[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1025 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1025

To amend title 10, United States Code, to enhance the national defense 
through empowerment of the National Guard, enhancement of the functions 
of the National Guard Bureau, and improvement of Federal-State military 
  coordination in domestic emergency response, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2011

 Mr. Leahy (for himself and Mr. Graham) 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 enhance the national defense 
through empowerment of the National Guard, enhancement of the functions 
of the National Guard Bureau, and improvement of Federal-State military 
  coordination in domestic emergency response, 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 Empowerment and 
State-National Defense Integration Act of 2011''.

SEC. 2. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL GUARD 
              BUREAU AND TERMINATION OF POSITION OF DIRECTOR OF THE 
              JOINT STAFF OF THE NATIONAL GUARD BUREAU.

    (a) Reestablishment and Termination of Positions.--Section 10505 of 
title 10, United States Code, is amended to read as follows:
``Sec. 10505. Vice Chief of the National Guard Bureau
    ``(a) Appointment.--(1) There is a Vice Chief of the National Guard 
Bureau, selected by the Secretary of Defense from officers of the Army 
National Guard of the United States or the Air National Guard of the 
United States who--
            ``(A) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(B) have had at least 10 years of federally recognized 
        service in an active status in the National Guard; and
            ``(C) are in a grade above the grade of colonel.
    ``(2) The Chief and Vice Chief of the National Guard Bureau may not 
both be members of the Army or of the Air Force.
    ``(3)(A) Except as provided in subparagraph (B), an officer 
appointed as Vice Chief of the National Guard Bureau serves for a term 
of four years, but may be removed from office at any time for cause.
    ``(B) The term of the Vice Chief of the National Guard Bureau shall 
end within a reasonable time (as determined by the Secretary of 
Defense) following the appointment of a Chief of the National Guard 
Bureau who is a member of the same armed force as the Vice Chief.
    ``(b) Duties.--The Vice Chief of the National Guard Bureau performs 
such duties as may be prescribed by the Chief of the National Guard 
Bureau.
    ``(c) Grade.--The Vice Chief of the National Guard Bureau shall be 
appointed to serve in the grade of lieutenant general.
    ``(d) Functions as Acting Chief.--When there is a vacancy in the 
office of the Chief of the National Guard Bureau or in the absence or 
disability of the Chief, the Vice Chief of the National Guard Bureau 
acts as Chief and performs the duties of the Chief until a successor is 
appointed or the absence of disability ceases.''.
    (b) Conforming Amendments.--
            (1) Section 10502 of such title is amended by striking 
        subsection (e).
            (2) Section 10506(a)(1) of such title is amended by 
        striking ``and the Director of the Joint Staff of the National 
        Guard Bureau'' and inserting ``and the Vice Chief of the 
        National Guard Bureau''.
    (c) Clerical Amendments.--
            (1) Heading amendment.--The heading of section 10502 of 
        such title is amended to read as follows:
``Sec. 10502. Chief of the National Guard Bureau: appointment; advisor 
              on National Guard matters; grade''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1011 of such title is amended--
                    (A) by striking the item relating to section 10502 
                and inserting the following new item:

``10502. Chief of the National Guard Bureau: appointment; advisor on 
                            National Guard matters; grade.'';
                and
                    (B) by striking the item relating to section 10505 
                and inserting the following new item:

``10505. Vice Chief of the National Guard Bureau.''.

SEC. 3. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD BUREAU ON THE 
              JOINT CHIEFS OF STAFF.

    (a) Membership on Joint Chiefs of Staff.--Section 151(a) of title 
10, United States Code, is amended by adding at the end the following 
new paragraph:
            ``(7) The Chief of the National Guard Bureau.''.
    (b) Conforming Amendments.--Section 10502 of such title, as amended 
by section 2(b)(1) of this Act, is further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Member of Joint Chiefs of Staff.--The Chief of the National 
Guard Bureau shall perform the duties prescribed for him or her as a 
member of the Joint Chiefs of Staff under section 151 of this title.''.

