Title 10 — Armed Forces
Part I · Chapter 1011 — National Guard Bureau
§ 10505. Vice Chief of the National Guard Bureau
Statutory text
Appointment.—
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—
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;
are recommended by the Secretary of the Army, in the case of officers of the Army National Guard of the United States, or by the Secretary of the Air Force, in the case of officers of the Air National Guard of the United States, and by the Secretary of Defense;
are 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; and
have had at least 10 years of federally recognized commissioned service in an active status in the National Guard.
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.
Except as provided in subparagraph (B), an officer appointed as Vice Chief of the National Guard Bureau serves for a term of four years, but may be removed from office at any time for cause.
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.
The Secretary of Defense may waive the restrictions in paragraph (2) and the provisions of paragraph (3) for not more than 90 days to provide for the orderly transition of officers appointed to serve in the positions of Chief of the National Guard Bureau and the Vice Chief of the National Guard Bureau.
Duties.—
The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau.
Grade.—
The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. A title IX § 904(a) · 108 Stat. 2663
Enacted · 10 U.S.C. § 10505
Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2826
Source evidence
Code source credit
Added Pub. L. 103–337, div. A, title IX, § 904(a), Oct. 5, 1994, 108 Stat. 2826Enacted provision · exact public law section
(a) In General.— Subtitle E of title 10, United States Code, as added by section 1611, is amended by inserting after chapter 1009, as added by section 1661(b), the following new chapter: “CHAPTER 1011— NATIONAL GUARD BUREAU “10501. National Guard Bureau. “10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade. “10503. Functions of National Guard Bureau: charter from Secretaries of the Army and Air Force. “10504. Chief of National Guard Bureau: annual report. “10505. Vice Chief of the National Guard Bureau. “10506. Other senior National Guard Bureau officers. “10508. Definition. “§ 10501. National Guard Bureau “(a) National Guard Bureau.— There is in the Department of Defense the National Guard Bureau, which is a joint bureau of the Department of the Army and the Department of the Air Force. “(b) Purposes.— The National Guard Bureau is the channel of communications on all matters pertaining to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States between (1) the Department of the Army and Department of the Air Force, and (2) the several States. “§ 10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade “(a) Appointment.— There is a Chief of the National Guard Bureau, who is responsible for the organization and operations President. of the National Guard Bureau. The Chief of the National Guard Bureau is appointed by the President, by and with the advice and consent of the Senate. Such 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— “(1) 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; “(2) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and “(3) are in a grade above the grade of brigadier general. “(b) Term of Office.— An officer appointed as Chief of the National Guard Bureau serves at the pleasure of the President for a term of four years. An officer may not hold that office after becoming 64 years of age. An officer may be reappointed as Chief of the National Guard Bureau. While holding that office, the Chief of the National Guard Bureau may not be removed from the reserve active-status list, or from an active status, under any provision of law that otherwise would require such removal due to completion of a specified number of years of service or a specified number of years of service in grade. “(c) Adviser on National Guard Matters.— The Chief of the National Guard Bureau is the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States. “(d) Grade.— The Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general. “§ 10503. Functions of National Guard Bureau: charter from Secretaries of the Army and Air Force “The Secretary of the Army and the Secretary of the Air Force shall jointly develop and prescribe a charter for the National Guard Bureau. The charter shall cover the following matters: “(1) Allocating unit structure, strength authorizations, and other resources to the Army National Guard of the United States and the Air National Guard of the United States. “(2) Prescribing the training discipline and training requirements for the Army National Guard and the Air National Guard and the allocation of Federal funds for the training of the Army National Guard and the Air National Guard. “(3) Ensuring that units and members of the Army National Guard and the Air National Guard are trained by the States in accordance with approved programs and policies of, and guidance from, the Chief, the Secretary of the Army, and the Secretary of the Air Force. “(4) Monitoring and assisting the States in the organization, maintenance, and operation of National Guard units so as to provide well-trained and well-equipped units capable of augmenting the active forces in time of war or national emergency. “(5) Planning and administering the budget for the Army National Guard of the United States and the Air National Guard of the United States. “(6) Supervising the acquisition and supply of, and accountability of the States for, Federal property issued to the National Guard through the property and fiscal officers designated, detailed, or appointed under section 708 of title 32. “(7) Granting and withdrawing, in accordance with applicable laws and regulations, Federal recognition of (A) National Guard units, and (B) officers of the National Guard. “(8) Establishing policies and programs for the employment and use of National Guard technicians under section 709 of title 32. “(9) Supervising and administering the Active Guard and Reserve program as it pertains to the National Guard. “(10) Issuing directives, regulations, and publications consistent with approved policies of the Army and Air Force, as appropriate. “(11) Facilitating and supporting the training of members and units of the National Guard to meet State requirements. “(12) Such other functions as the Secretaries may prescribe. “§ 10504. Chief of National Guard Bureau: annual report “(a) Annual Report.