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Text of the National Guard Empowerment and State-National Defense Integration Act of 2011

This bill was introduced on May 19, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 19, 2011 (Introduced).

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Source: GPO

II

112th CONGRESS

1st Session

S. 1025

IN THE SENATE OF THE UNITED STATES

May 19, 2011

(for himself and Mr. Graham) introduced the following bill; which was read twice and 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 National Guard, enhancement of the functions of the National Guard Bureau, and improvement of Federal-State military coordination in domestic emergency response, and for other purposes.

1.

Short title

This Act may be cited as the National Guard Empowerment and State-National Defense Integration Act of 2011.

2.

Reestablishment of position of Vice Chief of the National Guard Bureau and termination of position of Director of the Joint Staff of the National Guard Bureau

(a)

Reestablishment and termination of positions

Section 10505 of title 10, United States Code, is amended to read as follows:

10505.

Vice Chief of the National Guard Bureau

(a)

Appointment

(1)

There is a Vice Chief of the National Guard Bureau, selected by the Secretary of Defense from officers of the Army National Guard of the United States or the Air National Guard of the United States who—

(A)

are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;

(B)

have had at least 10 years of federally recognized service in an active status in the National Guard; and

(C)

are in a grade above the grade of colonel.

(2)

The Chief and Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force.

(3)
(A)

Except as provided in subparagraph (B), an officer appointed as Vice Chief of the National Guard Bureau serves for a term of four years, but may be removed from office at any time for cause.

(B)

The term of the Vice Chief of the National Guard Bureau shall end within a reasonable time (as determined by the Secretary of Defense) following the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief.

(b)

Duties

The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau.

(c)

Grade

The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general.

(d)

Functions as Acting Chief

When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence of disability ceases.

.

(b)

Conforming amendments

(1)

Section 10502 of such title is amended by striking subsection (e).

(2)

Section 10506(a)(1) of such title is amended by striking and the Director of the Joint Staff of the National Guard Bureau and inserting and the Vice Chief of the National Guard Bureau.

(c)

Clerical amendments

(1)

Heading amendment

The heading of section 10502 of such title is amended to read as follows:

10502.

Chief of the National Guard Bureau: appointment; advisor on National Guard matters; grade

.

(2)

Table of sections

The table of sections at the beginning of chapter 1011 of such title is amended—

(A)

by striking the item relating to section 10502 and inserting the following new item:

10502. Chief of the National Guard Bureau: appointment; advisor on National Guard matters; grade.

;

and
(B)

by striking the item relating to section 10505 and inserting the following new item:

10505. Vice Chief of the National Guard Bureau.

.

3.

Membership of the Chief of the National Guard Bureau on the Joint Chiefs of Staff

(a)

Membership on Joint Chiefs of Staff

Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(7)

The Chief of the National Guard Bureau.

.

(b)

Conforming amendments

Section 10502 of such title, as amended by section 2(b)(1) of this Act, is further amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

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.

.

4.

Continuation as a permanent program and enhancement of activities of Task Force for Emergency Readiness pilot program of the Federal Emergency Management Agency

(a)

Continuation

(1)

Continuation as permanent program

The Administrator of the Federal Emergency Management Agency shall continue the Task Force for Emergency Readiness (TFER) pilot program of the Federal Emergency Management Agency as a permanent program of the Agency.

(2)

Limitation on termination

The Administrator may not terminate the Task Force for Emergency Readiness program, as so continued, until authorized or required to terminate the program by law.

(b)

Expansion of program scope

As part of the continuation of the Task Force for Emergency Readiness program pursuant to subsection (a), the Administrator shall carry out the program in at least five States in addition to the five States in which the program is carried out as of the date of the enactment of this Act.

(c)

Additional FEMA activities

As part of the continuation of the Task Force for Emergency Readiness program pursuant to subsection (a), the Administrator shall—

(1)

establish guidelines and standards to be used by the States in strengthening the planning and planning capacities of the States with respect to responses to catastrophic disaster emergencies; and

(2)

develop a methodology for implementing the Task Force for Emergency Readiness that includes goals and standards for assessing the performance of the Task Force.

