Defense Support to Civil Authorities

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1 Hurricanes Earthquakes Terrorist threats Public affairs professionals find themselves frequently supporting noncombat operations in support of civil authorities by providing on-the-ground communication expertise to communicate synchronized messages in concert with the agencies they are supporting. Commanders rely on their PAOs to work with non-dod agencies to simultaneously provide PA support to the unit and the agency in charge. To ensure success, a PAO must develop an understanding of the basic principles of military operations and the nuances of conducting PA activities in the homeland. During this lesson, we will cover foundational knowledge you will need as a PAO to understand your role in national emergencies or disasters. Photo courtesy of The Defense Information School, Fort George G. Meade, Maryland 1

2 National Guard and Support Before we dive into defense support of civil authorities and the national response framework, it is important for PAO's to be familiar with the National Guard since its military capability is often called upon first to support civil authorities in an emergency, and because active-duty forces will often work alongside the National Guard. This section of the Constitution states: To provide for organizing, arming and disciplining the Militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of officers and the authority of training the Militia according to the discipline prescribed by Congress. The National Guard traces its history back to the English colonies in North America. Responsible for their own defense, the colonists drew on English military tradition and organized their able-bodied male citizens into militias. Today's National Guard still remains a dual statefederal force. Let's take a closer look at the U.S. code describing the Guard's organization and function. Article 1, Section 8 of the U.S. Constitution ratified the militia, which later was designated as the National Guard. This section of the Constitution states: To provide for organizing, arming and disciplining the Militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of officers and the authority of training the Militia according to the discipline prescribed by Congress. The individual states maintain ownership and control of their respective National Guard organizations. Guard units, however, can be mobilized into federal service. Now let s take a look at the organization of the National Guard from a federal perspective as outlined in DOD Directive , National Guard Bureau. The National Guard Bureau was created as a joint activity of the Defense Department and consists of the Army and Air National Guards. Federally, the chief of the National Guard Bureau serves as a military advisor to the president, the secretary of defense, and the National Security Council. He is a member of the joint chiefs of staff and is the Department of Defense's official channel of communication to the governors and state adjutants general on all matters pertaining to the National Guard. The chief is the channel of communications between the services and the 50 states, three territories (Puerto Rico, Virgin Islands and Guam) and the District of Columbia. Additionally, the chief of the National Guard Bureau reports directly to the secretary of defense on readiness and equipment levels to prepare an annual plan for response to natural disasters and terrorist events. The chief is also a principal advisor to the secretary of defense on matters involving non-federalized National Guard forces on matters discussed in this lesson and by other matters determined by the secretary of defense. Let s switch gears and look at the Guard organization from the state point of view. Organization of the National Guard The chief of the National Guard Bureau is the channel of communication between the services and the 54 states and territories. Each state and territory has an adjutant general. Through the adjutants general, the chief communicates with the governors (United States code Title 32, sec. 314). The adjutant general is the military representative to and works for the governor. In many cases, the adjutants general have both an air and army assistant adjutant general that reports to them. In many The term state includes the fifty States, the U. S. Virgin Islands, Guam, Puerto Rico, and the District of Columbia. The term governor includes the governors of the several states, the Virgin Islands, Guam, the Commonwealth of Puerto Rico, and, in the case of the District of Columbia National Guard, the president or his designee. (DoDD Directive , 2.2) cases, the adjutant general is also in charge of the state s emergency management agency. The states adjutants general do not directly report to the chief of the National Guard Bureau, but work and coordinate with him. 2 The Center of Excellence for Visual Information and Public Affairs

