[Congressional Record Volume 144, Number 60 (Wednesday, May 13, 1998)]
[Senate]
[Pages S4827-S4833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FORD (for himself, Mr. Bond, Mr. Dorgan, and Mr. Leahy):
  S. 2077. A bill to maximize the national security of the United 
States and minimize the cost by providing for increased use of the 
capabilities of the National Guard and other reserve components of the 
United States; to improve the readiness of the reserve components; to 
ensure that adequate resources are provided for the reserve components; 
and for other purposes; to the Committee on Armed Services.


      the national guard and reserve components equity act of 1998

  Mr. FORD. Mr. President, on behalf of Senator Bond, co-chairman of 
the Senate National Guard Caucus, Senators Dorgan and Leahy, I am 
introducing today the National Guard and Reserve Components Equity Act 
of 1998.
  Over the past few years, we've had to expend a huge amount of energy 
fending off attacks to the Guard. Worse,

[[Page S4829]]

the whole time we're dusting ourselves off and assessing the damage, 
our opponents deny they've ever laid a finger on us.
  It reminds me of the boxer who, at the insistence of his trainer, 
took on the current champ. After the first round, he came back to his 
corner with a busted lip, and his trainer patted him on the back and 
said, ``You're doing great,'' then shoved him back out when the second 
bell sounded. After the second round, he staggered back to his corner 
with a black eye and a busted cheek, and his trainer said, ``You're 
doing great, he hasn't laid a hand on you.'' And the boxer replied, 
``Well you'd better keep an eye on the referee, `cause someone is 
beating' the heck out of me.''
  Year after year, the Guard has come back to its corner, bruised and 
battered by the budget process, only to hear Pentagon officials insist 
they haven't laid a hand on them.
  I think we all agree that as we enter the 21st Century, the common 
goal of the U.S. military should be to create and maintain a seamless 
Total Force that provides our military leaders with the necessary 
flexibility and strength to address whatever conflicts that might 
arise.
  The 1997 QDR should have been the vehicle to achieve that goal. 
Unfortunately, it fell far short. One analyst described the QDR as 
``another banal defense of the status quo.''
  There are close to a half million men and women in the National 
Guard, accounting for about 20 percent of this nation's Armed Forces. 
Because of their dual federal-state mission, National Guardsmen and 
women are on hand to serve in both the international arena and in our 
own backyards. Perhaps more than any other soldier, members of the 
Guard embody our forefathers' vision of the citizen-soldier.
  That's because the citizen-soldiers of the National Guard find their 
roots not only in the history of this country, but equally important, 
in the communities of this country.
  The Army National Guard alone provides more than 55 percent of the 
ground combat forces, 45 percent of the combat support forces, and 25 
percent of the Army's combat support units--all while using only two 
percent of the Department of Defense budget.
  But if you look at the QDR process, you would think the Guard has 
outlived its usefulness--that their cost-effectiveness, their 
flexibility, their readiness are all figments of this Senator's 
imagination.
  This contentious relationship got even hotter last spring when 
leaders of the National Guard expressed outrage at never being given 
the opportunity to present their case before the QDR and over the 
Army's failure to be up-front about how deeply they wanted to cut the 
Army Guard.
  The outrage was well placed. The Washington Times was right on target 
when they wrote back in June that

       The Guard has a greater relevance today than during the 
     Cold War--exactly the kind of relevance the Founding Fathers 
     envisioned when they elected to place the preponderance of 
     the nation's military strength in the state militias.

  They understand that with its ``dual use system,'' the Guard is the 
wave of the future, not a relic of the past.
  While many of us felt blind-sided by the QDR, the fact is it was just 
one more instance where the Pentagon refuses to give the Guard the 
status it deserves.
  I don't believe making the Chief of the National Guard a four star 
general and a member of the Joint Requirements Oversight Council will 
solve all of the Guard's problems, but I do believe it would help to 
change the dynamics of this dysfunctional relationship, and better 
ensure the Guard's needs are met when the Defense budget is being 
written, rather than through Congressional intervention.
  As many of you probably recall, last year Senator Stevens offered an 
amendment to the Defense Authorization bill to make this change. It was 
approved by the Senate, but later dropped in Conference Committee. 
Instead, Conferees agreed to having a Two-Star General from the Guard 
and one from the Reserves--a position the Guard already has.
  Since then, I've been working with Senator Bond--my co-chairman of 
the Senate National Guard Caucus to come up with new legislation 
reinforcing the important role of both the Guard and the Reserves.
  The bill would direct the Secretary of Defense to submit a report to 
Congress regarding the force structure necessary for the Army National 
Guard and Army Reserve to meet future national security threats. The 
bill would freeze the end strength of the Army National Guard and the 
Army Reserve at the level Congress approved for Fiscal Year 1998, until 
September 30, 2000. This freeze will provide Congress a chance to 
review the force structure report submitted by the Secretary of 
Defense.
  The bill also requires the Secretary of Defense to develop a master 
plan for the modernization of the National Guard And Reserve Components 
to ensure compatibility of equipment with our active forces. Under this 
legislation, the Secretary must also submit a master plan to Congress 
on meeting the military construction needs of the National Guard and 
Reserve Components.
  This legislation builds on Senator Stevens's amendment to last year's 
Defense Authorization. It elevates the Chief of the National Guard 
Bureau to the Grade of General (4-star) and elevates the Senior 
Representatives of the Reserves one Grade. These are just some 
provisions of the bill. My Guard Caucus Co-Chairman, Senator Bond, 
someone who has been deeply committed to improving the readiness of the 
Guard, will be outlining other provisions of the bill.
  Mr President, the Reserve Components are the only contact a majority 
of Americans have with the military. When they see a neighbor, a 
child's teacher, or their family doctor representing the U.S. in the 
international arena or on hand when natural disasters strike, they have 
a direct link to the military.
  That bond has remained strong for well over 200 years. And despite 
resistance from the Pentagon, I believe Congress has no intention of 
seeing that bond damaged through insufficient funds or lack of 
resources--from operations and maintenance to pay and allowances to 
continued equipment modernization and military construction. This is 
why the National Guard and Reserve Components Equity Act of 1998 needs 
to become law.
  Muhammad Ali used to say that not only could he knock'em out, but he 
could pick the round. Opponents to the Guard and Reserves should be on 
notice--no matter how much they try and bob and weave, this is the 
round they're going to go down.
  Before closing, I'd like to take just a moment to say how much I've 
enjoyed working with Senator Bond on National Guard issues over the 
last ten years. We've worked together, along with the other members of 
the Caucus, in a bipartisan manner to ensure that the National Guard 
and Reserve components receive the funding these dedicated men and 
women need to successfully fulfill their role in preserving our 
national security.
  Mr. President, I ask unanimous consent that the National Guard and 
Reserve Components Equity Act of 1998 be printed in the Record, along 
with a section-by-section description this legislation.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2077

