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Defense Support of Civil Authorities (DSCA) DEC 4, 2008

Discussion in 'Freedom and Liberty' started by hacon1, Dec 8, 2008.


  1. hacon1

    hacon1 Monkey+++

    Sorry about the length on this one but it needs to be seen by everyone.
    Clear violation of:

    Insurrection Act
    Posse Comitatus Act
    The Constitution of the United States of America :shock:

    4 December 2008

    [Federal Register: December 4, 2008 (Volume 73, Number 234)]
    [Proposed Rules]
    [Page 73896-73900]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr04de08-12]

    ================================================== ======================
    Proposed Rules
    Federal Register
    __________________________________________________ ______________________

    This section of the FEDERAL REGISTER contains notices to the public of
    the proposed issuance of rules and regulations. The purpose of these
    notices is to give interested persons an opportunity to participate in
    the rule making prior to the adoption of the final rules.

    ================================================== ======================



    [[Page 73896]]



    DEPARTMENT OF DEFENSE

    Office of the Secretary

    [DoD-2008-OS-0085; RIN 0790-AI34]

    32 CFR Part 185


    Defense Support of Civil Authorities (DSCA)

    AGENCY: Department of Defense.

    ACTION: Proposed rule.

    -----------------------------------------------------------------------

    SUMMARY: This proposed rule establishes policy and assigns
    responsibilities for DSCA, supplements regulations regarding military
    support for civilian law enforcement, and sets forth policy guidance
    for the execution and oversight of DSCA when requested by civil
    authorities and approved by the appropriate DoD authority, or as
    directed by the President, within the United States, including the
    District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
    Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
    Islands, and any territory or possession of the United States or any
    political subdivision thereof. Legislative changes over the years have
    made the existing guidance outdated and inconsistent with current law
    and the current organizational structure of the Department of Defense.
    This proposed rule will allow civil authorities access to the correct
    procedures when they are seeking assistance from the Department by
    establishing updated policy guidance and assigning the correct
    responsibilities within the Department for the Defense for support of
    civil authorities in response to requests for assistance for domestic
    emergencies, designated law enforcement support, special events, and
    other domestic activities. Interested persons are invited to submit
    comments on this proposed rule that will be considered prior to
    promulgation of the final rule.

    DATES: Comments must be received by February 2, 2009.

    ADDRESSES: You may submit comments, identified by docket number and or
    RIN number and title, by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments.
    Mail: Federal Docket Management System Office, 1160
    Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name
    and docket number or Regulatory Information Number (RIN) for this
    Federal Register document. The general policy for comments and other
    submissions from members of the public is to make these submissions
    available for public viewing on the Internet at http://
    www.regulations.gov as they are received without change, including any
    personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT: Mr. Richard Chavez, 703-697-5415.

    SUPPLEMENTARY INFORMATION:

    Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that 32 CFR part 185 does not:
    (1) Have an annual effect on the economy of $100 million or more or
    adversely affect in a material way the economy; a section of the
    economy; productivity; competition; jobs; the environment; public
    health or safety; or State, local, or tribal governments or
    communities;
    (2) Create a serious inconsistency or otherwise interfere with an
    action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
    user fees, or loan programs, or the rights and obligations of
    recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal
    mandates, the President's priorities, or the principles set forth in
    this Executive Order.

    Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 185 does not contain a
    Federal mandate that may result in the expenditure by State, local and
    tribal governments, in aggregate, or by the private sector, of $100
    million or more in any 1 year.

    Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 185 is not subject to the
    Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
    promulgated, have a significant economic impact on a substantial number
    of small entities. This rule establishes policy and assigns
    responsibilities within DoD for DSCA, supplements regulations regarding
    military support for civilian law enforcement, and sets forth policy
    guidance for the execution and oversight of DSCA when requested by
    civil authorities and approved by the appropriate DoD authority, or as
    directed by the President. Therefore, it is not expected that small
    entities will be affected because there will be no economically
    significant regulatory requirements placed upon them.

    Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 185 does not impose
    reporting or recordkeeping requirements under the Paperwork Reduction
    Act of 1995.

    Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 185 does not have federalism
    implications, as set forth in Executive Order 13132. This rule does not
    have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the
    States; or
    (3) The distribution of power and responsibilities among the
    various levels of Government.

    List of Subjects in 32 CFR Part 185

    Armed forces, Civil defense.

    Accordingly, the Department of Defense proposes to revise 32 CFR
    part 185 to read as follows:

    PART 185--DEFENSE SUPPORT OF CIVIL AUTHORITIES (DSCA)

    Sec.
    185.1 Purpose.
    185.2 Applicability and scope.
    185.3 Definitions.
    185.4 Policy.
    185.5 Responsibilities.

    Authority: 50 U.S.C. 2251, as amended; E.O. 12148, 3 CFR 1979
    Comp. p. 412.


    Sec. 185.1 Purpose.

    This part:

    [[Page 73897]]

    (a) Establishes policy and assigns responsibilities for Defense
    Support of Civil Authorities (DSCA) which is also referred to as civil
    support.
    (b) Supplements the regulations required by section 375 of title
    10, United States Code (U.S.C.), regarding military support for
    civilian law enforcement.
    (c) Sets forth policy guidance for the execution and oversight of
    DSCA when requested by civil authorities and approved by the
    appropriate DoD authority, or as directed by the President, within the
    United States, including the District of Columbia, the Commonwealth of
    Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
    Commonwealth of the Northern Mariana Islands, and any territory or
    possession of the United States or any political subdivision thereof.


    Sec. 185.2 Applicability and scope.

    This part:
    (a) Applies to the Office of the Secretary of Defense, the Military
    Departments, the Office of the Chairman of the Joint Chiefs of Staff,
    the Joint Staff, the Combatant Commands, the Office of the Inspector
    General of the Department of Defense, the Defense Agencies, the DoD
    Field Activities, and all other organizational entities within the
    Department of Defense (hereafter referred to collectively as the ``DoD
    Components'').
    (b) Applies to the Army National Guard (ARNG) and the Air National
    Guard (ANG) in title 32 status.
    (c) Applies to all DSCA (except the specific forms of DSCA listed
    in paragraph (d) of this section), including:
    (1) Military community affairs programs or innovative readiness
    training (formerly called ``civil-military cooperative action
    programs'') (see DoD Directive 1100.20).\1\
    ---------------------------------------------------------------------------

    \1\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/html/110020.htm.
    ---------------------------------------------------------------------------

    (2) Mutual or automatic aid (see chapter 15A of title 42 U.S.C.).
    (3) DoD fire and emergency services programs (see DoD Instruction
    6055.06).\2\
    ---------------------------------------------------------------------------

    \2\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/html/605506.htm.
    ---------------------------------------------------------------------------

    (4) United States Army Corps of Engineers (USACE) activities as the
    Department of Defense Coordinating and Primary Agency for the National
    Response Framework, Emergency Support Function 3, Public Works
    and Engineering.
    (5) Activities performed by the Civil Air Patrol in support of
    civil authorities when approved by the Air Force as auxiliary missions.
    (6) Support provided by the National Guard, in a federally funded
    title 32 status to local, State, tribal, and/or Federal civil agencies
    when employed by a Governor, or provided under Emergency Management
    Assistance Compacts when that support involves use of personnel
    operating under the provisions of title 32 U.S.C.
    (7) Special Events in accordance with DoD Directive 2000.15 \3\
    and/or applicable law.
    ---------------------------------------------------------------------------

    \3\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/html/200015.htm.
    ---------------------------------------------------------------------------

    (d) Does not apply to the following activities conducted in support
    of civil authorities:
    (1) Support in response to foreign disasters provided in accordance
    with DoD Directive 5100.46.\4\
    ---------------------------------------------------------------------------

    \4\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/html/510046.htm.
    ---------------------------------------------------------------------------

    (2) Joint investigations conducted by the Inspector General of the
    Department of Defense, the Defense Criminal Investigative Service, and
    the military criminal investigative organizations with civil law
    enforcement agencies on matters within their respective jurisdictions
    using their own forces and equipment.
    (3) Detail of DoD personnel to duty outside the Department of
    Defense in accordance with DoD Instruction 1000.17.\5\
    ---------------------------------------------------------------------------

