[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3585 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3585

To amend title 10, United States Code, to establish the responsibility 
 of the Department of Defense to plan for and respond to catastrophic 
        incidents in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 25 (legislative day, September 17), 2008

 Mr. Lieberman (for himself and Ms. Collins) 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 establish the responsibility 
 of the Department of Defense to plan for and respond to catastrophic 
        incidents in the United States, 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 ``Ensuring Defense Support to 
Catastrophic Incident Response Act of 2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States faces real threats of man-made and 
        natural disasters which could result in catastrophic 
        consequences to the Nation, its resources, and its people. 
        Because of the scale of the potential consequences of these 
        threats, they may constitute threats to national security and 
        will require the full range of Federal resources to save lives, 
        minimize human suffering, protect property, and mitigate 
        damage.
            (2) Because of its manpower, communications, logistics, and 
        other capabilities, the Department of Defense is uniquely 
        suited to provide critical support to other departments and 
        agencies of the Federal Government, State and local 
        governments, and governments of the Commonwealths and 
        possessions of the United States in response to a catastrophic 
        incident in the United States.
            (3) Planning and preparation for and execution of civil 
        support operations in responding to catastrophic incidents in 
        support of the Department of Homeland Security and State and 
        local governments is a national security issue.
            (4) A successful response to catastrophic incidents in the 
        United States requires coordinated strategic plans and detailed 
        operational plans with specific tasking and sourcing. The 
        Department of Defense must develop such plans and should 
        maintain the required units and assets at the appropriate level 
        of readiness in order to deliver the capabilities which will be 
        required in a response led by the Department of Homeland 
        Security.
            (5) The National Guard and Reserves are forward-deployed in 
        communities throughout the United States, are integrated with 
        State and local governments, and have considerable homeland-
        related capabilities. The Department of Defense and the United 
        States Northern Command must therefore consider the plans and 
        capabilities of the National Guard and Reserves, and State and 
        local governments, in plans for civil support operations.

SEC. 3. DEPARTMENT OF DEFENSE SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES 
              IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED 
              STATES.

    (a) Support Authorized.--Part I of subtitle A of title 10, United 
States Code, is amended by inserting after chapter 18 the following new 
chapter:

 ``CHAPTER 19--SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO 
              CATASTROPHIC INCIDENTS IN THE UNITED STATES

``Sec.
``390. Department of Defense support of domestic civilian authorities 
                            in response to catastrophic incidents in 
                            the United States.
``Sec. 390. Department of Defense support of domestic civilian 
              authorities in response to catastrophic incidents in the 
              United States
    ``(a) In General.--Subject to the authority, direction, and control 
of the President, the Department of Defense shall undertake civil 
support operations in response to catastrophic incidents in the United 
States.
    ``(b) Plans for Support.--(1) For purposes of carrying out the 
requirement in subsection (a), the Secretary of Defense shall, in 
conjunction with the Secretary of Homeland Security, develop 
comprehensive plans for civil support operations.
    ``(2) The plans required under this subsection shall include 
strategies for the use of the armed forces, including units and 
personnel of the regular components of the armed forces, units and 
personnel of the National Guard (including personnel on active duty 
under this title, in status under title 32, and in State status, 
consistent with section 1814(c) of the National Defense Authorization 
Act for Fiscal Year 2008 (10 U.S.C. 113 note)), units and personnel of 
the other reserve components of the armed forces, the civilian 
personnel of the Department of Defense, and, if the Secretary considers 
it appropriate for purposes of the plans, contractors of the Department 
of Defense.
    ``(3) The plans required under this subsection shall be developed 
in coordination with other departments and agencies of the Federal 
Government with homeland security responsibilities as part of an 
established national planning process and shall include the development 
of operations plans required by section 653(b) of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 753(b)).
    ``(4) The plans required under this subsection shall be developed 
to execute strategic requirements established by the Secretary of 
Homeland Security though an established national planning process.
    ``(c) Implementation and Execution of Plans.--In implementing the 
plans developed under subsection (b), the Secretary of Defense shall--
            ``(1) ensure that--
                    ``(A) the Department of Defense is organized and 
                equipped with the capabilities and resources required 
                to execute the plans; and
                    ``(B) the capabilities and resources referred to in 
                subparagraph (A) are available, accessible, and 
                maintained at the appropriate readiness status to 
                enable deployment in accordance with the plans; and
            ``(2) ensure that any capabilities and resources identified 
        under paragraph (1)(A), when appropriate, train and participate 
        in exercises, including--
                    ``(A) exercises administered under the national 
                exercise program carried out under section 648(b) of 
                the Post-Katrina Emergency Management Reform Act of 
                2006 (6 U.S.C. 748(b)); and
                    ``(B) other exercises determined appropriate by the 
                Secretary of Defense to ensure such capabilities and 
                resources are maintained at the appropriate state of 
                readiness.
    ``(d) Budget.--The budget of the Department of Defense for any 
fiscal year (as submitted to Congress pursuant to section 1105 of title 
31) shall include a request for funds sufficient to carry out the 
requirements of this section in such fiscal year. The request for a 
fiscal year under this subsection shall set forth separately the 
following:
            ``(1) Each component, program, or activity of the 
        Department of Defense that will carry out the requirements of 
        this section in such fiscal year.
            ``(2) The amount requested for each such component, 
        program, or activity to carry out such requirements in such 
        fiscal year.
    ``(e) Construction.--Nothing in this section shall be construed as 
prohibiting or limiting the authority of the Department of Defense to 
provide support operations in response to a disaster or incident that 
is not a catastrophic incident as otherwise provided by law.
    ``(f) Reports.--(1) Not later than one year after the date of the 
enactment of this section, and every two years thereafter, the 
Secretary of Defense shall submit to the appropriate committees of 
Congress a report on the implementation of the requirements of this 
section, including a discussion of the development and implementation 
of the plans required by subsection (b).
    ``(2) Each report under this subsection shall be submitted in 
unclassified form, but may include a classified annex.
    ``(g) Definitions.--In this section:
            ``(1) The term `catastrophic incident' has the meaning 
        given that term in section 501(3) of the Homeland Security Act 
        of 2002 (6 U.S.C. 311(3)).
            ``(2) The term `civil support operation' means a mission 
        performed by the Department of Defense in support of other 
        departments or agencies of the Federal Government, State or 
        local governments, or governments of the Commonwealths or 
        possessions of the United States in their efforts to prevent, 
        protect against, prepare for, respond to, and recover from 
        natural disasters, acts of terrorism, and other man-made 
        disasters.''.
    (b) Clerical Amendments.--The tables of chapters at the beginning 
of title, United States Code, and at the beginning of part I of 
subtitle A of such title, are each amended by inserting after the item 
relating to chapter 18 the following new item:

