Military reference books and manuals (2009-2023, Volume 2)

ANA 3-24.4 Kandak Checklist

LINE 6. IMPACT ON MISSION:

__________________________________________

__________________________

_____________________________________________

__________________________.

(Short description of current tactical situation and how

the IED/UXO affects the status of the mission).

LINE 7. PROTECTIVE MEASURES:

______________________________________

_____________________________________________

__________________________.

(Any measures taken to protect personnel and

equipment).

LINE 8. RECOMMEDED PRIORITY:

_____________________________________.

(Immediate, Indirect, Minor, No Threat).

PRIORITY

Immediate: Stops unit’s maneuver and mission

capability or threatens critical assets vital to the mission.

Indirect: Stops the unit’s maneuver and mission

capability or threatens critical assets important to the

mission.

Minor: Reduces the unit’s maneuver and mission

capability or threatens non-critical assets of value.

No Threat: Has little or no effect on the unit’s

capabilities or assets.

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ANA 3-24.4 Kandak Checklist

Appendix O

Working with ETTs and OMLTs

1. The Coalition Forces are our partners. Always

treat them as equals and with dignity, and

respect. We are all fighting terrorism.

2. We represent who we work with. The

Coalition Forces are here to assist and mentor us.

If we succeed, they succeed.

3. Continually strive to improve relationships

with our coalition partners. Understand and

anticipate their experience, perspective and

coordinate, coordinate, coordinate.

4. Be open to suggestion from our Coalition

partners on ways to improve our ANA unit.

5. Go to them and seek assistance. The Coalition

often has resources outside of the ANA. These

assets may not be available, but if they are

available and not requested, opportunities may

be lost.

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ANA 3-24.4 Kandak Checklist

Glossary and Acronyms

ABL - Ammunition Basic Load

ACE - Ammunition, Casualty, and Equipment.

Commonly refers to a status report sent during the

reorganization phase after contact with the enemy.

Actions on Contact. A series of combat actions, often

conducted at the same time, taken upon contact with the

enemy to develop the situation

Agility. The ability of friendly forces to act faster than

the enemy and is a prerequisite to seizing and holding

the initiative

Alternate position - a position given to a weapon, unit,

or individual to occupy when the primary position

becomes unsuitable for carrying out its task. The

alternate position covers the same field of fire as the

primary position

Ambush - a surprise attack from a concealed position on

a moving or temporarily halted target

AO - Area of Operation

APC - Armored Personnel Carrier. A generic title for

M113, BMP, BRDM

Area reconnaissance - a reconnaissance operation to

obtain detailed information concerning the terrain or

enemy activity within a prescribed area

ASCOPE - Areas, Structures, Capabilities,

Organization, People, Events.

Assault - to make a short, violent, but well-ordered

attack against a local objective such as a gun

emplacement, a fort, or a machine gun nest

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ANA 3-24.4 Kandak Checklist

Attached - a temporary placement of units or personnel

in an organization. The unit or organization receiving the

attachment has the responsibility to provide the attached

units with sustainment support above its organic

capability

Attack Position. The last position occupied by an

assaulting or attacking unit before crossing the line of

departure

Avenue of approach - a ground route of an attacking

force of a given size leading to its objective or to key

terrain in its path

Axis - the general direction of movement on a route

Base of fire - fire placed on an enemy force or position

to reduce or eliminate the enemy’s capability to interfere

by fire and/or movement with friendly maneuver

element(s). It may be provided by a single weapon or a

grouping of weapons systems.

Battlefield Operating System (BOS). A listing of

critical tactical activities. The BOS provide a means of

reviewing preparations or execution in separate subsets.

Critical to this review is the synchronization and

coordination of activities not only within a BOS, but

among the various BOS. The seven BOS are: a.

intelligence system—the activity to generate knowledge

of and products portraying the enemy and the

environmental features required by a command planning,

preparing, executing, and assessing operations; b.

maneuver system—the movement of forces to achieve a

position of advantage with respect to enemy forces. This

system includes the employment of forces in

combination with direct fire or fire abilities. This system

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ANA 3-24.4 Kandak Checklist

also includes the conduct of tactical tasks associated with

force protection; c. fire support system—the collective

and coordinated use of target-acquisition data, indirect-

fire weapons, fixed-wing aircraft, and other lethal and

nonlethal means against targets located throughout an

area of operations; d. air defense system—protects the

force from air attack, and aerial surveillance. It prevents

enemies from interdicting friendly forces, while freeing

commanders to synchronize movement and firepower; e.

