Tag National Guard

Defense Support to Civil Authorities (or, how to apply the National Guard)

Tim Riecker, The Contrarian Emergency Manager 1 Comment

The recent militia activity in Oregon has spurred many to demand a swift response to the groups’ armed holding of a federal wildlife refuge office.  Included in the discussion has been several instances of chatter on Twitter and other social media, demanding/suggesting/requesting that the National Guard be deployed to address the situation.  Those who have mentioned this don’t appear to have any background in public safety or the military, so I’ve politely explained that the incident is occurring on federal property and that the National Guard is a state asset, which is generally not authorized to act on federal property.  Seeing how I can’t fit much more of an explanation into 140 characters, I’ve decided it is probably a good topic to blog about.

In case you aren’t familiar, I first offer an explanation of the differences between National Guard forces and United States military forces.  Broadly, here are the differences… National Guard forces are created by Title 32 of the United States Code, whereas our US Armed Forces are created by Title 10 of the United States Code.  Very often, when military and emergency management folks talk about military forces active during a domestic emergency, they will mention that they are either ‘Title 10’ or ‘Title 32’.  The primary distinction is that Title 32 National Guard forces are under the control of the Governor of that state, whereas Title 10 military forces are under control of the President.  There is also a distinction of State Active Duty, which puts the forces under command of the Governor but with limited protections and paid by the state (which is often times lower and does not contribute to their federal retirement).  Title 32 does afford some federal law provisions and protections of the Guard forces, including federal pay.

Federal military resources (Title 10) are restricted from using force domestically by way of the  Posse Comitatus Act, unless specifically authorized within a very specific set of guidelines.  While the Posse Comitatus Act does not include Title 32 forces, it is with rare occasion that National Guard forces are used in such capacity, with an emphasis often being placed on the difference between ‘security’ and ‘law enforcement’.

As with any resources which are under the direction of the state (i.e. the Governor) or a local authority (such as a sheriff or mayor), these resources are not permitted to operate on Federal property unless specifically requested.  Federal property is just that – federal property.  A great number of federal agencies have their own law enforcement in some form, typically for enforcement related to their own mission and regulations.  Federal facilities with no organic law enforcement (or those choosing or not able to use their own law enforcement capabilities for such) utilize the Federal Protective Service (FPS) for security of federal facilities, which is a component of the US Department of Homeland Security.

The Defense Support to Civil Authorities (DSCA) mission of the National Guard is vitally important to our nation’s ability to respond effectively to major emergencies.  Deployed domestically under the authority of each state’s governor and under the direction of each state’s adjutant general, National Guard forces are able to accomplish a variety of missions in support of local domestic operations.  They are effective not only as a force multiplier to augment local resources, but also bring very specific skill sets and resources in engineering, hazardous materials operations, medical operations, and other mission areas.  The key for public safety officials who are considering submitting a request for National Guard assistance to the state emergency management agency is knowing what problem you need solved and how you want to apply National Guard assets.

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Exercise operations of the 19th CBRNE Enhance Response Force Package (CERF-P), Indiana National Guard

A great training resource, especially for emergency management and public safety personnel who aren’t familiar with all the ins and outs of military resources that can be applied during a disaster, is IS-75 Military Resources in Emergency Management, provided free of charge by FEMA’s Emergency Management Institute.  I’m proud to have been an early contributor to this much-needed training course.

Interested in training in DSCA operations or in integrating them into your plans?  We are happy to help!

© 2016 – Timothy Riecker

Emergency Preparedness Solutions, LLC

Dual Status Command – An Evolution of Military Engagement in Domestic Emergencies

Tim Riecker, The Contrarian Emergency Manager 2 Comments

The publication Homeland Security Today has an analysis on dual status command, and the fight that states had to preserve their right to maintain control of National Guard forces – particularly in the event of a domestic emergency.  Most people don’t even realize the difference between National Guard and ‘Regular’ Army forces, so what difference does it make?  It’s a huge difference! 

Broadly, here are the differences… National Guard forces are created by Title 32 of the United States Code, whereas our US Armed Forces are created by Title 10 of the United States Code.  Very often, when military and emergency management folks talk about military forces active during a domestic emergency, they will mention that they are either ‘Title 10’ or ‘Title 32’.  The primary distinction is that Title 32 National Guard forces are under the control of the Governor of that state, whereas Title 10 military forces are under control of the President.  There is also the distinction of State Active Duty, which puts the forces under command of the Governor but with limited protections and paid by the state (which is often times lower and does not contribute to their federal retirement).  Title 32 does afford some federal law provisions and protections of the Guard forces, including federal pay.