``19. Support of Domestic Civilian Authorities in Response      390.''.
                            to Catastrophic Incidents in the 
                            United States.

SEC. 4. QUADRENNIAL DEFENSE REVIEW MATTERS.

    Section 118 of title 10, United States Code, is amended--
            (1) by transferring subsection (g), as added by section 
        942(d) of the National Defense Authorization Act for Fiscal 
        Year 2008 (Public Law 110-181; 122 Stat. 288), to the end of 
        such section 118 and redesignating such subsection, as so 
        transferred, as subsection (i); and
            (2) by inserting after subsection (g), as added by section 
        951(a) of the National Defense Authorization Act for Fiscal 
        Year 2008 (122 Stat. 290), the following new subsection:
    ``(h) Consideration of Department of Defense Roles and 
Responsibilities in Responding to Catastrophic Incidents.--(1) The 
first national security strategy and national defense strategy prepared 
after the date of the enactment of this subsection shall include 
guidance for military planners--
            ``(A) to determine the appropriate roles and 
        responsibilities of the Department of Defense, in coordination 
        with and in support of the Department of Homeland Security and 
        other departments and agencies of the Federal Government with 
        homeland security responsibilities and with State, local, and 
        tribal governments, in responding to catastrophic incidents;
            ``(B) to update defense plans based on such determinations, 
        including working with the Department of Homeland Security and 
        other departments and agencies of the Federal Government with 
        homeland security responsibilities in responding to such 
        incidents; and
            ``(C) to develop the capabilities needed to execute such 
        plans.
    ``(2) The first quadrennial defense review prepared after the date 
of the enactment of this subsection shall examine the capabilities of 
the armed forces to support civil authorities in responding to 
catastrophic incidents.
    ``(3) In this subsection:
            ``(A) The term `catastrophic incident' has the meaning 
        given that term in section 501(3) of the Homeland Security Act 
        of 2002 (6 U.S.C. 311(3)).
            ``(B) The term `national security strategy' means the 
        annual national security strategy report of the President under 
        section 108 of the National Security Act of 1947 (50 U.S.C. 
        404a).''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act may be 
construed--
            (1) to modify the restrictions on the role of the 
        Department of Defense in law enforcement operations within the 
        United States;
            (2) to affect the authority of the Governor of a State to 
        respond to a natural disaster, act of terrorism, or other man-
        made disaster within the United States; or
            (3) to affect the authority of the Governor of a State to 
        exercise command and control over the National Guard of that 
        State while in State status or in title 32, United States Code, 
        status.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``catastrophic incident'' has the meaning 
        given that term in section 501(3) of the Homeland Security Act 
        of 2002 (6 U.S.C. 311(3)).
            (2) The term ``civil support operation'' means a mission 
        performed by the Department of Defense in support of other 
        departments or agencies of the Federal Government, State or 
        local governments, or governments of the Commonwealths or 
        possessions of the United States in their efforts to prevent, 
        protect against, prepare for, respond to, and recover from 
        natural disasters, acts of terrorism, and other man-made 
        disasters.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.
                                 <all>