PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense must work with the Chairman of the Joint Chiefs of Staff and the Secretaries of the Army and the Air Force to write a charter for the National Guard Bureau. The charter must describe all of the Bureau’s duties, including how to divide units, personnel, and other resources between the Army and Air National Guards; the Bureau’s support role for the Secretaries of the Army and Air Force; training rules and federal training money; making sure States train Guard members under approved programs and guidance; helping States organize, equip, and keep units ready to back up active forces; planning and running the Guards’ budgets; supervising federal property issued through the property and fiscal officers under section 708 of title 32; granting or removing federal recognition of units and officers; setting policies for National Guard technicians under section 709 of title 32; overseeing the Active Guard and Reserve program; issuing rules that match Army and Air Force policy; supporting State training needs; and helping the Secretary of Defense coordinate Guard use for title 32 operations or State missions with federal agencies, State Adjutants General, and the combatant command for the United States. The charter may also include other functions the Secretary of Defense requires.

Title 10, §10503

Armed Forces, Source: USLM XML via OLRC

The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, the Secretary of the Army, and the Secretary of the Air Force, shall develop and prescribe a charter for the National Guard Bureau. The charter shall reflect the full scope of the duties and activities of the Bureau, including the following matters:

(1)Allocating unit structure, strength authorizations, and other resources to the Army National Guard of the United States and the Air National Guard of the United States.

(2)The role of the National Guard Bureau in support of the Secretary of the Army and the Secretary of the Air Force.

(3)Prescribing the training discipline and training requirements for the Army National Guard and the Air National Guard and the allocation of Federal funds for the training of the Army National Guard and the Air National Guard.

(4)Ensuring that units and members of the Army National Guard and the Air National Guard are trained by the States in accordance with approved programs and policies of, and guidance from, the Chief, the Secretary of the Army, and the Secretary of the Air Force.

(5)Monitoring and assisting the States in the organization, maintenance, and operation of National Guard units so as to provide well-trained and well-equipped units capable of augmenting the active forces in time of war or national emergency.

(6)Planning and administering the budget for the Army National Guard of the United States and the Air National Guard of the United States.

(7)Supervising the acquisition and supply of, and accountability of the States for, Federal property issued to the National Guard through the property and fiscal officers designated, detailed, or appointed under section 708 of title 32.

(8)Granting and withdrawing, in accordance with applicable laws and regulations, Federal recognition of (A) National Guard units, and (B) officers of the National Guard.

(9)Establishing policies and programs for the employment and use of National Guard technicians under section 709 of title 32.

(10)Supervising and administering the Active Guard and Reserve program as it pertains to the National Guard.

(11)Issuing directives, regulations, and publications consistent with approved policies of the Army and Air Force, as appropriate.

(12)Facilitating and supporting the training of members and units of the National Guard to meet State requirements.

(13)(A)Assisting the Secretary of Defense in facilitating and coordinating with the entities listed in subparagraph (B) the use of National Guard personnel and resources for operations conducted under title 32, or in support of State missions.

(B)The entities listed in this subparagraph for purposes of subparagraph (A) are the following:

(i)Other Federal agencies.

(ii)The Adjutants General of the States.

(iii)The combatant command the geographic area of responsibility of which includes the United States.

(14)Such other functions as the Secretary of Defense may prescribe.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2013—Par. (13)(B)(iii), (iv). Pub. L. 112–239 redesignated 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 “charter” 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 Secretary 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 Secretaries” 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, provided that: “The National Guard Bureau shall annually prepare a future years defense plan based on the requirement and priorities of the National Guard: Provided, That this plan shall be presented to the committees of Congress concurrent with the President’s budget submission for each fiscal year.”

§10503 Functions of National Guard Bureau: Charter