[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Pages S2145-S2148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Bond):
  S. 2760. A bill to amend title 10, United States Code, to enhance the 
national defense through empowerment of the National Guard, enhancement 
of the functions of the National Guard Bureau, and improvement of 
Federal-State military coordination in domestic emergency response, and 
for other purposes; to the Committee on Armed Services.
  Mr. LEAHY. Mr. President, today I am pleased again to join my friend 
and colleague Senator Kit Bond of Missouri in bringing to the Senate 
another matter of importance to the missions of the National Guard and 
to the dedicated men and women of the Guard who perform these missions.
  Today we are introducing the National Guard Empowerment and State-
National Defense Integration Act of 2008. We introduce this legislation 
on behalf of the 91-member U.S. Senate National Guard Caucus, which we 
co-chair. The military is still not structured properly to respond to 
the domestic emergencies that we know will come again. This legislation 
would take us tangible steps forward in correcting that. Our bill would 
sharpen the Defense Department's focus on helping the National Guard 
respond to domestic emergencies.
  This legislation is a new phase in our bipartisan and bicameral drive 
to empower the Guard for successfully meeting the challenges that our 
States and the Nation are asking the Guard to meet. It would clear away 
bureaucratic cobwebs in the Defense Department's organizational 
structure to improve decision making on homeland defense issues that 
involve the Guard. This bill builds on some of the strong provisions 
enacted from the previous version of the Guard Empowerment Bill in the 
recently enacted fiscal year 2008 Defense Authorization Bill. By 
empowering the National Guard through more responsibilities, 
authorities, and new lines of control, this bill focuses the Defense 
Department's attention on this critical realm of domestic defense. The 
bill structures potential military operations within the U.S. in a way 
outlined by the Constitution, ensuring local and State control--not 
Federal control--in these emergencies.
  We know that the military--the active duty force, the National Guard, 
and the Reserves--has an important role in responding to emergencies at 
home, events like natural disasters. The events of Hurricane Katrina 
and so many other situations have amply underscored that reality. Our 
civilian authorities will continue to want to tap into the resources, 
personnel, and expertise, and there is no question that we need a 
system that permits that. The debate taking place, mostly behind the 
scenes and within the walls of the Pentagon, has been about how we 
structure that response. The goal must be an effective response in line 
with the Constitution. Our national charter protects our basic 
liberties and places sovereignty in the hands of the people through 
government with adequate checks and balances, splitting administration 
among Federal, State, and local levels.
  This Empowerment Bill would be effective because it drives to enhance 
the National Guard, our first military responders. This force has 
stepped up during dire situations time and time again. The National 
Guard takes its responsibility to carry out relief missions at home as 
seriously as it takes its missions abroad as the nation's primary 
military reserve. The National Guard is a locally based force, spread 
out in armories and readiness centers across the country. The Guard can 
flow forces among States through the Emergency Management Assistance 
Compacts process, which helped make the force one of the few shining 
lights in the darkness of the response to Hurricane Katrina. The 
National Guard has units that specialize in civil support, including 
highly trained, full-time teams located in every one of our States. The 
bottom line is that the Guard has shown that it can do this mission and 
do it superbly.

  The approach of the Empowerment Bill is constitutional because it 
properly involves every layer of Government. It is our mayors, our 
public safety chiefs, and our Governors who are responsible for the 
security of their communities. Under our governmental system, they are 
the ones that should be in control of emergency situations and any 
Federal assets that come in should be strictly in support of them--
certainly not the other way around. The Guard is a State force that 
works closely with these civilian authorities all the time. The Guard, 
which serves under the command of the Governors, is part and parcel of 
the community. The Guard knows that it is civilians, including their 
elected leaders and the populace, who are the ultimate decision-makers 
in these situations.
  Our bill includes several key provisions. To improve the quality of 
advice at the highest levels, the Chief of the National Guard Bureau 
would gain a full seat on the Joint Chief of Staff, a key advisory body 
where insufficient attention is paid to homeland defense matters. The 
bill would ensure that U.S. Northern Command remains a Federal military 
headquarters that truly supports the Governors and the initial Guard 
response in an emergency, providing for the Governors to have tactical 
control over any active duty and Reserve assets that might be operating 
in their home State during an emergency. The National Guard Bureau is 
enhanced in another section which specifically gives the National Guard 
a separate budget to purchase domestic defense-oriented items. The 
Bureau would carry out its responsibilities in close cooperation with a 
newly

