
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC10506]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
                   CHAPTER 1011--NATIONAL GUARD BUREAU
 
Sec. 10506. Other senior National Guard Bureau officers

    (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 October 1, 2003, 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, Sec. 904(a), Oct. 5, 1994, 108 
Stat. 2827; amended Pub. L. 106-65, div. A, title V, Sec. 554(f), Oct. 
5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 507(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-105.)


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 641 of this title.
