S.Amdt. 5406

1. Adds TITLE XVII--NATIONAL GUARD EMPOWERMENT AND RELATED MATTERS at the end of division A

   Adds a title

   In S. 3001 · Placed on Calendar Senate

   (2) Reports.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to Congress a report setting forth an assessment of the progress made in meeting the requirements of paragraph (1).

   Inserted: TITLE XVII--NATIONAL GUARD EMPOWERMENT AND RELATED MATTERS

   Inserted: SEC. 1701. SHORT TITLE.

   Inserted: This title may be cited as the "National Guard Empowerment and State-National Defense Integration Act of 2008".

   Inserted: SEC. 1702. EXPANDED AUTHORITY OF THE CHIEF OF THE NATIONAL GUARD BUREAU.

   Inserted: (a) Membership on Joint Chiefs of Staff.--

   Inserted: (1) In general.--Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

   Inserted: "(7) The Chief of the National Guard Bureau.".

   Inserted: (2) Conforming amendment.--Section 10502 of such title is amended--

   Inserted: (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

   Inserted: (B) by inserting after subsection (c) the following new subsection (d):

   Inserted: "(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.".

   Inserted: (b) Annual Report to Congress on Validated Requirements.--Section 10504 of title 10, United States Code, is amended by adding at the end the following new subsection:

   Show 96 more inserted paragraphsShow less

   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 following:

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

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: SEC. 1703. EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.

   Inserted: (a) Military Assistance for Civil Authorities.--Chapter 1011 of title 10, United States Code, is 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 military 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 adjutants general 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 acquire equipment, materiel, and other supplies and services for the provision of military assistance to civil authorities.

   Inserted: "(4) To assist the Secretary of Defense in preparing the budget required under section 10544 of this title.

   Inserted: "(5) To administer amounts provided the National Guard for the provision of military assistance to civil authorities.

   Inserted: "(6) 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.--(1) The Chief of the National Guard Bureau shall carry out activities under this section through and utilizing an integrated planning process established by the Chief of the National Guard Bureau for purposes of this subsection. The planning process may be known as the 'National Guard Bureau Strategic Integrated Planning Process'.

   Inserted: "(2)(A) Under the integrated planning process established under paragraph (1)--

   Inserted: "(i) the planning committee described in subparagraph (B) shall develop and submit to the planning directorate described in subparagraph (C) plans and proposals on such matters under the planning process as the Chief of the National Guard Bureau shall designate for purposes of this subsection; and

   Inserted: "(ii) the planning directorate shall review and make recommendations to the Chief of the National Guard Bureau on the plans and proposals submitted to the planning directorate under clause (i).

   Inserted: "(B) The planning committee described in this subparagraph is a planning committee (to be known as the 'State Strategic Integrated Planning Committee') composed of the adjutant general of each of the several States, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and the District of Columbia.

   Inserted: "(C) The planning directorate described in this subparagraph is a planning directorate (to be known as the 'Federal Strategic Integrated Planning Directorate') composed of the following (as designated by the Secretary of Defense for purposes of this subsection):

   Inserted: "(i) A major general of the Army National Guard.

   Inserted: "(ii) A major general of the Air National Guard.

   Inserted: "(iii) A major general of the regular Army.

   Inserted: "(iv) A major general of the regular Air Force.

   Inserted: "(v) A major general (other than a major general under clauses (iii) and (iv)) of the United States Northern Command.

   Inserted: "(vi) The Director of the Joint Staff of the National Guard Bureau under section 10505 of this title.

   Inserted: "(vii) Seven adjutants general from the planning committee under paragraph (B).".

   Inserted: (b) Budgeting for Training and Equipment for Military Assistance to Civil Authorities and Other Domestic Missions.--Chapter 1013 of such title is amended by adding at the end the following new section:

   Inserted: "Sec. 10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations

   Inserted: "(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.

   Inserted: "(b) Scope of Funding.--The amounts specified under subsection (a) for a fiscal year shall be sufficient for purposes as follows:

   Inserted: "(1) The development and implementation of doctrine and training requirements applicable to the assistance and operations described in subsection (a) for such fiscal year.

   Inserted: "(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.".

   Inserted: (c) Clerical Amendments.--

   Inserted: (1) The table of sections at the beginning of chapter 1011 of such title is amended by inserting after the item relating to section 10503 the following new item:

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

   Inserted: (2) The table of sections at the beginning of chapter 1013 of such title is amended by adding at the end the following new item:

   Inserted: "10544. National Guard training and equipment: budget for military assistance to civil authorities and for other domestic operations.".

   Inserted: SEC. 1704. REDESIGNATION OF POSITIONS OF DIRECTOR OF THE ARMY NATIONAL GUARD, DIRECTOR OF THE AIR NATIONAL GUARD, AND ASSOCIATED POSITIONS.

