### §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 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 Columbia, the commanding general of the District 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 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) and shall serve as Director, 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 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) 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; 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 general 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 executed 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), inserted "(after consultation with the Chief of the National 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 National Guard," for "The officers so selected".

Subsec. (a)(3)(D), (E). Pub. L. 113–291, §512(c), redesignated 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 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".

#### **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 Bureau 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.