II 

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. 

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 Guard Em5 powerment and State-National Defense Integration Act of 

6 2009’’. 


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

3 (a) MEMBERSHIP ON JOINT CHIEFS OF STAFF.— 

4 (1) IN GENERAL.—Section 151(a) of title 10, 

5 United States Code, is amended by adding at the 

6 end the following new paragraph: 

7 ‘‘(7) The Chief of the National Guard Bu8 reau.’’. 

9 (2) CONFORMING AMENDMENT.—Section 10502 

10 of such title is amended— 

11 (A) by redesignating subsections (d) and 

12 (e) as subsections (e) and (f), respectively; and 

13 (B) by inserting after subsection (c) the 

14 following new subsection (d): 

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

16 Chief of the National Guard Bureau shall perform the du17 ties prescribed for him or her as a member of the Joint 

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

19 (b) ANNUAL REPORT TO CONGRESS ON VALIDATED

20 REQUIREMENTS.—Section 10504 of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new subsection: 

23 ‘‘(c) ANNUAL REPORT ON VALIDATED REQUIRE24 MENTS.—Not later than December 31 each year, the Chief 

25 of the National Guard Bureau shall submit to Congress 

26 a report on the following: 


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1 ‘‘(1) The requirements validated under section 

2 10503a(b)(1) of this title during the preceding fiscal 

3 year. 

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

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

6 budget for a fiscal year under section 10544 of this 

7 title. 

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

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

10 next budget for a fiscal year under section 10544 of 

11 this title.’’. 

12 SEC. 3. EXPANDED FUNCTIONS OF THE NATIONAL GUARD 

13 BUREAU. 

14 (a) MILITARY ASSISTANCE FOR CIVIL AUTHORI15 TIES.—Chapter 1011 of title 10, United States Code, is 

16 amended by inserting after section 10503 the following 

17 new section: 

18 ‘‘§ 10503a. Functions of National Guard Bureau: mili19 tary assistance to civil authorities 

20 ‘‘(a) IDENTIFICATION OF ADDITIONAL NECESSARY

21 ASSISTANCE.—The Chief of the National Guard Bureau 

22 shall— 

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

24 military capabilities to prepare for and respond to 

25 emergencies; and 


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

2 Defense on programs and activities of the National 

3 Guard for military assistance to civil authorities to 

4 address such gaps. 

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

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

7 Guard Bureau shall, in coordination with the adjutants 

8 general of the States, have responsibilities as follows: 

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

10 States and territories with respect to military assist11 ance to civil authorities. 

12 ‘‘(2) To develop doctrine and training require13 ments relating to the provision of military assistance 

14 to civil authorities. 

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

16 supplies and services for the provision of military as17 sistance to civil authorities. 

18 ‘‘(4) To assist the Secretary of Defense in pre19 paring the budget required under section 10544 of 

20 this title. 

21 ‘‘(5) To administer amounts provided the Na22 tional Guard for the provision of military assistance 

23 to civil authorities. 


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1 ‘‘(6) To carry out any other responsibility relat2 ing to the provision of military assistance to civil au3 thorities as the Secretary of Defense shall specify. 

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

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

6 Bureau in carrying out activities under this section. 

7 ‘‘(d) CONSULTATION.—(1) The Chief of the National 

8 Guard Bureau shall carry out activities under this section 

9 through and utilizing an integrated planning process es10 tablished by the Chief of the National Guard Bureau for 

11 purposes of this subsection. The planning process may be 

12 known as the ‘National Guard Bureau Strategic Inte13 grated Planning Process’. 

14 ‘‘(2)(A) Under the integrated planning process estab15 lished under paragraph (1)— 

16 ‘‘(i) the planning committee described in sub17 paragraph (B) shall develop and submit to the plan18 ning directorate described in subparagraph (C) plans 

19 and proposals on such matters under the planning 

20 process as the Chief of the National Guard Bureau 

21 shall designate for purposes of this subsection; and 

22 ‘‘(ii) the planning directorate shall review and 

23 make recommendations to the Chief of the National 

24 Guard Bureau on the plans and proposals submitted 

25 to the planning directorate under clause (i). 


