[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4149 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4149

  To amend title 10, United States Code, to provide a charter for the 
 National Guard Bureau, otherwise to improve the administration of the 
                National Guard, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1994

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, otherwise to improve the administration of the 
                National Guard, 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 Bureau Act of 1994''.

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; adviser on 
                            National Guard matters; grade.
``293. Chief, National Guard Bureau: functions.
``294. Chief of National Guard Bureau: annual report.
``295. Vice Chief of the National Guard Bureau.
``296. Other senior National Guard Bureau officers.
``297. Assignment of officers: joint duty assignment.
``298. 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 within 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 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 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.
``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 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 at the pleasure of the President for a 
term of four years. 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 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 National 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 Bureau shall be 
appointed to serve in a grade above major general.
``Sec. 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 authorizations, 
        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 approved programs and policies of, and guidance 
        from, the Chief, the Secretary of the Army, and the Secretary 
        of the Air Force.
            ``(4) Monitoring and 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 and supply of, and 
        accountability of the States for, 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 National Guard.
            ``(10) Issuing directives, regulations, and publications 
        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 Secretary of the Army, or the 
        Secretary of the Air Force.
``Sec. 294. Chief of National Guard Bureau: annual report
    ``(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, together 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 Secretary under 
section 113(c) of this title is submitted to Congress.
``Sec. 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 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 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 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. 296. 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 serve as Director, Army National Guard, with the other 
        serving as Deputy Director, Army National Guard; 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 
        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 respective branches.
    ``(b) Other Officers.--There are in the National Guard Bureau a 
legal 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. 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.
``Sec. 298. 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) 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 ACTIVE 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 subsections (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 headquarters of a reserve component command as follows:

      

Army National Guard of the United        4 general officers.            
 States.                                                                
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 subsections (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, 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 fiscal 
                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 Selective 
                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.

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