mobility/ countermobility / survivability system—

mobility operations preserve the freedom of maneuver of

friendly forces; countermobility operations deny

mobility to enemy forces; survivability operations

protect friendly forces from the effects of enemy weapon

systems; f. combat service support system—the support

and services to sustain forces during all operations; g.

command and control system—collective tasks which

support the exercise of authority and direction by a

commander over assigned and available forces

Battle Handover (BHO)/Battle Handover Line

(BHL). Action (BHO) that occurs at a designated point

(phase line) on the ground (BHL) where responsibility

transitions from the stationary force to the moving force

and vice versa. It is within direct fire range and observed

indirect fire range of the stationary force

Block - a tactical mission that denies the enemy access

to an area or prevents his advance in a direction or along

an avenue of approach

Bounding overwatch - a movement technique used

when contact with enemy forces is expected. The unit

moves by bounds. One element is always halted in

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ANA 3-24.4 Kandak Checklist

position to overwatch another element while it moves.

The overwatching element is positioned to support the

moving unit by fire or fire and movement

BP - Battle Position, a defensive location oriented on a

likely enemy avenue of approach.

Breach - a tactical mission in which the unit employs all

available means to break through or secure a passage

through an enemy defense, obstacle, minefield, or

fortification

Bypass - a tactical mission in which the commander

directs his unit to maneuver around an obstacle or

location, avoiding combat with an enemy force

Cache - hidden location of supplies and weapons

CCIR - Commanders Critical Information Requirements

CCP - Casualty Collection Point

Clear - a tactical mission that requires the commander

to remove all enemy forces and eliminate any organized

resistance in an assigned area

COMSEC - communications security

Contact point - a point on the terrain, easily

identifiable, where two or more ground units are required

to make physical contact

Counterattack - attack by part or all of a defending

force against an enemy attacking force, for such specific

purposes as regaining ground lost, or cutting off or

destroying enemy advance units

CP - Command Post

CS - Combat Support

CSS - Combat Service Support

Deception - those measures designed to mislead the

enemy to make him react in a way not to his interests.

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ANA 3-24.4 Kandak Checklist

The goal is to make an enemy more vulnerable to the

effects of weapons, maneuver, and operations of friendly

forces

Defeat - a tactical task to either disrupt the enemy force

commander’s plan or suppress his will to fight so that he

is unwilling or unable to maintain his plan

Delay - a force under pressure trades space for time by

slowing the enemy’s momentum and inflicting

maximum damage on the enemy without becoming

decisively engaged

Deliberate attack - an offensive operation with

preplanned coordinated employment of firepower and

maneuver to close with and destroy or capture the enemy

Destroy - to damage a combat system so badly that it

cannot perform any function or be restored to a useable

condition without being entirely rebuilt; to leave an

enemy force or equipment combat-ineffective

Dispersion - the spreading or separating of troops,

material, establishments, or activities which are usually

concentrated in limited areas to reduce vulnerability

Disposition - The exact location of the enemy forces

and key weapons systems.

Disrupt - a tactical task or obstacle effect that integrates

fire planning and obstacle effort to break apart an

enemy's formation and tempo, interrupt the enemy's

timetable, or cause premature commitment of enemy

forces, or the fragmenting of his attack

Diversion - the act of drawing the attention and forces

of an enemy from the friendly main attack

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ANA 3-24.4 Kandak Checklist

DLIC - detachment(s) left in conflict, an element left in

contact as part of the previously designated security

force while the main body conducts its withdrawal

DS - Direct Support

EA - Engagement Area

EPW - Enemy Prisoner of War

FA - Field Artillery

FEBA - forward edge of the battle area, the forward line

which main body ground combat units are deployed.

Does not include the areas in which the covering,

screening forces or scouts are operating. It is designated

to coordinate fire support, the positioning of forces, or

the maneuver of units

Field of fire - the area which a weapon or a group of

weapons may cover effectively with fire from a given

position

Final Protective Fire - An immediately available

prearranged barrier of fire designed to hamper enemy

movement.

