Advisory Panel on Department of Defense After Certain Incidents


Advisory Panel on Department of Defense

Capabilities for Support of Civil Authorities

After Certain Incidents

K. Scott McMahon

24 November 2009

Commission on National Guard & Reserves


Gilmore Commission

Recommendations on DSCA


Commission on National Guard & Reserves

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


CNGR 2007 (1)

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


No formal P&B process for civil support only

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?


CNGR 2007 (2)

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)



CNGR 2007 (3)

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


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


CNGR 2008 (1)

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


Governors demand restraint on access to RC

RC can be mobilized for WMD or terrorist attack


CNGR 2008 (2)

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


Combatant commanders need flexibility to call on DoD-wide resources


Gilmore Commission

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


Gilmore Commission 2001 (1)

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,


Not clear that all units likely to be involved receive specific training


We are reviewing CONPLANs and OPLANs for associated unit types or specified units


Gilmore Commission 2002 (2)

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 &




Gilmore Commission 2002 (3)

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



Gilmore Commission 2002 (4)

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



Gilmore Commission 2002 (5)

SecDef direct that certain National Guard units be trained for and assigned homeland security missions as their exclusive missions

Status – Not implemented


GC wanted capability beyond CSTs