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.
This publication identifies multi-Service tactics, techniques, and procedures (MTTP) for Defense Support of Civil Authorities (DSCA). At the tactical level, it assists military planners, commanders, and individual Department of Defense (DOD) components employing military resources and integrating with National Guard Civil Support activities while responding to domestic emergencies in accordance with United States (US) law.
Operations involving DI support using ISR/OPSRECCE/RPA involve a balancing of fundamental interests: conducting aircrew training in support of national security objectives and providing incident awareness and assessment support when requested while also protecting individual rights guaranteed by the Constitution and the laws of the U.S. The primary objective of the ACCI is to ensure that ACC units conducting DI missions within U.S. do not infringe on or violate the Constitutional or privacy rights of U.S. persons. Commanders, inspectors general, and judge advocates at all levels must be cognizant of DI policies.
This instruction establishes policy, assigns responsibilities, and provides procedures for the use of the National Guard for Defense Support of Civil Authorities (DSCA) in accordance with the authority in section 502(f) of Title 32, United States Code (U.S.C.) (Reference (a)), DoD Directive (DoDD) 5111.1 (Reference (b)), and Deputy Secretary of Defense Memorandum (Reference (c)); the responsibilities and functions in accordance with DoDD 5111.13 (Reference (d)); and the guidance in DoDD 3025.18 (Reference (e)).
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.
This publication identifies multi-Service tactics, techniques, and procedures (MTTP) for Defense Support of Civil Authorities (DSCA) and Integrating with National Guard Civil Support. It sets forth MTTP at the tactical level to assist the military planner, commander, and individual Service forces in the employment of military resources in response to domestic emergencies in accordance with United States (US) law. This MTTP focuses on planning, preparation, execution, and assessment of DSCA operations conducted within the US and its territories.
This report on unconventional operational concepts and the homeland was prepared as part of the Defense Science Board 2007 Summer Study on Challenges to Military Operations in Support of National Interests. The summer study recognized that asymmetric tools of war in the hands of potential adversaries may well be employed using non-traditional concepts of operation. Moreover, the battlefield may no longer be limited to regions afar, but may include the U.S. homeland. The United States could well confront the possibility of going to war abroad in the face of significant devastation in the homeland—dividing forces between homeland catastrophe relief operations and combat abroad, or even facing the possibility that deploy and supply of U.S. military forces could be delayed and disrupted.
This publication has been prepared under the direction of the Chairman of the Joint Chiefs of Staff (CJCS). It sets forth joint doctrine to govern the activities and performance of the Armed Forces of the United States in DSCA operations, and it provides the doctrinal basis for interagency coordination during DSCA operations. It provides military guidance for the exercise of authority by combatant commanders and other joint force commanders (JFCs) and prescribes joint doctrine for operations, education, and training. It provides military guidance for use by the Armed Forces in preparing their appropriate plans. It is not the intent of this publication to restrict the authority of the JFC from organizing the force and executing the mission in a manner the JFC deems most appropriate to ensure unity of effort in the accomplishment of the overall objective.
Defending U.S. territory and the people of the United States is the highest priority of the Department of Defense (DoD), and providing appropriate defense support of civil authorities (DSCA) is one of the Department’s primary missions. This Strategy for Homeland Defense and Defense Support of Civil Authorities orients the Department towards an increasingly complex strategic environment. It emphasizes innovative approaches, greater integration, deepening of external partnerships, and increased effectiveness and efficiencies in DoD’s homeland activities. It applies the vital capabilities of the Total Force – in the Active and Reserve Components – to make the nation more secure and resilient. Finally, the Strategy guides future decisions on homeland defense and civil support issues consistent with the Defense Strategic Guidance and the Quadrennial Defense Review (QDR).
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.
Providing support for domestic civilian law enforcement applies to the restricted use of military assets to support civilian law enforcement personnel within the United States and its territories. These operations are significantly different from operations outside the United States. Army forces support domestic civilian law enforcement agencies under constitutional and statutory restrictions, as prescribed by corresponding directives and regulations.