II 

109TH CONGRESS 

2D SESSION S. 2658 

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 

APRIL 26, 2006 

Mr. BOND (for himself and Mr. LEAHY) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense En5 hancement and National Guard Empowerment Act of 

6 2006’’. 


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1 SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NA2 TIONAL GUARD BUREAU AND EXPANDED 

3 FUNCTIONS OF THE NATIONAL GUARD BU4 REAU. 

5 (a) EXPANDED AUTHORITY.— 

6 (1) IN GENERAL.—Subsection (a) of section 

7 10501 of title 10, United States Code, is amended 

8 by striking ‘‘joint bureau of the Department of the 

9 Army and the Department of the Air Force’’ and in10 serting ‘‘joint activity of the Department of De11 fense’’. 

12 (2) PURPOSE.—Subsection (b) of such section 

13 is amended by striking ‘‘between’’ and all that fol14 lows and inserting ‘‘between— 

15 ‘‘(1)(A) the Secretary of Defense, the Joint 

16 Chiefs of Staff, and the commanders of the combat17 ant commands for the United States, and (B) the 

18 Department of the Army and the Department of the 

19 Air Force; and 

20 ‘‘(2) the several States.’’. 

21 (b) ENHANCEMENTS OF POSITION OF CHIEF OF THE

22 NATIONAL GUARD BUREAU.— 

23 (1) ADVISORY FUNCTION ON NATIONAL GUARD

24 MATTERS.—Subsection (c) of section 10502 of title 

25 10, United States Code, is amended by inserting ‘‘to 


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1 the Secretary of Defense, to the Chairman of the 

2 Joint Chiefs of Staff,’’ after ‘‘principal advisor’’. 

3 (2) MEMBER OF JOINT CHIEFS OF STAFF.—(A) 

4 Such section is further amended— 

5 (i) by redesignating subsection (d) as sub6 section (e); and 

7 (ii) by inserting after subsection (c) the 

8 following new subsection (d): 

9 ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.—The 

10 Chief of the National Guard Bureau shall perform the du11 ties prescribed for him or her as a member of the Joint 

12 Chiefs of Staff under section 151 of this title.’’. 

13 (B) Section 151(a) of such title is amended by 

14 adding at the end the following new paragraph: 

15 ‘‘(7) The Chief of the National Guard Bu16 reau.’’. 

17 (3) GRADE.—Subsection (e) of such section, as 

18 redesignated by paragraph (2)(A)(i) of this sub19 section, is further amended by striking ‘‘lieutenant 

20 general’’ and inserting ‘‘general’’. 

21 (4) ANNUAL REPORT TO CONGRESS ON VALI22 DATED REQUIREMENTS.—Section 10504 of such 

23 title is amended by adding at the end the following 

24 new subsection: 


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1 ‘‘(c) ANNUAL REPORT ON VALIDATED REQUIRE2 MENTS.—Not later than December 31 each year, the Chief 

3 of the National Guard Bureau shall submit to Congress 

4 a report on the following: 

5 ‘‘(1) The requirements validated under section 

6 10503a(b)(1) of this title during the preceding fiscal 

7 year. 

8 ‘‘(2) The requirements referred to in paragraph 

9 (1) for which funding is to be requested in the next 

10 budget for a fiscal year under section 10544 of this 

11 title. 

12 ‘‘(3) The requirements referred to in paragraph 

13 (1) for which funding will not be requested in the 

14 next budget for a fiscal year under section 10544 of 

15 this title.’’. 

16 (c) ENHANCEMENT OF FUNCTIONS OF NATIONAL

17 GUARD BUREAU.— 

18 (1) DEVELOPMENT OF CHARTER.—Section 

19 10503 of title 10, United States Code, is amended— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘The Secretary of the Army and the 

22 Secretary of the Air Force shall jointly develop’’ 

23 and inserting ‘‘The Secretary of Defense, in 

24 consultation with the Secretary of the Army 


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1 and the Secretary of the Air Force, shall de2 velop’’; and 

3 (B) in paragraph (12), by striking ‘‘the 

4 Secretaries’’ and inserting ‘‘the Secretary of 

5 Defense’’. 

6 (2) ADDITIONAL GENERAL FUNCTIONS.—Such 

7 section is further amended— 

8 (A) by redesignating paragraph (12), as 

9 amended by paragraph (1)(B) of this sub10 section, as paragraph (13); and 

11 (B) by inserting after paragraph (11) the 

12 following new paragraph (12): 

13 ‘‘(12) Facilitating and coordinating with other 

14 Federal agencies, and with the several States, the 

15 use of National Guard personnel and resources for 

16 and in contingency operations, military operations 

17 other than war, natural disasters, support of civil 

18 authorities, and other circumstances.’’. 

