10 U.S.C. § 10504 — Chief of National Guard Bureau: annual

Page 3621 TITLE 10—ARMED FORCES § 10504 Editorial Notes AMENDMENTS 2013—Par. (13)(B)(iii), (iv). Pub. L. 112–239 redesig- nated cl. (iv) as (iii) and struck out former cl. (iii) which read as follows: ‘‘The United States Joint Forces Command.’’ 2008—Pub. L. 110–181, § 1813(c)(1), substituted ‘‘char- ter’’ for ‘‘charter from Secretaries of the Army and Air Force’’ in section catchline. Pub. L. 110–181, § 1813(b)(1), in introductory provisions, substituted ‘‘The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, the Sec- retary of the Army, and the Secretary of the Air Force, shall develop’’ for ‘‘The Secretary of the Army and the Secretary of the Air Force shall jointly develop’’ and ‘‘reflect the full scope of the duties and activities of the Bureau, including’’ for ‘‘cover’’. Pars. (2) to (14). Pub. L. 110–181, § 1813(a), (b)(2), added pars. (2) and (13), redesignated former pars. (2) to (11) as (3) to (12), respectively, and former par. (12) as (14), and substituted ‘‘the Secretary of Defense’’ for ‘‘the Secre- taries’’ in par. (14). Statutory Notes and Related Subsidiaries 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. ANNUAL PREPARATION OF FUTURE YEARS DEFENSE PLAN Pub. L. 104–196, § 123, Sept. 16, 1996, 110 Stat. 2392, pro- vided that: ‘‘The National Guard Bureau shall annually prepare a future years defense plan based on the re- quirement and priorities of the National Guard: Pro- vided, That this plan shall be presented to the commit- tees of Congress concurrent with the President’s budget submission for each fiscal year.’’ § 10504. Chief of National Guard Bureau: annual reports (a) ANNUAL REPORT ON STATE OF THE NATIONAL GUARD.—(1) The Chief of the National Guard Bu- reau shall submit to the Secretary of Defense, through the Secretaries of the Army and the Air Force, an annual report on the state of the Na- tional Guard and the ability of the National Guard to meet its missions. (2) The annual report required by paragraph (1) shall be prepared in conjunction with the Sec- retary of the Army and the Secretary of the Air Force and may be submitted in classified and unclassified versions. (b) SUBMISSION OF REPORT TO CONGRESS.—The Secretary of Defense shall transmit the annual report of the Chief of the National Guard Bureau to Congress, together with such comments on the report as the Secretary considers appro- priate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113(c) of this title is submitted to Congress. (c) ANNUAL REPORT ON NON-FEDERALIZED SERV- ICE NATIONAL GUARD PERSONNEL, TRAINING, AND EQUIPMENT REQUIREMENTS.—(1) Not later than January 31 of each of calendar years 2018 through 2020, the Chief of the National Guard Bureau, in coordination with the Secretary of Defense, shall submit to the recipients described in paragraph (3) a report that identifies the per- sonnel, training, and equipment required by the non-Federalized National Guard— (A) to support civilian authorities in connec- tion with natural and man-made disasters dur- ing the covered period; and (B) to carry out prevention, protection, mitigation, response, and recovery activities relating to such disasters during the covered period. (2) In preparing each report under paragraph (1), the Chief of the National Guard Bureau shall— (A) consult with the chief executive of each State, the Council of Governors, and other ap- propriate civilian authorities; (B) collect and validate information from each State relating to the personnel, training, and equipment requirements described in paragraph (1); (C) set forth separately the personnel, train- ing, and equipment requirements for— (i) each of the emergency support func- tions of the National Response Framework; and (ii) each of the Federal Emergency Man- agement Agency regions; (D) assess core civilian capability gaps relat- ing to natural and man-made disasters, as identified by States in submissions to the De- partment of Homeland Security; (E) take into account threat and hazard identifications and risk assessments of the De- partment of Defense, the Department of Homeland Security, and the States; and (F) assess the budgets of each State to sup- port the personnel, training, and equipment requirements of the non-Federalized National Guard. (3) The annual report required by paragraph (1) shall be submitted to the following officials: (A) The congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Af- fairs of the Senate. (B) The Secretary of Defense. (C) The Secretary of Homeland Security. (D) The Council of Governors. (E) The Secretary of the Army. (F) The Secretary of the Air Force. (G) The Commander of the United States Northern Command. (H) The Commander of the United States Indo-Pacific Command. (I) The Commander of the United States Cyber Command. (4) In this subsection, the term ‘‘covered pe- riod’’ means the fiscal year beginning after the date on which a report is submitted under para- graph (1). (Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2825; amended Pub. L. 115–91, div. A, title III, § 333(a), (b)(1), Dec. 12, 2017, 131 Stat. 1354–1356; Pub. L. 115–232, div. A, title X, § 1081(a)(30), title XII, § 1251(b)(1), Aug. 13, 2018, 132 Stat. 1985, 2053.