       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 and Reserve 
     Components Equity Act of 1998''.
                      TITLE I--STRATEGIC PLANNING

     SEC. 101. FORCE STRUCTURE.

       (a) Requirement.--At the same time as the President submits 
     the budget to Congress for fiscal year 2000 under section 
     1105(a) of title 31, United States Code, the Secretary of 
     Defense shall submit to Congress a report on the Army reserve 
     component force structure.
       (b) Content of Report.--The report shall include the 
     following:
       (1) The force structure that the Secretary considers 
     appropriate for the Army National Guard and the Army Reserve 
     for meeting threats to the national security that are 
     considered probable for the six fiscal years beginning with 
     fiscal year 2000.
       (2) Specific wartime missions for the units in that force 
     structure, including missions relating to responses to 
     emergencies involving weapons of mass destruction.
       (b) Freeze on End Strengths.--Notwithstanding any other 
     provision of law, the Armed Forces shall maintain the same

[[Page S4830]]

     strengths for Selected Reserve personnel of the Army National 
     Guard of the United States and the Army Reserve through 
     September 30, 2000, as are authorized under paragraphs (1) 
     and (2), respectively, of section 411(a) of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85; 111 Stat. 1719)

     SEC. 102. MODERNIZATION PLAN.

       (a) Plan Required.--The Secretary of Defense shall develop 
     a master plan that provides for the complete modernization of 
     the National Guard and the other reserve components of the 
     Armed Forces, including the modernization necessary to ensure 
     the compatibility of the equipment used by the reserve 
     components.
       (b) Submission to Congress.--The Secretary shall submit the 
     plan to Congress not later than six months after the date of 
     the enactment of this Act.

     SEC. 103. MILITARY CONSTRUCTION.

       (a) Plan Required.--The Secretary of Defense shall develop 
     a master plan that provides for meeting the unmet 
     requirements of the National Guard and the other reserve 
     components for military construction.
       (b) Submission to Congress.--The Secretary shall submit the 
     plan to Congress not later than six months after the date of 
     the enactment of this Act.
                 TITLE II--RESERVE COMPONENT LEADERSHIP

     SEC. 201. CHIEF OF THE NATIONAL GUARD BUREAU.

