RESERVE COMPONENTS OF THE ARMED FORCES AND NATIONAL GUARD TECHNICIANS MONDAY, JUNE 26, 1967 U.S. SENATE, COMMITTEE ON ARMED SERVICES, The committee met, pursuant to notice, at 10:30 a.m., in room 212, Old Senate Office Building, Senator Richard B. Russell (chairman) presiding. Present: Senators Russell, Stennis, Symington, Ervin, Cannon, Young (Ohio), McIntyre, Byrd, Jr. (Virginia), Smith, Thurmond, and Miller. Also present: William H. Darden, chief of staff; T. Edward Braswell, Jr., professional staff member; Charles B. Kirbow, chief clerk; and Herbert S. Atkinson, assistant chief clerk. Chairman RUSSELL. The committee will please come to order. This morning the committee begins hearings on H.R. 2, known as the Reserve bill of rights. This legislation has been pending in Congress for some time, and proposes a number of changes for Reserve components ranging from the establishment of mandatory strength floors for each of the selected Reserve components to the creation of the equivalent of a State National Guard headquarters for the Governor of the Virgin Islands, and to the conversion of the National Guard technicians to Federal employees for all purposes. (H.R. 2 follows:) [H.R. 2, 90th Cong., first sess.] AN ACT To amend titles 10, 14, 32, and 37, United States Code, to strengthen the reserve components of the armed forces, and clarify the status of National Guard technicians, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title I of this Act may be cited as the "Reserve Forces Bill of Rights and Vitalization Act". TITLE I-RESERVE FORCES SEC. 101. Title 10, United States Code, is amended as follows: (1) Section 101(2) is amended by inserting "Except as provided in section 101(1) of title 32 for laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States," before "Territory' means". (2) Section 136(a) is amended by striking out "seven" and inserting "eight" in place thereof. (3) Section 136(b) is amended by inserting after the first sentence the following: "One Assistant Secretary shall be the Assistant Secretary of Defense for Reserve Affairs and shall, as his principal duty, be responsible for the administration, operation, and readiness of the reserve components of the armed forces under the Department of Defense." (4) The text of section 175 is amended to read as follows: "(a) There is in the Office of the Secretary of Defense a Reserve Forces Policy Board consisting of "(1) the Assistant Secretary of Defense for Reserve Affairs who is Chairman of the Board; "(2) the Assistant Secretary of each of the military departments, designated under section 264 (b) of this title, who is responsible for reserve affairs in his department; "(3) an officer of the Regular Army designated by the Secretary of the Army; "(4) an officer of the Regular Navy or Regular Marine Corps designated by the Secretary of the Navy; "(5) an officer of the Regular Air Force designated by the Secretary of the Air Force; "(6) four reserve officers designated by the Secretary of the Army. two of whom must be members of the Army National Guard of the United States, and two of whom must be members of the Army Reserve; "(7) four reserve officers designated by the Secretary of the Navy, two of whom must be members of the Naval Reserve, and two of whom must be members of the Marine Corps Reserve; "(8) four reserve officers designated by the Secretary of the Air Force, two of whom must be members of the Air National Guard of the United States, and two of whom must be members of the Air Force Reserve; "(9) three civilian members, representatives of the labor, industrial, and educational communities, designated by the Secretary of Defense; and "(10) a reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general or flag officer, designated by the Chairman of the Board and who serves without vote as military adviser to the Chairman and as executive officer of the Board. "(b) Whenever the Coast Guard is not operating as a service in the Navy, the Secretary of the Treasury may designate an officer of the Regular Coast Guard or the Coast Guard Reserve to serve as a voting member of the Board. "(c) The Board, acting through the Assistant Secretary of Defense for Reserve Affairs appointed under section 136 (b) of this title, is the principal policy adviser to the Secretary of Defense on matters relating to the reserve components. "(d) This section does not affect the committees on reserve policies prescribed by section 3033, 5251, 5252, or 8033 of this title. "(e) A member of a committee or board prescribed under a section listed in subsection (d) may, if otherwise eligible, be a member of the Reserve Forces Policy Board. "(f) The Board shall act on those matters referred to it by the Chairman and, in addition, on any matter raised by a member of the Board. However, a majority of the members present may agree to postpone or table any matter referred to the Board by either the Chairman or a member of the Board. "(g) The Board shall meet at least once every three months and at such other times as the Chairman may determine." (5) Section 262 is amended by striking out "the reserve components" and inserting "each reserve component" in place thereof. (6) The text of section 264 is amended to read as follows: "(a) The Assistant Secretary of Defense for Reserve Affairs has responsibility for reserve affairs of the Department of Defense. "(b) The Secretary concerned shall designate an Assistant Secretary of his department who shall have as his principal duty responsibility for the establishment and execution of policy on all matters related to manpower and reserve affairs. The Assistant Secretary shall, in connection with reserve affairs, be responsible for the administration, operation, and readiness of the reserve components under that department. "(c) The Secretary concerned shall designate a general or flag officer for each reserve component under his jurisdiction to be directly responsible for reserve affairs to the Chief of Naval Operations, the Commandant of the Marine Corps, and the Commandant of the Coast Guard, as the case may be. This subsection does not affect the functions of the Chief of the National Guard Bureau, the Chief of Army Reserve, or the Chief of Air Force Reserve. "(d) The Secretary concerned is responsible for providing the personnel, equipment, facilities, and other general logistic support necessary to enable units and Reserves in the Selected Reserve of the reserve components under this jurisdiction to satisfy the mobilization readiness requirements established for those units and Reserves in the contingency and war plans approved by the Joint Chiefs of Staff. He shall, when a unit in the Selected Reserve is established and designated, expediously procure, issue, and maintain supplies and equipment of combat standard quality in amounts required for the training of each unit and shall store and maintain such additional supplies and equipment of that quality that are required by those units upon mobilization. However, if the Secretary concerned determines that compliance with the preceding provisions of this subsection will jeopardize the national security interests of the United States, he may temporarily waive compliance with these requirements after he has notified Congress in writing