E N T F T E Defense Support Of Civil Authorities

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ENHITTMT OF T HS W E' L LDEFEENDARDSTMTEERU NII CA MY DE PARJoint Publication 3-28AT E S O FADefense Support ofCivil Authorities29 October 2018

PREFACE1. ScopeThis publication provides joint doctrine to plan, conduct, and assess defense supportof civil authorities.2. PurposeThis publication has been prepared under the direction of the Chairman of the JointChiefs of Staff (CJCS). It sets forth joint doctrine to govern the activities and performanceof the Armed Forces of the United States in joint operations, and it provides considerationsfor military interaction with governmental and nongovernmental agencies, multinationalforces, and other interorganizational partners. It provides military guidance for the exerciseof authority by combatant commanders and other joint force commanders (JFCs), andprescribes joint doctrine for operations and training. It provides military guidance for useby the Armed Forces of the United States in preparing and executing their plans and orders.It is not the intent of this publication to restrict the authority of the JFC from organizingthe force and executing the mission in a manner the JFC deems most appropriate to ensureunity of effort in the accomplishment of objectives.3. Applicationa. Joint doctrine established in this publication applies to the Joint Staff, commandersof combatant commands, subordinate unified commands, joint task forces, subordinatecomponents of these commands, the Services, and combat support agencies.b. The guidance in this publication is authoritative; as such, this doctrine will befollowed except when, in the judgment of the commander, exceptional circumstances dictateotherwise. If conflicts arise between the contents of this publication and the contents ofService publications, this publication will take precedence unless the CJCS, normally incoordination with the other members of the Joint Chiefs of Staff, has provided more currentand specific guidance. Commanders of forces operating as part of a multinational (allianceor coalition) military command should follow multinational doctrine and procedures ratifiedby the United States. For doctrine and procedures not ratified by the US, commanders shouldevaluate and follow the multinational command’s doctrine and procedures, where applicableand consistent with US law, regulations, and doctrine.For the Chairman of the Joint Chiefs of Staff:DANIEL J. O’DONOHUELieutenant General, USMCDirector, Joint Force Developmenti

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SUMMARY OF CHANGESREVISION OF JOINT PUBLICATION 3-28DATED 31 JULY 2013 Chapter I contains updated language to describe the National ResponseFramework and National Incident Management System aligned withDepartment of Homeland Security revisions. Chapter II removes the traditional Department of Defense (DOD) phasingconstruct. A Federal Emergency Management Agency phasing example isplaced in Appendix J to emphasize DOD’s supporting role and the need tosynchronize with the lead federal agency; also added a more robust assessmentsection with defense support of civil authorities (DSCA) specific metrics in thischapter. Chapter IV provides a more accurate and thorough description of incidentawareness and assessment and added descriptions of defense support tocyberspace incident response and cyber support. Chapter V adds clarification and updated language in the intelligence supportsection specifically for the use of unmanned aircraft systems and imagery.Made public affairs section language consistent with changes in jointpublication (JP) 3-61, Public Affairs, and JP 3.13-2, Military InformationSupport Operations. Provided updated policy and doctrinal language on healthservices for DSCA. Appendix B was added to outline the emergency support functions. Appendices H and J were added for sample planning and phasing formats forDSCA operations, respectively.iii

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TABLE OF CONTENTSEXECUTIVE SUMMARY . ixCHAPTER IOVERVIEW Introduction . I-1Defense Support of Civil Authorities . I-2Homeland Security, Homeland Defense, and Defense Support ofCivil Authorities. I-4Fundamentals of Response . I-7All Hazards Scope of Defense Support of Civil Authorities . I-11Legal and Policy Considerations . I-11CHAPTER IISUPPORTNG A COMPREHENSIVE ALL HAZARDS RESPONSE State, Local, Territory, and Tribal Government Roles .II-1Federal Role .II-4Department of Defense Immediate Response and Emergency Authority .II-5Emergency Support Functions .II-7Catastrophic Incident Support.II-7Interorganizational Coordination .II-8Unity of Effort.II-11Department of Defense and Emergencies in the Homeland .II-12Command and Control in United States Northern Command andUnited States Pacific Command Areas of Responsibility.II-14Planning Considerations for Defense Support of Civil Authorities.II-16Phases of Defense Support of Civil Authorities .II-18Assessing Defense Support of Civil Authorities .II-18Multinational Forces Integration.II-21CHAPTER IIISUPPORTING CIVILIAN LAW ENFORCEMENT AGENCIES General . III-1The Posse Comitatus Act . III-1Direct Assistance to Civilian Law Enforcement Agencies . III-2Other Permissible Types of Military Support to Law EnforcementAgencies . III-4Law Enforcement Considerations . III-8CHAPTER IVOTHER DOMESTIC ACTIVITIES AND SPECIAL EVENTS General . IV-1v

