I 

110TH CONGRESS 

2D SESSION H. R. 5603 

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 HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Mr. TOM DAVIS of Virginia (for himself and Mr. TAYLOR) 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 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 2008’’. 


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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 as11 sistance 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 Director of the Joint Staff of the Na22 tional Guard Bureau under section 10505 of this 

23 title. 

24 ‘‘(vii) Seven adjutants general from the plan25 ning committee under paragraph (B).’’. 


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1 (b) BUDGETING FOR TRAINING AND EQUIPMENT FOR

2 MILITARY ASSISTANCE TO CIVIL AUTHORITIES AND

3 OTHER DOMESTIC MISSIONS.—Chapter 1013 of such title 

4 is amended by adding at the end the following new section: 

5 ‘‘§ 10544. National Guard training and equipment: 

6 budget for military assistance to civil au7 thorities and for other domestic oper8 ations 

9 ‘‘(a) IN GENERAL.—The budget justification docu10 ments materials submitted to Congress in support of the 

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

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

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

14 equipment for the National Guard for purposes of military 

15 assistance to civil authorities and for other domestic oper16 ations during such fiscal year. 

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

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

19 for purposes as follows: 

20 ‘‘(1) The development and implementation of 

21 doctrine and training requirements applicable to the 

22 assistance and operations described in subsection (a) 

23 for such fiscal year. 

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

25 and other supplies and services necessary for the 


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1 provision of such assistance and such operations in 

2 such fiscal year.’’. 

3 (c) CLERICAL AMENDMENTS.— 

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

5 chapter 1011 of such title is amended by inserting 

6 after the item relating to section 10503 the following 

7 new item: 

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

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

9 chapter 1013 of such title is amended by adding at 

10 the end the following new item: 

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

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

11 SEC. 4. REDESIGNATION OF POSITIONS OF DIRECTOR OF 

12 THE ARMY NATIONAL GUARD, DIRECTOR OF 

13 THE AIR NATIONAL GUARD, AND ASSOCIATED 

14 POSITIONS. 

15 (a) REDESIGNATION.—Section 10506 of title 10, 

16 United States Code, is amended— 

17 (1) by striking ‘‘Director, Army National 

18 Guard’’ each place it appears and inserting ‘‘Vice 

19 Chief, Army National Guard’’; 

20 (2) by striking ‘‘Deputy Director, Army Na21 tional Guard’’ each place it appears and inserting 

22 ‘‘Deputy Vice Chief, Army National Guard’’; 


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1 (3) by striking ‘‘Director, Air National Guard’’ 

2 each place it appears and inserting ‘‘Vice Chief, Air 

3 National Guard’’; and 

4 (4) by striking ‘‘Deputy Director, Air National 

5 Guard’’ each place it appears and inserting ‘‘Deputy 

6 Vice Chief, Air National Guard’’. 

7 (b) CONFORMING AMENDMENT.—Section 

8 14512(a)(2)(D) of such title is amended by striking ‘‘Di9 rector of the Army National Guard, or Director of the Air 

10 National Guard’’ and inserting ‘‘Vice Chief of the Army 

11 National Guard, or Vice Chief of the Air National Guard’’. 

12 (c) REFERENCES.— 

13 (1) DIRECTOR, ARMY NATIONAL GUARD.—Any 

14 reference in a law, regulation, document, paper, or 

15 other record of the United States to the Director of 

16 the Army National Guard shall be deemed to be a 

17 reference to the Vice Chief of the Army National 

18 Guard. 

19 (2) DEPUTY DIRECTOR, ARMY NATIONAL

20 GUARD.—Any reference in a law, regulation, docu21 ment, paper, or other record of the United States to 

22 the Deputy Director of the Army National Guard 

23 shall be deemed to be a reference to the Deputy Vice 

24 Chief of the Army National Guard. 


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1 (3) DIRECTOR, AIR NATIONAL GUARD.—Any 

2 reference in a law, regulation, document, paper, or 

3 other record of the United States to the Director of 

4 the Air National Guard shall be deemed to be a ref5 erence to the Vice Chief of the Air National Guard. 

