10-U.S.C.-10506
§10506 – Other Senior National Guard Bureau officers
Pathway
Title 10 > Subtitle E > Part I > Chapter 1011 > Section 10506
Details
- Reference: Section 10506
- Legend: §10506 – Other Senior National Guard Bureau officers
- USCode Year: 2013
Provision Content
(a) Additional General Officers.—(1) In addition to the Chief and Vice Chief of the National Guard Bureau, there shall be assigned to the National Guard Bureau—
(A) two general officers selected by the Secretary of the Army from officers of the Army National Guard of the United States who have been nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom shall be appointed in accordance with paragraph (3), shall hold the grade of lieutenant general while so serving, and shall serve as Director, Army National Guard, with the other serving as Deputy Director, Army National Guard; and
(B) two general officers selected by the Secretary of the Air Force from officers of the Air National Guard of the United States who have been nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom shall be appointed in accordance with paragraph (3), shall hold the grade of lieutenant general while so serving, and shall serve as Director, Air National Guard, with the other serving as Deputy Director, Air National Guard.
(2) The officers so selected shall assist the Chief of the National Guard Bureau in carrying out the functions of the National Guard Bureau as they relate to their respective branches.
(3)(A) The President, by and with the advice and consent of the Senate, shall appoint the Director, Army National Guard, from general officers of the Army National Guard of the United States and shall appoint the Director, Air National Guard, from general officers of the Air National Guard of the United States.
(B) The Secretary of Defense may not recommend an officer to the President for appointment as Director, Army National Guard, or as Director, Air National Guard, unless the officer—
(i) is recommended by the Secretary of the military department concerned; and
(ii) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience.
(C) An officer on active duty for service as the Director, Army National Guard, or the Director, Air National Guard, shall be counted for purposes of the grade limitations under sections 525 and 526 of this title.
(D) Until December 31, 2006, the Secretary of Defense may waive clause (ii) of subparagraph (B) with respect to the appointment of an officer as Director, Army National Guard, or as Director, Air National Guard, if the Secretary of the military department concerned requests the waiver and, in the judgment of the Secretary of Defense—
(i) the officer is qualified for service in the position; and
(ii) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
(E) The Director, Army National Guard, and the Director, Air National Guard, are appointed for a period of four years, but may be removed for cause at any time. An officer serving as either Director may be reappointed for one additional four-year period.
(b) Other Officers.—There are in the National Guard Bureau a legal counsel, a comptroller, and an inspector general, each of whom shall be appointed by the Chief of the National Guard Bureau. They shall perform such duties as the Chief may prescribe.
(Added Pub. L. 103–337, div. A, title IX, §904(a), Oct. 5, 1994, 108 Stat. 2827; amended Pub. L. 106–65, div. A, title V, §554(f), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, §1 [[div. A], title V, §507(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105; Pub. L. 107–314, div. A, title V, §501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108–375, div. A, title V, §§508(b)(4), 536(a), Oct. 28, 2004, 118 Stat. 1877, 1901; Pub. L. 112–81, div. A, title V, §511(c)(2), Dec. 31, 2011, 125 Stat. 1393.)
Amendments
2011—Subsec. (a)(1). Pub. L. 112–81 substituted Chief and Vice Chief for Chief of the National Guard Bureau and the Director of the Joint Staff.
2004—Subsec. (a)(1). Pub. L. 108–375, §508(b)(4), substituted Chief of the National Guard Bureau and the Director of the Joint Staff of the National Guard Bureau for Chief and Vice Chief of the National Guard Bureau in introductory provisions.
Subsec. (a)(3)(D). Pub. L. 108–375, §536(a), substituted December 31, 2006 for December 31, 2004.
2002—Subsec. (a)(3)(D). Pub. L. 107–314 substituted December 31, 2004 for October 1, 2003.
2000—Subsec. (a)(1). Pub. L. 106–398, §1 [[div. A], title V, §507(e)(1)], substituted shall be appointed in accordance with paragraph (3), shall hold the grade of lieutenant general while so serving, and shall for while so serving shall hold the grade of major general or, if appointed to that position in accordance with section 12505(a)(2) of this title, the grade of lieutenant general, and in subpars. (A) and (B).
Subsec. (a)(3). Pub. L. 106–398, §1 [[div. A], title V, §507(e)(2)], added par. (3).
1999—Subsec. (a)(1)(A), (B). Pub. L. 106–65 inserted or, if appointed to that position in accordance with section 12505(a)(2) of this title, the grade of lieutenant general, after major general.
Effective Date of 1999 Amendment; Applicability to Incumbents
Amendment by Pub. L. 106–65 effective 60 days after Oct. 5, 1999, with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of Pub. L. 106–65, set out as a note under section 3038 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-10506 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-10506, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-10208 in the Legal Encyclopedia: Army Reserve Organization
In this entry about 10-U.S.C.-10208, find legal reference material, bibliographies and premiere content related to army reserve organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve organization-specific issues, written by authorities in the field.
Leave a Reply