CHARTER
ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES
FOR SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS
A. Official Designation: The Committee shall be known as the Advisory Panel on Department of
Defense Capabilities for Support of Civil Authorities After Certain Incidents (hereafter referred to
as the Panel).
B. Objectives and Scope of Activities: The Panel, under the provisions of section 1082 of Public Law
110-181 and the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended),
shall provide independent advice and recommendations to the Secretary of Defense, and to the
Committees on Armed Services of the Senate and the House of Representatives on the
capabilities of the Department of Defense to provide support to U.S. civil authorities in the event of
a chemical, biological, radiological, nuclear, or high-yield explosive incident.
The Panel shall:
1. Evaluate the authorities and capabilities of the Department of Defense to conduct operations
in support to U.S. civil authorities in the event of a chemical, biological, radiological, nuclear, or
high-yield explosive incident, including the authorities and capabilities of the Military
Departments, the Defense Agencies, the U.S. Combatant Commands, any supporting
commands, and the reserve components of the Armed Forces (including the national Guard in
a federal and non-federal status);
2. Assess the adequacy of existing plans and programs of the Department of Defense for training
and equipping dedicated, special, and general purposes forces for conducting operations
described in paragraph 1 across a broad spectrum of scenarios, including current National
Planning Scenarios as applicable;
3. Assess policies, directives, and plans of the Department of Defense in support of civilian
authorities in managing the consequences of a chemical, biological, radiological, nuclear, or
high-yield explosive incident;
4. Assess the adequacy of policies and structures of the Department of Defense for coordination
with other federal department and agencies, especially the Department of Homeland Security,
the Department of Energy, the Department of Justice, and the Department of Health and
Human Services, in the provision of support described in paragraph 1;
5. Assess the adequacy and currency of information available to the Department of Defense,
whether directly or through other federal departments and agencies, from State and local
governments in circumstances where the Department provides support described in paragraph
1 because State and local response capabilities are not fully adequate for comprehensive
response;
6. Assess the equipment capabilities and needs of the Department of Defense to provide support
described in paragraph 1;
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7. Assess and make recommendations on:
a. Whether there should be any additional Weapons of Mass Destruction Civil Support
Teams, beyond the 55 already authorized and, if so, how many additional Civil
support Teams, and where they should be located; and
b. What criteria and considerations are appropriate to determine whether additional Civil
Support Teams are needed and, if so, where they should be located.
The Panel, no later than 12 months after the date of the initial meeting of the Panel, shall
submit a report on its findings and recommendations to the Secretary of Defense and the
Committees on Armed Services of the Senate and the House of Representatives.
The report shall contain:
1. The findings, conclusions, and recommendations of the Panel for improving DoD
capabilities to provide support to U.S. civil authorities in the event of a chemical, biological,
radiological, nuclear, or high-yield explosive incident; and
2. Any other findings, conclusions, and recommendations for improving DoD capabilities for
homeland defense the Panel considers appropriate.
C. Panel Membership: The Panel, pursuant to section 1082(a) of Public Law 110-181, shall
be comprised of no more than 20 members who have expertise in the legal, operational,
and organizational aspects of the management of the consequences of a chemical,
biological, radiological, nuclear, or high-yield explosive incident.
Panel members appointed by the Secretary of Defense, who are not full-time or
permanent part-time employees of the federal government, shall be appointed as experts
and consultants under the authority of 5 U.S.C. § 3109 and, with the exception of travel
and per diem for official travel, they shall serve without compensation. These experts and
consultants shall be considered Special Government Employees, and their appointments,
regardless of their term of office, shall be renewed by the Secretary of Defense on an
annual basis.
The Panel membership shall select the Panel chairperson.
D. Panel Meetings: The Panel shall meet at the call of the Panel’s Designated Federal
Officer, in consultation with the chairperson, and the estimated number of Panel meetings
is six per year.
The Designated Federal Officer shall be a full-time or permanent part-time DoD employee, and
shall be appointed in accordance with established DoD policies and procedures. In addition, the
Designated Federal Officer shall attend all Panel and subcommittee meetings.
The Panel shall be authorized to establish subcommittees, as necessary and consistent with its
mission, and these subcommittees or working groups shall operate under the provisions of the
Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. §
552b, as amended), and other appropriate federal regulations.
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Such subcommittees or workgroups shall not work independently of the chartered Panel, and shall
report all their recommendations and advice to the Panel for full deliberation and discussion.
Subcommittees or workgroups have no authority to make decisions on behalf of the chartered
Panel nor can they report directly to the Department of Defense or any federal officers or
employees who are not Panel Members.
E. Duration and Termination of the Task Force: The Panel, unless extended by Congress,
shall terminate no later than 60 days after submission of the Panel’s Report to the
Secretary of Defense and the Committees on Armed Services of the Senate and the House of
Representatives.
F. Agency Support: The Department of Defense, through the Under Secretary of Defense (Policy)
and a Federal Funded Research and Development Center, shall provide support as deemed
necessary for the performance of the Panel’s functions, and shall ensure compliance with the
requirements of 5 U.S.C., Appendix, as amended.
G. Operating Costs: It is estimated that the annual operating costs, to include travel costs and
contract support, for this Panel is $4,500,000.00. The estimated annual personnel costs to the
Department of Defense are 2.1 full-time equivalents.
H. Recordkeeping: The records of the Panel and its subcommittees shall be handled according to
section 2, General Records Schedule 26 and appropriate DoD policies and procedures. These
records shall be available for public inspection and copying, subject to the Freedom of Information
Act of 1966 (5 U.S.C. § 552, as amended).
I. Charter Filed: November 14, 2008
J. Charter Modified: January 9, 2009
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