Unity of Command for Homeland Security

Unit of command becomes a major issue when both federal and state militaries simultaneously provide Defense Support to Civil Authorities (DSCA) within the same area of operations as seen during Hurricane Katrina. Both federal and state militaries look alike and have similar equipment, but may respond to different authorities. Federal and state laws and policies regulate the missions each may perform based on the activated status (Title 10, Title 32, or State Active Duty) of the unit. This study examines laws and policies, such as the Posse Comitatus Act, the Stafford Act, the Insurrection Act, the National Response Plan, the National Defense Authorization Act of 2004, and the Emergency Management Assistance Compact that govern the permissive or restrictive measures of each status. It applies these as well as additional measures in examining the Los Angeles Riots and Hurricane Katrina to determine the feasibility of using National Guard versus federal military assets to establish unity of command. The study finds that the National Guard is truly the Army's first responder for DSCA missions, is well integrated with local and state emergency management authorities, and should command and control all military assets allocated to its area of responsibility.