   Inserted: (a) Redesignation.--Section 10506 of title 10, United States Code, is amended--

   Inserted: (1) by striking "Director, Army National Guard" each place it appears and inserting "Vice Chief, Army National Guard";

   Inserted: (2) by striking "Deputy Director, Army National Guard" each place it appears and inserting "Deputy Vice Chief, Army National Guard";

   Inserted: (3) by striking "Director, Air National Guard" each place it appears and inserting "Vice Chief, Air National Guard"; and

   Inserted: (4) by striking "Deputy Director, Air National Guard" each place it appears and inserting "Deputy Vice Chief, Air National Guard".

   Inserted: (b) Conforming Amendment.--Section 14512(a)(2)(D) of such title is amended by striking "Director of the Army National Guard, or Director of the Air National Guard" and inserting "Vice Chief of the Army National Guard, or Vice Chief of the Air National Guard".

   Inserted: (c) References.--

   Inserted: (1) Director, army national guard.--Any reference in a law, regulation, document, paper, or other record of the United States to the Director of the Army National Guard shall be deemed to be a reference to the Vice Chief of the Army National Guard.

   Inserted: (2) Deputy director, army national guard.--Any reference in a law, regulation, document, paper, or other record of the United States to the Deputy Director of the Army National Guard shall be deemed to be a reference to the Deputy Vice Chief of the Army National Guard.

   Inserted: (3) Director, air national guard.--Any reference in a law, regulation, document, paper, or other record of the United States to the Director of the Air National Guard shall be deemed to be a reference to the Vice Chief of the Air National Guard.

   Inserted: (4) Deputy director, air national guard.--Any reference in a law, regulation, document, paper, or other record of the United States to the Deputy Director of the Air National Guard shall be deemed to be a reference to the Deputy Vice Chief of the Air National Guard.

   Inserted: SEC. 1705. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY EXPERIENCE.

   Inserted: (a) Vice Chiefs, Army and Air National Guard.--Section 10506(a)(3) of title 10, United States Code, as amended by section 1704(a) of this Act, is further amended--

   Inserted: (1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and

   Inserted: (2) by inserting after subparagraph (B) the following new subparagraph (C):

   Inserted: "(C) Service of an officer as adjutant general shall be treated as joint duty experience for purposes of assignment or promotion to any position designated by law as open to a National Guard general officer.".

   Inserted: (b) Adjutants General and Similar Officers.--The service of an officer of the Armed Forces as adjutant general, or as an officer (other than adjutant general) of the National Guard of a State who performs the duties of adjutant general under the laws of such State, shall be treated as joint duty or joint duty experience for purposes of any provisions of law required such duty or experience as a condition of assignment or promotion.

   Inserted: (c) Report on Duty in Joint Force Headquarters To Qualify as Joint Duty Experience.--Not later than April 1, 2009, the Chief of the National Guard Bureau shall, in consultation with the adjutants general of the National Guard, submit to the Chairman of the Joint Chiefs of Staff and to Congress a report setting forth the recommendations of the Chief of the National Guard Bureau as to which duty of officers of the National Guard in the Joint Force Headquarters of the National Guard of the States should qualify as joint duty or joint duty experience for purposes of the provisions of law requiring such duty or experience as a condition of assignment or promotion.

   Inserted: (d) Reports on Joint Education Courses.--Not later than April 1 of each of 2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff shall submit to Congress a report setting forth information on the joint education courses available through the Department of Defense for purposes of the pursuit of joint careers by officers in the Armed Forces. Each report shall include, for the preceding year, the following:

   Inserted: (1) A list and description of the joint education courses so available during such year.

   Inserted: (2) A list and description of the joint education courses listed under paragraph (1) that are available to and may be completed by officers of the reserve components of the Armed Forces in other than an in-resident duty status under title 10, United States Code, or title 32, United States Code.

   Inserted: (3) For each course listed under paragraph (1), the number of officers from each Armed Force who pursued such course during such year, including the number of officers of the Army National Guard, and of the Air National Guard, who pursued such course.

   Inserted: SEC. 1706. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED STATES NORTHERN COMMAND AND OTHER COMBATANT COMMANDS.

   Inserted: (a) Commands Responsible for Support to Civil Authorities in the United States.--The United States Northern Command and the United States Pacific Command shall be the combatant commands of the Armed Forces that are principally responsible for the support of civil authorities in the United States by the Armed Forces.

