II 

110TH CONGRESS 

2D SESSION S. 3585 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Mr. LIEBERMAN (for himself and Ms. COLLINS) 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 establish the 

responsibility of the Department of Defense to plan for 

and respond to catastrophic incidents in the United 

States, 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 ‘‘Ensuring Defense Sup5 port to Catastrophic Incident Response Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The United States faces real threats of 

2 man-made and natural disasters which could result 

3 in catastrophic consequences to the Nation, its re4 sources, and its people. Because of the scale of the 

5 potential consequences of these threats, they may 

6 constitute threats to national security and will re7 quire the full range of Federal resources to save 

8 lives, minimize human suffering, protect property, 

9 and mitigate damage. 

10 (2) Because of its manpower, communications, 

11 logistics, and other capabilities, the Department of 

12 Defense is uniquely suited to provide critical support 

13 to other departments and agencies of the Federal 

14 Government, State and local governments, and gov15 ernments of the Commonwealths and possessions of 

16 the United States in response to a catastrophic inci17 dent in the United States. 

18 (3) Planning and preparation for and execution 

19 of civil support operations in responding to cata20 strophic incidents in support of the Department of 

21 Homeland Security and State and local governments 

22 is a national security issue. 

23 (4) A successful response to catastrophic inci24 dents in the United States requires coordinated stra25 tegic plans and detailed operational plans with speVerDate Aug 31 2005 06:03 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3585.IS S3585

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1 cific tasking and sourcing. The Department of De2 fense must develop such plans and should maintain 

3 the required units and assets at the appropriate level 

4 of readiness in order to deliver the capabilities which 

5 will be required in a response led by the Department 

6 of Homeland Security. 

7 (5) The National Guard and Reserves are for8 ward-deployed in communities throughout the 

9 United States, are integrated with State and local 

10 governments, and have considerable homeland-re11 lated capabilities. The Department of Defense and 

12 the United States Northern Command must there13 fore consider the plans and capabilities of the Na14 tional Guard and Reserves, and State and local gov15 ernments, in plans for civil support operations. 

16 SEC. 3. DEPARTMENT OF DEFENSE SUPPORT OF DOMESTIC 

17 CIVILIAN AUTHORITIES IN RESPONSE TO 

18 CATASTROPHIC INCIDENTS IN THE UNITED 

19 STATES. 

20 (a) SUPPORT AUTHORIZED.—Part I of subtitle A of 

21 title 10, United States Code, is amended by inserting after 

22 chapter 18 the following new chapter: 


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1 ‘‘CHAPTER 19—SUPPORT OF DOMESTIC CI2 VILIAN AUTHORITIES IN RESPONSE 

3 TO CATASTROPHIC INCIDENTS IN THE 

4 UNITED STATES 

‘‘Sec. 

‘‘390. Department of Defense support of domestic civilian authorities in response to catastrophic incidents in the United States. 

5 ‘‘§ 390. Department of Defense support of domestic ci6 vilian authorities in response to cata7 strophic incidents in the United States 

8 ‘‘(a) IN GENERAL.—Subject to the authority, direc9 tion, and control of the President, the Department of De10 fense shall undertake civil support operations in response 

11 to catastrophic incidents in the United States. 

12 ‘‘(b) PLANS FOR SUPPORT.—(1) For purposes of car13 rying out the requirement in subsection (a), the Secretary 

14 of Defense shall, in conjunction with the Secretary of 

15 Homeland Security, develop comprehensive plans for civil 

16 support operations. 

