II 110th CONGRESS 1st Session S. 430 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.

1.

Short title

This Act may be cited as the National Guard Empowerment Act of 2007.

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:

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:

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:

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. .

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.

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.

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.

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.

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. .