About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (December 08, 2020)

handle is hein.crs/govdcyj0001 and id is 1 raw text is: * Updated December 8, 2020 Defense Primer: Defense Support of Civil Authorities The U.S. military has a long history of providing support to civil authorities, particularly in response to disasters, but for other purposes as well. The Defense Department currently defines defense support of civil authorities as Support provided by U.S. Federal military forces, DOD civilians, DOD contract personnel, DOD Component assets, and National Guard forces (when the Secretary of Defense, in coordination with the Governors of the affected States, elects and requests to use those forces in Title 32, U.S.C., status) in response to requests for assistance from civil authorities for domestic emergencies, law enforcement support, and other domestic activities, or from qualifying entities for special event. (DOD Directive 3025.18). Defense support of civil authorities in response to disasters is typically carried out in accordance with the National Response Framework (NRF), which is a structure of preparedness that guides the nation in responding to domestic disasters and emergencies. The NRF is always in effect and its structures, roles, and responsibilities can be partially or fully implemented in response to a threat or hazard. It aims to produce a scaled response with appropriate coordination. Under the NRF framework, local and state governments are expected to put forth their best effort during incidents within their jurisdiction. They should only request federal assistance when their resources are overwhelmed. At that point, DOD may provide support in response to the Request for Assistance (RFA), typically as part of a broader federal response. Historically, defense support of civil authorities has been used in situations such as: * Response to natural disasters * Special events, such as presidential inaugurations * Border security * Oil spill response * The COVID-19 response For example, in 2017 DOD supported the federal government response to four disasters that occurred between August and December: Hurricanes Harvey, Irma, and Maria, and wildfires in California. DOD personnel supported the response by providing food, water, fuel, power and medical support. Another example of defense support of civil authorities has been DOD's deployment of active duty personnel to the southwest border in support to the Department of Homeland Security. The active duty personnel have performed a variety of missions including ground and aerial surveillance, road and fencing construction, transportation, maintenance, and communications support. National Guard personnel operating under the control of border state governors are providing similar support. Defense support of civil authorities in response to the COVID-19 pandemic is discussed in CRS Insight IN11305, COVID-19: Defense Support of Civil Authorities. Rsqust tfor Assac There are two distinct methods to initiate defense support of civil authorities: a request for assistance (RFA) from civil authorities, or the direct authorization of the President or Secretary of Defense. An RFA from civil authorities will come from the lead federal agency (such as the Federal Emergency Management Agency), and in some cases will be validated by a Defense Coordinating Officer (DCO). DCOs are assigned to the multi-agency coordination centers (joint field offices) established at domestic emergency incident sites. Figure 1 depicts how RFAs are generally processed, although requests may have nuances that can create variations in the RFA process. DOD evaluates requests based on six criteria: * Legality: compliance with the law * Lethality: potential for use of lethal force by or against DOD personnel * Risk: safety of DOD personnel * Cost: source of funding and effect on the DOD budget * Readiness: impact on DOD's ability to perform its primary mission * Appropriateness: whether providing the support is in the interest of DOD If the request is granted, DOD will coordinate with the requesting agency, FEMA, on-scene personnel and/or other response partners to determine the support to be provided. In certain circumstances, it may not be possible to secure timely approval for an RFA through the normal channels described above. In these cases, military commanders and certain DOD civilians have the authority to immediately respond to requests for assistance from a civil authority to save lives, prevent human suffering, or mitigate great property damage within the United States. (DOD Directive 3025.18) The official directing the response must notify the National Joint Operations and Intelligence Center of the details of the response and reassess the situation no later than 72 hours after receiving the request to determine if continued DOD support is necessary. -.-,'~-' *.~ \n\\\\\\\\\\\\\\\ \\ \\\ \\ \ L \ \ 1k \ \ \ \\ \ \ Q\\ \\\ \\\

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most