17 ‘‘(2) The plans required under this subsection shall 

18 include strategies for the use of the armed forces, includ19 ing units and personnel of the regular components of the 

20 armed forces, units and personnel of the National Guard 

21 (including personnel on active duty under this title, in sta22 tus under title 32, and in State status, consistent with 

23 section 1814(c) of the National Defense Authorization Act 

24 for Fiscal Year 2008 (10 U.S.C. 113 note)), units and 


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1 personnel of the other reserve components of the armed 

2 forces, the civilian personnel of the Department of De3 fense, and, if the Secretary considers it appropriate for 

4 purposes of the plans, contractors of the Department of 

5 Defense. 

6 ‘‘(3) The plans required under this subsection shall 

7 be developed in coordination with other departments and 

8 agencies of the Federal Government with homeland secu9 rity responsibilities as part of an established national plan10 ning process and shall include the development of oper11 ations plans required by section 653(b) of the Post12 Katrina Emergency Management Reform Act of 2006 (6 

13 U.S.C. 753(b)). 

14 ‘‘(4) The plans required under this subsection shall 

15 be developed to execute strategic requirements established 

16 by the Secretary of Homeland Security though an estab17 lished national planning process. 

18 ‘‘(c) IMPLEMENTATION AND EXECUTION OF

19 PLANS.—In implementing the plans developed under sub20 section (b), the Secretary of Defense shall— 

21 ‘‘(1) ensure that— 

22 ‘‘(A) the Department of Defense is orga23 nized and equipped with the capabilities and re24 sources required to execute the plans; and 


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1 ‘‘(B) the capabilities and resources re2 ferred to in subparagraph (A) are available, ac3 cessible, and maintained at the appropriate 

4 readiness status to enable deployment in ac5 cordance with the plans; and 

6 ‘‘(2) ensure that any capabilities and resources 

7 identified under paragraph (1)(A), when appro8 priate, train and participate in exercises, including— 

9 ‘‘(A) exercises administered under the na10 tional exercise program carried out under sec11 tion 648(b) of the Post-Katrina Emergency 

12 Management Reform Act of 2006 (6 U.S.C. 

13 748(b)); and 

14 ‘‘(B) other exercises determined appro15 priate by the Secretary of Defense to ensure 

16 such capabilities and resources are maintained 

17 at the appropriate state of readiness. 

18 ‘‘(d) BUDGET.—The budget of the Department of 

19 Defense for any fiscal year (as submitted to Congress pur20 suant to section 1105 of title 31) shall include a request 

21 for funds sufficient to carry out the requirements of this 

22 section in such fiscal year. The request for a fiscal year 

23 under this subsection shall set forth separately the fol24 lowing: 


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1 ‘‘(1) Each component, program, or activity of 

2 the Department of Defense that will carry out the 

3 requirements of this section in such fiscal year. 

4 ‘‘(2) The amount requested for each such com5 ponent, program, or activity to carry out such re6 quirements in such fiscal year. 

7 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

8 be construed as prohibiting or limiting the authority of 

9 the Department of Defense to provide support operations 

10 in response to a disaster or incident that is not a cata11 strophic incident as otherwise provided by law. 

12 ‘‘(f) REPORTS.—(1) Not later than one year after the 

13 date of the enactment of this section, and every two years 

14 thereafter, the Secretary of Defense shall submit to the 

15 appropriate committees of Congress a report on the imple16 mentation of the requirements of this section, including 

17 a discussion of the development and implementation of the 

18 plans required by subsection (b). 

19 ‘‘(2) Each report under this subsection shall be sub20 mitted in unclassified form, but may include a classified 

21 annex. 

22 ‘‘(g) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘catastrophic incident’ has the 

24 meaning given that term in section 501(3) of the 

25 Homeland Security Act of 2002 (6 U.S.C. 311(3)). 


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1 ‘‘(2) The term ‘civil support operation’ means a 

2 mission performed by the Department of Defense in 

3 support of other departments or agencies of the 

4 Federal Government, State or local governments, or 

5 governments of the Commonwealths or possessions 

6 of the United States in their efforts to prevent, pro7 tect against, prepare for, respond to, and recover 

8 from natural disasters, acts of terrorism, and other 

9 man-made disasters.’’. 

