10 U.S.C. § 10501 — National Guard Bureau

Page 3618 TITLE 10—ARMED FORCES § 10501 the first proviso of the first sentence is omitted as exe- cuted. The words ‘‘Territories, Puerto Rico, the Canal Zone, and the District of Columbia’’ are inserted to conform to other sections of this title which, in de- scribing the National Guard, also include these juris- dictions. 1958 ACT The change is necessary to make subsection (d) coex- tensive with subsection (c), to which it was a proviso in the source law, the Act of June 3, 1916, chapter 134, sec- tion 5 (1st sentence of 2d par.) (formerly 10 U.S.C. 38 (1st sentence of 2d par.)). Editorial Notes AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31, § 916(2)–(4), inserted par. (1) designation before ‘‘The committee’’, redesig- nated former pars. (1) to (3) as subpars. (A) to (C), re- spectively, of par. (1), and added par. (2). Pub. L. 118–31, § 916(1), substituted ‘‘shall have voting members, who shall be’’ for ‘‘consists of’’ in introduc- tory provisions. Subsec. (b)(2). Pub. L. 118–31, § 511(1), struck out ‘‘not on active duty’’ after ‘‘Air National Guard of the United States’’. Subsec. (b)(3). Pub. L. 118–31, § 511(1), struck out ‘‘not on active duty’’ before period at end. Subsec. (c). Pub. L. 118–31, § 511(2), inserted ‘‘of the re- serve components’’ after ‘‘among the members’’ and struck out ‘‘not on active duty’’ before period at end. 1994—Pub. L. 103–337 renumbered section 8021 of this title as this section. 1986—Pub. L. 99–433, § 521(a)(6)(C), renumbered section 8033 of this title as this section, and substituted ‘‘Air Force Reserve Forces Policy Committee’’ for ‘‘Reserve components of Air Force; policies and regulations for government of: functions of National Guard Bureau with respect to Air National Guard’’ in section catch- line. Subsec. (a). Pub. L. 99–433, § 521(a)(6)(A), substituted ‘‘Policy. The Committee’’ for ‘‘Policy which’’, inserted ‘‘and the mobilization preparedness’’, and substituted ‘‘Air Force. The’’ for ‘‘Air Force and the’’ and ‘‘Sec- retary of the Air Force and the Chief of Staff’’ for ‘‘Chief of Staff, and the Assistant Secretary responsible for reserve affairs’’. Subsec. (b)(2). Pub. L. 99–433, § 521(a)(6)(B), inserted ‘‘and’’ after the semicolon. 1967—Pub. L. 90–168 amended section generally, and among other changes, redesignated subsec. (e) as (h) and increased from seven to eight the number of sub- secs. in the section and in such subsecs. (a)–(h) restated with certain changes the existing authority relating to the Staff Committee on Air Force Reserve Policy with- in the Office of the Secretary of the Air Force, reduced the membership of the Committee from 21 to 15, re- duced the grade requirements so as to permit inclusion of colonels, and provided that the Committee review and comment on all major policies affecting Air Force Reserve matters and that the Committee comments ac- company any final submission to the Chief of Staff and Assistant Secretary responsible for Reserve matters. 1958—Subsec. (d). Pub. L. 85–861 substituted ‘‘affect- ing the organization, distribution, training, appoint- ment, assignment, promotion, or discharge of members of the Air Force Reserve and those of either’’ for ‘‘af- fecting the Air Force Reserve and either’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT For effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. CHAPTER 1011—NATIONAL GUARD BUREAU Sec. 10501. National Guard Bureau. 10502. Chief of the National Guard Bureau: appoint- ment; adviser on National Guard matters; grade; succession. 10503. Functions of National Guard Bureau: charter. 10504. Chief of National Guard Bureau: annual re- ports. 10505. Vice Chief of the National Guard Bureau. 10506. Other senior National Guard Bureau officers. 10507. National Guard Bureau: assignment of offi- cers of regular or reserve components. 10508. National Guard Bureau: general provisions. Editorial Notes AMENDMENTS 2017—Pub. L. 115–91, div. A, title III, § 333(b)(2), Dec. 12, 2017, 131 Stat. 1356, added item 10504 and struck out former item 10504 ‘‘Chief of National Guard Bureau: an- nual report’’. 2011—Pub. L. 112–81, div. A, title V, § 511(d)(2), Dec. 31, 2011, 125 Stat. 1393, substituted ‘‘Vice Chief of the Na- tional Guard Bureau’’ for ‘‘Director of the Joint Staff of the National Guard Bureau’’ in item 10505. 2008—Pub. L. 110–181, div. A, title XVIII, §§ 1812(b)(2), 1813(c)(2), Jan. 28, 2008, 122 Stat. 497, 498, substituted ‘‘Functions of National Guard Bureau: charter’’ for ‘‘Functions of National Guard Bureau: charter from Secretaries of the Army and Air Force’’ in item 10503 and added item 10508. 2004—Pub. L. 108–375, div. A, title V, §§ 507(b)(2), 508(c)(2), Oct. 28, 2004, 118 Stat. 1876, 1877, inserted ‘‘; succession’’ after ‘‘grade’’ in item 10502 and sub- stituted ‘‘Director of the Joint Staff’’ for ‘‘Vice Chief’’ in item 10505. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(5), (7)(B), Feb. 10, 1996, 110 Stat. 496, inserted ‘‘Sec.’’ at top of column of section numbers and struck out item 10508 ‘‘Definition’’. 1994—Pub. L. 103–337, div. A, title XVI, § 1661(c)(1)(B), Oct. 5, 1994, 108 Stat. 2982, added item 10507. § 10501. National Guard Bureau (a) NATIONAL GUARD BUREAU.—There is in the Department of Defense the National Guard Bu- reau, which is a joint activity of the Depart- ment of Defense. (b) PURPOSES.