    \5\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/100017p.pdf.
    ---------------------------------------------------------------------------

    (4) Support provided by State Defense Forces and National Guard
    activities not covered by paragraph (c)(6) of this section.
    (5) Counternarcotics operations.
    (6) Support provided by the United States Army Corps of Engineers
    when accomplishing missions and responsibilities under Pub. L. 84-99,
    as amended.
    (7) Intelligence assistance provided by DoD intelligence and
    counterintelligence components (see DoD Directive 5240.01,\6\ Executive
    Orders 12333 and 13388, DoD 5240.1-R,\7\ and other applicable laws and
    regulations).
    ---------------------------------------------------------------------------

    \6\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/524001p.pdf.
    \7\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/524001r.pdf.
    ---------------------------------------------------------------------------

    ( Military community relations programs and activities
    administered by the Assistant Secretary of Defense for Public Affairs
    (see DoD Directive 5410.18 \8\ and DoD Instruction 5410.19 \9\).
    ---------------------------------------------------------------------------

    \8\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/541018p.pdf.
    \9\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/541019p.pdf.
    ---------------------------------------------------------------------------

    (9) Sensitive support in accordance with DoD Directive S-
    5210.36.\10\
    ---------------------------------------------------------------------------

    \10\ Document is classified and copies maybe requested by
    contacting USD(I), USDI.pubs@osd.mil.
    ---------------------------------------------------------------------------


    Sec. 185.3 Definitions.

    Civil Authorities. See Joint Publication 1-02.\11\
    ---------------------------------------------------------------------------

    \11\ Available by downloading at http://www.dtic.mil/doctrine/
    jel/new_pubs/jp1_02.pdf.
    ---------------------------------------------------------------------------

    Civil Disturbances. See Joint Publication 1-02.
    Civil Support. See Joint Publication 1-02. Also known as Defense
    Support of Civil Authorities (DSCA).
    Defense Domestic Crisis Manager. The DoD official responsible for
    overseeing, advising, and making recommendations to the Secretary of
    Defense on the use of resources and DoD personnel needed to prevent or
    respond to a potential or actual domestic crisis. The Assistant
    Secretary of Defense for Homeland Defense and Americas' Security
    Affairs (ASD(HD&ASA)) serves as the Defense Domestic Crisis Manager.
    Defense Support of Civil Authorities (DSCA). Support provided by
    U.S. Federal military forces, National Guard forces performing duty
    under title 32, U.S.C., DoD civilians, DoD contract personnel, and DoD
    component assets, in response to requests for assistance from civil
    authorities for special events, domestic emergencies, designated law
    enforcement support, and other domestic activities. Support provided by
    National Guard forces performing duty under title 32, U.S.C., is
    considered DSCA but is conducted as a State-directed action. Also known
    as Civil Support (CS).
    Imminently Serious Conditions. Emergency conditions in which, in
    the judgment of a military commander or responsible DoD civilian
    official, immediate and possibly serious danger threatens the public
    and prompt action is needed to save lives, to safeguard public health
    or safety, or to prevent or mitigate great property or environmental
    damage. Under these conditions, timely prior authority from higher
    headquarters to provide DSCA may not be possible before action is
    necessary for effective response.
    Responsible DoD Civilian. For purposes of DSCA, the head of a DoD
    Component (or designee) or other DoD civilian official or National
    Guard Federal technician who have authority

    [[Page 73898]]

    over DoD assets that may be used for a DSCA response.
    Special Event. An international or domestic event, contest,
    activity, or meeting, which by its very nature, or by specific
    statutory or regulatory authority, may require security, safety, and/or
    other logistical support or assistance fro the Department of Defense.


    Sec. 185.4 Policy.

