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10 U.S.C. § 10508 — National Guard Bureau: general provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Manpower Requirements of National Guard Bureau.—** The manpower requirements of the National Guard Bureau as a joint activity of the Department of Defense shall be determined in accordance with regulations prescribed by the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff.
**(b) Personnel for Functions of National Guard Bureau.—**
(1) **In general.—** — The Chief of the National Guard Bureau may program for, appoint, employ, administer, detail, and assign persons under sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or [section 328 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section328&num=0&edition=prelim), within the National Guard Bureau and the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands to execute the functions of the National Guard Bureau and the missions of the National Guard, and missions as assigned by the Chief of the National Guard Bureau.
(2) **Administration through adjutants general.—** — The Chief of the National Guard Bureau may designate the adjutants general referred to in [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) to appoint, employ, and administer the National Guard employees authorized by this subsection.
(3) **Administrative actions.—** — Notwithstanding the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq.) and under regulations prescribed by the Chief of the National Guard Bureau, all personnel actions or conditions of employment, including adverse act
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Source file: Laws/federal/codes/united-states-code/title-10/section-10508-national-guard-bureau-general-provisions--0084145c73.md
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Source location: Title 10, Chapter 1011, § 10508; chapter-1011-national-guard-bureau.md
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**(a) Manpower Requirements of National Guard Bureau.—** The manpower requirements of the National Guard Bureau as a joint activity of the Department of Defense shall be determined in accordance with regulations prescribed by the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff.
**(b) Personnel for Functions of National Guard Bureau.—**
(1) **In general.—** — The Chief of the National Guard Bureau may program for, appoint, employ, administer, detail, and assign persons under sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or [section 328 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section328&num=0&edition=prelim), within the National Guard Bureau and the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands to execute the functions of the National Guard Bureau and the missions of the National Guard, and missions as assigned by the Chief of the National Guard Bureau.
(2) **Administration through adjutants general.—** — The Chief of the National Guard Bureau may designate the adjutants general referred to in [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) to appoint, employ, and administer the National Guard employees authorized by this subsection.
(3) **Administrative actions.—** — Notwithstanding the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq.) and under regulations prescribed by the Chief of the National Guard Bureau, all personnel actions or conditions of employment, including adverse actions under title 5, pertaining to a person appointed, employed, or administered by an adjutant general under this subsection shall be accomplished by the adjutant general of the jurisdiction concerned. For purposes of any administrative complaint, grievance, claim, or action arising from, or relating to, such a personnel action or condition of employment:
(A) The adjutant general of the jurisdiction concerned shall be considered the head of the agency and the National Guard of the jurisdiction concerned shall be considered the employing agency of the individual and the sole defendant or respondent in any administrative action.
(B) The National Guard of the jurisdiction concerned shall defend any administrative complaint, grievance, claim, or action, and shall promptly implement all aspects of any final administrative order, judgment, or decision.
(C) In any civil action or proceeding brought in any court arising from an action under this section, the United States shall be the sole defendant or respondent.
(D) The Attorney General of the United States shall defend the United States in actions arising under this section described in subparagraph (C).
(E) Any settlement, judgment, or costs arising from an action described in subparagraph (A) or (C) shall be paid from appropriated funds allocated to the National Guard of the jurisdiction concerned.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, with the consent of the Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty, as defined by [section 101(d)(6) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/6&num=0&edition=prelim), pursuant to [section 502(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim).
**(b) Duties.—** A member of the National Guard performing duty under subsection (a) may perform the additional duties specified in [section 502(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/2&num=0&edition=prelim) to the extent that the performance of those duties does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components.
**(c) Waiver Authority.—**
(1) Notwithstanding [section 101(d)(6)(A) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/6/A&num=0&edition=prelim) and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty.
(2) Training performed
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 328
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Federal law — U.S. Code and appendices · legal_authorities
Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as the Office may determine, with necessary adjustments on account of overpayments or underpayments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
**(b)** The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
**(c)** The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
**(d)** The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 314
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 3624
TITLE 10—ARMED FORCES
§ 10507
Dec. 31, 2011, 125 Stat. 1393; Pub. L. 113–291, div.
