LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE MANAGEMENT RESPONSE FORCES.

SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE MANAGEMENT RESPONSE FORCES.(a) Limitation.—The Secretary of Defense shall ensure that no Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Consequence Management Response Force established as of October 1, 2009, is deactivated or disestablished until the Secretary provides a certification described in subsection (b).(b) Certification.—The certification described in this subsection is a written certification to the congressional defense committees that there exists within the United States Armed Forces an alternative chemical, biological, radiological, nuclear, or high-yield explosive consequence management response capability that is at least as capable as two Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Consequence Management Response Forces.(c) Report Required.—(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on plans of the Department of Defense to establish Homeland Response Forces for domestic emergency response to incidents involving weapons of mass destruction.(2) Elements of report.—The report required by this subsection shall include the following:(A) A detailed description of the analysis that led to the decision to establish Homeland Response Forces described in paragraph (1), including—(i) whether consideration was given to establishing Homeland Response Forces within the Reserves; and(ii) the reasons for not planning to establish any Homeland Response Forces within the Reserves.(B) A detailed description of the plans to establish Homeland Response Forces, including—(i) the cost and schedule to establish, equip, maintain, and operate the proposed Homeland Response Forces;(ii) guidelines for the employment of Homeland Response Forces; and(iii) the portion of the costs of Homeland Response Forces that will be borne by the States.124 STAT. 4356(C) A detailed description of the proposed number and composition of Homeland Response Forces, including—(i) the number and type of units in each Homeland Response Force; and(ii) the number of personnel in each Homeland Response Force.(D) A comparative assessment of the emergency response capabilities of a Homeland Response Force with the capabilities of a Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Consequence Management Response Force, including—(i) a comparison of the equipment proposed for each type of force;(ii) a comparison of the proposed means of transportation for each type of force;(iii) an estimate of the time it would take each type of force to deploy to an incident site; and(iv) an estimate of the operational duration of each type of force at such a site.(E) A description of the command and control arrangements proposed for the Homeland Response Forces, including a description of the degree to which the Homeland Response Forces would be subject to the direction and control of the Department of Defense, as compared to the Governor of the State in which they are located.(F) The results of the United States Northern Command study of the possible concepts of operations and of the implementation of the Homeland Response Force plan in such a manner as to provide adequate capability to provide Federal defense support to civil authorities during domestic incidents involving weapons of mass destruction.(G) Any other matters the Secretary considers appropriate.(3) Form of report.—The report required by this subsection shall be in unclassified form, but may include a classified annex.