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1 ‘‘(B) The planning committee described in this sub2 paragraph is a planning committee (to be known as the 

3 ‘State Strategic Integrated Planning Committee’) com4 posed of the adjutant general of each of the several States, 

5 the Commonwealth of Puerto Rico, Guam, the Virgin Is6 lands, and the District of Columbia. 

7 ‘‘(C) The planning directorate described in this sub8 paragraph is a planning directorate (to be known as the 

9 ‘Federal Strategic Integrated Planning Directorate’) com10 posed of the following (as designated by the Secretary of 

11 Defense for purposes of this subsection): 

12 ‘‘(i) A major general of the Army National 

13 Guard. 

14 ‘‘(ii) A major general of the Air National 

15 Guard. 

16 ‘‘(iii) A major general of the regular Army. 

17 ‘‘(iv) A major general of the regular Air Force. 

18 ‘‘(v) A major general (other than a major gen19 eral under clauses (iii) and (iv)) of the United States 

20 Northern Command. 

21 ‘‘(vi) The Vice Chief of the National Guard Bu22 reau. 

23 ‘‘(vii) Seven adjutants general from the plan24 ning committee under paragraph (B).’’. 


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1 (b) BUDGETING FOR TRAINING AND EQUIPMENT

2 AND MILITARY CONSTRUCTION FOR MILITARY ASSIST3 ANCE TO CIVIL AUTHORITIES AND OTHER DOMESTIC

4 MISSIONS.—Chapter 1013 of such title is amended by 

5 adding at the end the following new section: 

6 ‘‘§ 10544. National Guard training and equipment and 

7 military construction: budget for military 

8 assistance to civil authorities and for 

9 other domestic operations 

10 ‘‘(a) IN GENERAL.—The budget justification docu11 ments materials submitted to Congress in support of the 

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

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

14 of title 31) shall specify separate amounts for the National 

15 Guard for purposes of military assistance to civil authori16 ties and for other domestic operations during such fiscal 

17 year as follows: 

18 ‘‘(1) Amounts for training and equipment, in19 cluding critical dual-use equipment. 

20 ‘‘(2) Amounts for military construction, includ21 ing critical dual-use capital construction. 

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

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

24 for purposes as follows: 


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1 ‘‘(1) The development and implementation of 

2 doctrine and training requirements applicable to the 

3 assistance and operations described in subsection (a) 

4 for such fiscal year. 

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

6 and other supplies and services necessary for the 

7 provision of such assistance and such operations in 

8 such fiscal year.’’. 

9 (c) CLERICAL AMENDMENTS.— 

10 (1) The table of sections at the beginning of 

11 chapter 1011 of such title is amended by inserting 

12 after the item relating to section 10503 the following 

13 new item: 

‘‘10503a. Functions of National Guard Bureau: military assistance to civil authorities.’’. 

14 (2) The table of sections at the beginning of 

15 chapter 1013 of such title is amended by adding at 

16 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.’’. 

17 SEC. 4. REESTABLISHMENT OF POSITION OF VICE CHIEF 

18 OF THE NATIONAL GUARD BUREAU. 

19 (a) REESTABLISHMENT OF POSITION.— 

20 (1) IN GENERAL.—Chapter 1011 of title 10, 

21 United States Code, is amended— 


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1 (A) by redesignating section 10505 as sec2 tion 10505a; and 

3 (B) by inserting after section 10504 the 

4 following new section 10505: 

5 ‘‘§ 10505. Vice Chief of the National Guard Bureau 

6 ‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the 

7 National Guard Bureau, selected by the Secretary of De8 fense from officers of the Army National Guard of the 

9 United States or the Air National Guard of the United 

10 States who— 

11 ‘‘(A) are recommended for such appointment by 

12 their respective Governors or, in the case of the Dis13 trict of Columbia, the commanding general of the 

14 District of Columbia National Guard; 

15 ‘‘(B) have had at least 10 years of federally rec16 ognized service in an active status in the National 

17 Guard; and 

18 ‘‘(C) are in a grade above the grade of colonel. 

