I

103D CONGRESS

2D SESSION H. R. 4255

To amend title 10, United States Code, to provide a charter for the National

Guard Bureau, otherwise to improve the administration of the National

Guard, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 19, 1994

Mr. MONTGOMERY introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide a charter

for the National Guard Bureau, otherwise to improve

the administration of the National Guard, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Guard

5 Bureau Act of 1994’’.
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1 SEC. 2. REVISION OF NATIONAL GUARD BUREAU CHARTER.

2 (a) IN GENERAL.—(1) Subtitle A of title 10, United

3 States Code, is amended by inserting after chapter 11 the

4 following new chapter:

5 ‘‘CHAPTER 12—NATIONAL GUARD BUREAU

‘‘291. National Guard Bureau.

‘‘292. Chief of the National Guard Bureau: appointment; adviser on National

Guard matters; grade.

‘‘293. Chief, National Guard Bureau: functions.

‘‘294. Chief of National Guard Bureau: annual report.

‘‘295. Vice Chief of the National Guard Bureau.

‘‘296. Other senior National Guard Bureau officers.

‘‘297. Assignment of officers: joint duty assignment.

‘‘298. Definition.

6 ‘‘§ 291. National Guard Bureau

7 ‘‘(a) NATIONAL GUARD BUREAU.—There is in the

8 Department of Defense the National Guard Bureau, which

9 is a joint bureau of the Department of the Army and the

10 Department of the Air Force.

11 ‘‘(b) PURPOSES.—The National Guard Bureau is the

12 channel of communications on all matters pertaining to

13 the National Guard, the Army National Guard of the

14 United States, and the Air National Guard of the United

15 States between (1) the Department of the Army, Depart16 ment of the Air Force, and other components of the De17 partment of Defense, and (2) the several States.
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1 ‘‘§ 292. Chief of the National Guard Bureau: appoint2 ment; adviser on National Guard matters;

3 grade

4 ‘‘(a) APPOINTMENT.—There is a Chief of the Na5 tional Guard Bureau, who is responsible for the organiza6 tion and operations of the National Guard Bureau. The

7 Chief of the National Guard Bureau is appointed by the

8 President, by and with the advice and consent of the Sen9 ate. Such appointment shall be made from officers of the

10 Army National Guard of the United States or the Air Na11 tional Guard of the United States who—

12 ‘‘(1) are recommended for such appointment by

13 their respective Governors or, in the case of the Dis14 trict of Columbia, the commanding general of the

15 District of Columbia National Guard;

16 ‘‘(2) have had at least 10 years of federally rec17 ognized commissioned service in an active status in

18 the National Guard; and

19 ‘‘(3) are in a grade above the grade of brigadier

20 general.

21 ‘‘(b) TERM OF OFFICE.—An officer appointed as

22 Chief of the National Guard Bureau serves at the pleasure

23 of the President for a term of four years. An officer may

24 not hold that office after becoming 64 years of age. An

25 officer may be reappointed as Chief of the National Guard

26 Bureau.
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1 ‘‘(c) ADVISER ON NATIONAL GUARD MATTERS.—The

2 Chief of the National Guard Bureau is the principal ad3 viser to the Secretary of the Army and the Chief of Staff

4 of the Army, and to the Secretary of the Air Force and

5 the Chief of Staff of the Air Force, on matters relating

6 to the National Guard, the Army National Guard of the

7 United States, and the Air National Guard of the United

8 States.

9 ‘‘(d) GRADE.—The Chief of the National Guard Bu10 reau shall be appointed to serve in a grade above major

11 general.

12 ‘‘§ 293. Chief, National Guard Bureau: functions

13 ‘‘Subject to the authority, direction, and control of

14 the Secretary of the Army and the Secretary of the Air

15 Force, the Chief of the National Guard Bureau is respon16 sible for the following:

17 ‘‘(1) Allocating unit structure, strength author18 izations, and other resources to the Army National

19 Guard of the United States and the Air National

20 Guard of the United States.

21 ‘‘(2) Prescribing the training discipline and

22 training requirements for the Army National Guard

23 and the Air National Guard and the allocation of

24 Federal funds for the training of the Army National

25 Guard and the Air National Guard.
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1 ‘‘(3) Ensuring that units and members of the

2 Army National Guard and the Air National Guard

3 are trained by the States in accordance with ap4 proved programs and policies of, and guidance from,

5 the Chief, the Secretary of the Army, and the Sec6 retary of the Air Force.

7 ‘‘(4) Monitoring and assisting the States in the

8 organization, maintenance, and operation of Na9 tional Guard units so as to provide well-trained and

10 well-equipped units capable of augmenting the active

11 forces in time of war or national emergency.

12 ‘‘(5) Planning and administering the budget for

13 the Army National Guard of the United States and

14 the Air National Guard of the United States.

15 ‘‘(6) Supervising the acquisition and supply of,

16 and accountability of the States for, Federal prop17 erty issued to the National Guard through the prop18 erty and fiscal officers designated, detailed, or ap19 pointed under section 708 of title 32.

