CHAPTER 8
HOMELAND DEFENSE AND SUPPORT TO CIVIL AUTHORITIES
Military Support for Homeland Security

For those of us on the active military side, this issue of dealing with state governments during disasters is almost like a dance. Do we lead or follow? In this sense the feds, especially the active military, are always the junior partner.

Lieutenant General Russel L. Honoré, commander of U.S. forces during the response to Hurricane Katrina, from Survival: How a Culture of Preparedness Can Save You and Your Family from Disasters (New York: Atria Books, 2009)

CHAPTER OVERVIEW

While every part of the government has a role in homeland security, none has deeper roots in the mission than the U.S. military (discussed in Chapter 1). Yet as the quote from General Honoré above reflects, the place of the armed forces is complex. Law and politics, as well as modern operational requirements and threats, shape how and when the military is brought to bear. Military forces offer substantial and often unique capabilities, especially when compared to state and local civilian agencies. At the height of the Katrina response, for example, over 72,000 members of the armed forces supported disaster relief and recovery efforts.

This chapter describes missions the military may be called on to perform and how it organizes to accomplish them. Key terms and concepts for understanding military activities, including sometimes complex but important differences in status and authorities of various military units, are defined and discussed.

CHAPTER LEARNING OBJECTIVES

After reading this chapter, you should be able to

1. Describe authorities that govern the use of military force for homeland security-related missions.

2. Explain the differences between homeland security, homeland defense, and defense support to civil authorities.

3. List organizations that perform homeland defense and civil support and explain their duties.

4. Describe the unique military organizations involved in CBRNE (chemical, biological, radiological, nuclear, and high-explosive) consequence management.

5. Explain the different status under which military forces may be employed for civil support.

AUTHORITY TO ACT

As with intelligence and counterterrorism operations (discussed in Chapters 6 and 7), military support for protection of the homeland is significantly shaped by legal authorities. These authorities result from the nation’s history and traditions and legislation intended to adopt use of military to the contemporary needs of the nation. No aspect of homeland security is affected as much by history and tradition as the place of the military.

Home Front History

It is difficult to make sense of the armed forces’ role and the authorities under which they respond without an appreciation of the influence of the past on the present. This history was briefly discussed in Chapters 1 and 3. A fuller explanation is provided here.

Arguably, American military forces have been defending the homeland since the foundation of the republic. This has always led to some confusion and debate, often based on lingering mistrust that the armed forces might be used inappropriately. America’s legal and cultural traditions are built on the British fear of “standing armies,” or a professional military force retained in times of peace. The traditional concern was that these troops could be used by the sovereign for repression of the people. These fears played out during the English civil war between the forces of the crown and Parliament. After deposing the king, Parliament was itself overthrown in a military coup d’état. The monarchy was later restored, but after a second revolution in 1688, the Parliament began to advocate greater controls over military forces. This effort evolved into two foundational principles for democratic rule. One is civilian supremacy over the command of military forces. The second is the limited role of the military in domestic affairs.

Civilian control of the military was enshrined in the U.S. Constitution by establishing the president as commanderin chief and assigning Congress the responsibility of raising and maintaining military forces. Furthermore, while the Constitution assigned the federal government the role of “providing for the common defense,” the military received no special powers for trumping civilian rule or violating individual liberties. The Constitution also contains specific prohibitions concerning military activities in the homeland. The Third Amendment, part of the Bill of Rights, holds that “no Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” Additionally, the Constitution recognized the principle of federalism, which reserved power over most domestic matters, including public safety and order, to the states.

Yet from its birth, the republic recognized that military forces had a legitimate role in restoring public safety and order in extraordinary circumstances. The Constitution empowers three branches of government with determining how to accomplish these tasks in practice. Over the course of U.S. history, as the security concerns of the nation evolved, laws codified how the principles expressed in the Constitution would be put into practice. For example, insurrections resulting from political and economic protests as well as slave rebellions were a principal concern throughout early American history.¹ The 1789 Judiciary Act authorized the military to aid federal marshals in capturing federal fugitives. The Militia Act of 1792, the first of a series of “call forth” laws, authorized the president to call state militias to arms. This act was an early attempt to define how the nation’s armed forces could response to external threats (such as a British invasion), but also allowed the president to call out state militias to suppress insurrection. The Insurrection Act of 1807 was thought to be a response to the infamous Aaron Burr conspiracy (accusations that the former vice president intended to set up an independent nation). In the tumultuous wake of the Civil War and rising industrial unrest, the 1871 Force Act empowered the president to use military forces to quell riots, while the 1878 Posse Comitatus Act then limited the employment of federal troops in law enforcement.

