12 2 STA T .496PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 SEC.180 1.S HORT T I T L E. Thist it lemayb e c ite d as the ‘ ‘ N ati on al Gu a r d E m p o w erment A cto f20 0 7’ ’ .Subti t leA—Na ti on al G ua rdB ureau SEC. 1811. AP POI N T M ENT ,G RA D E,D U TIES, AND RETIREMENT O F THE CHIEF OF THE NATIONAL GUARD B UREAU. ( a ) A P P OINTME NT. —S ubsection (a) of section 1 0 5 02 of title 10 ,U nited States C ode, is amended by stri k in g paragraphs (1) through ( 3 ) and inserting the following new paragraphs
‘‘(1) are recommended for such appointment by their respec - ti v e Governors or, in the case of the D istrict of Columbia, the commanding general of the District of Columbia National Guard
‘‘(2) are recommended for such appointment by the Sec- retary of the Army or the Secretary of the Air F orce; ‘‘(3) have had at least 10 years of federally recogni z ed 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 J oint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant j oint duty e x perience; ‘‘( 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 B ureau 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 q ualifications as the Secretary of Defense shall prescribe for purposes of this section.’’. (b) G RAD E.—Subsection (d) of such section is amended by striking ‘‘lieutenant general’’ and inserting ‘‘general’’. (c) R EPEA L O F A G E64 L IMITATION ON SER V I C E.—Subsection (b) of such section is amended by striking ‘‘An officer may not hold that office after becoming 64 years of age.’’. (d) ADVI S OR Y D U TIES.—Subsection (c) of such section is amended to read as follows: ‘‘(c) ADVISOR ON NATIONAL GUARD M ATTERS.—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.’’. 10USC 101 note.
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