19 ‘‘(2) The Chief and Vice Chief of the National Guard 

20 Bureau may not both be members of the Army or of the 

21 Air Force. 

22 ‘‘(3)(A) Except as provided in subparagraph (B), an 

23 officer appointed as Vice Chief of the National Guard Bu24 reau serves for a term of four years, but may be removed 

25 from office at any time for cause. 


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1 ‘‘(B) The term of the Vice Chief of the National 

2 Guard Bureau shall end within a reasonable time (as de3 termined by the Secretary of Defense) following the ap4 pointment of a Chief of the National Guard Bureau who 

5 is a member of the same armed force as the Vice Chief. 

6 ‘‘(b) DUTIES.—The Vice Chief of the National Guard 

7 Bureau performs such duties as may be prescribed by the 

8 Chief of the National Guard Bureau. 

9 ‘‘(c) GRADE.—The Vice Chief of the National Guard 

10 Bureau shall be appointed to serve in the grade of lieuten11 ant general. 

12 ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is 

13 a vacancy in the office of the Chief of the National Guard 

14 Bureau or in the absence or disability of the Chief, the 

15 Vice Chief of the National Guard Bureau acts as Chief 

16 and performs the duties of the Chief until a successor is 

17 appointed or the absence of disability ceases.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 1011 of such title 

20 is amended by striking the item relating to section 

21 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.’’. 

22 (b) CONFORMING AMENDMENT.—Section 

23 10506(a)(1) of such title is amended by striking ‘‘and the 

24 Director of the Joint Staff of the National Guard Bureau’’ 


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1 and inserting ‘‘, the Vice Chief of the National Guard Bu2 reau, and the Director of the Joint Staff of the National 

3 Guard Bureau’’. 

4 SEC. 5. STATE CONTROL OF FEDERAL MILITARY FORCES 

5 ENGAGED IN ACTIVITIES WITHIN THE STATES 

6 AND POSSESSIONS. 

7 (a) IN GENERAL.—Part I of subtitle A of title 10, 

8 United States Code, is amended by inserting after chapter 

9 15 the following new chapter: 

10 ‘‘CHAPTER 16—CONTROL OF THE ARMED 

11 FORCES IN ACTIVITIES WITHIN THE 

12 STATES AND POSSESSIONS 

‘‘Sec. 

‘‘341. Tactical control of the armed forces engaged in activities within the States 

and possessions: emergency response activities. 

13 ‘‘§ 341. Tactical control of the armed forces engaged 

14 in activities within the States and posses15 sions: emergency response activities 

16 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

17 prescribe in regulations policies and procedures to assure 

18 that tactical control of the armed forces on active duty 

19 within a State or possession is vested in the governor of 

20 the State or possession, as the case may be, when such 

21 forces are engaged in a domestic operation, including 

22 emergency response, within such State or possession. 

23 ‘‘(b) DISCHARGE THROUGH JOINT FORCE HEAD24 QUARTERS.—The policies and procedures required under 


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1 subsection (a) shall provide for the discharge of tactical 

2 control by the governor of a State or possession as de3 scribed in that subsection through the Joint Force Head4 quarters of the National Guard in the State or possession, 

5 as the case may be, acting through the officer of the Na6 tional Guard in command of the Headquarters. 