[[Page S2146]]

established planning committee and council that integrally involves the 
States' Adjutants General. And the bill assigns several key command and 
deputy command positions to National Guard officers who have experience 
in homeland defense and domestic emergency response matters.
  This fiscal year 2008 Defense Authorization Bill ushered in several 
improvements to the National Guard, including an elevation of the 
Bureau Chief to the rank of four-star general. The National Guard 
Bureau is now more a joint agency than a sub-branch of the Army and the 
Air Force, though the Guard remains a key part of the Army and Air 
Force's Total Force. The Deputy Commander or Commander of U.S. Northern 
Command now must come from the ranks of the National Guard. These are 
far-reaching steps, though I remain concerned that the Department has 
yet to implement these provisions, not even filling the four-star 
position yet.
  Together, last year's enacted organizational changes and those put 
forth in this bill will fundamentally improve our preparations for an 
emergency, and ensure an effective, swift, and constitutional response 
when another emergency occurs.
  Our National Guard has never let our country down, and--once again--
we cannot let our Guard down. I urge prompt attention and action on 
this vital legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
supporting material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2760

       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 
     and State-National Defense Integration Act of 2008''.

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

       (a) Membership on Joint Chiefs of Staff.--
       (1) In general.--Section 151(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(7) The Chief of the National Guard Bureau.''.
       (2) Conforming amendment.--Section 10502 of such title is 
     amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) 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) Annual Report to Congress on Validated Requirements.--
     Section 10504 of title 10, United States Code, 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.''.

     SEC. 3. EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.

       (a) Military Assistance for Civil Authorities.--Chapter 
     1011 of title 10, United States Code, is 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 military 
     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.--(1) The Chief of the National Guard 
     Bureau shall carry out activities under this section through 
     and utilizing an integrated planning process established by 
     the Chief of the National Guard Bureau for purposes of this 
     subsection. The planning process may be known as the 
     `National Guard Bureau Strategic Integrated Planning 
     Process'.
       ``(2)(A) Under the integrated planning process established 
     under paragraph (1)--
       ``(i) the planning committee described in subparagraph (B) 
     shall develop and submit to the planning directorate 
     described in subparagraph (C) plans and proposals on such 
     matters under the planning process as the Chief of the 
     National Guard Bureau shall designate for purposes of this 
     subsection; and
       ``(ii) the planning directorate shall review and make 
     recommendations to the Chief of the National Guard Bureau on 
     the plans and proposals submitted to the planning directorate 
     under clause (i).
       ``(B) The planning committee described in this subparagraph 
     is a planning committee (to be known as the `State Strategic 
     Integrated Planning Committee') composed of the adjutant 
     general of each of the several States, the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, and the District of 
     Columbia.
       ``(C) The planning directorate described in this 
     subparagraph is a planning directorate (to be known as the 
     `Federal Strategic Integrated Planning Directorate') composed 
     of the following (as designated by the Secretary of Defense 
     for purposes of this subsection):
       ``(i) A major general of the Army National Guard.
       ``(ii) A major general of the Air National Guard.
       ``(iii) A major general of the regular Army.
       ``(iv) A major general of the regular Air Force.
       ``(v) A major general (other than a major general under 
     clauses (iii) and (iv)) of the United States Northern 
     Command.
       ``(vi) The Director of the Joint Staff of the National 
     Guard Bureau under section 10505 of this title.
       ``(vii) Seven adjutants general from the planning committee 
     under paragraph (B).''.
       (b) Budgeting for Training and Equipment for Military 
     Assistance to Civil Authorities and Other Domestic 
     Missions.--Chapter 1013 of such title 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.''.
       (c) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 1011 
     of such title is amended by inserting after the item relating 
     to section 10503 the following new item:

``10503a. Functions of National Guard Bureau: military assistance to 
              civil authorities.''.
       (2) 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. 4. REDESIGNATION OF POSITIONS OF DIRECTOR OF THE ARMY 
                   NATIONAL GUARD, DIRECTOR OF THE AIR NATIONAL 
                   GUARD, AND ASSOCIATED POSITIONS.

