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Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for re-
sponse to natural disasters and terrorist events. 
Sec. 1615. Determination of Department of Defense civil support requirements. 
Sec. 1616. Conforming and clerical amendments. 
Subtitle B—Additional Reserve Component Enhancement 
Sec. 1621. United States Northern Command. 
Sec. 1622. Council of Governors. 
Sec. 1623. Reserve Components Policy Board. 
Sec. 1624. Requirements for certain high-level positions to be held by reserve 
component general or flag officers. 
Sec. 1625. Retirement age and years of service limitations on certain reserve 
general and flag officers. 
Sec. 1626. Additional reporting requirements relating to National Guard equip-
ment. 
SEC. 1601. SHORT TITLE. 
This title may be cited as the ‘‘National Guard Em-
powerment Act’’. 
Subtitle A—National Guard Bureau 
SEC. 1611. ENHANCEMENT OF DUTIES AND POSITION OF 
CHIEF OF THE NATIONAL GUARD BUREAU. 
(a) PRINCIPAL ADVISER
TO SECRETARY
OF DE-
FENSE THROUGH CHAIRMAN OF JOINT CHIEFS OF STAFF 
ON NATIONAL GUARD MATTERS.—Subsection (c) of sec-
tion 10502 of title 10, United States Code, is amended 
by inserting after ‘‘principal adviser’’ the following: ‘‘to 
the Secretary of Defense (through the Chairman of the 
Joint Chiefs of Staff),’’. 
(b) ADVISER
TO COMMANDER
OF
THE UNITED 
STATES
NORTHERN
COMMAND
AND
SECRETARY
OF 
HOMELAND SECURITY.—Subsection (c) of such section is 
further amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Chief’’; and
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(2) by adding at the end the following new 
paragraph: 
‘‘(2) The Chief of the National Guard Bureau also 
is an adviser on such matters to the commander of the 
combatant command the geographic area of responsibility 
of which includes the United States and to the Secretary 
of Homeland Security.’’. 
(c) APPOINTMENT TO OFFICE IN GRADE OF GEN-
ERAL.—Subsection (d) of such section is amended by 
striking ‘‘lieutenant general’’ and inserting ‘‘general’’. 
(d) APPOINTMENT PROCESS.—Subsection (a) of such 
section is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘There is’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(2) The Secretary of Defense shall establish a proc-
ess to identify, from among the officers of the Army Na-
tional Guard of the United States and Air National Guard 
of the United States recommended under paragraph 
(1)(A), the best qualified officer or officers whom the Sec-
retary of Defense will recommend for consideration by the 
President for appointment as Chief of the National Guard 
Bureau.
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‘‘(3) In establishing the process under paragraph (2), 
the Secretary of Defense shall— 
‘‘(A) consider such procedural recommendations 
as the current Chief of the National Guard Bureau 
may provide; 
‘‘(B) employ a selection advisory board, which 
shall be appointed, charted, and instructed by agree-
ment between the Secretary of the Army and the 
Secretary of the Air Force; and 
‘‘(C) incorporate the requirements of section 
601(d) of this title relating to a performance evalua-
tion and necessary qualifications for the position.’’. 
(e) REPEAL OF PROHIBITION ON CHIEF HOLDING 
OFFICE AFTER AGE 64.—Subsection (b) of such section 
is amended by striking ‘‘An officer may not hold that of-
fice after becoming 64 years of age.’’. 
(f) APPOINTMENT OF NEXT CHIEF OF THE NA-
TIONAL GUARD BUREAU.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the President recommendations 
regarding the best qualified officer or officers for consider-
ation by the President for appointment as the next Chief 
of the National Guard Bureau under section 10502 of title 
10, United States Code, as amended by this section. The 
amendments made by subsections (c), (d), and (e) shall
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apply with respect to such appointment. The officer serv-
ing in the office of Chief of the National Guard Bureau 
as of the date of the enactment of this Act may be rec-
ommended for appointment and appointed to that office 
to serve in the grade of general. 
SEC. 1612. ESTABLISHMENT OF NATIONAL GUARD BUREAU 
AS JOINT ACTIVITY OF DEPARTMENT OF DE-
FENSE. 
(a) JOINT ACTIVITY OF THE DEPARTMENT OF DE-
FENSE.—Subsection (a) of section 10501 of title 10, 
United States Code, is amended by striking ‘‘joint bureau 
of the Department of the Army and the Department of 
the Air Force’’ and inserting ‘‘joint activity of the Depart-
ment of Defense’’. 