After the Civil War, as the practice of using federal assets for domestic emergencies became more common, additional laws determined what the armed forces as a federal entity could do in the homeland. The Federal Civil Defense Act of 1950 codified federal civil defense responsibilities. Other laws included the Stafford Act, which governs the conduct of federal assistance for domestic emergencies. While grounded in the Constitution, U.S. laws are a “living” institution. Within principles, roles, and responsibilities established in the Constitution, the three branches of government work to ensure they meet contemporary needs.

Authorities for Homeland Defense and Civil Support

Authorities for military missions in the homeland are frequently updated. For example, Congress usually passes a defense authorization bill every year that can modify existing laws governing military activities, including those affecting the homeland. Other laws can be changed as well. The Posse Comitatus law, for example, has been amended on a number of occasions, as has the The Stafford Act. The Federal Civil Defense Act of 1950 was rescinded in 1994. As of 2011, federal authorities addressed two major missions that affect homeland security. They are homeland defense and military support to civil authorities.

Homeland Defense

Homeland defense is most fully defined in the Department of Defense’s Strategy for Homeland Defense and Civil Support (2005), which states, “Homeland defense is the protection of U.S. sovereignty, territory, domestic population, and critical defense infrastructure against external threats and aggression, or other threats as directed by the President. The Department of Defense is responsible for homeland defense.” Furthermore, the document holds that “[h]omeland [d]efense includes missions such as domestic air defense. The Department recognizes that threats planned or inspired by ‘external’ actors may materialize internally. The reference to ‘external threats’ does not limit where or how attacks could be planned and executed. The Department is prepared to conduct homeland defense missions whenever the President, exercising his constitutional authority as Commander in Chief, authorizes military actions.”²

The term homeland defense often engenders confusion because it is so similar to homeland security. Homeland defense is not a subset of homeland security. It is part of the military’s general responsibilities to “provide for the common defense” at home and abroad.

Defense Support to Civil Authorities

The second major mission area of the armed forces for the homeland is defense support to civil authorities (DSCA). “Defense support of civil authorities, often referred to as civil support,” according to the Strategy for Homeland Defense and Civil Support, “is DoD [Department of Defense] support, including Federal military forces, the Department’s career civilian and contractor personnel, and DoD agency and component assets, for domestic emergencies, law enforcement support, and other activities.”³ This mission includes providing authorized military aid to civilian authorities (other federal agencies or state, territorial, local, or tribal officials) or “qualifying entities” (a nongovernmental organization that the Defense Department can assist by law, such as the Boy Scouts).

There are many types of DSCA missions, from providing assistance to law enforcement to supporting special events (such as the Olympics). Most homeland security–related tasks where the military is supporting other civilian agencies, such as domestic disaster response, are DSCA missions. Assistance to civilian leaders in other nations is not considered part of the DSCA mission; management of this aid is conducted under different authorities.

Covered Activities

Some military forces do not fall under the mission areas described in this chapter, even though they may also have homeland security responsibilities. None of the authorities described in this chapter relate to the U.S. Coast Guard. Though the Coast Guard is a recognized uniformed military force, its missions and roles are defined under the statutory authorities of the Department of Homeland Security. Other uniformed services not covered are the commissioned corps of the National Oceanic and Atmospheric Administration (Department of Commerce) and the commissioned corps of the Public Health Service (Department of Health and Human Services). Furthermore, states are authorized to have militias in addition to the National Guard. These are called state defense forces. Though technically “military” units, they are solely governed by the constitutions and the laws of the states.

Status of Forces

U.S. armed forces consist of active and reserve components. The status of military personnel defines what duties they can perform, their legal situation, who they work for, and who pays for the costs of employing them and their equipment. These statuses have direct impact on how the military performs DSCA missions.

Active duty forces are the military’s equivalent of full-time civilian employees. While on active duty, personnel in the Army, Navy, Air Force, and Marine Corps are available for duty and deployment year-round. Active forces serve under Title 10 status, the provision of the U.S. Code that defines the organization of federal military forces. These forces serve under the commander-in-chief, and the costs of operating Title 10 forces are born by the federal government.

