text: 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.
target: 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.
feat_title: A bill to amend title 10, United States Code, to establish the responsibility of the Department of Defense to plan for and respond to catastrophic incidents in the United States, and for other purposes.