FIST - Fire support team

Fix - preventing the enemy from moving any part of his

force from a specific location for a specific period of

time

FO - Forward Observer, an observer operating with

front line troops and trained to adjust indirect fire and

pass back battlefield information. In the absence of a

forward air controller, the observer may control close air

support strikes.

FPF - Final Protective Fire, an immediately available

prearranged barrier of fire designed to hamper enemy

movement

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ANA 3-24.4 Kandak Checklist

FPL - Final Protective Line, A line of fire selected

where an enemy assault is to be stopped by interlocking

fire from all available weapons and obstacles.

FRAGO - fragmentary order, a shortened form of an

operation order issued following the original order that

eliminates the need for restating information contained in

a basic operations order. It can be verbal or a written

message that provides brief, specific, and timely

instructions to change or modify the original order

Fratricide - the unintentional killing or wounding of

friendly personnel by friendly firepower

FSE - Fire Support Element, part of the tactical

operations center that is responsible for targeting,

coordination and for integrating fires under the control,

or in support, of the maneuver unit

FSO - Fire Support Officer

Hasty attack - an offensive operation conducted with

the forces immediately available to maintain momentum

or to take advantage of the enemy situation, does not

normally

HVT - High Value Target

IAW - In Accordance With

Illum - Illumination

Infiltrate - A form of maneuver in the offense. A way

of reaching the enemy’s rear without fighting through

prepared defenses and without being seen or heard.

Isolate - to prevent an enemy unit from having contact

with other enemy forces, a tactical mission task that

requires a unit to seal off-both physically and mentally

an enemy from his sources of support, denies an enemy

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ANA 3-24.4 Kandak Checklist

freedom of movement, and prevents an enemy unit from

having contact with other enemy forces

KIA - Killed In Action

Kill zone - the part of an ambush site where fire is

concentrated to destroy the enemy

KAS - Kandak Aid Station

LBE - Load Bearing Equipment, the suspenders and

cummerbund individual soldiers wear to carry their

individual equipment - canteens, ammunition pouches,

first aid pouch

LD - Line of Departure, a line designated to coordinate

the departure of attack elements. A phase line crossed at

a prescribed time by troops initiating an offensive

operation

Link-up point - a point where two elements are

scheduled to meet to consolidate before proceeding with

their missions

LOGPAC - logistics package

LOS - Line Of Sight, the ability to see from one point to

another. The unobstructed path from a soldier, weapon,

weapon sight, or piece of reconnaissance equipment to

another point

LZ - Landing Zone

MEDEVAC - medical evacuation can be by or ground

METT-TC - Mission, Enemy, Terrain, Troops, Time

Available, And Civil Considerations

MTP - Mission Training Plan

Mutual support - that support which units provide each

other against an enemy because of their assigned tasks,

their position relative to each other and to the enemy,

and their inherent capabilities. It normally is associated

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ANA 3-24.4 Kandak Checklist

with support rendered through fire and movement. A

condition which exists when positions are able to support

each other by direct fire, thus preventing the enemy from

attacking one position without being subjected to direct

fire from one or more adjacent positions

NAI - Named Area of Interest, a point or area along a

particular avenue of approach through which enemy

activity is expected to occur

NLT - Not Later Than

Obscure - the effects of weather, battlefield dust, and

debris, or the use of smoke to hamper observation and

target-acquisition capability or to conceal activities or

movement

Obstacle - any obstruction designed to disrupt, fix, turn,

or block the movement of an opposing force, and to

impose additional losses in personnel, time, and

equipment on the opposing force, they can be natural,

manmade, or a combination of both

OCOKA - Observation and fields of fire, Cover and

concealment, Obstacles and movement, Key terrain, and

Avenues of approach, the considerations for conducting

terrain analysis

OMLT - Operational Mentor Liaison Team

OP - Observation Post, a position from which military

observations are made, or fire directed and adjusted, and

which has appropriate communications

OPCON - operational control

OPORD - operation order, a directive issued by a

commander to subordinate commanders for the purpose

of directing the coordinated execution of an operation.