       (a) Relationship to the Joint Chiefs of Staff.--Section 151 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(h) Participation by the Chief of the National Guard 
     Bureau.--(1) The Chief of the National Guard Bureau shall 
     identify for the Chairman any matter scheduled for 
     consideration by the Joint Chiefs of Staff that directly 
     concerns the National Guard, domestic security, or public 
     safety.
       ``(2) Unless, upon request of the Chairman for a 
     determination, the Secretary of Defense determines that a 
     matter identified pursuant to paragraph (1) does not concern 
     the National Guard, domestic security, or public safety, the 
     Chief of the National Guard Bureau shall meet with the Joint 
     Chiefs of Staff when that matter is under consideration. The 
     Chief of the National Guard Bureau has equal status with the 
     members of the Joint Chiefs of Staff for the consideration of 
     the matter by the Joint Chiefs of Staff.
       ``(3) The Chairman shall provide the Chief of the National 
     Guard Bureau with all agenda for the meetings of the Joint 
     Chiefs of Staff and any other information that the Chairman 
     considers appropriate to assist the Chief of the National 
     Guard Bureau to carry out his responsibilities under this 
     subsection.''.
       (b) Membership on the Joint Requirements Oversight 
     Council.--Section 181(c) of such title is amended--
       (1) in paragraph (1)--
       (A) in subsection (D), by striking out ``and'';
       (B) in subsection (E), by striking out the period at the 
     end and inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following:
       ``(F) the Chief of the National Guard Bureau.''; and
       (2) in paragraph (2), by inserting ``and the Chief of the 
     National Guard Bureau'' after ``other than the Chairman of 
     the Joint Chiefs of Staff''.
       (c) Additional Advisory Functions.--Section 10502(c) of 
     title 10, United States Code, is amended to read as follows:
       ``(c) Adviser on National Guard Matters.--The Chief of the 
     National Guard Bureau is the principal adviser to the 
     President, the Secretary of Defense, any other person 
     designated to exercise national command authority, the 
     Secretary of the Army, the Chief of Staff of the Army, the 
     Secretary of the Air Force, and the Chief of Staff of the Air 
     Force on matters relating to--
       ``(1) the National Guard;
       ``(2) the Army National of the United States;
       ``(3) the Air National Guard of the United States;
       ``(4) domestic security; and
       ``(5) public safety.''.
       (d) Relationship to the Army Staff and the Air Staff.--
     Section 10502 of title 10, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(e) Relationship to Army and Air Staff.--To the extent 
     that it does not impair the independence of the Chief of the 
     National Guard Bureau in the performance of his duties, the 
     Chief of the National Guard Bureau shall serve at the level 
     of the Vice Chief of Staff of the Army in all forums within 
     the Department of the Army, and at the level of the Vice 
     Chief of Staff of the Air Force in all forums within the 
     Department of the Air Force.''.

     SEC. 202. GRADES OF RESERVE COMPONENT LEADERS.

       (a) National Guard Bureau Leadership.--
       (1) Chief.--Section 10502(d) of title 10, United States 
     Code, is amended by striking out ``lieutenant general'' and 
     inserting in lieu thereof ``general''.
       (2) Vice chief.--Section 10505(c) of such title is amended 
     by striking out ``major general'' and inserting in lieu 
     thereof ``lieutenant general''.
       (3) Other general officers.--Section 10506(a)(1) of such 
     title is amended by striking out ``major general'' each place 
     it appears and inserting in lieu thereof ``lieutenant 
     general''.
       (b) Chief of Army Reserve.--Section 3038(c) of such title 
     is amended by striking out ``major general'' in the third 
     sentence and inserting in lieu thereof ``lieutenant 
     general''.
       (c) Chief of Naval Reserve.--Section 5143 of such title is 
     amended--
       (1) in subsection (b), by striking out ``from officers 
     who--'' and inserting in lieu thereof ``from among officers 
     of the Naval Reserve who--''; and
       (2) in subsection (c)(2), by striking out ``a grade above 
     rear admiral (lower half)'' in the third sentence and 
     inserting in lieu thereof ``the grade of vice admiral''.
       (d) Commander, Marine Forces Reserve.--Section 5144 of such 
     title is amended--
       (1) in subsection (b), by striking out ``from officers 
     who--'' and inserting in lieu thereof ``from among officers 
     of the Marine Corps Reserve who--''; and
       (2) in subsection (c)(2), by striking out ``a grade above 
     brigadier general'' in the third sentence and inserting in 
     lieu thereof ``the grade of lieutenant general''.
       (e) Chief of Air Force Reserve.--Section 8038(c) of such 
     title is amended by striking out ``major general'' in the 
     third sentence and inserting in lieu thereof ``lieutenant 
     general''.
       (f) Exclusion From Distribution Limits for General Officers 
     on Active Duty.--Section 525(b) of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(6)(A) An officer serving in a position referred to in 
     subparagraph (B) in the grade specified for the position in 
     that subparagraph is in addition to the number that would 
     otherwise be permitted for that officer's armed force for 
     that grade under paragraph (1).
       ``(B) Subparagraph (A) applies to an officer while serving 
     in any of the following positions:
       ``(i) The Chief of the National Guard Bureau, if serving in 
     the grade of general.
       ``(ii) The Vice Chief of the National Guard Bureau, if 
     serving in the grade of lieutenant general.
       ``(iii) The Director of the Army National Guard, if serving 
     in the grade of lieutenant general.
       ``(iv) The Director of the Air National Guard, if serving 
     in the grade of lieutenant general.
       ``(7)(A) An officer while serving in a position referred to 
     in subparagraph (B), if serving in the grade of lieutenant 
     general or vice admiral, is in addition to the number that 
     would otherwise be permitted for that officer's armed force 
     for that grade under paragraph (1) or (2), as applicable.
       ``(B) Subparagraph (A) applies to an officer serving in any 
     of the following positions:
       ``(i) The Chief of Army Reserve.
       ``(ii) The Chief of Naval Reserve.
       ``(iii) The Commander, Marine Forces Reserve.
       ``(iv) The Chief of Air Force Reserve.''.
       (g) Effective Date.--This section and the amendments made 
     by this section shall take effect on January 1, 1999.

     SEC. 203. ADJUTANTS GENERAL OF THE NATIONAL GUARD.