— The Chief of the National Guard Bureau shall submit to the Secretary of Defense, through the Secretaries of the Army and the Air Force, an annual report on the state of the National Guard and the ability of the National Guard to meet its missions. The report shall be prepared in conjunction with the Secretary of the Army and the Secretary of the Air Force and may be submitted in classified and unclassified versions. “(b) Submission of Report to Congress.— The Secretary of Defense shall transmit the annual report of the Chief of the National Guard Bureau to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113(c) of this title is submitted to Congress. “§ 10505. Vice Chief of the National Guard Bureau “(a) Appointment.— (1) There is a Vice Chief of the National Guard Bureau, selected by the Secretary of Defense 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) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and “(C) are in a grade above the grade of colonel. “(2) The Chief and 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 National 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 restrictions in paragraph (2) and the provisions of paragraph (3)(B) for a limited period of time to provide for the orderly transition of officers appointed to serve in the positions of Chief and 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.— The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of major general. “(d) Functions as Acting Chief.— When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence or disability ceases. “(e) Succession After Chief and Vice Chief.— When there is a vacancy in the offices of both Chief and Vice Chief of the National Guard Bureau or in the absence or disability of both the Chief and Vice Chief of the National Guard Bureau, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty with the National Guard Bureau shall perform the duties of the Chief until a successor to the Chief or Vice Chief is appointed or the absence or disability of the Chief or Vice Chief ceases, as the case may be. “§ 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 while so serving shall hold the grade of major general and 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 while so serving shall hold the grade of major general and 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. “(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. “§ 10508. Definition “In this chapter, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin Islands.”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(c)(1) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505
Pub. L. 108–375, § 508(c)(1), substituted “Director of the Joint Staff” for “Vice Chief” in section catchline
Source evidence
Code amendment note
Pub. L. 108–375, § 508(c)(1), substituted “Director of the Joint Staff” for “Vice Chief” in section catchline.Enacted provision · exact public law section
(1) The heading for section 10505 of such title is amended to read as follows: “§ 10505. Director of the Joint Staff of the National Guard Bureau” .Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(a) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505(a)(1)
Pub. L. 108–375, § 508(a), substituted “Director of the Joint Staff” for “Vice Chief” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–375, § 508(a), substituted “Director of the Joint Staff” for “Vice Chief” in introductory provisions.Enacted provision · exact public law section
(a) Redesignation of Position.— Subsection (a)(1) of section 10505 of title 10, United States Code, is amended by striking “Vice Chief of the National Guard Bureau” and inserting “Director of the Joint Staff of the National Guard Bureau”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(b)(3) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(3) Paragraphs (2) and (4) of subsection (a) of such section are amended by striking “Chief and Vice Chief of the National Guard Bureau” and inserting “Chief of the National Guard Bureau and the Director of the Joint Staff of the National Guard Bureau”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(b)(1) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505(a)(3)(A)
Pub. L. 108–375, § 508(b)(1), substituted “Director of the Joint Staff” for “Vice Chief”
Source evidence
Code amendment note
Subsec. (a)(3)(A). Pub. L. 108–375, § 508(b)(1), substituted “Director of the Joint Staff” for “Vice Chief”.Enacted provision · exact public law section
(1) Subsections (a)(3)(A), (a)(3)(B), (b), and (c) of section 10505 of title 10, United States Code, are amended by striking “Vice Chief of the National Guard Bureau” and inserting “Director of the Joint Staff of the National Guard Bureau”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(b)(1) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505(a)(3)(B)
Pub. L. 108–375, § 508(b)(1), (2), substituted “Director of the Joint Staff” for “Vice Chief”
Substituted · 10 U.S.C. § 10505(a)(3)(B)
Pub. L. 108–375, § 508(b)(1), (2), substituted “as the Director” for “as the Vice Chief”
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 108–375, § 508(b)(1), (2), substituted “Director of the Joint Staff” for “Vice Chief” and “as the Director” for “as the Vice Chief”.Enacted provision · exact public law section
(1) Subsections (a)(3)(A), (a)(3)(B), (b), and (c) of section 10505 of title 10, United States Code, are amended by striking “Vice Chief of the National Guard Bureau” and inserting “Director of the Joint Staff of the National Guard Bureau”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(b)(3) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(3) Paragraphs (2) and (4) of subsection (a) of such section are amended by striking “Chief and Vice Chief of the National Guard Bureau” and inserting “Chief of the National Guard Bureau and the Director of the Joint Staff of the National Guard Bureau”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 508(b)(1) · 118 Stat. 1811
Substituted · 10 U.S.C. § 10505(b); 10 U.S.C. § 10505(c)
Pub. L. 108–375, § 508(b)(1), substituted “Director of the Joint Staff” for “Vice Chief”
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 108–375, § 508(b)(1), substituted “Director of the Joint Staff” for “Vice Chief”.Enacted provision · exact public law section
(1) Subsections (a)(3)(A), (a)(3)(B), (b), and (c) of section 10505 of title 10, United States Code, are amended by striking “Vice Chief of the National Guard Bureau” and inserting “Director of the Joint Staff of the National Guard Bureau”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 507(c) · 118 Stat. 1811
