1.This Act may be cited as the
Ensuring Defense Support to
Catastrophic Incident Response Act of 2008
.
2.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.
3.Department of Defense support of domestic
civilian authorities in response to catastrophic incidents in the United
States
(a)Part I of subtitle A of title 10, United
States Code, is amended by inserting after chapter 18 the following new
chapter:
19Support 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.
390.Department of Defense support of domestic
civilian authorities in response to catastrophic incidents in the United
States
(a)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)(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
plansIn 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)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)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)(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)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)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 to
Catastrophic Incidents in the United
States390.
.
4.Quadrennial defense review
mattersSection 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).
.
5.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.
6.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.
7.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this Act
and the amendments made by this Act.