       (a) Federal Recognition.--The Secretary of Defense shall 
     prescribe in regulations a requirement that, whenever a 
     person is appointed to the position of State adjutant general 
     of the National Guard, the board that is to consider the 
     appointee for being extended Federal recognition be convened 
     within 60 days after the date of the appointment.
       (b) Investigations of Adjutants General.--The Secretary of 
     Defense shall prescribe in regulations a requirement that the 
     Inspector General of the Department of Defense be responsible 
     for conducting investigations regarding appointments of State 
     adjutants general of the National Guard for the Department of 
     Defense.
       (c) State Includes Possessions, Et Cetera.--For the 
     purposes of this section, the term ``State'' includes the 
     District of Columbia, Puerto Rico, Guam, and the Virgin 
     Islands.

     SEC. 204. REVIEW OF PROMOTIONS AND FEDERAL RECOGNITION FOR 
                   NATIONAL GUARD OFFICERS.

       (a) GAO Review.--The Comptroller General shall review the 
     promotions of, and extensions of Federal recognition to, 
     officers of the National Guard to determine the timeliness 
     and fairness of the processing of such actions.
       (c) Scope of Review.--The Comptroller General shall 
     determine the period and number of actions that are necessary 
     to be reviewed in order to provide a meaningful basis for 
     making determinations under subsection (a).
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the review. The report shall include 
     the Comptroller General's determinations together with any 
     recommendations that the Comptroller General considers 
     appropriate.
  TITLE III--USE OF THE RESERVE COMPONENTS FOR EMERGENCIES INVOLVING 
                      WEAPONS OF MASS DESTRUCTION

     SEC. 301. DISASTER RELIEF.

       (a) Authority.--
       (1) Definitions.--
       (A) Major disaster.--Paragraph (2) of section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42

[[Page S4831]]

     U.S.C. 5122) is amended by striking out ``or explosion'' and 
     inserting in lieu thereof ``explosion, or emergency involving 
     a weapon of mass destruction.''.
       (B) Weapon of mass destruction.--Such section is further 
     amended by adding at the end the following:
       ``(9) Weapon of mass destruction.--`Weapon of mass 
     destruction' has the meaning given that term in section 1402 
     of the Defense Against Weapons of Mass Destruction Act of 
     1996 (50 U.S.C. 2302(1)).
       ``(10) National guard.--`National Guard' has the meaning 
     given that term in section 101(3) of title 32, United States 
     Code.
       ``(11) Reserve components.--`Reserve components of the 
     Armed Forces' means the reserve components named in section 
     10101 of title 10, United States Code.''.
       (2) Use of reserve components.--Section 201(a) of such Act 
     (42 U.S.C. 5131) is amended--
       (A) by striking out the period at the end of paragraph (7) 
     and inserting in lieu thereof ``; and''; and
       (B) by adding at the end the following:
       ``(8) the use of the National Guard or the other reserve 
     components of the Armed Forces to take actions that may be 
     necessary to provide an immediate response to an incident 
     involving a use or threat of use of a weapon of mass 
     destruction.''.
       (3) Requests by director of fema.--Section 611 of such Act 
     (42 U.S.C. 5196) is amended by adding at the end the 
     following:
       ``(l) Use of the Reserve Components.--The Director may 
     request the Secretary of Defense to authorize the National 
     Guard or to direct other reserve components of the Armed 
     Forces to conduct training exercises, preposition equipment 
     and other items, and take such other actions that may be 
     necessary to provide an immediate response to an emergency 
     involving a weapon of mass destruction. The Secretary of 
     Defense may authorize the National Guard or direct other 
     reserve components to take actions requested by the Director 
     under the preceding sentence.''.
       (b) Reimbursement of States.--
       (1) Authority.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 115. Reimbursement for State costs of preparedness 
       programs for emergencies involving weapons of mass 
       destruction

       ``(a) Reimbursement Authorized.--The Secretary of Defense 
     may reimburse a State for expenses incurred by the State for 
     the National Guard of that State to participate in emergency 
     preparedness programs to respond to an emergency involving 
     the use of a weapon of mass destruction. Expenses 
     reimbursable under this section may include the costs of the 
     following:
       ``(1) Pay, allowances, clothing, subsistence, travel, and 
     related expenses of personnel of the National Guard.
       ``(2) Operation and maintenance of equipment and facilities 
     of the National Guard.
       ``(3) Procurement of services and equipment for the 
     National Guard.
       ``(b) State Includes Possessions, Et Cetera.--For the 
     purposes of this section, the term `State' includes the 
     District of Columbia, Puerto Rico, Guam, and the Virgin 
     Islands.
       ``(c) Weapon of Mass Destruction Defined.--In this section, 
     the term `weapon of mass destruction' has the meaning given 
     that term in section 1402 of the Defense Against Weapons of 
     Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``115. Reimbursement for State costs of preparedness programs for 
              emergencies involving weapons of mass destruction.''.

     SEC. 302. RESERVES ON ACTIVE DUTY.

