‘‘(c) ADVISER ON NATIONAL GUARD MATTERS.—(1)
The Chief of the National Guard Bureau is the principal
adviser to the Secretary of the Army and the Chief of
Staff of the Army, and to the Secretary of the Air Force
and the Chief of Staff of the Air Force, on matters relat-
ing to the National Guard, the Army National Guard of
the United States, and the Air National Guard of the
United States.
‘‘(2) The Chief of the National Guard Bureau is an
adviser to the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff on matters relating to the Na-
tional Guard, the Army National Guard of the United
States, and the Air National Guard of the United States.
‘‘(d) GRADE.—The Chief of the National Guard Bu-
reau shall be appointed to serve in a grade above major
general.
‘‘§ 293. Chief, National Guard Bureau: functions
‘‘Subject to the authority, direction, and control of
the Secretary of Defense, the Secretary of the Army, and
the Secretary of the Air Force, the Chief of the National
Guard Bureau is responsible for the following:
‘‘(1) Allocating unit structure, strength author-
izations, and other resources to the Army National
Guard of the United States and the Air National
Guard of the United States.
‘‘(2) Prescribing the training discipline and
training requirements for the Army National Guard
and the Air National Guard and the allocation of
Federal funds for the training of the Army National
Guard and the Air National Guard.
‘‘(3) Ensuring that units and members of the
Army National Guard and the Air National Guard
are trained by the States in accordance with ap-
proved programs and policies of, and guidance from,
the Chief, the Secretary of the Army, and the Sec-
retary of the Air Force.
‘‘(4) Monitoring and assisting the States in the
organization, maintenance, and operation of Na-
tional Guard units so as to provide well-trained and
well-equipped units capable of augmenting the active
forces in time of war or national emergency.
‘‘(5) Planning and administering the budget for
the Army National Guard of the United States and
the Air National Guard of the United States.
‘‘(6) Supervising the acquisition and supply of,
and accountability of the States for, Federal prop-
erty issued to the National Guard through the prop-
erty and fiscal officers designated, detailed, or ap-
pointed under section 708 of title 32.
‘‘(7) Granting and withdrawing, in accordance
with applicable laws and regulations, Federal rec-
ognition of (A) National Guard units, and (B) offi-
cers of the National Guard.
‘‘(8) Establishing policies and programs for the
employment and use of National Guard technicians
under section 709 of title 32.
‘‘(9) Supervising and administering the Active
Guard and Reserve program as it pertains to the
National Guard.
‘‘(10) Issuing directives, regulations, and publi-
cations consistent with approved policies of the
Army and Air Force, as appropriate.
‘‘(11) Facilitating and supporting the training
of members and units of the National Guard to meet
State requirements.
‘‘(12) Performing such other functions as may
be prescribed by the Secretary of Defense, the Sec-
retary of the Army, or the Secretary of the Air
Force.
‘‘§ 294. Chief of National Guard Bureau: annual re-
port
‘‘(a) ANNUAL REPORT.—The Chief of the National
Guard Bureau shall submit to the Secretary of Defense
an annual report on the state of readiness of the National
Guard and the ability of the National Guard to meet its
missions. The report shall be prepared in conjunction with
the Secretary of the Army and the Secretary of the Air
Force and may be submitted in classified and unclassified
versions.
‘‘(b) SUBMISSION OF REPORT TO CONGRESS.—The
Secretary of Defense shall transmit the annual report of
the Chief of the National Guard Bureau to Congress, to-
gether with such comments on the report as the Secretary
considers appropriate. The report shall be transmitted at
the same time each year that the annual report of the Sec-
retary under section 113(c) of this title is submitted to
Congress.
‘‘§ 295. Vice Chief of the National Guard Bureau
‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the
National Guard Bureau, selected by the Secretary of De-
fense from officers of the Army National Guard of the
United States or the Air National Guard of the United
States who—
‘‘(A) are recommended for such appointment by
their respective Governors or, in the case of the Dis-
trict of Columbia, the commanding general of the
District of Columbia National Guard;
‘‘(B) have had at least 10 years of federally rec-
ognized commissioned service in an active status in
the National Guard; and
‘‘(C) are in a grade above the grade of colonel.
‘‘(2) The Chief and Vice Chief of the National Guard
Bureau may not both be members of the Army or of the
Air Force.
‘‘(3)(A) Except as provided in subparagraph (B), an
officer appointed as Vice Chief of the National Guard Bu-
reau serves for a term of four years, but may be removed
from office at any time for cause.
‘‘(B) The term of the Vice Chief of the National
Guard Bureau shall end upon the appointment of a Chief
of the National Guard Bureau who is a member of the
same armed force as the Vice Chief.
‘‘(4) The Secretary of Defense may waive the restric-
tions in paragraph (2) and the provisions of paragraph
(3)(B) for a limited period of time to provide for the or-
derly transition of officers appointed to serve in the posi-
tions of Chief and Vice Chief of the National Guard
Bureau.
‘‘(b) DUTIES.—The Vice Chief of the National Guard
Bureau performs such duties as may be prescribed by the
Chief of the National Guard Bureau.
‘‘(c) GRADE.—The Vice Chief of the National Guard
Bureau shall be appointed to serve in a grade above briga-
dier general.
‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is
a vacancy in the office of the Chief of the National Guard
Bureau or in the absence or disability of the Chief, the
Vice Chief of the National Guard Bureau acts as Chief
and performs the duties of the Chief until a successor is
appointed or the absence or disability ceases.
‘‘(e) SUCCESSION AFTER CHIEF AND VICE CHIEF.—
When there is a vacancy in the offices of both Chief and
Vice Chief of the National Guard Bureau or in the absence
or disability of both the Chief and Vice Chief of the Na-
tional Guard Bureau, or when there is a vacancy in one
such office and in the absence or disability of the officer
holding the other, the senior officer of the Army National
Guard of the United States or the Air National Guard
of the United States on duty with the National Guard Bu-
reau shall perform the duties of the Chief until a successor
to the Chief or Vice Chief is appointed or the absence or
disability of the Chief or Vice Chief ceases, as the case
may be.
‘‘§ 296. Other senior National Guard Bureau officers
‘‘(a) ADDITIONAL GENERAL OFFICERS.—(1) In addi-
tion to the Chief and Vice Chief of the National Guard
Bureau, there shall be assigned to the National Guard Bu-
reau—
‘‘(A) two general officers selected by the Sec-
retary of the Army from officers of the Army Na-
tional Guard of the United States who have been
nominated by their respective Governors or, in the
case of the District of Columbia, the commanding
general of the District of Columbia National Guard,
the senior of whom while so serving shall hold the
grade of major general and serve as Director, Army
National Guard, with the other serving as Deputy
Director, Army National Guard; and
‘‘(B) two general officers selected by the Sec-
retary of the Air Force from officers of the Air Na-
tional Guard of the United States who have been
nominated by their respective Governors or, in the
case of the District of Columbia, the commanding
general of the District of Columbia National Guard,
the senior of whom while so serving shall hold the
grade of major general and serve as Director, Air
National Guard, with the other serving as Deputy
Director, Air National Guard.
‘‘(2) The officers so selected shall assist the Chief of
the National Guard Bureau in carrying out the functions
of the National Guard Bureau as they relate to their re-
spective branches.
‘‘(b) OTHER OFFICERS.—There are in the National
Guard Bureau a legal counsel, a comptroller, and an in-
spector general, each of whom shall be appointed by the
Chief of the National Guard Bureau. They shall perform
such duties as the Chief may prescribe.
‘‘§ 297. Assignment of officers: joint duty assignment
‘‘Under such regulations as the Secretary of Defense
may prescribe, a duty assignment to the Office of the
Chief of the National Guard Bureau shall be considered
to be a joint duty assignment for the purposes of section
668 of this title.
‘‘§ 298. Definition
‘‘In this chapter, the term ‘State’ includes the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, and
Guam and the Virgin Islands.’’.
(2) The table of chapters at the beginning of subtitle
A of title 10, United States Code, and at the beginning
of part I of such subtitle, are each amended by inserting
after the item relating to chapter 11 the following:
‘‘12.
National Guard Bureau .............................................................
291’’.
(b) CONFORMING REPEAL.—(1) Section 3040 of title
10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
305 of such title is amended by striking out the item relat-
ing to section 3040.
(c) CONFORMING AMENDMENT.—The text of section
108 of title 32, United States Code, is amended to read
as follows:
‘‘If, within a time fixed by the President, a State fails
to comply with a requirement of this title, or a regulation
prescribed under this title, the National Guard of that
State is barred, in whole or in part, as the President may
prescribe, from receiving money or any other aid, benefit,
or privilege authorized by law.’’.
SEC. 3. RESERVE GENERAL AND FLAG OFFICERS ON AC-
TIVE DUTY.
Section 526 of title 10, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) Within the numbers authorized under sub-
sections (a) and (b), there shall be Reserve general and
flag officers serving in the National Guard Bureau, the
Office of a Chief of a reserve component, or the head-
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.
‘‘(2) Within the numbers authorized under sub-
sections (a) and (b), there shall be a Reserve general or
flag officer who is assigned as the Military Executive to
the Reserve Forces Policy Board and a Reserve general
or flag officer who is assigned as an Assistant to the
Chairman of the Joint Chiefs of Staff.
‘‘(e) The limitation of this section does not apply to
a reserve general or flag officer who is on active duty for
training or who is on active duty under a call or order
specifying a period of less than 180 days.’’.
SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE
DUTY.
Section 101(d) of title 10, United States Code, is
amended by adding at the end thereof the following:
‘‘(7)(A) The term ‘active Guard and Reserve
duty’ means active duty or full-time National Guard
duty performed by a member of a reserve component
or of the National Guard pursuant to an order to
active duty or full-time National Guard duty for a
period of more than 180 consecutive days for the
purpose of organizing, administering, recruiting, in-
structing, or training the reserve components or the
National Guard.
‘‘(B) Such term does not include the following:
‘‘(i) Duty performed as a member of the
Reserve Forces Policy Board provided for under
section 175 of this title.
‘‘(ii) Duty performed as a property and fis-
cal officer under section 708 of title 32.
‘‘(iii) Duty performed in connection with
drug interdiction and counter-drug activities
under section 112 of title 32.
‘‘(iv) Duty performed as a general or flag
officer.
‘‘(v) Service as a State director of the Se-
lective Service System under section 10(b)(2) of
the Military Selective Service Act (50 U.S.C.
App. 460(b)(2)).’’.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect
at the end of the 90-day period beginning on the date of
the enactment of this Act.
Æ