Defense Support of Civil authorities
Encyclopedia
Defense Support of Civil Authorities (or DSCA) is the current process by which United States military assets and personnel can be used to assist in missions normally carried out by civil authorities. These missions have included: responses to natural and man-made disasters, law enforcement support, special events, and other domestic activities. A recent example of the use of DSCA is the military response to Hurricane Katrina
. DSCA is the overarching guidance of how the United States military can be requested by a federal agency and the procedures that govern the actions of the military during employment.
The military can offer a variety of assistance which includes personnel or equipment. Among the most sought-after assets are transport (land, sea, and air); fuel; communications; commodities including food, building supplies and medicines; manpower; technical assistance (especially logistics and communications) and the use of military facilities.
Directive 3025.18. This directive defines DSCA as:
There are numerous other directives, policies and laws that shape the militaries role in conducting operations in support of other federal agencies. Some of them are the Insurrection Act
, Homeland Security Act
, Stafford Act, Economy Act
and the Homeland Security Presidential Directive – 5. Each of these affect the way the military responds to a request for assistance from an interagency partner.
When federal forces deploy support of DSCA, once those forces enter the incident area they come under the operational control of U.S. Northern Command (USNORTHCOM).
US Northern Command only controls federal forces deployed into the impact area in response to the incident. National Guard forces deployed under the authority of the Governor remain under control of the Governor.
All federal agencies can request military assistance by using a simple memo format that contains specific information on what capability is needed and also gives cost reimbursement guidance. Military assets conducting support stay under the control of the military chain of command. Assistance is coordinated with the local responders in the disaster area to ensure the military support is being properly utilized as per the approved request. If there is a need to change the original mission of forces conducting the assistance, the request process starts all over again. Determining when the military is done conducting the requested support is done collaboratively between DOD officials, local government and federal agencies.
All support provided by the military is required to be reimbursed by the agency that requested it. The military's budget does not include providing DSCA support so it must be paid back in order to maintain the ability to conduct its primary mission.
or better known as FEMA, is the main federal responder when a disaster overwhelms a state(s). When a state exhausts all of its resources or is lacking a unique capability during a disaster, it will turn to the federal government for assistance. The agency that usually responds and will coordinate the overall federal effort will be FEMA. FEMA has a cornucopia of options available to help a state in need, one of those options is to turn to the military. FEMA has the ability to direct most other federal resource under its statutory authority, but it can not direct the military, it must request the assistance. Military support is a last resort; all other local, state and federal resources must be exhausted prior to the military providing support or a unique requirement that can not be found within the civilian or federal system.
Requesting the military to respond to a disaster, manmade or natural, is done through a formal process established between FEMA and Department of Defense. While this process is pretty straight forward, it has many integrated steps that require involvement from numerous sources, both military and civilian.
. It set the stage for establishing the fundamental principles codified in our current laws. Because of the excise tax on whiskey, the taxpayers revolted against the federal government. Violence against tax collectors grew to such a level that it prompted Presidential intervention. During August to November 1794, federal troops deployed to Western Pennsylvania
as a show of force. Throughout this threat to federal authority, President Washington’s guidance was that the military was to support the local civil authorities, not impede them or control them in any way. This underlying principle remains imbedded in the present laws, systems, and processes of how the military interacts within the DSCA environment.
Another important factor governing the actions of the military in executing DSCA is the Posse Comitatus Act
(PCA). This law was established post Civil War
and prohibited the use of active duty military (Title 10) in enforcing civil law and order unless directed by the President. The most recent event that caused the President to employ federal military in direct support to local law enforcement was the Los Angeles riots of 1992 where troops where brought into to help quell the violence. The PCA does not apply to the United States National Guard
in their state support role.
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...
. DSCA is the overarching guidance of how the United States military can be requested by a federal agency and the procedures that govern the actions of the military during employment.
The military can offer a variety of assistance which includes personnel or equipment. Among the most sought-after assets are transport (land, sea, and air); fuel; communications; commodities including food, building supplies and medicines; manpower; technical assistance (especially logistics and communications) and the use of military facilities.
Authority
The provision of DSCA is codified in Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
Directive 3025.18. This directive defines DSCA as:
"Support provided by U.S. Federal military forces, National Guard, DoD civilians, DoD contract personnel, and DoD component assets, in response to requests or assistance from civil authorities for special events, domestic emergencies, designated law enforcement support, and other domestic activities. Support provided by National Guard forces performing duty in accordance with Reference (m) is considered DSCA, but is conducted as a State-directed action also known as civil support."
There are numerous other directives, policies and laws that shape the militaries role in conducting operations in support of other federal agencies. Some of them are the Insurrection Act
Insurrection Act
The Insurrection Act of 1807 is the set of laws that govern the US President's ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. The laws are chiefly contained in - . The general aim is to limit Presidential power as much as possible, relying on...
