Pub. L. 110-181, div. A, tit. III, subtit. E, sec. 351
REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR DISASTERS.
SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR DISASTERS.(a) Annual Reports on Equipment.—Section 10541(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:“(9) An assessment of the extent to which the National Guard possesses the equipment required to perform the responsibilities of the National Guard pursuant to sections 331, 332, 333, 12304(b), and 12406 of this title in response to an emergency or major disaster (as such terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). Such assessment shall—“(A) identify any shortfall in equipment provided to the National Guard by the Department of Defense throughout the United States and the territories and possessions of the United States that is likely to affect the ability of the National Guard to perform such responsibilities;“(B) evaluate the effect of any such shortfall on the capacity of the National Guard to perform such responsibilities in response to an emergency or major disaster that occurs in the United States or a territory or possession of the United States; and“(C) identify the requirements and investment strategies for equipment provided to the National Guard by the Department of Defense that are necessary to plan for a reduction or elimination of any such shortfall.”.(b) Inclusion of Assessment of National Guard Readiness in Quarterly Personnel and Unit Readiness Report.—Section 482 of such title is amended—(1) in subsection (a), by striking “and (e)” and inserting “(e), and (f)”;(2) by redesignating subsection (f) as subsection (g); and(3) by inserting after subsection (e) the following new subsection (f):“(f) Readiness of National Guard to Perform Civil Support Missions.—(1) Each report shall also include an assessment of the readiness of the National Guard to perform tasks required to support the National Response Plan for support to civil authorities.“(2) Any information in an assessment under this subsection that is relevant to the National Guard of a particular State shall also be made available to the Governor of that State.“(3) The Secretary shall ensure that each State Governor has an opportunity to provide to the Secretary an independent evaluation of that State’s National Guard, which the Secretary shall include with each assessment submitted under this subsection.”.(c) Effective Date.—122 STAT. 71 (1) Annual report on national guard and reserve component equipment.—The amendment made by subsection (a) shall apply with respect to reports submitted after the date of the enactment of this Act.(2) Quarterly reports on personnel and unit readiness.—The amendment made by subsection (b) shall apply with respect to the quarterly report required under section 482 of title 10, United States Code, for the second quarter of fiscal year 2009 and each subsequent report required under that section.(d) Report on Implementation.—(1) In general.—As part of the budget justification materials submitted to Congress in support of the budget of the President for each of fiscal years 2009 and 2010 (as submitted under section 1105 of title 31, United States Code), the Secretary of Defense shall submit to the congressional defense committees a report on actions taken by the Secretary to implement the amendments made by this section.(2) Elements.—Each report required under paragraph (1) shall include a description of the mechanisms to be utilized by the Secretary for assessing the personnel, equipment, and training readiness of the National Guard, including the standards and measures that will be applied and mechanisms for sharing information on such matters with the Governors of the States.