setting forth the specific facts and circumstances upon which he made such a determination. Unless specifically authorized by law enacted after the effective date of this section, funds authorized for personnel, supplies, equipment, and facilities for a reserve component may not be transferred or expended for any other purpose." (7) Section 268 is amended by inserting the designation "(a)" at the beginning and adding the following new subsection: "(b) There is a Selected Reserve within the Ready Reserve of each of the following "(1) the Army Reserve; "(2) the Naval Reserve; "(3) the Marine Corps Reserve; "(4) the Air Force Reserve; and "(5) the Coast Guard Reserve The Selected Reserve consists of the Army National Guard of the United States, the Air National Guard of the United States, and such units and Reserves named in clauses (1)-(5) as the Secretary concerned may designate, trained as prescribed in section 270(a) (1) of this title or section 502(a) of title 32, as appropriate." (8) Section 269(e) (1)-(6) is amended to read as follows: "(1) he served on active duty (other than for training) in the armed forces for an aggregate of at least five years; and "(2) he served on active duty (other than for training) in the armed forces for an aggregate of less than four years, but satisfactorily participated, as determined by the Secretary concerned, in an accredited training program in the Ready Reserve for a period which, when added to his period of active duty (other than for training), totals at least five years, or such shorter period as the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, may prescribe for satisfactory participation in an accredited training program designated by the Secretary concerned." (9) Section 270 (a) (1) is amended to read as follows: "(1) participate in the equivalent of at least 48 scheduled drills or training periods during each year and serve on active duty for training or perform annual field training of not less than 14 days (exclusive of traveltime) during each year;". (10) Section 511 (d) is amended to read as follows: "(d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, a non-prior-service person who is under 26 years of age, who is qualified for induction for active duty in an armed force, and who is not under orders to report for induction into an armed force under sections 451-473 of title 50, appendix, may be enlisted in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of six years. Each person enlisted under this subsection shall perform an initial period of active duty for training of not less than four months to commence within 180 days after the date of that enlistment. Notwithstanding the foregoing, a person enlisted under the authority provided by this subsection before July 1. 1966, who has not completed an initial period of active duty for training of four months or more, may be considered to have completed the equivalent of eight weeks of basic training if he has served on active duty, active duty for training, or full-time training duty for 15 days and has satisfactorily participated in 45 scheduled drills or equivalent training periods. However, the additional period of advanced active duty training or full-time training duty required by such enlistee to qualify for the billet in which enlisted must be completed unless such enlistee has received the equivalent training necessary to qualify him for the satisfactory performance of his military assignment repsonsibilities under regulations prescribed by the Secretary concerned. Upon completing such training or its equivalent the member shall be required to satisfactorily perform such other service in the Ready Reserve as may be prescribed by the Secretary of Defense until he has completed a combination of active duty, active duty for training, full-time training duty, and service in the Ready Reserve or National Guard which aggregates a total of six years of satisfactory service, as determined by the Secretary concerned." (11) The text of section 678 is amended to read as follows: "(a) A reserve commissioned officer ordered to active duty (other than for training) under section 672(d) of this title or other provision of law for special assignment in accordance with section 265, 3033, 3496, 8033, or 8496 of this title, or section 708 of title 32, shall be ordered in his reserve grade, and while so serving, is in addition to the authorized numbers and strength in grades of commissioned officers on active duty in the armed force of which he is a member. "(b) A reserve commissioned officer on duty under subsection (a) is eligible for temporary promotion in his armed force without component, and for consideration for permanent appointment as a reserve commissioned officer in a grade higher than that in which he is serving on active duty, to the same extent as if he were not on active duty. "(c) A reserve commissioned officer on duty under subsection (a) who holds a permanent reserve grade, or is selected for permanent promtion to a reserve grade which is higher than the permanent reserve grade in which he is serving on active duty shall be permanently promoted to the higher reserve grade and continue to serve in that grade while on active duty. "(d) To assure that a reserve commissioned officer on duty under subsection (a) receives periodic refresher training in the categories for which he is qualified, the Secretary concerned may detail him to duty with any armed force, or otherwise as the Secretary sees fit." (12) Sections 3013(a), 5034(a), and 8013(a) are each amended by striking out "three" and inserting in place thereof "four" in the first sentence. (13) Section 3015 is amended to read as follows: "§ 3015. National Guard Bureau: appointment of Chief, Deputy Chief, Assistant Chief for Army National Guard, Assistant Chief for Air National Guard, and acting chief; functions, policies, and regulations for the National Guard, Army National Guard of the United States, and Air National Guard of the United States "(a) There is a National Guard Bureau, which is a Joint Bureau of the Department of the Army and the Department of the Air Force, headed by a chief who has direct access to the Secretary of the Army, the Secretary of the Air Force, the Chief of Staff of the Army, and the Chief of Staff of the Air Force, and is the principal adviser to those Chiefs of Staff on National Guard matters. The National Guard Bureau includes a general counsel, a comptroller, and other personnel necessary to discharge its statutory responsibilities. It is "(1) the supervisory and operating agency of the Department of the Army and the Department of the Air Force for the National Guard; "(2) the channel of communication between the departments concerned and the several States, territories, Puerto Rico, the Canal Zone, and the District of Columbia 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; "(3) responsible for preserving and maintaining the integrity of the unit and command structure of the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States as separate and distinct parts of the structure of the Army and of the Air Force. "(b) The President, by and with the advice and consent of the Senate, shall appoint the Chief of the National Guard Bureau, the Deputy Chief of the Na |