[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3180 Introduced in House (IH)]

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 Representatives 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.
``Sec. 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 between (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 pertaining to the National Guard, the Army National Guard 
of the United States, and the Air National Guard of the United States.
``Sec. 292. Chief of the National Guard Bureau: appointment; adviser on 
              National Guard matters; grade
    ``(a) Appointment.--There is a Chief of the National Guard Bureau, 
who is responsible for the organization 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 Senate. 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 District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(2) have had at least 10 years of federally recognized 
        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 relating 
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 Bureau shall be 
appointed to serve in a grade above major general.
``Sec. 293. Chief, National Guard Bureau: functions; annual report
    ``(a) 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 authorizations, 
        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 requirements 
        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 approved programs and policies of, and guidance 
        from, the Chief, the Secretary of the Army, and the Secretary 
        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, maintenance, and 
        accountability of Federal property issued 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 recognition of (A) 
        National Guard units, and (B) officers 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 publications 
        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 Secretary 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 
classified and unclassified versions.
``Sec. 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 Defense 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 District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(B) have had at least 10 years of federally recognized 
        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 Bureau 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 restrictions in 
paragraph (2) and the provisions of paragraph (3)(B) for a limited 
period of time to provide for the orderly transition of officers 
appointed to serve in the positions 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 brigadier 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 National 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 Bureau 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.
``Sec. 295. Other senior National Guard Bureau officers
    ``(a) Additional General Officers.--(1) In addition to the Chief 
and Vice Chief of the National Guard Bureau, there shall be assigned to 
the National Guard Bureau--
            ``(A) two general officers selected by the Secretary of the 
        Army from officers of the Army National 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 Secretary of the 
        Air Force from officers of the Air National 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 respective 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.
``Sec. 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.''.
``Sec. 297. Definition
    ``In this chapter, the term `State' includes the District 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 relating to section 3040.
    (c) Other Conforming Amendments.--(1) Sections 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 
administer this section through the Chief of the National Guard 
Bureau.''.

SEC. 3. RESERVE COMPONENT GENERAL AND FLAG OFFICERS 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 
numbers 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 Reserve officer: Military Executive                             
     to the Reserve Forces Policy Board and                             
     Assistant 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, instructing, 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 fiscal 
                officer under section 708 of title 32; or
                    ``(iii) service as a State director of the 
                Selective 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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