**[Comments pertaining to 32 CFR Part 185, Defense Support of Civil
Authorities (DSCA), Proposed Rules]{.underline}**

**Docket ID:**
[DOD-2008-OS-0085](http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=DOD-2008-OS-0085)        
**Document ID:**
[DOD-2008-OS-0085-0001](http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=09000064807cc7f0)

1\. I support the updating of 32 CFR Part 185 - Armed Forces, Civil
Defense to meet and support the needs of the Nation in the 21^st^
Century. The Department of Defense (DOD) has historically been called
upon by civil authorities to provide military support or assistance to
civil authorities during various types of man-made or natural disasters,
support for special events such as the Olympics, civil disobedience such
as the LA Riots, and support to law enforcement agencies. All provided
within the Constitution, or other laws, statutes, or National policy and
never a threat to citizen's rights or freedoms. The past methodology of
providing that support has not changed per the Stafford and Economy
Acts; however, the threats to our Nation have changed drastically and
subsequently after 9/11/2001, a new Federal Department of Homeland
Security and a new US Northern Command were established. The new threats
demand appropriate planning and preparedness by the Federal and State
Governments.

I, like many others, always have a concern about the role of the DOD
within the United States and how it operates in accordance with our
Constitution. In reading and analyzing the proposed rules I see a
concerted effort by DOD to carefully stay within the boundaries of our
Constitution; and yet, proactively pave the way ahead to ensure the DOD
continues to provide military support or assistance as it always has to
civil authorities and meet or exceed the expectations of American
citizens. I see, consistently throughout the CFR, that everything is
based upon a request from civil authorities. Research indicates to me
that civil authorities consist of a law enforcement official, incident
commander, city mayor, councilman, parish official, Governor, State
Legislature, or other elected officials.

My perception is that some citizens have a concern about DOD enforcing
the laws of the Nation or "taking over". The references contained herein
address the prohibitions of DOD doing either. One of the great things
about our Constitution is that every man and woman who joins the service
swears to protect and defend the Constitution of the U.S. and I firmly
believe that they would not allow our Constitution to be violated. That
should be a comfort to all citizens. They train to protect and defend
our Nation and fight its wars. They are also ready to further serve the
Nation by being available to its civil authorities during man-made or
natural disasters and do so within the parameters of the Constitution.
They want to be ready to help our citizens when needed. I see no
conspiracy theory or hidden agenda contained within this document.

My assessment of the new title of "Defense Support of Civil Authorities"
is that it correctly states and projects what DOD is doing. I also
believe the compliance policy tying DOD in with Homeland Security
Presidential Directive 5 (Management of Domestic Incidents), the
National Response Framework, and the National Incident Management System
is appropriate. This is another way of ensuring that civil authorities
are in charge and control of all DOD support actions in the United
States and further ensures the proper protection of citizen rights and
freedoms.

I further support the development and expansion of the inclusion of the
National Guard while remaining under the direction of the Governor
within the new definition of DSCA.

I reviewed many of the identified references and definitions contained
within the proposed rules (32 CFR Part 185 -- DSCA) and I assess that
many are not compatible with language used in the referenced civilian
documents. I believe that many citizens, who take the time to read the
references, would and should have a concern of DOD's intent based upon
the military type language and doctrine used. Many citizens do not
understand, nor should they understand, the military terms and doctrine.
I suggest that it is incumbent upon DOD to resolve the misunderstandings
of language used in military regulations, policy, guidance, and plans
applicable to DSCA that would reassure citizens about what DOD is doing
by using civilian terms compatible with the civilian documents. I hope
you can see the value of this statement as this is not about DOD, it is
about what is best for the Nation.

In the paragraphs below, I have provided my thoughts, rationale, and
recommendations concerning the content of 32 CFR, Part 185 -- DSCA,
Proposed Rules.

2\. Summary:

**As reads**: 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.

**Recommend change to read**: 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
[Defense Support of Civil Authorities (DSCA)]{.mark} in response to
requests for assistance for domestic emergencies [and disasters as
declared by the President or IAW the Economy Act]{.mark}, designated law
enforcement support, special events, [or]{.mark} other domestic
activities.

3\. Section 185.2 Applicability and scope.

**Recommend** in para (a) adding NGB [(a Joint Activity)]{.mark} into
the paragraph.

**As reads**: (c) (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.

**Recommend change to read**: [The National Guard, when providing
support under the direction of the Governor and while in a federally
funded Title 32 status, or National Guard support provided under an
established Assistance Compact (including the National level Emergency
Management Assistance Compact), when that support involves use of
National Guard personnel operating under the provisions of Title 32
U.S.C.]{.mark}

4\. Section 185.3 Definitions.

**As reads**: 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.

**Discussion**: Further comments and analysis are predicated upon the
policy statement contained herein in Section 185.4 Policy, para (f) that
"DSCA plans shall be compatible with the NRF and NIMS..."