20 ‘‘(7) Granting and withdrawing, in accordance

21 with applicable laws and regulations, Federal rec22 ognition of (A) National Guard units, and (B) offi23 cers of the National Guard.
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1 ‘‘(8) Establishing policies and programs for the

2 employment and use of National Guard technicians

3 under section 709 of title 32.

4 ‘‘(9) Supervising and administering the Active

5 Guard and Reserve program as it pertains to the

6 National Guard.

7 ‘‘(10) Issuing directives, regulations, and publi8 cations consistent with approved policies of the

9 Army and Air Force, as appropriate.

10 ‘‘(11) Facilitating and supporting the training

11 of members and units of the National Guard to meet

12 State requirements.

13 ‘‘(12) Performing such other functions as may

14 be prescribed by the Secretary of the Army or the

15 Secretary of the Air Force.

16 ‘‘§ 294. Chief of National Guard Bureau: annual re17 port

18 ‘‘(a) ANNUAL REPORT.—The Chief of the National

19 Guard Bureau shall submit to the Secretary of Defense

20 an annual report on the state of readiness of the National

21 Guard and the ability of the National Guard to meet its

22 missions. The report shall be prepared in conjunction with

23 the Secretary of the Army and the Secretary of the Air

24 Force and may be submitted in classified and unclassified

25 versions.
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1 ‘‘(b) SUBMISSION OF REPORT TO CONGRESS.—The

2 Secretary of Defense shall transmit the annual report of

3 the Chief of the National Guard Bureau to Congress, to4 gether with such comments on the report as the Secretary

5 considers appropriate. The report shall be transmitted at

6 the same time each year that the annual report of the Sec7 retary under section 113(c) of this title is submitted to

8 Congress.

9 ‘‘§ 295. Vice Chief of the National Guard Bureau

10 ‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the

11 National Guard Bureau, selected by the Secretary of De12 fense from officers of the Army National Guard of the

13 United States or the Air National Guard of the United

14 States who—

15 ‘‘(A) are recommended for such appointment by

16 their respective Governors or, in the case of the Dis17 trict of Columbia, the commanding general of the

18 District of Columbia National Guard;

19 ‘‘(B) have had at least 10 years of federally rec20 ognized commissioned service in an active status in

21 the National Guard; and

22 ‘‘(C) are in a grade above the grade of colonel.

23 ‘‘(2) The Chief and Vice Chief of the National Guard

24 Bureau may not both be members of the Army or of the

25 Air Force.
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1 ‘‘(3)(A) Except as provided in subparagraph (B), an

2 officer appointed as Vice Chief of the National Guard Bu3 reau serves for a term of four years, but may be removed

4 from office at any time for cause.

5 ‘‘(B) The term of the Vice Chief of the National

6 Guard Bureau shall end upon the appointment of a Chief

7 of the National Guard Bureau who is a member of the

8 same armed force as the Vice Chief.

9 ‘‘(4) The Secretary of Defense may waive the restric10 tions in paragraph (2) and the provisions of paragraph

11 (3)(B) for a limited period of time to provide for the or12 derly transition of officers appointed to serve in the posi13 tions of Chief and Vice Chief of the National Guard

14 Bureau.

15 ‘‘(b) DUTIES.—The Vice Chief of the National Guard

16 Bureau performs such duties as may be prescribed by the

17 Chief of the National Guard Bureau.

18 ‘‘(c) GRADE.—The Vice Chief of the National Guard

19 Bureau shall be appointed to serve in a grade above briga20 dier general.

21 ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is

22 a vacancy in the office of the Chief of the National Guard

23 Bureau or in the absence or disability of the Chief, the

24 Vice Chief of the National Guard Bureau acts as Chief
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1 and performs the duties of the Chief until a successor is

2 appointed or the absence or disability ceases.

3 ‘‘(e) SUCCESSION AFTER CHIEF AND VICE CHIEF.—

4 When there is a vacancy in the offices of both Chief and

5 Vice Chief of the National Guard Bureau or in the absence

6 or disability of both the Chief and Vice Chief of the Na7 tional Guard Bureau, or when there is a vacancy in one

8 such office and in the absence or disability of the officer

9 holding the other, the senior officer of the Army National

10 Guard of the United States or the Air National Guard

11 of the United States on duty with the National Guard Bu12 reau shall perform the duties of the Chief until a successor

13 to the Chief or Vice Chief is appointed or the absence or

14 disability of the Chief or Vice Chief ceases, as the case

15 may be.

16 ‘‘§ 296. Other senior National Guard Bureau officers

17 ‘‘(a) ADDITIONAL GENERAL OFFICERS.—(1) In addi18 tion to the Chief and Vice Chief of the National Guard

19 Bureau, there shall be assigned to the National Guard Bu20 reau—

21 ‘‘(A) two general officers selected by the Sec22 retary of the Army from officers of the Army Na23 tional Guard of the United States who have been

24 nominated by their respective Governors or, in the

25 case of the District of Columbia, the commanding
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1 general of the District of Columbia National Guard,

2 the senior of whom while so serving shall hold the

3 grade of major general and serve as Director, Army

4 National Guard, with the other serving as Deputy

5 Director, Army National Guard; and

6 ‘‘(B) two general officers selected by the Sec7 retary of the Air Force from officers of the Air Na8 tional Guard of the United States who have been

9 nominated by their respective Governors or, in the

10 case of the District of Columbia, the commanding

11 general of the District of Columbia National Guard,

12 the senior of whom while so serving shall hold the

13 grade of major general and serve as Director, Air

14 National Guard, with the other serving as Deputy

15 Director, Air National Guard.

16 ‘‘(2) The officers so selected shall assist the Chief of

17 the National Guard Bureau in carrying out the functions

18 of the National Guard Bureau as they relate to their re19 spective branches.

