[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5200 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5200

To amend title 10, United States Code, to enhance the national defense 
 through empowerment of the Chief of the National Guard Bureau and the 
  enhancement of the functions of the National Guard Bureau, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2006

Mr. Tom Davis of Virginia (for himself, Mr. Taylor of Mississippi, Mr. 
 Gibbons, Mr. Hayes, Mr. Wilson of South Carolina, and Mrs. Miller of 
  Michigan) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to enhance the national defense 
 through empowerment of the Chief of the National Guard Bureau and the 
  enhancement of the functions of the National Guard Bureau, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Enhancement and 
National Guard Empowerment Act of 2006''.

SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND 
              EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.

    (a) Expanded Authority.--
            (1) In general.--Subsection (a) of section 10501 of title 
        10, United States Code, is amended by striking ``joint bureau 
        of the Department of the Army and the Department of the Air 
        Force'' and inserting ``joint activity of the Department of 
        Defense''.
            (2) Purpose.--Subsection (b) of such section is amended by 
        striking ``between'' and all that follows and inserting 
        ``between--
            ``(1)(A) the Secretary of Defense, the Joint Chiefs of 
        Staff, and the commanders of the combatant commands for the 
        United States, and (B) the Department of the Army and the 
        Department of the Air Force; and
            ``(2) the several States.''.
    (b) Enhancements of Position of Chief of the National Guard 
Bureau.--
            (1) Advisory function on national guard matters.--
        Subsection (c) of section 10502 of title 10, United States 
        Code, is amended by inserting ``to the Secretary of Defense, to 
        the Chairman of the Joint Chiefs of Staff,'' after ``principal 
        advisor''.
            (2) Member of joint chiefs of staff.--(A) Such section is 
        further amended--
                    (i) by redesignating subsection (d) as subsection 
                (e); and
                    (ii) by inserting after subsection (c) the 
                following new subsection (d):
    ``(d) Member of Joint Chiefs of Staff.--The Chief of the National 
Guard Bureau shall perform the duties prescribed for him or her as a 
member of the Joint Chiefs of Staff under section 151 of this title.''.
            (B) Section 151(a) of such title is amended by adding at 
        the end the following new paragraph:
            ``(7) The Chief of the National Guard Bureau.''.
            (3) Grade.--Subsection (e) of such section, as redesignated 
        by paragraph (2)(A)(i) of this subsection, is further amended 
        by striking ``lieutenant general'' and inserting ``general''.
            (4) Annual report to congress on validated requirements.--
        Section 10504 of such title is amended by adding at the end the 
        following new subsection:
    ``(c) Annual Report on Validated Requirements.--Not later than 
December 31 each year, the Chief of the National Guard Bureau shall 
submit to Congress a report on the following:
            ``(1) The requirements validated under section 10503a(b)(1) 
        of this title during the preceding fiscal year.
            ``(2) The requirements referred to in paragraph (1) for 
        which funding is to be requested in the next budget for a 
        fiscal year under section 10544 of this title.
            ``(3) The requirements referred to in paragraph (1) for 
        which funding will not be requested in the next budget for a 
        fiscal year under section 10544 of this title.''.
    (c) Enhancement of Functions of National Guard Bureau.--
            (1) Development of charter.--Section 10503 of title 10, 
        United States Code, is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The Secretary of the Army and the Secretary 
                of the Air Force shall jointly develop'' and inserting 
                ``The Secretary of Defense, in consultation with the 
                Secretary of the Army and the Secretary of the Air 
                Force, shall develop''; and
                    (B) in paragraph (12), by striking ``the 
                Secretaries'' and inserting ``the Secretary of 
                Defense''.
            (2) Additional general functions.--Such section is further 
        amended--
                    (A) by redesignating paragraph (12), as amended by 
                paragraph (1)(B) of this subsection, as paragraph (13); 
                and
                    (B) by inserting after paragraph (11) the following 
                new paragraph (12):
            ``(12) Facilitating and coordinating with other Federal 
        agencies, and with the several States, the use of National 
        Guard personnel and resources for and in contingency 
        operations, military operations other than war, natural 
        disasters, support of civil authorities, and other 
        circumstances.''.
            (3) Military assistance for civil authorities.--Chapter 
        1011 of such title is further amended by inserting after 
        section 10503 the following new section:
``Sec. 10503a. Functions of National Guard Bureau: military assistance 
              to civil authorities
    ``(a) Identification of Additional Necessary Assistance.--The Chief 
of the National Guard Bureau shall--
            ``(1) identify gaps between Federal and State capabilities 
        to prepare for and respond to emergencies; and
            ``(2) make recommendations to the Secretary of Defense on 
        programs and activities of the National Guard for military 
        assistance to civil authorities to address such gaps.
    ``(b) Scope of Responsibilities.--In meeting the requirements of 
subsection (a), the Chief of the National Guard Bureau shall, in 
coordination with the Adjutant Generals of the States, have 
responsibilities as follows:
            ``(1) To validate the requirements of the several States 
        and Territories with respect to military assistance to civil 
        authorities.
            ``(2) To develop doctrine and training requirements 
        relating to the provision of military assistance to civil 
        authorities.
            ``(3) To acquire equipment, materiel, and other supplies 
        and services for the provision of military assistance to civil 
        authorities.
            ``(4) To assist the Secretary of Defense in preparing the 
        budget required under section 10544 of this title.
            ``(5) To administer amounts provided the National Guard for 
        the provision of military assistance to civil authorities.
            ``(6) To carry out any other responsibility relating to the 
        provision of military assistance to civil authorities as the 
        Secretary of Defense shall specify.
    ``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall 
assist the Chief of the National Guard Bureau in carrying out 
activities under this section.
    ``(d) Consultation.--The Chief of the National Guard Bureau shall 
carry out activities under this section in consultation with the 
Secretary of the Army and the Secretary of the Air Force.''.
            (4) Budgeting for training and equipment for military 
        assistance to civil authorities and other domestic missions.--
        Chapter 1013 of title 10, United States Code, is amended by 
        adding at the end the following new section:
``Sec. 10544. National Guard training and equipment: budget for 
              military assistance to civil authorities and for other 
              domestic operations
    ``(a) In General.--The budget justification documents materials 
submitted to Congress in support of the budget of the President for a 
fiscal year (as submitted with the budget of the President under 
section 1105(a) of title 31) shall specify separate amounts for 
training and equipment for the National Guard for purposes of military 
assistance to civil authorities and for other domestic operations 
during such fiscal year.
    ``(b) Scope of Funding.--The amounts specified under subsection (a) 
for a fiscal year shall be sufficient for purposes as follows:
            ``(1) The development and implementation of doctrine and 
        training requirements applicable to the assistance and 
        operations described in subsection (a) for such fiscal year.
            ``(2) The acquisition of equipment, materiel, and other 
        supplies and services necessary for the provision of such 
        assistance and such operations in such fiscal year.''.
            (5) Limitation on increase in personnel of national guard 
        bureau.--The Secretary of Defense shall, to the extent 
        practicable, ensure that no additional personnel are assigned 
        to the National Guard Bureau in order to address administrative 
        or other requirements arising out of the amendments made by 
        this subsection.
    (d) Conforming and Clerical Amendments.--
            (1) Conforming amendment.--The heading of section 10503 of 
        such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
            (2) Clerical amendments.--(A) The table of sections at the 
        beginning of chapter 1011 of such title is amended by striking 
        the item relating to section 10503 and inserting the following 
        new items:

``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to 
                            civil authorities.''.
            (B) The table of sections at the beginning of chapter 1013 
        of such title is amended by adding at the end the following new 
        item:

``10544. National Guard training and equipment: budget for military 
                            assistance to civil authorities and for 
                            other domestic operations.''.
    (e) Termination of Position of Assistant to Chairman of Joint 
Chiefs of Staff for National Guard Matters.--Section 901 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 111 Stat. 1853; 10 U.S.C. 155 note) is amended to read as 
follows:

``SEC. 901. ASSISTANT TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR 
              RESERVE MATTERS.

    ``(a) In General.--There is within the Joint Staff the position of 
Assistant to the Chairman of the Joint Chiefs of Staff for Reserve 
Matters.
    ``(b) Selection.--The Assistant to the Chairman of the Joint Chiefs 
of Staff for Reserve Matters shall be selected by the Chairman from 
officers of the Army Reserve, the Navy Reserve, the Marine Corps 
Reserve, or the Air Force Reserve who--
            ``(1) are recommended for such selection by the Secretary 
        of the military department concerned;
            ``(2) have had at least 10 years of commissioned service in 
        their reserve component; and
            ``(3) are in a grade above colonel or, in the case the Navy 
        Reserve, captain.
    ``(c) Term of Office.--The Assistant to the Chairman of the Joint 
Chiefs of Staff for Reserve Matters serves at the pleasure of the 
Chairman for a term of two years and may be continued in that 
assignment in the same manner, for one additional term. However, in a 
time of war there is no limit on the number of terms.
    ``(d) Grade.--The Assistant to the Chairman of the Joint Chiefs of 
Staff for Reserve Matters while so serving, holds the grade of major 
general or, in the case of the Navy Reserve, rear admiral. The officer 
serving in the position shall be considered to be serving in a position 
external to that officer's Armed Force for purposes of section 721 of 
title 10, United States Code.
    ``(e) Duties.--The Assistant to the Chairman of the Joint Chiefs of 
Staff for Reserve Matters is an advisor to the Chairman on matters 
relating to the reserves and performs the duties prescribed for the 
position by the Chairman.
    ``(f) Other Reserve Component Representation on Joint Staff.--The 
Secretary of Defense, in consultation with the Chairman of the Joint 
Chiefs of Staff, shall develop appropriate policy guidance to ensure 
that, to the maximum extent practicable, the level of reserve component 
officer representation within the Joint Staff is commensurate with the 
significant role of the reserve components within the Total Force.''.

SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL 
              AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST.

    (a) Sense of Congress.--It is the sense of Congress that, whenever 
officers are considered for promotion to the grade of lieutenant 
general, or vice admiral in the case of the Navy, on the active duty 
list, officers of the reserve components of the Armed Forces who are 
eligible for promotion to such grade should be considered for promotion 
to such grade.
    (b) Proposal.--The Secretary of Defense shall submit to Congress a 
proposal for mechanisms to achieve the objective specified in 
subsection (a). The proposal shall include such recommendations for 
legislative or administrative action as the Secretary considers 
appropriate in order to achieve that objective.
    (c) Notice Accompanying Nominations.--The President shall include 
with each nomination of an officer to the grade of lieutenant general, 
or vice admiral in the case of the Navy, on the active-duty list that 
is submitted to the Senate for consideration a certification that all 
reserve officers who were eligible for consideration for promotion to 
such grade were considered in the making of such nomination.

SEC. 4. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED 
              STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL 
              GUARD OFFICER.

    (a) In General.--The position of Deputy Commander of the United 
States Northern Command shall be filled by a qualified officer of the 
National Guard who is eligible for promotion to the grade of lieutenant 
general.
    (b) Purpose.--The purpose of the requirement in subsection (a) is 
to ensure that information received from the National Guard Bureau 
regarding the operation of the National Guard of the several States is 
integrated into the plans and operations of the United States Northern 
Command.
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