Table of Contents National Special Security Events . IV-1Community Support Activities . IV-1Sensitive Support Operations . IV-1Military Training Exchanges . IV-2Specialized Support . IV-2Support Provided to the United States Secret Service . IV-2Civil Air Patrol/Air Force Auxiliary Support . IV-3Incident Awareness and Assessment . IV-3Civilian Critical Infrastructure Protection . IV-3Postal Services . IV-4Explosive Ordnance Disposal Considerations . IV-4Urban Search and Rescue Program. IV-6Defense Support to Cyberspace Incident Response. IV-6Other Defense Support of Civil Authorities Missions . IV-7CHAPTER VSUPPORTING AND SUSTAINING ACTIVITIES General . V-1Personnel Services . V-1Intelligence Support . V-3Meteorological Support . V-6Logistics . V-7Public Affairs . V-11Health Services . V-12Mortuary Affairs . V-15Cyberspace Support . V-15Space Operations Support . V-16Other Support and Sustainment Considerations . V-16APPENDIXABCDEFGHJKLMviNational Incident Management System Overview. A-1Emergency Support Functions .B-1Standing Rules for the Use of Force for United States ArmedForces .C-1Department of Defense Dual-Status Commander . D-1Key Legal and Policy Documents . E-1Reimbursement for Defense Support of Civil Authorities . F-1Department of Defense Installations SupportingDefense Support of Civil Authorities . G-1Defense Support of Civil Authorities Planning Format (Notional) . H-1Example Phasing of Defense Support of Civil Authorities.J-1Points of Contact . K-1References . L-1Administrative Instructions .M-1JP 3-28

Table of ContentsGLOSSARYPart IPart IIAbbreviations, Acronyms, and Initialisms . GL-1Terms and Definitions . GL-6FIGUREI-1I-2II-1II-2II-3B-1D-1Relationships Between Homeland Defense, Defense Support ofCivil Authorities, and Homeland Security Missions . I-5Layers of Redundant Capabilities . I-7Map of the Ten Federal Emergency Management AgencyRegions .II-15Example Defense Support of Civil Authorities Objective toStandard Assignment (Combatant Command) .II-20Example Defense Support of Civil Authorities Objective withEffect, Measure, and Standards .II-21National Guard Core Capabilities and the National ResponseFramework Emergency Support Functions .B-2Dual-Status Commander Command and Control Relationship . D-2vii

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EXECUTIVE SUMMARYCOMMANDER’S OVERVIEW Provides an overview of defense support of civil authorities. Describes the fundamentals of response. Discusses the all hazards scope of defense support of civil authorities. Describes the federal role in supporting a comprehensive all hazards response. Discusses when and how federal forces may provide support to federal, state,territory, tribal, insular areas, and local law enforcement organizationsreacting to civil disturbances, conducting border security and counterdrugmissions, preparing for antiterrorism operations, and participating in otherrelated law enforcement activities. Describes Department of Defense support to national special security events,community support activities, sensitive support operations, military trainingexchanges, and other specialized support. Discusses planning to support and sustain defense support of civil authorities,to include personnel services, intelligence support, meteorological support,logistics, public affairs, health services, mortuary affairs, cyberspace support,and other support and sustainment considerations.OverviewDefense Support of CivilAuthoritiesDefense support of civil authorities (DSCA) is supportprovided by federal military forces; Department ofDefense (DOD) civilians; DOD contract personnel; andDOD component assets, to include National Guard (NG)forces (when the Secretary of Defense [SecDef], incoordination with the governors of the affected states,elects and requests to use and fund those forces in Title 32,United States Code [USC], status), in response to a requestfor assistance (RFA) from civil authorities for domesticemergencies, cyberspace incident response, lawenforcement support, and other domestic activities or fromqualifying entities for special events. DSCA includessupport to prepare, prevent, protect, respond, and recoverfrom domestic incidents. DSCA is provided in responseto requests from civil authorities and upon approval fromix

