10 U.S.C. § 9565: Colors, standards, and…

Summary

The Secretary of the Air Force can give or move colors, standards, and guidons from Air or Space Force units that were demobilized. If a State’s Air National Guard brought the unit into federal service, the governor can ask for them back. If not, a governor can ask they go to the State that provided most members when the unit formed. If neither applies, the Secretary keeps them. Ownership stays with the United States. Items can only be transferred if the Secretary approves a plan to preserve and care for them.

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.

Those that cannot be returned or sent under clause (1) or (2) of this subsection shall be delivered to the Secretary, for such national use as he may direct.

(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