S.Amdt. 4271Senate109th Congress (2005-2007)

To enhance the authorities and responsibilities of the National Guard Bureau.

What it does: Adds Subtitle D--National Guard Bureau Matters SEC. 931. SHORT TITLE at the end of title IX
Submitted June 15, 2006

What it changes

1 change to S. 2766 · shown in the bill's text

Adds a section
  1. Adds Subtitle D--National Guard Bureau Matters SEC. 931. SHORT TITLE at the end of title IX

    Adds a section

    In S. 2766 · Placed on Calendar Senate

    Section 8111(d)(4) of title 38, United States Code, is amended by striking "September 30, 2007" and inserting "September 30, 2010".

    Inserted: Subtitle D--National Guard Bureau Matters SEC. 931. SHORT TITLE.

    Inserted: This title may be cited as the "National Defense Enhancement and National Guard Empowerment Act of 2006".

    Inserted: SEC. 9322. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.

    Inserted: (a) Expanded Authority.--

    Inserted: (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".

    Inserted: (2) Purpose.--Subsection (b) of such section is amended by striking "between" and all that follows and inserting "between--

    Inserted: "(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

    Inserted: "(2) the several States.".

    Inserted: (b) Enhancements of Position of Chief of the National Guard Bureau.--

    Inserted: (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".

    Inserted: (2) 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".

    Inserted: (3) Annual report to congress on validated requirements.--Section 10504 of such title is amended by adding at the end the following new subsection:

    Show 31 more inserted paragraphs

    Inserted: "(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 requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year.".

    Inserted: (c) Enhancement of Functions of National Guard Bureau.--

    Inserted: (1) Development of charter.--Section 10503 of title 10, United States Code, is amended--

    Inserted: (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

    Inserted: (B) in paragraph (12), by striking "the Secretaries" and inserting "the Secretary of Defense".

    Inserted: (2) Additional general functions.--Such section is further amended--

    Inserted: (A) by redesignating paragraph (12), as amended by paragraph (1)(B) of this subsection, as paragraph (13); and

    Inserted: (B) by inserting after paragraph (11) the following new paragraph (12):

    Inserted: "(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.".

    Inserted: (3) Military assistance for civil authorities.--Chapter 1011 of such title is further amended by inserting after section 10503 the following new section:

    Inserted: "Sec. 10503a. Functions of National Guard Bureau: military assistance to civil authorities

    Inserted: "(a) Identification of Additional Necessary Assistance.--The Chief of the National Guard Bureau shall--

    Inserted: "(1) identify gaps between Federal and State capabilities to prepare for and respond to emergencies; and

    Inserted: "(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.

    Inserted: "(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:

    Inserted: "(1) To validate the requirements of the several States and Territories with respect to military assistance to civil authorities.

    Inserted: "(2) To develop doctrine and training requirements relating to the provision of military assistance to civil authorities.

    Inserted: "(3) To administer amounts provided the National Guard for the provision of military assistance to civil authorities.

    Inserted: "(4) To carry out any other responsibility relating to the provision of military assistance to civil authorities as the Secretary of Defense shall specify.

    Inserted: "(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.

    Inserted: "(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.".

    Inserted: (4) 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.

    Inserted: (d) Conforming and Clerical Amendments.--

    Inserted: (1) Conforming amendment.--The heading of section 10503 of such title is amended to read as follows:

    Inserted: "Sec. 10503. Functions of National Guard Bureau: charter".

    Inserted: (2) 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 inserting the following new items:

    Inserted: "10503. Functions of National Guard Bureau: charter.

    Inserted: "10503a. Functions of National Guard Bureau: military assistance to civil authorities.".

    Inserted: SEC. 933. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL GUARD OFFICER.

    Inserted: (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.

    Inserted: (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.

    Original wording

    At the end of title IX, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4271. Mr. BOND (for himself and Mr. Leahy) submitted an amendment intended to be proposed by him to the bill S. 2766, to authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title IX, add the following:

Subtitle D--National Guard Bureau Matters SEC. 931. SHORT TITLE.

This title may be cited as the “National Defense Enhancement and National Guard Empowerment Act of 2006”.

SEC. 9322. 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) 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”.

(3) 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 requirements validated under section 10503a(b)(1) of this title during the preceding fiscal year.”.

(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 administer amounts provided the National Guard for the provision of military assistance to civil authorities.

“(4) 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) 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 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 inserting the following new items:

“10503. Functions of National Guard Bureau: charter.

“10503a. Functions of National Guard Bureau: military assistance to civil authorities.”.

SEC. 933. 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.

Legislative Activity

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Senate amendment agreed to: Amendment SA 4271 agreed to in Senate by Unanimous Consent.

June 20, 2006

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Senate amendment agreed to: Amendment SA 4271 agreed to in Senate by Unanimous Consent.

June 20, 2006

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Senate amendment proposed (on the floor): Amendment SA 4271 proposed by Senator Warner for Senator Bond.

June 20, 2006

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Amendment SA 4271 proposed by Senator Warner for Senator Bond. (consideration: CR S6117-6122; text: CR S6118-6119) To enhance the authorities and responsibilities of the National Guard Bureau.

June 20, 2006

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Amendment SA 4271 agreed to in Senate by Unanimous Consent.

June 20, 2006

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Senate amendment submitted

June 15, 2006