STATEMENT OF DR. STEPHEN CAMBONE
PRINCIPAL DEPUTY UNDER SECRETARY 
OF DEFENSE FOR POLICY

ON THE RELATIONSHIP BETWEEN 
THE DEPARTMENT OF DEFENSE AND 
A DEPARTMENT OF HOMELAND SECURITY


BEFORE THE HOUSE ARMED SERVICES COMMITTEE
UNITED STATES HOUSE OF REPRESENTATIVES

JUNE 26, 2002
 

Introduction
Mr. Chairman and Members of the Committee:  I appreciate the opportunity to meet with you on the subject of the President's proposal to establish a Department of Homeland Security (DHS) and the relationship of the Department of Defense to it.

In presenting his proposal to the nation, the President said, "Today no Federal Government agency has homeland security as its primary mission.  Responsibilities for homeland security are dispersed among more than 100 different entities of the Federal Government.  America needs a unified homeland security structure that will improve protection against today's threats and be flexible enough to help meet the unknown threats of the future."

Secretary Rumsfeld sketched the Department's approach to the proposed DHS earlier this month when he said: "The first task of the federal government is to provide for the national defense.  Because of the new national security environment we face, it is clearly time for a Department of Homeland Security.  We look forward to working with the newly proposed organization to do everything possible to provide for our country's national defense."

Before discussing the relationship of DoD to the proposed Department of Homeland Security, it is important to define two terms.  Homeland Security is defined as a concerted national effort to prevent terrorist attacks within the United States, reduce the vulnerability of the United States to terrorism, and minimize the damage and assist in the recovery from terrorist attacks.  Homeland Defense is defined by DoD as the protection of United States territory, domestic population, and critical defense infrastructure against external threats and aggression.  It also includes routine, steady-state activities designed to deter aggressors and to prepare U.S. military forces for action if deterrence fails.

With respect to Homeland Security, DoD will operate in support of a lead federal agent.  With respect to Homeland Defense, DoD would take the lead and be supported by other federal agencies.

DoD Activity
Let me begin with what DoD is now doing, or planning to do, before turning to its relationship with the proposed DHS.

War on Terrorism
First, DoD is prosecuting the war on terrorism abroad.  The President understands that a terrorist can attack at any time, at any place, using any conceivable technique.  He also understands that it is physically impossible to defend against every conceivable threat in every place, at every time.

To successfully defend against terrorism, and other 21st century threats, requires that we take the war to the enemy.  And the task of DoD is to put pressure on terrorists wherever they are, in Afghanistan, across the globe, to ensure that they have no safe haven, no sanctuary.

With respect to the war abroad, U.S. military forces, at the direction of the President, are charged with engaging terrorist forces and the governments or other entities that harbor them.  In this effort, DoD works closely with other government agencies, including the departments of State, Treasury, and Justice, and the intelligence community.

Northern Command
Second, the President has approved a revision to the Unified Command Plan to establish Northern Command, or NORTHCOM as it will undoubtedly be called.  NORTHCOM will be given the mission of defending the people and territory of the United States against external threats and coordinating the employment of U.S. military forces in support of civil authorities.  In addition, NORTHCOM will be responsible for certain aspects of security cooperation and coordination with Canada and with Mexico.  NORTHCOM will "stand up" on October 1, 2002.  Peterson Air Force Base in Colorado is the site that the department has selected as the preferred location for the new NORTHCOM headquarters.  The President has nominated Gen. Ralph Eberhart, currently the Commander of U.S. Space Command, as the first Commander, U.S. Northern Command.

Office of Homeland Defense Policy
Third, DoD will establish its own Office of Homeland Defense Policy within the Office of the Secretary of Defense to ensure internal coordination of DoD policy direction, to provide guidance to Northern Command for its homeland defense mission and its military activities in support of homeland security, to include support to civil authorities, and to provide for coordination with the Office of Homeland Security, DHS, and other government agencies.

Homeland defense and security functions are resident in many components within the Department.  Therefore, the DoD Office of Homeland Defense Policy will be a small, responsive, and agile organization that uses a matrix management approach to leverage expertise outside its core staff.  This new office, with its short lines of authority to facilitate senior decision-making and delegated authority for decentralized execution of activities, will provide strong, centralized guidance by:

·    Developing strategic planning guidance for DoD's role in homeland security; 

·    Developing force employment policy, guidance, and oversight;

·    Supervising DoD preparedness activities to support civil authorities in emergencies in accordance with the single federal emergency response plan that the President has proposed;

·    Providing DoD support, as appropriate, to assist in developing capacities and capabilities of civilian agencies requisite to conducting homeland security missions; and

·    Directing DoD domestic crisis management activities

New DoD Office of Intelligence
Fourth, the Administration has proposed to the Congress the creation of an Under Secretary of Defense for Intelligence.

This new office would have as its primary responsibilities assuring that the senior leadership of the department and combatant commanders receive the warning, actionable intelligence and counter-intelligence support needed to pursue the objectives of our new defense strategy.

This new office will enhance DoD intelligence-related activities, provide a single point of contact for coordination of national and military intelligence activities with the DCI's Community Management Staff and strengthen the relationship between the Secretary of Defense and the Director of Central Intelligence.

In addition, it is through this office the department would support, consistent with extant laws and regulations, the new DHS with intelligence derived products from DoD activities.

