dreamproit/uscode huggingface dataset:
10 U.S.C. § 10501 (ARMED FORCES)
§ 10501. National Guard Bureau
(a) National Guard Bureau.—
There is in the Department of Defense the National Guard Bureau, which is a joint activity of the Department of Defense.
(b) Purposes.—
The National Guard Bureau is the channel of communications on all matters pertaining to the National Guard, the Army National 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.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3040(a) of this title, prior to repeal by Pub. L. 103–337, § 904(b)(1).
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–181 substituted “joint activity of the Department of Defense” for “joint bureau of the Department of the Army and the Department of the Air Force”.
heading: Effective Date
text: Section 904(d) of Pub. L. 103–337, 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) [repealing section 3040 of this title] and the amendment made by subsection (c) [amending section 108 of Title 32, National 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].”
10 U.S.C. § 10504 (ARMED FORCES)
§ 10504. Chief of National Guard Bureau: annual report
(a) Annual Report.—
The Chief of the National Guard Bureau 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 National Guard and the ability of the National Guard to meet its missions. The report shall be prepared in conjunction with the Secretary 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 appropriate. 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.
(Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2825.)
10 U.S.C. § 10507 (ARMED FORCES)
§ 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 reserve 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; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(6), Feb. 10, 1996, 110 Stat. 496.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3541 and 8541 of this title, prior to repeal by Pub. L. 103–337, § 1661(c)(2).
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “12402(b)” for “124402(b)” and “Air Force” for “Air Forces”.
heading: Effective Date of 1996 Amendment
text: 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.
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 10508 (ARMED FORCES)
§ 10508. National Guard Bureau: general provisions
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.
(Added Pub. L. 110–181, div. A, title XVIII, § 1812(b)(1), Jan. 28, 2008, 122 Stat. 497.)
heading: Prior Provisions
text: 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.
10 U.S.C. § 12002 (ARMED FORCES)
§ 12002. Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty
(a) The authorized strengths of the National Guard and the reserve components of the Army and the Air Force, exclusive of members who are included in the strengths authorized for members of the Army and Air Force, respectively, on active duty, are as follows:
Army National Guard and the Army National Guard of the United States 600,000
Army Reserve 980,000
Air National Guard and the Air National Guard of the United States 150,000
Air Force Reserve 500,000.
(b) The strength authorized by this section for the Army National Guard and the Army National Guard of the United States, and the strength authorized by this section for the Air National Guard and the Air National Guard of the United States, shall be allocated among the States.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2983.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3222, 3225, 8222, and 8225 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
10 U.S.C. § 12003 (ARMED FORCES)
§ 12003. Authorized strengths: commissioned officers in an active status
(a) The authorized strengths of the Army, Navy, Air Force, and Marine Corps in reserve commissioned officers, other than commissioned warrant officers and officers on an active-duty list, in an active status are as follows:
Army 275,000
Air Force 200,000
Navy 150,000
Marine Corps 24,500.
(b) The authorized strengths prescribed by subsection (a) may not be exceeded unless—
(1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or
(2) the excess results directly from the operation of a nondiscretionary provision of law.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3217, 5414, and 8217 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
10 U.S.C. § 12006 (ARMED FORCES)
§ 12006. Strength limitations: authority to waive in time of war or national emergency
(a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President.
(b) Any suspension under subsection (a) shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621, 1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of termination of the emergency.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)
heading: References in Text
text: The National Emergencies Act, referred to in subsec. (b), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.
heading: Delegation of Authority
text: Authority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Defense by section 4 of Ex. Ord. No. 13223, set out as a note under section 12302 of this title.
10 U.S.C. § 12007 (ARMED FORCES)
§ 12007. Reserve officers of the Army: distribution
The Secretary of the Army shall distribute the number of reserve commissioned officers, other than commissioned warrant officers, authorized in each commissioned grade between those assigned to reserve units organized to serve as units and those not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such units between—
(1) each special branch; and
(2) all other branches taken together.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3220 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
10 U.S.C. § 12008 (ARMED FORCES)
§ 12008. Army Reserve and Air Force Reserve: warrant officers
The Secretary of the Army may prescribe the authorized strength of the Army Reserve in warrant officers. The Secretary of the Air Force may prescribe the authorized strength of the Air Force Reserve in warrant officers.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3223 and 8223 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
10 U.S.C. § 12009 (ARMED FORCES)
§ 12009. Army and Air Force reserve components: temporary increases
(a) The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 3036, 14304(b), 14314, or 14317 of this title.
(b) An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3212 and 8212 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
10 U.S.C. § 12010 (ARMED FORCES)
§ 12010. Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result
When there is a fraction in the final result of any computation under this chapter for the Navy Reserve or the Marine Corps Reserve, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2987; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(GG), (3)(I), Jan. 6, 2006, 119 Stat. 3233, 3234.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5454 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
heading: Amendments
text: 2006—Pub. L. 109–163, § 515(b)(3)(I), substituted “Navy Reserve” for “Naval Reserve” in section catchline.
Pub. L. 109–163, § 515(b)(1)(GG), substituted “Navy Reserve” for “Naval Reserve” in text.
