The challenges of Homeland defense - Doctrine Corner

Military Intelligence Professional Bulletin, July-Sept, 2002 by Three Del Stewart

The views expressed in this article are those of the author and do not reflect the official policy or position of the U.S. Army Intelligence Center, the U.S Army, Department of Defense, or the U.S. Government.

Members of the Fort Huachuca Doctrine Division participated in the December 2001 Homeland Defense and Crisis Management Workshop to obtain information concerning national Homeland Defense (HLD) efforts, The role of the Armed Forces was clearly a significant portion of the workshop. The workshop also discussed how those efforts might affect the U.S. Army Intelligence Center, and specifically noted how the proposed changes may affect future Army doctrine. As additional information became available, we updated some critical points.

Since the War of 1812, HLD has not been a significant concern for the nation nor the Army. The United States was blessed with great natural defenses (the Atlantic and Pacific Oceans), a strong ally to the north, and, since the conclusion of the Mexican-American War in 1848, a relatively peaceful border to the south. However, the events of 11 September 2001 changed our perspective, and HLD is now a genuine concern. In general, Homeland Defense, as a problem set, requires--

* Dedicated focus.

* Commitment to resolution.

* A working partnership between government and the private sector.

* Integration of effort (essential).

* Network-building (must include institutional structures, not just cyber-structures).

* Fundamental change to the bureaucratic thought processes.

The Office of Homeland Security (OHS)

The roles and responsibilities for the nation's OHS are not clear. Because of this ambiguity, the specific missions, personnel requirements, levels of classification, and logistical needs (how many computers, how many network administrators, how many safes, how much floor space, etc.) are not known. We do not know what its involvement and impact will be or its budget.

In February 2002, some resolution was provided when the Department of Defense (DOD) announced the formation of a new joint military command to support Homeland Security (HLS) and Defense. The DOD portion of the OHS will combine elements of the Norfolk-based U.S. Joint Forces Command (USJFCOM) and Colorado-based North American Aerospace Defense Command (NORAD) into the U.S. Northern Command (NORTHCOM). Established 17 April 2002, the new command will stand up on 1 October at Peterson Air Force Base, Colorado. NORTHCOM will be responsible for U.S. military operations throughout North America and will take charge of maritime defense operations currently under USJFCOM. NORTHOOM will also assume USJFCOM's authority for a national network of military support teams that assist civilian authorities in responding to natural disasters and terrorist attacks. The shift will allow USJFCOM to concentrate on its primary mission: training forces from different military Services to fight jointly. The Commander of NORTHCOM will also be the designated head of NORAD, which is a partnership between the United States and Canadian military forces. In addition to specific roles, responsibilities, and requirements, there are some legal concerns.

Legal Issues

Changing the law to allow the U.S. military more involvement in the HLD mission is a top priority for many, including the National Security Agency (NSA). Executive Orders, DOD regulations, Army regulations, etc., all act to limit the use of the military in the continental United States (CONUS), except for those units that have a specific law enforcement mission (such as the Military Police branches for each of the Services). We have a presumption in the United States that personnel encountered driving legally licensed vehicles are U.S. persons, that telephone conversations originate from citizens, etc. The mission of the military is to protect and defend the Constitution and our way of life, including the right to privacy. Current laws prohibit the Active Component (AC) military from being a full, unrestricted partner in Homeland Defense--for sound reasons. However, until and unless certain aspects of the legal constraints fundamentally change, legal matters will hinder DOD effectiveness in many HLD areas; on e possibility would be to change such limiting laws via Presidential Directive instead of via the lengthy legislative process. The primary goal of these legal changes would be to enable greater interagency coordination and cooperation, while retaining security controls.

Security Clearances

Most state and local law enforcement agency (LEA) personnel do not have appropriate security clearances; this is a major problem for the Federal Bureau of Investigation (FBI) and DOD when working these agencies. According to an FBI representative, fewer than ten percent of all crucial participants in state and local law enforcement have the level of clearance to access necessary federal classified or sensitive information. In the Washington, D.C., area, all chiefs of police have submitted their materials to obtain DOD security clearances to facilitate the sharing of classified information.