3 National Guard and Support (continued) Each state has a joint force headquarters. The headquarters, referred to as the JFHQ-State, provides command and control of all National Guard forces in the state or territory for the governor, or, in the case of the District of Columbia, the Secretary of the Army. It acts as a joint headquarters for nationallevel response efforts during contingency operations (DoD Directive , ). When operating across both state and federal responses, there are typically three main statuses that a National Guard member could be in: State Active Duty (SAD), U.S. Code Title 32 (full-time National Guard duty) and U.S. Code Title 10 (active duty). The 2012 National Defense Authorization Act designated a "dual-status" commander, who, by law, can serve in two statuses, Federal and State, simultaneously while commanding forces in both Title 10 and Title 32. The intended benefit is to facilitate unity of effort between state National Guard forces and federal military forces in achieving common objectives in a disaster response or other national event. Since the National Guard is a dual state/federal force, its missions include homeland defense, homeland security, state missions and domestic missions. The status of a Guard member determines many things. If you take a look at Fig. 1, you can see how the status of the Guard members affects such issues as: who the commander in chief is for the Guard, where funding originates and what authority has oversight for military discipline. The above table gives a general overview of State Active Duty, Title 32 and Title 10 authorities as it applies to National Guard forces. The Defense Information School, Fort George G. Meade, Maryland 3

4 National Guard and Support (continued) National Guard Support The governor may activate elements of the National Guard. National Guard forces employed under State Active Duty or Title 32 status are under the command and control of the governor of their state and are not part of federal military response efforts. Full-time Title 32 National Guard duty refers to training or other duty, other than inactive duty, performed by a member of the National Guard. Title 32 is not subject to posse comitatus restrictions. of the United States with regular forces (10 U.S.C ). When mobilized under Title 10, the forces are no longer under the command of the governor. Instead, the Defense Department assumes full responsibility for all aspects of the deployment, including command and control over National Guard forces. Let s take a look at how this organizational structure fits into the puzzle that is the National Response Framework. In rare circumstances, the president can federalize National Guard forces for domestic duties under Title 10. Examples include: invasions by a foreign nation, rebellion against the authority of the United States, or where the president is unable to execute the law North Dakota National Guard's Spc Eric Sansburn of the Mayville, N.D. based 191st Military Company operates a traffic control point (TCP) at the intersection of 48th Avenue SE and Sibley drive south of Bismarck, N.D. on June 4, This TCP supports the dike construction on 48th Avenue which has been closed to all traffic except for vehicles hauling material for dike construction and providing other direct support to the flood flight. (photo by Bill Prokopyk, N.D. National Guard Public Affairs) 4 The Center of Excellence for Visual Information and Public Affairs

5 and the National Response Framework To support the National Strategy for Homeland Security, the armed forces of the United States, in accordance with guidance established in the National Military Strategy, conduct planning and operations to detect, deter, prevent and defeat threats and aggression aimed at the U.S., its territories, and interests, and to mitigate the impact of adversary actions. The DOD also provides defense support of civil authorities, including consequence management activities. The armed forces of the United States support the National Strategy for Homeland Security through two distinct but interrelated mission areas homeland defense and defense support of civil authorities. Homeland security, as defined in the National Strategy for Homeland Security, is a concerted national effort to prevent terrorist attacks within the United States, reduce America s vulnerability to terrorism, and minimize the damage and recover from attacks that do occur. The Department of Homeland Security is the lead federal agency for homeland security. 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. In addition, its responsibilities extend beyond terrorism to preventing, preparing for, responding to, and recovering from a wide range of major domestic disasters and other emergencies. It is the primary mission of the Department of Homeland Security to prevent terrorist attacks within the United States. The attorney general leads the U.S. law enforcement effort to detect, prevent, and investigate terrorist activity within the United States. Defense Support of Civil Authorities, often referred to as civil support or DSCA, is DOD support, including federal military forces, the Department s career civilian and contractor personnel, as well as DOD agency and component assets, for domestic emergencies and for designated law enforcement and other activities. The Department of Defense provides defense support of civil authorities when directed to do so by the president or secretary of defense. Key Players and Organizations Since the attacks of September 11, 2001, our government has retooled our organizational structure to ensure we are postured for success in meeting the security and preparedness demands of today s dynamic environment. It is important to note that our strategies and structure are fluid and will continue to evolve to meet emerging threats. Within DOD, the Assistant Secretary of Defense for Homeland Defense provides overall supervision of DOD s homeland defense activities. The establishment of the assistant secretary of defense for Homeland Defense was in response to a need for improved guidance and direction to DOD components on homeland defense and domestic operations. Chairman of the Joint Chiefs of Staff: The Chairman of the Joint Chiefs of Staff coordinates with and assists Northern Command, Pacific Command, the North American Aerospace Defense Command, and all other combatant commands with the strategic direction and planning for, as well as the execution of, homeland defense and domestic operations missions. U.S. Northern Command: Established in 2002, NORTHCOM is responsible for planning, organizing, and executing homeland defense and domestic operations missions within the continental United States, Alaska, and territorial waters. It also coordinates security cooperation with Canada and Mexico. In addition to the land masses of the United States, Canada, and Mexico, NORTHCOM s area of responsibility includes the coastal approaches, the Gulf of Mexico, Puerto Rico, and the U.S. Virgin Islands. U.S. Pacific Command: PACOM is headquartered in Honolulu, Hawaii. It has homeland defense and domestic operations responsibilities for Hawaii and U.S. territories, possessions, and freely associated states in The Defense Information School, Fort George G. Meade, Maryland 5

