S.Amdt. 1378Senate112th Congress (2011-2013)2nd degree

S.Amdt. 1378

Sponsored by Jack ReedSen. Jack Reed (D-RI)
Submitted November 28, 2011

Text

Submitted

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 1378. Mr. REED submitted an amendment intended to be proposed to
amendment SA 1072 submitted by Mr. Leahy (for himself, Mr. Graham, Mr.
Rockefeller, Ms. Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr.
Begich, Mr. Bennet, Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr.
Boozman, Mrs. Boxer, Mr. Brown of Massachusetts, Mr. Brown of Ohio, Mr.
Burr,

[[Page S7923]]

Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. Conrad,
Mr. Coons, Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. Feinstein,
Mr. Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. Harkin, Mr.
Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, Mr. Johnson of
Wisconsin, Mr. Johnson of South Dakota, Ms. Klobuchar, Ms. Landrieu,
Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs. McCaskill, Mr.
Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs. Murray, Mr. Nelson
of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr. Schumer, Mrs.
Shaheen, Ms. Snowe, Ms. Stabenow, Mr. Tester, Mr. Udall of Colorado,
Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr. Toomey, and Mr.
Kerry) to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

       On page 2, strike line 15 and all that follows through page
     5 line 19, and insert the following:
       ``(A) have had at least 10 years of federally recognized
     service in an active status in the National Guard; and
       ``(B) are in a grade above the grade of brigadier general.
       ``(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 within a reasonable time (as determined by
     the Secretary of Defense) following the appointment of a
     Chief of the National Guard Bureau who is a member of the
     same armed force as the Vice Chief.
       ``(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 lieutenant
     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 of
     disability ceases.''.
       (b) Conforming Amendments.--
       (1) Section 10502 of such title is amended by striking
     subsection (e).
       (2) Section 10506(a)(1) of such title is amended by
     striking ``and the Director of the Joint Staff of the
     National Guard Bureau'' and inserting ``and the Vice Chief of
     the National Guard Bureau''.
       (c) Clerical Amendments.--
       (1) Heading amendment.--The heading of section 10502 of
     such title is amended to read as follows:

     ``Sec. 10502. Chief of the National Guard Bureau:
       appointment; advisor on National Guard matters; grade''.

       (2) Table of sections.--The table of sections at the
     beginning of chapter 1011 of such title is amended--
       (A) by striking the item relating to section 10502 and
     inserting the following new item:

``10502. Chief of the National Guard Bureau: appointment; advisor on
              National Guard matters; grade.'';
     and
       (B) by striking the item relating to section 10505 and
     inserting the following new item:

``10505. Vice Chief of the National Guard Bureau.''.

     SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD
                   BUREAU ON THE JOINT CHIEFS OF STAFF.

       Section 151(a) of title 10, United States Code, is amended
     by adding at the end the following new paragraph:
       ``(7) The Chief of the National Guard Bureau for the
     purpose of addressing issues involving non-federalized
     National Guard forces in support of homeland defense and
     civil support missions.''.

     SEC. 1603A. REPEAL OF REQUIREMENT THAT THE CHIEF OF THE
                   NATIONAL GUARD BUREAU BE APPOINTED FROM AMONG
                   OFFICERS RECOMMENDED FOR APPOINTMENT BY THE
                   GOVERNORS OF THE STATES.

       Section 10502(a) of title 10, United States Code, is
     amended--
       (1) by striking paragraph (1); and
       (2) by redesignating paragraphs (2) through (8) as
     paragraphs (1) through (7), respectively.
                                 ______

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Senate amendment submitted

November 28, 2011