article: 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.
summary: Ensuring Defense Support to Catastrophic Incident Response Act of 2008 - Directs the Department of Defense (DOD) to undertake civil support operations in response to catastrophic incidents in the United States. Requires: (1) the Secretary of Defense to develop comprehensive plans for such operations, including strategies for the use of the Armed Forces (including the National Guard and Reserve) and civilian personnel and contractors of DOD; (2) the annual DOD budget to include a separate funding request for carrying out such operations; and (3) the first national security strategy and national defense strategy prepared after the enactment of this Act to include, among other things, DOD roles and responsibilities in responding to catastrophic incidents.