10 U.S.C. § 10215

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 10215 - Officers of Army National Guard of the United States and Air National Guard of the United States: authority with respect to Federal status
(a)
(1) Officers of the Army National Guard of the United States who are not on active duty-
(A) may order members of the Army National Guard of the United States to active duty for training under section 12301(d) of this title; and
(B) with the approval of the Secretary of the Air Force, may order members of the Air National Guard of the United States to active duty for training under that section.
(2) Officers of the Air National Guard of the United States who are not on active duty-
(A) may order members of the Air National Guard of the United States to active duty for training under section 12301(d) of this title; and
(B) with the approval of the Secretary of the Army, may order members of the Army National Guard of the United States to active duty for training under that section.
(b) Officers of the Army National Guard of the United States or the Air National Guard of the United States who are not on active duty-
(1) may enlist, reenlist, or extend the enlistments of persons as Reserves of the Army or Reserves of the Air Force for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be; and
(2) with respect to their Federal status, may promote or discharge persons enlisted or reenlisted as Reserves of the Army or Reserves of the Air Force for that service.
(c) This section shall be carried out under regulations prescribed by the Secretary of the Army, with respect to matters concerning the Army, and by the Secretary of the Air Force, with respect to matters concerning the Air Force.

10 U.S.C. § 10215

Added Pub. L. 103-337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.

EDITORIAL NOTES

PRIOR PROVISIONSProvisions similar to those in this section were contained in sections 3080 and 8080 of this title, prior to repeal by Pub. L. 103-337, §1661(a)(3)(A).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection 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.

Air National Guard of the United States
The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
Army National Guard of the United States
The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.