I

103D CONGRESS

1ST SESSION H. R. 3180

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

Guard Bureau, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1993

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, 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 Amendments of 1993’’.

6 SEC. 2. REVISION OF NATIONAL GUARD BUREAU CHARTER.

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

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

9 following new chapter:
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1 ‘‘CHAPTER 12—NATIONAL GUARD BUREAU

‘‘291. National Guard Bureau.

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

National Guard matters; grade.

‘‘293. Chief of the National Guard Bureau: functions; annual report.

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

‘‘295. Other senior National Guard Bureau officers.

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

‘‘297. Definition.

2 ‘‘§ 291. National Guard Bureau

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

4 Department of Defense the National Guard Bureau, which

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

6 Department of the Air Force.

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

8 supervisory and operating agency of the Department of

9 Defense for the Army National Guard of the United

10 States and the Air National Guard of the United States.

11 The Bureau is also the channel of communications be12 tween (1) the Department of the Army, Department of

13 the Air Force, and other components of the Department

14 of Defense, and (2) the several States, on all matters per15 taining to the National Guard, the Army National Guard

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

17 United 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 officers of

11 the Air National 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 for a term of

23 four years, but may be removed for cause at any time.

24 An officer may not hold that office after becoming 64

25 years of age. An officer may be reappointed as Chief of

26 the National Guard Bureau.
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1 ‘‘(c) ADVISER ON NATIONAL GUARD MATTERS.—(1)

2 The Chief of the National Guard Bureau is the principal

3 adviser to the Secretary of the Army and the Chief of

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

5 and the Chief of Staff of the Air Force, on matters relat6 ing to the Army National Guard of the United States and

7 the Air National Guard of the United States.

8 ‘‘(2) The Chief of the National Guard Bureau is an

9 adviser to the Secretary of Defense and the Chairman of

10 the Joint Chiefs of Staff on matters relating to the Army

11 National Guard of the United States and the Air National

12 Guard of the United States.

13 ‘‘(d) GRADE.—The Chief of the National Guard Bu14 reau shall be appointed to serve in a grade above major

15 general.

16 ‘‘§ 293. Chief, National Guard Bureau: functions; an17 nual report

18 ‘‘(a) FUNCTIONS.—Subject to the authority, direc19 tion, and control of the Secretary of Defense, the Sec20 retary of the Army, and the Secretary of the Air Force,

21 the Chief of the National Guard Bureau is responsible for

22 the following:

23 ‘‘(1) Allocating unit structure, strength author24 izations, and other resources to the Army National
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1 Guard of the United States and the Air National

2 Guard of the United States.

3 ‘‘(2) Determining and directing the training re4 quirements of the Army National Guard and the Air

5 National Guard and the allocation of Federal funds

6 for the training of the Army National Guard and the

7 Air National Guard.

8 ‘‘(3) Ensuring that units and members of the

9 Army National Guard and the Air National Guard

10 are trained by the States in accordance with ap11 proved programs and policies of, and guidance from,

12 the Chief, the Secretary of the Army, and the Sec13 retary of the Air Force.

14 ‘‘(4) Assisting the States in the organization,

15 maintenance, and operation of National Guard units

16 so as to provide well-trained and well-equipped units

17 capable of augmenting the active forces in time of

18 war or national emergency.

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

20 the Army National Guard of the United States and

21 the Air National Guard of the United States.

22 ‘‘(6) Supervising the acquisition, supply, main23 tenance, and accountability of Federal property is24 sued to the National Guard through the property
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1 and fiscal officers designated, detailed, or appointed

2 under section 708 of title 32.

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

4 with applicable laws and regulations, Federal rec5 ognition of (A) National Guard units, and (B) offi6 cers of the National Guard.

7 ‘‘(8) Establishing policies and programs for the

8 employment and use of National Guard technicians

9 under section 709 of title 32.

