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.