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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2012 · Sec. 511

Sec. 511. LEADERSHIP OF NATIONAL GUARD BUREAU

1,124 words·~5 min read·/statute-compilations/comps-10045/sec-511

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## SEC. 511 LEADERSHIP OF NATIONAL GUARD BUREAU ###
(a)Chief of the National Guard Bureau ####
(1)Grade and exclusion from general and flag officer authorized strength Subsection
(d)of section 10502 of title 10, United States Code, is amended to read as follows: > > ### “(d) Grade and Exclusion From General and Flag Officer Authorized Strength > > > ####
(1)> > The 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 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.” > . ####
(2)Succession Subsection
(e)of such section is amended to read as follows: > > ### “(e) Succession > > > ####
(1)> > 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. > > > #### “(2) > > When there is a vacancy in the offices of both the Chief and the Vice Chief of the National Guard Bureau or in the absence or disability of both the Chief and the 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.” > . ####
(3)Exclusion for chief of national guard bureau from general officer distribution limitations Section 525 of such title is amended— #####
(A)in subsection (b)(1), by striking subparagraph (D); and #####
(B)in subsection (g)— ######
(i)by striking paragraph (2); and ######
(ii)by redesignating paragraph
(3)as paragraph (2). ###
(b)Vice Chief of the National Guard Bureau ####
(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”. ####
(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;” > . ####
(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 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.” > . ###
(c)Conforming Amendments Regarding References to Director ####
(1)Cross references in section 10505 Section 10505 of such title is further amended— #####
(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”; and #####
(B)in subsection (b), by striking “Director of the Joint Staff” and inserting “Vice Chief”. ####
(2)Cross references in section 10506 Section 10506(a)(1) of such title is amended by striking “Chief of the National Guard Bureau and the Director of the Joint Staff” and inserting “Chief and Vice Chief”. ####
(3)Other references **[**[10 U.S.C. 10505 note](/us/usc/t10/s10505)**]** 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. ###
(d)Clerical Amendments ####
(1)Section heading The heading for section 10505 of such title is amended to read as follows: > > ## “SEC. 10505 Vice Chief of the National Guard Bureau” > . ####
(2)Table of sections The item relating to such section in the table of sections at the beginning of chapter 1011 of such title is amended to read as follows:" “10505. Vice Chief of the National Guard Bureau.” ". ###
(e)Treatment of Current Director of the Joint Staff of the National Guard Bureau **[**[10 U.S.C. 10505 note](/us/usc/t10/s10505)**]** 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), the acting Vice Chief of the National Guard Bureau shall not be excluded from the limitations in section 526(a) of such title.
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Sec. 511
LEADERSHIP OF NATIONAL GUARD BUREAU
U.S.C.§ 10505
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