Reserve component forces consist of the reserves and the National Guard. In 2011 there were over one million personnel in Army, Navy, Air Force, and Marine Corps reserve component forces, comprising almost one-third of all U.S. military forces. These forces are like part-time employees. They traditionally trained one weekend a month and two weeks during the summer. But they can be activated for full-time military service, either to conduct training or deploy on missions, as occurred increasingly during the conflicts after 9/11. When activated, they become Title 10 forces.

National Guard units can also serve in other statuses important to homeland security and defense. One is called “state duty.” Under this status, the forces are commanded by the governor of the state or territorial authority. The duties performed and legal status are established by state laws. The states or territories bear the costs of using the forces. If states use equipment provided by the federal government, they must reimburse the federal government for the cost.

National Guard forces can also serve in Title 32 status. This is a term of duty described under Title 32 of the U.S. Code. When forces are activated to serve under this status, they remain under command of the governor or territorial official, but the costs of employing them are borne by the federal government. First created for troops to conduct annual training, the status is often used for DSCA missions to allow states to provide command and control of their National Guard forces, paid for by the federal government.

As noted above, National Guard forces can also serve in Title 10 status. When serving in this status they essentially become active duty forces.

Statutory Conditions and Restrictions

The array of laws governing use of military forces can be confusing. Their virtue, however, is significant flexibility for how forces can be employed. Authorities range from the president’s power under the Restoration Act (before 2005 it was called the Insurrection Act) to the limiting authorities of the Economy Act (which governs how federal entities obtain goods and services from one another). For example, the Restoration Act allows the broadest discretionary authority to the president. This act sanctions the president’s right to intervene with military forces when states are incapable of maintaining public order—not just in the case of rebellion, but in a wide range of situations, from natural disaster to serious public health emergencies and terrorist attacks. In 1994 the president invoked the Insurrection Act to respond to the Los Angeles riots (see Chapter 1). There was also debate over using the act as justification for responding to Hurricane Katrina. The act is seldom invoked, however, because it would allow federal officials to bypass state and local authorities, a step taken only in desperate circumstances.

Normally, the limits of activities are defined by the Economy Act or, in the case of disaster response, the Stafford Act. In these cases, the prohibitions imposed under the Posse Comitatus Act apply. While the Posse Comitatus Act itself does not apply to naval forces, DOD directives extend the restrictions of Posse Comitatus to all armed forces under its control.

Posse Comitatus only prohibits the use of Title 10 forces to perform law enforcement. Title 32 or state duty forces can act in a law enforcement role. Also, forces in any status can perform non–law enforcement tasks, such as communications support. Furthermore, the law allows for exceptions in “cases and circumstances expressly authorized by the Constitution or an Act of Congress.” There are many allowable exceptions, including responding to and preventing attacks by weapons of mass destruction.

Statutory authorities to perform DSCA are often misunderstood, no surprise given that at least seven major DOD directives govern DSCA operations. For example, both reserve forces and National Guard units are home-based at small facilities in the states and territories. While governors can readily call out the National Guard units in their state on their own authority, they cannot use federal reserve forces (which might be located in the same town and have similar capabilities) because they are Title 10 forces. Likewise, Title 10 forces, both active and reserve, can be called up to provide law enforcement support during a terrorist biological attack but not a naturally occurring pandemic. The exception to all these restrictions is a “good Samaritan” provision in law that allows local commanders of Title 10 forces the authority to provide immediate assistance during an emergency when lives and property are at risk.

ORGANIZATION

The administrative and tactical organizations of the armed forces are as complicated and confusing as the statutory authorities governing them. Understanding them, however, is vital to appreciating how the armed forces accomplish their assigned tasks.

Department of Defense

The secretary of defense exercises command authority on behalf of the president, who serves as commanderin chief of all Title 10 forces. The DOD exercises authority over the armed forces—Army, Navy, Air Force, and Marines (the equivalent of the operational organizations of the Department of Homeland Security, such as the Transportation Security Administration and the Coast Guard). The department’s secretariat establishes policy, regulations, and resources committed to all missions, including homeland defense and DSCA; the secretariat does not manage or command forces in the field or at sea.

Within the secretariat many organizations help formulate and execute policies that impact homeland security. The assistant secretary of defense for homeland defense and America’s security affairs (formerly called the assistant secretary of defense for homeland defense) has the principal policy responsibility for homeland defense and civil support matters. For example, the assistant secretary’s office manages the Domestic Preparedness Support Initiative, which coordinates department efforts to transfer defense technologies and equipment to federal, state, and local emergency responders.

