II 109th CONGRESS 2d Session S. 2681 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.

1.

Short title

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

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.

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:

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. .