CHAPTER 1213—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

        

Amendments

1999—Pub. L. 106–65, div. A, title V, §§554(a)(2), 578(k)(2)(B), Oct. 5, 1999, 113 Stat. 616, 631, added items 12503 and 12505.

§12501. Reserve components: detail of members of regular and reserve components to assist

The Secretary concerned shall detail such members of the regular and reserve components under his jurisdiction as are necessary to effectively develop, train, instruct, and administer those reserve components.

(Added Pub. L. 103–337, div. A, title XVI, §1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)

Prior Provisions

Provisions similar to those in this section were contained in section 715 of this title, prior to repeal by Pub. L. 103–337, §1662(g)(2).

Effective Date

Chapter effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Cross References

Detail of regular members of Army and Air Force to duty with National Guard, see section 315 of Title 32, National Guard.

§12502. Chief and assistant chief of staff of National Guard divisions and wings in Federal service: detail

(a) The President may detail a regular or reserve officer of the Army as chief of staff, and a regular or reserve officer or an officer of the Army National Guard as assistant to the chief of staff, of any division of the Army National Guard that is in Federal service as an Army National Guard organization.

(b) The President may detail a regular or reserve officer of the Air Force as chief of staff, and a regular or reserve officer or an officer of the Air National Guard as assistant to the chief of staff, of any wing of the Air National Guard that is in Federal service as an Air National Guard organization.

(Added Pub. L. 103–337, div. A, title XVI, §1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)

Prior Provisions

Provisions similar to those in this section were contained in sections 3542 and 8542 of this title, prior to repeal by Pub. L. 103–337, §1662(g)(2).

Cross References

Air Staff, see section 8031 et seq. of this title.

Army Staff, see section 3031 et seq. of this title.

Organization of National Guard, see section 104 of Title 32, National Guard.

§12503. Ready Reserve: funeral honors duty

(a) Order to Duty.—A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in section 1491 of this title.

(b) Service Credit.—A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive—

(1) service credit under section 12732(a)(2)(E) of this title; and

(2) if authorized by the Secretary concerned, the allowance under section 435 ¹ of title 37.

(c) Reimbursable Expenses.—A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37 if such duty is performed at a location 50 miles or more from the member's residence.

(d) Regulations.—The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.

(e) Members of the National Guard.—This section does not apply to members of the Army National Guard of the United States or the Air National Guard of the United States. The performance of funeral honors duty by those members is provided for in section 115 of title 32.

(Added Pub. L. 106–65, div. A, title V, §578(g)(3), Oct. 5, 1999, 113 Stat. 628.)

References in Text

Section 435 of title 37, referred to in subsec. (b)(2), probably means the section 435 which relates to funeral honors duty allowances and was added by Pub. L. 106–65, div. A, title V, §578(j), Oct. 5, 1999, 113 Stat. 630.

Section Referred to in Other Sections

This section is referred to in sections 1074a, 1076, 1204, 1206, 1481, 12552, 12732 of this title; title 37 section 435.

¹ See References in Text note below.

§12505.¹ Selection of officers for certain senior reserve component positions

(a) Covered Positions.—(1) This section applies to the positions specified in sections 3038, 5143, 5144, and 8038 and the positions of Director, Army National Guard, and Director, Air National Guard, specified in subparagraphs (A) and (B) of section 10506(a)(1) of this title.

(2) An officer may be assigned to one of the positions specified in paragraph (1) for service in the grade of lieutenant general or vice admiral if appointed to that grade for service in that position by the President, by and with the advice and consent of the Senate. An officer may be recommended to the President for such an appointment if selected for appointment to that position in accordance with this section.

(b) Eligibility for Higher Grade.—An officer shall be considered to have been selected for appointment to a position specified in subsection (a) in accordance with this section if—

(1) the officer is recommended for that appointment by the Secretary of the military department concerned;

(2) the officer 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; and

(3) the officer is recommended by the Secretary of Defense to the President for appointment in accordance with this section.

(c) Counting for Purposes of Grade Limitations.—An officer on active duty for service in a position specified in subsection (a) who is serving in that position (by reason of selection in accordance with this section) in the grade of lieutenant general or vice admiral shall be counted for purposes of the grade limitations under sections 525 and 526 of this title. This subsection does not affect the counting for those purposes of officers serving in those positions under any other provision of law.

(d) Transition Waiver Authority.—Until October 1, 2002, the Secretary of Defense may waive paragraph (2) of subsection (b) with respect to the appointment of an officer to a position specified in subsection (a) if in the judgment of the Secretary—

(1) the officer is qualified for service in the position; and

(2) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

(Added Pub. L. 106–65, div. A, title V, §554(a)(1), Oct. 5, 1999, 113 Stat. 616.)

Effective Date

Pub. L. 106–65, div. A, title V, §554(g), (h), Oct. 5, 1999, 113 Stat. 617, provided that:

"(g) Effective Date.—The amendments made by this section [enacting this section and amending sections 3038, 5143, 5144, 8038, and 10506 of this title] shall take effect 60 days after the date of the enactment of this Act [Oct. 5, 1999].

"(h) Applicability to Incumbents.—(1) If an officer who is a covered position incumbent is appointed under the amendments made by this section to the grade of lieutenant general or vice admiral, the term of service of that officer in that covered position shall not be extended by reason of such appointment.

"(2) For purposes of this subsection:

"(A) The term 'covered position incumbent' means a reserve component officer who on the effective date specified in subsection (g) is serving in a covered position.

"(B) The term 'covered position' means a position specified in section 12505 of title 10, United States Code, as added by subsection (a)."

Section Referred to in Other Sections

This section is referred to in sections 3038, 5143, 5144, 8038, 10506 of this title.

¹ So in original. No section 12504 has been enacted.