       (a) Authority.--
       (1) Order to active duty.--Section 12301(b) of title 10, 
     United States Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking out ``for not more than 15 days a year'' in 
     the first sentence; and
       (C) by adding at the end the following;
       ``(2) The authority under paragraph (1) includes authority 
     to order a unit or member to active duty to provide 
     assistance in responding to an emergency involving a weapon 
     of mass destruction (as defined section 1402 of the Defense 
     Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
     2302(1))).
       ``(3) A unit or member may not be ordered to active duty 
     under this subsection for more than 15 days a year. Days of 
     service on active duty to provide assistance described in 
     paragraph (2), up to 15 days a year, shall not be counted 
     toward the limitation on the total number of days set forth 
     in the preceding sentence.''.
       (2) Use of active guard and reserve personnel.--Section 
     12310 of title 10, United States Code, is amended by adding 
     at the end the following:
       ``(c)(1) A Reserve on active duty as described in 
     subsection (a), or a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32 in connection with functions referred to 
     in subsection (a), may perform any duties in support of 
     emergency preparedness programs to prepare for or to respond 
     to any emergency involving the use of a weapon of mass 
     destruction (as defined in section 1402 of the Defense 
     Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
     2302(1))).
       ``(2) The costs of the pay, allowances, clothing, 
     subsistence, gratuities, travel, and related expenses for a 
     Reserve performing duties under the authority of paragraph 
     (1) shall be paid from the appropriation that is available to 
     pay such costs for other members of the reserve component of 
     that Reserve who are performing duties as described in 
     subsection (a).''.
       (b) Exclusion From Strength Limitations.--
       (1) General limitation.--Section 115(d) of such title is 
     amended by adding at the end the following:
       ``(8) Members of the reserve components on active duty and 
     members of the National Guard on full-time National Guard 
     duty to participate in emergency preparedness programs for 
     responding to emergencies involving a weapon of mass 
     destruction (as defined section 1402 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
     2302(1))).''.
       (2) Officer personnel limitation.--Section 12011 of such 
     title is amended by adding at the end the following:
       ``(c) Members of the reserve components on active duty and 
     members of the National Guard on full-time National Guard 
     duty to participate in emergency preparedness programs for 
     responding to emergencies involving a weapon of mass 
     destruction (as defined section 1402 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1))) 
     shall not be counted for purposes of a limitation in 
     subsection (a).''.
       (3) Enlisted personnel limitation.--Section 12011 of such 
     title is amended by adding at the end the following:
       ``(c) Members of the reserve components on active duty and 
     members of the National Guard on full-time National Guard 
     duty to participate in emergency preparedness programs for 
     responding to emergencies involving a weapon of mass 
     destruction (as defined section 1402 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1))) 
     shall not be counted for purposes of a limitation in 
     subsection (a).''.
TITLE IV--STRENGTHENED REFORMS FOR ARMY NATIONAL GUARD COMBAT READINESS

     SEC. 401. ADEQUATE FUNDING FOR MEETING NCO EDUCATION 
                   REQUIREMENTS.

       Section 1114(b) of the Army National Guard Combat Readiness 
     Reform Act of 1992 (title XI of Public Law 102-484; 10 U.S.C. 
     10105 note) is amended to read as follows:
       ``(b) Availability of Training.--The Secretary of the Army 
     shall ensure that sufficient training positions and funds are 
     available to enable compliance with subsection (a) without it 
     being necessary for noncommissioned officers to be absent 
     from unit annual training for the units of assignment in 
     order to attend training to meet military education 
     requirements.''.

     SEC. 402. COMBAT UNIT TRAINING.

       Section 1119 of the Army National Guard Combat Readiness 
     Reform Act of 1992 is amended--
       (1) by inserting ``(a) Program To Minimize Post-
     Mobilization Training Needs.--'' before ``The Secretary'';
       (2) by inserting ``all'' before ``combat units'' in the 
     first sentence;
       (3) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``and professional 
     development'' after ``qualification'';
       (B) in subparagraph (B), by striking out ``and squad 
     level'' and inserting in lieu thereof ``squad, and platoon 
     level''; and
       (C) by striking out subparagraph (C) and inserting in lieu 
     thereof the following:
       ``(C) maneuver training at the platoon level to at least 
     the minimum extent required of all Army units; and''; and
       (4) by adding at the end the following:
       ``(b) Adequacy of Funding.--The Secretary shall ensure that 
     sufficient funds are made available for conducting the 
     training required under the program.''.

     SEC. 403. USE OF COMBAT SIMULATORS.

       The text of section 1120 of such Act is amended to read as 
     follows:
       ``The Secretary of the Army shall--
       ``(1) expand the use of simulations, simulators, and 
     advanced training devices and technologies to fully support 
     the complete integration of Army National Guard units with 
     active Army units; and
       ``(2) use and distribute combat simulators so as to serve 
     the training of Army National Guard units as well as active 
     Army units.''.
   TITLE V--PAY, ALLOWANCES, RETIREMENT, AND OTHER MONETARY BENEFITS

     SEC. 501. BASIC ALLOWANCE FOR HOUSING.

       (a) Reserves on Active Duty More Than 100 Miles From 
     Home.--Section 403(g)(3) of title 37, United States Code, is 
     amended by adding at the end the following: ``A member of a 
     reserve component on active duty may not be denied a basic 
     allowance for housing at that rate on the basis of being 
     provided quarters of the United States if the member is 
     performing duty more than 100 miles from the member's primary 
     residence.''.
       (b) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect on the date of the 
     enactment of this Act and shall apply with respect to active 
     duty performed on or after that date.

     SEC. 502. ELIGIBILITY FOR HAZARDOUS OR IMMINENT DANGER PAY.

