[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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