20 ‘‘(b) OTHER OFFICERS.—There are in the National

21 Guard Bureau a legal counsel, a comptroller, and an in22 spector general, each of whom shall be appointed by the

23 Chief of the National Guard Bureau. They shall perform

24 such duties as the Chief may prescribe.
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1 ‘‘§ 297. Assignment of officers: joint duty assignment

2 ‘‘Under such regulations as the Secretary of Defense

3 may prescribe, a duty assignment to the Office of the

4 Chief of the National Guard Bureau shall be considered

5 to be a joint duty assignment for the purposes of section

6 668 of this title.

7 ‘‘§ 298. Definition

8 ‘‘In this chapter, the term ‘State’ includes the Dis9 trict of Columbia, the Commonwealth of Puerto Rico, and

10 Guam and the Virgin Islands.’’.

11 (2) The table of chapters at the beginning of subtitle

12 A of title 10, United States Code, and at the beginning

13 of part I of such subtitle, are each amended by inserting

14 after the item relating to chapter 11 the following:

‘‘12. National Guard Bureau ............................................................. 291’’.

15 (b) CONFORMING REPEAL.—(1) Section 3040 of title

16 10, United States Code, is repealed.

17 (2) The table of sections at the beginning of chapter

18 305 of such title is amended by striking out the item relat19 ing to section 3040.

20 (c) CONFORMING AMENDMENT.—The text of section

21 108 of title 32, United States Code, is amended to read

22 as follows:

23 ‘‘If, within a time fixed by the President, a State fails

24 to comply with a requirement of this title, or a regulation

25 prescribed under this title, the National Guard of that
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1 State is barred, in whole or in part, as the President may

2 prescribe, from receiving money or any other aid, benefit,

3 or privilege authorized by law.’’.

4 SEC. 3. RESERVE GENERAL AND FLAG OFFICERS ON AC5 TIVE DUTY.

6 Section 526 of title 10, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(d)(1) Within the numbers authorized under sub9 sections (a) and (b), there shall be Reserve general and

10 flag officers serving in the National Guard Bureau, the

11 Office of a Chief of a reserve component, or the head12 quarters of a reserve component command as follows:

Army National Guard of the United

States ........................................................ 4 general officers.

Army Reserve ............................................... 4 general officers.

Naval Reserve ............................................... 3 flag officers.

Marine Corps Reserve .................................. 1 general officer.

Air National Guard of the United States .... 4 general officers.

Air Force Reserve ......................................... 3 general officers.

13 ‘‘(2) Within the numbers authorized under sub14 sections (a) and (b), there shall be a Reserve general or

15 flag officer who is assigned as the Military Executive to

16 the Reserve Forces Policy Board and a Reserve general

17 or flag officer who is assigned as an Assistant to the

18 Chairman of the Joint Chiefs of Staff.

19 ‘‘(e) The limitation of this section does not apply to

20 a reserve general or flag officer who is on active duty for

21 training or who is on active duty under a call or order

22 specifying a period of less than 180 days.’’.
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1 SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE

2 DUTY.

3 Section 101(d) of title 10, United States Code, is

4 amended by adding at the end thereof the following:

5 ‘‘(7)(A) The term ‘active Guard and Reserve

6 duty’ means active duty or full-time National Guard

7 duty performed by a member of a reserve component

8 of the Army, Navy, Air Force, or Marine Corps or

9 of the National Guard pursuant to an order to active

10 duty or full-time National Guard duty for a period

11 of more than 180 consecutive days for the purpose

12 of organizing, administering, recruiting, instructing,

13 or training the reserve components or the National

14 Guard.

15 ‘‘(B) Such term does not include the following:

16 ‘‘(i) Duty performed as a member of the

17 Reserve Forces Policy Board provided for under

18 section 175 of this title.

19 ‘‘(ii) Duty performed as a property and fis20 cal officer under section 708 of title 32.

21 ‘‘(iii) Duty performed in connection with

22 drug interdiction and counter-drug activities

23 under section 112 of title 32.

24 ‘‘(iv) Duty performed as a general or flag

25 officer.
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1 ‘‘(v) Service as a State director of the Se2 lective Service System under section 10(b)(2) of

3 the Military Selective Service Act (50 U.S.C.

4 App. 460(b)(2)).’’.

5 SEC. 5. EFFECTIVE DATE.

6 The amendments made by this Act shall take effect

7 at the end of the 90-day period beginning on the date of

8 the enactment of this Act.

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