Struck · 10 U.S.C. § 10505(d); 10 U.S.C. § 10505(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, respectively
Source evidence
Code amendment note
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, respectively.Enacted provision · exact public law section
(c) Conforming Repeal.— Subsections (d) and (e) of section 10505 of such title are repealed.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 511(d)(1) · 125 Stat. 1298
Substituted · 10 U.S.C. § 10505
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 section catchline
Source evidence
Code amendment note
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 section catchline.Enacted provision · exact public law section
(1) Section heading.— The heading for section 10505 of such title is amended to read as follows: “§ 10505. Vice Chief of the National Guard Bureau” .National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 511(b)(1) · 125 Stat. 1298
Substituted · 10 U.S.C. § 10505(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 Bureau, selected by the Secretary of Defense from” in introductory provisions
Source evidence
Code amendment note
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 Bureau, selected by the Secretary of Defense from” in introductory provisions.Enacted provision · exact public law section
(1) Redesignation of director of the joint staff of the national guard bureau.— Subsection (a)(1) of section 10505 of such title is amended by striking “Director of the Joint Staff of the National Guard Bureau, selected by the Secretary of Defense from” and inserting “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”.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 511(b)(2) · 125 Stat. 1298
Added · 10 U.S.C. § 10505(a)(1)(B)(E)
Pub. L. 112–81, § 511(b)(2), added subpars. (B) and (C)
Redesignated · 10 U.S.C. § 10505(a)(1)(B)(E)
Pub. L. 112–81, § 511(b)(2), redesignated former subpars. (B) and (C) as (D) and (E), respectively
Substituted · 10 U.S.C. § 10505(a)(1)(B)(E)
Pub. L. 112–81, § 511(b)(2), substituted “brigadier general” for “colonel” in subpar. (E)
Source evidence
Code amendment note
Subsec. (a)(1)(B) to (E). Pub. L. 112–81, § 511(b)(2), added subpars. (B) and (C), redesignated former subpars. (B) and (C) as (D) and (E), respectively, and substituted “brigadier general” for “colonel” in subpar. (E).Enacted provision · exact public law section
(2) Eligibility requirements.— Subsection (a)(1) of such section is further amended— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (B) in subparagraph (E), as so redesignated, by striking “colonel” and inserting “brigadier general”; and (C) by inserting after subparagraph (A) the following new subparagraphs: “(B) are recommended by the Secretary of the Army, in the case of officers of the Army National Guard of the United States, or by the Secretary of the Air Force, in the case of officers 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 criteria and as a result of a process established by the Chairman, to have significant joint duty experience;” .National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 511(c)(1)(A) · 125 Stat. 1298
Substituted · 10 U.S.C. § 10505(a)(2)(4)
Pub. L. 112–81, § 511(c)(1)(A), substituted “Vice Chief” for “Director of the Joint Staff” wherever appearing
Substituted · 10 U.S.C. § 10505(a)(2)(4)
Pub. L. 112–81, § 511(c)(1)(A), substituted “as the Vice Chief” for “as the Director” in par. (3)(B)
Source evidence
Code amendment note
Subsec. (a)(2) to (4). Pub. L. 112–81, § 511(c)(1)(A), substituted “Vice Chief” for “Director of the Joint Staff” wherever appearing and substituted “as the Vice Chief” for “as the Director” in par. (3)(B).Enacted provision · exact public law section
(A) in subsection (a)— (i) in paragraphs (2), (3), and (4), by striking “Director of the Joint Staff” each place in appears and inserting “Vice Chief”; and (ii) in paragraph (3)(B), by striking “as the Director” and inserting “as the Vice Chief”; andNational Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 511(c)(1)(B) · 125 Stat. 1298
Substituted · 10 U.S.C. § 10505(b)
Pub. L. 112–81, § 511(c)(1)(B), substituted “Vice Chief” for “Director of the Joint Staff”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–81, § 511(c)(1)(B), substituted “Vice Chief” for “Director of the Joint Staff”.Enacted provision · exact public law section
(B) in subsection (b), by striking “Director of the Joint Staff” and inserting “Vice Chief”.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 511(b)(3) · 125 Stat. 1298
Amended · 10 U.S.C. § 10505(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(3) Grade and exclusion from general and flag officer authorized strength.— Subsection (c) of such section is amended to read as follows: “(c) Grade and Exclusion From General and Flag Officer Authorized Strength.— (1) The Appointment. 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, 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.” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 502(rr)(1) · 130 Stat. 2000
Struck · 10 U.S.C. § 10505(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(1) in subsection (a)(1)— (A) in subparagraph (C), by adding “and” at the end; (B) in subparagraph (D), by striking “; and” at the end and inserting a period; and (C) by striking subparagraph (E); andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 511 · 130 Stat. 2000
Substituted · 10 U.S.C. § 10505(a)(4)
Pub. L. 114–328, § 511, substituted “paragraph (3) for not more than 90 days” for “paragraph (3)(B) for a limited period of time”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 114–328, § 511, substituted “paragraph (3) for not more than 90 days” for “paragraph (3)(B) for a limited period of time”.Enacted provision · exact public law section
SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON TERM OF SERVICE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU. Section 10505(a)(4) of title 10, United States Code, is amended by striking “paragraph (3)(B) for a limited period of time” and inserting “paragraph (3) for not more than 90 days”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 502(rr)(2) · 130 Stat. 2000
Struck · 10 U.S.C. § 10505(c)
Pub. L. 114–328, § 502(rr)(2), struck out subsec. (c). Text read as follows:
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 502(rr)(2), struck out subsec. (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, 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.”