7 ‘‘(c) POSSESSIONS DEFINED.—Notwithstanding any 

8 provision of section 101(a) of this title, in this section, 

9 the term ‘possessions’ means the Commonwealth of Puerto 

10 Rico, Guam, and the Virgin Islands.’’. 

11 (b) CLERICAL AMENDMENTS.—The tables of chap12 ters at the beginning of title 10, United States Code, and 

13 at the beginning of part I of subtitle A of such title, are 

14 each amended by inserting after the item relating to chap15 ter 15 the following new item: 

‘‘16. Control of the Armed Forces in Activities Within the 

States and Possessions ........................................ 341’’. 

16 SEC. 6. FISCAL YEAR 2010 FUNDING FOR THE NATIONAL 

17 GUARD FOR CERTAIN DOMESTIC ACTIVITIES. 

18 (a) CONTINUITY OF OPERATIONS, CONTINUITY OF

19 GOVERNMENT, AND CONSEQUENCE MANAGEMENT.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is hereby authorized to be appropriated for 

22 fiscal year 2010 for the Department of Defense 

23 amounts as follows: 


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1 (A) For National Guard Personnel, Army, 

2 $11,000,000. 

3 (B) For National Guard Personnel, Air 

4 Force, $3,500,000. 

5 (C) For Operation and Maintenance, Army 

6 National Guard, $11,000,000. 

7 (2) AVAILABILITY.—The amounts authorized to 

8 be appropriated by paragraph (1) shall be available 

9 to the Army National Guard and the Air National 

10 Guard, as applicable, for costs of personnel in train11 ing and operations with respect to continuity of op12 erations, continuity of government, and consequence 

13 management in connection with response to terrorist 

14 and other attacks on the United States homeland 

15 and natural and man-made catastrophes in the 

16 United States. 

17 (b) DOMESTIC OPERATIONS.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is hereby authorized to be appropriated for 

20 fiscal year 2010 for the Department of Defense, 

21 $300,000,000 for Operation and Maintenance, De22 fense-wide. 

23 (2) AVAILABILITY.—The amount authorized to 

24 be appropriated by paragraph (1) shall be available 

25 for the Army National Guard and the Air National 


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1 Guard for emergency preparedness and response ac2 tivities of the National Guard while in State status 

3 under title 32, United States Code. 

4 (3) TRANSFER.—Amounts under the amount 

5 authorized to be appropriated by paragraph (1) shall 

6 be available for transfer to accounts for National 

7 Guard Personnel, Army, and National Guard Per8 sonnel, Air Force, for purposes of the pay and allow9 ances of members of the National Guard in con10 ducting activities described in paragraph (2). 

11 (c) JOINT OPERATIONS COORDINATION CENTERS.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is hereby authorized to be appropriated for 

14 fiscal year 2010 for the Department of Defense 

15 amounts as follows: 

16 (A) For National Guard Personnel, Army, 

17 $28,000,000. 

18 (B) For National Guard Personnel, Air 

19 Force, $7,000,000. 

20 (2) AVAILABILITY.—The amounts authorized to 

21 be appropriated by paragraph (1) shall be available 

22 to the Army National Guard and the Air National 

23 Guard, as applicable, for costs of personnel in con24 tinuously staffing a Joint Operations Coordination 

25 Center (JOCC) in the Joint Forces Headquarters of 


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1 the National Guard in each State and Territory for 

2 command and control and activation of forces in re3 sponse to terrorist and other attacks on the United 

4 States homeland and natural and man-made catas5 trophes in the United States. 

6 (d) SUPPLEMENT NOT SUPPLANT.—The amounts 

7 authorized to be appropriated by subsections (a), (b), and 

8 (c) for the purposes set forth in such subsections are in 

9 addition to any other amounts authorized to be appro10 priated for fiscal year 2010 for the Department of Defense 

11 for such purposes. 