       (a) Full Monthly Rate for Active Duty for Partial Month.--
     Section 310(a) of title 37, United States Code, is amended in 
     the matter preceding paragraph (1) by striking

[[Page S4832]]

     out ``for any month in which he was entitled to basis pay'' 
     and inserting in lieu thereof ``for any month in which he was 
     entitled to any basic pay (without regard to the number of 
     days of duty performed for the month)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the first month that 
     begins on or after the date of the enactment of this Act.

     SEC. 503. ALLOTMENTS OF PAY.

       Section 701(d) of title 37, United States Code, is 
     amended--
       (1) by inserting ``(including a member of a reserve 
     component of that armed force)'' in the first sentence after 
     ``a member of the Army, Navy, Air Force, or Marine Corps''; 
     and
       (2) by inserting ``(three allotments, in the case of a 
     member of a reserve component)'' in the second sentence after 
     ``six allotments''.

     SEC. 504. EARLY RETIREMENT FOR PHYSICAL DISABILITY.

       (a) Permanent Authority.--Chapter 1223 of title 10, United 
     States Code, is amended by inserting after section 12731a the 
     following:

     Sec. 12731b. Early retirement for physical disability

       ``(a) Retirement With At Least 15 Years of Service.--For 
     the purposes of section 12731 of this title, the Secretary 
     concerned may--
       ``(1) determine to treat a member of the Selected Reserve 
     of a reserve component of the armed force under the 
     jurisdiction of that Secretary as having met the service 
     requirements of subsection (a)(2) of that section and provide 
     the member with the notification required by subsection (d) 
     of that section if the member--
       ``(A) has completed at least 15, and less than 20, years of 
     service computed under section 12732 of this title; and
       ``(B) no longer meets the qualifications for membership in 
     the Selected Reserve solely because the member is unfit 
     because of physical disability; and
       ``(2) upon the request of the member submitted to the 
     Secretary, transfer the member to the Retired Reserve.
       ``(b) Exclusion.--This section does not apply to persons 
     referred to in section 12731(c) of this title.''.
       (b) Repeal of Superseded Authority.--Section 12731(a)(c) of 
     such title is amended by striking out paragraph (3).
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 12731a the following:

``12731b. Early retirement for physical disability.''.
                        TITLE VI--OTHER BENEFITS

     SEC. 601. REPEAL OF 10-YEAR LIMITATION ON USE OF MONTGOMERY 
                   GI BILL BENEFITS.

       (a) Repeal.--Subsection (a) of section 16133 of title 10, 
     United States Code, is amended by striking out ``(1)'' and 
     all that follows and inserting in lieu thereof ``on the date 
     the person is separated from the Selected Reserve.''.
       (b) Conforming Amendments.--Subsection (b) of such section 
     is amended--
       (1) in paragraph (1)--
       (A) by striking out ``In'' in the matter preceding 
     subparagraph (A) and inserting in lieu thereof ``Subsection 
     (a) does not apply in''; and
       (B) by striking out the comma at the end of subparagraph 
     (B) and all that follows and inserting in lieu thereof a 
     period;
       (2) by striking out paragraph (3); and
       (3) by redesignating paragraph (4) as paragraph (3) and, in 
     such paragraph, by striking out ``of this title--'' and all 
     that follows through ``for the purposes of clause (2)'' and 
     inserting in lieu thereof ``of this title, the member may not 
     be considered to have been separated from the Selected 
     Reserve for the purposes''.

     SEC. 602. DEMONSTRATION PROGRAM ON UNLIMITED USE OF 
                   COMMISSARY STORES.

       (a) Program Required.--The Secretary of Defense shall carry 
     out a demonstration program to test the efficacy of 
     permitting unlimited use of commissary stores by members and 
     former members of the reserve components who are eligible for 
     limited use of commissary stores under section 1063 and 1064 
     of title 10, United States Code.
       (b) Period for Program.--The program shall be carried out 
     for one year beginning on January 1, 1999.
       (c) Report.--Not later than March 31, 2000, the Secretary 
     of Defense shall submit to Congress a report on the results 
     of the demonstration program, together with any comments and 
     recommendations that the Secretary considers appropriate.

     SEC. 603. SPACE AVAILABLE TRAVEL FOR MEMBERS OF SELECTED 
                   RESERVE.

       (a) In General.--Chapter 157 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2646. Space available travel: members of Selected 
       Reserve

       ``(a) Availability.--The Secretary of Defense shall 
     prescribe regulations to allow members of the Selected 
     Reserve in good standing (as determined by the Secretary 
     concerned), and dependents of such members, to receive 
     transportation on aircraft of the Department of Defense on a 
     space available basis under the same terms and conditions as 
     apply to members of the armed forces on active duty and 
     dependents of such members.
       ``(b) Condition on Dependent Transportation.--A dependent 
     of a member of the Selected Reserve may be provided 
     transportation under this section only when the dependent is 
     actually accompanying the member on the travel.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2646. Space available travel: members of Selected Reserve.''.

     SEC. 604. REPEAL OF EXPIRATION OF ELIGIBILITY FOR VETERANS 
                   HOUSING BENEFITS BASED ON SERVICE IN THE 
                   SELECTED RESERVE.