In addition to the secretariat, the defense secretary is supported by the chairman of the Joint Chiefs of Staff and under the chairman, the Joint Staff (an organization separate from the secretariat). The chairman serves as the principal military adviser to the president and secretary of defense and is a member of the National Security Council. The chairman is also the conduit of command from the president and the secretary to combatant commands. The Joint Staff assists in providing strategic direction and planning for all military missions, including those affecting homeland security. The chairman and the Joint Staff do not, by statutory fait accompli, have “command” authority. Those responsibilities rest solely with the president and secretary. The prohibition against assigning command authority to the chairman reflects the principle that overall command remains under civilian control.

The secretary is also assisted by the National Guard Bureau. The bureau does not command state guard units. Rather, the director of the Bureau serves as the channel through which the DOD works with state and territorial guard units until they are mobilized and deployed. The bureau is necessary because unless and until mobilized under Title 10, state guard forces are not part of the DOD. The bureau provides a “link” between the states and the department that helps bridge Guard capabilities and missions from local activities to overseas combat.

The Army and Air Force each have a service secretary, with service staffs, that report to the secretary of defense. The Navy and Marine Corps fall under the secretary of the navy. Like the defense secretariat, the service secretariats do not command forces on operational missions. They provide policies, other guidance, and resource planning for their respective services, including homeland security–related missions. For example, the Homeland Defense Branch of Headquarters, Marine Corps, which falls under the secretary of the navy, coordinates Marine Corps programs and policies for homeland defense and civil support.

Military Commands

A number of commands may be involved in military support for homeland security. A command is a military organization that commands, controls, and supports military units performing operational missions. Military units may be assigned to the commands under several different types of “command relationships.” Command relationships specify the responsibility and authority of the commander over tasks such as giving orders, providing support for supplies and services, and exercising legal responsibility.

Two categories of military commands could provide support for homeland security–related activities. These are multinational commands and U.S.-only commands. Multinational commands include the forces of more than one nation. U.S.-only commands include only U.S. Title 10 forces.

Multinational Commands

Two multinational commands that may become involved in homeland defense missions are the North Atlantic Treaty Organization(NATO) and the North American Aerospace Defense Command (NORAD).

NATO.

NATO is a multinational defense alliance in which both the United States and Canada are members. NATO nations pledge to support one another in case of attack. After 9/11 NATO surveillance aircraft helped monitor air approaches into the United States (see Chapter 3).

NORAD.

While NATO engagement in U.S. homeland defense matters is rare, NORAD’s is routine. NORAD is a binational American and Canadian military command that provides aerospace and maritime warning for North America. Established in 1958 to confront the growing Soviet bomber threat, NORAD has adapted to the evolving security environment.⁴

The United States and Canada jointly established NORAD with a U.S. commander and a Canadian deputy. While the commander has operational control over forces allocated to NORAD, all other aspects of command and organization fall to the national components of NORAD. Neither country is obligated to place its forces on alert or to mobilize if the other country’s commander orders it. The commander must also follow general defense plans outlined by the two governments, consult with both on long-term decisions, and obtain their permission before releasing important information to the public. The two governments provide funding for necessary headquarters, facilities, and forces. The main NORAD headquarters is near Colorado Springs, Colorado. The United States has NORAD regional headquarters at joint Base Lewis-McChord, Washington; Rome, New York; and Joint Base Elmendorf-Richardson, Alaska. The Canadian NORAD regional headquarters is at Canadian Forces Base, Winnipeg. Each country pays for construction, operation, and development of its own headquarters.

The 9/11 attacks prompted a major increase in air defense over American cities, culminating in Operation Noble Eagle. NORAD’s role grew with its involvement in that operation to include monitoring and interception of flights, patrolling airspace over cities and critical infrastructure, and controlling the airspace over Washington, DC. From September 11, 2001, through 2008, NORAD monitored 2,700 unknown aircraft and directed more than 45,000 defensive sorties under the operation.

A maritime surveillance mission was added in 2006. This mission provides “shared awareness and understanding of the activities conducted in U.S. and Canadian maritime approaches, maritime areas, and inland waterways.”

