I
103D CONGRESS
1ST SESSION
H. R. 3180
To amend title 10, United States Code, to provide a charter for the National
Guard Bureau, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1993
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, 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
Amendments of 1993’’.
SEC. 2. REVISION OF NATIONAL GUARD BUREAU CHARTER.
(a) IN GENERAL.—(1) Subtitle A of title 10, United
States Code, is amended by inserting after chapter 11 the
following new chapter:
‘‘CHAPTER 12—NATIONAL GUARD BUREAU
‘‘291. National Guard Bureau.
‘‘292. Chief of the National Guard Bureau: appointment; principal adviser on
National Guard matters; grade.
‘‘293. Chief of the National Guard Bureau: functions; annual report.
‘‘294. Vice Chief of the National Guard Bureau.
‘‘295. Other senior National Guard Bureau officers.
‘‘296. Assignment of officers: joint duty assignment.
‘‘297. Definition.
‘‘§ 291. National Guard Bureau
‘‘(a) NATIONAL GUARD BUREAU.—There is in the
Department of Defense the National Guard Bureau, which
is a joint bureau of the Department of the Army and the
Department of the Air Force.
‘‘(b) PURPOSES.—The National Guard Bureau is the
supervisory and operating agency of the Department of
Defense for the Army National Guard of the United
States and the Air National Guard of the United States.
The Bureau is also the channel of communications be-
tween (1) the Department of the Army, Department of
the Air Force, and other components of the Department
of Defense, and (2) the several States, on all matters per-
taining to the National Guard, the Army National Guard
of the United States, and the Air National Guard of the
United States.
‘‘§ 292. Chief of the National Guard Bureau: appoint-
ment; adviser on National Guard matters;
grade
‘‘(a) APPOINTMENT.—There is a Chief of the Na-
tional Guard Bureau, who is responsible for the organiza-
tion and operations of the National Guard Bureau. The
Chief of the National Guard Bureau is appointed by the
President, by and with the advice and consent of the Sen-
ate. Such appointment shall be made from officers of the
Army National Guard of the United States or officers of
the Air National Guard of the United States who—
‘‘(1) 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;
‘‘(2) have had at least 10 years of federally rec-
ognized commissioned service in an active status in
the National Guard; and
‘‘(3) are in a grade above the grade of brigadier
general.
‘‘(b) TERM OF OFFICE.—An officer appointed as
Chief of the National Guard Bureau serves for a term of
four years, but may be removed for cause at any time.
An officer may not hold that office after becoming 64
years of age. An officer may be reappointed as Chief of
the National Guard Bureau.
‘‘(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 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 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; an-
nual report
‘‘(a) FUNCTIONS.—Subject to the authority, direc-
tion, and control of the Secretary of Defense, the Sec-
retary 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) Determining and directing the training re-
quirements of 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) Assisting the States in the organization,
maintenance, and operation of National 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, supply, main-
tenance, and accountability of Federal property is-
sued to the National Guard through the property
and fiscal officers designated, detailed, or appointed
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
Army National Guard and the Air National Guard.
‘‘(10) Prescribing the forfeiture of Federal
funds and other aid, benefit, or privilege pursuant to
section 108 of title 32.
‘‘(11) Issuing directives, regulations, and publi-
cations consistent with approved policies of the
Army and Air Force, as appropriate.
‘‘(12) Facilitating and supporting the training
of members and units of the National Guard to meet
State requirements.
‘‘(13) Appointing and administering civilian
personnel necessary to perform the functions of the
National Guard Bureau.
‘‘(14) 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.
‘‘(b) ANNUAL REPORT.—Not later than 90 days after
the end of each fiscal year, the Chief of the National
Guard Bureau shall submit to Congress a report on the
state of readiness of the National Guard and its ability
to meet its missions. The report may be submitted in clas-
sified and unclassified versions.
‘‘§ 294. 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.
‘‘(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.
‘‘§ 295. 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
‘‘(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.
‘‘(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 general counsel, a comptroller, and an
inspector 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.
‘‘§ 296. 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
a joint duty assignment for the purposes of section 668,
of this title.’’.
‘‘§ 297. 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) OTHER CONFORMING AMENDMENTS.—(1) Sec-
tions 3079 and 8079 of such title are each amended by
inserting before the period at the end the following: ‘‘,
under the guidance and supervision of the National Guard
Bureau’’.
(2) 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 shall be barred in whole or in part, as the President
may prescribe, from receiving money or other aid, benefits,
or privileges authorized by law. The President shall ad-
minister this section through the Chief of the National
Guard Bureau.’’.
SEC. 3. RESERVE COMPONENT GENERAL AND FLAG OFFI-
CERS ON ACTIVE DUTY.
(a) AUTHORIZED STRENGTH OF GENERAL AND FLAG
OFFICERS ON ACTIVE DUTY.—Section 526 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(d) Reserve component general and flag officers
serving in the National Guard Bureau, the Office of a
Chief of a reserve component, or the headquarters of a
reserve component command are in addition to the num-
bers authorized for the armed forces under subsections (a)
and (b) in numbers 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.
Two positions to be filled by a Guard or Re-
serve officer: Military Executive to the
Reserve Forces Policy Board and Assist-
ant to the Chairman of the Joint Chiefs
of Staff .....................................................
2 general or flag
officers.
‘‘(e) The limitation of this section does not apply to
a reserve general or flag officer who is not on the active
list.’’.
(b) CONFORMING
AMENDMENT.—Paragraphs (1)
through (4) of section 526(a) of such title are amended
to read as follows:
‘‘(1) For the Army, 378 before October 1,
1995, and 294 on and after that date.
‘‘(2) For the Navy, 247 before October 1, 1995,
and 213 on and after that date.
‘‘(3) For the Air Force, 319 before October 1,
1995, and 272 on and after that date.
‘‘(4) For the Marine Corps, 67 before October
1, 1995, and 60 on and after that date.’’.
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—
‘‘(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; or
‘‘(iii) 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)).’’.
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