       Section 3702(a)(2)(E) of title 38, United States Code, is 
     amended by striking out ``For the period beginning on October 
     28, 1992, and ending on October 27, 1999, each'' and 
     inserting in lieu thereof ``Each''.
                        TITLE VII--OTHER MATTERS

     SEC. 701. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED 
                   TO GENERAL BUSINESS CREDIT.

       (a) Ready Reserve-National Guard Credit.--Subpart D of part 
     IV of subchapter A of chapter 1 of the Internal Revenue Code 
     of 1986 (relating to business-related credits) is amended by 
     adding at the end the following new section:

     ``SEC. 45D. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the Ready 
     Reserve-National Guard employee credit determined under this 
     section for the taxable year is an amount equal to 50 percent 
     of the actual compensation amount for the taxable year.
       ``(b) Definition of Actual Compensation Amount.--For 
     purposes of this section, the term `actual compensation 
     amount' means the amount of compensation paid or incurred by 
     an employer with respect to a Ready Reserve-National Guard 
     employee on any day during a taxable year when the employee 
     was absent from employment for the purpose of performing 
     qualified active duty.
       ``(c) Limitations.--
       ``(1) Maximum credit.--The maximum credit allowable under 
     subsection (a) shall not exceed $2,000 in any taxable year 
     with respect to any one Ready Reserve-National Guard 
     employee.
       ``(2) Days other than work days.--No credit shall be 
     allowed with respect to a Ready Reserve-National Guard 
     employee who performs qualified active duty on any day on 
     which the employee was not scheduled to work (for a reason 
     other than to participate in qualified active duty) and 
     ordinarily would not have worked.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified active duty.--The term `qualified active 
     duty' means--
       ``(A) active duty, as defined in section 101(d)(1) of title 
     10, United States Code;
       ``(B) full-time National Guard duty, as defined in section 
     1010(d)(5) of such title; and
       ``(C) hospitalization incident to duty referred to in 
     subparagraph (A) or (B).
       ``(2) Compensation.--The term `compensation' means any 
     remuneration for employment, whether in cash or in kind, 
     which is paid or incurred by a taxpayer and which is 
     deductible from the taxpayer's gross income under section 
     162(a)(1).
       ``(3) Ready reserve-national guard employee.--The term 
     `Ready Reserve-National Guard employee' means an employee who 
     is a member of the Ready Reserve or of the National Guard.
       ``(4) National guard.--The term `National Guard' has the 
     meaning given such term by section 101(c)(1) of title 10, 
     United States Code.
       ``(5) Ready reserve.--The term `Ready Reserve' has the 
     meaning given such term by section 10142 of title 10, United 
     States Code.''
       (b) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38 of such Code (relating to 
     general business credit) is amended by striking ``plus'' at 
     the end of paragraph (11), by striking the period at the end 
     of paragraph (12) and inserting ``, plus'', and by adding at 
     the end the following new paragraph:
       ``(13) the Ready Reserve-National Guard employee credit 
     determined under section 45D(a).''
       (c) Conforming Amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 45C the following new item:

``Sec. 45D. Ready Reserve-National Guard employee credit.''

       (d) Effective Date.--The amendments made by this Act shall 
     apply to taxable years beginning after December 31, 1997.
                                  ____


                      Section-by-Section Analysis

       Section 101: Directs the Secretary of Defense to submit a 
     report to Congress regarding the following;
       1) force structure appropriate for the Army National Guard 
     and the Army Reserve to meet national security threats.
       2) freezes the end strength of the Army National Guard and 
     Army Reserve at the levels approved in Public Law 105-85 
     Stat. 1719 until September 30, 2000.
       Section 102: Directs the Secretary of Defense to develop a 
     master plan for the modernization of the National Guard and 
     Reserve Component of the Armed Services to ensure 
     compatibility of equipment. The report is to be submitted to 
     Congress six months from date of enactment of legislation.

[[Page S4833]]

