§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.