, Homeland Security Act
Homeland Security Act
The Homeland Security Act of 2002, , 116 Stat. 2135 was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. It was signed into law by President George W...
, Stafford Act, Economy Act
Economy Act
The Economy Act of 1933, officially titled the Act of March 20, 1933 , is an Act of Congress that cut the salaries of federal workers and reduced benefit payments to veterans, moves intended to reduce the federal deficit in the United States....
and the Homeland Security Presidential Directive – 5. Each of these affect the way the military responds to a request for assistance from an interagency partner.
When federal forces deploy support of DSCA, once those forces enter the incident area they come under the operational control of U.S. Northern Command (USNORTHCOM).
US Northern Command only controls federal forces deployed into the impact area in response to the incident. National Guard forces deployed under the authority of the Governor remain under control of the Governor.
Activation
Providing support to civil authorities can not impair the ability of the military to conduct that mission. It is also critical to understand that the military is always in a supporting role and never the lead. All incidents are controlled at the lowest civilian levels with the military filling in critical roles. Only federal agencies can request Department of Defense assistance and this request usually comes on behalf of a state need.All federal agencies can request military assistance by using a simple memo format that contains specific information on what capability is needed and also gives cost reimbursement guidance. Military assets conducting support stay under the control of the military chain of command. Assistance is coordinated with the local responders in the disaster area to ensure the military support is being properly utilized as per the approved request. If there is a need to change the original mission of forces conducting the assistance, the request process starts all over again. Determining when the military is done conducting the requested support is done collaboratively between DOD officials, local government and federal agencies.
All support provided by the military is required to be reimbursed by the agency that requested it. The military's budget does not include providing DSCA support so it must be paid back in order to maintain the ability to conduct its primary mission.
FEMA
On the civilian side, the Federal Emergency Management AgencyFederal Emergency Management Agency
The Federal Emergency Management Agency is an agency of the United States Department of Homeland Security, initially created by Presidential Reorganization Plan No. 1 of 1978 and implemented by two Executive Orders...
or better known as FEMA, is the main federal responder when a disaster overwhelms a state(s). When a state exhausts all of its resources or is lacking a unique capability during a disaster, it will turn to the federal government for assistance. The agency that usually responds and will coordinate the overall federal effort will be FEMA. FEMA has a cornucopia of options available to help a state in need, one of those options is to turn to the military. FEMA has the ability to direct most other federal resource under its statutory authority, but it can not direct the military, it must request the assistance. Military support is a last resort; all other local, state and federal resources must be exhausted prior to the military providing support or a unique requirement that can not be found within the civilian or federal system.
Requesting the military to respond to a disaster, manmade or natural, is done through a formal process established between FEMA and Department of Defense. While this process is pretty straight forward, it has many integrated steps that require involvement from numerous sources, both military and civilian.
History
An early instance that had a major influence on shaping how the military responds was the 1794 Whiskey RebellionWhiskey Rebellion
The Whiskey Rebellion, or Whiskey Insurrection, was a tax protest in the United States in the 1790s, during the presidency of George Washington. Farmers who sold their corn in the form of whiskey had to pay a new tax which they strongly resented...
. It set the stage for establishing the fundamental principles codified in our current laws. Because of the excise tax on whiskey, the taxpayers revolted against the federal government. Violence against tax collectors grew to such a level that it prompted Presidential intervention. During August to November 1794, federal troops deployed to Western Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
as a show of force. Throughout this threat to federal authority, President Washington’s guidance was that the military was to support the local civil authorities, not impede them or control them in any way. This underlying principle remains imbedded in the present laws, systems, and processes of how the military interacts within the DSCA environment.
Another important factor governing the actions of the military in executing DSCA is the Posse Comitatus Act
Posse Comitatus Act
The Posse Comitatus Act is an often misunderstood and misquoted United States federal law passed on June 18, 1878, after the end of Reconstruction. Its intent was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of...
(PCA). This law was established post Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
and prohibited the use of active duty military (Title 10) in enforcing civil law and order unless directed by the President. The most recent event that caused the President to employ federal military in direct support to local law enforcement was the Los Angeles riots of 1992 where troops where brought into to help quell the violence. The PCA does not apply to the United States National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
in their state support role.
See also
- Military aid to the civil powerMilitary Aid to the Civil PowerMilitary aid to the civil power is assistance by the armed forces to the civil authorities of the state with the provision of specialist equipment or trained personnel...
- Military operations other than warMilitary operations other than warMilitary Operations Other Than War focus on deterring war, resolving conflict, promoting peace, and supporting civil authorities in response to domestic crises. The phrase and acronym was coined by the United States military during the 1990s, but it has since fallen out of use. The UK military...