[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 430

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 SENATE OF THE UNITED STATES

                            January 30, 2007

   Mr. Bond (for himself, Mr. Leahy, Mr. Nelson of Nebraska, and Ms. 
Snowe) introduced the following bill; which was read twice and 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 Guard Empowerment Act of 
2007''.

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 of 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 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 
        adviser''.
            (2) Member of joint chiefs of staff.--(A) Such section is 
        further amended--
                    (i) by redesignating subsections (d) and (e) as 
                subsections (e) and (f), respectively; 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 adjutants general 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 
        title 10, United States Code, 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.''.

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. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT GENERAL GRADE.

    (a) Treatment of Service as Adjutant General as Joint Duty 
Experience.--
            (1) Directors of army and air national guard.--Section 
        10506(a)(3) of title 10, United States Code, is amended--
                    (A) by redesignating subparagraphs (C), (D), and 
                (E) as subparagraphs (D), (E), and (F), respectively; 
                and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph (C):
    ``(C) Service of an officer as adjutant general shall be treated as 
joint duty experience for purposes of subparagraph (B)(ii).''.
            (2) Other officers.--The service of an officer of the Armed 
        Forces as adjutant general, or as an officer (other than 
        adjutant general) of the National Guard of a State who performs 
        the duties of adjutant general under the laws of such State, 
        shall be treated as joint duty or joint duty experience for 
        purposes of any provisions of law required such duty or 
        experience as a condition of promotion.
    (b) Reports on Promotion of Reserve Major Generals to Lieutenant 
General Grade.--
            (1) Review required.--The Secretary of the Army and the 
        Secretary of the Air Force shall each conduct a review of the 
        promotion practices of the military department concerned in 
        order to identify and assess the practices of such military 
        department in the promotion of reserve officers from major 
        general grade to lieutenant general grade.
            (2) Reports.--Not later than 60 days after the date of the 
        enactment of this Act, the Secretary of the Army and the 
        Secretary of the Air Force shall each submit to the 
        congressional defense committees a report on the review 
        conducted by such official under paragraph (1). Each report 
        shall set forth--
                    (A) the results of such review; and
                    (B) a description of the actions intended to be 
                taken by such official to encourage and facilitate the 
                promotion of additional reserve officers from major 
                general grade to lieutenant general grade.
            (3) Congressional defense committees defined.--In this 
        subsection, the term ``congressional defense committees'' 
        means--
                    (A) the Committees on Armed Services and 
                Appropriations of the Senate; and
                    (B) the Committees on Armed Services and 
                Appropriations of the House of Representatives.

SEC. 5. 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.

SEC. 6. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE ANNUAL PLAN FOR 
              RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS.

    (a) Requirement for Annual Plan.--Not later than March 1, 2007, and 
each March 1 thereafter, the Secretary of Defense, in consultation with 
the commander of the United States Northern Command and the Chief of 
the National Guard Bureau, shall prepare and submit to Congress a plan 
for coordinating the use of the National Guard and members of the Armed 
Forces on active duty when responding to natural disasters, acts of 
terrorism, and other man-made disasters as identified in the national 
planning scenarios described in subsection (e).
    (b) Information To Be Provided to Secretary.--To assist the 
Secretary of Defense in preparing the plan, the National Guard Bureau, 
pursuant to its purpose as channel of communications as set forth in 
section 10501(b) of title 10, United States Code, shall provide to the 
Secretary information gathered from Governors, adjutants general of 
States, and other State civil authorities responsible for homeland 
preparation and response to natural and man-made disasters.
    (c) Two Versions.--The plan shall set forth two versions of 
response, one using only members of the National Guard, and one using 
both members of the National Guard and members of the regular 
components of the Armed Forces.
    (d) Matters Covered.--The plan shall cover, at a minimum, the 
following:
            (1) Protocols for the Department of Defense, the National 
        Guard Bureau, and the Governors of the several States to carry 
        out operations in coordination with each other and to ensure 
        that Governors and local communities are properly informed and 
        remain in control in their respective States and communities.
            (2) An identification of operational procedures, command 
        structures, and lines of communication to ensure a coordinated, 
        efficient response to contingencies.
            (3) An identification of the training and equipment needed 
        for both National Guard personnel and members of the Armed 
        Forces on active duty to provide military assistance to civil 
        authorities and for other domestic operations to respond to 
        hazards identified in the national planning scenarios.
    (e) National Planning Scenarios.--The plan shall provide for 
response to the following hazards:
            (1) Nuclear detonation, biological attack, biological 
        disease outbreak/pandemic flu, the plague, chemical attack-
        blister agent, chemical attack-toxic industrial chemicals, 
        chemical attack-nerve agent, chemical attack-chlorine tank 
        explosion, major hurricane, major earthquake, radiological 
        attack-radiological dispersal device, explosives attack-bombing 
        using improvised explosive device, biological attack-food 
        contamination, biological attack-foreign animal disease and 
        cyber attack.
            (2) Any other hazards identified in a national planning 
        scenario developed by the Homeland Security Council.

SEC. 7. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD 
              EQUIPMENT.

    Section 10541 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Each report under this section concerning equipment of the 
National Guard shall also include the following:
            ``(1) A statement of the accuracy of the projections 
        required by subsection (b)(5)(D) contained in earlier reports 
        under this section, and an explanation, if the projection was 
        not met, of why the projection was not met.
            ``(2) A certification from the Chief of the National Guard 
        Bureau setting forth an inventory for the preceding fiscal year 
        of each item of equipment--
                    ``(A) for which funds were appropriated;
                    ``(B) which was due to be procured for the National 
                Guard during that fiscal year; and
                    ``(C) which has not been received by a National 
                Guard unit as of the close of that fiscal year.''.
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