Executive Summaryappropriate authorities. DSCA is conducted only in theUS homeland.Homeland Security,Homeland Defense, andDefense Support of CivilAuthoritiesHomeland security (HS), homeland defense (HD), andDSCA are distinct operations.HS is a concerted national effort to prevent terroristattacks within the US; reduce America’s vulnerability toterrorism, major disasters, and other emergencies; andminimize the damage and recover from attacks, majordisasters, and other emergencies that occur.HD is the protection of US sovereignty, territory, domesticpopulation, and critical infrastructure against externalthreats and aggression or other threats, as directed by thePresident. DOD is responsible for HD.DOD plays a vital role in all three missions involving thehomeland—HD, HS, and DSCA. The key differencebetween the three missions is that DOD is responsible forthe federal response to HD; DOD is in support of otherfederal agencies’ HS responsibilities; and DOD conductsDSCA operations in support of another primary agencysupporting a state, local, territorial, or tribal response.DOD works with the Department of Homeland Security(DHS) and other United States Government (USG)departments and agencies to accomplish these missions.Fundamentals ofResponseState and local officials are responsible for preparing forand coordinating the provision of assistance to theirpopulace for domestic emergencies and disasters.Governors have the authority to deploy and employ NGforces under their control in response to domesticincidents. NG forces in most situations will be employedunder their control prior to requesting federal assistance;however, a governor may request federal assistance inparallel.The USG maintains a wide array of capabilities andresources that can be made available upon request of thegovernor of a state or local civil authorities for immediateresponse or under mutual aid agreements. When anincident occurs that exceeds or is anticipated to exceedstate, local, or tribal resources, both neighboring states andthe USG may provide resources and capabilities to supportthe response.xJP 3-28

Executive SummaryAll Hazards Scope ofDefense Support of CivilAuthoritiesThe homeland is confronted by a full spectrum of threatsand hazards. Some can be difficult to categorize as eithera traditional military threat requiring only a DOD responsecapability or a purely law enforcement threat requiring anonmilitary response from DHS, the Department ofJustice, or other civilian agency. The characterization ofa particular threat may ultimately rest with thePresident. Other threats (e.g., civil disorder) may becharacterized by individual governors.Supporting a Comprehensive All Hazards ResponseState, Local, Territory,and Tribal GovernmentRolesResponse begins at the local level with public officialsand responders at the county, city, municipality, ortown affected by the incident. Local leaders andemergency responders prepare their communities tomanage incidents locally. The National ResponseFramework (NRF) response guidance describescoordinating resources within jurisdictions, amongadjacent jurisdictions, and with the private sector andnongovernmental organizations (NGOs) such as theAmerican Red Cross.Federal RoleThe USG maintains a wide range of capabilities andresources that may be required to deal with domesticincidents to save lives and protect property and theenvironment while ensuring the protection of privacy,civil rights, and civil liberties. All USG departments andagencies must cooperate with one another and with state,local, tribal, and territorial governments, communitymembers, and the private sector to the maximum extentpossible.The USG becomes involved with a response when federalinterests are involved; if state, local, tribal, or territorialresources are overwhelmed; and federal assistance isrequested or as authorized or required by statute,regulation, or policy. Accordingly, in some instances, theUSG may play a supporting role to state and local civilauthorities by providing federal assistance to the affectedparties.Department of DefenseImmediate Response andEmergency AuthorityAs authorized by Title 42, USC, Chapter 68, Section 5121,The Robert T. Stafford Disaster Relief and EmergencyAssistance Act) (commonly referred to as the (StaffordAct) and prescribed by Department of Defense Directive(DODD) 3025.18, Defense Support of Civil Authoritiesxi

Executive Summary(DSCA), federal military commanders, heads of DODcomponents, and responsible DOD civilian officials haveimmediate response authority. In response to an RFAfrom a civil authority, under imminently seriousconditions and if time does not permit approval fromhigher authority, DOD officials may provide animmediate response by temporarily employing theresources under their control, subject to any supplementaldirection provided by higher headquarters, to save lives,prevent human suffering, or mitigate great propertydamage within the US.Emergency SupportFunctionsThe USG and many state governments organize theirresponse resources and capabilities under the emergencysupport function (ESF) construct. ESFs have proven to bean effective way to organize and manage resources todeli

Executive Summary x JP 3-28 appropriate authorities. DSCA is conducted only in the US homeland. Homeland Security, Homeland Defense, and Defense Support of Civil Authorities Homeland security (HS), homeland defense (HD), a

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