10 U.S.C. § 10505 — Vice Chief of the National Guard Bureau

Page 3622 TITLE 10—ARMED FORCES § 10505 Subsecs. (b), (c). Pub. L. 115–232, § 1081(a)(30)(B), redes- ignated subsec. (b), relating to annual report on non- Federalized service National Guard personnel, training, and equipment requirements, as (c). Subsec. (c)(3)(H). Pub. L. 115–232, § 1251(b)(1), sub- stituted ‘‘United States Indo-Pacific Command’’ for ‘‘United States Pacific Command’’. 2017—Pub. L. 115–91, § 333(b)(1), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Chief of National Guard Bureau: an- nual report’’. Subsec. (a). Pub. L. 115–91, § 333(a)(1)(A), substituted ‘‘Report on State of the National Guard’’ for ‘‘Report’’ in heading. Subsec. (a)(2). Pub. L. 115–91, § 333(a)(1)(B), designated second sentence of subsec. (a) as par. (2) and sub- stituted ‘‘The annual report required by paragraph (1)’’ for ‘‘The report’’. Subsec. (b). Pub. L. 115–91, § 333(a)(2), added subsec. (b) relating to annual report on non-Federalized service National Guard personnel, training, and equipment re- quirements. Statutory Notes and Related Subsidiaries 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. § 10505. Vice Chief of the National Guard Bureau (a) APPOINTMENT.—(1) There is a Vice Chief of the National Guard Bureau, appointed by the President, by and with the advice and consent of the Senate. The appointment shall be made from officers of the Army National Guard of the United States or the Air National Guard of the United States who— (A) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; (B) are recommended by the Secretary of the Army, in the case of officers of the Army Na- tional Guard of the United States, or by the Secretary of the Air Force, in the case of offi- cers of the Air National Guard of the United States, and by the Secretary of Defense; (C) are 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; and (D) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard. (2) The Chief of the National Guard Bureau and the Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force. (3)(A) Except as provided in subparagraph (B), an officer appointed as Vice Chief of the Na- tional Guard Bureau serves for a term of four years, but may be removed from office at any time for cause. (B) The term of the Vice Chief of the National Guard Bureau shall end upon the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief. (4) The Secretary of Defense may waive the re- strictions in paragraph (2) and the provisions of paragraph (3) for not more than 90 days to pro- vide for the orderly transition of officers ap- pointed to serve in the positions of Chief of the National Guard Bureau and the Vice Chief of the National Guard Bureau. (b) DUTIES.—The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau. (c) GRADE.—(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general. (2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. (Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2826; amended Pub. L. 108–375, div. A, title V, §§ 507(c), 508(a)–(b)(3), (c)(1), Oct. 28, 2004, 118 Stat. 1876, 1877; Pub. L. 112–81, div. A, title V, § 511(b), (c)(1), (d)(1), Dec. 31, 2011, 125 Stat. 1392, 1393; Pub. L. 114–328, div. A, title V, §§ 502(rr), 511, Dec. 23, 2016, 130 Stat. 2106, 2112; Pub. L. 118–31, div. A, title V, § 512, Dec. 22, 2023, 137 Stat. 244.) Editorial Notes AMENDMENTS 2023—Subsec. (c). Pub. L. 118–31 added subsec. (c). 2016—Subsec. (a)(1)(E). Pub. L. 114–328, § 502(rr)(1), struck out subpar. (E) which read as follows: ‘‘are in a grade above the grade of brigadier general.’’ Subsec. (a)(4). Pub. L. 114–328, § 511, substituted ‘‘para- graph (3) for not more than 90 days’’ for ‘‘paragraph (3)(B) for a limited period of time’’. Subsec. (c). Pub. L. 114–328, § 502(rr)(2), struck out sub- sec. (c). Text read as follows: ‘‘(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general. ‘‘(2) The Secretary of Defense shall designate, pursu- ant to subsection (b) of section 526 of this title, the po- sition of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.’’ 2011—Pub. L. 112–81, § 511(d)(1), substituted ‘‘Vice Chief of the National Guard Bureau’’ for ‘‘Director of the Joint Staff of the National Guard Bureau’’ in sec- tion catchline. Subsec. (a)(1). Pub. L. 112–81, § 511(b)(1), substituted ‘‘Vice Chief of the National Guard Bureau, appointed by the President, by and with the advice and consent of the Senate. The appointment shall be made from’’ for ‘‘Director of the Joint Staff of the National Guard Bu- reau, selected by the Secretary of Defense from’’ in in- troductory provisions. Subsec. (a)(1)(B) to (E). Pub. L. 112–81, § 511(b)(2), added subpars. (B) and (C), redesignated former sub- pars. (B) and (C) as (D) and (E), respectively, and sub- stituted ‘‘brigadier general’’ for ‘‘colonel’’ in subpar. (E). Subsec. (a)(2) to (4). Pub. L. 112–81, § 511(c)(1)(A), sub- stituted ‘‘Vice Chief’’ for ‘‘Director of the Joint Staff’’ wherever appearing and substituted ‘‘as the Vice Chief’’ for ‘‘as the Director’’ in par. (3)(B). Subsec. (b). Pub. L. 112–81, § 511(c)(1)(B), substituted ‘‘Vice Chief’’ for ‘‘Director of the Joint Staff’’. Subsec. (c). Pub. L. 112–81, § 511(b)(3), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Director of the Joint Staff of the National Guard Bureau shall be appointed to serve in the grade of major general.’’ 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),