19 (3) MILITARY ASSISTANCE FOR CIVIL AUTHORI20 TIES.—Chapter 1011 of such title is further amend21 ed by inserting after section 10503 the following 

22 new section: 


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1 ‘‘§ 10503a. Functions of National Guard Bureau: mili2 tary assistance to civil authorities 

3 ‘‘(a) IDENTIFICATION OF ADDITIONAL NECESSARY

4 ASSISTANCE.—The Chief of the National Guard Bureau 

5 shall— 

6 ‘‘(1) identify gaps between Federal and State 

7 capabilities to prepare for and respond to emer8 gencies; and 

9 ‘‘(2) make recommendations to the Secretary of 

10 Defense on programs and activities of the National 

11 Guard for military assistance to civil authorities to 

12 address such gaps. 

13 ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meeting the 

14 requirements of subsection (a), the Chief of the National 

15 Guard Bureau shall, in coordination with the Adjutant 

16 Generals of the States, have responsibilities as follows: 

17 ‘‘(1) To validate the requirements of the several 

18 States and Territories with respect to military as19 sistance to civil authorities. 

20 ‘‘(2) To develop doctrine and training require21 ments relating to the provision of military assistance 

22 to civil authorities. 

23 ‘‘(3) To acquire equipment, materiel, and other 

24 supplies and services for the provision of military as25 sistance to civil authorities. 


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1 ‘‘(4) To assist the Secretary of Defense in pre2 paring the budget required under section 10544 of 

3 this title. 

4 ‘‘(5) To administer amounts provided the Na5 tional Guard for the provision of military assistance 

6 to civil authorities. 

7 ‘‘(6) To carry out any other responsibility relat8 ing to the provision of military assistance to civil au9 thorities as the Secretary of Defense shall specify. 

10 ‘‘(c) ASSISTANCE.—The Chairman of the Joint 

11 Chiefs of Staff shall assist the Chief of the National Guard 

12 Bureau in carrying out activities under this section. 

13 ‘‘(d) CONSULTATION.—The Chief of the National 

14 Guard Bureau shall carry out activities under this section 

15 in consultation with the Secretary of the Army and the 

16 Secretary of the Air Force.’’. 

17 (4) BUDGETING FOR TRAINING AND EQUIP18 MENT FOR MILITARY ASSISTANCE TO CIVIL AU19 THORITIES AND OTHER DOMESTIC MISSIONS.— 

20 Chapter 1013 of title 10, United States Code, is 

21 amended by adding at the end the following new sec22 tion: 


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1 ‘‘§ 10544. National Guard training and equipment: 

2 budget for military assistance to civil au3 thorities and for other domestic oper4 ations 

5 ‘‘(a) IN GENERAL.—The budget justification docu6 ments materials submitted to Congress in support of the 

7 budget of the President for a fiscal year (as submitted 

8 with the budget of the President under section 1105(a) 

9 of title 31) shall specify separate amounts for training and 

10 equipment for the National Guard for purposes of military 

11 assistance to civil authorities and for other domestic oper12 ations during such fiscal year. 

13 ‘‘(b) SCOPE OF FUNDING.—The amounts specified 

14 under subsection (a) for a fiscal year shall be sufficient 

15 for purposes as follows: 

16 ‘‘(1) The development and implementation of 

17 doctrine and training requirements applicable to the 

18 assistance and operations described in subsection (a) 

19 for such fiscal year. 

20 ‘‘(2) The acquisition of equipment, materiel, 

21 and other supplies and services necessary for the 

22 provision of such assistance and such operations in 

23 such fiscal year.’’. 

24 (5) LIMITATION ON INCREASE IN PERSONNEL

25 OF NATIONAL GUARD BUREAU.—The Secretary of 

26 Defense shall, to the extent practicable, ensure that 


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1 no additional personnel are assigned to the National 

2 Guard Bureau in order to address administrative or 

3 other requirements arising out of the amendments 

4 made by this subsection. 

5 (d) CONFORMING AND CLERICAL AMENDMENTS.— 

6 (1) CONFORMING AMENDMENT.—The heading 

7 of section 10503 of such title is amended to read as 

8 follows: 

9 ‘‘§ 10503. Functions of National Guard Bureau: char10 ter’’. 

11 (2) CLERICAL AMENDMENTS.—(A) The table of 

12 sections at the beginning of chapter 1011 of such 

13 title is amended by striking the item relating to sec14 tion 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.’’. 

15 (B) The table of sections at the beginning of 

16 chapter 1013 of such title is amended by adding at 

17 the end the following new item: 

‘‘10544. National Guard training and equipment: budget for military assistance 

to civil authorities and for other domestic operations.’’. 

