to be

accomplished for Army National Guard combat units in a

post-mobilization period for purposes of section 1119 of ANGCRRA.

(17) A description of the measures taken during the preceding

fiscal year to comply with the requirement in section 1120 of

ANGCRRA to expand the use of simulations, simulators, and

advanced training devices and technologies for members and units

of the Army National Guard.

(18) Summary tables of unit readiness, shown for each State,

and drawn from the unit readiness rating system as required by

section 1121 of ANGCRRA, including the personnel readiness rating

information and the equipment readiness assessment information

required by that section, together with -

(A) explanations of the information shown in the table; and

(B) based on the information shown in the tables, the

Secretary's overall assessment of the deployability of units of

the Army National Guard, including a discussion of personnel

deficiencies and equipment shortfalls in accordance with such

section 1121.

(19) Summary tables, shown for each State, of the results of

inspections of units of the Army National Guard by inspectors

general or other commissioned officers of the Regular Army under

the provisions of section 105 of title 32, together with

explanations of the information shown in the tables, and

including display of -

(A) the number of such inspections;

(B) identification of the entity conducting each inspection;

(C) the number of units inspected; and

(D) the overall results of such inspections, including the

inspector's determination for each inspected unit of whether

the unit met deployability standards and, for those units not

meeting deployability standards, the reasons for such failure

and the status of corrective actions.

(20) A listing, for each Army National Guard combat unit, of

the active-duty combat unit associated with that Army National

Guard unit in accordance with section 1131(a) of ANGCRRA, shown

by State and to be accompanied, for each such National Guard

unit, by -

(A) the assessment of the commander of that associated

active-duty unit of the manpower, equipment, and training

resource requirements of that National Guard unit in accordance

with section 1131(b)(3) of ANGCRRA; and

(B) the results of the validation by the commander of that

associated active-duty unit of the compatibility of that

National Guard unit with active duty forces in accordance with

section 1131(b)(4) of ANGCRRA.

(21) A specification of the active-duty personnel assigned to

units of the Selected Reserve pursuant to section 414(c) of the

National Defense Authorization Act for Fiscal Years 1992 and 1993

(10 U.S.C. 12001 note), shown (A) by State, (B) by rank of

officers, warrant officers, and enlisted members assigned, and

(C) by unit or other organizational entity of assignment.

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 521(a), Nov. 30,

1993, 107 Stat. 1652, Sec. 3082; renumbered Sec. 10542 and amended

Pub. L. 103-337, div. A, title XVI, Sec. 1661(d)(3), Oct. 5, 1994,

108 Stat. 2982; Pub. L. 104-106, div. A, title XV, Sec.

1501(b)(8), Feb. 10, 1996, 110 Stat. 496; Pub. L. 104-201, div. A,

title X, Sec. 1074(a)(21), Sept. 23, 1996, 110 Stat. 2660.)

-REFTEXT-

REFERENCES IN TEXT

The Army National Guard Combat Readiness Reform Act of 1992,

referred to in text, is title XI (Sec. 1101-1137) of div. A of

Pub. L. 102-484, Oct. 23, 1992, 106 Stat. 2536, as amended, which

is set out as a note under section 10105 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(21). Pub. L. 104-201 substituted ''10 U.S.C.

12001 note'' for ''10 U.S.C. 261 note''.

Subsec. (d). Pub. L. 104-106 struck out subsec. (d) which read as

follows: ''Definition. - In this section, the term 'State' includes

the District of Columbia, Puerto Rico, Guam, and the Virgin

Islands.''

1994 - Pub. L. 103-337 renumbered section 3082 of this title as

this section, struck out ''reform'' after ''readiness'' in section

catchline, and struck out heading and text of subsec. (c). Text

read as follows: ''The requirement to include in a presentation

required by subsection (a) information under any paragraph of

subsection (b) shall take effect with respect to the year following

the year in which the provision of ANGCRRA to which that paragraph

pertains has taken effect. Before then, in the case of any such

paragraph, the Secretary shall include any information that may be

available concerning the topic covered by that paragraph.''

