10 U.S.C. § 10508 — National Guard Bureau: general provi-

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 substituted ‘‘Chief and Vice Chief’’ for ‘‘Chief of the National Guard Bu- reau and the Director of the Joint Staff’’. 2004—Subsec. (a)(1). Pub. L. 108–375, § 508(b)(4), sub- stituted ‘‘Chief of the National Guard Bureau and the Director of the Joint Staff of the National Guard Bu- reau’’ for ‘‘Chief and Vice Chief of the National Guard Bureau’’ in introductory provisions. Subsec. (a)(3)(D). Pub. L. 108–375, § 536(a), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2004’’. 2002—Subsec. (a)(3)(D). Pub. L. 107–314 substituted ‘‘December 31, 2004’’ for ‘‘October 1, 2003’’. 2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title V, § 507(e)(1)], substituted ‘‘shall be appointed in accord- ance with paragraph (3), shall hold the grade of lieuten- ant general while so serving, and shall’’ for ‘‘while so serving shall hold the grade of major general or, if ap- pointed to that position in accordance with section 12505(a)(2) of this title, the grade of lieutenant general, and’’ in subpars. (A) and (B). Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 507(e)(2)], added par. (3). 1999—Subsec. (a)(1)(A), (B). Pub. L. 106–65 inserted ‘‘or, if appointed to that position in accordance with section 12505(a)(2) of this title, the grade of lieutenant general,’’ after ‘‘major general’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. A, title V, § 512(d), Dec. 19, 2014, 128 Stat. 3358, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to assignments to the National Guard Bu- reau under section 10506 of title 10, United States Code, that occur after the date of the enactment of this Act [Dec. 19, 2014].’’ EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS Amendment by Pub. L. 106–65 effective 60 days after Oct. 5, 1999, with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of Pub. L. 106–65, set out as a note under section 3038 of this title. EFFECTIVE DATE Section effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as a note under section 10501 of this title. § 10507. National Guard Bureau: assignment of officers of regular or reserve components Except as provided in section 12402(b) of this title, the President may assign to duty in the National Guard Bureau as many regular or re- serve officers of the Army or Air Force as he considers necessary. (Added Pub. L. 103–337, div. A, title XVI, § 1661(c)(1)(A), Oct. 5, 1994, 108 Stat. 2982; amend- ed Pub. L. 104–106, div. A, title XV, § 1501(b)(6), Feb. 10, 1996, 110 Stat. 496.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3541 and 8541 of this title, prior to re- peal by Pub. L. 103–337, § 1661(c)(2). AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘12402(b)’’ for ‘‘124402(b)’’ and ‘‘Air Force’’ for ‘‘Air Forces’’. Statutory Notes and Related Subsidiaries 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 Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 10508. National Guard Bureau: general provi- sions (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, em- ploy, administer, detail, and assign persons under sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or sec- tion 328 of title 32, within the National Guard Bureau and the National Guard of each State, the Commonwealth of Puerto Rico, the Dis- trict of Columbia, Guam, and the Virgin Is- lands to execute the functions of the National Guard Bureau and the missions of the Na- tional Guard, and missions as assigned by the Chief of the National Guard Bureau. (2) ADMINISTRATION THROUGH ADJUTANTS GEN- ERAL.—The Chief of the National Guard Bu- Page 3625 TITLE 10—ARMED FORCES § 10541 reau may designate the adjutants general re- ferred to in section 314 of title 32 to appoint, employ, and administer the National Guard employees authorized by this subsection. (3) ADMINISTRATIVE ACTIONS.—Notwith- standing the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) and under regula- tions prescribed by the Chief of the National Guard Bureau, all personnel actions or condi- tions of employment, including adverse ac- tions under title 5, pertaining to a person ap- pointed, employed, or administered by an ad- jutant 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 per- sonnel action or condition of employment: (A) The adjutant general of the jurisdic- tion 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 ad- ministrative 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 de- cision. (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 ac- tions arising under this section described in subparagraph (C). (E) Any settlement, judgment, or costs arising from an action described in subpara- graph (A) or (C) shall be paid from appro- priated funds allocated to the National Guard of the jurisdiction concerned. (Added Pub. L. 110–181, div. A, title XVIII, § 1812(b)(1), Jan. 28, 2008, 122 Stat. 497; amended Pub. L. 114–328, div. A, title IX, § 932, Dec. 23, 2016, 130 Stat. 2363; Pub. L. 115–232, div. A, title V, § 517, Aug. 13, 2018, 132 Stat. 1754.) Editorial Notes REFERENCES IN TEXT The Intergovernmental Personnel Act of 1970, re- ferred to in subsec. (b)(3), is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, which is classified principally to chapter 62 (§ 4701 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 42 and Tables. PRIOR PROVISIONS A prior section 10508, added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2827, defined ‘‘State’’ for purposes of this chapter, prior to repeal by Pub. L. 104–106, div. A, title XV, § 1501(b)(7)(A), Feb. 10, 1996, 110 Stat. 496. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–232 substituted ‘‘sec- tions 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or section 328 of title 32,’’ for ‘‘sections 2103, 2105, and 3101 of title 5, or section 328 of title 32,’’. 2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries NUMBER OF MEMBERS OF THE NATIONAL GUARD ON FULL-TIME DUTY IN SUPPORT OF THE RESERVES WITHIN THE NATIONAL GUARD BUREAU Pub. L. 115–91, div. A, title IV, § 416, Dec. 12, 2017, 131 Stat. 1370, provided that: ‘‘(a) ARMY NATIONAL GUARD OF THE UNITED STATES.— As of the end of fiscal year 2019, and as of the end of each fiscal year thereafter, the number of members of the Army National Guard of the United States serving with the National Guard Bureau on full-time duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components may not exceed the number equal to six percent of the total number of members of the Army National Guard of the United States authorized for service on full-time duty for that purpose in that fiscal year. ‘‘(b) AIR NATIONAL GUARD OF THE UNITED STATES.—As of the end of fiscal year 2019, and as of the end of each fiscal year thereafter, the number of members of the Air National Guard of the United States serving with the National Guard Bureau on full-time duty for the purpose of organizing, administering, recruiting, in- structing, or training the reserve components may not exceed the number equal to six percent of the total number of members of the Air National Guard of the United States authorized for service on full-time duty for that purpose in that fiscal year.’’ CHAPTER 1013—BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS Sec. 10541. National Guard and reserve component equip- ment: annual report to Congress. [10542. Repealed.] 10543. National Guard and reserve component equip- ment procurement and military construc- tion funding: inclusion in future-years de- fense program. Editorial Notes AMENDMENTS 2015—Pub. L. 114–92, div. A, title X, § 1073(c)(2), Nov. 25, 2015, 129 Stat. 996, struck out item 10542 ‘‘Army Na- tional Guard combat readiness: annual report’’. 1996—Pub. L. 104–201, title XII, § 1257(a)(2), Sept. 23, 1996, 110 Stat. 2699, added item 10543. § 10541. National Guard and reserve component equipment: annual report to Congress (a) The Secretary of Defense shall submit to the Congress each year, not later than March 15, a written report concerning the equipment of the National Guard and the reserve components of the armed forces for each of the three suc- ceeding fiscal years. (b) Each report under this section shall in- clude the following: (1) Recommendations as to the type and quantity of each major item of equipment which should be in the inventory of the Se- lected 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