§10502 — Title 10 Armed Forces | U.S. Code

Summary

The Chief runs the National Guard Bureau. The President picks the Chief and the Senate must approve. The Chief must come from the Army or Air National Guard and meet several rules: be recommended by their Governor (or the DC commanding general) and by the Secretary of the Army or Air Force; have at least 10 years as a federally recognized commissioned officer on active status in the National Guard; hold a rank higher than brigadier general; be found by the Chairman of the Joint Chiefs to have important joint-duty experience under the Chairman’s process; be judged by the Secretary of Defense to have the right assignments and background to understand Guard forces and Bureau missions; have the right operational experience, military education, and defense know-how for the advisory job; and meet any other qualifications the Secretary of Defense sets. The Chief serves four years at the President’s pleasure and can be reappointed. While serving, the Chief generally cannot be removed from the reserve active-status list or active status for reaching service or time-in-grade limits, except as allowed by section 14508(d). The Chief is the main adviser to the Secretary of Defense (through the Chairman of the Joint Chiefs) on non-federalized Guard matters and also advises the Secretaries and Chiefs of the Army and Air Force about the National Guard. As a member of the Joint Chiefs, the Chief handles non-federalized Guard issues for homeland defense and civil support. The Chief holds the rank of general, and the Secretary of Defense will treat the job as exempt from certain officer limits under section 526(b). If the Chief is absent or the job is empty, the Vice Chief acts as Chief. If both are absent or the jobs are empty, the senior Army or Air National Guard officer on duty at the Bureau performs the duties until a successor serves or the absence ends.

Title 10, §10502

Armed Forces — Source: USLM XML via OLRC

(a)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)are recommended for such appointment by the Secretary of the Army or the Secretary of the Air Force;

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

(4)are in a grade above the grade of brigadier general;

(5)are 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;

(6)are determined by the Secretary of Defense to have successfully completed such other assignments and experiences so as to possess a detailed understanding of the status and capabilities of National Guard forces and the missions of the National Guard Bureau as set forth in section 10503 of this title;

(7)have a level of operational experience in a position of significant responsibility, professional military education, and demonstrated expertise in national defense and homeland defense matters that are commensurate with the advisory role of the Chief of the National Guard Bureau; and

(8)possess such other qualifications as the Secretary of Defense shall prescribe for purposes of this section.

(b)(1)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 be reappointed as Chief of the National Guard Bureau.

(2)Except as provided in section 14508(d) of this title, while holding the office of Chief of the National Guard Bureau, 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)The Chief of the National Guard Bureau is—

(1)a principal advisor to the Secretary of Defense, through the Chairman of the Joint Chiefs of Staff, on matters involving non-federalized National Guard forces and on other matters as determined by the Secretary of Defense; and

(2)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)As a member of the Joint Chiefs of Staff, the Chief of the National Guard Bureau has the specific responsibility of addressing matters involving non-Federalized National Guard forces in support of homeland defense and civil support missions.

(e)(1)The Chief of the National Guard Bureau shall be appointed to serve in the grade of general.

(2)The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.

(f)(1)When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence or disability ceases.

(2)When there is a vacancy in the offices of both the Chief and the Vice Chief of the National Guard Bureau or in the absence or disability of both the Chief and the Vice Chief of the National Guard Bureau, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty with the National Guard Bureau shall perform the duties of the Chief until a successor to the Chief or Vice Chief is appointed or the absence or disability of the Chief or Vice Chief ceases, as the case may be.

Notes & Related Subsidiaries

Editorial Notes

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).

Amendments

2011—Subsec. (d). Pub. L. 112–81, § 512(b)(2) added subsec (d). Former subsec. (d) redesignated (e). Pub. L. 112–81, § 511(a)(1), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Chief of the National Guard Bureau shall be appointed to serve in the grade of general.” Subsec. (e). Pub. L. 112–81, § 512(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Pub. L. 112–81, § 511(a)(2), amended subsec. (e) generally. Prior to amendment, text related to succession for office of Chief of the National Guard Bureau. Subsec. (f). Pub. L. 112–81, § 512(b)(1), redesignated subsec. (e) as (f). 2008—Subsec. (a). Pub. L. 110–181, § 1811(a), added pars. (1) to (8) and struck out former pars. (1) to (3) which read as follows: “(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.” Subsec. (b). Pub. L. 110–181, § 1825(c)(2), inserted par. (1) designation before “An officer appointed” and substituted “(2) Except as provided in section 14508(d) of this title, while holding the office of Chief of the National Guard Bureau” for “While holding that office”. Pub. L. 110–181, § 1811(c), struck out “An officer may not hold that office after becoming 64 years of age.” after “four years.” Subsec. (c). Pub. L. 110–181, § 1811(d), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.” Subsec. (d). Pub. L. 110–181, § 1811(b), substituted “general” for “lieutenant general”. 2004—Pub. L. 108–375, § 507(b)(1), inserted “; succession” after “grade” in section catchline. Subsec. (e). Pub. L. 108–375, § 507(a), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as a note under section 10501 of this title.

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