(d)

National Guard Bureau activities

As part of the continuation of the Task Force for Emergency Readiness program pursuant to subsection (a), the Chief of the National Guard Bureau shall—

(1)

assist the Administrator in the establishment of the guidelines and standards, implementation methodology, and performance goals and standards required by subsection (c);

(2)

in coordination with the Administrator—

(A)

identify, using catastrophic disaster response plans for each State developed under the program, any gaps in State civilian and military response capabilities that Federal military capabilities are unprepared to fill; and

(B)

notify the Secretary of Defense, the Commander of the United States Northern Command, and the Commander of the United States Pacific Command of any gaps in capabilities identified under subparagraph (A); and

(3)

acting through and in coordination with the Adjutants General of the States, assist the States in the development of State plans on responses to catastrophic disaster emergencies.

(e)

Annual reports

The Administrator and the Chief of the National Guard Bureau shall jointly submit to the appropriate committees of Congress each year a report on activities under the Task Force for Emergency Readiness program during the preceding year. Each report shall include a description of the activities under the program during the preceding year and a current assessment of the effectiveness of the program in meeting its purposes.

(f)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.

5.

Memorandum of understanding between Department of Defense and Department of Homeland Security on unity of effort in response of military forces to domestic emergencies

(a)

Memorandum of understanding required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall enter into a memorandum of understanding on coordination between the Department of Defense and the Department of Homeland Security, and between the Departments and the States, in the use of military forces in response to domestic emergencies.

(2)

Purpose

The purpose of the memorandum is to ensure, to the maximum extent practicable, a unity of effort within the Federal Government, and between the Federal Government and the States, regarding the use of military forces in response to domestic emergencies.

(b)

Consultation with the States

In entering into the memorandum of understanding required by subsection (a), the Secretary of Defense and the Secretary of Homeland Security shall jointly consult with the Council of Governors established by Executive Order No. 13528 for purposes of coordinating plans under the memorandum of understanding with the plans of the States for the use of military forces of the States in response to domestic emergencies.

(c)

Submittal to Congress

Upon entry into the memorandum of understanding required by subsection (a), the Secretary of Defense and the Secretary of Homeland Security shall jointly submit to the appropriate committees of Congress a report on the memorandum of understanding. The report shall include the following:

(1)

The memorandum of understanding.

(2)

A comprehensive description of the manner in which the mechanisms set forth in the memorandum of understanding will ensure a unity of effort within the Federal Government, and between the Federal Government and the State or States concerned, regarding the use of military forces in response to domestic emergencies, including, in particular, the manner in which such mechanisms will ensure a unity of such effort between the Federal Government and the States in the use of such forces in such response.

(3)

Such other matters as the Secretaries jointly consider appropriate.

(d)

Appropriate committees of Congress defined

In this section, the term appropriated committees of Congress means—

(1)

the Committees on Armed Services, Homeland Security and Governmental Affairs, and Appropriations of the Senate; and

(2)

the Committees on Armed Services, Homeland Security, and Appropriations of the House of Representatives.

6.

Report on comparative analysis of costs of comparable units of the reserve components and the regular components of the Armed Forces

(a)

Report required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a comparative analysis of the costs of units of the regular components of the Armed Forces with the costs of similar units of the reserve components of the Armed Forces. The analysis shall include a separate comparison of the costs of units in the aggregate and of the costs of units solely when on active duty.

(2)

Similar units

For purposes of this subsection, units of the regular components and reserve components shall be treated as similar if such units have the same general structure, personnel, or function, or are substantially composed of personnel having identical or similar military occupational specialties (MOS).

(b)

Assessment of increased reserve component presence in total force structure

The Secretary shall include in the report required by subsection (a) an assessment of the advisability of increasing the number of units and members of the reserve components of the Armed Forces within the total force structure of the Armed Forces. The assessment shall take into account the comparative analysis conducted for purposes of subsection (a) and such other matters as the Secretary considers appropriate for purposes of the assessment.

(c)

Comptroller General report

Not later than 180 days after the date of the submittal of the report required by subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth a review of such report by the Comptroller General. The report of the Comptroller General shall include an assessment of the comparative analysis contained in the report required by subsection (a) and of the assessment of the Secretary pursuant to subsection (b).

(d)

Congressional defense committees defined

In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

7.

Display of procurement of equipment for the reserve components of the Armed Forces under estimated expenditures for procurement in future-years defense programs

Each future-years defense program submitted to Congress under section 221 of title 10, United States Code, shall, in setting forth estimated expenditures and item quantities for procurement for the Armed Forces for the fiscal years covered by such program, display separately under such estimated expenditures and item quantities the estimated expenditures for each such fiscal year for equipment for each reserve component of the Armed Forces that will receive items in any fiscal year covered by such program.