18 (e) TERMINATION OF POSITION OF ASSISTANT TO

19 CHAIRMAN OF JOINT CHIEFS OF STAFF FOR NATIONAL

20 GUARD MATTERS.—Section 901 of the National Defense 

21 Authorization Act for Fiscal Year 1998 (Public Law 105– 


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1 85; 111 Stat. 1853; 10 U.S.C. 155 note) is amended to 

2 read as follows: 

3 ‘‘SEC. 901. ASSISTANT TO THE CHAIRMAN OF THE JOINT 

4 CHIEFS OF STAFF FOR RESERVE MATTERS. 

5 ‘‘(a) IN GENERAL.—There is within the Joint Staff 

6 the position of Assistant to the Chairman of the Joint 

7 Chiefs of Staff for Reserve Matters. 

8 ‘‘(b) SELECTION.—The Assistant to the Chairman of 

9 the Joint Chiefs of Staff for Reserve Matters shall be se10 lected by the Chairman from officers of the Army Reserve, 

11 the Navy Reserve, the Marine Corps Reserve, or the Air 

12 Force Reserve who— 

13 ‘‘(1) are recommended for such selection by the 

14 Secretary of the military department concerned; 

15 ‘‘(2) have had at least 10 years of commis16 sioned service in their reserve component; and 

17 ‘‘(3) are in a grade above colonel or, in the case 

18 the Navy Reserve, captain. 

19 ‘‘(c) TERM OF OFFICE.—The Assistant to the Chair20 man of the Joint Chiefs of Staff for Reserve Matters 

21 serves at the pleasure of the Chairman for a term of two 

22 years and may be continued in that assignment in the 

23 same manner, for one additional term. However, in a time 

24 of war there is no limit on the number of terms. 


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1 ‘‘(d) GRADE.—The Assistant to the Chairman of the 

2 Joint Chiefs of Staff for Reserve Matters while so serving, 

3 holds the grade of major general or, in the case of the 

4 Navy Reserve, rear admiral. The officer serving in the po5 sition shall be considered to be serving in a position exter6 nal to that officer’s Armed Force for purposes of section 

7 721 of title 10, United States Code. 

8 ‘‘(e) DUTIES.—The Assistant to the Chairman of the 

9 Joint Chiefs of Staff for Reserve Matters is an advisor 

10 to the Chairman on matters relating to the reserves and 

11 performs the duties prescribed for the position by the 

12 Chairman. 

13 ‘‘(f) OTHER RESERVE COMPONENT REPRESENTA14 TION ON JOINT STAFF.—The Secretary of Defense, in 

15 consultation with the Chairman of the Joint Chiefs of 

16 Staff, shall develop appropriate policy guidance to ensure 

17 that, to the maximum extent practicable, the level of re18 serve component officer representation within the Joint 

19 Staff is commensurate with the significant role of the re20 serve components within the Total Force.’’. 

21 SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO 

22 LIEUTENANT GENERAL AND VICE ADMIRAL 

23 GRADES ON THE ACTIVE-DUTY LIST. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that, whenever officers are considered for promotion 


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1 to the grade of lieutenant general, or vice admiral in the 

2 case of the Navy, on the active duty list, officers of the 

3 reserve components of the Armed Forces who are eligible 

4 for promotion to such grade should be considered for pro5 motion to such grade. 

6 (b) PROPOSAL.—The Secretary of Defense shall sub7 mit to Congress a proposal for mechanisms to achieve the 

8 objective specified in subsection (a). The proposal shall in9 clude such recommendations for legislative or administra10 tive action as the Secretary considers appropriate in order 

11 to achieve that objective. 

12 (c) NOTICE ACCOMPANYING NOMINATIONS.—The 

13 President shall include with each nomination of an officer 

14 to the grade of lieutenant general, or vice admiral in the 

15 case of the Navy, on the active-duty list that is submitted 

16 to the Senate for consideration a certification that all re17 serve officers who were eligible for consideration for pro18 motion to such grade were considered in the making of 

19 such nomination. 

20 SEC. 4. REQUIREMENT THAT POSITION OF DEPUTY COM21 MANDER OF THE UNITED STATES NORTHERN 

22 COMMAND BE FILLED BY A QUALIFIED NA23 TIONAL GUARD OFFICER. 

24 (a) IN GENERAL.—The position of Deputy Com25 mander of the United States Northern Command shall be 


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1 filled by a qualified officer of the National Guard who is 

2 eligible for promotion to the grade of lieutenant general. 

3 (b) PURPOSE.—The purpose of the requirement in 

4 subsection (a) is to ensure that information received from 

5 the National Guard Bureau regarding the operation of the 

6 National Guard of the several States is integrated into the 

7 plans and operations of the United States Northern Com8 mand. 

Æ 


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