[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5200 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5200
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 HOUSE OF REPRESENTATIVES
April 26, 2006
Mr. Tom Davis of Virginia (for himself, Mr. Taylor of Mississippi, Mr.
Gibbons, Mr. Hayes, Mr. Wilson of South Carolina, and Mrs. Miller of
Michigan) 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 Chief of the National Guard Bureau and the
enhancement of the functions of the National Guard Bureau, 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 Defense Enhancement and
National Guard Empowerment Act of 2006''.
SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND
EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Expanded Authority.--
(1) In general.--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 Department of
Defense''.
(2) Purpose.--Subsection (b) of such section is amended by
striking ``between'' and all that follows and inserting
``between--
``(1)(A) the Secretary of Defense, the Joint Chiefs of
Staff, and the commanders of the combatant commands for the
United States, and (B) the Department of the Army and the
Department of the Air Force; and
``(2) the several States.''.
(b) Enhancements of Position of Chief of the National Guard
Bureau.--
(1) Advisory function on national guard matters.--
Subsection (c) of section 10502 of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense, to
the Chairman of the Joint Chiefs of Staff,'' after ``principal
advisor''.
(2) Member of joint chiefs of staff.--(A) Such section is
further amended--
(i) by redesignating subsection (d) as subsection
(e); and
(ii) 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) Section 151(a) of such title is amended by adding at
the end the following new paragraph:
``(7) The Chief of the National Guard Bureau.''.
(3) Grade.--Subsection (e) of such section, as redesignated
by paragraph (2)(A)(i) of this subsection, is further amended
by striking ``lieutenant general'' and inserting ``general''.
(4) Annual report to congress on validated requirements.--
Section 10504 of such title 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.''.
(c) Enhancement of Functions of National Guard Bureau.--
(1) Development of charter.--Section 10503 of title 10,
United States Code, is amended--
(A) in the matter preceding paragraph (1), 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
Secretary of the Army and the Secretary of the Air
Force, shall develop''; and
(B) in paragraph (12), by striking ``the
Secretaries'' and inserting ``the Secretary of
Defense''.
(2) Additional general functions.--Such section is further
amended--
(A) by redesignating paragraph (12), as amended by
paragraph (1)(B) of this subsection, as paragraph (13);
and
(B) by inserting after paragraph (11) the following
new paragraph (12):
``(12) Facilitating and coordinating with other Federal
agencies, and with the several States, the use of National
Guard personnel and resources for and in contingency
operations, military operations other than war, natural
disasters, support of civil authorities, and other
circumstances.''.
(3) Military assistance for civil authorities.--Chapter
1011 of such title is further 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 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 Adjutant Generals 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.--The Chief of the National Guard Bureau shall
carry out activities under this section in consultation with the
Secretary of the Army and the Secretary of the Air Force.''.
(4) Budgeting for training and equipment for military
assistance to civil authorities and other domestic missions.--
Chapter 1013 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 10544. National Guard training and equipment: 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
training and equipment for the National Guard for purposes of military
assistance to civil authorities and for other domestic operations
during such fiscal year.
``(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.''.
(5) Limitation on increase in personnel of national guard
bureau.--The Secretary of Defense shall, to the extent
practicable, ensure that no additional personnel are assigned
to the National Guard Bureau in order to address administrative
or other requirements arising out of the amendments made by
this subsection.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendments.--(A) The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 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.''.
(B) 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: budget for military
assistance to civil authorities and for
other domestic operations.''.
(e) Termination of Position of Assistant to Chairman of Joint
Chiefs of Staff for National Guard Matters.--Section 901 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1853; 10 U.S.C. 155 note) is amended to read as
follows:
``SEC. 901. ASSISTANT TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR
RESERVE MATTERS.
``(a) In General.--There is within the Joint Staff the position of
Assistant to the Chairman of the Joint Chiefs of Staff for Reserve
Matters.
``(b) Selection.--The Assistant to the Chairman of the Joint Chiefs
of Staff for Reserve Matters shall be selected by the Chairman from
officers of the Army Reserve, the Navy Reserve, the Marine Corps
Reserve, or the Air Force Reserve who--
``(1) are recommended for such selection by the Secretary
of the military department concerned;
``(2) have had at least 10 years of commissioned service in
their reserve component; and
``(3) are in a grade above colonel or, in the case the Navy
Reserve, captain.
``(c) Term of Office.--The Assistant to the Chairman of the Joint
Chiefs of Staff for Reserve Matters serves at the pleasure of the
Chairman for a term of two years and may be continued in that
assignment in the same manner, for one additional term. However, in a
time of war there is no limit on the number of terms.
``(d) Grade.--The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters while so serving, holds the grade of major
general or, in the case of the Navy Reserve, rear admiral. The officer
serving in the position shall be considered to be serving in a position
external to that officer's Armed Force for purposes of section 721 of
title 10, United States Code.
``(e) Duties.--The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters is an advisor to the Chairman on matters
relating to the reserves and performs the duties prescribed for the
position by the Chairman.
``(f) Other Reserve Component Representation on Joint Staff.--The
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall develop appropriate policy guidance to ensure
that, to the maximum extent practicable, the level of reserve component
officer representation within the Joint Staff is commensurate with the
significant role of the reserve components within the Total Force.''.
SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL
AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST.
(a) Sense of Congress.--It is the sense of Congress that, whenever
officers are considered for promotion to the grade of lieutenant
general, or vice admiral in the case of the Navy, on the active duty
list, officers of the reserve components of the Armed Forces who are
eligible for promotion to such grade should be considered for promotion
to such grade.
(b) Proposal.--The Secretary of Defense shall submit to Congress a
proposal for mechanisms to achieve the objective specified in
subsection (a). The proposal shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in order to achieve that objective.
(c) Notice Accompanying Nominations.--The President shall include
with each nomination of an officer to the grade of lieutenant general,
or vice admiral in the case of the Navy, on the active-duty list that
is submitted to the Senate for consideration a certification that all
reserve officers who were eligible for consideration for promotion to
such grade were considered in the making of such nomination.
SEC. 4. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED
STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL
GUARD OFFICER.
(a) In General.--The position of Deputy Commander of the United
States Northern Command shall be filled by a qualified officer of the
National Guard who is eligible for promotion to the grade of lieutenant
general.
(b) Purpose.--The purpose of the requirement in subsection (a) is
to ensure that information received from the National Guard Bureau
regarding the operation of the National Guard of the several States is
integrated into the plans and operations of the United States Northern
Command.
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