Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HM 971 Florida National Guard
SPONSOR(S): Daley and others
TIED BILLS:       IDEN./SIM. BILLS: SM 1036
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Local Administration, Federal Affairs & Special          17 Y, 0 N               Mwakyanjala        Darden
       Districts Subcommittee
    2) State Affairs Committee                                  19 Y, 0 N               Mwakyanjala        Williamson
                                               SUMMARY ANALYSIS
The Florida National Guard (FLNG) consists of organized, armed, equipped, and federally recognized enlisted
personnel, commissioned officers, and warrant officers who are citizens of the United States, or who have
declared their intention to become citizens of the United States. The Governor is the commander in chief of all
militia of the state and is responsible for appointing the Adjutant General, who serves as the Commanding
General of the state’s militia. As of September 2022, the FLNG was composed of 10,314 personnel in the
Army National Guard and 2,165 personnel in the Air National Guard, for total authorized personnel of 12,479.
At the federal level, the National Guard Bureau functions as the channel of communications on all matters
pertaining to the National Guard between the Departments of the Army and the Air Force and the states. The
National Guard Bureau is required to submit an annual report to the Secretary of Defense identifying the
personnel, training, and equipment required by the non-federalized National Guard.
The memorial urges the United States Congress to require the United States National Guard Bureau to
examine the resource allocations for the FLNG and allow an increase in its force structure. The memorial calls
for copies to be dispatched to the President of the United States, the President of the United States Senate,
the Speaker of the United States House of Representatives, the United States Secretary of State, and each
member of the Florida delegation to the United States Congress.
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal
government to act on a particular subject.
This memorial does not have a fiscal impact on the state or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0971c.SAC
DATE: 4/11/2023
                                                         FULL ANALYSIS
                                                  I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         National Guard
         The National Defense Act of 19161 established the National Guard Bureau (NGB) as a separate unit of
         the militia division of the federal government.2 In 1948, the Secretary of Defense of the United States
         issued an order designating the NGB as a joint bureau of the Departments of the Army and Air Force. 3
         The NGB functions as the channel of communications on all matters pertaining to the National Guard
         between the Departments of the Army and the Air Force and the states.4 The Secretary of Defense, in
         consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the Army and the Air
         Force, prescribes a charter for the NGB that includes the allocation of unit structure and strength
         authorizations for the National Guard in each state.5 The NGB must submit an annual report to the
         Secretary of Defense, through the Secretaries of the Army and the Air Force, identifying the personnel,
         training, and equipment required by the non-federalized National Guard.6
         The National Guard is unique among militia in that it serves the country in both the local community and
         overseas. The dual mission of a Guard member means that each member serves through both the
         National Guard of the state and through the U.S. Army or the U.S. Air Force. 7
         Florida National Guard
         The Florida National Guard (FLNG) consists of organized, armed, equipped, and federally recognized
         commissioned officers, warrant officers, and enlisted personnel who are citizens of the United States or
         who have declared their intention to become citizens of the United States. The FLNG has separate
         Army and Air Force components that are subject to the Departments of the Army and the Air Force,
         respectively.8 The Governor is the commander in chief of all militia of the state9 and is responsible for
         appointing a federally recognized officer of the FLNG to be the Adjutant General, who serves as the
         Commanding General of the state’s organized militia.10
         As of September 2022, the FLNG was composed of 10,314 personnel in the Army National Guard and
         2,165 personnel in the Air National Guard, for total authorized personnel of 12,479.11 The current
         estimated population of Florida is 22,244,823, ranking as the third most populous state.12 However, the
         percentage of FLNG personnel compared to the state population is 0.0543 percent and National Guard
         strength is 54.3 personnel per 100,000 civilians. The ratio of FLNG personnel to general population is
1 National Defense Act of 1916, H.R. 12766 (Public, No. 85) (June 3, 1916).
2 National Archives, Guide to Federal Records, Records of the National Guard Bureau (NGB), available at
https://www.archives.gov/research/guide-fed-records/groups/168.html (last visited Mar. 10, 2023).
3
  Id.
4 10 U.S.C. s. 10501(b).
5 10 U.S.C. s. 10503(1).
6 10 U.S.C. s. 10504.
7 National Guard, National Guard Fact Sheet, Army National Guard (FY2005), May 3, 2006, available at
https://www.nationalguard.mil/About-the-Guard/Army-National-Guard/Resources/News/ARNG-Media/FileId/137011/ (last visited Mar.
10, 2023).
8 S. 250.07, F.S.
9 Art. IV, s. 1(a), Fla. Const.
10 S. 250.10, F.S. 32 U.S.C. S. 314(a) requires an adjutant general in each state and requires the adjutant general to perform the duties
prescribed by the laws of the state of appointment.
11 Department of Defense, Defense Manpower Data Center, Military and Civilian Personnel by Service/Agency by State/Country
(Updated Quarterly), Septemb er 2022, available at https://dwp.dmdc.osd.mil/dwp/app/dod-data-reports/workforce-reports (last visited
on Mar. 7, 2023). Troop numbers are unavailable for December 2022 due to the Army’s conversion o f its Integrated Personnel and Pay
System. Due to this conversion, the Army did not provide military personnel for end -of-December 2022. See Military and Civilian
Personnel by Service/Agency by State/Country (Updated Quarterly) Decemb er 2022, available at
https://dwp.dmdc.osd.mil/dwp/app/dod-data-reports/workforce-reports (last visited on Mar. 7, 2023).
12 United States Census Bureau, QuickFacts Florida, available at https://www.census.gov/quickfacts/FL (last visited Mar. 7, 2023).
STORAGE NAME: h0971c.SAC                                                                                                         PAGE: 2
DATE: 4/11/2023
        less than states such as Alabama, Georgia, Mississippi, or Minnesota that have similarly sized Guard
        contingents but significantly smaller state populations.13
        Effect of the Memorial
        The memorial urges the United States Congress to require the NGB to examine the resource
        allocations of the FLNG and allow an increase in its force structure. The memorial directs the Secretary
        of State to dispatch copies of the memorial to the President of the United States, the President of the
        United States Senate, the Speaker of the United States House of Representatives, and to each
        member of the Florida delegation to the United States Congress.
        Legislative memorials are not subject to the Governor’s veto power and are not presented to the
        Governor for review. Memorials have no force of law, as they are mechanisms for formally petitioning
        the federal government to act on a particular subject.
     B. SECTION DIRECTORY:
        Not applicable.
                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
     A. FISCAL IMPACT ON STATE GOVERNMENT:
        1. Revenues:
             None.
        2. Expenditures:
             None.
     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
        1. Revenues:
             None.
        2. Expenditures:
             None.
     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        None.
     D. FISCAL COMMENTS:
        None.
                                                       III. COMMENTS
     A. CONSTITUTIONAL ISSUES:
        1. Applicability of Municipality/County Mandates Provision:
           Not applicable. This memorial does not appear to affect county or municipal governments.
        2. Other:
13See “Number of Military and DoD Appropriated Fund (APF) Civilian Personnel” (September 30, 2022), available at
https://dwp.dmdc.osd.mil/dwp/app/dod-data-reports/workforce-reports (last visited Mar. 16, 2023).
STORAGE NAME: h0971c.SAC                                                                                           PAGE: 3
DATE: 4/11/2023
           None.
   B. RULE-MAKING AUTHORITY:
       The memorial neither authorizes nor requires executive branch rulemaking.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   None.
STORAGE NAME: h0971c.SAC                                                           PAGE: 4
DATE: 4/11/2023