6 and the National Response Framework the Pacific. North American Aerospace Defense Command: NORAD is headquartered in Colorado Springs, Colorado. NORAD is a bi-lateral command responsible for protecting the North American airspace over the United States and Canada. Aerospace warning and control are the cornerstones of the NORAD mission. Other organizations: In addition to these organizations, all other regional and functional combatant commands, the military departments, and DOD elements contribute to the protection of the U.S. homeland from attack. Together with the functional combatant commanders, these regional commanders can also intercept and defeat adversaries intent on attacking U.S. territory. Of particular note, Strategic Command provides significant support to NORTHCOM, PACOM, and NORAD. Now that you have a better understanding of what defense support for civil authorities is, let s move on and discuss how it all fits into the National Response Framework. The National Response Framework The National Response Framework replaced the National Response Plan in March In Homeland Security Presidential Directive (HSPD)- 5, the president directed the development of a new National Response Framework, or NRF. The NRF is a guide to how the nation conducts all-hazards response. It is built upon scalable, flexible, and adaptable coordinating structures to align key roles and responsibilities across the Nation. As used in this framework, the term response includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency plans and actions to support shortterm recovery (NRF pg 1). The National Response Framework is comprised of the core document, the Emergency Support Function, Support, and Incident Annexes, and the Partner Guides. The ESFs serve as the primary operational-level mechanism to provide assistance in functional areas such as transportation, communications, public works and engineering, firefighting, mass care, housing, human services, public health and medical services, search and rescue, agriculture and natural resources, and energy. ESF #15 is external affairs, and includes: Emergency public information and protective action guidance Media and community engagement Congressional and international affairs Tribal and insular affairs An effective, unified national response requires layered, mutually supporting capabilities. Communities, tribes, states, the federal government, nongovernmental organizations, and the private sector should each understand their respective roles and responsibilities, and complement each other in achieving shared goals. Each governmental level plays a prominent role in developing capabilities needed to respond to incidents. Local Governments: Local police, fire, emergency medical services, public health and medical providers, emergency management, public works, environmental response professionals, and others in the community are often the first to detect a threat or hazard, or respond to an incident. They also are often the last to leave an incident site or otherwise to cope with the effects of an incident. The local senior elected or appointed official (the mayor, city manager, or county manager) is responsible for ensuring the public safety and welfare of residents. States, Territories, and Tribal Governments: State and local governments are closest to those impacted by incidents, and have always had the lead in response and recovery. States are sovereign entities, and the governor has responsibility for public safety and welfare. States have significant resources of their own, including state emergency management and homeland security agencies, state police, health agencies, transportation agencies, incident management teams, specialized teams, and the National Guard. 6 The Center of Excellence for Visual Information and Public Affairs