10 ‘‘(9) Supervising and administering the Active

11 Guard and Reserve program as it pertains to the

12 Army National Guard and the Air National Guard.

13 ‘‘(10) Prescribing the forfeiture of Federal

14 funds and other aid, benefit, or privilege pursuant to

15 section 108 of title 32.

16 ‘‘(11) Issuing directives, regulations, and publi17 cations consistent with approved policies of the

18 Army and Air Force, as appropriate.

19 ‘‘(12) Facilitating and supporting the training

20 of members and units of the National Guard to meet

21 State requirements.

22 ‘‘(13) Appointing and administering civilian

23 personnel necessary to perform the functions of the

24 National Guard Bureau.
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1 ‘‘(14) Performing such other functions as may

2 be prescribed by the Secretary of Defense, the Sec3 retary of the Army, or the Secretary of the Air

4 Force.

5 ‘‘(b) ANNUAL REPORT.—Not later than 90 days after

6 the end of each fiscal year, the Chief of the National

7 Guard Bureau shall submit to Congress a report on the

8 state of readiness of the National Guard and its ability

9 to meet its missions. The report may be submitted in clas10 sified and unclassified versions.

11 ‘‘§ 294. Vice Chief of the National Guard Bureau

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

13 National Guard Bureau, selected by the Secretary of De14 fense from officers of the Army National Guard of the

15 United States or the Air National Guard of the United

16 States who—

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

18 their respective Governors or, in the case of the Dis19 trict of Columbia, the commanding general of the

20 District of Columbia National Guard;

21 ‘‘(B) have had at least 10 years of federally rec22 ognized commissioned service in an active status in

23 the National Guard; and

24 ‘‘(C) are in a grade above the grade of colonel.
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1 ‘‘(2) The Chief and Vice Chief of the National Guard

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

3 Air Force.

4 ‘‘(3)(A) Except as provided in subparagraph (B), an

5 officer appointed as Vice Chief of the National Guard Bu6 reau serves for a term of four years, but may be removed

7 from office at any time for cause.

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

9 Guard Bureau shall end upon the appointment of a Chief

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

11 same armed force as the Vice Chief.

12 ‘‘(4) The Secretary of Defense may waive the restric13 tions in paragraph (2) and the provisions of paragraph

14 (3)(B) for a limited period of time to provide for the or15 derly transition of officers appointed to serve in the posi16 tions of Chief and Vice Chief.

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

18 Bureau performs such duties as may be prescribed by the

19 Chief of the National Guard Bureau.

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

21 Bureau shall be appointed to serve in a grade above briga22 dier general.

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

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

25 Bureau or in the absence or disability of the Chief, the
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1 Vice Chief of the National Guard Bureau acts as Chief

2 and performs the duties of the Chief until a successor is

3 appointed or the absence or disability ceases.

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

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

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

7 or disability of both the Chief and Vice Chief of the Na8 tional Guard Bureau, or when there is a vacancy in one

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

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

11 Guard of the United States or the Air National Guard

12 of the United States on duty with the National Guard Bu13 reau shall perform the duties of the Chief until a successor

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

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

16 may be.

17 ‘‘§ 295. Other senior National Guard Bureau officers

18 ‘‘(a) ADDITIONAL GENERAL OFFICERS.—(1) In addi19 tion to the Chief and Vice Chief of the National Guard

20 Bureau, there shall be assigned to the National Guard Bu21 reau—

22 ‘‘(A) two general officers selected by the Sec23 retary of the Army from officers of the Army Na24 tional Guard of the United States who have been

25 nominated by their respective Governors or, in the
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1 case of the District of Columbia, the commanding

2 general of the District of Columbia National Guard,

3 the senior of whom while so serving shall hold the

4 grade of major general; and

5 ‘‘(B) two general officers selected by the Sec6 retary of the Air Force from officers of the Air Na7 tional Guard of the United States who have been

8 nominated by their respective Governors or, in the

9 case of the District of Columbia, the commanding

10 general of the District of Columbia National Guard,

11 the senior of whom while so serving shall hold the

12 grade of major general.

