10 U.S.C. § 10506 — Other senior National Guard Bureau offi-

Page 3623 TITLE 10—ARMED FORCES § 10506 2004—Pub. L. 108–375, § 508(c)(1), substituted ‘‘Director of the Joint Staff’’ for ‘‘Vice Chief’’ in section catch- line. Subsec. (a)(1). Pub. L. 108–375, § 508(a), substituted ‘‘Director of the Joint Staff’’ for ‘‘Vice Chief’’ in intro- ductory provisions. Subsec. (a)(2). Pub. L. 108–375, § 508(b)(3), 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’’. Subsec. (a)(3)(A). Pub. L. 108–375, § 508(b)(1), sub- stituted ‘‘Director of the Joint Staff’’ for ‘‘Vice Chief’’. Subsec. (a)(3)(B). Pub. L. 108–375, § 508(b)(1), (2), sub- stituted ‘‘Director of the Joint Staff’’ for ‘‘Vice Chief’’ and ‘‘as the Director’’ for ‘‘as the Vice Chief’’. Subsec. (a)(4). Pub. L. 108–375, § 508(b)(3), 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’’. Subsecs. (b), (c). Pub. L. 108–375, § 508(b)(1), sub- stituted ‘‘Director of the Joint Staff’’ for ‘‘Vice Chief’’. Subsecs. (d), (e). Pub. L. 108–375, § 507(c), struck out subsecs. (d) and (e) which related to functions as acting Chief and succession after Chief and Vice Chief, respec- tively. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 112–81, div. A, title V, § 511(c)(3), Dec. 31, 2011, 125 Stat. 1393, provided that: ‘‘Any reference in any law, regulation, document, paper, or other record of the United States to the Director of the Joint Staff of the National Guard Bureau shall be deemed to be a ref- erence to the Vice Chief of the National Guard Bu- reau.’’ Pub. L. 108–375, div. A, title V, § 508(d), Oct. 28, 2004, 118 Stat. 1877, provided that: ‘‘Any reference in any law, regulation, document, paper, or other record of the United States to the Vice Chief of the National Guard Bureau shall be deemed to be a reference to the Direc- tor of the Joint Staff of the National Guard Bureau.’’ 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. TREATMENT OF CURRENT DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU Pub. L. 112–81, div. A, title V, § 511(e), Dec. 31, 2011, 125 Stat. 1393, provided that: ‘‘The officer who is serving as Director of the Joint Staff of the National Guard Bu- reau on the date of the enactment of this Act [Dec. 31, 2011] shall serve, in the grade of major general, as act- ing Vice Chief of the National Guard Bureau until the appointment of a Vice Chief of the National Guard Bu- reau in accordance with subsection (a) of section 10505 of title 10, United States Code, as amended by sub- section (b). Notwithstanding the amendment made by subsection (b)(3) [amending this section], the acting Vice Chief of the National Guard Bureau shall not be excluded from the limitations in section 526(a) of such title.’’ § 10506. Other senior National Guard Bureau offi- cers (a) ADDITIONAL GENERAL OFFICERS.—(1) In ad- dition to the Chief and Vice Chief of the Na- tional Guard Bureau, there shall be assigned to the National Guard Bureau— (A) two officers selected by the Secretary of the Army (after consultation with the Chief of the National Guard Bureau) 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 Co- lumbia, the commanding general of the Dis- trict of Columbia National Guard, the senior of whom shall be appointed in accordance with paragraph (3) and shall serve as Director, Army National Guard, with the other serving as Deputy Director, Army National Guard; and (B) two officers selected by the Secretary of the Air Force (after consultation with the Chief of the National Guard Bureau) from offi- cers of the Air National Guard of the United States who have been nominated by their re- spective Governors or, in the case of the Dis- trict of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom shall be appointed in accord- ance with paragraph (3) and shall serve as Di- rector, Air National Guard, with the other serving as Deputy Director, Air National Guard. (2) The Director and Deputy Director, Army National Guard, and the Director and Deputy Director, Air National Guard, 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 Di- rector, Army National Guard, from general offi- cers of the Army National Guard of the United States and shall appoint the Director, Air Na- tional Guard, from general officers of the Air National Guard of the United States. (B) The Secretary of Defense may not rec- ommend an officer to the President for appoint- ment as Director, Army National Guard, or as Director, Air National Guard, unless the offi- cer— (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 cri- teria 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 pur- poses of the grade limitations under sections 525 and 526 of this title. (D) 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 ei- ther Director may be reappointed for one addi- tional four-year period. (b) OTHER OFFICERS.