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 OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

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10 USC Sec. 10543 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1013 - BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS

-HEAD-

Sec. 10543. National Guard and reserve component equipment

procurement and military construction funding: inclusion in

future-years defense program

-STATUTE-

(a) In General. - The Secretary of Defense shall specify in each

future-years defense program submitted to Congress under section

221 of this title the estimated expenditures and the proposed

appropriations, for each fiscal year of the period covered by that

program, for the procurement of equipment and for military

construction for each of the reserve components of the armed

forces.

(b) Associated Annexes. - The associated annexes of the

future-years defense program shall specify, at the same level of

detail as is set forth in the annexes for the active components,

the amount requested for -

(1) procurement of each item of equipment to be procured for

each reserve component; and

(2) each military construction project to be carried out for

each reserve component, together with the location of the

project.

(c) Report. - (1) If the aggregate of the amounts specified in

paragraphs (1) and (2) of subsection (b) for a fiscal year is less

than the amount equal to 90 percent of the average authorized

amount applicable for that fiscal year under paragraph (2), the

Secretary of Defense shall submit to Congress a report specifying

for each reserve component the additional items of equipment that

would be procured, and the additional military construction

projects that would be carried out, if that aggregate amount were

an amount equal to such average authorized amount. The report

shall be at the same level of detail as is required by subsection

(b).

(2) In this subsection, the term ''average authorized amount'',

with respect to a fiscal year, means the average of -

(A) the aggregate of the amounts authorized to be appropriated

for the preceding fiscal year for the procurement of items of

equipment, and for military construction, for the reserve

components; and

(B) the aggregate of the amounts authorized to be appropriated

for the fiscal year preceding the fiscal year referred to in

subparagraph (A) for the procurement of items of equipment, and

for military construction, for the reserve components.

(3) A report required under paragraph (1) for a fiscal year shall

be submitted not later than 15 days after the date on which the

President submits to Congress the budget for such fiscal year under

section 1105(a) of title 31.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XII, Sec. 1257(a)(1), Sept.

23, 1996, 110 Stat. 2699; amended Pub. L. 105-85, div. A, title X,

Sec. 1009(a), Nov. 18, 1997, 111 Stat. 1872; Pub. L. 106-398, Sec.

1 ((div. A), title IX, Sec. 931), Oct. 30, 2000, 114 Stat. 1654,

1654A-237.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(3). Pub. L. 106-398 added par. (3).

1997 - Pub. L. 105-85 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) and (c).

EFFECTIVE DATE

Section 1257(b) of Pub. L. 104-201 provided that: ''Section 10543

of title 10, United States Code, as added by subsection (a), shall

apply with respect to each future-years defense program submitted

to Congress after the date of the enactment of this Act (Sept. 23,

1996).''

REQUIRED LEVEL OF DETAIL

Section 1009(b) of Pub. L. 105-85 provided that: ''The level of

detail provided for procurement and military construction in the

future-years defense programs for fiscal years after fiscal year

1998 may not be less than the level of detail provided for

procurement and military construction in the future-years defense

program for fiscal year 1998.''

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10 USC PART II - PERSONNEL GENERALLY 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

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PART II - PERSONNEL GENERALLY

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Chap. Sec.

1201. Authorized Strengths and Distribution in Grade 12001

1203. Enlisted Members 12101

1205. Appointment of Reserve Officers 12201

1207. Warrant Officers 12241

1209. Active Duty 12301

1211. National Guard Members in Federal Service 12401

1213. Special Appointments, Assignments, Details, and Duties

12501

1214. Ready Reserve Mobilization Income Insurance 12521

1215. Miscellaneous Prohibitions and Penalties 12551

1217. Miscellaneous Rights and Benefits 12601

1219. Standards and Procedures for Retention and Promotion

12641

1221. Separation 12681

1223. Retired Pay for Non-Regular Service 12731

1225. Retired Grade 12771

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title V, Sec. 515(b), Nov. 18,

1997, 111 Stat. 1733, substituted ''12551'' for ''(No present

sections)'' in item for chapter 1215.

1996 - Pub. L. 104-106, div. A, title V, Sec. 512(a)(2), Feb.

10, 1996, 110 Stat. 305, added item for chapter 1214.

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