[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2801 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2801

To amend title 10, United States Code, to clarify the effective date of 
 the promotion of commissioned officers of the Army National Guard and 
Air National Guard, to improve processes for Federal recognition of the 
          promotions of such officers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2018

  Ms. Warren (for herself, Mr. Daines, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to clarify the effective date of 
 the promotion of commissioned officers of the Army National Guard and 
Air National Guard, to improve processes for Federal recognition of the 
          promotions of such officers, 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 Promotion 
Accountability Act''.

SEC. 2. DATE OF RANK OF COMMISSIONED NATIONAL GUARD OFFICERS PROMOTED 
              TO A HIGHER GRADE.

    (a) In General.--Section 14308(f) of title 10, United States Code, 
is amended--
            (1) by inserting ``(1)'' before ``The effective date'';
            (2) in paragraph (1), as designated by paragraph (1) of 
        this subsection, by striking ``on which such Federal 
        recognition in that grade is so extended'' and inserting ``of 
        the approval of the promotion of the officer to that grade by 
        the State concerned''; and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) Notwithstanding subsection (c)(1), the date of rank in a 
higher grade of an officer whose effective date of promotion to such 
grade is governed by paragraph (1) shall be such effective date of 
promotion.
    ``(B) The specification of the date of rank of an officer in a 
grade pursuant to subparagraph (A) shall be deemed an adjustment of the 
date of rank of the officer to that grade in the manner of section 
741(d)(4) of this title, pursuant to subsection (c)(2), to which 
section 741(d)(4)(C) of this title shall apply, notwithstanding 
subsection (c)(3).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to National Guard officers whose promotion to a grade is 
approved by a State after that date.

SEC. 3. NOTICE TO CONGRESS ON DELAY IN PUBLICATION OF SCROLLS 
              INDICATING PROMOTION OF COMMISSIONED NATIONAL GUARD 
              OFFICERS.

    (a) Notice Required.--If at the end of the 200-day period beginning 
on the receipt by the Department of the Army or the Department of the 
Air Force of a scroll indicating the promotion of commissioned officers 
in the Army National Guard or Air National Guard, as applicable, the 
scroll has not been published by the military department concerned, the 
Secretary of the Army or the Secretary of the Air Force, as the case 
may be, shall immediately notify the congressional defense committees, 
in writing, of the following:
            (1) The date on which the scroll was so received.
            (2) A description of the processing of the scroll by the 
        military department concerned as of the date of the report, 
        including a statement of the length of time in processing at 
        each stage in the process through that date.
            (3) The reason why the scroll was not published within 200 
        days of receipt, and the intended remediation for the delay in 
        publication.
    (b) Definitions.--In this section:
            (1) The term ``congressional defense committees'' has the 
        meaning given such term in section 101(a)(16) of title 10, 
        United States Code.
            (2) The term ``scroll'' has the meaning given that term in 
        Department of Defense Instruction 1310.02, and any successor 
        instruction or document.

SEC. 4. REPORTS ON PROCESSES FOR FEDERAL RECOGNITION OF PROMOTION OF 
              COMMISSIONED NATIONAL GUARD OFFICERS.

    (a) Review.--The Secretary of the Army and the Secretary of the Air 
Force shall each undertake a comprehensive review of the policies and 
procedures of the Department of the Army and the Department of the Air 
Force, as applicable, for the Federal recognition promotions of 
commissioned officers of the Army National Guard and the Air National 
Guard, as the case may be.
    (b) Reports Required.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of the Army and the Secretary 
of the Air Force shall each submit to the congressional defense 
committees a report, in writing, setting forth the results of the 
review required by subsection (a). Each report shall include the 
following:
            (1) A description of the average time between receipt by 
        the military department concerned of scrolls indicating the 
        promotion of commissioned officers in the National Guard and 
        their publication during the five-year period ending on the 
        date of the enactment of this Act.
            (2) A description and assessment of various approaches for 
        streamlining the process by which the military department 
        concerned approves Federal recognition scrolls, including 
        through--
                    (A) additional automation;
                    (B) reduction in required steps; or
                    (C) delegation of authority to conduct required 
                reviews.
            (3) If the Secretary concerned considers any approach under 
        paragraph (2) feasible and advisable, such recommendations for 
        legislative or administration action as such Secretary 
        considers appropriate to implement such approach.
    (c) Definitions.--In this section:
            (1) The term ``congressional defense committees'' has the 
        meaning given such term in section 101(a)(16) of title 10, 
        United States Code.
            (2) The term ``scroll'' has the meaning given that term in 
        Department of Defense Instruction 1310.02, and any successor 
        instruction or document.
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