7 and the National Response Framework (continued) If resources may be exceeded, the governor can request assistance from the federal government and/or from other states through mutual aid and assistance agreements such as the Emergency Management Assistance Compact. agencies in the homeland defense mission and the close relationship to the Department of Homeland Security, homeland defense missions may be conducted with a lead federal agency other than DOD (JP 3-61 pg. IV-1). Federal Government: When an incident occurs that exceeds or is anticipated to exceed state, tribal, or local resources, the federal government may provide resources and capabilities to support the state response. For incidents involving primary federal jurisdiction or authorities (e.g., on a military base or a federal facility or lands), federal departments or agencies may be the first responders and first line of defense, coordinating activities with state, territorial, tribal, and local partners. The federal government also maintains working relationships with the private sector and nongovernmental organizations, who contribute to response efforts through engaged partnerships with each level of government. We ve covered quite a bit regarding how our nation is postured to defend itself against attack and how elements of our government work to respond to emergencies. But what does this mean to public affairs? Let s take a look. Service Response Procedures and Limitations (Public Affairs Support): As one would suspect, activities related to homeland defense draw massive international media interest and represent a significant need for information within our primary audience, the American public. Hence, PAOs must have an extensive understanding of these activities, the roles of each of the major players, as well as the communication strategies supporting these activities. The armed forces of the United States support the National Strategy for Homeland Security through two distinct but interrelated mission areas of Homeland Defense and Domestic Operations. For most Homeland Security missions, PA is conducted much the same way as we discussed in military operations and security cooperation activities. However, due to the involvement of other federal Domestic operations usually draw extensive media attention. Military PAOs operate in an interagency environment, with emphasis on cooperation, coordination, and unity of effort. News media access to domestic operations operational areas is subject to the approval of the lead federal agency. The lead federal agency or the ESF 15 officer has release authority. The military must coordinate all PA activities with the lead federal agency and comply with its public affairs guidance. The Department of Homeland Security Office of PA has primary responsibility for coordinating the federal incident communications effort. Generally, military support to civil authorities can be categorized into three areas: immediate response, state National Guard support, and DOD support. Immediate response: Except in cases of immediate response, DOD cannot support domestic operations without an official request from another federal agency or direction from the president. Immediate response is when local commanders can respond to save lives, prevent human suffering, or mitigate great property damage. Normally, a local joint information center, or JIC, is established for an event that may require immediate response. The PAO should work in concert with the local JIC to provide information to the media and public. DOD Support: Initial DOD PA involvement in DSCA will be through the defense coordinating officer (DCO)assigned to the applicable DHS/FEMA region involved and the defense coordinating element (DCE), if established. The DCO and the DCE process requirements for military support, forward mission assignments to the appropriate military organizations through DOD-designated channels, and assign military liaisons, as appropriate, to activated ESFs (JP 3-61 pg. IV-4). The Defense Information School, Fort George G. Meade, Maryland 7

8 and the National Response Framework (continued) PA personnel provide initial assessments of situation to the DCO, DCE, and combatant command PA staff in terms of requirements for personnel and equipment. They provide initial interface with other deployed federal public information officers, and serve as the DOD liaison for the media (JP 3-61 pg. IV-4). As the DOD response grows, PA personnel deploy with the operational command post or joint force lead element to coordinate DOD PA activities and involvement in the incident (JP 3-61 pg. IV-4). Other units tasked to deploy in support of domestic operations should also include a PA element in their headquarters staffs. This PA element should be prepared to actively engage the media to show how the unit is supporting the federal response (JP 3-61 pg. IV-4). Domestic operations are planned and executed in three phases, consistent with Department of Homeland Security operations. DOD PA support evolves as follows: Shaping: The DOD is rarely a first responder for domestic situations. In the shaping phase, PA manages expectations regarding DOD s response among both the public and the other responding agencies. PA activities include developing themes and messages that clearly explain the scope and timing of the DOD response. Engagement: This is the phase where military forces are actually on-scene supporting an incident and PA is actively informing the public about DOD activities via releases of information and imagery, press conferences, and site visits. Transition: This is the phase where military forces begin to disengage from incident response support. It is critical that PA activities in this phase articulate why DOD support is no longer required (JP 3-61 pg. IV-3-4). The Posse Comitatus Act of 1878 normally prevents federal military forces from directly participating in law enforcement activities. The act states: it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress However, state National Guard forces in state status may directly assist law enforcement. Having the respective PAOs speak for their forces will avoid confusion and potential misinformation regarding the role of the forces in the operation (MLR pg. 113). A Note About Posse Comitatus: The Posse Comitatus Act is the United States federal law (18 U.S.C. 1385, original at 20 Stat. 152) that was passed on June 18, 1878, after the end of Reconstruction and was updated in Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of federal government in using federal military personnel to enforce the state laws. Contrary to popular belief, the act does not prohibit members of the United States Armed Forces from exercising law enforcement agency powers within a state, police, or peace officer powers that maintain "law and order"; it requires that any authority to do so must exist within the United States Constitution or act of Congress (which it currently does not, except under the Insurrection Act).{Federalist 29 (Hamilton, 1788)} Any use of the armed forces under either Title 10/Active Duty or Title 10/Reserves at the direction of the president will offend the Constitutional law, also known as public law, prohibiting such action unless declared by the president of the United States and approved by Congress. Any infringement will be problematic for political and legal reasons. The bill/act as modified in 1981 refers to the armed forces of the United States. It does not apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The U.S. Coast Guard, which operates under the Department of Homeland Security, is also not covered by the Posse Comitatus Act, primarily because the Coast Guard has both a maritime law enforcement mission and a federal regulatory agency mission. 8 The Center of Excellence for Visual Information and Public Affairs

