HR-10481-119
Referred to the House Committee on Armed Services.
Sponsored by Don Bacon (R-NE)
What it does
This bill would amend two sections of title 10 of the U.S. Code to add the National Guard Relief Foundation to the lists of military welfare societies. Under section 2566, the Defense Department could provide space and services to the Foundation at military installations. Under section 1033, service members could assist the Foundation in an official capacity, which is otherwise restricted for non-federal entities. The bill does not appropriate money.
Who benefits
The National Guard Relief Foundation, which would gain eligibility for space and services on military installations and for help from service members. National Guard members and their families who may receive aid from the Foundation, and who may see its outreach and fundraising improve. Guard units and installations that host its activities may also find coordination easier.
Who is hurt
No group is clearly harmed. Existing listed military aid societies, such as Army Emergency Relief and the Navy-Marine Corps Relief Society, may face modest competition for donors and installation resources. The Defense Department may bear small administrative and space costs. Service members' official time spent on the Foundation's activities could be diverted from other duties.
Supporters argue
Supporters argue the bill would put the National Guard Relief Foundation on equal footing with other recognized military aid societies that already receive installation space and service member assistance. They contend that Guard members, who often live far from large active-duty bases, would benefit from a better-supported charity offering emergency financial help. They note that the change is narrow and adds an organization to existing statutory lists without creating a new program.
Opponents argue
Opponents argue that designating one private charity in statute gives it a government-conferred advantage over other nonprofits serving service members. They contend that using Defense Department space and service member time for a private entity raises questions about equal treatment and appropriate use of military resources. They add that existing authorities and the current listed societies may already meet Guard families' needs, so the change is unnecessary.
Constitutional context
The bill falls under Congress's Article I, Section 8 power to make rules for the government and regulation of the armed forces and to manage federal property under the Property Clause (Art. IV, Sec. 3). It raises no significant constitutional question, and no landmark case squarely governs it.
Checks and balances
Congress adds the entity to statutory lists, while the Defense Department administers the space and service provisions; the bill does not expand executive authority beyond the existing framework, and congressional oversight through the Armed Services Committees continues.
Historical precedent
Sections 2566 and 1033 of title 10 already list other organizations, such as Army Emergency Relief, the Navy-Marine Corps Relief Society, and the Air Force Aid Society, and Congress has previously amended these lists to add organizations.