[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2681 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2681

 To amend title 10, United States Code, to provide for reports on the 
   withdrawal or diversion of equipment from Reserve units to other 
         Reserve units being mobilized, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2006

  Ms. Cantwell (for herself, Mr. Biden, and Mr. Leahy) 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 provide for reports on the 
   withdrawal or diversion of equipment from Reserve units to other 
         Reserve units being mobilized, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard Equipment 
Accountability Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The National Guard continues to provide invaluable 
        resources to meet national security, homeland defense, and 
        civil emergency mission requirements.
            (2) Current military operations, transnational threats, and 
        domestic emergencies will increase the use of the National 
        Guard for both military support to civilian authorities and to 
        execute the military strategy of the United States.
            (3) To meet the demand for certain types of equipment for 
        continuing United States military operations, the Army has 
        required Army National Guard Units to leave behind many items 
        for use by follow-on forces.
            (4) The Governors of every State and 2 Territories 
        expressed concern in February 2006 that units returning from 
        deployment overseas without adequate equipment would have 
        trouble carrying out their homeland security and domestic 
        disaster duties.
            (5) The Department of Defense estimates that it has 
        directed the Army National Guard to leave overseas more than 
        75,000 items valued at approximately $1,760,000,000 to support 
        Operation Enduring Freedom and Operation Iraqi Freedom.
            (6) Department of Defense Directive 1225.6 requires a 
        replacement and tracking plan be developed within 90 days for 
        equipment of the reserve components of the Armed Forces that is 
        transferred to the active components of the Armed Forces.
            (7) In October 2005, the Government Accountability Office 
        found that the Department of Defense can only account for about 
        45 percent of such equipment and has not developed a plan to 
        replace such equipment.
            (8) The Government Accountability Office also found that 
        without a completed and implemented plan to replace all 
        National Guard equipment left overseas, Army National Guard 
        units will likely face growing equipment shortages and 
        challenges in regaining readiness for future missions.

SEC. 3. REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT FROM RESERVE 
              UNITS FOR SUPPORT OF RESERVE UNITS BEING MOBILIZED AND 
              OTHER UNITS.

    (a) In General.--Chapter 1007 of title 10, United States Code, is 
amended by inserting after section 10208 the following new section:
``Sec. 10208a. Mobilization: reports on withdrawal or diversion of 
              equipment from Reserve units for support of Reserve units 
              being mobilized and other units
    ``(a) Report Required on Withdrawal or Diversion of Equipment.--Not 
later than 90 days after withdrawing or diverting equipment from a unit 
of the Reserve to a unit of the Reserve being ordered to active duty 
under section 12301, 12302, or 12304 of this title, or to a unit or 
units of a regular component of the armed forces, for purposes of the 
discharge of the mission of such unit or units, the Secretary concerned 
shall submit to the Secretary of Defense a report on the withdrawal or 
diversion of equipment.
    ``(b) Elements.--Each report under subsection (a) on equipment 
withdrawn or diverted shall include the following:
            ``(1) A plan to replace such equipment within the unit from 
        which withdrawn or diverted.
            ``(2) If such equipment is to remain in a theater of 
        operations while the unit from which withdrawn or diverted 
        returns to the United States, a plan to provide such unit with 
        replacement equipment appropriate to ensure the continuation of 
        the readiness training of such unit.
            ``(3) A signed memorandum of understanding between the 
        active or reserve component to which withdrawn or diverted and 
        the reserve component from which withdrawn or diverted that 
        specifies--
                    ``(A) how such equipment will be tracked by the 
                unit or units to which withdrawn or diverted; and
                    ``(B) when such equipment will be returned to the 
                unit from which withdrawn or diverted.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1007 of such title is amended by inserting after the item 
relating to section 10208 the following new item:

``10208a. Mobilization: reports on withdrawal or diversion of equipment 
                            from Reserve units for support of Reserve 
                            units being mobilized and other units.''.
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