—There are in the Na- tional Guard Bureau a legal counsel, a comp- troller, 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), Page 3624 TITLE 10—ARMED FORCES § 10507 Dec. 31, 2011, 125 Stat. 1393; Pub. L. 113–291, div. A, title V, § 512(a)–(c), Dec. 19, 2014, 128 Stat. 3358; Pub. L. 114–328, div. A, title V, § 502(ss), Dec. 23, 2016, 130 Stat. 2107.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1)(A), (B). Pub. L. 114–328, § 502(ss)(2), which directed amendment of subpars. (A) and (B) by striking ‘‘, and shall hold the grade of lieutenant gen- eral while so serving,’’ was executed by striking ‘‘, shall hold the grade of lieutenant general while so serving,’’ after ‘‘in accordance with paragraph (3)’’ to reflect the probable intent of Congress. Pub. L. 114–328, § 502(ss)(1), which directed amendment of subpars. (A) and (B) by striking ‘‘general’’, was exe- cuted by striking ‘‘general’’ before ‘‘officers selected’’ to reflect the probable intent of Congress. 2014—Subsec. (a)(1)(A). Pub. L. 113–291, § 512(a)(1), in- serted ‘‘(after consultation with the Chief of the Na- tional Guard Bureau)’’ after ‘‘selected by the Secretary of the Army’’. Subsec. (a)(1)(B). Pub. L. 113–291, § 512(a)(2), inserted ‘‘(after consultation with the Chief of the National Guard Bureau)’’ after ‘‘selected by the Secretary of the Air Force’’. Subsec. (a)(2). Pub. L. 113–291, § 512(b), substituted ‘‘The Director and Deputy Director, Army National Guard, and the Director and Deputy Director, Air Na- tional Guard,’’ for ‘‘The officers so selected’’. Subsec. (a)(3)(D), (E). Pub. L. 113–291, § 512(c), redesig- nated subpar. (E) as (D) and struck out former subpar. (D). Prior to amendment, subpar. (D) related to waiver of subsec. (a)(3)(B)(ii) with respect to the appointment of an officer as Director, Army National Guard, or as Director, Air National Guard. 2011—Subsec. (a)(1). Pub. L. 112–81 substituted ‘‘Chief and Vice Chief’’ for ‘‘Chief of the National Guard Bu- reau and the Director of the Joint Staff’’. 2004—Subsec. (a)(1). Pub. L. 108–375, § 508(b)(4), sub- stituted ‘‘Chief of the National Guard Bureau and the Director of the Joint Staff of the National Guard Bu- reau’’ 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 accord- ance with paragraph (3), shall hold the grade of lieuten- ant general while so serving, and shall’’ for ‘‘while so serving shall hold the grade of major general or, if ap- pointed 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. A, title V, § 512(d), Dec. 19, 2014, 128 Stat. 3358, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to assignments to the National Guard Bu- reau under section 10506 of title 10, United States Code, that occur after the date of the enactment of this Act [Dec. 19, 2014].’’ 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. 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. § 10507. National Guard Bureau: assignment of officers of regular or reserve components Except as provided in section 12402(b) of this title, the President may assign to duty in the National Guard Bureau as many regular or re- serve officers of the Army or Air Force as he considers necessary. (Added Pub. L. 103–337, div. A, title XVI, § 1661(c)(1)(A), Oct. 5, 1994, 108 Stat. 2982; amend- ed Pub. L. 104–106, div. A, title XV, § 1501(b)(6), Feb. 10, 1996, 110 Stat. 496.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3541 and 8541 of this title, prior to re- peal by Pub. L. 103–337, § 1661(c)(2). AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘12402(b)’’ for ‘‘124402(b)’’ and ‘‘Air Force’’ for ‘‘Air Forces’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 10508. National Guard Bureau: general provi- sions (a) MANPOWER REQUIREMENTS OF NATIONAL GUARD BUREAU.—The manpower requirements of the National Guard Bureau as a joint activity of the Department of Defense shall be determined in accordance with regulations prescribed by the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff. (b) PERSONNEL FOR FUNCTIONS OF NATIONAL GUARD BUREAU.— (1) IN GENERAL.—The Chief of the National Guard Bureau may program for, appoint, em- ploy, administer, detail, and assign persons under sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or sec- tion 328 of title 32, within the National Guard Bureau and the National Guard of each State, the Commonwealth of Puerto Rico, the Dis- trict of Columbia, Guam, and the Virgin Is- lands to execute the functions of the National Guard Bureau and the missions of the Na- tional Guard, and missions as assigned by the Chief of the National Guard Bureau. (2) ADMINISTRATION THROUGH ADJUTANTS GEN- ERAL.—The Chief of the National Guard Bu-