§10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade

(a) Appointment.-There is a Chief of the National Guard Bureau, who is responsible for the organization and operations of the National Guard Bureau. The Chief of the National Guard Bureau is appointed by the President, by and with the advice and consent of the Senate. Such appointment shall be made from officers of the Army National Guard of the United States or the Air National Guard of the United States who-

(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;

(2) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and

(3) are in a grade above the grade of brigadier general.

(b) Term of Office.-An officer appointed as Chief of the National Guard Bureau serves at the pleasure of the President for a term of four years. An officer may not hold that office after becoming 64 years of age. An officer may be reappointed as Chief of the National Guard Bureau. While holding that office, the Chief of the National Guard Bureau may not be removed from the reserve active-status list, or from an active status, under any provision of law that otherwise would require such removal due to completion of a specified number of years of service or a specified number of years of service in grade.

(c) Adviser on National Guard Matters.-The Chief of the National Guard Bureau is the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States.

(d) Grade.-The Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general.

(Added Pub. L. 103–337, div. A, title IX, §904(a), Oct. 5, 1994, 108 Stat. 2824 .)

Prior Provisions

Provisions similar to those in this section were contained in section 3040(a)–(c) of this title, prior to repeal by Pub. L. 103–337, §904(b)(1).

Cross References

National Guard Bureau-

Appropriations, see section 107 of Title 32, National Guard.

Chief's issuance of certificate of eligibility for Federal recognition of officers, see section 307 of Title 32.

President's appointing power, see Const. Art. II, §2, cl. 2.

Provisions respecting responsibility for reserve affairs as not affecting functions of Chief of National Guard Bureau, see section 10203 of this title.

Section Referred to in Other Sections

This section is referred to in title 37 section 204.