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232, § 1081(a)(30)(A), in- serted ‘‘(1)’’ before ‘‘The Chief’’. Page 3622 TITLE 10—ARMED FORCES § 10505 Subsecs. (b), (c). Pub. L. 115–232, § 1081(a)(30)(B), redes- ignated subsec. (b), relating to annual report on non- Federalized service National Guard personnel, training, and equipment requirements, as (c). Subsec. (c)(3)(H). Pub. L. 115–232, § 1251(b)(1), sub- stituted ‘‘United States Indo-Pacific Command’’ for ‘‘United States Pacific Command’’. 2017—Pub. L. 115–91, § 333(b)(1), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Chief of National Guard Bureau: an- nual report’’. Subsec. (a). Pub. L. 115–91, § 333(a)(1)(A), substituted ‘‘Report on State of the National Guard’’ for ‘‘Report’’ in heading. Subsec. (a)(2). Pub. L. 115–91, § 333(a)(1)(B), designated second sentence of subsec. (a) as par. (2) and sub- stituted ‘‘The annual report required by paragraph (1)’’ for ‘‘The report’’. Subsec. (b). Pub. L. 115–91, § 333(a)(2), added subsec. (b) relating to annual report on non-Federalized service National Guard personnel, training, and equipment re- quirements. Statutory Notes and Related Subsidiaries 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. § 10505. Vice Chief of the National Guard Bureau (a) APPOINTMENT.—(1) There is a Vice Chief of the National Guard Bureau, appointed by the President, by and with the advice and consent of the Senate. The appointment shall be made from officers of the Army National Guard of the United States or the Air National Guard of the United States who— (A) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; (B) are recommended by the Secretary of the Army, in the case of officers of the Army Na- tional Guard of the United States, or by the Secretary of the Air Force, in the case of offi- cers of the Air National Guard of the United States, and by the Secretary of Defense; (C) are determined by the Chairman of the Joint Chiefs of Staff, in accordance with cri- teria and as a result of a process established by the Chairman, to have significant joint duty experience; and (D) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard. (2) The Chief of the National Guard Bureau and the Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force. (3)(A) Except as provided in subparagraph (B), an officer appointed as Vice Chief of the Na- tional Guard Bureau serves for a term of four years, but may be removed from office at any time for cause. (B) The term of the Vice Chief of the National Guard Bureau shall end upon the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief. (4) The Secretary of Defense may waive the re- strictions in paragraph (2) and the provisions of paragraph (3) for not more than 90 days to pro- vide for the orderly transition of officers ap- pointed to serve in the positions of Chief of the National Guard Bureau and the Vice Chief of the National Guard Bureau. (b) DUTIES.—The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau. (c) GRADE.—(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general. (2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. (Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2826; amended Pub. L. 108–375, div. A, title V, §§ 507(c), 508(a)–(b)(3), (c)(1), Oct. 28, 2004, 118 Stat. 1876, 1877; Pub. L. 112–81, div. A, title V, § 511(b), (c)(1), (d)(1), Dec. 31, 2011, 125 Stat. 1392, 1393; Pub. L. 114–328, div. A, title V, §§ 502(rr), 511, Dec. 23, 2016, 130 Stat. 2106, 2112; Pub. L. 118–31, div. A, title V, § 512, Dec. 22, 2023, 137 Stat. 244.) Editorial Notes AMENDMENTS 2023—Subsec. (c). Pub. L. 118–31 added subsec. (c). 2016—Subsec. (a)(1)(E). Pub. L. 114–328, § 502(rr)(1), struck out subpar. (E) which read as follows: ‘‘are in a grade above the grade of brigadier general.’’ Subsec. (a)(4). Pub. L. 114–328, § 511, substituted ‘‘para- graph (3) for not more than 90 days’’ for ‘‘paragraph (3)(B) for a limited period of time’’. Subsec. (c). Pub. L. 114–328, § 502(rr)(2), struck out sub- sec. (c). Text read as follows: ‘‘(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general. ‘‘(2) The Secretary of Defense shall designate, pursu- ant to subsection (b) of section 526 of this title, the po- sition of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.’’ 2011—Pub. L. 112–81, § 511(d)(1), substituted ‘‘Vice Chief of the National Guard Bureau’’ for ‘‘Director of the Joint Staff of the National Guard Bureau’’ in sec- tion catchline. Subsec. (a)(1). Pub. L. 112–81, § 511(b)(1), substituted ‘‘Vice Chief of the National Guard Bureau, appointed by the President, by and with the advice and consent of the Senate. The appointment shall be made from’’ for ‘‘Director of the Joint Staff of the National Guard Bu- reau, selected by the Secretary of Defense from’’ in in- troductory provisions. Subsec. (a)(1)(B) to (E). Pub. L. 112–81, § 511(b)(2), added subpars. (B) and (C), redesignated former sub- pars. (B) and (C) as (D) and (E), respectively, and sub- stituted ‘‘brigadier general’’ for ‘‘colonel’’ in subpar. (E). Subsec. (a)(2) to (4). Pub. L. 112–81, § 511(c)(1)(A), sub- stituted ‘‘Vice Chief’’ for ‘‘Director of the Joint Staff’’ wherever appearing and substituted ‘‘as the Vice Chief’’ for ‘‘as the Director’’ in par. (3)(B). Subsec. (b). Pub. L. 112–81, § 511(c)(1)(B), substituted ‘‘Vice Chief’’ for ‘‘Director of the Joint Staff’’. Subsec. (c). Pub. L. 112–81, § 511(b)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Director of the Joint Staff of the National Guard Bureau shall be appointed to serve in the grade of major general.’’