       (a) Redesignation.--Section 10506 of title 10, United 
     States Code, is amended--
       (1) by striking ``Director, Army National Guard'' each 
     place it appears and inserting ``Vice Chief, Army National 
     Guard'';
       (2) by striking ``Deputy Director, Army National Guard'' 
     each place it appears and inserting ``Deputy Vice Chief, Army 
     National Guard'';
       (3) by striking ``Director, Air National Guard'' each place 
     it appears and inserting ``Vice Chief, Air National Guard''; 
     and

[[Page S2147]]

       (4) by striking ``Deputy Director, Air National Guard'' 
     each place it appears and inserting ``Deputy Vice Chief, Air 
     National Guard''.
       (b) Conforming Amendment.--Section 14512(a)(2)(D) of such 
     title is amended by striking ``Director of the Army National 
     Guard, or Director of the Air National Guard'' and inserting 
     ``Vice Chief of the Army National Guard, or Vice Chief of the 
     Air National Guard''.
       (c) References.--
       (1) Director, army national guard.--Any reference in a law, 
     regulation, document, paper, or other record of the United 
     States to the Director of the Army National Guard shall be 
     deemed to be a reference to the Vice Chief of the Army 
     National Guard.
       (2) Deputy director, army national guard.--Any reference in 
     a law, regulation, document, paper, or other record of the 
     United States to the Deputy Director of the Army National 
     Guard shall be deemed to be a reference to the Deputy Vice 
     Chief of the Army National Guard.
       (3) Director, air national guard.--Any reference in a law, 
     regulation, document, paper, or other record of the United 
     States to the Director of the Air National Guard shall be 
     deemed to be a reference to the Vice Chief of the Air 
     National Guard.
       (4) Deputy director, air national guard.--Any reference in 
     a law, regulation, document, paper, or other record of the 
     United States to the Deputy Director of the Air National 
     Guard shall be deemed to be a reference to the Deputy Vice 
     Chief of the Air National Guard.

     SEC. 5. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY 
                   EXPERIENCE.

       (a) Vice Chiefs, Army and Air National Guard.--Section 
     10506(a)(3) of title 10, United States Code, as amended by 
     section 4(a) of this Act, is further amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (2) 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 assignment 
     or promotion to any position designated by law as open to a 
     National Guard general officer.''.
       (b) Adjutants General and Similar 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 assignment 
     or promotion.
       (c) Annual Reports on Duty in Joint Force Headquarters to 
     Qualify as Joint Duty Experience.--Not later than six months 
     after the date of the enactment of this Act, and annually 
     thereafter, the Chief of the National Guard Bureau shall, in 
     consultation with the adjutants general of the National 
     Guard, submit to the Chairman of the Joint Chiefs of Staff 
     and to Congress a report setting forth the recommendations of 
     the Chief of the National Guard Bureau as to which duty of 
     officers, and which duty of enlisted members, of the National 
     Guard in the Joint Force Headquarters of the National Guard 
     of the States should qualify as joint duty or joint duty 
     experience for purposes of the provisions of law requiring 
     such duty or experience as a condition of assignment or 
     promotion.
       (d) Annual Reports on Joint Education Courses.--Not later 
     than six months after the date of the enactment of this Act, 
     and annually thereafter, the Chairman of the Joint Chiefs of 
     Staff shall submit to Congress a report setting forth 
     information on the joint education courses available through 
     the Department of Defense for purposes of the pursuit of 
     joint careers by officers in the Armed Forces. Each report 
     shall include, for the preceding year, the following:
       (1) A list and description of the joint education courses 
     so available during such year.
       (2) A list and description of the joint education courses 
     listed under paragraph (1) that are available to and may be 
     completed by officers of the reserve components of the Armed 
     Forces in other than an in-resident duty status under title 
     10, United States Code, or title 32, United States Code.
       (3) For each course listed under paragraph (1), the number 
     of officers from each Armed Force who pursued such course 
     during such year, including the number of officers of the 
     Army National Guard, and of the Air National Guard, who 
     pursued such course.

     SEC. 6. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED 
                   STATES NORTHERN COMMAND AND OTHER COMBATANT 
                   COMMANDS.