   Inserted: (b) Discharge of Responsibility.--In discharging the responsibility set forth in subsection (a), the Commander of the United States Northern Command and the Commander of the United States Pacific Command shall each--

   Inserted: (1) in consultation with and acting through the Chief of the National Guard Bureau and the Joint Force Headquarters of the National Guard of the State or States concerned, assist the States in the employment of the National Guard under State control, including National Guard operations conducted in State active duty or under title 32, United States Code; and

   Inserted: (2) facilitate the deployment of the Armed Forces on active duty under title 10, United States Code, as necessary to augment and support the National Guard in its support of civil authorities when National Guard operations are conducted under State control, whether in State active duty or under title 32, United States Code.

   Inserted: (c) Memorandum of Understanding Regarding the United States Northern Command and Other Combatant Commands.--

   Inserted: (1) Memorandum required.--Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau shall, with the approval of the Secretary of Defense, jointly enter into a memorandum of understanding setting forth the operational relationships, and individual roles and responsibilities, during responses to domestic emergencies among the United States Northern Command, the United States Pacific Command, and the National Guard Bureau.

   Inserted: (2) Modification.--The Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau may from time to time modify the memorandum of understanding under this subsection to address changes in circumstances and for such other purposes as the Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau jointly consider appropriate. Each such modification shall be subject to the approval of the Secretary of Defense.

   Inserted: (d) Authority To Modify Assignment of Command Responsibility.--Nothing in this section shall be construed as altering or limiting the power of the President or the Secretary of Defense to modify the Unified Command Plan in order to assign all or part of the responsibility described in subsection (a) to a combatant command other than the United States Northern Command or the United States Pacific Command.

   Inserted: (e) Regulations.--The Secretary of Defense shall prescribe regulations for purposes of aiding the expeditious implementation of the authorities and responsibilities in this section.

   Inserted: SEC. 1707. STATE CONTROL OF FEDERAL MILITARY FORCES ENGAGED IN ACTIVITIES WITHIN THE STATES AND POSSESSIONS.

   Inserted: (a) In General.--Part I of subtitle A of title 10, United States Code, is amended by inserting after chapter 15 the following new chapter:

   Inserted: "CHAPTER 16--CONTROL OF THE ARMED FORCES IN ACTIVITIES WITHIN THE STATES AND POSSESSIONS

   Inserted: "Sec.

   Inserted: "341. Tactical control of the armed forces engaged in activities within the States and possessions: emergency response activities.

   Inserted: "Sec. 341. Tactical control of the armed forces engaged in activities within the States and possessions: emergency response activities

   Inserted: "(a) In General.--The Secretary of Defense shall prescribe in regulations policies and procedures to assure that tactical control of the armed forces on active duty within a State or possession is vested in the governor of the State or possession, as the case may be, when such forces are engaged in emergency response activities within such State or possession.

   Inserted: "(b) Discharge Through Joint Force Headquarters.--The policies and procedures required under subsection (a) shall provide for the discharge of tactical control by the governor of a State or possession as described in that subsection through the Joint Force Headquarters of the National Guard in the State or possession, as the case may be, acting through the officer of the National Guard in command of the Headquarters.

   Inserted: "(c) Possessions Defined.--Notwithstanding any provision of section 101(a), in this section, the term 'possessions' means the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.".

   Inserted: (b) Clerical Amendments.--The tables of chapters at the beginning of title 10, United States Code, and at the beginning of part I of subtitle A of such title, are each amended by inserting after the item relating to chapter 15 the following new item:

   Inserted: "16. Control of the Armed Forces in Activities Within the States and Possessions..............................................341".....

   Inserted: SEC. 1708. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN CERTAIN COMMAND POSITIONS.

   Inserted: (a) Commander of Army North Command.--The officer serving in the position of Commander, Army North Command, shall be an officer in the Army National Guard of the United States.

   Inserted: (b) Commander of Air Force North Command.--The officer serving in the position of Commander, Air Force North Command, shall be an officer in the Air National Guard of the United States.

   Inserted: (c) Sense of Congress.--It is the sense of Congress that, in assigning officers to the command positions specified in subsections (a) and (b), the President should afford a preference in assigning officers in the Army National Guard of the United States or Air National Guard of the United States, as applicable, who have served as the adjutant general of a State.

   Inserted: (d) Certain Joint Task Force Positions.--

   Inserted: (1) In general.--Of the officers serving in the positions specified in each subparagraph of paragraph (2), as least one such officer under each subparagraph shall be an officer in the Army National Guard of the United States or an officer in the Air National Guard of the United States.

   Inserted: (2) Covered positions.--The positions specified in this paragraph are:

   Inserted: (A) Commander, Joint Task Force Alaska, and Deputy Commander, Joint Task Force Alaska.

   Inserted: (B) Commander, Joint Task Force Civil Support, and Deputy Commander, Joint Task Force Civil Support.

   Inserted: (C) Commander, Joint Task Force North, and Deputy Commander, Joint Task Force North.

   Original wording

   At the end of division A, add the following:

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

As printed