Pub. L. 110-181, div. A, tit. XVIII, subtit. A, sec. 1815
DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT REQUIREMENTS.
SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT REQUIREMENTS.(a) Determination of Requirements.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident.(b) Plan for Funding Capabilities.—(1) Plan.—The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following:(A) The military-unique capabilities determined under subsection (a).(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities.(2) Term of plan.—The plan required under paragraph (1) shall cover at least five years.(c) Budget.—The Secretary of Defense shall include in the materials accompanying the budget submitted for each fiscal year a request for funds necessary to carry out the plan required under subsection (b) during the fiscal year covered by the budget. The defense budget materials shall delineate and explain the budget treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency.(d) Definitions.—In this section:(1) The term “military-unique capabilities” means those capabilities that, in the view of the Secretary of Defense—(A) cannot be provided by other Federal, State, or local civilian agencies; and122 STAT. 500(B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident.(2) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.(e) Strategic Planning Guidance.—Section 113(g)(2) of title 10, United States Code, is amended by striking “contingency plans” at the end of the first sentence and inserting the following: “contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities”.