[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 718 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 718
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
January 30, 2007
Mr. Tom Davis of Virginia (for himself, Mr. Taylor, Mr. Hayes, and Mr.
Butterfield) 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 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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