H.R. 718House110th Congress (2007-2009)In Committee

National Guard Empowerment Act of 2007

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Referred to the Subcommittee on Military Personnel.

Military Personnel Subcommittee

February 26, 2007

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HouseIntro Referral

Introduced in House

January 30, 2007

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E214-215)

January 30, 2007

HouseIntro Referral

Referred to the House Committee on Armed Services.

Armed Services Committee

January 30, 2007

HouseCommittee

Referred to the Subcommittee on Military Personnel.

Military Personnel Subcommittee

February 26, 2007

Floor Debate

1 member

What members said about H.R. 718 on the floor

1 Republican

Rep. Tom DavisR-VA-11 · Jan 30, 2007

Madam Speaker, I rise today to introduce H.R. 718, the National Guard Empowerment Act of 2007. The National Guard needs a voice to ensure that its people get the same training, equipment and benefits…

Madam Speaker, I rise today to introduce H.R. 718, the National Guard Empowerment Act of 2007.

The National Guard needs a voice to ensure that its people get the same training, equipment and benefits as their active-duty counterparts. It needs a voice to speak for the needs of governors and the guardsmen who defend and protect us from natural disasters and acts of terror.

Asking the Department of Defense to approve one four-star General for the National Guard and allow this Guard General a seat at the Joint Chiefs of Staff is not overly reaching or a threat to national security. It's simply a matter of providing a seat at the table to an organization that has earned it.

When it comes to the Guard, Cold War thinking still prevails at the Pentagon. So a bipartisan and bicameral group of Members of Congress stand united behind this bill. This year, we have added three important provisions to: allow Guard officers to advance to the highest ranks of leadership; force better accountability in service procurement for the National Guard; and, define and improve the fractured planning and operational relationships between the Department of Defense, the National Guard Bureau, U.S. Northern Command and our Governors.

After 9/11, the President issued an Executive Order making the security of the homeland the No.1 priority of the Department of Defense. But the Department's attempts to empower the Guard have so far been date have been hollow, with no clear standards, no firm requirements and only minimal funding.

The Department of Defense seems to be in denial about the essential role the National Guard plays in times of need. The Pentagon needs to show more concern for the force that protects Americans first, arrives first, acts first and stays longest.

Today, the Government Accountability Office released a study sponsored by the Oversight and Government Reform Committee entitled: ``Actions Needed to Identify National Guard Domestic Equipment Requirements and Readiness.'' This study points out that the Department of Defense has yet to take decisive action to improve the National Guard's domestic capabilities and clearly points out why this basic Guard empowerment bill is absolutely necessary.

If you want to know why the Guard deserves a seat at the table, take a look at what the Air Force has budgeted this year for First Air Force, which is made up of the nation's top Air National Guard wings. These are the fighters who protect the skies over America. Their command budget and manpower is being cut almost in half. And it should come as no surprise that these Air Guard wings are not on the Air Force list to get F-22s or F-35s.

Last year's BRAC decimated Air National Guard units that provided critical airlift capability during Hurricane Katrina, moving people, water and supplies through catastrophic damage. Without that capability, we may be in a worse position today in terms of emergency supply movement than we were when the storm struck.

Or consider the readiness of the Army's chemical and biological response units, most of which rest in the Reserve Component units. GAO soon will release a study sponsored by the Oversight and Government Reform Committee that will show the Army has not seen fit to enhance these units for homeland defense. As a result, Americans remain vulnerable to the chemical-biological attack many fear likely if not inevitable.

A year and a half after Hurricane Katrina, the findings and basic recommendations in the Select Committee Report on Hurricane Katrina have not been adequately addressed.

Moreover, the National Guard continues to perform valiantly in the Global War on Terrorism. The National Guard provides almost half the manpower, support and transportation

our military uses overseas, yet it has just 35 percent of the equipment it needs. The time has come to fix this.

Since 9/11, every single person in this country has benefited from the exemplary service provided by the men and women of the Guard. I urge the new leadership in this Congress, as they examine defense policies and budgets, to keep in mind the needs of the these brave men and women, who for too long have been treated as second-class citizens by our military. This country cannot afford a broken state/federal response to homeland emergencies.