A soldier or airman activated in one status can not command a soldier or airman activated in another status.  This has created some problems when federalized (Title 10) troops have been deployed to a disaster area and are working directly with National Guard (Title 32) troops.  First off, much of the problem actually stems from emergency management and public safety folks who aren’t aware of the difference (even if you knew the difference between Title 10 and Title 32, you really can’t tell the difference by looking at the soldier).  So when state or local emergency managers (perhaps from an EOC), make a request for military forces who have been assigned to the area, those requests, depending on the unit, must be handled differently.  Additionally, coordination between Title 10 and Title 32 isn’t as smooth and efficient as it should be.  On the surface, it seems like a silly problem, but the legalities behind it are significant.

The solution to this confusion represents a brilliant compromise and an evolution in how military forces as a whole are led and coordinated jointly in the event of a domestic emergency – dual status command.  Under dual status command, a commanding officer (likely a general’s rank) approved by both the President and the governor of the state in question, is appointed to control all forces – Title 32 and Title 10 – assigned to a domestic emergency within a state.  At the time this concept was put forward I had significant interaction with National Guard forces and USNORTHCOM – the concept was the proverbial talk of the town, and largely all positive.  It was seen as a great step forward and an excellent compromise, maintaining the integrity and legality of both the Title 10 and Title 32 status.  The concept is trained and exercised, keeping military commanders up to date on the best ways to integrate forces, not only between federalized troops and National Guard forces, but also integration, interaction, and coordination with first responders.  The Defense Support to Civil Authorities (DSCA) mission is vitally important to our nation’s ability to respond effectively to major emergencies, and now our joint military forces have another tool to make them more effective in that mission area.

A great training resource, especially for emergency management and public safety personnel who aren’t familiar with all the ins and outs of military resources that can be applied during a disaster, is IS-75 Military Resources in Emergency Management, provided free of charge by FEMA’s Emergency Management Institute.  I’m proud to have been an early contributor to this much-needed training course.

The Monster Mash – What’s with the Zombie Thing in Emergency Management?

Tim Riecker, The Contrarian Emergency Manager Leave a comment

In May of 2011 the Centers for Disease Control (CDC) unleashed its Zombie Preparedness campaign upon the world.  This campaign took off like a flesh-eating monster, encouraging preparedness throughout the nation and prompting similar campaigns in other countries.  My guess is that the CDC took a creative prompt from the current pop culture zombie craze (mostly fueled by AMC’s The Walking Dead series – yep, I’m a big fan – note: season 3 starts on October 14th) as well as from the common sense, yet tongue-in-cheek group known in Zombie Squad.  Zombie Squad, whose website says they have been around since 2003.  ZS (as they are known) “… is an elite zombie suppression task force ready to defend your neighborhood from the shambling hordes of the walking dead.” “When the zombie removal business is slow we focus our efforts towards educating ourselves and our community about the importance of disaster preparation.”

So how does this all make sense?  Actually, it fits very well.  Contrary to the other monster fad currently sweeping the globe – vampires – which seems to be intent on teenage-level love stories, this zombie business is serious, really.  The Walking Dead has spurred many conversations in on-line discussion boards and in my own home about people functioning and surviving when society has crumbled around them.  Zombieism is also a disease, so all the concepts that go with a major disease, such as transmission prevention, isolation and quarantine, treatment, vaccination, etc. all apply.

From a preparedness angle, the zombie concept works well. On the CDC website, their director, Dr. Ali Khan explains “If you are generally well equipped to deal with a zombie apocalypse you will be prepared for a hurricane, pandemic, earthquake, or terrorist attack.”  They then further encourage people to get a kit, make a plan, and be prepared.  It’s great that we’re all using the same message!  The Zombie Squad website also encourages the same.

Now how about from the prospective of emergency response and emergency management folks?  Surely, we can’t be swayed by this pop culture silliness as well?  We sure can – and I think it’s great!  For many of the same reasons explained earlier, we can draw many similarities between a zombie attack and an actual incident.  Sure, we take some liberties and we have a little fun with it, but why can’t we?  A successful exercise is one that tests our objectives, is it not?  Drawing the scenario similar to a pandemic or hazardous materials type of incident, agencies are testing objectives related to mass casualties, mass fatality management, isolation and quarantine, public messaging, incident command, crowd control, looting, disease prevention, points of distribution, etc.  So many times I had heard from those who taught me ‘the art of exercises’, that the scenario really doesn’t matter, it’s all about the objectives.  Sure, in the past we’ve always given consideration to the scenario being realistic so that the participants buy into it, but I think many can totally get into the zombie thing.  This local exercise is using the zombie theme later this month (they are even giving prizes for things such as ‘best zombie walk’ to encourage volunteers to come for this, and yes, they are holding a ‘Thriller’ dance!), and you’ve probably seen articles on National Guard and Department of Defense units using a zombie attack as their scenario.

Bottom line, it’s fun, it’s effective, and it’s a graveyard smash!