This Handbook focuses on the legal matters pertaining to providing assistance to domestic civil authorities, also known as DSCA. Circumstances involving the exercise of homeland defense authority and capabilities, i.e. “countering air and maritime attacks and preventing terrorist attacks on the homeland,” are beyond the scope of this handbook. Nonetheless, it should be kept in mind that actions taken within the homeland defense function may directly impact the DoD’s DSCA mission once an event has occurred. Likewise, for ongoing events or continuing attacks, DSCA actions may affect homeland defense capabilities.
This definition provides a baseline for follow-on efforts to better identify Defense Support of Civil Authorities requirements and assess a broader range of forces, defense installations assets, and other DoD capabilities that could aid in response to complex catastrophes, if approved by the Secretary of Defense or directed by the President.
In a domestic complex catastrophe, one whose effects would qualitatively and quantitatively exceed those experienced to date, the demand for DoD support of civil authorities would be unprecedented- DoD must be ready to meet the demand to save and protect lives, and must do so in ways that would not require additional force structure.
ADP 3-28 clarifies similarities and differences between defense support of civil authorities (DSCA) and other elements of decisive action. DSCA and stability operations are similar in many ways. Both revolve around helping partners on the ground within areas of operations. Both require Army forces to provide essential services and work together with civil authorities. However, homeland operational environments differ from those overseas in terms of law, military chain of command, use of force, and inter-organizational coordination among unified action partners. This ADP helps Army leaders understand how operations in the homeland differ from operations by forces deployed forward in other theaters. It illustrates how domestic operational areas are theaters of operations with special requirements. Moreover, this ADP recognizes that DSCA is a joint mission that supports the national homeland security enterprise. The Department of Defense conducts DSCA under civilian control, based on U.S. law and national policy, and in cooperation with numerous civilian partners. National policy, in this context, often uses the word joint to include all cooperating partners, as in a joint field office led by civil authorities.
The Domestic Operational Law (DOPLAW) Handbook for judge advocates is a product of the Center for Law and Military Operations (CLAMO). The content is derived from statutes, Executive Orders and Directives, national policy, DoD Directives and Instructions, joint publications, service regulations, field manuals, as well as lessons learned by judge advocates and other practitioners throughout Federal and State government. This edition includes substantial revisions.
This manual is composed of several volumes, each containing its own purpose. In accordance with the authority in DoD Directives (DoDDs) 5111.13 and 3025.18 the manual assigns responsibilities and establishes procedures for Defense Support of Civil Authorities (DSCA) and identifies authorities for DoD Components to provide support of civil authorities and non-DoD entities. For DoD support described in this manual that is not under the oversight of the Assistant Secretary of Defense for Homeland Defense and Global Security (ASD(HD&GS)), this manual identifies the offices of responsibility and oversight.
On order and in response to natural/manmade incidents, the Defense Coordinating Officer / Defense Coordinating Element (DCO/DCE) anticipates and conducts Defense Support of Civil Authorities (DSCA) operations coordinating Title 10 forces and resources in support of the Federal Primary Agency (PA) in order to minimize impacts to the American people, infrastructure and environment.
Our history is replete with examples where both Guard and Active forces were employed to respond to our Nation’s disasters. In the recent era, the defining disaster was Hurricane Katrina, a Category 3 hurricane that forced the breach of levies and the subsequent massive flooding of New Orleans. It rapidly overwhelmed the capabilities of Louisiana that saw the C, NGB send upwards of 50,000 Guardsmen from other States and the President send in the 82nd Airborne Division. There have been other similar incidents in our lifetime: Hurricane Andrew (1992) where President Bush sent 2,000 to 5,000 Troops from Ft Bragg, Hurricane Hugo (1989) where over 3,000 Service members were sent in support, and the 1988 Yellowstone Fires where approximately 1,000 active duty Soldiers and Marines provided direct fire line support as part of JTF Yellowstone. These show that there are those potential catastrophic disasters (New Madrid Seismic Zone, Cascadia Subduction Zone, Cyber Attack, or even an Improvised Nuclear Detonation) that can hit the United States where the President will not hesitate to call upon Federal Forces.
National and foreign military forces can play a vital role in the response. In natural disasters, many national militaries are designated auxiliary or even primary first responders in-country. If a large-scale disaster exceeds the response capacity of an affected country, the Government may seek assistance from the international community or neighbouring and partner countries. As part of their response, foreign Governments tend to deploy their military forces, especially if these are already deployed in the region. In armed conflicts and complex emergencies, humanitarian and military actors share the same operating space, but not the same mission. They are likely to have very distinct roles and mandates.
