[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4272 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4272
To improve promotion practices in the National Guard, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19 (legislative day, May 17), 2022
Ms. Duckworth (for herself, Ms. Klobuchar, Mrs. Blackburn, and Ms.
Warren) introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To improve promotion practices in 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 Promotion Improvement
Act of 2022''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) existing processes contribute to the long delays
experienced by reserve officers of the National Guard for
Federal recognition of State vacancy promotions; and
(2) unduly delayed promotions have a significant impact on
members of the National Guard as they manage their careers and
make financial plans for the future, and pose retention
challenges.
SEC. 3. INDEPENDENT STUDY ON FEDERAL RECOGNITION PROCESS.
(a) Independent Study.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct a study on the National Guard commissioned officer and
warrant officer promotion system and provide recommendations to the
Department of Defense, the Department of the Air Force, the Department
of the Army, the National Guard Bureau, and individual State National
Guard commands.
(b) Elements.--The study referred to in subsection (a) shall
include a comprehensive review and assessment of the following:
(1) The Federal recognition process used to extend Federal
recognition to State promotions.
(2) Best practices among the various State National Guards
for managing their requirements under the existing National
Guard promotion system.
(3) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the time required
for Federal recognition to be extended to a State promotion.
(4) The feasibility of developing or adopting a
commercially available solution for an integrated enterprise
information technology system for managing National Guard
officer and warrant officer promotions that allows seamless
transition for promotions as they move through reviews at the
National Guard Bureau, the Department of the Army, the
Department of the Air Force, and the Department of Defense.
(5) Possible metrics to evaluate effectiveness of any
recommendations made.
(6) Any other matters the federally funded research and
development center determines relevant.
(c) Report.--
(1) In general.--The contract under subsection (a) shall
require the federally funded research and development center
that conducts the study under the contract to submit to the
Secretary of Defense, the Secretary of the Army, the Secretary
of the Air Force, and the Chief of the National Guard Bureau a
report on the results of the study.
(2) Submission to congress.--Not later than 30 days after
receiving the report required under paragraph (1), the
Secretary of Defense shall submit an unedited copy of the
report results to the congressional defense committees.
SEC. 4. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS IN
THE NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL
RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code,
is amended to read as follows:
``(2) If there is a delay in extending Federal recognition in the
next higher grade in the Army National Guard or the Air National Guard
to a reserve commissioned officer of the Army or the Air Force that
exceeds 60 days from when the National Guard Bureau received the
promotion from the State, and the delay was not attributable to the
action or inaction of such officer, the effective date of the promotion
concerned under paragraph (1) shall be adjusted by the Secretary
concerned to not later than 60 days after the National Guard Bureau
received the promotion but not earlier than the effective date of the
State promotion.''.
SEC. 5. REPORTING REQUIREMENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the date specified
in subsection (c), the Secretary of Defense, acting through the Chief
of the National Guard Bureau and in consultation with the Secretary of
the Army and the Secretary of the Air Force as appropriate, shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
detailing the current status of the Federal recognition process for
National Guard promotions.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An update on actions taken to reduce the average time
needed to extend Federal recognition in the next higher grade
in the Army and Air National Guards to a reserve commissioned
officer promotion.
(2) The average time it took during the previous fiscal
year to extend Federal recognition in the next higher grade in
the Army National Guard to a reserve commissioned officer of
the Army, as measured from the date at which the National Guard
Bureau received the promotion until the date at which Federal
recognition was granted.
(3) The average time it took during the previous fiscal
year to extend Federal recognition in the next higher grade in
the Air National Guard to a reserve commissioned officer of the
Air Force, as measured from the date at which the National
Guard Bureau received the promotion until the date at which
Federal recognition was granted.
(4) The number of Army National Guard officers who
experienced Federal recognition delays greater than 60 days in
the previous fiscal year.
(5) The number of Air National Guard officers who
experienced Federal recognition delays greater than 60 days in
the previous fiscal year.
(6) A summary of any additional resources or authorities
needed to further streamline the Federal recognition to reduce
average Federal recognition delays to less than 60 days.
(7) Any other information the Chief of the National Guard
Bureau or the Secretaries concerned determine relevant.
(c) Expiration of Annual Reporting Requirement.--The report
required under subsection (a) may be submitted once every three years
after the Secretary of Defense certifies to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives that the average delay for Federal recognition of
Army National Guard and Air Force National Guard members is less than
60 days.
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