Page:United States Statutes at Large Volume 114 Part 3.djvu/147

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-105 Any such waiver shall be made on a case-by-case basis. "(c) TERM; REAPPOINTMENT; GRADE.— (1) The Chief of Air Force Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Air Force Reserve may be reappointed for one additional four-year period. "(2) The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.". (e) DIRECTORS IN THE NATIONAL GUARD BUREAU. —Section 10506(a) of such title is amended— (1) in subparagraphs (A) and (B) of paragraph (1), by striking "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" and inserting "shall be appointed in accordance with paragraph (3), shall hold the grade of lieutenant general while so serving, and shall"; and (2) by adding at the end the following new paragraph: "(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) Until October 1, 2003, the Secretary of Defense may waive clause (ii) of subparagraph (B) with respect to the appointment of an officer as Director, Army National Guard, or as Director, Air National Guard, if the Secretary of the military department concerned requests the waiver and, in the judgment of the Secretary of Defense— "(i) the officer is qualified for service in the position; and "(ii) the waiver is necessary for the good of the service. Any such waiver shall be made on a case-by-case basis. "(E) 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.". (f) REPEAL OF SUPERSEDED SECTION.—(1) Section 12505 of such title is repealed. (2) The table of sections at the beginning of chapter 1213 is amended by striking the item relating to section 12505. (g) CONFORMING INCREASE IN AUTHORIZED NUMBER OF 0-9 POSITIONS.—Section 525(b) of such title is amended— (1) in paragraph (1)— (A) by striking "Army, Air Force, or Marine Corps" in the first sentence and inserting "Army or Air Force";

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