Page:United States Statutes at Large Volume 122.djvu/522

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12 2 STA T .49 9 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (2)Anide n t i f i ca ti o nofo p e r ationa l proced u re s, co m mand structures, and lines of communication to ensure a coordinated, efficient response to contin g encies . ( 3 ) An identification of t h e training and e q uipment needed for b oth N ational G uard personnel and members of the Armed F orces on acti v e dut y to provide military assistance to civil authorities and for other domestic operations to respond to ha z ards identified in the national planning scenarios. (e) N ATION A LP LANNIN GSCE NA R IO S . —T he plan shall provide for response to the follo w ing hazards

( 1 ) Nuclear detonation, biological attac k , biological disease outbreak / pandemic flu, the plague, chemical attack - blister agent, chemical attack-to x ic industrial chemicals, chemical attack-nerve agent, chemical attack-chlorine tank explosion, ma j or hurricane, major earthquake, radiological attack-radio- logical dispersal device, explosives attack-bombing using impro- vised explosive device, biological attack-food contamination, biological attack-foreign animal disease and cyber attack. (2) Any other hazards identified in a national planning scenario developed by the H omeland Security C ouncil. SEC.18 1 5 . D E T E RMINA TI O NO F DE P ARTMENT OF DEFENSE CI V I L S U P - PORT RE Q UIREMENTS. (a) D ETER M INATION O FR E QU IREMENTS.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine the military-unique capabilities needed to be pro- vided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident. (b) PLAN FOR FUN D ING CA P A B ILITIES.— (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 J oint 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 Sec- retary 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 authori- ties. (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 depart- ment, each combatant command, and each affected Defense Agency. (d) DEFINITIONS.— I n 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

and 10USC 11 3note.