(b) JOINT MANPOWER REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 1011 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 10508. National Guard Bureau: general provisions 
‘‘The manpower requirements of the National Guard 
Bureau as a joint activity of the Department of Defense 
shall be determined in accordance with regulations pre-
scribed by the Secretary of Defense, in consultation with 
the Chairman of the Joint Chiefs of Staff.’’.
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘10508. National Guard Bureau: general provisions.’’. 
SEC. 1613. ENHANCEMENT OF FUNCTIONS OF NATIONAL 
GUARD BUREAU. 
(a) ADDITIONAL
GENERAL
FUNCTIONS.—Section 
10503 of title 10, United States Code, is amended— 
(1) by redesignating paragraph (12), as para-
graph (13); and 
(2) by inserting after paragraph (11) the fol-
lowing new paragraph (12): 
‘‘(12)(A) Facilitating and coordinating with the 
entities listed in subparagraph (B) the use of Na-
tional Guard personnel and resources for operations 
conducted under title 32, or in support of State mis-
sions. 
‘‘(B) The entities listed in this subparagraph 
for purposes of subparagraph (A) are the following: 
‘‘(i) Other Federal agencies. 
‘‘(ii) The Adjutants General of the States. 
‘‘(iii) The United States Joint Forces 
Command. 
‘‘(iv) The combatant command the geo-
graphic area of responsibility of which includes 
the United States,’’.
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(b) CHARTER DEVELOPED
AND PRESCRIBED
BY 
SECRETARY OF DEFENSE.—Section 10503 of such title 
is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘The Secretary of the 
Army and the Secretary of the Air Force shall 
jointly develop’’ and inserting ‘‘The Secretary of 
Defense, in consultation with the Chairman of 
the Joint Chiefs of Staff, the Secretary of the 
Army, and the Secretary of the Air Force, shall 
develop’’; and 
(B) by striking ‘‘cover’’ in the second sen-
tence and inserting ‘‘reflect the full scope of the 
duties and activities of the Bureau, including’’; 
and 
(2) in paragraph (12), by striking ‘‘the Secre-
taries’’ and inserting ‘‘the Secretary of Defense’’. 
SEC. 1614. REQUIREMENT FOR SECRETARY OF DEFENSE TO 
PREPARE ANNUAL PLAN FOR RESPONSE TO 
NATURAL 
DISASTERS 
AND 
TERRORIST 
EVENTS. 
(a) REQUIREMENT FOR ANNUAL PLAN.—Not later 
than March 1, 2008, and each March 1 thereafter, the 
Secretary of Defense, in consultation with the commander 
of the United States Northern Command and the Chief
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of the National Guard Bureau, shall prepare and submit 
to Congress a plan for coordinating the use of the Na-
tional Guard and members of the Armed Forces on active 
duty when responding to natural disasters, acts of ter-
rorism, and other man-made disasters as identified in the 
national planning scenarios described in subsection (e). 
(b) INFORMATION
TO
BE
PROVIDED
TO
SEC-
RETARY.—To assist the Secretary of Defense in preparing 
the plan, the National Guard Bureau, pursuant to its pur-
pose as channel of communications as set forth in section 
10501(b) of title 10, United States Code, shall provide to 
the Secretary information gathered from Governors, adju-
tants general of States, and other State civil authorities 
responsible for homeland preparation and response to nat-
ural and man-made disasters. 
(c) TWO VERSIONS.—The plan shall set forth two 
versions of response, one using only members of the Na-
tional Guard, and one using both members of the National 
Guard and members of the regular components of the 
Armed Forces. 
(d) MATTERS COVERED.—The plan shall cover, at a 
minimum, the following: 
(1) Protocols for the Department of Defense, 
the National Guard Bureau, and the Governors of 
the several States to carry out operations in coordi-
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nation with each other and to ensure that Governors 
and local communities are properly informed and re-
main in control in their respective States and com-
munities. 
(2) An identification of operational procedures, 
command structures, and lines of communication to 
ensure a coordinated, efficient response to contin-
gencies. 
(3) An identification of the training and equip-
ment needed for both National Guard personnel and 
members of the Armed Forces on active duty to pro-
vide military assistance to civil authorities and for 
other domestic operations to respond to hazards 
identified in the national planning scenarios. 
(e) NATIONAL PLANNING SCENARIOS.—The plan 
shall provide for response to the following hazards: Nu-
clear detonation, biological attack, biological disease out-
break/pandemic flu, the plague, chemical attack-blister 
agent, chemical attack-toxic industrial chemicals, chemical 
attack-nerve agent, chemical attack-chlorine tank explo-
sion, major hurricane, major earthquake, radiological at-
tack-radiological dispersal device, explosives attack-bomb-
ing using improvised explosive device, biological attack- 
food contamination, biological attack-foreign animal dis-
ease and cyber attack.