A, title V, § 512(a)–(c), Dec. 19, 2014, 128 Stat. 3358;
Pub. L. 114–328, div. A, title V, § 502(ss), Dec. 23,
2016, 130 Stat. 2107.)
Editorial Notes
AMENDMENTS
2016—Subsec. (a)(1)(A), (B). Pub. L. 114–328, § 502(ss)(2),
which directed amendment of subpars. (A) and (B) by
striking ‘‘, and shall hold the grade of lieutenant gen-
eral while so serving,’’ was executed by striking
‘‘, shall hold the grade of lieutenant general while so
serving,’’ after ‘‘in accordance with paragraph (3)’’ to
reflect the probable intent of Congress.
Pub. L. 114–328, § 502(ss)(1), which directed amendment
of subpars. (A) and (B) by striking ‘‘general’’, was exe-
cuted by striking ‘‘general’’ before ‘‘officers selected’’
to reflect the probable intent of Congress.
2014—Subsec. (a)(1)(A). Pub. L. 113–291, § 512(a)(1), in-
serted ‘‘(after consultation with the Chief of the Na-
tional Guard Bureau)’’ after ‘‘selected by the Secretary
of the Army’’.
Subsec. (a)(1)(B). Pub. L. 113–291, § 512(a)(2), inserted
‘‘(after consultation with the Chief of the National
Guard Bureau)’’ after ‘‘selected by the Secretary of the
Air Force’’.
Subsec. (a)(2). Pub. L. 113–291, § 512(b), substituted
‘‘The Director and Deputy Director, Army National
Guard, and the Director and Deputy Director, Air Na-
tional Guard,’’ for ‘‘The officers so selected’’.
Subsec. (a)(3)(D), (E). Pub. L. 113–291, § 512(c), redesig-
nated subpar. (E) as (D) and struck out former subpar.
(D). Prior to amendment, subpar. (D) related to waiver
of subsec. (a)(3)(B)(ii) with respect to the appointment
of an officer as Director, Army National Guard, or as
Director, Air National Guard.
2011—Subsec. (a)(1). Pub. L. 112–81 substit
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 10508
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6213
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4702
Editorial Notes
AMENDMENTS
1987—Pub. L. 100–17 designated existing provisions as
subsec. (a), substituted ‘‘an acquiring agency’’ for ‘‘a
State agency’’ and ‘‘such acquiring agency’’ for ‘‘such
State agency’’, and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–17 effective on effective
date provided in regulations promulgated under section
4633 of this title (as amended by section 412 of Pub. L.
100–17), but not later than 2 years after Apr. 2, 1987, see
section 418 of Pub. L. 100–17, set out as a note under sec-
tion 4601 of this title.
CHAPTER 62—INTERGOVERNMENTAL
PERSONNEL PROGRAM
Sec.
4701.
Congressional findings and declaration of pol-
icy.
4702.
Administration of authorities.
SUBCHAPTER I—DEVELOPMENT OF POLICIES
AND STANDARDS
4711 to 4713. Omitted.
SUBCHAPTER II—STRENGTHENING STATE AND
LOCAL PERSONNEL ADMINISTRATION
4721.
Declaration of purpose.
4722.
State government and statewide programs
and grants.
4723.
Local government programs and grants.
4724.
Intergovernmental cooperation in recruiting
and examining activities; potential employ-
ees, certification; payments for costs; cred-
its to appropriation or fund for payment of
expenses.
4725.
Technical assistance; waiver of payments for
costs; credits to appropriation or fund for
payment of expenses.
4726.
Coordination of Federal programs.
4727.
Interstate compacts.
4728.
Transfer of functions.
SUBCHAPTER III—TRAINING AND DEVELOPING
STATE AND LOCAL EMPLOYEES
4741.
Declaration of purpose.
4742.
Admission to Federal employee training pro-
grams.
4743.
Grants to State and local governments for
training.
4744.
Grants to other organizations.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 4701. This identifies an authority to review, not proof of applicability.