Historically, this has been an overseas mission and in these forward regions, the role of the American military is clear. As shown in Figure 4, this responsibility rests with the president as commander in chief and chief executive. This absence of clear lines of responsibility in the “seam” between “war” and “crime” is also an enabler for DOD because in most cases it will limit military involvement in law enforcement and allow DOD to focus on warfighting responsibilities. These threats are not new — they are well understood, with clear responsibilities within the federal government. The current embryonic nature of DHS and other agencies with counter-terrorism responsibilities and the demands of providing security for the American people only increase the potential for the president to turn to robust military capabilities during a crisis. This is a conceptual spectrum with clear definitions at both ends and less clarity in the middle, where the two ends blend together. It is also possible for the president to direct the transition of LFA responsibility during a crisis from DOD to another federal agency, or vice versa, should changing circumstances warrant such a transition (for example, if law enforcement capabilities are unexpectedly exceeded). 4 When the absence of a clear delineation between military and non-military responsibilities is added to the concern over potential terrorist use of WMD, national leaders naturally want to use every asset available — including military capabilities — because of the threat and the magnitude of the danger. 0000001834 00000 n Observations on the Navy's Hybrid Electric Drive Program, DOD Has Made Progress, but Needs to Further Refine and Formalize Its Reform Efforts, Navy Report Did Not Fully Address Causes of Delays or Results-Oriented Elements, Observations on Ground-based Midcourse Defense Acquisition Challenges and Potential Contract Strategy Changes, Additional Actions Needed to Ensure Effectiveness of 5G Strategy, Army Should Improve Use of Alternative Agreements and Approaches by Enhancing Oversight and Communication of Lessons Learned, NNSA Should Further Develop Cost, Schedule, and Risk Information for the W87-1 Warhead Program, Actions Needed to Address the Main Factors Causing Maintenance Delays for Aircraft Carriers and Submarines, Status of Efforts to Schedule and Hold Timely Entrance Conferences, DOD Needs to Assess Its Use of Term and Temporary Appointments, Department of Energy's Contract Management for the National Nuclear Security Administration and Office of Environmental Management - High Risk Issue, DOD Approach to Business Transformation - High Risk Issue, DOD Contract Management - High Risk Issue, DOD Supply Chain Management - High Risk Issue, DOD Support Infrastructure Management - High Risk Issue, DOD Weapon Systems Acquisition - High Risk Issue, Ensuring the Effective Protection of Technologies Critical to U.S. National Security Interests - High Risk Issue, Government-wide Personnel Security Clearance Process – High-Risk Issue, Leading Practices in Acquisition Management, Nuclear Weapons and Forces Sustainment and Modernization, U.S. - China Economic and Military Relations. At one end of the nation’s threat spectrum are types of threats that are clearly military in nature and are just as clearly DOD’s responsibility. In accordance with U.S. Federal Code, DOD’s primary mission, in contrast, has always been to use the nation’s military power and presence to deter aggression against U.S. interests and to defeat enemies should deterrence fail. On the order hand, if civil disorder occurs and is unmanageable the forces which as the National Guard and the Department of Homeland Securities will be summoned the re-establish order. Determining LFA responsibility in situations that are neither clearly military nor clearly law enforcement is a complex challenge, especially in time-sensitive situations.
Browse all our products here, Explore our Key Issues on National Defense. Homeland Defense (HLD): the protection of U.S. sovereignty, territory, domestic population, and critical infrastructure against external threats and aggression (DPG 04 and Draft Joint Pub 3.26).
DoD is continuing to work with the military services to determine the appropriate mixture of active and reserve components, to include the National Guard, to meet anticipated DoD cyber needs. Determining whether a particular adversary is one or the other will depend on the circumstances at the time and who is most capable to lead the nation’s efforts. The Department of Homeland Security has a vital mission: to secure the nation from the many threats we face. Recommendation: The Secretary of Defense should direct the Under Secretary of Defense for Policy, acting through the Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs and in collaboration with other appropriate stakeholders such as U.S. Northern Command, U.S. Pacific Command, and the National Guard Bureau, to develop implementation guidance on the dual-status commander construct that, at a minimum, includes: (1) more specific criteria for determining when and how to use dual-status commanders, especially for civil support incidents affecting multiple states and territories and (2) a process for determining the appropriate mix of National Guard and active duty federal officers to meet DOD's anticipated needs. As a check against mission creep and in recognition of cultural concerns over domestic use of the military, DOD involvement in these domestic missions requires invoking presidential authority and/or coordination between the attorney general and the secretary of defense over military missions and rules of engagement. 0000009963 00000 n Work on these two documents by the new assistant secretary of defense for homeland defense, the Joint Staff, U.S. Pacific Command, the Services, and the National Guard Bureau led to the development of a set of concepts to provide a framework for the military’s role internal to the U.S. What emerged was the concept that the delineation between homeland defense and homeland security is based on the simple question “who’s in charge?” The identity of the Lead Federal Agency (LFA), rather than the specific threat or mission scenario, determines the role and responsibilities of the Department of Defense. It is essential to understand what the essence of freedom encompasses as the nation drives forward in its examples of both security and defense for the world to emulate. For more information, contact Brian Lepore at (202) 512-4523 or email@example.com. 0000002578 00000 n
State and local governments utilize civil forces to retain law and order. This document has since been fully socialized. https://www.hsaj.org/articles/173.