    It is DoD policy that:
    (a) This part shall be implemented consistent with national
    security objectives and military readiness.
    (b) Unless expressly stated otherwise, the provisions of this part
    should not be construed to rescind any existing authorities of the
    Heads of DoD Components, commanders, and/or responsible DoD civilians
    to provide DSCA in accordance with existing laws, Department of Defense
    issuances, and Secretary of Defense approved orders.
    (c) DSCA is initiated by a request for DoD assistance from a
    civilian agency or is ordered by the President or Secretary of Defense.
    (d) All requests for DSCA shall be written and include a commitment
    to reimburse the Department of Defense. Waivers or exceptions to
    reimbursement must be consistent with the law and/or DoD policies. For
    assistance provided under paragraph (g) of this section, civil
    authorities shall be informed that oral requests for assistance in an
    emergency must be followed by a written request at the earliest
    available opportunity.
    (e) All requests for assistance from civil authorities shall be
    evaluated for legality, lethality, risk, cost (including the source of
    funding and the effect on the DoD budget), appropriateness, and effect
    on readiness.
    (f) DSCA plans shall be compatible with the National Response
    Framework; the National Incident Management System; all contingency
    plans for operations in the locations listed in Sec. 185.1(c) of this
    part; and any other national plans (approved by the President or
    Secretary of Defense) or DoD issuances governing DSCA operations.
    (g) Commanders, (including National Guard Commanders), heads of DoD
    Components and/or responsible DoD civilian officials may provide
    Immediate Response to a request for assistance from a civilian
    authority, under imminently serious conditions. This Immediate Response
    Authority is exercised when time does not permit approval from higher
    headquarters. Responsible DoD civilian officials may employ the
    resources under their control, subject to any supplemental direction
    provided by higher headquarters, and provide those resources to save
    lives, to safeguard public health or safety, or to prevent or mitigate
    great property or environmental damage.
    (1) The DoD official directing a response under Immediate Response
    Authority shall immediately notify the National Military Command Center
    (NMCC), through the chain of command, of the details of the response.
    National Guard officials shall inform the NMCC through the National
    Guard Bureau. The NMCC will inform appropriate DoD components.
    (2) Immediate Response Authority ends when the necessity giving
    rise to the response is no longer present (e.g., when there are
    sufficient resources available from State, local, and other Federal
    agencies to respond adequately), when the initiating DoD or National
    Guard official or a higher authority directs an end to the response, or
    when an appropriate authority approves a request from another Federal
    department or agency based on other authorities. The DoD or National
    Guard official directing a response under Immediate Response Authority
    shall reassess whether there remains a necessity for DoD to respond
    under this authority as soon as practicable but, if immediate response
    activities have not yet ended, not later than 72 hours after resources
    have been employed.
    (3) Support provided under Immediate Response Authority should be
    provided on a cost-reimbursable basis where appropriate or legally
    required but will not be delayed or denied based on the inability or
    unwillingness of the requester to make a commitment to reimburse the
    Department of Defense.
    (h) Federal military forces shall not be used to quell civil
    disturbances or perform civilian law enforcement functions (e.g.,
    search, seizure, arrest, and surveillance) unless specifically
    authorized by the President or the Secretary of Defense in accordance
    with applicable law (e.g., chapter 15 of title 10, U.S.C.).
    (i) Only the Secretary of Defense, or a designated representative,
    may approve requests from civil authorities for defense assistance
    during civil disturbances; defense response to chemical, biological,
    radiological, nuclear, and/or high yield explosive events; defense
    assets when there is a potential for lethality (unless otherwise
    authorized in law or DoD policy); and potentially lethal support of
    civilian law enforcement agencies. Lethal support includes: loans of
    arms; vessels, or aircraft; or ammunition. It also includes: all
    requests for assistance under section 382 of title 10 and section 831
    of title 18, U.S.C.; all support to counterterrorism operations; and
    all support to law enforcement when there is a potential for
    confrontation between law enforcement and specifically identified
    civilian individuals or groups.
    (j) Only the Secretary of Defense, or a designated representative,
    may authorize DoD Components to procure and maintain supplies,
    materiel, and/or equipment exclusively for providing DSCA.
    (k) Programming and budgeting for DSCA shall be in accordance with
    existing laws, Department of Defense issuances, and Secretary of
    Defense authorization.
    (l) Federal military forces employed for DSCA activities shall
    remain under Federal military command and control at all times.
    (m) Special event support to non-governmental organizations is a
    DSCA activity.


    Sec. 185.5 Responsibilities.

