National Guard June 2011 : Page 56

LAST WORD A Coast Guard Example mestic operational missions under the control of the state. Some could be categorized as homeland defense. Some INCE THE RELEASE of the U.S. Commission on Na-could be categorized as homeland security. And others tional Security/21st Century report in February 2001, could be categorized as either/or. there has been increasing pressure to use the National DoD has responsibility for the homeland defense mis-Guard more in a Title 32 (federally funded, but under state sion and DHS has responsibility for the federal homeland control) capacity during manmade or natural disasters. security mission. This emphasis resulted in statutory changes through the A statutory solution might lie in applying the same gen-National Guard Empowerment Act of 2007. eral concept for Title 32 Guard that is used for the Title 14 An important issue for the Guard is funding the new Coast Guard. The Coast Guard performs homeland security statutory requirements for the Guard’s nonfederalized activ-missions for DHS and homeland defense missions for DoD. ity, including both homeland defense, the province of the This proposal capitalizes on the fact that the Guard can Defense Department, and homeland security, the domain of perform homeland security missions on Title 32 or state the Department of Homeland Security. active duty status. It also performs homeland defense mis-Finding funding solutions that work sions in Title 32 status (DSCA). There is a dysfunction in in the DoD planning, programing, This corresponds in a somewhat budgeting and execution system are similar manner to the Coast Guard’s pursuing a “DoD only” relationship with DoD under Title 14, challenging since the system is focused solution for funding by statutory and regulatory authorities though that service always works for on fully federalized (Title 10) activities. federal authorities. the Guard’s Title 32 Here are two options to consider: Under a new Title 32, Chapter 9, domestic operations. 1. DoD approach: A definition DHS would be responsible for plan-could be established for Guard per-ning, budgeting and funding federal forming homeland security missions. A definition exists in NGCS. National Guard Regulation 500-1/ANGI 10-8101, called Any legislation should include a senior representative, National Guard Civil Support (NGCS): “Support provided civilian or military, along with staff assigned to DHS for by the National Guard of the several states while in State advising the secretary of Homeland Security on Guard Active Duty status or Title 32 duty status to civil authorities funding and assisting in the many DHS activities that affect for domestic emergencies, and for designated law enforce-NGCS such as the Quadrennial Homeland Security Review. ment and other activities.” This Guard staff would be part of NGB although as-With an official definition for the Guard’s nonfederalized signed and physically located with DHS. homeland security activities, DoD could fund a separate This arrangement would have the additional benefit of budget line for the Guard for NGCS activities. facilitating the interagency cooperation between DHS and But the critical issue is to identify the new statutory DoD that is essential for the homeland security mission. function for the National Guard Bureau identified in the Obviously, there are enormous legal and regulatory is-Empowerment Act, and give it a name and include it in sues to be worked out in a proposal like this. joint doctrine along with the Guard’s joint activity mission. The crux of the statutory changes would be implement-This could be combined with definitions of homeland ed primarily through memoranda of agreement between security operations and homeland defense operations. The DoD and DHS, much like the Coast Guard. Guard’s homeland defense operations would fall under the This solution would eliminate the problem of funding domain of Defense Support to Civil Authorities. homeland security activities under a department with a Additionally, by defining and isolating the Guard’s home-primary homeland defense purpose. land security activities, labeling them NGCS, and funding The nonfederalized Guard functions in both domains of them separately, DoD can relieve pressure on the Guard’s domestic operations, just as the Coast Guard functions in training budget, which is normally the first source of fund-both domains. ing under Title 32 for many domestic emergencies. This is a concept that is worthy of investigation. 2. DoD-DHS approach: Strategically, there is a dysfunc-The author is a former Fellow at SRA International who consulted tion in pursuing a “DoD only” solution for funding the at the National Guard Bureau on domestic operations for nearly 10 Guard’s Title 32 domestic operations. years. He is now retired. The nonfederalized Guard performs a variety of do-By Retired Lt. Gen. R. Minter Alexander S 56 | Na tional Guard