NORAD also provides a forum for coordination between Canadian and U.S. militaries, while keeping control of actual combatant forces under each country’s command for homeland defense. The United States and Canada have also joined in a compact that allows forces to participate in each other’s response to disaster relief. During Hurricane Katrina, for example, Canada provided helicopter search and rescue teams in New England to fill in for U.S. Coast Guard assets called away to the hurricane response.

U.S.-Only Commands

The United States has both major regional and functional military commands. These are established under the Unified Command Plan. Prepared by the chairman of the Joint Staff but signed by the president, the plan assigns missions and responsibilities to organizations designated as major combatant commands.

Functional commands that may participate in homeland defense or support DSCA are the Special Operations Command, Strategic Command, and Transportation Command. Special Operations Command provides special operations forces for worldwide deployment. Strategic Command provides support for certain missions related to homeland defense, such as missile and cyber-defenses. Transportation Command manages military transportations assets and provides critical resources, such as aerial medical evacuation.

Three major geographic commands have significant responsibilities related to homeland defense and DSCA. They are Southern Command, Pacific Command, and Northern Command. Each command is assigned under the Unified Command Plan an “area of responsibility.” Within that area they manage military operations by Title 10 forces.

SOUTHCOM

The area of responsibility assigned Southern Command, or SOUTH-COM, includes most of Latin America (except Mexico and parts of the Caribbean and Gulf of Mexico). Joint Interagency Task Force South conducts operations related to battling drug trafficking and related transnational crimes.

PACOM

Pacific Command, or PACOM, provides homeland defense and civil support for Hawaii and U.S. territories, as well as U.S. possessions and freely associated states in the Pacific region. Possessions are lands belonging to the United States that have no permanent population and no territorial government. They include Wake Island, Midway Islands, Johnston Island, Baker Island, Howland Island, Palmyra Atoll, Jarvis Island, and Kingman Reef. Freely Associated States are sovereign nations that have entered into Compacts of Free Association with the United States. They include the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

Under PACOM, Joint Task Force Homeland Defense manages DSCA and humanitarian assistance (aid to foreign countries) missions. Disaster relief is a particular focus for training, research, and collaboration through PACOM’s Asia-Pacific Center for Security Studies. Joint Interagency Task Force West conducts operations related to combatting drug trafficking and related transnational crimes.

NORTHCOM

Established after 9/11, the Northern Command, or NORTHCOM, undertakes the majority of homeland defense and DSCA missions. Its area of responsibility includes the continental United States (including 49 states and the District of Columbia), Alaska, Puerto Rico, and the U.S. Virgin Islands. The Bahamas, Canada, and Mexico are in the NORTHCOM area and its command is responsible for coordinating with them. Furthermore, the command serves as the U.S. component of NORAD. NORTHCOM is also responsible for a large portion of the Caribbean and Arctic.

The command performs a variety of homeland defense and civil support missions related to homeland security. In particular, the military is responsible for protecting its own assets in the homeland. The military calls this “force protection,” which includes “actions taken to prevent or mitigate hostile actions against DoD personnel (to include family members), resources, facilities, and critical information in an all hazards environment. Force protection measures can be defensive in nature, such as those used to reduce force and installation vulnerability to terrorist attacks or protect against CBRNE [chemical, biological, radiological, nuclear, and high-explosive] effects, or offensive, such as those taken to prevent, deter, and respond to terrorism.”⁵ These duties comprise homeland security–related functions, including early warning, counterterrorism, critical infrastructure protection, and disaster response and recovery.

In addition to protecting military personnel and assets, the command supports other federal agencies through its DSCA missions, including critical infrastructure protection and counterterrorism. NORTHCOM also has a classified mission to provide response to certain terrorist threats on the homeland.

Civil support for disaster response constitutes a major DSCA mission for NORTHCOM. This includes responding to both natural (hurricanes, floods, etc.) and human-made or technological (terrorist attacks or hazardous material spills) events. In accordance with the Posse Comitatus Act, military forces operating under NORTHCOM provide civil support, but not law enforcement support (unless authorized under the Restoration Act or exceptions to the Posse Comitatus Act—see discussion above).

NORTHCOM conducts most operational activities as joint task forces, military organizations organized to perform specific missions, including units from more than one armed service. These organizations can either be “standing” joint task forces—in other words, permanent activities—or “temporary” commands established for particular missions. In response to Hurricane Katrina, for example, General Honoré commanded Joint Task Force Katrina, which had responsibility over all Title 10 forces assisting in response and recovery operations.

