
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC10505]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
                   CHAPTER 1011--NATIONAL GUARD BUREAU
 
Sec. 10505. Vice Chief of the National Guard Bureau

    (a) Appointment.--(1) There is a Vice Chief of the National Guard 
Bureau, selected by the Secretary of Defense from officers of the Army 
National Guard of the United States or the Air National Guard of the 
United States who--
        (A) 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;
        (B) have had at least 10 years of federally recognized 
    commissioned service in an active status in the National Guard; and
        (C) are in a grade above the grade of colonel.

    (2) The Chief and Vice Chief of the National Guard Bureau may not 
both be members of the Army or of the Air Force.
    (3)(A) Except as provided in subparagraph (B), an officer appointed 
as Vice Chief of the National Guard Bureau serves for a term of four 
years, but may be removed from office at any time for cause.
    (B) The term of the Vice Chief of the National Guard Bureau shall 
end upon the appointment of a Chief of the National Guard Bureau who is 
a member of the same armed force as the Vice Chief.
    (4) The Secretary of Defense may waive the restrictions in paragraph 
(2) and the provisions of paragraph (3)(B) for a limited period of time 
to provide for the orderly transition of officers appointed to serve in 
the positions of Chief and Vice Chief of the National Guard Bureau.
    (b) Duties.--The Vice Chief of the National Guard Bureau performs 
such duties as may be prescribed by the Chief of the National Guard 
Bureau.
    (c) Grade.--The Vice Chief of the National Guard Bureau shall be 
appointed to serve in the grade of major general.
    (d) Functions as Acting Chief.--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.
    (e) Succession After Chief and Vice Chief.--When there is a vacancy 
in the offices of both Chief and Vice Chief of the National Guard Bureau 
or in the absence or disability of both the Chief and 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.

(Added Pub. L. 103-337, div. A, title IX, Sec. 904(a), Oct. 5, 1994, 108 
Stat. 2826.)


                            Prior Provisions

    Provisions similar to those in subsecs. (d) and (e) of this section 
were contained in section 3040(d) of this title, prior to repeal by Pub. 
L. 103-337, Sec. 904(b)(1).

                  Section Referred to in Other Sections

    This section is referred to in section 641 of this title.