The NRF and NIMS documents are compatible with HSPD-5 and HSPD-8. HSPD
-5 states under Policy that:

\(3\) To prevent, protect against, respond to, and recover from
terrorist attacks, major disasters, and other emergencies, the United
States Government shall **establish a single, comprehensive approach to
domestic incident management**. **[The objective]{.underline}** **[of
the United States Government]{.underline}** is to ensure that all levels
of government across the Nation have the capability to work efficiently
and effectively together, **[using a national approach to domestic
incident management]{.underline}**. In these efforts, with regard to
domestic incidents, **the United States Government treats [crisis
management and consequence management]{.underline} as a single,
integrated function, rather than as two separate functions.**

**Rationale:** There are multiple DOD definitions, directives, and
verbiage in other policy statements that are out of date. If DOD's
intent is to pave the way for the future and fulfill the Presidents
policy in HSPD 5 (identified above), then the compatibility of plans
begins with compatibility of the regulations, policy statements, and DOD
guidance. The Secretary of Homeland Security is the Domestic Incident
Manager for the Nation. The suggested title for the DOD official
complies with the verbiage contained within the civilian documents and
is appropriate for what DOD is actually doing. Based upon compatibility
with the NRF, NIMS and HSPD-5/8, the following is recommended:

**Recommend change to read**: Defense Domestic [Incident]{.mark}
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 [incident]{.mark}. The Assistant Secretary of Defense
for Homeland Defense and Americas\' Security Affairs (ASD(HD&ASA))
serves as the Defense Domestic [Incident]{.mark} Manager.

**As reads**: 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).

**Recommend change to read**: Defense Support of Civil Authorities
(DSCA). Support provided by U.S. Federal military forces, National Guard
forces performing duty [in]{.mark} Title 32, U.S.C. [under the direction
of the Governor]{.mark}, DoD civilians, DoD contract personnel, and DoD
component assets, in response to requests for assistance from civil
authorities for special events, [Federally declared domestic emergencies
or disasters and DOD support provided IAW the Economy Act]{.mark},
designated law enforcement support, [or]{.mark} other domestic
activities. Also known as Civil Support (CS).

**As reads:** Special Event. An international or \... assistance fro the
Department of Defense.

**Recommend change to read**: An international or \... assistance
[from]{.mark} the Department of Defense.

5\. Section 185.4 Policy.

**As reads**: (c) DSCA is initiated by a request for DoD assistance from
a civilian agency or is ordered by the President or Secretary of
Defense.

**Discussion**: Since Title 32 funded National Guard duty is now
included as DSCA, the process should be addressed. Most often the
National Guard is performing domestic operations in state active duty
status and subsequently the Governor requests Title 32 funding; or, as
we have experienced, a pre-incident request for Title 32 funding is
submitted by the Governor to the President. There is no requirement for
a presidential declaration of emergency or disaster to approve Title 32
funding. Therefore, DSCA may be initiated by a request for Title 32
funding from a Governor. If approved, the employed National Guard forces
fall under DSCA which is not addressed as part of the policy statement.

**Recommend change to read**: (c) DSCA is initiated by a request for DoD
assistance from a civilian agency, [approval of a request for Title 32
funding for the National Guard, other than Homeland Defense
Activities]{.mark}, or as ordered by the President or Secretary of
Defense.

**As reads**: (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.

**Discussion:** This broad policy statement is appropriate for DOD;
however, National Guard DSCA plans are executed under the direction of
the Governor and therefore must align with, be in compliance with, and
support the respective state all-hazard comprehensive emergency
management plan IAW the States Constitution as well as the decision and
guidance the Governor makes towards the states compatibility with the
NRF and NIMS. The National Guard should not be expected to change its
response and support methodologies because it goes from state active
duty (domestic operations) to Title 32 duty (DSCA) as they remain under
the direction of the Governor.

**Recommend change to read**: (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. [National Guard DSCA plans shall also be compatible with the
state level all-hazard emergency management and response plans]{.mark}.

**As reads**: (i) Only the Secretary of Defense \... and/or high yield
explosive events; \... enforcement agencies.

**Recommend change to read**: (i) Only the Secretary of Defense \...
and/or high yield explosive [incidents]{.mark}; \... enforcement
agencies.

6\. Section 185.5 Responsibilities.

**As reads**: (b) (2) Serve as the Defense Domestic Crisis Manager in
accordance with DoD Directive 3020.44.\\12\\

**Discussion**: The reference was signed in 2007 and is an outdated
reference if compliance with HSPD 5/8, NRF, and NIMS is the policy.

**Recommend change to read**: (b) (2) Serve as the Defense Domestic
[Incident]{.mark} Manager in accordance with DoD Directive
3020.44.\\12\\

**Question for clarification**: (b) (3) Does the guidance in this
paragraph include approval of Title 32 funding for the National Guard?

**Recommend:** (b) (3) [Specific guidance for approval of Title 32
funding be added.]{.mark}

**As reads**: (b) (4) (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.

**Recommend change to read**: (b) (4) (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 [when
performing duty in Title 32 U.S.C.,]{.mark} 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.

**As reads**: (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.

**Recommend change to read**: (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 [Incident]{.mark} Manager
during DSCA operations, as required.

**As reads:** (e) (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.

**Recommend change to read**: Assist the ASD(HD&ASA) by providing
recommendations, guidance, and support for all domestic [incidents
or]{.mark} emergencies that may require health or medical-related DSCA,
including situations involving coordination with the components of the
National Disaster Medical System.

**As reads**: (g) (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.

**Recommend change to read**: (g) (1) Support DSCA operations as
directed and in accordance with this [CFR]{.mark}, and shall ensure the
readiness of the Military Departments to execute plans for DSCA.

**As reads**: (i) (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.

**Recommend change to read**: (i) (1) Through the Chairman of the Joint
Chiefs of Staff, plan and execute DSCA operations in their areas of
responsibility in accordance with this [CFR]{.mark}, and in accordance
with their authorities assigned by the Unified Command Plan and the
Forces for Unified Commands Memorandum.

**As reads**: (j) (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.

**Recommend change to read**: (j) (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 [CFR]{.mark}. In each [(delete such)]{.mark} instance, the Chief,
NGB, should be informed of the communication.

v/r, Mr. Vernon C. Lindgren Sr., 31 December 2008