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SEC. 1615. DETERMINATION OF DEPARTMENT OF DEFENSE 
CIVIL SUPPORT REQUIREMENTS. 
(a) DETERMINATION OF REQUIREMENTS.—The Sec-
retary of Defense shall determine the military-unique ca-
pabilities needed to be provided by the Department of De-
fense to support civil authorities in an incident of national 
significance or a catastrophic incident. 
(b) PLAN FOR FUNDING CAPABILITIES.— 
(1) PLAN.—The Secretary of Defense shall de-
velop and implement a plan, in coordination with the 
Secretaries of the military departments and the 
Chairman of the Joint Chiefs of Staff, for providing 
the funds and resources necessary to develop and 
maintain the following: 
(A) The military-unique capabilities deter-
mined under subsection (a). 
(B) Any additional capabilities determined 
by the Secretary to be necessary to support the 
use of the active components and the reserve 
components of the armed forces for homeland 
defense 
missions, 
domestic 
emergency 
re-
sponses, and providing military support to civil 
authorities. 
(2) TERM OF PLAN.—The plan required under 
paragraph (1) shall cover at least five years.
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(c) BUDGET.—The Secretary of Defense shall include 
in the materials accompanying the budget submitted for 
each fiscal year a request for funds necessary to carry out 
the plan required under subsection (b) during the fiscal 
year covered by the budget. The defense budget materials 
shall delineate and explain the budget treatment of the 
plan for each component of each military department, each 
combatant command, and each affected Defense Agency. 
(d) IMPLEMENTATION.—In carrying out this section, 
the Secretary of Defense, acting through the chairman of 
the Joint Chiefs of Staff, shall ensure the appropriate as-
signment of responsibilities, coordination of the efforts, 
and prioritization of renouncing by the appropriate com-
batant commands, the military departments, and the Na-
tional Guard Bureau. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘military-unique capabilities’’ 
means those capabilities that, in the view of the Sec-
retary of Defense— 
(A) cannot be provided by other Federal, 
State or local civilian agencies; and 
(B) are essential to provide support to civil 
authorities in an incident of national signifi-
cance or a catastrophic incident.
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(2) The term ‘‘defense budget materials’’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year. 
(f) 
STRATEGIC
PLANNING
GUIDANCE.—Section 
113(g)(2) of title 10, United States Code, is amended by 
striking ‘‘contingency plans’’ at the end of the first sen-
tence and inserting the following: ‘‘contingency plans, in-
cluding plans for providing support to civil authorities in 
an incident of national significance or a catastrophic inci-
dent, for homeland defense, and for military support to 
civil authorities’’. 
SEC. 1616. CONFORMING AND CLERICAL AMENDMENTS. 
(a) CONFORMING AMENDMENT.—The heading of sec-
tion 10503 of such title is amended to read as follows: 
‘‘§ 10503. Functions of National Guard Bureau: char-
ter’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 1011 of such title is amended 
by striking the item relating to section 10503 and insert-
ing the following new item: 
‘‘10503. Functions of National Guard Bureau: charter.’’. 
Subtitle B—Additional Reserve 
Component Enhancement 
SEC. 1621. UNITED STATES NORTHERN COMMAND. 
(a) MANPOWER REVIEW.—
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(1) REVIEW
BY
CHAIRMAN
OF
THE
JOINT 
CHIEFS OF STAFF.—Not later than one year after 
the date of the enactment of this Act, the Chairman 
of the Joint Chiefs of Staff shall submit to the Sec-
retary of Defense a review of the civilian and mili-
tary positions, job descriptions, and assignments 
within the United States Northern Command with 
the goal of significantly increasing the number of 
members of a reserve component assigned to, and ci-
vilians employed by, the United States Northern 
Command who have experience in the planning, 
training, and employment of forces for homeland de-
fense missions, domestic emergency response, and 
providing military support to civil authorities. 
(2) SUBMISSION OF RESULTS OF REVIEW.—Not 
later than 90 days after the date on which the Sec-
retary of Defense receives the results of the review 
under paragraph (1), the Secretary shall submit to 
Congress a copy of the results of the review, to-
gether with such recommendations as the Secretary 
considers appropriate to achieve the objectives of the 
review. 
(b) COMMAND
AND CONTROL
OF MIXED-STATUS 
FORCES IN CERTAIN MISSIONS.—