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
of the Army, Navy, Air Force, or Marine Corps 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, instructing,
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