Summary of S. 2760 and H.R. 5603
National Guard Empowerment and State-National Defense Integration Act of 2008

Purpose

To enhance the national defense through empowerment of the National Guard, enhancement of the functions of the National Guard Bureau, and improvement of Federal-State military coordination in domestic emergency response

Section 1: Title

National Guard Empowerment and State-National Defense Integration Act of 2008

Section 2: Joint Chiefs of Staff

Make the Chief of the National Guard Bureau a full member of the Joint Chiefs of Staff

Section 3: Guard Bureau Duties

Formally give the Guard Bureau the function of working with the states to identify equipment gaps for the purpose of providing military assistance to civil authorities. The Bureau shall work with states–through a State/Adjutant General-dominated planning committee and Federal planning directorate–to validate equipment requirements, develop doctrine for assisting civil authorities in emergencies, acquire necessary equipment, prepare a military assistance budget, and administer the funding provided for military assistance.

Section 4: Vice Chiefs

Rename the positions of Activities Directors of the Army and Air National Guard to “Deputy Vice Chief, Army National Guard” and “Deputy Vice Chief, Air National Guard,” respectively.

Section 5: Joint Duty Credit

Provides the Adjutant Generals of the United States with so-called Joint Duty Credit for their experience in the position. Requires the Department of Defense to provide a report on providing joint-duty credit for officers serving in National
Guard Joint Force Headquarters, as well as summary of Joint-Duty courses available for Reserve Components officers interested in following a joint career.

Section 6: Northern Command

States that Northern Command and Pacific Command are the commands responsible for providing military assistance for civil authorities, and, to carry out that responsibility, these commands must assist the states in employing the National Guard and facilitate the deployment of Title 10 forces to supplement and support the Guard, whether operating in State Active Duty or under Title 32 United State Code. Northern Command and Pacific Command must complete a Memorandum of Understanding with the National Guard Bureau on their operational relationship within 180 days of enactment.

Section 7: Governor’s Tactical Control

Direction to the Department of Defense to establish procedures for the nation’s Governors to have tactical control over the military forces, including Title 10 active forces, operating in their state during an emergency. Such tactical control will be exercised by the Governor through the Joint Forces Headquarters of the National Guard of the State. According to Department of Defense standard terms, Tactical Control is “Command authority over assigned or attached forces or commands . . . that is limited to the detailed direction and control of movements or maneuvers within the operational area necessary to accomplish missions or tasks assigned.”

Section 8: National Guard Command Positions

A National Guard officer will remain Commander of Air Force North, while Guard officers shall become the Commander Army North, and Commander or Deputy Commander of Joint Task Force Alaska, Joint Task Force Civil Support, and Joint Task Force North.