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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1361 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1361

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

  Mr. Leahy (for himself and Mr. Bond) 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 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.

    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 2009''.

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 Vice Chief of the National Guard Bureau.
            ``(vii) Seven adjutants general from the planning committee 
        under paragraph (B).''.
    (b) Budgeting for Training and Equipment and Military Construction 
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 and military 
              construction: 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 the 
National Guard for purposes of military assistance to civil authorities 
and for other domestic operations during such fiscal year as follows:
            ``(1) Amounts for training and equipment, including 
        critical dual-use equipment.
            ``(2) Amounts for military construction, including critical 
        dual-use capital construction.
    ``(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 and military 
                            construction: budget for military 
                            assistance to civil authorities and for 
                            other domestic operations.''.

SEC. 4. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL GUARD 
              BUREAU.

    (a) Reestablishment of Position.--
            (1) In general.--Chapter 1011 of title 10, United States 
        Code, is amended--
                    (A) by redesignating section 10505 as section 
                10505a; and
                    (B) by inserting after section 10504 the following 
                new section 10505:
``Sec. 10505. Vice Chief of the National Guard Bureau
    ``(a) Appointment.--(1) There is a Vice Chief of the National Guard 
Bureau, selected by the Secretary of Defense from officers of the Army 
National Guard of the United States or the Air National Guard of the 
United States who--
            ``(A) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(B) have had at least 10 years of federally recognized 
        service in an active status in the National Guard; and
            ``(C) are in a grade above the grade of colonel.
    ``(2) The Chief and Vice Chief of the National Guard Bureau may not 
both be members of the Army or of the Air Force.
    ``(3)(A) Except as provided in subparagraph (B), an officer 
appointed as Vice Chief of the National Guard Bureau serves for a term 
of four years, but may be removed from office at any time for cause.
    ``(B) The term of the Vice Chief of the National Guard Bureau shall 
end within a reasonable time (as determined by the Secretary of 
Defense) following the appointment of a Chief of the National Guard 
Bureau who is a member of the same armed force as the Vice Chief.
    ``(b) Duties.--The Vice Chief of the National Guard Bureau performs 
such duties as may be prescribed by the Chief of the National Guard 
Bureau.
    ``(c) Grade.--The Vice Chief of the National Guard Bureau shall be 
appointed to serve in the grade of lieutenant general.
    ``(d) Functions as Acting Chief.--When there is a vacancy in the 
office of the Chief of the National Guard Bureau or in the absence or 
disability of the Chief, the Vice Chief of the National Guard Bureau 
acts as Chief and performs the duties of the Chief until a successor is 
appointed or the absence of disability ceases.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1011 of such title is amended by striking 
        the item relating to section 10505 and inserting the following 
        new items:

``10505. Vice Chief of the National Guard Bureau.
``10505a. Director of the Joint Staff of the National Guard Bureau.''.
    (b) Conforming Amendment.--Section 10506(a)(1) of such title is 
amended by striking ``and the Director of the Joint Staff of the 
National Guard Bureau'' and inserting ``, the Vice Chief of the 
National Guard Bureau, and the Director of the Joint Staff of the 
National Guard Bureau''.

SEC. 5. 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 a domestic operation, including emergency 
response, 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) of this title, 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       341''.
                            States and Possessions.

SEC. 6. FISCAL YEAR 2010 FUNDING FOR THE NATIONAL GUARD FOR CERTAIN 
              DOMESTIC ACTIVITIES.

    (a) Continuity of Operations, Continuity of Government, and 
Consequence Management.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2010 for the 
        Department of Defense amounts as follows:
                    (A) For National Guard Personnel, Army, 
                $11,000,000.
                    (B) For National Guard Personnel, Air Force, 
                $3,500,000.
                    (C) For Operation and Maintenance, Army National 
                Guard, $11,000,000.
            (2) Availability.--The amounts authorized to be 
        appropriated by paragraph (1) shall be available to the Army 
        National Guard and the Air National Guard, as applicable, for 
        costs of personnel in training and operations with respect to 
        continuity of operations, continuity of government, and 
        consequence management in connection with response to terrorist 
        and other attacks on the United States homeland and natural and 
        man-made catastrophes in the United States.
    (b) Domestic Operations.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2010 for the 
        Department of Defense, $300,000,000 for Operation and 
        Maintenance, Defense-wide.
            (2) Availability.--The amount authorized to be appropriated 
        by paragraph (1) shall be available for the Army National Guard 
        and the Air National Guard for emergency preparedness and 
        response activities of the National Guard while in State status 
        under title 32, United States Code.
            (3) Transfer.--Amounts under the amount authorized to be 
        appropriated by paragraph (1) shall be available for transfer 
        to accounts for National Guard Personnel, Army, and National 
        Guard Personnel, Air Force, for purposes of the pay and 
        allowances of members of the National Guard in conducting 
        activities described in paragraph (2).
    (c) Joint Operations Coordination Centers.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2010 for the 
        Department of Defense amounts as follows:
                    (A) For National Guard Personnel, Army, 
                $28,000,000.
                    (B) For National Guard Personnel, Air Force, 
                $7,000,000.
            (2) Availability.--The amounts authorized to be 
        appropriated by paragraph (1) shall be available to the Army 
        National Guard and the Air National Guard, as applicable, for 
        costs of personnel in continuously staffing a Joint Operations 
        Coordination Center (JOCC) in the Joint Forces Headquarters of 
        the National Guard in each State and Territory for command and 
        control and activation of forces in response to terrorist and 
        other attacks on the United States homeland and natural and 
        man-made catastrophes in the United States.
    (d) Supplement Not Supplant.--The amounts authorized to be 
appropriated by subsections (a), (b), and (c) for the purposes set 
forth in such subsections are in addition to any other amounts 
authorized to be appropriated for fiscal year 2010 for the Department 
of Defense for such purposes.

SEC. 7. 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. 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.
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