NORTHCOM Adaptive Headquarters Brief

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Prepared for Disaster? Improving the DODs
Immediate Response Authority
Major Eric Leshinsky, USAF Student, Homeland
Security and Defense Naval Postgraduate School,
Monterey CA
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OVERVIEW

• Homeland Security/Defense National Goals and
  Objectives
• The National Preparedness System and Scenarios
• Defense Support to Civilian Authorities (DSCA)
  Overview
• DSCA and the DODs Immediate Response Authority
  (IRA)
• Why should the DoD have an IRA provision?
• Historical Look
• Legal and Other Issues
• Current Barriers to IRA Effectiveness
• The Road Ahead Improving the DODs IRA

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National Goals and Objectives
Goal 1 (should be) Learn from disasters (such
as Oklahoma City Bombing/911/Katrina) and
address preparedness and capability gaps at
local/state/federal levels Emergency
Preparedness and Response We must prepare to
minimize the damage and recover from any future
terrorist attacks that may occur despite our best
efforts of prevention. An effective response to a
major terrorist incident--as well as natural
disasters--depends on being prepared. (Ref
National Strategy for Homeland Security, 2002)
Are we prepared? and How can we improve?
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Definitions Lead Federal Agencies
Homeland Security (HS) A concerted national
effort to prevent terrorist attacks within the
U.S., to reduce vulnerability to terrorism, and
to minimize the damage and recover from attacks
that do occur. DHS is the lead federal agency
(LFA) for incident management in the United
States. (Ref National Strategy for Homeland
Security, 2002) Homeland Defense (HD) 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 DOD is responsible for homeland
defense. (Ref Office of the Undersecretary of
Defense for Homeland Defense, 2006)
Could the DOD be a LFA for HS if so, when?
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Homeland Security- Scenarios
(1) A military commander receives a request from
a local emergency management officer to send fire
trucks off base to help fight a large grass fire
that threatens northern neighborhoods of a city.
(2) A tornado has just hit a city 20 miles from a
DoD installation. The city mayor has requested
local DoD medical, fire, and manpower support to
help save lives and mitigate human suffering.
(3) A bomb has exploded and destroyed a local
government building. The city police chief has
asked a nearby DoD facility to send security
personnel to help secure the site and assist
local police secure other local critical
infrastructure.
Can the DoD respond?
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YES!

• Through the DoDs IRA provision, local military
  commanders (and
• responsible officials of other DOD Components)
  are authorized to take
• necessary action to respond to requests of
  civil authorities.
• IRA actions are authorized when imminently
  serious conditions
• necessitate immediate action to save lives,
  prevent human suffering,
• mitigate great property damage.
• (Ref DOD Directives 3025.1 and 3025.15, Stafford
  Act (42 USC 5121), and The National Response
  Plan)

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Homeland Security- Scenario

• A major hurricane has just hit a major U.S.
  geographical area
• Local/State first response is haphazard and/or
  overwhelmed
• The federal government is awaiting official
  requests for assistance
• Media coverage of the area depicts massive
  property damage and great human death and ongoing
  pain/suffering
• A DoD installation is less then 100 miles from an
  area hard hit. The installation has medical,
  fire, security, logistical equipment and
  personnel ready to respond.
• The installation commander has not received a
  request for assistance.
• Can the local DoD installation
• respond?

NO!
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Federal Framework and Military Domestic Operations

• National Strategic Objectives for HS (in order of
  priority)
• 1) Prevent terrorist attacks within the U.S.
• 2) Reduce Americas vulnerability to terrorism
• 3) Minimize the damage and recover from attacks
  that do occur
• (Ref National Strategy for Homeland
  Security)
• Federal Disaster Preparedness and Response
• DHS is the lead federal agency
• Responsible for NRP, NIMS, and Preparedness Goals
  (IAW HSPD 5/8)
• DOD Disaster Preparedness and Response
• The U.S. military has remained a major resource!
• Organizations (ASD-HD, JCS, COCOMs, Services,
  EPLOs)

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Federal Framework and Military Domestic Operations

• DOD Disaster Preparedness and Response
• Primary Military Guidance Strategy for HD/CS
  J-Pub 3-26, Homeland Security DoD 3025.1-M,
  Manual for Civil Emergencies other DoD
  Directives
• Homeland Defense/Civil-Support Objectives (in
  order of priority)
• 1) Achieve maximum awareness of potential threats
• 2) Deter, intercept, and defeat threats at a safe
  distance
• 3) Achieve mission assurance
• 4) Support civil authorities in minimizing damage
  from CBRNE attacks
• 5) Improve national/international capabilities
  for HD and HS
• (Ref Strategy for HD and Civil Support)
• Disaster Response Mechanisms
• 1) DSCA Construct (JDOMS, COCOM, JTFs, Military
  Services, EPLOs)
• 2) Local DOD Units (under the DODs Immediate
  Response Authority)