6 (4) DEPUTY DIRECTOR, AIR NATIONAL

7 GUARD.—Any reference in a law, regulation, docu8 ment, paper, or other record of the United States to 

9 the Deputy Director of the Air National Guard shall 

10 be deemed to be a reference to the Deputy Vice 

11 Chief of the Air National Guard. 

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

13 EXPERIENCE. 

14 (a) VICE CHIEFS, ARMY AND AIR NATIONAL

15 GUARD.—Section 10506(a)(3) of title 10, United States 

16 Code, as amended by section 4(a) of this Act, is further 

17 amended— 

18 (1) by redesignating subparagraphs (C), (D), 

19 and (E) as subparagraphs (D), (E), and (F), respec20 tively; and 

21 (2) by inserting after subparagraph (B) the fol22 lowing new subparagraph (C): 

23 ‘‘(C) Service of an officer as adjutant general shall 

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1 ment or promotion to any position designated by law as 

2 open to a National Guard general officer.’’. 

3 (b) ADJUTANTS GENERAL AND SIMILAR OFFI4 CERS.—The service of an officer of the Armed Forces as 

5 adjutant general, or as an officer (other than adjutant 

6 general) of the National Guard of a State who performs 

7 the duties of adjutant general under the laws of such 

8 State, shall be treated as joint duty or joint duty experi9 ence for purposes of any provisions of law required such 

10 duty or experience as a condition of assignment or pro11 motion. 

12 (c) ANNUAL REPORTS ON DUTY IN JOINT FORCE

13 HEADQUARTERS TO QUALIFY AS JOINT DUTY EXPERI14 ENCE.—Not later than six months after the date of the 

15 enactment of this Act, and annually thereafter, the Chief 

16 of the National Guard Bureau shall, in consultation with 

17 the adjutants general of the National Guard, submit to 

18 the Chairman of the Joint Chiefs of Staff and to Congress 

19 a report setting forth the recommendations of the Chief 

20 of the National Guard Bureau as to which duty of officers 

21 and of enlisted personnel of the National Guard in the 

22 Joint Force Headquarters of the National Guard of the 

23 States should qualify as joint duty or joint duty experience 

24 for purposes of the provisions of law requiring such duty 

25 or experience as a condition of assignment or promotion. 


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1 (d) ANNUAL REPORTS ON JOINT EDUCATION

2 COURSES.—Not later than six months after the date of 

3 the enactment of this Act, and annually thereafter, the 

4 Chairman of the Joint Chiefs of Staff shall submit to Con5 gress a report setting forth information on the joint edu6 cation courses available through the Department of De7 fense for purposes of the pursuit of joint careers by offi8 cers in the Armed Forces. Each report shall include, for 

9 the preceding year, the following: 

10 (1) A list and description of the joint education 

11 courses so available during such year. 

12 (2) A list and description of the joint education 

13 courses listed under paragraph (1) that are available 

14 to and may be completed by officers of the reserve 

15 components of the Armed Forces in other than an 

16 in-resident duty status under title 10, United States 

17 Code, or title 32, United States Code. 

18 (3) For each course listed under paragraph (1), 

19 the number of officers from each Armed Force who 

20 pursued such course during such year, including the 

21 number of officers of the Army National Guard, and 

22 of the Air National Guard, who pursued such course. 


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1 SEC. 6. ENHANCEMENT OF AUTHORITIES RELATING TO 

2 THE UNITED STATES NORTHERN COMMAND 

3 AND OTHER COMBATANT COMMANDS. 

4 (a) COMMANDS RESPONSIBLE FOR SUPPORT TO

5 CIVIL AUTHORITIES IN THE UNITED STATES.—The 

6 United States Northern Command and the United States 

7 Pacific Command shall be the combatant commands of the 

8 Armed Forces that are principally responsible for the sup9 port of civil authorities in the United States by the Armed 

10 Forces. 

11 (b) DISCHARGE OF RESPONSIBILITY.—In dis12 charging the responsibility set forth in subsection (a), the 

13 Commander of the United States Northern Command and 

14 the Commander of the United States Pacific Command 

15 shall each— 

16 (1) in consultation with and acting through the 

17 Chief of the National Guard Bureau and the Joint 

18 Force Headquarters of the National Guard of the 

19 State or States concerned, assist the States in the 

20 employment of the National Guard under State con21 trol, including National Guard operations conducted 

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

23 Code; and 

24 (2) facilitate the deployment of the Armed 

25 Forces on active duty under title 10, United States 

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1 tional Guard in its support of civil authorities when 

2 National Guard operations are conducted under 

3 State control, whether in State active duty or under 

4 title 32, United States Code. 