SEC. 4. CONTINUATION AS A PERMANENT PROGRAM AND ENHANCEMENT OF 
              ACTIVITIES OF TASK FORCE FOR EMERGENCY READINESS PILOT 
              PROGRAM OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Continuation.--
            (1) Continuation as permanent program.--The Administrator 
        of the Federal Emergency Management Agency shall continue the 
        Task Force for Emergency Readiness (TFER) pilot program of the 
        Federal Emergency Management Agency as a permanent program of 
        the Agency.
            (2) Limitation on termination.--The Administrator may not 
        terminate the Task Force for Emergency Readiness program, as so 
        continued, until authorized or required to terminate the 
        program by law.
    (b) Expansion of Program Scope.--As part of the continuation of the 
Task Force for Emergency Readiness program pursuant to subsection (a), 
the Administrator shall carry out the program in at least five States 
in addition to the five States in which the program is carried out as 
of the date of the enactment of this Act.
    (c) Additional FEMA Activities.--As part of the continuation of the 
Task Force for Emergency Readiness program pursuant to subsection (a), 
the Administrator shall--
            (1) establish guidelines and standards to be used by the 
        States in strengthening the planning and planning capacities of 
        the States with respect to responses to catastrophic disaster 
        emergencies; and
            (2) develop a methodology for implementing the Task Force 
        for Emergency Readiness that includes goals and standards for 
        assessing the performance of the Task Force.
    (d) National Guard Bureau Activities.--As part of the continuation 
of the Task Force for Emergency Readiness program pursuant to 
subsection (a), the Chief of the National Guard Bureau shall--
            (1) assist the Administrator in the establishment of the 
        guidelines and standards, implementation methodology, and 
        performance goals and standards required by subsection (c);
            (2) in coordination with the Administrator--
                    (A) identify, using catastrophic disaster response 
                plans for each State developed under the program, any 
                gaps in State civilian and military response 
                capabilities that Federal military capabilities are 
                unprepared to fill; and
                    (B) notify the Secretary of Defense, the Commander 
                of the United States Northern Command, and the 
                Commander of the United States Pacific Command of any 
                gaps in capabilities identified under subparagraph (A); 
                and
            (3) acting through and in coordination with the Adjutants 
        General of the States, assist the States in the development of 
        State plans on responses to catastrophic disaster emergencies.
    (e) Annual Reports.--The Administrator and the Chief of the 
National Guard Bureau shall jointly submit to the appropriate 
committees of Congress each year a report on activities under the Task 
Force for Emergency Readiness program during the preceding year. Each 
report shall include a description of the activities under the program 
during the preceding year and a current assessment of the effectiveness 
of the program in meeting its purposes.
    (f) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Homeland Security of the House of Representatives.

SEC. 5. MEMORANDUM OF UNDERSTANDING BETWEEN DEPARTMENT OF DEFENSE AND 
              DEPARTMENT OF HOMELAND SECURITY ON UNITY OF EFFORT IN 
              RESPONSE OF MILITARY FORCES TO DOMESTIC EMERGENCIES.

    (a) Memorandum of Understanding Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense and the 
        Secretary of Homeland Security shall enter into a memorandum of 
        understanding on coordination between the Department of Defense 
        and the Department of Homeland Security, and between the 
        Departments and the States, in the use of military forces in 
        response to domestic emergencies.
            (2) Purpose.--The purpose of the memorandum is to ensure, 
        to the maximum extent practicable, a unity of effort within the 
        Federal Government, and between the Federal Government and the 
        States, regarding the use of military forces in response to 
        domestic emergencies.
    (b) Consultation With the States.--In entering into the memorandum 
of understanding required by subsection (a), the Secretary of Defense 
and the Secretary of Homeland Security shall jointly consult with the 
Council of Governors established by Executive Order No. 13528 for 
purposes of coordinating plans under the memorandum of understanding 
with the plans of the States for the use of military forces of the 
States in response to domestic emergencies.
    (c) Submittal to Congress.--Upon entry into the memorandum of 
understanding required by subsection (a), the Secretary of Defense and 
the Secretary of Homeland Security shall jointly submit to the 
appropriate committees of Congress a report on the memorandum of 
understanding. The report shall include the following:
            (1) The memorandum of understanding.
            (2) A comprehensive description of the manner in which the 
        mechanisms set forth in the memorandum of understanding will 
        ensure a unity of effort within the Federal Government, and 
        between the Federal Government and the State or States 
        concerned, regarding the use of military forces in response to 
        domestic emergencies, including, in particular, the manner in 
        which such mechanisms will ensure a unity of such effort 
        between the Federal Government and the States in the use of 
        such forces in such response.
            (3) Such other matters as the Secretaries jointly consider 
        appropriate.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriated committees of Congress'' means--
            (1) the Committees on Armed Services, Homeland Security and 
        Governmental Affairs, and Appropriations of the Senate; and
            (2) the Committees on Armed Services, Homeland Security, 
        and Appropriations of the House of Representatives.

