I

103D CONGRESS

2D SESSION H. R. 4149

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

MARCH 24, 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 supervisory and operating agency within the Department

13 of Defense for the Army National Guard of the United

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

15 The Bureau is also the channel of communications on all

16 matters pertaining to the National Guard, the Army Na17 tional Guard of the United States, and the Air National

18 Guard of the United States between (1) the Department

19 of the Army, Department of the Air Force, and other com20 ponents of the Department of Defense, and (2) the several

21 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.—(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 National Guard, the Army National Guard of

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

8 United States.

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

10 adviser to the Secretary of Defense and the Chairman of

11 the Joint Chiefs of Staff on matters relating to the Na12 tional Guard, the Army National Guard of the United

13 States, and the Air National Guard of the United States.

14 ‘‘(d) GRADE.—The Chief of the National Guard Bu15 reau shall be appointed to serve in a grade above major

16 general.

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

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

19 the Secretary of Defense, the Secretary of the Army, and

20 the Secretary of the Air Force, the Chief of the National

21 Guard Bureau is responsible for the following:

22 ‘‘(1) Allocating unit structure, strength author23 izations, and other resources to the Army National

24 Guard of the United States and the Air National

25 Guard of the United States.
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1 ‘‘(2) Prescribing the training discipline and

2 training requirements for the Army National Guard

3 and the Air National Guard and the allocation of

4 Federal funds for the training of the Army National

5 Guard and the Air National Guard.

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

7 Army National Guard and the Air National Guard

8 are trained by the States in accordance with ap9 proved programs and policies of, and guidance from,

10 the Chief, the Secretary of the Army, and the Sec11 retary of the Air Force.

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

13 organization, maintenance, and operation of Na14 tional Guard units so as to provide well-trained and

15 well-equipped units capable of augmenting the active

16 forces in time of war or national emergency.

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

18 the Army National Guard of the United States and

19 the Air National Guard of the United States.

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

21 and accountability of the States for, Federal prop22 erty issued to the National Guard through the prop23 erty and fiscal officers designated, detailed, or ap24 pointed under section 708 of title 32.
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1 ‘‘(7) Granting and withdrawing, in accordance

2 with applicable laws and regulations, Federal rec3 ognition of (A) National Guard units, and (B) offi4 cers of the National Guard.

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

6 employment and use of National Guard technicians

7 under section 709 of title 32.

8 ‘‘(9) Supervising and administering the Active

9 Guard and Reserve program as it pertains to the

10 National Guard.

11 ‘‘(10) Issuing directives, regulations, and publi12 cations consistent with approved policies of the

13 Army and Air Force, as appropriate.

14 ‘‘(11) Facilitating and supporting the training

15 of members and units of the National Guard to meet

16 State requirements.

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

18 be prescribed by the Secretary of Defense, the Sec19 retary of the Army, or the Secretary of the Air

20 Force.

21 ‘‘§ 294. Chief of National Guard Bureau: annual re22 port

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

24 Guard Bureau shall submit to the Secretary of Defense

25 an annual report on the state of readiness of the National
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1 Guard and the ability of the National Guard to meet its

2 missions. The report shall be prepared in conjunction with

3 the Secretary of the Army and the Secretary of the Air

4 Force and may be submitted in classified and unclassified

5 versions.

6 ‘‘(b) SUBMISSION OF REPORT TO CONGRESS.—The

7 Secretary of Defense shall transmit the annual report of

8 the Chief of the National Guard Bureau to Congress, to9 gether with such comments on the report as the Secretary

10 considers appropriate. The report shall be transmitted at

11 the same time each year that the annual report of the Sec12 retary under section 113(c) of this title is submitted to

13 Congress.

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

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

16 National Guard Bureau, selected by the Secretary of De17 fense from officers of the Army National Guard of the

18 United States or the Air National Guard of the United

19 States who—

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

21 their respective Governors or, in the case of the Dis22 trict of Columbia, the commanding general of the

23 District of Columbia National Guard;
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1 ‘‘(B) have had at least 10 years of federally rec2 ognized commissioned service in an active status in

3 the National Guard; and

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

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

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

7 Air Force.

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

9 officer appointed as Vice Chief of the National Guard Bu10 reau serves for a term of four years, but may be removed

11 from office at any time for cause.

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

13 Guard Bureau shall end upon the appointment of a Chief

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

15 same armed force as the Vice Chief.