NDAA 2002 Study
In addition to establishing an internal Office of Homeland Defense, standing up Northern Command and proposing creation of an Under Secretary for Intelligence, the department is conducting a study on the DoD role in homeland security, as directed by the 2002 National Defense Authorization Act.  The law calls for a comprehensive plan on the organization of the Office of Secretary of Defense that addresses the most beneficial organizational structures for homeland security, combating terrorism, and securing intelligence.  We expect the study to be completed this summer.

DoD Roles and Missions
DoD may employ U.S. military forces as follows:

Extraordinary
First, under extraordinary circumstances that require the department to execute its traditional military missions to deter, dissuade or defeat an attack from external entities.   In these circumstances, DoD would take the lead.  

As with military missions abroad, DoD has the lead role in the conduct of traditional military missions in defense of the people and the territory of our country.  In these instances, DoD is supported by other federal agencies.  The draft legislation for DHS recognizes the lead role of DoD in traditional military operations.  DoD supports the inclusion of section 304 in the draft legislation ".Nothing in this Act will confer upon the Secretary of DHS any authority to engage in warfighting, the military defense of the United States, or other traditional military activities."  This section clearly delineates the difference between homeland defense activities and homeland security activities - a precision that will be important to keep in our minds and to articulate clearly to the American public.  Plans for such activities would be coordinated, as appropriate, and to the extent possible, with the National Security Council, the Homeland Security Council, the Department of Homeland Security, and other affected departments and agencies. 

As an example, in the case of combat air patrols, the Federal Aviation Administration, a civilian agency, provides data to assist the efforts of Air Force fighter pilots, and the Guard and the Reserves, in identifying, and if necessary, intercepting suspicious or hostile aircraft.

Also included in the category of extraordinary circumstances are cases in which the President, exercising his constitutional authority as Commander-in-Chief and Chief Executive, authorizes military action.  This inherent constitutional authority may be used in cases, such as a terrorist attack, where normal measures are insufficient to carry out federal functions.

Emergency
Second, to act in emergency circumstances of a catastrophic nature; for example, responding to an attack or assisting in response to forest fires or floods, hurricanes, tornadoes, and so forth.  The President's legislative proposal envisions that the DHS will be the lead federal agency for domestic contingencies of national significance.  In some instances, due to the severity or scale of the incident, the Department of Defense may be asked to act quickly to provide or to supply capabilities that other agencies simply do not have.

Limited Scope or Duration
Third, missions or assignments that are limited in scope or duration where other federal agencies take the lead from the outset.  An example of this would be security at a special event like the Olympics, where DoD literally had more men and women in uniform in the state of Utah for the Salt Lake City Olympics than we had in Afghanistan at the same time.  Another example is assisting other federal agencies in developing capabilities to detect chemical and biological threats.

The first of those three categories, extraordinary circumstances, when DoD conducts traditional military missions to defend the people or territory of the United States at the direction of the President, falls under the heading of homeland defense.  In these cases, the department is prepared to take the lead.  DoD will apply the capability developed to prepare for and to conduct these missions when it is called upon to support civil authorities.

The second and third categories are activities which are emergency or temporary in nature and for which other federal agencies take the lead and DoD lends support.  The Department of Homeland Security will have the responsibility for coordinating the response of federal agencies and, as appropriate, the interaction of those federal agencies with state and local entities.  DoD will take an active role in this interagency process.

In the event of multiple requests for DoD assets, the President would be the one to make the decision on the allocation of these assets.  The coordination mechanism of the National Security Council and the Homeland  Security Council exist to support just such a decision.  The DoD is represented on both the NSC and HSC.

In sum, the Department of Defense has two roles to play in providing for the security of the American people where they live and work.  The first is to provide forces to conduct traditional military missions under extraordinary conditions such as the active defense of the nation's airspace and its maritime approaches.  The second is to support the broader efforts of the DHS and federal domestic departments and agencies, and, indeed, the state and local governments.

National Guard
In this context, I would like to discuss the role of the National Guard briefly.   The National Guard can support homeland security in several ways, first in state service under the direction of the governors.  For example, on September 11, the National Guard of New York, New Jersey and Connecticut responded to the attacks on the World Trade Center.

Second, in state service but performing duties of federal interest; Title 32 status. 

Third, in federal service, the so-called Title 10 status, for example when the National Guard is mobilized to serve under the direction of the President or the Secretary of Defense.  The Commander of Northern Command will have authority over the Guard only when it is serving in a Title 10 status.  Otherwise, although he can set training and readiness standards for Guard units when they operate in Title 10 status, authority over the Guards' activities would remain with State governors.

These arrangements have worked well in the past.  The challenge today is to translate them into our new security environment.  There are many proposals for doing so, and we'll work with the NSC, HSC, DHS, Congress, and the governors to make certain that we have an approach that meets the nation's needs.

Conclusion
In conclusion, departments and agencies charged with U.S. national security share a common goal: to assure the security of American citizens, territory, and sovereignty.  DoD and DHS will have complementary missions and capabilities and we welcome DHS as a partner that will bring together critical functions in a way that will be greater and more effective than the sum of its individual parts.

Thank you, Mr. Chairman.


House Armed Services Committee
2120 Rayburn House Office Building
Washington, D.C. 20515