10 U.S.C. § 12101 (ARMED FORCES)
§ 12101. Definition
In this chapter, the term “enlistment” means original enlistment or reenlistment.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)
heading: Effective Date
text: Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 12105 (ARMED FORCES)
§ 12105. Army Reserve and Air Force Reserve: transfer from Guard components
(a) Under such regulations as the Secretary concerned may prescribe—
(1) an enlisted member of the Army National Guard of the United States may be transferred in grade to the Army Reserve; and
(2) an enlisted member of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve.
(b) Upon such a transfer, the member transferred is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if transferred under subsection (a)(1), or the Air Force, if transferred under subsection (a)(2), if his service has been honorable.
(c) A transfer under this section may only be made with the consent of the governor or other appropriate authority of the State concerned.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3259 and 8259 of this title, prior to repeal by Pub. L. 103–337, § 1662(b)(3).
10 U.S.C. § 12106 (ARMED FORCES)
§ 12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard
(a) An enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve unless he is also discharged from his enlistment as a Reserve.
(b) An enlisted member of the Air National Guard of the United States who ceases to be a member of the Air National Guard becomes a member of the Air Force Reserve unless he is also discharged from his enlistment as a Reserve.
(c) An enlisted member who becomes a member of the Army Reserve or the Air Force Reserve under this section ceases to be a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3260 and 8260 of this title, prior to repeal by Pub. L. 103–337, § 1662(b)(3).
10 U.S.C. § 12107 (ARMED FORCES)
§ 12107. Army National Guard of United States; Air National Guard of the United States: enlistment in
(a) Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—
(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be;
(2) subscribe to the oath set forth in section 304 of title 32; and
(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.
(b)
(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.
(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.
(c)
(1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.
(2) A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 3261 and 8261 of this title, prior to repeal by Pub. L. 103–337, § 1662(b)(3).
10 U.S.C. § 12108 (ARMED FORCES)
§ 12108. Enlisted members: discharge or retirement for years of service or for age
Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall—
(1) be transferred to the Retired Reserve if the member is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or
(2) be discharged if the member is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.
(Added Pub. L. 107–107, div. A, title V, § 517(f)(1), Dec. 28, 2001, 115 Stat. 1095.)
heading: Effective Date
text: Section effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 10154 of this title.
10 U.S.C. § 12202 (ARMED FORCES)
§ 12202. Commissioned officer grades
Except for commissioned warrant officers, the reserve commissioned officer grades in each armed force are those authorized for regular commissioned officers of that armed force.
(Added Pub. L. 85–861, § 1(10)(B), Sept. 2, 1958, 72 Stat. 1440, § 592; renumbered § 12202, Pub. L. 103–337, div. A, title XVI, § 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
592
50:1181(1) (as applicable to 50:1201).
50:1201.
Sept. 3, 1954, ch. 1257, §§ 102(1) (as applicable to § 211), 211, 68 Stat. 1149, 1153.
The words “including those heretofore or hereafter transferred to the Retired Reserve”, “permanent”, and “pursuant to the Officer Personnel Act of 1947, as amended” are omitted as surplusage. The rule as to the Coast Guard is consolidated with the rule applicable to the other armed forces, since 14:754 prescribes the same substantive result as that prescribed by 50:1201 for the other armed forces.
heading: Amendments
text: 1994—Pub. L. 103–337 renumbered section 592 of this title as this section.
10 U.S.C. § 12204 (ARMED FORCES)
§ 12204. Commissioned officers: original appointment; limitation
(a) No person may be appointed as a Reserve in a commissioned grade above major or lieutenant commander, unless—
(1) he was formerly a commissioned officer of an armed force; or
(2) such an appointment is recommended by a board of officers convened by the Secretary concerned.
(b) This section does not apply to adjutants general and assistant adjutants general of the several States, Puerto Rico, and the District of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 25, § 594; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12204, Pub. L. 103–337, div. A, title XVI, § 1662(c)(2), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
594(a)
50:941(c) (less 1st 21 words).
July 9, 1952, ch. 608 § 217(c), 66 Stat. 487.
594(b)
50:941(c) (1st 21 words).
In subsection (a), the words “unless * * * he was formerly” are substituted for the words “has not held an appointment as”. The words “or any component thereof” are omitted as surplusage.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–163 struck out “and Territories” after “States”.
1994—Pub. L. 103–337 renumbered section 594 of this title as this section.
1988—Subsec. (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
10 U.S.C. § 12206 (ARMED FORCES)
§ 12206. Commissioned officers: appointment of former commissioned officers
Under regulations prescribed by the Secretary of Defense, a person who is a former commissioned officer may, if otherwise qualified, be appointed as a reserve officer of the Army, Navy, Air Force, or Marine Corps. A person so appointed—
(1) may be placed on the reserve active-status list of that armed force in the grade equivalent to the permanent regular or reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status; and
(2) may be credited for the purpose of determining date of rank under section 741(d) of this title with service in grade equal to that held by that person when discharged or separated.
(Added § 596a and renumbered § 12206, Pub. L. 103–337, div. A, title XVI, §§ 1633, 1662(c)(2), Oct. 5, 1994, 108 Stat. 2965, 2990.)
heading: Amendments
text: 1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 596a of this title as this section.
heading: Effective Date
text: Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.