Last Word

Retired Lt. Gen. R. Minter Alexander

A Coast Guard Example<br /> <br /> SINCE THE RELEASE of the U.S. Commission on National Security/21st Century report in February 2001, there has been increasing pressure to use the National Guard more in a Title 32 (federally funded, but under state control) capacity during manmade or natural disasters.<br /> <br /> This emphasis resulted in statutory changes through the National Guard Empowerment Act of 2007.<br /> <br /> An important issue for the Guard is funding the new statutory requirements for the Guard's nonfederalized activity, including both homeland defense, the province of the Defense Department, and homeland security, the domain of the Department of Homeland Security.<br /> <br /> Finding funding solutions that work in the DoD planning, programing, budgeting and execution system are challenging since the system is focused by statutory and regulatory authorities on fully federalized (Title 10) activities.<br /> <br /> Here are two options to consider:<br /> <br /> 1. DoD approach: A definition could be established for Guard performing homeland security missions. A definition exists in National Guard Regulation 500-1/ANGI 10-8101, called National Guard Civil Support (NGCS): "Support provided by the National Guard of the several states while in State Active Duty status or Title 32 duty status to civil authorities for domestic emergencies, and for designated law enforcement and other activities."<br /> <br /> With an official definition for the Guard's nonfederalized homeland security activities, DoD could fund a separate budget line for the Guard for NGCS activities.<br /> <br /> But the critical issue is to identify the new statutory function for the National Guard Bureau identified in the Empowerment Act, and give it a name and include it in joint doctrine along with the Guard's joint activity mission.<br /> <br /> This could be combined with definitions of homeland security operations and homeland defense operations. The Guard's homeland defense operations would fall under the domain of Defense Support to Civil Authorities.<br /> <br /> Additionally, by defining and isolating the Guard's homeland security activities, labeling them NGCS, and funding them separately, DoD can relieve pressure on the Guard's training budget, which is normally the first source of funding under Title 32 for many domestic emergencies.<br /> <br /> 2. DoD-DHS approach: Strategically, there is a dysfunction in pursuing a "DoD only" solution for funding the Guard's Title 32 domestic operations.<br /> <br /> The nonfederalized Guard performs a variety of domestic operational missions under the control of the state. Some could be categorized as homeland defense. Some could be categorized as homeland security. And others could be categorized as either/or.<br /> <br /> DoD has responsibility for the homeland defense mission and DHS has responsibility for the federal homeland security mission.<br /> <br /> A statutory solution might lie in applying the same general concept for Title 32 Guard that is used for the Title 14 Coast Guard. The Coast Guard performs homeland security missions for DHS and homeland defense missions for DoD.<br /> <br /> This proposal capitalizes on the fact that the Guard can perform homeland security missions on Title 32 or state active duty status. It also performs homeland defense missions in Title 32 status (DSCA).<br /> <br /> This corresponds in a somewhat similar manner to the Coast Guard's relationship with DoD under Title 14, though that service always works for federal authorities.<br /> <br /> Under a new Title 32, Chapter 9, DHS would be responsible for planning, budgeting and funding federal NGCS.<br /> <br /> Any legislation should include a senior representative, civilian or military, along with staff assigned to DHS for advising the secretary of Homeland Security on Guard funding and assisting in the many DHS activities that affect NGCS such as the Quadrennial Homeland Security Review.<br /> <br /> This Guard staff would be part of NGB although assigned and physically located with DHS.<br /> <br /> This arrangement would have the additional benefit of facilitating the interagency cooperation between DHS and DoD that is essential for the homeland security mission.<br /> <br /> Obviously, there are enormous legal and regulatory issues to be worked out in a proposal like this.<br /> <br /> The crux of the statutory changes would be implemented primarily through memoranda of agreement between DoD and DHS, much like the Coast Guard.<br /> <br /> This solution would eliminate the problem of funding homeland security activities under a department with a primary homeland defense purpose.<br /> <br /> The nonfederalized Guard functions in both domains of domestic operations, just as the Coast Guard functions in both domains.<br /> <br /> This is a concept that is worthy of investigation.<br /> <br /> The author is a former Fellow at SRA International who consulted at the National Guard Bureau on domestic operations for nearly 10 years. He is now retired.<br /> <br /> There is a dysfunction in pursuing a "DoD only" solution for funding the Guard's Title 32 domestic operations. <br />

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