I 112th CONGRESS 1st Session H. R. 3455 IN THE HOUSE OF REPRESENTATIVES November 17, 2011 Mr. Palazzo (for himself, Mr. Holden, Mr. Bartlett, Mr. Thompson of Mississippi, Mr. Westmoreland, Mr. Latham, Mr. LoBiondo, Mr. Nunnelee, and Mr. Harper) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to include the Chief of the National Guard Bureau as a member of the Joint Chiefs of Staff and to reestablish the position of Vice Chief of the National Guard Bureau.

1.

Membership of the Chief of the National Guard Bureau on the Joint Chiefs of Staff

(a)

Membership on Joint Chiefs of Staff

Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (7)The Chief of the National Guard Bureau. . (b)

Conforming amendments

Section 10502 of such title, as amended by section 2(b)(1) of this Act, is further amended— (1)by redesignating subsection (d) as subsection (e); and (2)by inserting after subsection (c) the following new subsection (d): (d)

Member of Joint Chiefs of Staff

The Chief of the National Guard Bureau shall perform the duties prescribed for him or her as a member of the Joint Chiefs of Staff under section 151 of this title. .

2.

Reestablishment of position of Vice Chief of the National Guard Bureau and termination of position of Director of the Joint Staff of the National Guard Bureau

(a)

Reestablishment and termination of positions

Section 10505 of title 10, United States Code, is amended to read as follows:

10505.

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 service in an active status in the National Guard; and (C)are in a grade above the grade of brigadier general. (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 within a reasonable time (as determined by the Secretary of Defense) following the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the 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 the grade of lieutenant 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 of disability ceases.

. (b)

Conforming amendments

(1)Section 10502 of such title is amended by striking subsection (e). (2)Section 10506(a)(1) of such title is amended by striking and the Director of the Joint Staff of the National Guard Bureau and inserting and the Vice Chief of the National Guard Bureau. (c)

Clerical amendments

(1)

Heading amendment

The heading of section 10502 of such title is amended to read as follows:

10502.

Chief of the National Guard Bureau: appointment; advisor on National Guard matters; grade

. (2)

Table of sections

The table of sections at the beginning of chapter 1011 of such title is amended— (A)by striking the item relating to section 10502 and inserting the following new item: 10502. Chief of the National Guard Bureau: appointment; advisor on National Guard matters; grade. ; and(B)by striking the item relating to section 10505 and inserting the following new item: 10505. Vice Chief of the National Guard Bureau. .