9 and the National Response Framework (continued) Public Affairs activities under the National Response Framework Joint Information Center: The joint information center is responsible for the coordination and dissemination of information for the public and media concerning an incident. JICs may be established locally, regionally, or nationally, depending on the size and magnitude of the incident. Through the ESF #15 External Affairs staff, JICs may be established at multiple locations if the nature and magnitude of the incident require. Co-location of the federal, state, tribal, and local JICs is encouraged. DOD should provide PA support to work in the JIC on a 24/7 basis, if necessary. Public Affairs Support Annex: The National Response Framework includes a detailed PA annex that describes the interaction among supporting federal agencies and operations of the federal JIC. The NRF Public Affairs Annex describes the responsibilities of federal organizations in public communications and designates the Department of Homeland Security as the lead federal agency for this function. For most events, DOD is in a support role. National Incident Communications Conference Line: The NICCL is a standing conference line designated, maintained, and supported by DHS Public Affairs as the primary means for interagency incident communications information sharing during an incident requiring Federal coordination. DHS Public Affairs provides guidance to federal interagency public affairs headquarters staffs and affected authorities through the NICCL. The goal of PA under the NRF is to ensure all federal agencies speak with one voice and to provide consistent, accurate information to the public. The lead federal agency develops the key messages and provides public affairs guidance. Supporting agencies conduct their respective PA operations in concert with this guidance and in coordination with the lead federal agency. Governor Edmund G. Brown, Jr. directed the California National Guard to deploy five specially equipped helicopters and trained guard personnel to the area to assist state and local firefighters as well as emergency management and mutual aid resources available through the California Emergency Management Agency to assist in fighting wildfires burning through northern California in July Significant fires were burning in three northern California counties, Placer, Trinity and Coulsa Counties and burned more than 30,630 acres, destroyed at least five structures and displaced hundreds of residents (U.S. Army photo by Sgt. 1st Class Jesse Flagg) The Defense Information School, Fort George G. Meade, Maryland 9

10 Conclusion As PAOs, you will be involved in many operations that involve assisting civil authorities. Having a clear understanding of your role as it relates to the many levels of leadership within the homeland operational framework is important for you to do your job effectively. Your commanders will lean heavily on you to communicate effectively. 10 The Center of Excellence for Visual Information and Public Affairs

11 References and Additional Resources JP 3-61 (2010) Public Affairs JP 1-02 (as amended through 31 Jan 2011) Dictionary of Military and Associated Terms JP 3-26 (2005) Homeland Security DODD (2012) Defense Support of Civil Authorities Robert T. Stafford Disaster Relief and Emergency Assistance Act (2007) National Response Framework (2013) National Response Framework External Affairs Annex for ESF #15 (May 2013) The Posse Comitatus Act of 1887 National Strategy for Homeland Security (2007) Strategy for Homeland Defense and Defense Support of Civil Authorities (2013) Military Law Review- The Posse Comitatus Act (2003) DODD (May 2008) National Guard Bureau DODD (Sept 2012) Defense Support of Civil Authorities Emergency Support Function is Standard Operating Procedures (2013) National Emergency Communications Plan (2008) The Defense Information School, Fort George G. Meade, Maryland 11