H.R. 5200House109th Congress (2005-2007)In Committee

National Defense Enhancement and National Guard Empowerment Act of 2006

Sponsored by Tom DavisRep. Tom Davis (R-VA)
Introduced April 26, 2006

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Military Personnel.

May 18, 2006

View full timeline
HouseIntro Referral

Introduced in House

April 26, 2006

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E613-615)

April 26, 2006

HouseIntro Referral

Referred to the House Committee on Armed Services.

April 26, 2006

HouseCommittee

Referred to the Subcommittee on Military Personnel.

May 18, 2006

Floor Debate

19 members

What members said about H.R. 5200 on the floor

9 Republicans10 Democrats
Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · Sep 29, 2006

Mr. Speaker, I rise today in support of the conference agreement on H.R. 5122, the National Defense Authorization Act for Fiscal Year 2007. I am pleased that we have completed this Act before the…

Curt Weldon
Rep. Curt WeldonR-PA-7 · May 10, 2006

Mr. Chairman, I thank my distinguished chairman and friend for yielding and thank the ranking member for his outstanding leadership, two great Americans. You know, this city is filled with a rhetoric…

Duncan Hunter
Rep. Duncan HunterR-CA-52 · May 10, 2006

Mr. Speaker, I ask unanimous consent that during consideration of H.R. 5122, pursuant to House Resolution 806, general debate shall not exceed 2 hours equally divided and controlled by the chairman…

Duncan Hunter
Rep. Duncan HunterR-CA-52 · Sep 29, 2006

Mr. Speaker, pursuant to House Resolution 1062, I call up the conference report on the bill (H.R. 5122) to authorize appropriations for fiscal year 2007 for military activities of the Department of…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 10, 2006

Mr. Chairman, I will be happy to yield back some of that time to the distinguished proponent of this amendment. I thank her for her leadership, and the leadership of Ms. Harman and Ms. Sanchez. Mr.…

Show 8 more
Ike Skelton
Rep. Ike SkeltonD-MO-4 · Sep 29, 2006

Mr. Speaker, let me take this opportunity to thank my friend from California for being such a gentleman and for his courtesy not just this year but through the years. We appreciate it very, very much…

Neil Abercrombie
Rep. Neil AbercrombieD-HI-1 · May 10, 2006

Mr. Chairman, I thank Chairman Hunter and Mr. Skelton for the opportunity. I stand here today in support of the bill moving forward, but I have a caveat that I hope will be able to be addressed…

Neil Abercrombie
Rep. Neil AbercrombieD-HI-1 · Sep 29, 2006

Mr. Speaker, I am pleased to support this year's National Defense Authorization Act. It includes many provisions that are vital to giving our military the tools it needs to defend the nation,…

Joel Hefley
Rep. Joel HefleyR-CO-5 · Sep 29, 2006

Mr. Speaker, I thank the chairman for yielding. Mr. Speaker, I rise today in strong support of H.R. 5122, the National Defense Authorization Act for Fiscal Year 2007. And I would like to thank the…

Ike Skelton
Rep. Ike SkeltonD-MO-4 · May 10, 2006

Mr. Chairman, let me first begin by complimenting the chairman, Duncan Hunter, as well as the subcommittee chairmen and ranking members. This is an excellent bill. I hope it will pass in due course…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · May 10, 2006

Mr. Chairman, I thank my friend for his very gracious yielding of time. I rise in support of a piece of legislation that I think deserves the support of each Member of this body. I thank Chairman…

Gene Taylor
Rep. Gene TaylorD-MS-4 · Sep 29, 2006

Mr. Speaker, I thank Chairman Skelton, the ranking member, and Chairman Hunter for the great work they have done. I also want to thank Lieutenant Commander Kevin Aanestad, who the Navy was nice…

Mark Udall
Rep. Mark UdallD-CO-2 · Sep 29, 2006

Mr. Speaker, I rise in support of this conference report. As a relatively new Member of the Armed Services Committee, I appreciate having had the opportunity to work with my colleagues, especially…

Show 11 more
Cynthia A. McKinney
Rep. Cynthia A. McKinneyD-GA-4 · May 10, 2006

Mr. Chairman, I anticipate today that mine will be one of the few votes against this bill, just as I cast the only dissenting vote on the bill in committee. I have submitted a thoroughgoing written…

John M. McHugh
Rep. John M. McHughR-NY-23 · May 10, 2006

Mr. Chairman, I thank the distinguished chairman for his kind comments and for the very generous allocation of time. I also want to thank my other colleagues who deferred to me to allow me to kind of…

John M. Spratt, Jr.
Rep. John M. Spratt, Jr.D-SC-5 · May 10, 2006

Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, on the whole this is a good bill. I commend the ranking member and the chairman for the excellent work they have put into it, and I…

Terry Everett
Rep. Terry EverettR-AL-2 · May 10, 2006

Mr. Chairman, I thank Chairman Hunter. I would also like to say that under his leadership we certainly have produced one of the most bipartisan bills in one of the areas that is most important to our…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · May 10, 2006

Mr. Chairman, I thank my friend for yielding. Mr. Chairman, the Davis amendment seeks to turn our military hospitals into abortion mills. With all due respect to my friend and colleague from…

Joe Wilson
Rep. Joe WilsonR-SC-2 · May 10, 2006

Mr. Chairman, thank you, and I appreciate your leadership and the cooperation of Ranking Member Ike Skelton for developing the Defense Authorization Act. I am grateful that both of you have had…

Joel Hefley
Rep. Joel HefleyR-CO-5 · May 10, 2006

Mr. Chairman, I thank you very much. I thank you, Mr. Hunter, Mr. Skelton and Mr. Ortiz for the very kind words. You kind of went over the top when you said I was the best rodeo cowboy. The truth is…

Gene Taylor
Rep. Gene TaylorD-MS-4 · May 10, 2006

Mr. Chairman, I rise in support of this bill. I want to commend all of my colleagues. In particular, I want to commend a former colleague, Congressman Sonny Montgomery, who is under the weather, who…

Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · May 10, 2006

Mr. Chairman, I thank the gentleman from Missouri and congratulate him on his award that we announced on the floor yesterday. Mr. Chairman, as the ranking member of the Strategic Forces Subcommittee,…

Jim Saxton
Rep. Jim SaxtonR-NJ-3 · May 10, 2006

Mr. Chairman, I want to thank my great friend, Chairman Hunter, for yielding me time and for those very kind words. Mr. Chairman, I rise in strong support of H.R. 5122, the National Defense…

Geoff Davis
Rep. Geoff DavisR-KY-4 · May 10, 2006

Mr. Chairman, I also thank the chairman. It is a privilege to serve on a committee chaired by a fellow Army Ranger. Today, I rise in strong support of H.R. 5122 and to speak about a matter of…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued April 26, 2006

I

109th CONGRESS

2d Session

H. R. 5200

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.

1.

Short title

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

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:

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:

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:

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:

.

(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:

.

(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:

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.

.

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.

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.