10 (b) CLERICAL AMENDMENTS.—The tables of chap11 ters at the beginning of title, United States Code, and at 

12 the beginning of part I of subtitle A of such title, are each 

13 amended by inserting after the item relating to chapter 

14 18 the following new item: 

‘‘19. Support of Domestic Civilian Authorities in Response to Catastrophic Incidents in the United States ........................ 390.’’. 

15 SEC. 4. QUADRENNIAL DEFENSE REVIEW MATTERS. 

16 Section 118 of title 10, United States Code, is 

17 amended— 

18 (1) by transferring subsection (g), as added by 

19 section 942(d) of the National Defense Authoriza20 tion Act for Fiscal Year 2008 (Public Law 110–181; 

21 122 Stat. 288), to the end of such section 118 and 

22 redesignating such subsection, as so transferred, as 

23 subsection (i); and 


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1 (2) by inserting after subsection (g), as added 

2 by section 951(a) of the National Defense Author3 ization Act for Fiscal Year 2008 (122 Stat. 290), 

4 the following new subsection: 

5 ‘‘(h) CONSIDERATION OF DEPARTMENT OF DEFENSE

6 ROLES AND RESPONSIBILITIES IN RESPONDING TO CATA7 STROPHIC INCIDENTS.—(1) The first national security 

8 strategy and national defense strategy prepared after the 

9 date of the enactment of this subsection shall include guid10 ance for military planners— 

11 ‘‘(A) to determine the appropriate roles and re12 sponsibilities of the Department of Defense, in co13 ordination with and in support of the Department of 

14 Homeland Security and other departments and 

15 agencies of the Federal Government with homeland 

16 security responsibilities and with State, local, and 

17 tribal governments, in responding to catastrophic in18 cidents; 

19 ‘‘(B) to update defense plans based on such de20 terminations, including working with the Depart21 ment of Homeland Security and other departments 

22 and agencies of the Federal Government with home23 land security responsibilities in responding to such 

24 incidents; and 


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1 ‘‘(C) to develop the capabilities needed to exe2 cute such plans. 

3 ‘‘(2) The first quadrennial defense review prepared 

4 after the date of the enactment of this subsection shall 

5 examine the capabilities of the armed forces to support 

6 civil authorities in responding to catastrophic incidents. 

7 ‘‘(3) In this subsection: 

8 ‘‘(A) The term ‘catastrophic incident’ has the 

9 meaning given that term in section 501(3) of the 

10 Homeland Security Act of 2002 (6 U.S.C. 311(3)). 

11 ‘‘(B) The term ‘national security strategy’ 

12 means the annual national security strategy report 

13 of the President under section 108 of the National 

14 Security Act of 1947 (50 U.S.C. 404a).’’. 

15 SEC. 5. RULE OF CONSTRUCTION. 

16 Nothing in this Act or the amendments made by this 

17 Act may be construed— 

18 (1) to modify the restrictions on the role of the 

19 Department of Defense in law enforcement oper20 ations within the United States; 

21 (2) to affect the authority of the Governor of a 

22 State to respond to a natural disaster, act of ter23 rorism, or other man-made disaster within the 

24 United States; or 


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1 (3) to affect the authority of the Governor of a 

2 State to exercise command and control over the Na3 tional Guard of that State while in State status or 

4 in title 32, United States Code, status. 

5 SEC. 6. DEFINITIONS. 

6 In this Act: 

7 (1) The term ‘‘catastrophic incident’’ has the 

8 meaning given that term in section 501(3) of the 

9 Homeland Security Act of 2002 (6 U.S.C. 311(3)). 

10 (2) The term ‘‘civil support operation’’ means a 

11 mission performed by the Department of Defense in 

12 support of other departments or agencies of the 

13 Federal Government, State or local governments, or 

14 governments of the Commonwealths or possessions 

15 of the United States in their efforts to prevent, pro16 tect against, prepare for, respond to, and recover 

17 from natural disasters, acts of terrorism, and other 

18 man-made disasters. 

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act and the amendments 

22 made by this Act. 

Æ 


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