The Domestic Operational Law (DOPLAW) Handbook for judge advocates is a product of the Center for Law and Military Operations (CLAMO). Its content is derived from statutes, Executive Orders and Directives, national policy, DoD Directives, joint publications, service regulations, field manuals, and lessons learned by judge advocates and other practitioners throughout federal and state government. This edition includes substantial revisions. It incorporates new guidance set forth in Department of Defense Directive 3025.18 (Defense Support of Civil Authorities), Department of Defense Instruction 3025.21 (Defense Support of Civilian Law Enforcement Agencies), numerous new National Planning Framework documents, and many other recently updated publications. It provides amplifying information on wildfire response, emergency mutual assistance compacts, the role of the National Guard and Army units in domestic response, and provides valuable lessons learned from major incidents such as the 2010 Deepwater Horizon oil spill and Hurricane Sandy of 2012.
The Department of Defense has issued an instruction clarifying the rules for the involvement of military forces in civilian law enforcement. The instruction establishes “DoD policy, assigns responsibilities, and provides procedures for DoD support to Federal, State, tribal, and local civilian law enforcement agencies, including responses to civil disturbances within the United States.” The new instruction titled “Defense Support of Civilian Law Enforcement Agencies” was released at the end of February, replacing several older directives on military assistance to civilian law enforcement and civil disturbances. The instruction requires that senior DoD officials develop “procedures and issue appropriate direction as necessary for defense support of civilian law enforcement agencies in coordination with the General Counsel of the Department of Defense, and in consultation with the Attorney General of the United States”, including “tasking the DoD Components to plan for and to commit DoD resources in response to requests from civil authorities for [civil disturbance operations].” Military officials are to coordinate with “civilian law enforcement agencies on policies to further DoD cooperation with civilian law enforcement agencies” and the heads of the combatant commands are instructed to issue procedures for “establishing local contact points in subordinate commands for purposes of coordination with Federal, State, tribal, and local civilian law enforcement officials.”
The Canadian Forces (CF) is organized, equipped and trained to defend Canada and, in cooperation with Canada’s allies, protect and advance Canada’s interests in the world community. While the CF focuses on its purely military tasks, the inherent flexibility of military units, many with unique capabilities, makes the CF a potential source of assistance which may be called upon to support Canadian civil authorities and the Canadian public in Canada. CF domestic operations are any CF activities which provide assistance in response to requests for support from Canadian civil authorities, or from the Canadian public.
This bilateral plan provides a framework for military forces of one nation to support military forces of the other nation that are providing military support of civil authorities. The focus of this document is the unique, bilateral military planning considerations required to align our respective national military plans to respond quickly to national requests for military support of civil authorities. Nothing in this plan prevents either nation from responding unilaterally; rather, this plan will facilitate unity of effort, if and when requests for bilateral support are received.
Natural or man-made disasters and special events can be so demanding that local, tribal) state and non-military federal responders are temporarily overwhelmed by the situation. The Department of Defense (DOD) has a long history of supporting civil authorities in the wake of catastrophic events. When directed by the President or the Secretary of Defense (SecDef), United States Northern Command (USNORTHCOM) will respond quickly and effectively to the requests of civil authorities to save livesj prevent human suffering, and mitigate great property damage. The Joint Strategic Capabilities Plan 2008 (JSCP) directs CDRUSNORTHCOM to prepare a plan to support the employment of Title 10 DOD forces providing Defense Support of Civil Authorities (DSCA) in accordance with (IAW) the National Response Framework (NRF), applicable federal law, DOD Directives (DODD), and other policy guidance including those hazards defined by the National Planning Scenarios that are not addressed by other JSCP tasked plans. DSCA is a subset of DOD civil support that is performed within the parameters of the NRF.
Because the operational environment (OE) requires Army forces to operate in urban areas, commanders must have accurate information on the complex human elements, infrastructure, and physical terrain that make up the urban environment. The limits on imagery and electronic reconnaissance and surveillance (R&S) capabilities place a premium on human-based visual reconnaissance. Reconnaissance troops and platoons must be trained to gather and analyze the necessary information and provide it to their commanders and higher headquarters. This chapter discusses definitions, training strategy, prerequisite training, individual task training, and collective task training designed to prepare reconnaissance units at troop level and below for operations in urban terrain.
