§ 10508. National Guard Bureau: general provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   National Guard Empowerment Act of 2007

   Pub. L. 110–181 div. A title XVIII § 1812(b)(1) · 122 Stat. 3

   Enacted · 10 U.S.C. § 10508

   Added Pub. L. 110–181, div. A, title XVIII, § 1812(b)(1), Jan. 28, 2008, 122 Stat. 497

   Source evidence

   Code source credit
   Added Pub. L. 110–181, div. A, title XVIII, § 1812(b)(1), Jan. 28, 2008, 122 Stat. 497

   Enacted provision · exact public law section
   (1) In general.— Chapter 1011 of such title is amended by adding at the end the following new section: “§ 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.” .

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title IX § 932 · 130 Stat. 2000

   1. Amended · 10 U.S.C. § 10508

      Pub. L. 114–328 designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 10508

      Pub. L. 114–328 inserted heading

   3. Added · 10 U.S.C. § 10508

      Pub. L. 114–328 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR THE CHIEF OF THE NATIONAL GUARD BUREAU.   Section 10508 of title 10, United States Code, is amended— (1) by inserting “(a) Manpower Requirements of National Guard Bureau.—” before “The manpower requirements”; and (2) by adding at the end the following new subsection: “(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 2103, 2105, and 3101 of title 5, or section 328 of title 32, 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 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 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.” .

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title V § 517 · 132 Stat. 1636

   Substituted · 10 U.S.C. § 10508(b)(1)

   Pub. L. 115–232 substituted “sections 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,”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–232 substituted “sections 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,”.

   Enacted provision · exact public law section
   SEC. 517. EXPANSION OF PERSONNEL SUBJECT TO AUTHORITY OF THE CHIEF OF THE NATIONAL GUARD BUREAU IN THE EXECUTION OF FUNCTIONS AND MISSIONS OF THE NATIONAL GUARD BUREAU.   Section 10508(b)(1) of title 10, United States Code, is amended by striking “sections 2103,” and all that follows through “of title 32,” and inserting “sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or section 328 of title 32,”.

5 of 5 references resolved to an enrolled provision