Several standing headquarters could be involved in homeland defense and DSCA missions. These are Joint Force Headquarters National Capital Region, Joint Task Force Alaska, Joint Task Force Civil Support, and Joint Task Force North. In addition to these joint commands, there are several service commands under NORTHCOM that could either provide forces to existing joint task forces or establish their own. These include Army North, Air Force North, Marine Forces North, and U.S. Fleet Forces Command.

Joint Force Headquarters National Capital Region provides land-based homeland defense, DSCA, and emergency incident management for all military activities in the National Capital Region, which includes the metropolitan area of Washington, DC, Alexandria and Arlington, Virginia, and parts of Maryland.

Joint Task Force Alaska provides command and control for Title 10 forces performing homeland defense or DSCA missions in Alaska.

Joint Task Force Civil Support provides a command and control organization that could be deployed to manage Title 10 forces in a major multijurisdictional CBRNE incident.

Joint Task North conducts operations related to border security and fighting drug trafficking and related transnational crimes on the U.S. Southwest border.

State National Guard

Each state and territorial National Guard headquarters commands its Army and Air Force National Guard units on either state duty or Title 32 status, and maintains capability to act as or form a joint task force headquarters. The state guard is commanded by the adjutant general (TAG), an Army or Air Force general. In some states, the TAG wears additional “hats,” such as serving as the state chief emergency management officer.

The size and composition of units in a state or territory vary significantly. National Guard forces are stationed at facilities called armories. These installations are used for storing equipment, training, and mobilizing personnel, as well as command and control facilities.

FORCES AVAILABLE

All military forces regardless of status could potentially be deployed to support homeland defense or civil support missions. Some units and activities are specifically trained and tasked to support homeland security missions. Others are “general purpose” forces (organized, trained, and equipped to perform functional tasks, such as an aviation or infantry unit) which can be tasked to conduct homeland security–related missions.

Of particular note are units specifically organized, trained, and equipped to perform highly specialized and dangerous CBRNE missions, far beyond the capabilities of most state and local emergency agencies. These units include the following.

Chemical and Biological Incident Response Forces

This unit, referred to as CBIRF, is organized and maintained by the U.S. Marine Corps. It includes about 400 Marine and Navy personnel. Their mission is classified but thought primarily to support consequence response missions in the United States. For example, the unit routinely conducts exercises with the Joint Task Force National Capital Region.

Technical Escort Unit

Organized and managed by the Army, this unit’s missions are mostly classified. It consists of several hundred personnel trained and equipped to provide advice on chemical/biological incidents; conduct sampling, detection, monitoring, limited decontamination and escort of weapons; render weapons safe; and dispose of some hazardous materials. The unit has been deployed, for example, in national security events such as the Super Bowl.

Defense CBRNE Response Force

This unit replaces CBRNE Consequence Management Response Forces, or CCMRFs. Comprising about 5,000 personnel, it is assigned to NORTHCOM to provide command and control, assessments, search and rescue, emergency medical assistance, security, and logistical support. The unit, a designated Title 10 response force, provides a national disaster response asset that can be dispatched immediately to major incidents and supplemented later by general purpose forces if needed.

Homeland Response Forces

Each such unit, often called an HRF, is assigned about 600 personnel. It performs functions similar to the Defense CBRNE Response Force, but with less capability. One of these units is to be located in each FEMA region. Personnel in the HRF are from the Air Force and Army National Guard. The units can be deployed in state duty, Title 32, or Title 10 status. In 2011 these units were still being formed, trained, and equipped. The first two were to be established in the states of Washington and Ohio.

CBRNE Enhanced Response Force Packages

Usually called CERFP, these organizations provide trained personnel for search and rescue, decontamination, and emergency medical missions. The forces would be assigned in states with no HRF. Each force consists of about 200 personnel from the Air Force and Army National Guard. It can be deployed in state duty, Title 32, or Title 10 status. There are 15 CERFP states: New York, Massachusetts, Pennsylvania, West Virginia, Colorado, California, Texas, Illinois, Missouri, Florida, Hawaii, Virginia, Georgia, Minnesota, and Nebraska.

