1. “Working with the Hill from the Field” 11 February 2013 National Guard Educational Foundation Legislative Workshop

2. Introduction Soldier, NCO, Officer – 34 years of service M-Day, AGR, now State Employee High School Business Education Teacher/Coach Married to Retired LTC, 27 years of service 2 Children in school TAG for 3 ½ years Responsible for Army, Air National Guard, State HLSEM Serve on Council of Governors – Co-Chair TAG for Governor Serve on Armed Forces Policy Committee – Primary Member Serve on AGAUS – Infrastructure Committee Chair Serve on AUSA – RC Advisory Committee

3. The Fiscal CLIFFPOCALYPSEMAGEDDONACAUST

4. TAG Overall Policy Interaction Local Mayor’s Offices City Councils Veteran’s Organizations Professional Organizations State INGOA/EANGUS State AUSA/AFA Chapters Local/Community State Representatives Federal Congressional Delegation Congressional Visits Congressional Hearings Caucuses DoD/NGB/Army/Air Force Council of Governors AFRPC AGAUS NGAUS EANGUS AUSA AFA ROA State Governor’s Office Other Adjutant’s General State Legislature Condition of the Guard Address Legislative Committee Briefings/Budget Hearings Department Director Business and Industry StateFederal Title 32Title 10 TAG

5. TAG Responsibilities State MILCON Force Structure Stationing State Equipment State Budgets State Benefits State Legislation MILCON Force Structure Equipment Procurement Budgets Benefits Federal Legislation State PolicyFederal Policy STATE AGENCIES, LEGISLATURE FEDERAL AGENCIES, CONGRESS

6. Council of Governors: Overview Historical perspective – Hurricane Katrina – Insurrection Act changes NDAA FY2008 (Sec. 1822) – Directed establishment of a Council of Governors to “advise the Secretary of Defense, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions.” Executive Order 13528(Jan 2010) 6

7. Council of Governors – Key provisions 7 Scope of activity – “matters involving the National Guard of the various States; – homeland defense; – civil support; – synchronization and integration of State and Federal military activities in the United States; and – other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.”

8. Membership – Governors Gov Chris Gregoire (D-WA) – Co-Chair (Awaiting Nomination) Gov Terry Branstad (R-IA) – Co-Chair Gov Jan Brewer (R-AZ) Gov Jack Markell (D-DE) Gov Neil Abercrombie (D-HI) Gov Martin O’Malley (D-MD) Gov Jay Nixon (D-MO) Gov Luis Fortuno (R-PR) (Awaiting Nomination) Gov Robert McDonnell (R-VA) Gov Matt Mead (R-WY) 8

9. Membership – Federal Participants - Secretary of Defense - Secretary of Homeland Security - Assistant to the President for Homeland Security and Counterterrorism - Assistant to the President for Intergovernmental Affairs and Public Engagement - Assistant Secretary of Defense for Homeland Defense and Americas’ Security Affairs - Commander, USNORTHCOM - Chief, National Guard Bureau - Commandant, US Coast Guard 9

10. Council of Governors Unity of Effort CBRNE Response Enterprise Military Construction ARNG & ANG Missions, Force Structure and Recapitalization GOVERNORS FEDERAL AGENCIES, CONGRESS, NSC/NHSC, etc. NGA Committees AGAUS Committees Local Governments Initial Emergency Responders State & Federal LEAs Hospitals Other Private and Public Sector Organizations & Consortiums STATE AGENCIES, LEGISLATURES, Compacts, etc. Emergency Managers Homeland Security Advisors PRESIDENT Council of Governors End Strength; Full Time Staffing; DSCA Requirements Medical Associations Business & Industry; Private Sector Critical Infrastructure

11. 2011 Dual Status Command Memoranda of Agreement – 50 signed Training Program 2012 Air National Guard Budget Budget Process – FY15 and beyond 2013 Consultative Process for FY15 and beyond? 11 Historic Change

12. ANG/Air Force Budget Issue In order to understand what exchanges of information and views have or have not occurred between Air Force and State officials concerning Air Force year of Execution FY12 and fiscal year 2013 budget actions, federal laws and policies requiring the exchange of such information and views must be acknowledged and understood.

