Pilot program on the Army National Guard as the homeland defense integrator for defeating explosive ordnance

(a) Pilot program authorized (1) In general The Secretary of the Army may conduct a pilot program to assess the feasibility and advisability of the development of a capability in support of Department of the Army missions within the National Guard through which the National Guard of a State remotely provides to the National Guard of other States (whether or not in the same Armed Force as the providing National Guard) explosive ordnance disposal capability through technical assistance in the planning, preparation, training, and response to accidents and incidents involving foreign and domestic explosive ordnance, as such term is defined in section 283(d) of title 10, United States Code. (2) Assessment prior to commencement For the purposes of the pilot program described in subsection (a), the Director of the Army National Guard shall, prior to commencing the pilot program, determine— (A) which of the service component commands of the Army best supports the responsible combatant commands that defend the homeland including the United States Strategic Command, the United States Space Command, and the United States Northern Command; (B) the command and support relationships of Army National Guard explosive ordnance disposal formations, and other military explosive ordnance disposal units, to the Army service component command identified pursuant to subparagraph (A); (C) the required increase in the number of members of the National Guard performing full-time National Guard duty in the Active Guard and Reserve Program that may support or execute such homeland defense activities performed by the National Guard under section 904 of title 32, United States Code; and (D) the crosswalk of designated Army National Guard explosive ordnance disposal units to that of the Department of Defense prioritized critical infrastructure listing with an emphasis on United States left of launch capability including missile production and storage facilities, missile launching equipment and positions, and command and control equipment generally recognized as lawful military objectives that may be targeted. (b) Elements The pilot program described in subsection (a) may include the following: (1) A secure net-worked capability, including joint worldwide intelligence communication system and secure internet protocol router networks, that enables the National Guard explosive ordnance disposal unit of a State to remotely provide command and control, intelligence, technical operations oversight, and explosives safety compliance without the need to deploy outside its home State. (2) The development of policies, processes, procedures, program element and management decision packages, and authorities for use of such a capability, including with respect to the following: (A) The roles and responsibilities of both requesting and deploying National Guards with respect to such explosive ordnance disposal capabilities as defined in section 2284(d)(2) of title 10, United States Code. (B) Program management and governance structures for deployment and maintenance of such a capability. (3) The conduct of at least three annual exercises known as Ravens Challenge exercises with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Army which shall include the following: (A) The participation of not fewer than the National Guards of two States. (B) Circumstances designed to test and validate the policies, processes, procedures, program elements, and management decision packages and authorities pursuant to paragraph (2). (c) Construction with certain current authorities (1) Command authorities Nothing in this section may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard participating in the pilot program. (2) Emergency management assistance compact Nothing in the section may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact, or any other State agreements, or as determinant of the future content of any such agreement. (d) Evaluation metrics The Director of the Army National Guard shall establish metrics to evaluate the effectiveness of the pilot program. (e) Term The pilot program under subsection (a) shall not terminate not later than five years (a future years defense program cycle) after the date of the commencement of the pilot program. (f) Reports (1) Initial report Not later than 180 days after the date of the commencement of the pilot program, the Secretary of the Army shall submit to the defense and intelligence committees of Congress an initial report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate. (2) Final report Not later than 180 days after the termination of the pilot program, the Secretary of the Army shall submit to the defense and intelligence committees of Congress a final report. The report shall include the following: (A) A description of the pilot program including any partnerships entered into under the pilot program. (B) A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (a)(2). (C) A summary of the evaluation metrics established in accordance with subsection (d). (D) An assessment of the effectiveness of the pilot program, and capability elements described in subsection (b). (E) A description of the costs associated with implementation and conduct of the pilot program. (F) A recommendation as to authorizing a permanent program modeled on the pilot program. (G) An estimate of the costs on making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F). (H) Such recommendations for legislative or administrative action as the Secretary of the Army considers appropriate in light of the pilot program. (g) State defined In this section, the term State means— (1) the several States; (2) the District of Columbia; (3) the Commonwealth of Puerto Rico; (4) American Samoa; (5) Guam; (6) the United States Virgin Islands; and (7) the Commonwealth of the Northern Mariana Islands.