S.Amdt. 1333Senate112th Congress (2011-2013)2nd degree

S.Amdt. 1333

Submitted November 18, 2011

Text

Submitted

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

SA 1333. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1072 submitted by 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. Snowe, Ms. Stabenow, Mr. Tester, Mr. Udall
of Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr.
Toomey, and Mr. Kerry) 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; which was ordered to lie on
the table; as follows:

       On page 14, strike line 14 and all that follows through the
     end and insert the following:

     SEC. 1609. NATIONAL GUARD STATE PARTNERSHIP PROGRAM.

       (a) State Partnership Program.--
       (1) In general.--Chapter 1 of title 32, United States Code,
     is amended by adding at the end the following new section:

     ``Sec. 116. State Partnership Program

       ``(a) Availability of Appropriated Funds.--(1) Funds
     appropriated to the Department of Defense, including for the
     Air and Army National Guard, shall be available for the
     payment of costs to conduct activities under the State
     Partnership Program, whether inside the United States or
     outside the United States, for purposes as follows:
       ``(A) To support the objectives of the commander of the
     combatant command for the theater of operations in which such
     contacts and activities are conducted.
       ``(B) To support the objectives of the United States chief
     of mission of the partner nation with which contacts and
     activities are conducted.
       ``(C) To build international partnerships and defense and
     security capacity.
       ``(D) To strengthen cooperation between the departments and
     agencies of the United States Government and agencies of
     foreign governments to support building of defense and
     security capacity.
       ``(E) To facilitate intergovernmental collaboration between
     the United States Government and foreign governments in the
     areas of defense and security.
       ``(F) To facilitate and enhance the exchange of information
     between the United States Government and foreign governments
     on matters relating to defense and security.
       ``(2) Costs under paragraph (1) may include costs as
     follows:

[[Page S7871]]

       ``(A) Costs of pay and allowances of members of the
     National Guard.
       ``(B) Travel and necessary expenses of United States
     personnel outside of the Department of Defense in the State
     Partnership Program.
       ``(C) Travel and necessary expenses of foreign participants
     directly supporting activities under the State Partnership
     Program.
       ``(b) Limitations.--(1) Funds shall not be available under
     subsection (a) for activities described in that subsection
     that are conducted in a foreign country unless jointly
     approved by the commander of the combatant command concerned
     and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for
     the participation of a member of the National Guard in
     activities described in that subsection in a foreign country
     unless the member is on active duty in the armed forces at
     the time of such participation.
       ``(3) Funds shall not be available under subsection (a) for
     interagency activities involving United States civilian
     personnel or foreign civilian personnel unless the
     participation of such personnel in such activities--
       ``(A) contributes to responsible management of defense
     resources;
       ``(B) fosters greater respect for and understanding of the
     principle of civilian control of the military;
       ``(C) contributes to cooperation between United States
     military and civilian governmental agencies and foreign
     military and civilian government agencies; or
       ``(D) improves international partnerships and capacity on
     matters relating to defense and security.
       ``(c) Reimbursement.--In the event of the participation of
     United States Government participants (other than personnel
     of the Department of Defense) in activities for which payment
     is made under subsection (a), the head of the department or
     agency concerned shall reimburse the Secretary of Defense for
     the costs associated with the participation of such personnel
     in such contacts and activities. Amounts reimbursed the
     Department of Defense under this subsection shall be
     deposited in the appropriation or account from which amounts
     for the payment concerned were derived. Any amounts so
     deposited shall be merged with amounts in such appropriation
     or account, and shall be available for the same purposes, and
     subject to the same conditions and limitations, as amounts in
     such appropriation or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `State Partnership Program' means a program
     that establishes a defense and security relationship between
     the National Guard of a State or territory and the military
     and security forces, and related disaster management,
     emergency response, and security ministries, of a foreign
     country.
       ``(2) The term `activities', for purposes of the State
     Partnership Program, means any military-to-military
     activities or interagency activities for a purpose set forth
     in subsection (a)(1).
       ``(3) The term `interagency activities' means the
     following:
       ``(A) Contacts between members of the National Guard and
     foreign civilian personnel outside the ministry of defense of
     the foreign country concerned on matters within the core
     competencies of the National Guard.
       ``(B) Contacts between United States civilian personnel and
     members of the Armed Forces of a foreign country on matters
     within such core competencies.
       ``(4) The term `matter within the core competencies of the
     National Guard' means matters with respect to the following:
       ``(A) Disaster response and mitigation.
       ``(B) Defense support to civil authorities.
       ``(C) Consequence management and installation protection.
       ``(D) Response to a chemical, biological, radiological,
     nuclear, or explosives (CBRNE) event.
       ``(E) Border and port security and cooperation with
     civilian law enforcement.
       ``(F) Search and rescue.
       ``(G) Medicine.
       ``(H) Counterdrug and counternarcotics activities.
       ``(I) Public affairs.
       ``(J) Employer support and family support for reserve
     forces.
       ``(5) The term `United States civilian personnel' means the
     following:
       ``(A) Personnel of the United States Government (including
     personnel of departments and agencies of the United States
     Government other than the Department of Defense) and
     personnel of State and local governments of the United
     States.
       ``(B) Members and employees of the legislative branch of
     the United States Government.
       ``(C) Non-governmental individuals.
       ``(6) The term `foreign civilian personnel' means the
     following:
       ``(A) Civilian personnel of a foreign government at any
     level (including personnel of ministries other than
     ministries of defense).
       ``(B) Non-governmental individuals of a foreign country.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of chapter 1 of such title is amended by adding at
     the end the following new item:

``116. State Partnership Program.''.

       (b) Repeal of Superseded Authority.--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) is
     repealed.
                                 ______

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Senate amendment submitted

November 18, 2011