       Section 103: Directs the Secretary of Defense to develop a 
     master plan regarding the unmet military construction 
     requirements of the National Guard and Reserve Components. 
     This Report will be submitted within six months after passage 
     of the legislation.
       Sections 201 & 202: Elevates the Chief of the National 
     Guard Bureau to the Grade of General (4-Star) and elevates 
     the Senior Representatives of the Reserves (Army, Navy, Air 
     Force and Marines) to Lieutenant General (3-Star). Adjusts 
     the responsibility of the Chief of the National Guard Bureau 
     regarding issues that directly affect the National Guard. 
     Includes the Chief of the National Guard Bureau as a full 
     time member of the Joint Requirements Oversight Council.
       Section 203: Requires the Secretary of Defense to appoint 
     the Federal Recognition Board for an Adjutant General within 
     60 days of the Adjutant General's appointment by a Governor. 
     This section also requires the Secretary of Defense to have 
     the Inspector General of the Defense Department be 
     responsible for conducting investigations regarding 
     appointments of State Adjutants General.
       Section 204: Requires the General Accounting Office (GAO) 
     to review the National Guard members promotions and 
     extensions of Federal recognition as to the timeliness and 
     fairness of the process. GAO will report to Congress one year 
     after the enactment of the legislation.
       Section 301: Enhanced integration of the National Guard 
     Bureau, Reserve Components and the Federal Emergency 
     Management Agency (FEMA) for emergencies involving Weapons of 
     Mass Destruction.
       Section 302: Describes duties of Reserves (National Guard & 
     Reserves) in responding to an emergency involving a weapon of 
     mass destruction.
       Section 401: Directs the Secretary of the Army to ensure 
     that sufficient training funds are available for enlisted men 
     and women to meet their military education requirements.
       Section 402: Directs the Secretary of the Army to ensure 
     that sufficient training funds are available for the training 
     of Army National Guard to maintain Platoon level operations.
       Section 403: Directs the Secretary of the Army to expand 
     the use of simulations, simulators and advanced training 
     devices to fully support the integration of Army National 
     Guard with Active Army units.
       Section 501: Prohibits the Services from denying Basic 
     Housing allowance to Reserve component members if they are on 
     active duty more than 100 miles from their primary home.
       Section 502: Provides equity between Reserve component 
     members and active duty counterparts in receiving Hazardous 
     or Imminent Danger pay.
       Section 503: Increases Reserve Components pay allotment 
     authorization to the same level as Active duty personnel.
       Section 504: Makes permanent the early retirement for 
     Physical Disability of National Guard and Reserve component 
     members who have between 15 and 20 years of satisfactory 
     service. The present law expires at the end of Fiscal Year 
     1999.
       Section 601: Repeals the Ten Year limitation on the use of 
     the Montgomery GI bill benefits if the reservists remain 
     members in good standing of the Selected Reserve.
       Section 602: Provides for a demonstration program on 
     unlimited use of military commissary stores for reserve 
     component members.
       Section 603: Directs the Secretary of Defense to develop 
     rules for Reserve Component Members and their families to 
     travel on Department of Defense Aircraft on a space available 
     basis.
       Section 604: Makes permanent the eligibility for veterans' 
     home loan guarantees for members of the Selected Reserves. 
     Reserve eligibility is to expire October 1999.
       Section 701: Provides a tax incentive to businesses that 
     employ National Guard and Reserve personnel. A business can 
     receive a tax credit of up to $2000.00 per year, per employee 
     for a member of the Guard and Reserve who is absent from 
     employment for the purpose of performing Active Duty 
     assignments.

  Mr. BOND. Mr. President, I am proud to join with my colleague and co-
chair of the Senate National Guard Caucus, Senator Ford to introduce a 
bill today to bolster the recognition of the National Guard and reserve 
components by the Department of Defense. The bill entitled the National 
Guard and Reserve Components Equity Act of 1998.
  Since the Senate National Guard Caucus was established in 1987, 
Senator Ford and I and the sixty five other members have worked 
tirelessly to insure the adequate resourcing of the National Guard and 
reserves. This year will be Senator Ford's final year as Caucus co-
chair. I will sorely miss his advise and counsel. The legislation we 
lay before you this day is testimony to his commitment to improving the 
quality of life standards for our nations active, Guard and reserve 
component service members. He and I have worked to include major 
quality of life and resourcing issues highlighted by reserve and 
National Guard Associations.
  This bill seeks to provide overdue recognition and benefits to the 
nation's reservists and Guard personnel and their families. For too 
long, the nation's reservists and National Guardsmen and women have 
been the recipients of less than a full commitment by the Department of 
Defense. The bill we have introduced will stir some controversy I am 
sure, but these men and women deserve our support. As we ask more and 
more of our reserve and Guard we owe it to the people who we ask to go 
into harm's way, to provide them with equality in pay, equality in 
fielded equipments and equality in training. We owe it to their 
families to provide them with equal access to commissaries and space 
available travel. We owe it to them to continue reservist eligibility 
for VA home loans and repeal Montgomery Bill limitations for Selected 
Reservists. We need to do all this and more. We must also recognize the 
sacrifices made by reservist and Guard employers. This bill addresses 
each of these issues. We must remove any semblance of second class 
status from the shoulders of these professional and dedicated 
individuals.
  Reserve and Guard components are being called upon to integrate 
themselves into the tactical operations of the nation's defense plans, 
in order to do this effectively, the systems used by the components 
must be compatible. That is not the case today. In many instances, 
radios and data transfer equipments are incompatible. For instance many 
artillery units operate independently because they are unable to 
coordinate their operations. I could hardly believe it, but many 
fighter aircraft units suffer the same fate, and you can imagine that 
the theater commanders don't care to have independent fighter units 
involved in heavily coordinated and multi-national operations. 
Digitization, situational awareness data link upgrades and avionics 
modernization of reserve and Guard units is imperative. This bill 
directs the Secretary of Defense to develop a master plan for the 
modernization of these components.
  The bill also addresses the use of Guard and reserve component 
personnel in response to an emergency involving a weapon of mass 
destruction; to include their integration with efforts of the Federal 
Emergency Management Agency.
  Family issues are addressed, as well. As I mentioned earlier, there 
are provisions for demonstration program for unlimited use of military 
commissionaries by reserve component members, and for the development 
of rules governing Space Available Travel for reservists and their 
families.
  I urge my colleagues to review this bill, sign on and help us to 
provide these and other long overdue measures to bring equity in 
individual recognition and resource allocation to these vital 
components of our national security.
                                 ______