118 STAT. 1876 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED OFFICERS RECALLED TO ACTIVE DUTY. (a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall carry out a study to determine whether it would be equitable for retired officers on active duty, but not on the active duty list by reason of section 582(2) or 641(4) of title 10, United States Code, to be eligible for consideration for promotion under chapter 33A of such title, in the case of warrant officers, or chapter 36 of such title, in the case of officers other than warrant officers. (b) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under subsection (a). The report shall include a discussion of the Secretary’s determination regarding the issue covered by the study, the rationale for the Secretary’s determination, and any recommended legislation that the Secretary considers appropriate regarding that issue. SEC. 507. SUCCESSION FOR OFFICE OF CHIEF, NATIONAL GUARD BUREAU. (a) DESIGNATION OF SENIOR OFFICER IN NATIONAL GUARD BUREAU.—Section 10502 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) SUCCESSION.—(1) Unless otherwise directed by the Presi dent or the Secretary of Defense, the senior of the two officers specified in paragraph (2) shall serve as the acting Chief of the National Guard Bureau during any period that— ‘‘(A) there is a vacancy in the position of Chief of the National Guard Bureau; or ‘‘(B) the Chief is unable to perform the duties of that office. ‘‘(2) The officers specified in this paragraph are the following: ‘‘(A) The senior officer of the Army National Guard of the United States on duty with the National Guard Bureau. ‘‘(B) The senior officer of the Air National Guard of the United States on duty with the National Guard Bureau.’’. (b) CLERICAL AMENDMENTS.—(1) The heading of such section is amended to read as follows: ‘‘§ 10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade; succession’’. (2) 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: ‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade; succession.’’. (c) CONFORMING REPEAL.—Subsections (d) and (e) of section 10505 of such title are repealed. SEC. 508. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AS DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU. (a) REDESIGNATION OF POSITION.—Subsection (a)(1) of section 10505 of title 10, United States Code, is amended by striking ‘‘Vice Chief of the National Guard Bureau’’ and inserting ‘‘Director of the Joint Staff of the National Guard Bureau’’.
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