NATIONAL GUARD BUREAU CHARTER.

SEC. 904. NATIONAL GUARD BUREAU CHARTER. (a) In General.— Subtitle E of title 10, United States Code, as added by section 1611, is amended by inserting after chapter 1009, as added by section 1661(b), the following new chapter: “CHAPTER 1011— NATIONAL GUARD BUREAU “10501. National Guard Bureau. “10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade. “10503. Functions of National Guard Bureau: charter from Secretaries of the Army and Air Force. “10504. Chief of National Guard Bureau: annual report. “10505. Vice Chief of the National Guard Bureau. “10506. Other senior National Guard Bureau officers. “10508. Definition. “§ 10501. National Guard Bureau “(a) National Guard Bureau.— There is in the Department of Defense the National Guard Bureau, which is a joint bureau of the Department of the Army and the Department of the Air Force. “(b) Purposes.— The National Guard Bureau is the channel of communications on all matters pertaining to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States between (1) the Department of the Army and Department of the Air Force, and (2) the several States. “§ 10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade “(a) Appointment.— There is a Chief of the National Guard Bureau, who is responsible for the organization and operations of the National Guard Bureau. The Chief of the National Guard Bureau is appointed by the President, by and with the advice and consent of the Senate. Such appointment shall be made from officers of the Army National Guard of the United States or the Air National Guard of the United States who— “(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; “(2) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and “(3) are in a grade above the grade of brigadier general. “(b) Term of Office.— An officer appointed as Chief of the National Guard Bureau serves at the pleasure of the President for a term of four years. An officer may not hold that office after becoming 64 years of age. An officer may be reappointed as Chief of the National Guard Bureau. While holding that office, the Chief of the National Guard Bureau may not be removed from the reserve active-status list, or from an active status, under any provision of law that otherwise would require such removal due to completion of a specified number of years of service or a specified number of years of service in grade. “(c) Adviser on National Guard Matters.— The Chief of the National Guard Bureau is the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters 108 STAT. 2825relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States. “(d) Grade.— The Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general. “§ 10503. Functions of National Guard Bureau: charter from Secretaries of the Army and Air Force “The Secretary of the Army and the Secretary of the Air Force shall jointly develop and prescribe a charter for the National Guard Bureau. The charter shall cover the following matters: “(1) Allocating unit structure, strength authorizations, and other resources to the Army National Guard of the United States and the Air National Guard of the United States. “(2) Prescribing the training discipline and training requirements for the Army National Guard and the Air National Guard and the allocation of Federal funds for the training of the Army National Guard and the Air National Guard. “(3) Ensuring that units and members of the Army National Guard and the Air National Guard are trained by the States in accordance with approved programs and policies of, and guidance from, the Chief, the Secretary of the Army, and the Secretary of the Air Force. “(4) Monitoring and assisting the States in the organization, maintenance, and operation of National Guard units so as to provide well-trained and well-equipped units capable of augmenting the active forces in time of war or national emergency. “(5) Planning and administering the budget for the Army National Guard of the United States and the Air National Guard of the United States. “(6) Supervising the acquisition and supply of, and accountability of the States for, Federal property issued to the National Guard through the property and fiscal officers designated, detailed, or appointed under section 708 of title 32. “(7) Granting and withdrawing, in accordance with applicable laws and regulations, Federal recognition of (A) National Guard units, and (B) officers of the National Guard. “(8) Establishing policies and programs for the employment and use of National Guard technicians under section 709 of title 32. “(9) Supervising and administering the Active Guard and Reserve program as it pertains to the National Guard. “(10) Issuing directives, regulations, and publications consistent with approved policies of the Army and Air Force, as appropriate. “(11) Facilitating and supporting the training of members and units of the National Guard to meet State requirements. “(12) Such other functions as the Secretaries may prescribe. “§ 10504. Chief of National Guard Bureau: annual report “(a) Annual Report.— The Chief of the National Guard Bureau shall submit to the Secretary of Defense, through the Secretaries of the Army and the Air Force, an annual report on the state of the National Guard and the ability of the National Guard to meet its missions. The report shall be prepared in conjunction with the Secretary of the Army and the Secretary of the Air Force and may be submitted in classified and unclassified versions. 108 STAT. 2826 “(b) Submission of Report to Congress.— The Secretary of Defense shall transmit the annual report of the Chief of the National Guard Bureau to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113(c) of this title is submitted to Congress. “§ 10505. Vice Chief of the National Guard Bureau “(a) Appointment.— (1) There is a Vice Chief of the National Guard Bureau, selected by the Secretary of Defense from officers of the Army National Guard of the United States or the Air National Guard of the United States who— “(A) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; “(B) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard; and “(C) are in a grade above the grade of colonel. “(2) The Chief and Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force. “(3) (A) Except as provided in subparagraph (B), an officer appointed as Vice Chief of the National Guard Bureau serves for a term of four years, but may be removed from office at any time for cause. “(B) The term of the Vice Chief of the National Guard Bureau shall end upon the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief. “(4) The Secretary of Defense may waive the restrictions in paragraph (2) and the provisions of paragraph (3)(B) for a limited period of time to provide for the orderly transition of officers appointed to serve in the positions of Chief and Vice Chief of the National Guard Bureau. “(b) Duties.— The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau. “(c) Grade.— The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of major general. “(d) Functions as Acting Chief.— When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence or disability ceases. “(e) Succession After Chief and Vice Chief.— When there is a vacancy in the offices of both Chief and Vice Chief of the National Guard Bureau or in the absence or disability of both the Chief and Vice Chief of the National Guard Bureau, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty with the National Guard Bureau shall perform the duties of the Chief until a successor to the Chief or Vice Chief is appointed or the absence or disability of the Chief or Vice Chief ceases, as the case may be. 108 STAT. 2827 “§ 10506. Other senior National Guard Bureau officers “(a) Additional General Officers.— (1) In addition to the Chief and Vice Chief of the National Guard Bureau, there shall be assigned to the National Guard Bureau— “(A) two general officers selected by the Secretary of the Army from officers of the Army National Guard of the United States who have been nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom while so serving shall hold the grade of major general and serve as Director, Army National Guard, with the other serving as Deputy Director, Army National Guard; and “(B) two general officers selected by the Secretary of the Air Force from officers of the Air National Guard of the United States who have been nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard, the senior of whom while so serving shall hold the grade of major general and serve as Director, Air National Guard, with the other serving as Deputy Director, Air National Guard. “(2) The officers so selected shall assist the Chief of the National Guard Bureau in carrying out the functions of the National Guard Bureau as they relate to their respective branches. “(b) Other Officers.— There are in the National Guard Bureau a legal counsel, a comptroller, and an inspector general, each of whom shall be appointed by the Chief of the National Guard Bureau. They shall perform such duties as the Chief may prescribe. “§ 10508. Definition “In this chapter, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin Islands.”. (b) Conforming Repeal.— (1) Section 3040 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 305 of such title is amended by striking out the item relating to section 3040. (c) Conforming Amendment.— The text of section 108 of title 32, United States Code, is amended to read as follows: “If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.”. (d) Effective Date.— The provisions of chapter 1011 of title 10, United States Code, as added by subsection (a), shall become effective, and the repeal made by subsection (c) and the amendment made by subsection (c) shall take effect, at the end of the 90-day period beginning on the date of the enactment of this Act.