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Immediate Response Authority(Current Rules of
Engagement)

• Local/State Civil Authorities must provide
  official verbal or written request for assistance
  (verbal must be later provided in writing)
• Requests may be made to the nearest DOD Component
  or military commander
• Commanders do not need to seek higher approval
  authority due to imminently serious conditions
• Commanders should advise Higher HQ ASAP
• Support should be provided on a cost-reimbursable
  basis if possible, but inability/unwillingness to
  reimburse should not result in delaying or
  denying response
• Period of support should normally not exceed 72
  hrs
• (Ref DoD Directives 3025.1 and 3025.15)

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Immediate Response Authority

• All requests by civil authorities for DOD
  assistance shall be
• evaluated by approval authorities against the
  following criteria
• Legality (compliance with laws)
• Lethality (potential use of force by or against
  DOD forces)
• Risk (safety of DOD forces)
• Cost (who pays, impact to DOD budget)
• Appropriateness (whether the mission is in the
  best interest for the DOD to conduct)
• Readiness (impact on DODs ability to perform
  primary mission)

(Ref DOD Directive 3025.15)
However, DOD assistance under IRA should not be
delayed!
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Immediate Response Authority

• IRA may include DOD assistance to meet the
  following types of needs
• Rescue, evacuation, and emergency medical
  treatment of casualties, maintenance or
  restoration of emergency medical capabilities,
  and safeguarding the public health.
• Emergency restoration of essential public
  services (including fire-fighting, water,
  communications, transportation, power, and fuel).
• Emergency clearance of debris, rubble, and
  explosive ordnance from public facilities and
  other areas to permit rescue or movement of
  people and restoration of essential services.
• Recover, identification, registration, and
  disposal of the dead
• Monitoring and decontaminating radiological,
  chemical, and biological effects controlling
  contaminated areas and reporting through
  national warning and hazard control systems
• Roadway movement control and planning
• Safeguarding, collecting, and distributing food,
  essential supplies, and materiel on the basis of
  critical priorities
• Damage assessment
• Interim emergency communications
• Facilitating the reestablishment of civil
  government functions

(Ref DOD Directive 3025.1)
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National Preparedness System (Lead Federal
Agencies)

• Maritime Security
• Wildland Firefighting
• Air/Sea Disasters
• Disease Eradication
• Radiological Accidents
• Postal Augmentation

• Incident Management
• Civil Disturbances
• Mass Migration
• Counter-Drug

• Disaster Relief Storms
• Earthquakes
• Floods
• Ice and Snow

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Homeland Security/Defense clearly requires a
total federal effort
Bottom-line Goal Protect America and its
people prior to, during, and after disasters
strike!
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DODs Role in Homeland Security/Defense is
Critical
DoDs 1 Priority
Extraordinary Circumstances
Unique Area ofResponsibility SpecializedCapabil
ities
Temporary Circumstances
Emergency Circumstances
y
t
i
r
u
c
S
Execute OPLANS
Domestic Disaster Relief
Domestic Civil Support
Counter Narcotics Counter Terrorism
CBRNE Consequence Management
SpecialEvents
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National Response Framework
Federal Response and Assistance Critical
Problem Time (First 72hrs) Partial Solution
IRA
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The DoD actually has a 2-Tier Disaster Response
Capability
Event
Presidential Declaration
Commanders Decision
Immediate Response
10 Day Rule
MOU/MOA
Disaster/ Emergency
NRP
Save Lives Mitigate Great Prop Damage Prevent
Human Suffering
Installation Level
Military Only
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Tasking Flowchart
Declared Disaster?
Local/State/Fed Agency Request for Assistance
Immediate Response Requested?
No
Yes
No
Yes
DCO
Must Consider if Actions will Save lives
Prevent human suffering Mitigate great property
damage
DOD Installation
JDOMS
JDOMS ASD/HD
NORTHCOM
DOD Component
HQ/Element
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The Future of DODsImmediate Response Authority

• Critical Challenge Integrated Use of Military
  Capabilities
• Recommendation 23
• DOD should revise its Immediate Response
  Authority (IRA) policy to allow commanders, in
  appropriate circumstances, to exercise IRA even
  without a request from local authorities. DOD
  should work with DHS and State officials to
  improve integration of military response
  capabilities.
• (Ref The
  Federal Response to Hurricane Katrina--Lessons
  Learned, Feb 06)

Is the DoD prepared for this role/mission?
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Why Should the DoD have an Immediate Response
Authority?