       (a) Commands Responsible for Support to Civil Authorities 
     in the United States.--The United States Northern Command and 
     the United States Pacific Command shall be the combatant 
     commands of the Armed Forces that are principally responsible 
     for the support of civil authorities in the United States by 
     the Armed Forces.
       (b) Discharge of Responsibility.--In discharging the 
     responsibility set forth in subsection (a), the Commander of 
     the United States Northern Command and the Commander of the 
     United States Pacific Command shall each--
       (1) in consultation with and acting through the Chief of 
     the National Guard Bureau and the Joint Force Headquarters of 
     the National Guard of the State or States concerned, assist 
     the States in the employment of the National Guard under 
     State control, including National Guard operations conducted 
     in State active duty or under title 32, United States Code; 
     and
       (2) facilitate the deployment of the Armed Forces on active 
     duty under title 10, United States Code, as necessary to 
     augment and support the National Guard in its support of 
     civil authorities when National Guard operations are 
     conducted under State control, whether in State active duty 
     or under title 32, United States Code.
       (c) Memorandum of Understanding.--
       (1) Memorandum required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Northern Command, the Commander of the United 
     States Pacific Command, and the Chief of the National Guard 
     Bureau shall, with the approval of the Secretary of Defense, 
     jointly enter into a memorandum of understanding setting 
     forth the operational relationships, and individual roles and 
     responsibilities, during responses to domestic emergencies 
     among the United States Northern Command, the United States 
     Pacific Command, and the National Guard Bureau.
       (2) Modification.--The Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau may from 
     time to time modify the memorandum of understanding under 
     this subsection to address changes in circumstances and for 
     such other purposes as the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau jointly 
     consider appropriate. Each such modification shall be subject 
     to the approval of the Secretary of Defense.
       (d) Authority To Modify Assignment of Command 
     Responsibility.--Nothing in this section shall be construed 
     as altering or limiting the power of the President or the 
     Secretary of Defense to modify the Unified Command Plan in 
     order to assign all or part of the responsibility described 
     in subsection (a) to a combatant command other than the 
     United States Northern Command or the United States Pacific 
     Command.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations for purposes of aiding the expeditious 
     implementation of the authorities and responsibilities in 
     this section.

     SEC. 7. STATE CONTROL OF FEDERAL MILITARY FORCES ENGAGED IN 
                   ACTIVITIES WITHIN THE STATES AND POSSESSIONS.

       (a) In General.--Part I of subtitle A of title 10, United 
     States Code, is amended by inserting after chapter 15 the 
     following new chapter:

  ``CHAPTER 16--CONTROL OF THE ARMED FORCES IN ACTIVITIES WITHIN THE 
                         STATES AND POSSESSIONS

``Sec.
``341. Tactical control of the armed forces engaged in activities 
              within the States and possessions: emergency response 
              activities.

     ``Sec. 341. Tactical control of the armed forces engaged in 
       activities within the States and possessions: emergency 
       response activities

       ``(a) In General.--The Secretary of Defense shall prescribe 
     in regulations policies and procedures to assure that 
     tactical control of the armed forces on active duty within a 
     State or possession is vested in the governor of the State or 
     possession, as the case may be, when such forces are engaged 
     in emergency response activities within such State or 
     possession.
       ``(b) Discharge Through Joint Force Headquarters.--The 
     policies and procedures required under subsection (a) shall 
     provide for the discharge of tactical control by the governor 
     of a State or possession as described in that subsection 
     through the Joint Force Headquarters of the National Guard in 
     the State or possession, as the case may be, acting through 
     the officer of the National Guard in command of the 
     Headquarters.
       ``(c) Possessions Defined.--Notwithstanding any provision 
     of section 101(a), in this section, the term `possessions' 
     means the Commonwealth of Puerto Rico, Guam, and the Virgin 
     Islands.''.
       (b) Clerical Amendments.--The tables of chapters at the 
     beginning of title 10, United States Code, and at the 
     beginning of part I of subtitle A of such title, are each 
     amended by inserting after the item relating to chapter 15 
     the following new item:

``16. Control of the Armed Forces in Activities Within the States and 
    Possessions..............................................341''.....

     SEC. 8. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN 
                   CERTAIN COMMAND POSITIONS.

