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.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 1072. Mr. LEAHY (for himself, Mr. Graham, Mr. Rockefeller, Ms.
Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr. Begich, Mr. Bennet,
Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr. Boozman, Mrs. Boxer, Mr.
Brown, of Massachusetts, Mr. Brown, of Ohio, Mr. Burr, Ms. Cantwell,
Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. Conrad, Mr. Coons,
Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. Feinstein, Mr.
Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. Harkin, Mr.
Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, Mr. Johnson,
of Wisconsin, Mr. Johnson, of South Dakota, Ms. Klobuchar, Ms.
Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs.
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs.
Murray, Mr. Nelson, of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr.
Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. Tester, Mr. Udall, of
Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr.
Toomey, and Mr. Kerry) submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follow:

     :  At the end of division A, add the following:

                 TITLE XVI--NATIONAL GUARD EMPOWERMENT

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``National Guard Empowerment
     and State-National Defense Integration Act of 2011''.

[[Page S7718]]

     SEC. 1602. 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 brigadier general.
       ``(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. 1603. 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. 1604. 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. 1605. 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).

     SEC. 1606. 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

[[Page S7719]]

     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. 1607. 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. 1608. 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. 1609. AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP
                   PROGRAM FOR ADDITIONAL NATIONAL GUARD CONTACTS
                   ON MATTERS WITHIN THE CORE COMPETENCIES OF THE
                   NATIONAL GUARD.

       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.
                                 ______