Civil Support Teams

Formerly called WMD-CST, civil support teams (CSTs) are intended to provide civil authorities an immediate capability to identify CBRNE agents and substances; assess their consequences; advise on response measures; and assist with requests for additional support. With 22 Air Force and Army National Guard personnel in each team, they are often described as a “governor’s 9/11 force for WMD.” In 2011 there were 56 teams. California, Florida, and New York each have two teams. Other states and Puerto Rico, Guam, and the U.S. Virgin Islands have one team. The teams are meant to serve in state duty or Title 32 status and not be deployed outside the United States.

CONCEPT OF MILITARY OPERATIONS

In most cases the concept of DSCA missions for homeland security anticipates that the military will be asked to provide resources by another agency or jurisdiction. For smaller scale incidents, these requests are normally made through the Defense Coordinating Officer (DCO) and support team Defense Coordinating Element (DCE). These are small teams of military personnel assigned to NORTHCOM and collocated with FEMA headquarters in each FEMA region.

The DCO usually serves as the DOD’s point of contact at the Joint Field Office (JFO), established to manage requests for federal aid from local jurisdictions, states, and territories. It is managed by a federal coordinating official—usually from FEMA. The JFO sorts requests by Emergency Support Function and coordinates with the DCE to determine appropriate requests for DOD assets. The DCE validates the requests and forwards them. If the defense assets deployed are modest, they are usually commanded and managed by the DCO. Emergency preparedness liaison officers (EPLOs) from the services could be dispatched to states and FEMA regions to supplement the DCE or provide liaison with state National Guards or others.

State National Guard forces (in state duty or Title 32 status) can also be requested through the state emergency management system to the state adjutant general (a similar process is used in U.S. territories). State National Guard forces can also support and provide forces to one another via mutual assistance compacts. The National Guard Bureau often helps coordinate requests for mutual assistance.

When an incident exceeds the capabilities of local, state, and federal agencies, and the need for Title 10 forces rises to significant levels, NORTHCOM becomes involved. Since Hurricane Katrina, NORTHCOM has evolved the principle of anticipatory response. In the event of major incidents, the command attempts to anticipate and prepare or preposition assets that might be requested by states and local authorities.

Major NORTHCOM engagement may be required when emergencies exceed the capacity of the DCE to manage, the disaster is large scale, or multiple jurisdictions are involved. Under these circumstances NORTHCOM may assign responsibilities for establishing a joint task force to command forces or create a joint task force headquarters. During a CBRNE event, for example, a state National Guard headquarters might be designated a joint task force and command the HRF (which in turn would command the CERFP and CSTs in its area of responsibility). If a regional multistate response were necessary, as was the case in the hurricane response led by General Honoré, a larger organization might be called on to organize the joint task force, such as Army North.

The multiplicity of organizational options is meant to provide flexibility in organizing the military response. Through the joint task force concept, the military can provide different kinds of capabilities, different size units, and capacity to cover different geographic size areas.

Whether deploying small teams or tens of thousands of troops, a myriad of decisions and actions must occur, many involving coordination with civilian agencies and activities. For example, when military forces are deployed, standing rules for the use of force must be issued.

CHAPTER SUMMARY

The U.S. military can provide many capabilities and resources to support homeland security–related missions. The authorities and organizations for these missions are designed to be flexible, adopting to the scale and character of support needed. Military assets are intended to supplement, not supplant, the authority and resources of federal, state, and local officials. However, in large disasters and WMD attacks, the military may provide powerful resources unavailable elsewhere.

CHAPTER QUIZ

1. Why is the Coast Guard not considered part of forces that perform civil support missions?

2. What law provides the president the broadest discretionary authority in using military forces in the homeland?

3. In what major statuses can National Guard units operate?

4. What is a joint task force?

5. What international military organizations are involved in U.S. homeland defense?

NOTES

1. Described in William Hogeland, “Early American Insurrections,” in A Companion to American Military History, ed. James C. Bradford, vol. 2 (West Sussex, UK: Wiley-Blackwell, 2010), pp. 619–639.

2. Department of Defense, Strategy for Homeland Defense and Civil Support, June 2005, www.defense.gov/news/Jun2005/d20050630homeland.pdf, 5.

3. Ibid.

4. The section on NORAD is adapted from James Jay Carafano, Jena Backer McNeill, and Richard Weitz, “Expand NORAD to Improve Security in North America,” Backgrounder No. 2442, July 27, 2010, thf_media.s3.amazonaws.com/2010/pdf/bg2443.pdf

5. Department of Defense, Strategy for Homeland Defense, 17.