       (a) Commander of Army North Command.--The officer serving 
     in the position of Commander, Army North Command, shall be an 
     officer in the Army National Guard of the United States.
       (b) Commander of Air Force North Command.--The officer 
     serving in the position of Commander, Air Force North 
     Command, shall be an officer in the Air National Guard of the 
     United States.
       (c) Sense of Congress.--It is the sense of Congress that, 
     in assigning officers to the command positions specified in 
     subsections (a) and (b), the President should afford a 
     preference in assigning officers in the Army National Guard 
     of the United States or Air National Guard of the United 
     States, as applicable, who have served as the adjutant 
     general of a State.

[[Page S2148]]

       (d) Certain Joint Task Force Positions.--
       (1) In general.--Of the officers serving in the positions 
     specified in each subparagraph of paragraph (2), as least one 
     such officer under each subparagraph shall be an officer in 
     the Army National Guard of the United States or an officer in 
     the Air National Guard of the United States.
       (2) Covered positions.--The positions specified in this 
     paragraph are:
       (A) Commander, Joint Task Force Alaska, and Deputy 
     Commander, Joint Task Force Alaska.
       (B) Commander, Joint Task Force Civil Support, and Deputy 
     Commander, Joint Task Force Civil Support.
       (C) Commander, Joint Task Force North, and Deputy 
     Commander, Joint Task Force North.
                                  ____


    Summary: National Guard Empowerment and State-National Defense 
                        Integration Act of 2008


                                purpose

       To enhance the national defense through empowerment of the 
     National Guard, enhancement of the functions of the National 
     Guard Bureau, and improvement of Federal-State military 
     coordination in domestic emergency response
     SECTION 1: Title
       National Guard Empowerment and State-National Defense 
     Integration Act of 2008
     Section 2: Joint Chiefs of Staff
       Make the Chief of the National Guard Bureau a full member 
     of the Joint Chiefs of Staff
     Section 3: Guard Bureau Duties
       Formally give the Guard Bureau the function of working with 
     the states to identify equipment gaps for the purpose of 
     providing military assistance to civil authorities. The 
     Bureau shall work with states--through a State/Adjutant 
     General-dominated planning committee and Federal planning 
     directorate--to validate equipment requirements, develop 
     doctrine for assisting civil authorities in emergencies, 
     acquire necessary equipment, prepare a military assistance 
     budget, and administer the funding provided for military 
     assistance.
     Section 4: Vice Chiefs
       Rename the positions of Activities Directors of the Army 
     and Air National Guard to ``Deputy Vice Chief, Army National 
     Guard'' and ``Deputy Vice Chief, Air National Guard,'' 
     respectively.
     Section 5: Joint Duty Credit
       Provides the Adjutant Generals of the United States with 
     so-called Joint Duty Credit for their experience in the 
     position. Requires the Department of Defense to provide a 
     report on providing joint-duty credit for officers serving in 
     National Guard Joint Force Headquarters, as well as summary 
     of Joint-Duty courses available for Reserve Components 
     officers interested in following a joint career.
     Section 6: Northern Command
       States that Northern Command and Pacific Command are the 
     commands responsible for providing military assistance for 
     civil authorities, and, to carry out that responsibility, 
     these commands must assist the states in employing the 
     National Guard and facilitate the deployment of Title 10 
     forces to supplement and support the Guard, whether operating 
     in State Active Duty or under Title 32 United State Code. 
     Northern Command and Pacific Command must complete a 
     Memorandum of Understanding with the National Guard Bureau on 
     their operational relationship within 180 days of enactment.
     Section 7: Governor's Tactical Control
       Direction to the Department of Defense to establish 
     procedures for the nation's Governors to have tactical 
     control over the military forces, including Title 10 active 
     forces, operating in their state during an emergency. Such 
     tactical control will be exercised by the Governor through 
     the Joint Forces Headquarters of the National Guard of the 
     State. According to Department of Defense standard terms, 
     Tactical Control is ``Command authority over assigned or 
     attached forces or commands ... that is limited to the 
     detailed direction and control of movements or maneuvers 
     within the operational area necessary to accomplish missions 
     or tasks assigned.''
     Section 8: National Guard Command Positions
       A National Guard officer will remain Commander of Air Force 
     North, while Guard officers shall become the Commander Army 
     North, and Commander or Deputy Commander of Joint Task Force 
     Alaska, Joint Task Force Civil Support, and Joint Task Force 
     North.
                                  ____

