§9565 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Air Force can give flags (colors, standards, guidons) from demobilized Air Force or Space Force units to a State when that State’s governor asks. If the flags can't be returned to that State, they may be sent to the State that provided most members when the unit was formed. The United States keeps ownership of the flags. The Secretary must approve how they will be preserved and cared for before any transfer.

Title 10, §9565

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the Air Force may dispose of colors, standards, and guidons of demobilized organizations of the Air Force or the Space Force, as follows:

(1)Those brought into Federal service by the Air National Guard of a State may be returned to that State upon the request of its governor.

(2)Those that cannot be returned under clause (1) may, upon the request of its governor, be sent to the State that, as determined by the Secretary, furnished the majority of members of the organization when it was formed.

(b)Title to colors, standards, and guidons of demobilized organizations of the Air Force or the Space Force remains in the United States.

(c)No color, standard, or guidon may be disposed of under this section unless provision satisfactory to the Secretary has been made for its preservation and care.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 9565(a)5:202 (less 3d and last sentences).Mar. 4, 1921, ch. 166, § 2, 41 Stat. 1438. 9565(b)5:202 (3d sentence). 9565(c)5:202 (last sentence). In subsection (a), the words “Any which were used during their service by such organizations and” are omitted as surplusage. The first 15 words of the last sentence are substituted for 5:202 (1st 45 words of 2d sentence). The words “the Quartermaster General” are omitted, since the functions which, for the Army, are assigned by statute to subordinate officers of the Army, are, for the Air Force, assigned to the Secretary of the Air Force.

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 923(e)(5)(A), inserted “or the Space Force” after “organizations of the Air Force” in introductory provisions. Subsec. (b). Pub. L. 116–283, § 923(e)(5)(B), inserted “or the Space Force” after “the Air Force”.

§9565 Colors, standards, and guidons of demobilized organizations: disposition