12 SEC. 7. ENHANCEMENT OF AUTHORITIES RELATING TO 

13 THE UNITED STATES NORTHERN COMMAND 

14 AND OTHER COMBATANT COMMANDS. 

15 (a) COMMANDS RESPONSIBLE FOR SUPPORT TO

16 CIVIL AUTHORITIES IN THE UNITED STATES.—The 

17 United States Northern Command and the United States 

18 Pacific Command shall be the combatant commands of the 

19 Armed Forces that are principally responsible for the sup20 port of civil authorities in the United States by the Armed 

21 Forces. 

22 (b) DISCHARGE OF RESPONSIBILITY.—In dis23 charging the responsibility set forth in subsection (a), the 

24 Commander of the United States Northern Command and 


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1 the Commander of the United States Pacific Command 

2 shall each— 

3 (1) in consultation with and acting through the 

4 Chief of the National Guard Bureau and the Joint 

5 Force Headquarters of the National Guard of the 

6 State or States concerned, assist the States in the 

7 employment of the National Guard under State con8 trol, including National Guard operations conducted 

9 in State active duty or under title 32, United States 

10 Code; and 

11 (2) facilitate the deployment of the Armed 

12 Forces on active duty under title 10, United States 

13 Code, as necessary to augment and support the Na14 tional Guard in its support of civil authorities when 

15 National Guard operations are conducted under 

16 State control, whether in State active duty or under 

17 title 32, United States Code. 

18 (c) MEMORANDUM OF UNDERSTANDING.— 

19 (1) MEMORANDUM REQUIRED.—Not later than 

20 180 days after the date of the enactment of this Act, 

21 the Commander of the United States Northern Com22 mand, the Commander of the United States Pacific 

23 Command, and the Chief of the National Guard Bu24 reau shall, with the approval of the Secretary of De25 fense, jointly enter into a memorandum of underVerDate Nov 24 2008 04:36 Jun 26, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1361.IS S1361

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1 standing setting forth the operational relationships, 

2 and individual roles and responsibilities, during re3 sponses to domestic emergencies among the United 

4 States Northern Command, the United States Pa5 cific Command, and the National Guard Bureau. 

6 (2) MODIFICATION.—The Commander of the 

7 United States Northern Command, the Commander 

8 of the United States Pacific Command, and the 

9 Chief of the National Guard Bureau may from time 

10 to time modify the memorandum of understanding 

11 under this subsection to address changes in cir12 cumstances and for such other purposes as the Com13 mander of the United States Northern Command, 

14 the Commander of the United States Pacific Com15 mand, and the Chief of the National Guard Bureau 

16 jointly consider appropriate. Each such modification 

17 shall be subject to the approval of the Secretary of 

18 Defense. 

19 (d) AUTHORITY TO MODIFY ASSIGNMENT OF COM20 MAND RESPONSIBILITY.—Nothing in this section shall be 

21 construed as altering or limiting the power of the Presi22 dent or the Secretary of Defense to modify the Unified 

23 Command Plan in order to assign all or part of the respon24 sibility described in subsection (a) to a combatant comVerDate Nov 24 2008 04:36 Jun 26, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1361.IS S1361

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1 mand other than the United States Northern Command 

2 or the United States Pacific Command. 

3 (e) REGULATIONS.—The Secretary of Defense shall 

4 prescribe regulations for purposes of aiding the expedi5 tious implementation of the authorities and responsibilities 

6 in this section. 

7 SEC. 8. REQUIREMENTS RELATING TO NATIONAL GUARD 

8 OFFICERS IN CERTAIN COMMAND POSITIONS. 

9 (a) COMMANDER OF ARMY NORTH COMMAND.—The 

10 officer serving in the position of Commander, Army North 

11 Command, shall be an officer in the Army National Guard 

12 of the United States. 

13 (b) COMMANDER OF AIR FORCE NORTH COM14 MAND.—The officer serving in the position of Commander, 

15 Air Force North Command, shall be an officer in the Air 

16 National Guard of the United States. 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that, in assigning officers to the command positions 

19 specified in subsections (a) and (b), the President should 

20 afford a preference in assigning officers in the Army Na21 tional Guard of the United States or Air National Guard 

22 of the United States, as applicable, who have served as 

23 the adjutant general of a State. 

Æ 


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