II 

110TH CONGRESS 

1ST SESSION S. 430 

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 

JANUARY 30, 2007 

Mr. BOND (for himself, Mr. LEAHY, Mr. NELSON of Nebraska, and Ms. 

SNOWE) 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 Guard Em5 powerment Act of 2007’’. 


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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 of 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 NA22 TIONAL 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 adviser’’. 

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

4 Such section is further amended— 

5 (i) by redesignating subsections (d) and (e) 

6 as subsections (e) and (f), respectively; 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 adjutants 

16 general 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 title 10, United States Code, is 

8 amended to read as 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 SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO 

19 LIEUTENANT GENERAL AND VICE ADMIRAL 

20 GRADES ON THE ACTIVE-DUTY LIST. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 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. PROMOTION OF RESERVE OFFICERS TO LIEUTEN21 ANT GENERAL GRADE. 

22 (a) TREATMENT OF SERVICE AS ADJUTANT GEN23 ERAL AS JOINT DUTY EXPERIENCE.— 


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1 (1) DIRECTORS OF ARMY AND AIR NATIONAL

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

3 States Code, is amended— 

4 (A) by redesignating subparagraphs (C), 

5 (D), and (E) as subparagraphs (D), (E), and 

6 (F), respectively; and 

7 (B) by inserting after subparagraph (B) 

8 the following new subparagraph (C): 

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

10 be treated as joint duty experience for purposes of sub11 paragraph (B)(ii).’’. 

12 (2) OTHER OFFICERS.—The service of an offi13 cer of the Armed Forces as adjutant general, or as 

14 an officer (other than adjutant general) of the Na15 tional Guard of a State who performs the duties of 

16 adjutant general under the laws of such State, shall 

17 be treated as joint duty or joint duty experience for 

18 purposes of any provisions of law required such duty 

19 or experience as a condition of promotion. 

20 (b) REPORTS ON PROMOTION OF RESERVE MAJOR

21 GENERALS TO LIEUTENANT GENERAL GRADE.— 

22 (1) REVIEW REQUIRED.—The Secretary of the 

23 Army and the Secretary of the Air Force shall each 

24 conduct a review of the promotion practices of the 

25 military department concerned in order to identify 


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1 and assess the practices of such military department 

2 in the promotion of reserve officers from major gen3 eral grade to lieutenant general grade. 

4 (2) REPORTS.—Not later than 60 days after 

5 the date of the enactment of this Act, the Secretary 

6 of the Army and the Secretary of the Air Force shall 

7 each submit to the congressional defense committees 

8 a report on the review conducted by such official 

9 under paragraph (1). Each report shall set forth— 

10 (A) the results of such review; and 

11 (B) a description of the actions intended to 

12 be taken by such official to encourage and fa13 cilitate the promotion of additional reserve offi14 cers from major general grade to lieutenant 

15 general grade. 

16 (3) CONGRESSIONAL DEFENSE COMMITTEES

17 DEFINED.—In this subsection, the term ‘‘congres18 sional defense committees’’ means— 

19 (A) the Committees on Armed Services 

20 and Appropriations of the Senate; and 

21 (B) the Committees on Armed Services 

22 and Appropriations of the House of Representa23 tives. 


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1 SEC. 5. REQUIREMENT THAT POSITION OF DEPUTY COM2 MANDER OF THE UNITED STATES NORTHERN 

3 COMMAND BE FILLED BY A QUALIFIED NA4 TIONAL GUARD OFFICER. 

5 (a) IN GENERAL.—The position of Deputy Com6 mander of the United States Northern Command shall be 

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

8 eligible for promotion to the grade of lieutenant general. 

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

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

11 the National Guard Bureau regarding the operation of the 

12 National Guard of the several States is integrated into the 

13 plans and operations of the United States Northern Com14 mand. 

