II 110th CONGRESS 1st Session S. 756 IN THE SENATE OF THE UNITED STATES March 5, 2007 Mr. Dodd introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize appropriations for the Department of Defense to address the equipment reset and other equipment needs of the National Guard, and for other purposes.

1.

Funding for equipment reset and other equipment needs of the National Guard

(a)

Findings

Congress makes the following findings: (1)In his testimony before the Commission on the National Guard and Reserves, the Chief of the National Guard Bureau, Lieutenant General Blum, warned about equipment shortfalls for the Army National Guard and Air National Guard stating that “88 percent of the forces that are back here in the United States are very poorly equipped today in the Army National Guard. And in the Air National Guard for the last three decades, they have never had a unit below C2 in equipment readiness”. (2)In the March 1, 2007, report of the Commission on the National Guard and Reserves, the Commission observes that— (A)while the operational tempo of the reserve components of the Armed Forces has increased substantially, resourcing has not kept pace; (B)the lack of sufficient and ready equipment is a problem common to both the active and reserve components of the Armed Forces; (C)the equipment readiness of the Army National Guard is unacceptable and has reduced the capability of the United States to respond to current and additional major contingencies, whether foreign and domestic; and (D)while the budget of the President for fiscal year 2008 includes large increases in funds for equipment for the National Guard, historical practice in the Department of Defense indicates that Army plans for projected funding increases for equipment for the Army National Guard are not reliably carried through. (3)According to the Commission on the National Guard and Reserves, procurement for the Army National Guard during the period from 1999 through 2005 has been reduced significantly from amounts proposed for such procurement before that period. The budget for fiscal year 2001 indicated that the Army planned to expend $1,346,000,000 in fiscal year 2004 for procurement for the Army National Guard, but the budget for fiscal year 2006 revealed that the Army expended only $578,400,000 for procurement for the Army National Guard in fiscal year 2004. Similarly, the budget for fiscal year 2001 indicated that the Army planned to expend $1,625,000,000 in fiscal year 2005 for procurement for the Army National Guard, but the budget for fiscal year 2006 revealed that the Army planned to expend only $660,900,000 for procurement for the Army National Guard in fiscal year 2005. (4)According to the Commission on the National Guard and Reserves, the difference between the amounts proposed for procurement for the Army National Guard for fiscal years 2003 through 2005 and the amounts actually expended for such procurement in such fiscal years was atypical and extreme. (5)According to a January 2007 report of the Government Accountability Office, inventories of equipment for the National Guard in the United States have decreased because of overseas operations, particularly inventories of the Army National Guard. The Comptroller General found that State officials expressed concerns about having enough equipment to respond to large scale natural or man made disasters such as Hurricane Katrina. (6)The Comptroller General found that before current overseas operations began, the majority of the combat forces of the Army National Guard were supplied with approximately 65 to 79 percent of their required equipment. As of November 2006, nondeployed Army National Guard forces nationwide still had approximately 64 percent of the total amount of authorized dual-use equipment, including authorized substitute items, based on their warfighting missions even as overseas and domestic missions have expanded. (b)

Authorization of appropriations

(1)

In general

There is hereby authorized to be appropriated for the Department of Defense for the Army National Guard and the Air National Guard for equipment reset requirements of the Army National Guard and the Air National Guard, and to otherwise remedy other equipment shortfalls of the Army National Guard and the Air National Guard, in order to bring the Army National Guard and the Air National Guard to full equipment readiness, amounts as follows: (A)For fiscal year 2008: (i)For procurement of National Guard and Reserve Equipment, $2,100,000,000, with such amount to be available for the Army National Guard. (ii)For Operation and Maintenance, Army National Guard, $1,300,000,000. (iii)For other equipment procurement and reset, $4,360,000,000, of which— (I)$2,600,000,000 shall be available for the Army National Guard; and (II)$1,760,000,000 shall be available for the Air National Guard. (iv)For National Guard Personnel, Air Force, $280,000,000. (v)For Operation and Maintenance, Air National Guard, $720,000,000. (B)For each of fiscal years 2009 through 2013: (i)For procurement of National Guard and Reserve Equipment, $575,000,000, with such amount to be available for the Army National Guard. (ii)For Operation and Maintenance, Army National Guard, $1,300,000,000. (iii)For other equipment procurement and reset, $4,360,000,000, of which— (I)$2,600,000,000 shall be available for the Army National Guard; and (II)$1,760,000,000 shall be available for the Air National Guard. (iv)For National Guard Personnel, Air Force, $280,000,000. (v)For Operation and Maintenance, Air National Guard, $720,000,000. (2)

Supplement not supplant

The amounts authorized to be appropriated by paragraph (1) for a fiscal year and account specified in that paragraph is in addition to any other amounts authorized to be appropriated for the Department of Defense for such fiscal year for such account. (c)

Report on defense industrial base

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report assessing the capability, during the 5-year period beginning on October 1, 2007, of the defense industrial base of the United States to produce the equipment to be procured using amounts applicable amounts authorized to be appropriated by subsection (b). (2)

Recommendations

If the assessment in the report under paragraph (1) includes a determination that the defense industrial base does not have the capability to produce equipment as described in that paragraph, the report shall also include such recommendations as the Secretary considers appropriate for actions, including investments, necessary to develop that capability.