S.Amdt. 2038

SA 2038. Mr. CASEY (for himself, Mr. Bennet, and Mr. Leahy) submitted
an amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 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:

At the end of subtitle B of title V, add the following:

SEC. ___. SENSE OF CONGRESS ON ADVANCE PLANNING AND EXPEDITED
ACTIVATION IN USE OF THE NATIONAL GUARD TO
SUPPORT NATIONAL EMERGENCIES SUCH AS THE
EMERGENCY IN CONNECTION WITH THE CORONAVIRUS
DISEASE 2019 (COVID-19).

It is the sense of Congress that--
(1) the President continues to extend the use of the
National Guard under section 502(f)(2)(A) of title 32, United
States Code, for response to domestic emergencies such as the
Coronoavirus Disease 2019 (COVID-19), but such extensions
have come on an ad hoc basis;
(2) the ad hoc nature of such extensions, not based on
transparent and known requirements, has led to uncertainty
and challenges in planning for many members of the National
Guard, their families, and their employers;
(3) the process for activation of the National Guard for
such responses under such section 502(f)(2)(A) has been
unreasonable and cumbersome for State Governors and adjutants
general; and
(4) Congress urges the Department of Defense to conduct
advance planning, in consultation with State Governors, for
the expedited activation of the National Guard under such
section 502(f)(2)(A) for use in responses to catastrophic
events and emergencies such as the emergency in connection
with the Coronoavirus Disease 2019, such that--
(A) activation occurs only when the President and the
Governor of the State concerned declare an emergency in
connection with the same event;
(B) activation occurs rapidly to meet emergency needs; and
(C) members and units of the National Guard so activated
are afforded all applicable benefits under law for service
pursuant to such activation.
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