SEC. 6. REPORT ON COMPARATIVE ANALYSIS OF COSTS OF COMPARABLE UNITS OF 
              THE RESERVE COMPONENTS AND THE REGULAR COMPONENTS OF THE 
              ARMED FORCES.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report setting 
        forth a comparative analysis of the costs of units of the 
        regular components of the Armed Forces with the costs of 
        similar units of the reserve components of the Armed Forces. 
        The analysis shall include a separate comparison of the costs 
        of units in the aggregate and of the costs of units solely when 
        on active duty.
            (2) Similar units.--For purposes of this subsection, units 
        of the regular components and reserve components shall be 
        treated as similar if such units have the same general 
        structure, personnel, or function, or are substantially 
        composed of personnel having identical or similar military 
        occupational specialties (MOS).
    (b) Assessment of Increased Reserve Component Presence in Total 
Force Structure.--The Secretary shall include in the report required by 
subsection (a) an assessment of the advisability of increasing the 
number of units and members of the reserve components of the Armed 
Forces within the total force structure of the Armed Forces. The 
assessment shall take into account the comparative analysis conducted 
for purposes of subsection (a) and such other matters as the Secretary 
considers appropriate for purposes of the assessment.
    (c) Comptroller General Report.--Not later than 180 days after the 
date of the submittal of the report required by subsection (a), the 
Comptroller General of the United States shall submit to the 
congressional defense committees a report setting forth a review of 
such report by the Comptroller General. The report of the Comptroller 
General shall include an assessment of the comparative analysis 
contained in the report required by subsection (a) and of the 
assessment of the Secretary pursuant to subsection (b).
    (d) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' has the meaning given that 
term in section 101(a)(16) of title 10, United States Code.

SEC. 7. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE RESERVE COMPONENTS 
              OF THE ARMED FORCES UNDER ESTIMATED EXPENDITURES FOR 
              PROCUREMENT IN FUTURE-YEARS DEFENSE PROGRAMS.

    Each future-years defense program submitted to Congress under 
section 221 of title 10, United States Code, shall, in setting forth 
estimated expenditures and item quantities for procurement for the 
Armed Forces for the fiscal years covered by such program, display 
separately under such estimated expenditures and item quantities the 
estimated expenditures for each such fiscal year for equipment for each 
reserve component of the Armed Forces that will receive items in any 
fiscal year covered by such program.

SEC. 8. FISCAL YEAR 2012 FUNDING FOR THE NATIONAL GUARD FOR CERTAIN 
              DOMESTIC ACTIVITIES.

    (a) Continuity of Operations, Continuity of Government, and 
Consequence Management.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2012 for the 
        Department of Defense amounts as follows:
                    (A) For National Guard Personnel, Army, 
                $11,000,000.
                    (B) For National Guard Personnel, Air Force, 
                $3,500,000.
                    (C) For Operation and Maintenance, Army National 
                Guard, $11,000,000.
            (2) Availability.--The amounts authorized to be 
        appropriated by paragraph (1) shall be available to the Army 
        National Guard and the Air National Guard, as applicable, for 
        costs of personnel in training and operations with respect to 
        continuity of operations, continuity of government, and 
        consequence management in connection with response to terrorist 
        and other attacks on the United States homeland and natural and 
        man-made catastrophes in the United States.
    (b) Domestic Operations.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2012 for the 
        Department of Defense, $300,000,000 for Operation and 
        Maintenance, Defense-wide.
            (2) Availability.--The amount authorized to be appropriated 
        by paragraph (1) shall be available for the Army National Guard 
        and the Air National Guard for emergency preparedness and 
        response activities of the National Guard while in State status 
        under title 32, United States Code.
            (3) Transfer.--Amounts under the amount authorized to be 
        appropriated by paragraph (1) shall be available for transfer 
        to accounts for National Guard Personnel, Army, and National 
        Guard Personnel, Air Force, for purposes of the pay and 
        allowances of members of the National Guard in conducting 
        activities described in paragraph (2).
    (c) Joint Operations Coordination Centers.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2012 for the 
        Department of Defense amounts as follows:
                    (A) For National Guard Personnel, Army, 
                $28,000,000.
                    (B) For National Guard Personnel, Air Force, 
                $7,000,000.
            (2) Availability.--The amounts authorized to be 
        appropriated by paragraph (1) shall be available to the Army 
        National Guard and the Air National Guard, as applicable, for 
        costs of personnel in continuously staffing a Joint Operations 
        Coordination Center (JOCC) in the Joint Forces Headquarters of 
        the National Guard in each State and Territory for command and 
        control and activation of forces in response to terrorist and 
        other attacks on the United States homeland and natural and 
        man-made catastrophes in the United States.
    (d) Supplement Not Supplant.--The amounts authorized to be 
appropriated by subsections (a), (b), and (c) for the purposes set 
forth in such subsections are in addition to any other amounts 
authorized to be appropriated for fiscal year 2012 for the Department 
of Defense for such purposes.

SEC. 9. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED STATES 
              NORTHERN COMMAND AND OTHER COMBATANT COMMANDS.

