108 STAT. 2826 PUBLIC LAW 103-337—OCT. 5, 1994 "(b) SUBMISSION OF REPORT TO CONGRESS.— The Secretary of Defense shall transmit the annual report of the Chief of the National Guard Bureau to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113(c) of this title is submitted to Congress. § 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.
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