    (a) The Under Secretary of Defense for Policy (USD(P)) shall
    facilitate the coordination of DoD policy governing DSCA with Federal
    Departments and Agencies, State agencies, and the DoD Components, as
    required.
    (b) The Assistant Secretary of Defense for Homeland Defense and
    Americas' Security Affairs (ASD(HD&ASA)), under the authority,
    direction, and control of the USD(P) exercising policy oversight of
    homeland defense activities of the Department of Defense and performing
    other duties as directed by the Secretary of Defense shall:
    (1) Serve as the principal civilian advisor to the Secretary of
    Defense and the USD(P) on DSCA.
    (2) Serve as the Defense Domestic Crisis Manager in accordance with
    DoD Directive 3020.44.\12\
    ---------------------------------------------------------------------------

    \12\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/302044p.pdf.
    ---------------------------------------------------------------------------

    (3) Serve as approval authority for requests for assistance from
    civil authorities sent to the Secretary of Defense, except for those
    items retained in section 185.4(h) and (i) of this part, or delegated
    to other officials. Such matters shall be coordinated with the Chairman
    of the Joint Chiefs of Staff. In the absence of the ASD(HD&ASA), the
    Principal Deputy Assistant Secretary of Defense for Homeland Defense
    and Americas' Security Affairs may exercise the authority of the
    ASD(HD&ASA) to approve such requests. This authority may not be further
    delegated. The

    [[Page 73899]]

    Secretary of Defense shall be notified immediately of the use of this
    authority.
    (4) Develop, coordinate, and oversee the implementation of DoD
    policy for DSCA and shall:
    (i) Through the Chairman of the Joint Chiefs of Staff as it
    pertains to DSCA matters, monitor the activation, deployment, and
    employment of Federal military forces (including Reserve Component
    forces), the National Guard, DoD civilian personnel, and all
    facilities, equipment, fiscal accounts, supplies, and services owned
    by, controlled by, or under the jurisdiction of a DoD Component in
    response to requests for DSCA and for Department of Defense support to
    special events; and provide oversight of DSCA training, exercises, and
    resources.
    (ii) In coordination with the General Counsel of the Department of
    Defense, develop policies and procedures for DSCA support to civil law
    enforcement authorities; coordinate long-range policies and procedures
    that govern the provision of non-emergency support to civilian law
    enforcement agencies; promote Department of Defense cooperation with
    public safety agencies; and ensure that assistance is in compliance
    with applicable law, Presidential Directives, Executive orders, and
    Department of Defense policy.
    (iii) Ensure that information relating to all aspects of DSCA
    receives the broadest possible dissemination utilizing all approved
    media as appropriate and in accordance with Department of Defense
    Directive 8320.02.\13\
    ---------------------------------------------------------------------------

    \13\ Available by downloading at http://www.dtic.mil/whs/
    directives/corres/pdf/832002p.pdf.
    ---------------------------------------------------------------------------