L&O operations have historically been understood to consist of LE missions supporting U.S. military commanders and their efforts to police our military personnel, civilians, and family members working and residing on U.S. military posts, camps, and stations. (Posts, camps, and stations refer to any U.S. military installation, base, or other location within the United States and enduring installations, bases, or other locations outside the United States employed to support long-term military commitments and/or serve as power projection platforms.) U.S. Army doctrine has not historically focused on L&O operations outside of LE support to posts, camps, and stations. L&O support to the operational commander and the capabilities inherent within LE organizations have been largely disregarded within Army (and joint) doctrine. Recent conflicts and the nature of the threat within the OE have increased the relevance of L&O operations and LE capabilities in support of Army operations. The applications of L&O operations and the requirements for Army LE personnel to conduct these operations have grown tremendously as nation building and protracted stability operations have demonstrated the need for civil security and civil control as critical lines of effort within the larger effort to transfer authority to a secure and stable HN government.
For the last two fiscal years, the President’s Budget Submissions for the Department of Defense have included purchases of a significant amount of combat equipment, including armored vehicles, helicopters and even artillery, under an obscure section of the FY2008 National Defense Authorization Act (NDAA) for the purposes of “homeland defense missions, domestic emergency responses, and providing military support to civil authorities.” Items purchased under the section include combat vehicles, tanks, helicopters, artillery, mortar systems, missiles, small arms and communications equipment. Justifications for the budget items indicate that many of the purchases are part of routine resupply and maintenance, yet in each case the procurement is cited as being “necessary for use by the active and reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities” under section 1815 of the FY2008 NDAA.
This Study Plan outlines the background, scope, strategic assumptions, study objectives, analysis methodology, scenario considerations, timeline, and management responsibilities in conducting the Homeland Defense and Civil Support Capabilities-based Assessment (HD/CS CBA) to include production of the Functional Area Analysis (FAA), Functional Needs Analysis (FNA) and a Joint Capabilities Document (JCD). This CBA, through the execution of the FAA, FNA. And JCD; identifies, describes, documents, and prioritizes DOD’s capability gaps and excesses in the HD/CS mission areas (to include the Mission Assurance (MA) function).
The Domestic Operational Law (DOPLAW) Handbook for Judge Advocates is a product of the Center for Law and Military Operations (CLAMO). Its content is derived from statutes, Executive Orders and Directives, national policy, DoD Directives, joint publications, service regulations and field manuals, and lessons learned by judge advocates and other practitioners throughout federal and state government. This edition includes a substantial revision of Chapter 3, it incorporates new guidance as set for forth Department of Defense Directive 3025.18, Defense Support of Civil Authorities (DSCA), it provides amplifying information on wildfire response, emergency mutual assistance compacts, the role of the National Guard and Army units such as Army North and Joint Task Force—Civil Support, and it discusses the 2010 Deepwater Horizon oil spill.
This report sets forth the statutes, Executive Branch documents, regulations, and Department of Defense (DoD) internal directives that define and govern Military Support to Civil Authorities (MSCA). The policies and responsibilities of the military departments and staff agencies of DoD are reviewed, as they have evolved from the early 1950s to the present. The events of September 11, 2001, have placed the MSCA function in the larger context of homeland security, and documents setting forth homeland security policy as it defines MSCA have been reviewed as well. This report also discusses DoD civilian and military responsibility for MSCA, and the states’ position regarding the National Guard’s role in support of civil authorities. Finally, this report evaluates the criteria for providing MSCA, and assesses how DoD compares this function with its warfighting mission.
The President is authorized by the Constitution and laws of the United States to employ the Armed Forces of the United States to suppress insurrections, rebellions, and domestic violence under various conditions and circumstances. Planning and preparedness by the Federal Government and the Department of Defense for civil disturbances are important due to the potential severity of the consequences of such events for the Nation and the population.
Version 3.0 Federal Interagency Geospatial Concept of Operations (GeoCONOPS) final draft from June 2011.
This FOUO pocket guide provides information used by battle staffs involved in planning, coordinating, synchronizing or executing actions that support the effective employment of unmanned aircraft systems (UAS) on the battlefield. Covers the MQ-1B PREDATOR, MQ-1 WARRIOR A, MQ-1C ER/MP, MQ-9 REAPER, MQ-5B HUNTER, RQ-7B SHADOW.
This manual provides preplanning guidance for handling emergency situations, which include the full spectrum from civil disobedience through hostile disturbances to violent acts of terrorism. It discusses the concept of operations in planning for these crisis situations and offers an outline for preparation, execution and resolution of mass disturbances. Air National Guard units will use this manual as guidance. The use of name or mark of any specific manufacturer, commercial product, commodity or service in this publication does not imply endorsement by the Air Force.
This regulation prescribes responsibilities, policy, and guidance for the Department of the Army in planning and operations involving the use of Army resources in the control of actual or anticipated civil disturbances. Basic authority is contained in DOD Directive 3025.12, Employment of Military Resources in the Event of Civil Disturbances.