Triage for Civil Support: Using Military Medical Assets to

2,96
MB Respond to Terrorist Attacks

204
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ID RAND Corporation

2004
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Contents

Prefaceiii

Figuresix

Tables xi

Summary . xiii

Acronymsxxi

CHAPTER ONE

Introduction 1

Background. 1

Research Objectives and the Influence of September 11. 2

Research Methods 3

Terminology 4

Terrorism 4

CBRNE Versus Weapons of Mass Destruction. 4

How This Report Is Organized 5

CHAPTER TWO

The Military Health System and Military Support to Civil Authorities . 7

The Two Primary Missions of the Military Health System 7

The Military Health System Missions Share Resources. 8

Military Medical Assets 9

Mission Medical Assets.10

Infrastructure Medical Assets.11

DoD Organization, Guidance, and Planning .11

Organization for Military Operations11

Guidance .16

Planning 16

Limitations to Consider When Planning for Military Assistance .18

Military Assets May Be Engaged in Other Missions .18

Military Assets Are Maintained at Various Levels of Readiness Based on Wartime Requirements 18



CHAPTER THREE

The Evolution of Structures, Systems, and Processes for Domestic Preparedness19

Recommendations from National Commissions19

New Players and New Roles in Homeland Security 21

The Office of Homeland Security and the National Strategy21

The Department of Homeland Security .22

Homeland Security Presidential Directive-5 .22

The National Response Plan .23

The Role of DoD in Response: An Overview.24

The National Disaster Medical System 24

Other DoD Directives Related to Civil Support.24

The Director of Military Support 25

The Assistant Secretary of Defense for Homeland Defense25

U.S. Northern Command25

CHAPTER FOUR

Legal and Other Barriers to Military Support to Civil Authorities .27

Constitutional and Historical Bases for Use of the Military Domestically27

Statutory and Regulatory Authorities Enabling the Use of Military Assets to Support Civil Authorities

28

Constitutional Authority .28

Congressional Authority: Posse Comitatus Act and Its Progeny.28

Congressional Authority: Civil Disturbance (or Insurrection) Statutes29

Congressional Authority: Counterdrug and Related Statutes 30

Congressional Authority: Disaster Relief and The Stafford Act .31

Congressional Authority: Counterterrorism and Weapons of Mass Destruction 32

Congressional Authority: Quarantines, Evacuations, and Curfews 33

Congressional Authority: New Authority for Use of the Reserve Components .34

Constraints on the Exercise of Explicit Authority34

Executive Authority: The President’s Residual Authority36

Executive Authority: Martial Law 37

Executive Authority: Executive Order38

Executive Authority: DoD Policy on Military Assistance in Civilian Emergencies 38

Legal Liabilities Implicated by the Use of Military Medical Assets to Support Civil Authorities.39

Liability Under the Federal Tort Claims Act of 194639

Liability Under Section 1983 and Bivens for Violations of Constitutional Rights.41

Liability Related to the Management of Property, People, and Information 42

Distinguishing Between Homeland Defense and Civil Support 43

Nonlegal Constraints on the Use of the Military .44

Diffuse Nature of Authority44

Reluctance to Seek Federal Assistance44

Apprehension About Military Assistance.44

Cultural Barriers45

Capabilities .45

Requirements Identification45

Contents vii

Conclusions .45

Recommendation46

CHAPTER FIVE

Military Medical Support to Civil Authorities: Historical Case Studies 47

DoD’s Role in Medical Response .47

Research Methods for Case Studies .48

Hurricane Andrew Background .49

Government and Military Response to Hurricane Andrew .51

Hurricane Marilyn Background.55

Government and Military Response to Hurricane Marilyn.55

Tropical Storm Allison Background 58

Government and Military Response to Tropical Storm Allison 59

What Lessons Can Be Learned from These Case Studies? 62

A Conceptual Framework for Response.64

Decentralized Versus Centralized Response64

Civilian Versus Military Response .66

CHAPTER SIX

Exercise-Based Studies of Potential Military Medical Support to Civil Authorities 69

Objective 69

Exercise Methods70

Exercises Were Based on an Established Methodology 70

The Analytic Framework for the Exercise 72

The Design and Testing Process Included Consideration of a Menu of Potential Issues73

Terrorist Attack Scenarios 74

The Georgia Exercise: Smallpox Attack .75

Background.75

Georgia Emergency Response Services .76

The Threat and the Scenario .76

The Exercise 77

Exercise Results: Issues and Observations 80

The California Exercise: Radiological Dispersion Device Attack .83

Background.83

California Emergency Response Services.84

The Threat and the Scenario .85

The Exercise 85

Exercise Results: Issues and Observations 90

Conclusions .94

CHAPTER SEVEN

Conclusions and Recommendations .97

Conclusions .97

Recommendations. 100

APPENDIX

A. Interview Protocol 103

B. Organizations Interviewed and Exercise Participants. 105

C. DoD Directives Related to Civil Support 113

D. Materials Used in Georgia Exercise . 115

E. Smallpox Model Used in the Georgia Exercise . 167

F. Excerpt of Quadrennial Defense Review . 171

Bibliography 173