—The National Guard Bureau is the channel of communications on all matters pertaining to the National Guard, the Army Na- tional Guard of the United States, and the Air National Guard of the United States between (1) the Department of the Army and Department of the Air Force, and (2) the several States. (Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2824; amended Pub. L. 110–181, div. A, title XVIII, § 1812(a), Jan. 28, 2008, 122 Stat. 497.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3040(a) of this title, prior to repeal by Pub. L. 103–337, § 904(b)(1). AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘joint activity of the Department of Defense’’ for ‘‘joint bu- reau of the Department of the Army and the Depart- ment of the Air Force’’. Page 3619 TITLE 10—ARMED FORCES § 10502 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–337, div. A, title IX, § 904(d), Oct. 5, 1994, 108 Stat. 2827, as amended by Pub. L. 104–106, div. A, title XV, § 1504(a)(6), Feb. 10, 1996, 110 Stat. 513, provided that: ‘‘The provisions of chapter 1011 of title 10, United States Code, as added by subsection (a), shall become effective, and the repeal made by subsection (b) [repeal- ing section 3040 of this title] and the amendment made by subsection (c) [amending section 108 of Title 32, Na- tional Guard] shall take effect, at the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 5, 1994].’’ § 10502. Chief of the National Guard Bureau: ap- pointment; adviser on National Guard mat- ters; grade; succession (a) APPOINTMENT.—There is a Chief of the Na- tional Guard Bureau, who is responsible for the organization and operations of the National Guard Bureau. The Chief of the National Guard Bureau is appointed by the President, by and with the advice and consent of the Senate. Such 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— (1) 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; (2) are recommended for such appointment by the Secretary of the Army or the Secretary of the Air Force; (3) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; (4) are in a grade above the grade of briga- dier general; (5) 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; (6) are determined by the Secretary of De- fense to have successfully completed such other assignments and experiences so as to possess a detailed understanding of the status and capabilities of National Guard forces and the missions of the National Guard Bureau as set forth in section 10503 of this title; (7) have a level of operational experience in a position of significant responsibility, profes- sional military education, and demonstrated expertise in national defense and homeland de- fense matters that are commensurate with the advisory role of the Chief of the National Guard Bureau; and (8) possess such other qualifications as the Secretary of Defense shall prescribe for pur- poses of this section. (b) TERM OF OFFICE.—(1) An officer appointed as Chief of the National Guard Bureau serves at the pleasure of the President for a term of four years. An officer may be reappointed as Chief of the National Guard Bureau. (2) Except as provided in section 14508(d) of this title, while holding the office of Chief of the National Guard Bureau, the Chief of the Na- tional Guard Bureau may not be removed from the reserve active-status list, or from an active status, under any provision of law that other- wise would require such removal due to comple- tion of a specified number of years of service or a specified number of years of service in grade. (c) Advisor on National Guard Matters.—The Chief of the National Guard Bureau is— (1) a principal advisor to the Secretary of Defense, through the Chairman of the Joint Chiefs of Staff, on matters involving non-fed- eralized National Guard forces and on other matters as determined by the Secretary of De- fense; and (2) the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters re- lating to the National Guard, the Army Na- tional Guard of the United States, and the Air National Guard of the United States. (d) MEMBER OF JOINT CHIEFS OF STAFF.—As a member of the Joint Chiefs of Staff, the Chief of the National Guard Bureau has the specific re- sponsibility of addressing matters involving non-Federalized National Guard forces in sup- port of homeland defense and civil support mis- sions. (e) GRADE AND EXCLUSION FROM GENERAL AND FLAG OFFICER AUTHORIZED STRENGTH.—(1) The Chief of the National Guard Bureau shall be ap- pointed 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 Chief of the National Guard Bureau as one of the general officer and flag of- ficer positions to be excluded from the limita- tions in subsection (a) of such section. (f) SUCCESSION.—(1) When there is a vacancy in the office of the Chief of the National Guard Bu- reau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the ab- sence or disability ceases. (2) When there is a vacancy in the offices of both the Chief and the Vice Chief of the Na- tional Guard Bureau or in the absence or dis- ability of both the Chief and the Vice Chief of the National Guard Bureau, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty with the National Guard Bureau shall perform the duties of the Chief until a successor to the Chief or Vice Chief is ap- pointed or the absence or disability of the Chief or Vice Chief ceases, as the case may be. (Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2824; amended Pub. L. 108–375, div. A, title V, § 507(a), (b)(1), Oct. 28, 2004, 118 Stat. 1876; Pub. L. 110–181, div. A, title XVIII, §§ 1811, 1825(c)(2), Jan. 28, 2008, 122 Stat. 496, 502; Pub. L. 112–81, div. A, title V, §§ 511(a)(1),(2), 512(b), Dec. 31, 2011, 125 Stat. 1391, 1393.)