Enacted provision · exact public law section
(2) by striking subsection (c).National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title V § 512 · 137 Stat. 136
Added · 10 U.S.C. § 10505(c)
Pub. L. 118–31 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–31 added subsec. (c).Enacted provision · exact public law section
SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU. Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection: “(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.” .
23 of 23 references resolved to an enrolled provision
Editorial Notes
Amendments2004–2023 · 4 rounds
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 “paragraph (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 subsec. (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, 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.”
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 section 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 Bureau, selected by the Secretary of Defense from” in introductory provisions.
Subsec. (a)(1)(B) to (E). Pub. L. 112–81, § 511(b)(2), added subpars. (B) and (C), redesignated former subpars. (B) and (C) as (D) and (E), respectively, and substituted “brigadier general” for “colonel” in subpar. (E).
Subsec. (a)(2) to (4). Pub. L. 112–81, § 511(c)(1)(A), substituted “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.”
2004
Pub. L. 108–375, § 508(c)(1), substituted “Director of the Joint Staff” for “Vice Chief” in section catchline.
Subsec. (a)(1). Pub. L. 108–375, § 508(a), substituted “Director of the Joint Staff” for “Vice Chief” in introductory 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), substituted “Director of the Joint Staff” for “Vice Chief”.
Subsec. (a)(3)(B). Pub. L. 108–375, § 508(b)(1), (2), substituted “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), substituted “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, respectively.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 112–81, div. A, title V, § 511(c)(3), , 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 reference to the Vice Chief of the National Guard Bureau.”
Pub. L. 108–375, div. A, title V, § 508(d), , 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 Director of the Joint Staff of the National Guard Bureau.”
Effective Date
Section effective at end of 90-day period beginning on , 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), , 125 Stat. 1393, provided that: “The officer who is serving as Director of the Joint Staff of the National Guard Bureau on the date of the enactment of this Act [] shall serve, in the grade of major general, as acting Vice Chief of the National Guard Bureau until the appointment of a Vice Chief of the National Guard Bureau in accordance with subsection (a) of section 10505 of title 10, United States Code, as amended by subsection (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.”
Credits
1994–2023 · 5 acts
- 1994Added Pub. L. 103–337, div. A, title IX, § 904(a), , 108 Stat. 2826
- 2004amended Pub. L. 108–375, div. A, title V, §§ 507(c), 508(a)–(b)(3), (c)(1), , 118 Stat. 1876, 1877
- 2011Pub. L. 112–81, div. A, title V, § 511(b), (c)(1), (d)(1), , 125 Stat. 1392, 1393
- 2016Pub. L. 114–328, div. A, title V, §§ 502(rr), 511, , 130 Stat. 2106, 2112
- 2023Pub. L. 118–31, div. A, title V, § 512, , 137 Stat. 244.
Show as published
(Added Pub. L. 103–337, div. A, title IX, § 904(a), , 108 Stat. 2826; amended Pub. L. 108–375, div. A, title V, §§ 507(c), 508(a)–(b)(3), (c)(1), , 118 Stat. 1876, 1877; Pub. L. 112–81, div. A, title V, § 511(b), (c)(1), (d)(1), , 125 Stat. 1392, 1393; Pub. L. 114–328, div. A, title V, §§ 502(rr), 511, , 130 Stat. 2106, 2112; Pub. L. 118–31, div. A, title V, § 512, , 137 Stat. 244.)