1.This Act may be cited as the
National Guard Empowerment and
State-National Defense Integration Act of 2011
.
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 positionsSection 10505 of title 10, United
States Code, is amended to read as follows:
10505.Vice Chief
of the National Guard Bureau
(a)(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)The
Vice Chief of the National Guard Bureau performs such duties as may be
prescribed by the Chief of the National Guard Bureau.
(c)The
Vice Chief of the National Guard Bureau shall be appointed to serve in the
grade of lieutenant general.
(d)Functions as
Acting ChiefWhen 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)
(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)
(1)The heading of section 10502 of such title is amended
to read as follows:
10502. Chief of the National Guard Bureau:
appointment; advisor on National Guard matters;
grade
.
(2)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.
.
3.Membership of the
Chief of the National Guard Bureau on the Joint Chiefs of Staff
(a)Membership on
Joint Chiefs of StaffSection 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)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 StaffThe 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.
.
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)
(1)Continuation as
permanent programThe 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
terminationThe 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 scopeAs 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
activitiesAs 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 activitiesAs 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)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 definedIn 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.
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)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)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 StatesIn 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)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 definedIn 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.
6.Report on
comparative analysis of costs of comparable units of the reserve components and
the regular components of the Armed Forces
(a)
(1)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)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 structureThe
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 reportNot 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 definedIn this section, the term
congressional defense committees has the meaning given that term
in section 101(a)(16) of title 10, United States Code.
7.Display of
procurement of equipment for the reserve components of the Armed Forces under
estimated expenditures for procurement in future-years defense
programsEach 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.
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 appropriationsThere 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)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)
(1)Authorization
of appropriationsThere 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)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)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 appropriationsThere 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)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)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.
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
StatesThe 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
responsibilityIn 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)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)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 responsibilityNothing 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)The
Secretary of Defense shall prescribe regulations for purposes of aiding the
expeditious implementation of the authorities and responsibilities in this
section.
10.Requirements
relating to National Guard officers in certain command positions
(a)Commander of
Army North CommandThe 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 CommandThe 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)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.
11.Availability of
funds under State Partnership Program for additional National Guard contacts on
matters within the core competencies of the National Guard
(a)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 2012There 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).