15 SEC. 6. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

16 PREPARE ANNUAL PLAN FOR RESPONSE TO 

17 NATURAL DISASTERS AND TERRORIST 

18 EVENTS. 

19 (a) REQUIREMENT FOR ANNUAL PLAN.—Not later 

20 than March 1, 2007, and each March 1 thereafter, the 

21 Secretary of Defense, in consultation with the commander 

22 of the United States Northern Command and the Chief 

23 of the National Guard Bureau, shall prepare and submit 

24 to Congress a plan for coordinating the use of the Na25 tional Guard and members of the Armed Forces on active 

26 duty when responding to natural disasters, acts of terVerDate Aug 31 2005 23:02 Jan 31, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S430.IS S430

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1 rorism, and other man-made disasters as identified in the 

2 national planning scenarios described in subsection (e). 

3 (b) INFORMATION TO BE PROVIDED TO SEC4 RETARY.—To assist the Secretary of Defense in preparing 

5 the plan, the National Guard Bureau, pursuant to its pur6 pose as channel of communications as set forth in section 

7 10501(b) of title 10, United States Code, shall provide to 

8 the Secretary information gathered from Governors, adju9 tants general of States, and other State civil authorities 

10 responsible for homeland preparation and response to nat11 ural and man-made disasters. 

12 (c) TWO VERSIONS.—The plan shall set forth two 

13 versions of response, one using only members of the Na14 tional Guard, and one using both members of the National 

15 Guard and members of the regular components of the 

16 Armed Forces. 

17 (d) MATTERS COVERED.—The plan shall cover, at a 

18 minimum, the following: 

19 (1) Protocols for the Department of Defense, 

20 the National Guard Bureau, and the Governors of 

21 the several States to carry out operations in coordi22 nation with each other and to ensure that Governors 

23 and local communities are properly informed and re24 main in control in their respective States and com25 munities. 


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1 (2) An identification of operational procedures, 

2 command structures, and lines of communication to 

3 ensure a coordinated, efficient response to contin4 gencies. 

5 (3) An identification of the training and equip6 ment needed for both National Guard personnel and 

7 members of the Armed Forces on active duty to pro8 vide military assistance to civil authorities and for 

9 other domestic operations to respond to hazards 

10 identified in the national planning scenarios. 

11 (e) NATIONAL PLANNING SCENARIOS.—The plan 

12 shall provide for response to the following hazards: 

13 (1) Nuclear detonation, biological attack, bio14 logical disease outbreak/pandemic flu, the plague, 

15 chemical attack-blister agent, chemical attack-toxic 

16 industrial chemicals, chemical attack-nerve agent, 

17 chemical attack-chlorine tank explosion, major hurri18 cane, major earthquake, radiological attack-radio19 logical dispersal device, explosives attack-bombing 

20 using improvised explosive device, biological attack21 food contamination, biological attack-foreign animal 

22 disease and cyber attack. 

23 (2) Any other hazards identified in a national 

24 planning scenario developed by the Homeland Secu25 rity Council. 


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1 SEC. 7. ADDITIONAL REPORTING REQUIREMENTS RELAT2 ING TO NATIONAL GUARD EQUIPMENT. 

3 Section 10541 of title 10, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(d) Each report under this section concerning equip7 ment of the National Guard shall also include the fol8 lowing: 

9 ‘‘(1) A statement of the accuracy of the projec10 tions required by subsection (b)(5)(D) contained in 

11 earlier reports under this section, and an expla12 nation, if the projection was not met, of why the 

13 projection was not met. 

14 ‘‘(2) A certification from the Chief of the Na15 tional Guard Bureau setting forth an inventory for 

16 the preceding fiscal year of each item of equip17 ment— 

18 ‘‘(A) for which funds were appropriated; 

19 ‘‘(B) which was due to be procured for the 

20 National Guard during that fiscal year; and 

21 ‘‘(C) which has not been received by a Na22 tional Guard unit as of the close of that fiscal 

23 year.’’. 

Æ 


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