Consequently, it is unclear whether DOD will be adequately prepared to support DHS during a cyber incident. In addition I would like to speak to the difference between Homeland Security and Homeland Defense to include mission areas, task, operational responsibilities, and coordinating efforts. The Secretary of Defense directed5 that the next version contain more description of how operations will be conducted in the “seam of Among those topics addressed in the instruction was the implementation of the dual status commander concept for a multi-state incident.
This was the largest deployment in history for the National Guard. 0000006502 00000 n Recommendation: The Secretary of Defense should direct the Under Secretary of Defense for Policy, acting through the Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs, to develop a process to periodically assess the currency of its Strategy for Homeland Defense and Civil Support and to ensure that updates, when needed, are completed in a timely manner. 0000001121 00000 n Publicly Released: Aug 20, 2020. The joint publication on civil support is also being revised. This provides the capability to execute a synchronized military response in those HLS areas where DOD Title 10 forces may not be the most effective response. https://www.hsaj.org, The Journal of the NPS Center for Homeland Defense and Security. Both potential solutions have significant challenges and may well be decided based upon reactions to future terrorist actions. On March 5, 2013, DOJ/FBI, DHS, and DOD agreed to shared national roles and responsibilities for US Federal Cyber Security.
One of the main reasons for expanded DOD involvement, and the view that this new trans-national threat is different from traditional criminal terrorism, is the growing fear that the rapid proliferation of Chemical, Biological, Radiological, Nuclear, and high-yield Explosive (CBRNE) technology has led to an increasing probability that these powerful weapons might be used in future terrorist attacks in what President Bush labels “the crossroads of radicalism and technology.” 3 This expanded DOD responsibility, and its clearly legislated limits, are the strongest evidence available that these new trans-national threats are in the middle of the new threat spectrum and may or may not be a military threat. Without the required intelligence, Homeland, Homeland security/Homeland Defense is something that we as Americans needed to have established to keep us safe from enemies foreign and domestic. Homeland defense (HD) is the protection of a territory, sovereignty, domestic population, and critical infrastructure against external threats and aggression.
DOD issued some guidance on the dual-status commander construct--through which, during a civil support incident or special event, a single military officer has authority over both National Guard and active-duty military personnel, serving as a link between state and federal forces.
In clear cases of foreign aggression and threats to national security, DOD will be directed to conduct HLD operations necessary to defeat an attack (including, if applicable, actions taken in anticipatory self-defense to preempt an attack before it takes place). This capability shortfall was identified even before 9/11 when the federal Interagency Domestic Terrorism Concept of Operations Plan recognized that no “single federal, state, or local government agency has the capability or requisite authority to respond independently” to terrorist threats or attacks. For homeland security, DOD’s role consists of civil support and emergency preparedness.
This starts by identifying how missions, tasks, duties, responsibilities, operations, and others key areas are implemented. In addition to the homeland defense and civil support missions, DOD has certain responsibilities to help prepare for emergencies. This absence of a clearly defined border between DOD and DHS, DOJ, or other agency responsibilities, and the overlap of capabilities, is in reality an inherent strength for the federal government; it allows the president to determine which threats are best met by law enforcement and which require military response. For example, under existing legislation, or the president’s constitutional authority, DOD may be directed to move against specific threats to the United States or against any threatened use of a weapon of mass destruction. “”Who’s in Charge?” New Challenges in Homeland Defense and Homeland Security.” Homeland Security Affairs 2, Article 2 (April 2006).
DHS was created specifically to address the threat of terrorism, bringing together twenty-two federal entities with critical homeland security missions into a single agency with the primary mission to protect our homeland against terrorist threats. The current National Strategy for Homeland Security recognizes this by defining HLS as a “concerted national effort to prevent terrorist attacks…” where the “concerted national effort” is based on “the principles of shared responsibility and partnership” among various federal, state, and local agencies and with the American people.
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