    (c) The Assistant Secretary of Defense for Special Operations and
    Low Intensity Conflict and Interdependent Capabilities, under the
    authority, direction, and control of the USD(P), shall support planning
    by the Defense Domestic Crisis Manager during DSCA operations, as
    required.
    (d) The Under Secretary of Defense (Comptroller)/Chief Financial
    Officer shall establish policies and procedures to ensure timely
    reimbursement to the Department of Defense for reimbursable DSCA
    activities.
    (e) The Under Secretary of Defense for Personnel and Readiness
    (USD(P&R)) shall:
    (1) Assist the ASD(HD&ASA) by providing recommendations, guidance,
    and support for all domestic crisis situations or emergencies that may
    require health or medical-related DSCA, including situations involving
    coordination with the components of the National Disaster Medical
    System.
    (2) Assist the ASD(HD&ASA) by providing recommendations, guidance,
    and support on the use of the Reserve Components to perform DSCA
    missions.
    (3) Identify, monitor, and oversee the development of integrated
    DSCA training capabilities and the integration of these training
    capabilities into exercises and training to build and sustain DSCA
    readiness.
    (f) The Assistant Secretary of Defense for Reserve Affairs, under
    the authority, direction, and control of USD(P&R), shall assist the
    ASD(HD&ASA) by providing recommendations, guidance, and support on the
    use of the Reserve Components to perform DSCA missions.
    (g) The Secretaries of the Military Departments shall:
    (1) Support DSCA operations as directed and in accordance with this
    Directive, and shall ensure the readiness of the Military Departments
    to execute plans for DSCA.
    (2) Ensure compliance with financial management guidance related to
    support provided for DSCA operations, including guidance related to
    tracking costs and seeking reimbursement.
    (h) The Chairman of the Joint Chiefs of Staff shall:
    (1) Advise the Secretary of Defense on the effects of requests for
    DSCA on national security and military readiness.
    (2) Identify and coordinate available resources for DSCA requests
    and release related execute and deployment orders when approved by the
    Secretary of Defense.
    (3) Incorporate DSCA into joint training and exercise programs in
    consultation with the Department of Homeland Security, other
    appropriate Federal Departments and Agencies, and the National Guard
    Bureau.
    (i) The Commanders of Combatant Commands with DSCA responsibilities
    in accordance with the Unified Command Plan shall:
    (1) Through the Chairman of the Joint Chiefs of Staff, plan and
    execute DSCA operations in their areas of responsibility in accordance
    with this Directive, and in accordance with their authorities assigned
    by the Unified Command Plan and the Forces for Unified Commands
    Memorandum.
    (2) Incorporate DSCA into joint training and exercise programs in
    consultation with the Department of Homeland Security, other
    appropriate Federal Departments and Agencies, and the National Guard
    Bureau.
    (3) Advocate for validated DSCA requests for domestic operations
    through the Joint Requirements Oversight Council, subject to section
    185.4(j) and (k) of this part, and the Planning, Programming,
    Budgeting, and Execution (PPBE) process.
    (4) Provide the Secretary of Defense an implementation plan for
    ensuring DSCA support is emphasized in command assessments.
    (j) The Chief, National Guard Bureau, under the authority,
    direction, and control of the Secretary of Defense through the
    Secretaries of the Army and the Air, shall:
    (1) Serve as the channel of communication on all matters pertaining
    to National Guard DSCA activities between the Secretary of Defense and
    the Heads of the DoD Components (including the Secretary of the Army
    and the Secretary of the Air Force) and the States. Direct liaison
    between both entities should occur only in an emergency when time does
    not permit compliance with this Directive. In each such instance, the
    Chief, NGB, should be informed of the communication.
    (2) Annually assess the readiness of the National Guard of the
    States to conduct DSCA activities and report on this assessment to the
    Secretary of Defense, the Secretaries of the Army and the Air Force,
    the USD(P&R), the ASD(HD&ASA), the ASD(RA), the Chairman of the Joint
    Chiefs of Staff, and appropriate Combatant Commanders.
    (3) Participate in the Joint Staff capability-based planning and
    assessments, the Joint Capabilities Integration and Development System,
    and the DoD PPBE assessment for all actions pertaining to National
    Guard capabilities required for DSCA.
    (4) Facilitate and deconflict the planning and use of National
    Guard forces among the States to ensure that adequate and balanced
    forces are available and responsive for DSCA missions, consistent with
    national security objectives and priorities.
    (k) The Heads of the DoD Components, in addition to the
    responsibilities in paragraphs (g), (h), (i), and (j) of this section,
    as applicable, shall:
    (1) Ensure that any DSCA-related Department of Defense issuances,
    concept plans, interagency agreements, and memorandums of understanding
    or agreement with external agencies are in full compliance with this
    Directive.
    (2) Ensure compliance with financial management guidance related to
    support provided for DSCA operations, including guidance related to
    tracking costs and seeking reimbursement.


    [[Page 73900]]


    Dated: November 26, 2008.
    Patricia L. Toppings,
    OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. E8-28706 Filed 12-3-08; 8:45 am]

    BILLING CODE 5001-06-P
     
  2. sniper-66

    sniper-66 Monkey+++ Moderator Emeritus Founding Member

    This has been around for over 20 years and is nothing new. How do you think the Guard supports the state during emergencies?
     
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