5 (c) MEMORANDUM OF UNDERSTANDING.— 

6 (1) MEMORANDUM REQUIRED.—Not later than 

7 180 days after the date of the enactment of this Act, 

8 the Commander of the United States Northern Com9 mand, the Commander of the United States Pacific 

10 Command, and the Chief of the National Guard Bu11 reau shall, with the approval of the Secretary of De12 fense, jointly enter into a memorandum of under13 standing setting forth the operational relationships, 

14 and individual roles and responsibilities, during re15 sponses to domestic emergencies among the United 

16 States Northern Command, the United States Pa17 cific Command, and the National Guard Bureau. 

18 (2) MODIFICATION.—The Commander of the 

19 United States Northern Command, the Commander 

20 of the United States Pacific Command, and the 

21 Chief of the National Guard Bureau may from time 

22 to time modify the memorandum of understanding 

23 under this subsection to address changes in cir24 cumstances and for such other purposes as the Com25 mander of the United States Northern Command, 


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1 the Commander of the United States Pacific Com2 mand, and the Chief of the National Guard Bureau 

3 jointly consider appropriate. Each such modification 

4 shall be subject to the approval of the Secretary of 

5 Defense. 

6 (d) AUTHORITY TO MODIFY ASSIGNMENT OF COM7 MAND RESPONSIBILITY.—Nothing in this section shall be 

8 construed as altering or limiting the power of the Presi9 dent or the Secretary of Defense to modify the Unified 

10 Command Plan in order to assign all or part of the respon11 sibility described in subsection (a) to a combatant com12 mand other than the United States Northern Command 

13 or the United States Pacific Command. 

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

15 prescribe regulations for purposes of aiding the expedi16 tious implementation of the authorities and responsibilities 

17 in this section. 

18 SEC. 7. STATE CONTROL OF FEDERAL MILITARY FORCES 

19 ENGAGED IN ACTIVITIES WITHIN THE STATES 

20 AND POSSESSIONS. 

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

22 United States Code, is amended by inserting after chapter 

23 15 the following new chapter: 


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1 ‘‘CHAPTER 16—CONTROL OF THE ARMED 

2 FORCES IN ACTIVITIES WITHIN THE 

3 STATES AND POSSESSIONS 

‘‘Sec. 

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

and possessions: emergency response activities. 

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

5 in activities within the States and posses6 sions: emergency response activities 

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

8 prescribe in regulations policies and procedures to assure 

9 that tactical control of the armed forces on active duty 

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

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

12 forces are engaged in emergency response activities within 

13 such State or possession. 

14 ‘‘(b) DISCHARGE THROUGH JOINT FORCE HEAD15 QUARTERS.—The policies and procedures required under 

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

17 control by the governor of a State or possession as de18 scribed in that subsection through the Joint Force Head19 quarters of the National Guard in the State or possession, 

20 as the case may be, acting through the officer of the Na21 tional Guard in command of the Headquarters. 

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

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1 sessions’ means the Commonwealth of Puerto Rico, Guam, 

2 and the Virgin Islands.’’. 

3 (b) CLERICAL AMENDMENTS.—The tables of chap4 ters at the beginning of title 10, United States Code, and 

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

6 each amended by inserting after the item relating to chap7 ter 15 the following new item: 

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

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

8 SEC. 8. REQUIREMENTS RELATING TO NATIONAL GUARD 

9 OFFICERS IN CERTAIN COMMAND POSITIONS. 

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

11 officer serving in the position of Commander, Army North 

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

13 of the United States. 

14 (b) COMMANDER OF AIR FORCE NORTH COM15 MAND.—The officer serving in the position of Commander, 

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

17 National Guard of the United States. 

18 (c) SENSE OF CONGRESS.—It is the sense of Con19 gress that, in assigning officers to the command positions 

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

21 afford a preference in assigning officers in the Army Na22 tional Guard of the United States or Air National Guard 

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

24 the adjutant general of a State. 


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1 (d) CERTAIN JOINT TASK FORCE POSITIONS.— 

2 (1) IN GENERAL.—Of the officers serving in the 

3 positions specified in each subparagraph of para4 graph (2), as least one such officer under each sub5 paragraph shall be an officer in the Army National 

6 Guard of the United States or an officer in the Air 

7 National Guard of the United States. 

8 (2) COVERED POSITIONS.—The positions speci9 fied in this paragraph are: 

10 (A) Commander, Joint Task Force Alaska, 

11 and Deputy Commander, Joint Task Force 

12 Alaska. 

13 (B) Commander, Joint Task Force Civil 

14 Support, and Deputy Commander, Joint Task 

15 Force Civil Support. 

16 (C) Commander, Joint Task Force North, 

17 and Deputy Commander, Joint Task Force 

18 North. 

Æ 


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