I 
115TH CONGRESS 
2D SESSION 
H. R. 5713 
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 HOUSE OF REPRESENTATIVES 
MAY 8, 2018 
Ms. SHEA-PORTER (for herself and Mr. KELLY of Mississippi) introduced the 
following bill; which was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to clarify the effec-
tive date of the promotion of commissioned officers of 
the Army National Guard and Air National Guard, to 
improve processes for Federal recognition of the pro-
motions of such officers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard Pro-
motion Accountability Act’’. 
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SEC. 2. DATE OF RANK OF COMMISSIONED NATIONAL 
GUARD OFFICERS PROMOTED TO A HIGHER 
GRADE. 
(a) IN GENERAL.—Section 14308(f) of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The effective 
date’’; 
(2) in paragraph (1), as designated by para-
graph (1) of this subsection, by striking ‘‘on which 
such Federal recognition in that grade is so ex-
tended’’ and inserting ‘‘of the approval of the pro-
motion of the officer to that grade by the State con-
cerned’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Notwithstanding subsection (c)(1), the date 
of rank in a higher grade of an officer whose effective date 
of promotion to such grade is governed by paragraph (1) 
shall be such effective date of promotion. 
‘‘(B) The specification of the date of rank of an offi-
cer in a grade pursuant to subparagraph (A) shall be 
deemed an adjustment of the date of rank of the officer 
to that grade in the manner of section 741(d)(4) of this 
title, pursuant to subsection (c)(2), to which section 
741(d)(4)(C) of this title shall apply, notwithstanding sub-
section (c)(3).’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to National 
Guard officers whose promotion to a grade is approved 
by a State after that date. 
SEC. 3. NOTICE TO CONGRESS ON DELAY IN PUBLICATION 
OF SCROLLS INDICATING PROMOTION OF 
COMMISSIONED 
NATIONAL 
GUARD 
OFFI-
CERS. 
(a) NOTICE REQUIRED.—If at the end of the 200- 
day period beginning on the receipt by the Department 
of the Army or the Department of the Air Force of a scroll 
indicating the promotion of commissioned officers in the 
Army National Guard or Air National Guard, as applica-
ble, the scroll has not been published by the military de-
partment concerned, the Secretary of the Army or the Sec-
retary of the Air Force, as the case may be, shall imme-
diately notify the congressional defense committees, in 
writing, of the following: 
(1) The date on which the scroll was so re-
ceived. 
(2) A description of the processing of the scroll 
by the military department concerned as of the date 
of the report, including a statement of the length of 
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time in processing at each stage in the process 
through that date. 
(3) The reason why the scroll was not published 
within 200 days of receipt, and the intended remedi-
ation for the delay in publication. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional defense commit-
tees’’ has the meaning given such term in section 
101(a)(16) of title 10, United States Code. 
(2) The term ‘‘scroll’’ has the meaning given 
that term in Department of Defense Instruction 
1310.02, and any successor instruction or document. 
Æ 
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