13. Statutory Requirements Federal law has long mandated that “no change in the branch, organization, or allotment of a National Guard unit located entirely within a State may be made without the approval of its Governor. Since 1956, the statutory charter of the National Guard Bureau has clearly stated that NGB is the channel of communications on all matters pertaining to the National Guard. In 2008, Congress mandated in Section 1822 of the FY2008 NDAA the creation of the bipartisan Council of Governors. Council of Governors was created to advise national security authorities on matters related to the National Guard and civil support missions. December 2011, Congress elevated the Chief of NGB to full membership on the Joint Chiefs of Staff. Jan 2010, Presidential Executive Order 13528 established the Council of Governors

14. Executive Order 13528 Executive Order begins with a clear statement of purpose and specifies that the Council’s views, information, or advice shall concern: - Matters involving the National Guard of the various States; - Homeland Defense; - Civil Support; - Synchronization and integration of State and Federal military activities in the United States; and - Other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities. Appointment of ten (10) Governors to serve as Council Members. Executive Order directs the Sec of Defense to provide the Council with information as may be necessary for the performance of the Council’s functions. Council of Governors and its federal participants negotiated and adopted a Statement of Principles in 2010.

15. Actions Leading Up to Subsequent State-Federal Meetings on PB13 Mid February 2012, TAGs and Governors began reading and hearing statements in open media sources about AF FY13 budget that had not yet been submitted to Congress. When State officials sought clarification from NGB, they were reminded that NGB officials were subject to Non-Disclosure Agreements and couldn’t disclose information. 26 Feb 12 meeting between Secretary Donley, Chief of Staff General Schwartz, and about 8 TAGs. Focus of the meeting was to discuss the Air Force decisions on PB13. Immediately after the meeting, TAGs briefed the remaining TAGs and updated Governors who were attending NGB Winter meeting. By end of the day, we received a letter that 49 Governors had written to Secretary Panetta opposing what the Governors described as disproportionate ANG budget and manpower cuts. 27 Feb 12 Council of Governors meeting, the Co-Chair Governors hand delivered the letter to Secretary Panetta and asked him to enter into a dialogue with Governors.

16. NGA Letter (February 26, 2012) “ Dear Secretary Panetta: “We, the nation’s governors, strongly oppose the disproportionate cuts facing the Air National Guard as part of the U.S. Air Force’s fiscal 2013 budget request. “Over the past decade our National Guard has evolved into a cost-effective operational force that is critical to our national security and our ability to respond to domestic emergencies. The Air Guard provides 35 percent of the U.S. Air Force’s capability for six percent of the budget. It performs a variety of domestic missions, including transporting vital personnel, equipment and supplies during emergencies and assisting in daily drug interdiction operations. “As Commanders-in-Chief, we appreciate the need to reorganize, restructure and modernize the military to meet new threats and economic realities. We also understand the need for cost-effective means to achieve these goals. Given these realities, we must oppose the proposal that the Air National Guard absorb 59 percent of the total aircraft budget reductions and approximately six times the per capita personnel reductions. “Governors are extremely proud of the role that the National Guard plays in protecting this nation and its citizens. The National Guard is a highly experienced and capable force and an essential state partner in responding to domestic disasters and emergencies. We respectfully request that the Department of Defense reconsider any proposed Air Guard force or equipment reductions and that you work with governors to fashion solutions that best serve the interests of this nation.” (Emphasis added. Signed by 49 governors) 16

17. Subsequent Meetings Co- Chair TAGs in coordination with several of our counterparts, are given four days to draft a proposal for discussion with the Air Force. March 2, CoG alternative proposal was provided to Air Force leadership. March 5, CoG co-chair letter to Secretary Panetta. March 6 and 9, discussion between TAGs and U.S. Air Force. March 13, discussion between TAGs and U.S. Air Force. March 19, CoG co-chair letter to Air Force Secretary Donley and Air Force Chief of Staff General Schwartz. March 23, DMEG meeting. March 29, CoG co-chair letter to Deputy Secretary Carter

18. Subsequent Meetings April 3, Letter of response from Secretary Carter April 4, NGA/TAG Briefing for Senate staff April 10, NGA/TAG Teleconference for House Armed Services Committee staff. Week of April 9, Air Force Released Evaluation of CoG Proposal to the Hill. July 12, Governor Branstad and MG Lowenberg testified before the House Armed Services Subcommittee on Readiness. July 15, Council of Governors Summer meeting, Williamsburg, VA. September 15, CAPE briefing to Gen Grass, LTG Wyatt, AGAUS Senior Leadership. September 25-26, Council of Governors Working Session. TBD – Follow on CAPE briefing – Stationing Plan. November 13, Council of Governors Fall meeting.

19. What’s Next? 19 Budget process and consultative process for FY15 and beyond Shared Situational Awareness Joint Action Plan Other legislative issues – Military/Civilian Skills – MILCON/BRAC? – Child custody

20. Big Concerns of TAGs Army/Air Force role in future national military strategy Impacts of sequestration Flexibility to balance the “Three Rheostats” End Strength Training/readiness Modernization Reset for OEF FY13 spending Afghanistan SecDef Panetta: Sequestration is a “goofy, meat-axe approach.”

21. Questions