8.

Fiscal year 2012 funding for the National Guard for certain domestic activities

(a)

Continuity of operations, continuity of government, and consequence management

(1)

Authorization of appropriations

There is hereby authorized to be appropriated for fiscal year 2012 for the Department of Defense amounts as follows:

(A)

For National Guard Personnel, Army, $11,000,000.

(B)

For National Guard Personnel, Air Force, $3,500,000.

(C)

For Operation and Maintenance, Army National Guard, $11,000,000.

(2)

Availability

The amounts authorized to be appropriated by paragraph (1) shall be available to the Army National Guard and the Air National Guard, as applicable, for costs of personnel in training and operations with respect to continuity of operations, continuity of government, and consequence management in connection with response to terrorist and other attacks on the United States homeland and natural and man-made catastrophes in the United States.

(b)

Domestic operations

(1)

Authorization of appropriations

There is hereby authorized to be appropriated for fiscal year 2012 for the Department of Defense, $300,000,000 for Operation and Maintenance, Defense-wide.

(2)

Availability

The amount authorized to be appropriated by paragraph (1) shall be available for the Army National Guard and the Air National Guard for emergency preparedness and response activities of the National Guard while in State status under title 32, United States Code.

(3)

Transfer

Amounts under the amount authorized to be appropriated by paragraph (1) shall be available for transfer to accounts for National Guard Personnel, Army, and National Guard Personnel, Air Force, for purposes of the pay and allowances of members of the National Guard in conducting activities described in paragraph (2).

(c)

Joint Operations Coordination Centers

(1)

Authorization of appropriations

There is hereby authorized to be appropriated for fiscal year 2012 for the Department of Defense amounts as follows:

(A)

For National Guard Personnel, Army, $28,000,000.

(B)

For National Guard Personnel, Air Force, $7,000,000.

(2)

Availability

The amounts authorized to be appropriated by paragraph (1) shall be available to the Army National Guard and the Air National Guard, as applicable, for costs of personnel in continuously staffing a Joint Operations Coordination Center (JOCC) in the Joint Forces Headquarters of the National Guard in each State and Territory for command and control and activation of forces in response to terrorist and other attacks on the United States homeland and natural and man-made catastrophes in the United States.

(d)

Supplement not supplant

The amounts authorized to be appropriated by subsections (a), (b), and (c) for the purposes set forth in such subsections are in addition to any other amounts authorized to be appropriated for fiscal year 2012 for the Department of Defense for such purposes.

9.

Enhancement of authorities relating to the United States Northern Command and other combatant commands

(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.

(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—

(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

(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.

(c)

Memorandum of understanding

(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.

(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.

(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.

(e)

Regulations

The Secretary of Defense shall prescribe regulations for purposes of aiding the expeditious implementation of the authorities and responsibilities in this section.

10.

Requirements relating to National Guard officers in certain command positions

(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.

(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.

(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.

11.

Availability of funds under State Partnership Program for additional National Guard contacts on matters within the core competencies of the National Guard

(a)

In general

The Secretary of Defense shall, in consultation with the Secretary of State, modify the regulations prescribed pursuant to section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) to provide for the use of funds available pursuant to such regulations for contacts between members of the National Guard and civilian personnel of foreign governments outside the ministry of defense on matters within the core competencies of the National Guard such as the following:

(1)

Disaster response and mitigation.

(2)

Defense support to civilian authorities.

(3)

Consequence management and installation protection.

(4)

Chemical, biological, radiological, or nuclear event (CBRNE) response.

(5)

Border and port security and cooperation with civilian law enforcement.

(6)

Search and rescue.

(7)

Medical matters.

(8)

Counterdrug and counternarcotics activities.

(9)

Public affairs.

(10)

Employer and family support of reserve forces.

(11)

Such other matters within the core competencies of the National Guard and suitable for contacts under the State Partnership Program as the Secretary of Defense shall specify.

(b)

Funding for fiscal year 2012

There is hereby authorized to be appropriated for fiscal year 2012 for the Department of Defense for the National Guard, $50,000,000 to be available for contacts under the State Partnership Program authorized pursuant to the modification of regulations required by subsection (a).