Defense Support to Civil Authorities, Surveying Institutional Challenges

Since the attacks on 9/11 and the subsequent establishment of the Department of Homeland Security, the Department of Defense (DoD) has struggled with its role in Defense Support to Civil Authorities. Although most disasters can be handled by first responders and mobilized state National Guard units, catastrophic regional disasters or terror attacks could quickly overwhelm those resources triggering a large-scale total force response from the DoD. The current framework, while adequate for the majority of the disasters that affect the nation, may prove itself insufficient for the day given the modern threat to the homeland. Institutional challenges prevent the rapid designation, preparation, and employment of military forces to support civil authorities when a national disaster occurs. These challenges are the consequence of both statutory provisions that restrict the development of an adequate command structure and operating requirements that prevent preparation for incident response from receiving adequate attention. Effective disaster response requires a collaborative effort across the interagency and between the Federal and State governments to anticipate and overcome challenges prior to an event. Though the Secretary of Defense recently reiterated the DoD's commitment to homeland security by allocating active duty forces to the mission, DoD assists civil authorities as a provider of last resort following exhaustion of local, state, and other federal resources. The responsibility of the DoD to support civil authorities under the National Response Framework requires forces dedicated and available for rapid deployment in order save lives, protect property, and mitigate the suffering of our citizens. However, the significance lies in the readiness and training of the total force to respond to future catastrophic events. This monograph assesses the relevance of the statutes that define DoD's constraints for conducting operations in the homeland and the adequacy of th