• Long history of domestic consequence mgmt/DSCA
• Capabilities unlike no other (A/C, UAV,
  logistics, etc.)
• Huge federal force (3M)
• Huge footprint (2,900 DOD sites in all 50
  states)
• Critically trained (SABC, Firefighting, SF,
  Comm, etc.)
• Critical experience (IEDs, terrorist tactics,
  threat
• working groups, M.A.R.Es, etc.)
• Trained to deploy (Recalls, deployment lines,
  etc.)

Fills a critical capabilities gap in immediate
responses to domestic emergencies!
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What Are the Current Barriers Challenges to
Effective IRA?

• STRATEGIC POLICIES/GUIDANCE
• DOD directives governing IRA are outdated
  (1993/1997)
• DOD guidance is lacks critical details/guidance
• Civilian authority requester/DOD approval
  authority is too broad
• AORs are not defined and/or de-conflicted
• Limited reference in the National Response Plan
  (NRP)
• DOD Planning is not centralized (NORTHCOM does
  not oversee or
• manage IRA dependent on services to oversee
  and supplement)
• IRA Familiarization both w/in Federal agencies
  (DOD/FEMA/DHS)
• and State/Local agencies (elected officials,
  state/local EMO, first
• responders)
• 28 of U.S. Cities do not have IRA plan (183
  cities polled/Jul 06)
• OPERATIONAL/TACTICAL ISSUES
• MOU/As will vary by base/service (needs to be
  standardized)
• Transformation and civilian labor contracts may
  limit response
• DOD mission comes first what if CI is impacted
  or lives at stake?

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Immediate Response Authority(Actions for Today)

• Improve effectiveness of the DODs IRA
• Clarify IRA ROEs
• Expand IRA guidance in NRP
• Expand IRA planning and DOD participation in
  National Incident
• Management (NIMS) and Command Systems (ICS)
• Provide training/handbook to civil authorities
  and DOD
• personnel (commanders, on-scene commanders, and
  personnel)
• Ensure all local critical infrastructure is
  included in MOU/As
• Centralize oversight and chain-of-command of IRA
• USNORTHCOM/USPACCOM (Planning/Training/Inspectio
  ns)
• Clarify AORs, standardize MOU/As, and mandate
  mutual aid
• agreements between all DOD installations/agencie
  s within AORs to
• improve unity of effort/reduce potential
  duplication of response
• Evaluate the role/effectiveness of current DSCA
  liaison positions

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Immediate Response Authority(Actions for Today)

• Mandate local IRA planning, training and
  exercises
• Establish lessons learned/best practice
  forums/database
• Evaluate and address legal issues related to IRA
• Mandate DOD installations identify and posture
  IRA response teams
• of various size and capabilities (i.e. Air
  Force Augmentee Program)
• DOD should oversee armed services
  transformation efforts and
• evaluate its potential impact on Homeland
  Security missions,
• including IRA
• NORTHCOM should consider adopting PACCOMs
  JTF-HD concept
• of operations Concept involves organizing all
  military facilities and
• infrastructure in Hawaii into "Base Clusters"
  to facilitate planning,
• prioritization of efforts, and coordination
  with civilian agencies.

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Immediate Response Authority(Actions for the
Future)

• Continue to refine IRA doctrine, planning,
  training, and preparedness
• Do local/state first responders always need to
  be overwhelmed?
• Are official civilian requests always
  necessary/appropriate?
• Will DOD mission priorities always take priority
  over response?
• Does IRA end once a federal disaster has been
  declared?
• Evaluate reimbursement policies related to DSCA
  (including IRA)
• Federal budgeting may help improve IRA
  effectiveness
• HS grants should mandate DOD participation/coordi
  nation
• Continue to evaluate and assign specific DOD
  units for Homeland
• Security roles/missions, as needed
• Future BRAC criteria should include impact to
  IRA operations
• Continue to examine what different
  roles/missions will be assigned to
• the Active, NG, and Reserve components
  (including DOD civilians)

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Homeland Security (Potential Future Scenarios)

• Manmade Disasters
• Conventional attacks by state/non-state actors
• Multiple terrorist attacks (IEDs, shopping
  centers, Snipers)
• Chemical/biological/nuclear mishap
• Riots

• Natural Disasters
• Hurricane, Tornado, Flood/Drought, Earthquake,
  Tsunami, Fire
• Multiple-events

Our National Response System must be Ready!
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Immediate Response Authority
BOTTOM-LINE The DOD currently plays a direct
and vital role as a first responder to domestic
disasters (natural and manmade) through the DODs
Immediate Response Authority! We must be better
prepared for the next Katrina, 9/11, or ????
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Immediate Response Authority
???