    (a) Commands Responsible for Support to Civil Authorities in the 
United States.--The United States Northern Command and the United 
States Pacific Command shall be the combatant commands of the Armed 
Forces that are principally responsible for the support of civil 
authorities in the United States by the Armed Forces.
    (b) Discharge of Responsibility.--In discharging the responsibility 
set forth in subsection (a), the Commander of the United States 
Northern Command and the Commander of the United States Pacific Command 
shall each--
            (1) in consultation with and acting through the Chief of 
        the National Guard Bureau and the Joint Force Headquarters of 
        the National Guard of the State or States concerned, assist the 
        States in the employment of the National Guard under State 
        control, including National Guard operations conducted in State 
        active duty or under title 32, United States Code; and
            (2) facilitate the deployment of the Armed Forces on active 
        duty under title 10, United States Code, as necessary to 
        augment and support the National Guard in its support of civil 
        authorities when National Guard operations are conducted under 
        State control, whether in State active duty or under title 32, 
        United States Code.
    (c) Memorandum of Understanding.--
            (1) Memorandum required.--Not later than 180 days after the 
        date of the enactment of this Act, the Commander of the United 
        States Northern Command, the Commander of the United States 
        Pacific Command, and the Chief of the National Guard Bureau 
        shall, with the approval of the Secretary of Defense, jointly 
        enter into a memorandum of understanding setting forth the 
        operational relationships, and individual roles and 
        responsibilities, during responses to domestic emergencies 
        among the United States Northern Command, the United States 
        Pacific Command, and the National Guard Bureau.
            (2) Modification.--The Commander of the United States 
        Northern Command, the Commander of the United States Pacific 
        Command, and the Chief of the National Guard Bureau may from 
        time to time modify the memorandum of understanding under this 
        subsection to address changes in circumstances and for such 
        other purposes as the Commander of the United States Northern 
        Command, the Commander of the United States Pacific Command, 
        and the Chief of the National Guard Bureau jointly consider 
        appropriate. Each such modification shall be subject to the 
        approval of the Secretary of Defense.
    (d) Authority To Modify Assignment of Command Responsibility.--
Nothing in this section shall be construed as altering or limiting the 
power of the President or the Secretary of Defense to modify the 
Unified Command Plan in order to assign all or part of the 
responsibility described in subsection (a) to a combatant command other 
than the United States Northern Command or the United States Pacific 
Command.
    (e) Regulations.--The Secretary of Defense shall prescribe 
regulations for purposes of aiding the expeditious implementation of 
the authorities and responsibilities in this section.

SEC. 10. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN CERTAIN 
              COMMAND POSITIONS.

    (a) Commander of Army North Command.--The officer serving in the 
position of Commander, Army North Command, shall be an officer in the 
Army National Guard of the United States.
    (b) Commander of Air Force North Command.--The officer serving in 
the position of Commander, Air Force North Command, shall be an officer 
in the Air National Guard of the United States.
    (c) Sense of Congress.--It is the sense of Congress that, in 
assigning officers to the command positions specified in subsections 
(a) and (b), the President should afford a preference in assigning 
officers in the Army National Guard of the United States or Air 
National Guard of the United States, as applicable, who have served as 
the adjutant general of a State.

SEC. 11. AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP PROGRAM FOR 
              ADDITIONAL NATIONAL GUARD CONTACTS ON MATTERS WITHIN THE 
              CORE COMPETENCIES OF THE NATIONAL GUARD.

    (a) In General.--The Secretary of Defense shall, in consultation 
with the Secretary of State, modify the regulations prescribed pursuant 
to section 1210 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) to 
provide for the use of funds available pursuant to such regulations for 
contacts between members of the National Guard and civilian personnel 
of foreign governments outside the ministry of defense on matters 
within the core competencies of the National Guard such as the 
following:
            (1) Disaster response and mitigation.
            (2) Defense support to civilian authorities.
            (3) Consequence management and installation protection.
            (4) Chemical, biological, radiological, or nuclear event 
        (CBRNE) response.
            (5) Border and port security and cooperation with civilian 
        law enforcement.
            (6) Search and rescue.
            (7) Medical matters.
            (8) Counterdrug and counternarcotics activities.
            (9) Public affairs.
            (10) Employer and family support of reserve forces.
            (11) Such other matters within the core competencies of the 
        National Guard and suitable for contacts under the State 
        Partnership Program as the Secretary of Defense shall specify.
    (b) Funding for Fiscal Year 2012.--There is hereby authorized to be 
appropriated for fiscal year 2012 for the Department of Defense for the 
National Guard, $50,000,000 to be available for contacts under the 
State Partnership Program authorized pursuant to the modification of 
regulations required by subsection (a).
                                 <all>