II 

109TH CONGRESS 

2D SESSION S. 2681 

To amend title 10, United States Code, to provide for reports on the withdrawal or diversion of equipment from Reserve units to other Reserve 

units being mobilized, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Ms. CANTWELL (for herself, Mr. BIDEN, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To amend title 10, United States Code, to provide for reports 

on the withdrawal or diversion of equipment from Reserve units to other Reserve units being mobilized, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard Equip5 ment Accountability Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The National Guard continues to provide 

2 invaluable resources to meet national security, home3 land defense, and civil emergency mission require4 ments. 

5 (2) Current military operations, transnational 

6 threats, and domestic emergencies will increase the 

7 use of the National Guard for both military support 

8 to civilian authorities and to execute the military 

9 strategy of the United States. 

10 (3) To meet the demand for certain types of 

11 equipment for continuing United States military op12 erations, the Army has required Army National 

13 Guard Units to leave behind many items for use by 

14 follow-on forces. 

15 (4) The Governors of every State and 2 Terri16 tories expressed concern in February 2006 that 

17 units returning from deployment overseas without 

18 adequate equipment would have trouble carrying out 

19 their homeland security and domestic disaster du20 ties. 

21 (5) The Department of Defense estimates that 

22 it has directed the Army National Guard to leave 

23 overseas more than 75,000 items valued at approxi24 mately $1,760,000,000 to support Operation Endur25 ing Freedom and Operation Iraqi Freedom. 


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1 (6) Department of Defense Directive 1225.6 re2 quires a replacement and tracking plan be developed 

3 within 90 days for equipment of the reserve compo4 nents of the Armed Forces that is transferred to the 

5 active components of the Armed Forces. 

6 (7) In October 2005, the Government Account7 ability Office found that the Department of Defense 

8 can only account for about 45 percent of such equip9 ment and has not developed a plan to replace such 

10 equipment. 

11 (8) The Government Accountability Office also 

12 found that without a completed and implemented 

13 plan to replace all National Guard equipment left 

14 overseas, Army National Guard units will likely face 

15 growing equipment shortages and challenges in re16 gaining readiness for future missions. 

17 SEC. 3. REPORTS ON WITHDRAWAL OR DIVERSION OF 

18 EQUIPMENT FROM RESERVE UNITS FOR SUP19 PORT OF RESERVE UNITS BEING MOBILIZED 

20 AND OTHER UNITS. 

21 (a) IN GENERAL.—Chapter 1007 of title 10, United 

22 States Code, is amended by inserting after section 10208 

23 the following new section: 


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1 ‘‘§ 10208a. Mobilization: reports on withdrawal or di2 version of equipment from Reserve units 

3 for support of Reserve units being mobi4 lized and other units 

5 ‘‘(a) REPORT REQUIRED ON WITHDRAWAL OR DI6 VERSION OF EQUIPMENT.—Not later than 90 days after 

7 withdrawing or diverting equipment from a unit of the Re8 serve to a unit of the Reserve being ordered to active duty 

9 under section 12301, 12302, or 12304 of this title, or to 

10 a unit or units of a regular component of the armed forces, 

11 for purposes of the discharge of the mission of such unit 

12 or units, the Secretary concerned shall submit to the Sec13 retary of Defense a report on the withdrawal or diversion 

14 of equipment. 

15 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

16 on equipment withdrawn or diverted shall include the fol17 lowing: 

18 ‘‘(1) A plan to replace such equipment within 

19 the unit from which withdrawn or diverted. 

20 ‘‘(2) If such equipment is to remain in a the21 ater of operations while the unit from which with22 drawn or diverted returns to the United States, a 

23 plan to provide such unit with replacement equip24 ment appropriate to ensure the continuation of the 

25 readiness training of such unit. 


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1 ‘‘(3) A signed memorandum of understanding 

2 between the active or reserve component to which 

3 withdrawn or diverted and the reserve component 

4 from which withdrawn or diverted that specifies— 

5 ‘‘(A) how such equipment will be tracked 

6 by the unit or units to which withdrawn or di7 verted; and 

8 ‘‘(B) when such equipment will be returned 

9 to the unit from which withdrawn or diverted.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 1007 of such title is amended 

12 by inserting after the item relating to section 10208 the 

13 following new item: 

‘‘10208a. Mobilization: reports on withdrawal or diversion of equipment from 

Reserve units for support of Reserve units being mobilized and 

other units.’’. 

Æ 


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