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

14 the National Guard Bureau in carrying out the functions

15 of the National Guard Bureau as they relate to their re16 spective branches.

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

18 Guard Bureau a general counsel, a comptroller, and an

19 inspector general, each of whom shall be appointed by the

20 Chief of the National Guard Bureau. They shall perform

21 such duties as the Chief may prescribe.

22 ‘‘§ 296. Assignment of officers: joint duty assignment

23 ‘‘Under such regulations as the Secretary of Defense

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

25 Chief of the National Guard Bureau shall be considered
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1 a joint duty assignment for the purposes of section 668,

2 of this title.’’.

3 ‘‘§ 297. Definition

4 ‘‘In this chapter, the term ‘State’ includes the Dis5 trict of Columbia, the Commonwealth of Puerto Rico, and

6 Guam and the Virgin Islands.’’.

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

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

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

10 after the item relating to chapter 11 the following:

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

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

12 10, United States Code, is repealed.

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

14 305 of such title is amended by striking out the item relat15 ing to section 3040.

16 (c) OTHER CONFORMING AMENDMENTS.—(1) Sec17 tions 3079 and 8079 of such title are each amended by

18 inserting before the period at the end the following: ‘‘,

19 under the guidance and supervision of the National Guard

20 Bureau’’.

21 (2) The text of section 108 of title 32, United States

22 Code, is amended to read 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 shall be barred in whole or in part, as the President

2 may prescribe, from receiving money or other aid, benefits,

3 or privileges authorized by law. The President shall ad4 minister this section through the Chief of the National

5 Guard Bureau.’’.

6 SEC. 3. RESERVE COMPONENT GENERAL AND FLAG OFFI7 CERS ON ACTIVE DUTY.

8 (a) AUTHORIZED STRENGTH OF GENERAL AND FLAG

9 OFFICERS ON ACTIVE DUTY.—Section 526 of title 10,

10 United States Code, is amended by adding at the end the

11 following new subsection:

12 ‘‘(d) Reserve component general and flag officers

13 serving in the National Guard Bureau, the Office of a

14 Chief of a reserve component, or the headquarters of a

15 reserve component command are in addition to the num16 bers authorized for the armed forces under subsections (a)

17 and (b) in numbers 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.

Two positions to be filled by a Guard or Reserve officer: Military Executive to the

Reserve Forces Policy Board and Assistant to the Chairman of the Joint Chiefs

of Staff ..................................................... 2 general or flag

officers.
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1 ‘‘(e) The limitation of this section does not apply to

2 a reserve general or flag officer who is not on the active

3 list.’’.

4 (b) CONFORMING AMENDMENT.—Paragraphs (1)

5 through (4) of section 526(a) of such title are amended

6 to read as follows:

7 ‘‘(1) For the Army, 378 before October 1,

8 1995, and 294 on and after that date.

9 ‘‘(2) For the Navy, 247 before October 1, 1995,

10 and 213 on and after that date.

11 ‘‘(3) For the Air Force, 319 before October 1,

12 1995, and 272 on and after that date.

13 ‘‘(4) For the Marine Corps, 67 before October

14 1, 1995, and 60 on and after that date.’’.

15 SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE

16 DUTY.

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

18 amended by adding at the end thereof the following:

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

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

21 duty performed by a member of a reserve component

22 or of the National Guard pursuant to an order to

23 active duty or full-time National Guard duty for a

24 period of more than 180 consecutive days for the

25 purpose of organizing, administering, recruiting, in-
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1 structing, or training the reserve components or the

2 National Guard.

3 ‘‘(B) Such term does not include—

4 ‘‘(i) duty performed as a member of the

5 Reserve Forces Policy Board provided for under

6 section 175 of this title;

7 ‘‘(ii) duty performed as a property and fis8 cal officer under section 708 of title 32; or

9 ‘‘(iii) service as a State director of the Se10 lective Service System under section 10(b)(2) of

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

12 App. 460(b)(2)).’’.

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