II 

115TH CONGRESS 

2D SESSION S. 2801 

To amend title 10, United States Code, to clarify the effective date of 

the promotion of commissioned officers of the Army National Guard 

and Air National Guard, to improve processes for Federal recognition 

of the promotions of such officers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2018 

Ms. WARREN (for herself, Mr. DAINES, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To amend title 10, United States Code, to clarify the effective date of the promotion of commissioned officers of 

the Army National Guard and Air National Guard, to 

improve processes for Federal recognition of the promotions of such officers, 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 Pro5 motion Accountability Act’’. 


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1 SEC. 2. DATE OF RANK OF COMMISSIONED NATIONAL 

2 GUARD OFFICERS PROMOTED TO A HIGHER 

3 GRADE. 

4 (a) IN GENERAL.—Section 14308(f) of title 10, 

5 United States Code, is amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘The effective 

7 date’’; 

8 (2) in paragraph (1), as designated by para9 graph (1) of this subsection, by striking ‘‘on which 

10 such Federal recognition in that grade is so ex11 tended’’ and inserting ‘‘of the approval of the pro12 motion of the officer to that grade by the State con13 cerned’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2)(A) Notwithstanding subsection (c)(1), the date 

17 of rank in a higher grade of an officer whose effective date 

18 of promotion to such grade is governed by paragraph (1) 

19 shall be such effective date of promotion. 

20 ‘‘(B) The specification of the date of rank of an offi21 cer in a grade pursuant to subparagraph (A) shall be 

22 deemed an adjustment of the date of rank of the officer 

23 to that grade in the manner of section 741(d)(4) of this 

24 title, pursuant to subsection (c)(2), to which section 

25 741(d)(4)(C) of this title shall apply, notwithstanding sub26 section (c)(3).’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act, and shall apply with respect to National 

4 Guard officers whose promotion to a grade is approved 

5 by a State after that date. 

6 SEC. 3. NOTICE TO CONGRESS ON DELAY IN PUBLICATION 

7 OF SCROLLS INDICATING PROMOTION OF 

8 COMMISSIONED NATIONAL GUARD OFFI9 CERS. 

10 (a) NOTICE REQUIRED.—If at the end of the 200- 

11 day period beginning on the receipt by the Department 

12 of the Army or the Department of the Air Force of a scroll 

13 indicating the promotion of commissioned officers in the 

14 Army National Guard or Air National Guard, as applica15 ble, the scroll has not been published by the military de16 partment concerned, the Secretary of the Army or the Sec17 retary of the Air Force, as the case may be, shall imme18 diately notify the congressional defense committees, in 

19 writing, of the following: 

20 (1) The date on which the scroll was so re21 ceived. 

22 (2) A description of the processing of the scroll 

23 by the military department concerned as of the date 

24 of the report, including a statement of the length of 


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1 time in processing at each stage in the process 

2 through that date. 

3 (3) The reason why the scroll was not published 

4 within 200 days of receipt, and the intended remedi5 ation for the delay in publication. 

6 (b) DEFINITIONS.—In this section: 

7 (1) The term ‘‘congressional defense commit8 tees’’ has the meaning given such term in section 

9 101(a)(16) of title 10, United States Code. 

10 (2) The term ‘‘scroll’’ has the meaning given 

11 that term in Department of Defense Instruction 

12 1310.02, and any successor instruction or document. 

13 SEC. 4. REPORTS ON PROCESSES FOR FEDERAL RECOGNI14 TION OF PROMOTION OF COMMISSIONED NA15 TIONAL GUARD OFFICERS. 

16 (a) REVIEW.—The Secretary of the Army and the 

17 Secretary of the Air Force shall each undertake a com18 prehensive review of the policies and procedures of the De19 partment of the Army and the Department of the Air 

20 Force, as applicable, for the Federal recognition pro21 motions of commissioned officers of the Army National 

22 Guard and the Air National Guard, as the case may be. 

23 (b) REPORTS REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the Secretary 

25 of the Army and the Secretary of the Air Force shall each 


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1 submit to the congressional defense committees a report, 

2 in writing, setting forth the results of the review required 

3 by subsection (a). Each report shall include the following: 

4 (1) A description of the average time between 

5 receipt by the military department concerned of 

6 scrolls indicating the promotion of commissioned of7 ficers in the National Guard and their publication 

8 during the five-year period ending on the date of the 

9 enactment of this Act. 

10 (2) A description and assessment of various ap11 proaches for streamlining the process by which the 

12 military department concerned approves Federal rec13 ognition scrolls, including through— 

14 (A) additional automation; 

15 (B) reduction in required steps; or 

16 (C) delegation of authority to conduct re17 quired reviews. 

18 (3) If the Secretary concerned considers any 

19 approach under paragraph (2) feasible and advis20 able, such recommendations for legislative or admin21 istration action as such Secretary considers appro22 priate to implement such approach. 

23 (c) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘congressional defense commit2 tees’’ has the meaning given such term in section 

3 101(a)(16) of title 10, United States Code. 

4 (2) The term ‘‘scroll’’ has the meaning given 

5 that term in Department of Defense Instruction 

6 1310.02, and any successor instruction or document. 

Æ 


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