[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Pages S3126-S3127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FORD (for himself and Mr. Bond):
  S. 1912. A bill to amend title 10, United States Code, to exclude 
additional reserve component general and flag officers from the 
limitation on the number of general or flag officers who may serve on 
active duty; to the Committee on Armed Services.


                       NATIONAL GUARD LEGISLATION

  Mr. FORD. Mr. President, today I join Senator Bond, my fellow co-
chairman of the National Guard Caucus, in introducing legislation to 
allow the Secretary of Defense to increase the number of National Guard 
and reserve generals on active duty.
  Deputy Secretary of Defense John Hamre brought it to our attention 
that under current law, guard and reserve general officers brought on 
active duty for more than 180 days count against the service's active 
duty ceilings specified in 10 U.S.C. 526. Our proposed legislation 
would exempt full-time active duty guard and reserve general officers 
from the limit in title 10. But we only allow the exemption so it does 
not exceed 3 percent of the current limit of 877 general officers.
  This legislation will encourage the military services to assign 
guard/reserve general officers to a wider variety of non-traditional 
assignments allowing these general officers to gain a greater depth of 
experience. The legislation will greatly enhance the total force idea, 
by providing a more seamless integration of the reserve and active 
component senior leadership. Senator Bond and I also believe this 
legislation will foster a greater appreciation by the active duty 
service leadership of the expertise available from the guard and 
reserve community.
  This legislation would eliminate the disincentive to expand guard and 
reserve general officers assignments by easing the one-for-one reserve 
component versus active component offset. There are currently 22 Guard 
and Reserve general officers on full time active duty. All but three of 
those officers are serving in assignment directly related to Guard and 
Reserve matters. This legislation would exempt up to 25 Guard and 
Reserve general officers

[[Page S3127]]

from counting against active duty general officer end strength.
  Senator Bond and I would encourage the Senate Armed Services 
Committee to include this legislation in the fiscal year 1999 defense 
authorization bill.
  I ask unanimous consent that the bill and section-by-section be 
printed in the Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follow:

                                S. 1912

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXCLUSION OF ADDITIONAL RESERVE COMPONENT GENERAL 
                   AND FLAG OFFICERS FROM LIMITATION ON NUMBER OF 
                   GENERAL AND FLAG OFFICERS WHO MAY SERVE ON 
                   ACTIVE DUTY.

       Section 526(d) of title 10, United States Code, is amended 
     to read as follows:
       ``(d) Exclusion of Certain Reserve Officers.--(1) Subject 
     to paragraph (2), the limitations of this section do not 
     apply to the following reserve component general or flag 
     officers:
       ``(A) A general or flag officer who is on active duty for 
     training.
       ``(B) A general or flag officer who is on active duty under 
     a call or order specifying a period of less than 180 days.
       ``(C) A general or flag officer who is on active duty under 
     a call or order specifying a period of more than 179 days.
       ``(2) The number of general or flag officers of an armed 
     force covered by paragraph (1)(C) at any one time may not 
     exceed the number equal to three percent of the number 
     specified for that armed force under subsection (a).''.
                                  ____


     Authorized Strength: General and Flag Officers on Active Duty


                      section by section analysis

       Section 526(a) limits the number of general and flag 
     officers on active duty in the Army (302), Navy (216), Air 
     Force (279) and Marine Corps (80). Section 526(d), title 10, 
     United States Code provides that these limits do not apply to 
     reserve general or flag officers who are on active duty for 
     training or who are on active duty under a call or order 
     specifying a period of less than 180 days.
       The intent of the proposed language is to exempt Reserve 
     and National Guard general/flag officers from the limits in 
     Section 526(a), up to a maximum of 3% of the total number of 
     general and flag officers currently authorized for each 
     Service.


       reserve/guard general/flag officer exemption justification

       Currently, any Reserve or Guard general officer ordered to 
     active duty for a period of more than 179 days counts against 
     the Service's active duty general and flag officer limit.
       Greater participation by Reserve and Guard senior 
     leadership in the day-to-day planning, decision-making and 
     execution will lead to a more seamless Total Force and will 
     immeasurably benefit both the Reserve and Active Components. 
     Reserve and Guard officers will gain greater depth of 
     experience from their full-time assignment and Active 
     Component will gain greater understanding of the assets the 
     Reserve and Guard community bring to the table.
       This legislation will also encourage the Services to assign 
     Reserve and Guard general and flag officers to a wider 
     variety of non-traditional billets, to include joint 
     assignments.
       This section amends Section 526 by adding a provision to 
     exempt a number of Reserve and Guard general and flag 
     officers serving on full-time active duty from the limits of 
     subsection (a).
                                 ______