16 ‘‘(4) The Secretary of Defense may waive the restric17 tions in paragraph (2) and the provisions of paragraph

18 (3)(B) for a limited period of time to provide for the or19 derly transition of officers appointed to serve in the posi20 tions of Chief and Vice Chief of the National Guard

21 Bureau.

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

23 Bureau performs such duties as may be prescribed by the

24 Chief of the National Guard Bureau.
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1 ‘‘(c) GRADE.—The Vice Chief of the National Guard

2 Bureau shall be appointed to serve in a grade above briga3 dier general.

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

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

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

7 Vice Chief of the National Guard Bureau acts as Chief

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

9 appointed or the absence or disability ceases.

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

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

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

13 or disability of both the Chief and Vice Chief of the Na14 tional Guard Bureau, or when there is a vacancy in one

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

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

17 Guard of the United States or the Air National Guard

18 of the United States on duty with the National Guard Bu19 reau shall perform the duties of the Chief until a successor

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

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

22 may be.

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

24 ‘‘(a) ADDITIONAL GENERAL OFFICERS.—(1) In addi25 tion to the Chief and Vice Chief of the National Guard
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1 Bureau, there shall be assigned to the National Guard Bu2 reau—

3 ‘‘(A) two general officers selected by the Sec4 retary of the Army from officers of the Army Na5 tional Guard of the United States who have been

6 nominated by their respective Governors or, in the

7 case of the District of Columbia, the commanding

8 general of the District of Columbia National Guard,

9 the senior of whom while so serving shall hold the

10 grade of major general and serve as Director, Army

11 National Guard, with the other serving as Deputy

12 Director, Army National Guard; and

13 ‘‘(B) two general officers selected by the Sec14 retary of the Air Force from officers of the Air Na15 tional Guard of the United States who have been

16 nominated by their respective Governors or, in the

17 case of the District of Columbia, the commanding

18 general of the District of Columbia National Guard,

19 the senior of whom while so serving shall hold the

20 grade of major general and serve as Director, Air

21 National Guard, with the other serving as Deputy

22 Director, Air National Guard.

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

24 the National Guard Bureau in carrying out the functions
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1 of the National Guard Bureau as they relate to their re2 spective branches.

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

4 Guard Bureau a legal counsel, a comptroller, and an in5 spector general, each of whom shall be appointed by the

6 Chief of the National Guard Bureau. They shall perform

7 such duties as the Chief may prescribe.

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

9 ‘‘Under such regulations as the Secretary of Defense

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

11 Chief of the National Guard Bureau shall be considered

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

13 668 of this title.

14 ‘‘§ 298. Definition

15 ‘‘In this chapter, the term ‘State’ includes the Dis16 trict of Columbia, the Commonwealth of Puerto Rico, and

17 Guam and the Virgin Islands.’’.

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

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

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

21 after the item relating to chapter 11 the following:

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

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

23 10, United States Code, is repealed.
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1 (2) The table of sections at the beginning of chapter

2 305 of such title is amended by striking out the item relat3 ing to section 3040.

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

5 108 of title 32, United States Code, is amended to read

6 as follows:

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

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

9 prescribed under this title, the National Guard of that

10 State is barred, in whole or in part, as the President may

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

12 or privilege authorized by law.’’.

13 SEC. 3. RESERVE GENERAL AND FLAG OFFICERS ON AC14 TIVE DUTY.

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

16 amended by adding at the end the following:

17 ‘‘(d)(1) Within the numbers authorized under sub18 sections (a) and (b), there shall be Reserve general and

19 flag officers serving in the National Guard Bureau, the

20 Office of a Chief of a reserve component, or the head21 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.
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1 ‘‘(2) Within the numbers authorized under sub2 sections (a) and (b), there shall be a Reserve general or

3 flag officer who is assigned as the Military Executive to

4 the Reserve Forces Policy Board and a Reserve general

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

6 Chairman of the Joint Chiefs of Staff.

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

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

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

10 specifying a period of less than 180 days.’’.

11 SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE

12 DUTY.

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

14 amended by adding at the end thereof the following:

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

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

17 duty performed by a member of a reserve component

18 or of the National Guard pursuant to an order to

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

20 period of more than 180 consecutive days for the

21 purpose of organizing, administering, recruiting, in22 structing, or training the reserve components or the

23 National Guard.

24 ‘‘(B) Such term does not include the following:
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1 ‘‘(i) Duty performed as a member of the

2 Reserve Forces Policy Board provided for under

3 section 175 of this title.

4 ‘‘(ii) Duty performed as a property and fis5 cal officer under section 708 of title 32.

6 ‘‘(iii) Duty performed in connection with

7 drug interdiction and counter-drug activities

8 under section 112 of title 32.

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

10 officer.

11 ‘‘(v) Service as a State director of the Se12 lective Service System under section 10(b)(2) of

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

14 App. 460(b)(2)).’’.

15 SEC. 5. EFFECTIVE DATE.

16 The amendments made by this Act shall take effect

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

18 the enactment of this Act.

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