K. Scott McMahon
24 November 2009
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• Established by Congress NDAA FY05
• Arnold L. Punaro, Chairman
• Recommend changes in law and policy to ensure
NG&R are organized, trained, equipped, compensated, and supported to best meet U.S. national security requirements
• Reports issued March 2007 & January 2008
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• DoD should program and budget (P&B) for civil support
• Status – Open
– SecDef reviewing civil support P&B policy
– DoD does P&B for capabilities required by law (e.g.,
CSTs) or policy (e.g., NG CERFPs)
– NDAA08 directs DoD/DHS to ID and DoD to fund
“military unique” capabilities for incident response
• Discussion
– No formal P&B process for civil support only
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• DSCA is not DoD’s primary mission
State & Fed civil support needs not defined
– Current P&B process for civil adequate?
– DoD explicitly P&B for civil support?
– Should State requirements inform DoD civil support P&B?
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• DHS and DoD (incl. NGB) exchange representatives to improve awareness, planning, training, exercising, requirements generation
• Status – Open
– 2004 DoD-DHS MOA under review & revision
– ~150 DoD (Active, Guard, Reserve, civilian) detailed to DHS currently
– Zero DHS at DoD (says OASD/HD)
• Discussion
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• DoD develop protocols to allow governors to direct (e.g., via dual-status, OPCON or TACON) the efforts of Federal military assets responding to an emergency
• Status – Open
– Jan’09 SecDef authorizes “direct liaison” coordinating relationship and study of “dual-status” command
– DIRLAUTH permits T10 forces to coordinate with and respond to State authorities (incl. NG) for unity of effort
• Discussion
– CNGR finds incorrectly that 3 USC Sec 301 authorizes
State control of Federal military
– DoD has authorized dual-status for preplanned events with limited T10 presence
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• Authorize involuntary mobilization of Federal RC during or in response to imminent natural or manmade disasters
• Status – Open
– 10 USC Sec 12304 amendment proposed by
DoD but not adopted
• Discussion
– Governors demand restraint on access to RC
– RC can be mobilized for WMD or terrorist attack
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• Congress mandate that NG and Reserves have the lead role in and form the backbone of DoD operations in the homeland
• Status – Open
– DoD evaluating AC & RC roles and missions
• Discussion
– Combatant commanders need flexibility to call on DoD-wide resources
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• Advisory Panel to Assess Domestic Response
Capabilities for Terrorism
• Established by Congress NDAA FY99
• Gov. James S. Gilmore, Chairman
• Conducted in-depth threat assessment
• Offered programmatic and functional recommendations for national strategy for combating terrorism
• Issued five reports 1999 to 2003
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• Military departments institute specific training in military units most likely to be involved in civil support
• Status – Partially implemented
– CBRNE units trained for DSCA (CCMRF, CBIRF,
CST, CERFP)
– Not clear that all units likely to be involved receive specific training
• Discussion
– We are reviewing CONPLANs and OPLANs for associated unit types or specified units
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• NORTHCOM have operational control of all Federal military forces engaged in missions within the
Command’s area of responsibility for support to civil authorities
• Status – Substantially implemented
– NORTHCOM typically supported commander
– Supporting commanders will likely still control forces under their purview (e.g., TRANSCOM &
SOCOM)
• Discussion
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• Commander NORTHCOM have dedicated rapid reaction units with a wide range of response capabilities for
DSCA in the event of a terrorist attack
• Status – Partially implemented
– CCMRF allocated but doesn’t have full range of recommended capabilities
– GC offered capability examples: quarantine support, support to crowd control activities, CBRNE detection and decontamination, emergency medical response, engineering, communications, support to law enforcement
• Discussion
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• SecDef collaborate with State Governors to develop agreed lists of National Guard civil support activities for which the DoD will provide funds
• Status – Partially implemented
– Agreed lists for civil support not developed
– T32 Sec. 901-908 authorize DoD to fund certain
National Guard HD activities
• Discussion
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• SecDef direct that certain National Guard units be trained for and assigned homeland security missions as their exclusive missions
• Status – Not implemented
• Discussion
– GC wanted capability beyond CSTs
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