                                        National Guard Association


                                   of the United States, Inc.,

                                   Washington, DC, March 13, 2008.
     Hon. Patrick Leahy,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Leahy: The National Guard Association of the 
     United States applauds your introduction of the ``National 
     Guard Empowerment and State-National Defense Integration Act 
     of 2008.'' Your legislation is the logical next step in fully 
     codifying the initiatives that had their birth two years ago 
     in the National Guard Empowerment Act.
       With the passage of the National Defense Authorization Act 
     for 2008, many of the substantive elements of ``empowerment'' 
     for the National Guard have been presented to the Department 
     of Defense for immediate implementation in accordance with 
     the wishes of the Congress. We are eagerly awaiting their 
     timely response.
       Meanwhile, we support the additional well-reasoned 
     legislative remedies contained in your new bill that will 
     knit together the missing pieces of the empowerment concept. 
     In our view, empowerment for the National Guard is simply a 
     restatement, in contemporary language, of the reliance placed 
     on the National Guard by the framers of the United States 
     Constitution in Article 1, Section 8.
       Thank you for leading this effort for the American people.
           Sincerely,

                                             Stephen M. Koper,

                                    Brigadier General, USAF (ret),
     President.
                                  ____

                                     Adjutants General Association


                                         of the United States,

                                   Washington, DC, March 13, 2008.
     Hon. Patrick Leahy,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Leahy: The Adjutants General Association of 
     the United States commends you, your colleagues and your 
     staff on your foresight in introducing the ''National Guard 
     Empowerment and State-National Defense Integration Act of 
     2008.'' This legislation will take the next logical step in 
     advancing the gains of the National Guard Empowerment Act and 
     ensuring the intent of that legislation is met.
       We understand and appreciate just how hard you and the 
     entire Guard Caucus worked to gain passage of the National 
     Defense Authorization Act for 2008, which gave birth to 
     ``empowerment'' for the National Guard. However, the 
     realization of empowerment has been slow to materialize. With 
     the introduction of this legislation, we are hopeful that the 
     Department of Defense will act in accordance with the wishes 
     of the Congress.
       Again, we thank you for your new bill which will serve to 
     complete the vision of the empowerment concept, which had its 
     genesis two years ago with the original National Guard 
     Empowerment Act. It is clear that empowerment for the 
     National Guard remains a priority of the Congress.
       We thank you for your continuing efforts on the National 
     Guard's behalf.
           Sincerely,

                                            Francis D. Vavala,

                                            Major General, DEARNG,
     President AGAUS.
                                  ____

         Enlisted Association of the National Guard of the United 
           States,
                                   Alexandria, VA, March 13, 2008.
     Hon. Patrick Leahy,
     U.S. Senate, Washington, D.C.
     Hon. Kit Bond,
     U.S. Senate, Washington, DC.
       The Enlisted Association of the National Guard of the 
     United States, EANGUS is pleased to express our strongest 
     possible support, on behalf of the Enlisted men and women of 
     the Army and Air National Guard, in your efforts to amend 
     Title 10 of the United States Code to enhance the 
     responsibilities of the Chief of the National Guard Bureau 
     and the functions of the National Guard Bureau.
       Although some historic changes were made in Public Law 110-
     181, signed by the President on January 28,2008, many of the 
     original provisions of the National Guard Empowerment Act 
     of2007 were ``left on the cutting table'' and not enacted 
     into law. These valuable and necessary provisions must be 
     addressed and are addressed in your legislation.
       Our association stands firm in support of your action to 
     remedy this error of omission. The lack of respect of the 
     leadership of the National Guard by service secretaries and 
     leaders, the consistent under-funding of National Guard 
     appropriations accounts, and the intentional lack of 
     communication and coordination all have the possibility of 
     being rectified by this legislation by making the Chief a 
     full partner in the decision-making and appropriations 
     process.
       Thank you for taking legislative action that is not only 
     timely, but unfortunately necessary, and long overdue. We 
     look forward to working with your staff as this legislation 
     works its way into law.
       Working for America's Best!

                                             Michael P. Cline,

                                       Master Sergeant, USA (Ret),
                                               Executive Director.
                                 ______