Madam Speaker, those National Guardsmen responsible for our homeland defense and military assistance to civilian authorities deserve the resources, planning and training they need. These reforms are long overdue, and the National Guard Empowerment Act of 2007 represents an essential step in the right direction.

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Introduced in HouseIssued January 30, 2007

110th CONGRESS

1st Session

H. R. 718

IN THE HOUSE OF REPRESENTATIVES

January 30, 2007

Mr. Tom Davis of Virginia (for himself, Mr. Taylor, Mr. Hayes, and Mr. Butterfield) 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.

Short title

This Act may be cited as the National Guard Empowerment Act of 2007.

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 of 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 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 adviser.

(2)

Member of Joint Chiefs of Staff

(A)

Such section is further amended—

(i)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; 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 adjutants general 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 title 10, United States Code, 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:

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.

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.

Promotion of reserve officers to lieutenant general grade

(a)

Treatment of service as adjutant general as joint duty experience

(1)

Directors of army and air national guard

Section 10506(a)(3) of title 10, United States Code, is amended—

(A)

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

(B)

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

(C)

Service of an officer as adjutant general shall be treated as joint duty experience for purposes of subparagraph (B)(ii).

(2)

Other 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 promotion.

(b)

Reports on promotion of reserve major generals to lieutenant general grade

(1)

Review required

The Secretary of the Army and the Secretary of the Air Force shall each conduct a review of the promotion practices of the military department concerned in order to identify and assess the practices of such military department in the promotion of reserve officers from major general grade to lieutenant general grade.

(2)

Reports

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Air Force shall each submit to the congressional defense committees a report on the review conducted by such official under paragraph (1). Each report shall set forth—

(A)

the results of such review; and

(B)

a description of the actions intended to be taken by such official to encourage and facilitate the promotion of additional reserve officers from major general grade to lieutenant general grade.

(3)

Congressional defense committees defined

In this subsection, the term congressional defense committees means—

(A)

the Committees on Armed Services and Appropriations of the Senate; and

(B)

the Committees on Armed Services and Appropriations of the House of Representatives.

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.

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, 2007, and each March 1 thereafter, the Secretary of Defense, in consultation with the commander of the United States Northern Command and the Chief of the National Guard Bureau, shall prepare and submit to Congress a plan for coordinating the use of the National Guard and members of the Armed Forces on active duty when responding to natural disasters, acts of terrorism, and other man-made disasters as identified in the national planning scenarios described in subsection (e).

(b)

Information to be provided to Secretary

To assist the Secretary of Defense in preparing the plan, the National Guard Bureau, pursuant to its purpose 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, adjutants general of States, and other State civil authorities responsible for homeland preparation and response to natural and man-made disasters.

(c)

Two versions

The plan shall set forth two versions of response, one using only members of the National 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 coordination with each other and to ensure that Governors and local communities are properly informed and remain in control in their respective States and communities.

(2)

An identification of operational procedures, command structures, and lines of communication to ensure a coordinated, efficient response to contingencies.

(3)

An identification of the training and equipment needed for both National Guard personnel and members of the Armed Forces on active duty to provide 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:

(1)

Nuclear detonation, biological attack, biological disease outbreak/pandemic flu, the plague, chemical attack-blister agent, chemical attack-toxic industrial chemicals, chemical attack-nerve agent, chemical attack-chlorine tank explosion, major hurricane, major earthquake, radiological attack-radiological dispersal device, explosives attack-bombing using improvised explosive device, biological attack-food contamination, biological attack-foreign animal disease and cyber attack.

(2)

Any other hazards identified in a national planning scenario developed by the Homeland Security Council.

Additional reporting requirements relating to National Guard equipment

Section 10541 of title 10, United States Code, is amended by adding at the end the following new subsection:

(d)

Each report under this section concerning equipment of the National Guard shall also include the following:

(1)

A statement of the accuracy of the projections required by subsection (b)(5)(D) contained in earlier reports under this section, and an explanation, if the projection was not met, of why the projection was not met.

(2)

A certification from the Chief of the National Guard Bureau setting forth an inventory for the preceding fiscal year of each item of equipment—

(A)

for which funds were appropriated;

(B)

which was due to be procured for the National Guard during that fiscal year; and

(C)

which has not been received by a National Guard unit as of the close of that fiscal year.