Also called the five paragraph field order, it contains as a

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ANA 3-24.4 Kandak Checklist

minimum a description of the task organization,

situation, mission, execution, administrative and logistics

support, and command and signal for the specified

operation

ORP - Objective Rally Point, a rally point out of sight,

sound and smalls arms range of the objective area

Overwatch - a tactical technique in which one element

is positioned to support the movement of another

element with immediate fire. The tactical role of an

element positioned to support the movement of another

element with immediate fire

Passage point - a specifically designated place where

one unit will pass through a stationary unit

PB - Patrol Base, the point of origin of a patrol where all

equipment not required for the patrol is left, all supplies

necessary for resupplying the patrol and additional

medical supplies and assistance are staged at this

location

PDF - Principal Direction of Fire

PL - Phase Line

PLD - Probable Line of Deployment

PMCS - Preventive Maintenance Checks and Services

PSG - platoon sergeant

R&S - Reconnaissance and Security

Raid - a combat operation to attack a position or

installation followed by a planned withdrawal.

Recon - reconnaissance

Release Point - A location on a route where elements

are released from centralized control.

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ANA 3-24.4 Kandak Checklist

Reorganize - action taken to shift internal resources

within a degraded unit to increase its level of combat

effectiveness

ROE - Rules Of Engagement

RP - Release Point, a location on a route where elements

are released from centralized control

RRP - Reentry Rally Point

RTO - Radio Telephone Operator

SALUTE - Size, Activity, Location, Unit, Time, and

Equipment; an observation report

SALT-W - Size, Activity, Location, Time, W-what you

going to do about it

Screen - a security operation that primarily provides

early warning to the protected force

Secure - preventing a unit, facility, or location from

being damaged or destroyed as a result of enemy action

Seize - taking possession of a designated area using

overwhelming force

SOI - Signal Operating Instructions

SOP - Standing Operating Procedures, a set of

instructions covering those features of operations which

lend themselves to a definite or standardized procedure

without loss of effectiveness. The procedure is

applicable unless ordered otherwise

SOSR - Suppress, Obscure, Secure, and Reduce, the

steps to breach an obstacle

Suppress - the focus of all fires on enemy personnel,

weapons, or equipment to prevent effective fires on

friendly forces

T&E - Traversing and Elevation mechanism

TACSOP - tactical standing operating procedure

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FOREWORD

This multi-Service tactics, techniques, and procedures (MTTP) publication is a project of

the Air Land Sea Application (ALSA) Center in accordance with the memorandum of

agreement between the Headquarters of the Army, Marine Corps, Navy, and Air Force

doctrine commanders directing ALSA to develop MTTP publications to meet the

immediate needs of the warfighter.

This MTTP publication has been prepared by ALSA under our direction for

implementation by our respective commands and for use by other commands as

appropriate.

ROBERT R. NAETHING

DANIEL J. O’DONOHUE

Deputy to the Commanding General

Brigadier General, US Marine Corps

US Army Combined Arms Center

Director

Capabilities Development Directorate

TERRY B. KRAFT

THOMAS K. ANDERSEN

Rear Admiral, US Navy

Major General, US Air Force

Commander

Navy Warfare Development Command

Curtis E. LeMay Center for Doctrine

Development and Education

This publication is available through the following web sites: ALSA

(http://www.alsa.mil/); US Army at Army Knowledge Online (AKO)

(https://armypubs.us.army.mil/doctrine/index.html ); US Navy at Navy Doctrine

Library System (NDLS) (http://ndls.nwdc.navy.smil.mil); and US Air Force at Air

Force E-Publishing (http://www.e-publishing.af.mil/).

PREFACE

1. Purpose

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.

Note: For the Army, the term "command and control" was replaced with "mission

command." "Mission command" now encompasses the Army's philosophy of command

(still known as mission command) as well as the exercise of authority and direction to

accomplish missions (formerly known as command and control).

2. Scope

This publication provides procedures for actions taken by the military Services when

directed to support local, territorial, state, federal or tribal agencies in response to

domestic emergencies. Support can be in the form of expertise, equipment, manpower,

plans, organization, communication, training and/or other resources.

3. Applicability

This publication establishes MTTP applicable to all Service organizations tasked with

supporting domestic incident response, to include: natural and/or man-made disaster

response operations, domestic special events of national importance, and/or support to

law enforcement. These MTTP enable Department of Defense (DOD) organizations

assisting civil authorities to efficiently integrate DOD capabilities into response

operations. This publication is unclassified with Distribution Statement A, in accordance

with DODI 5230.24.

4. Implementation Plan

Participating Service command offices of primary responsibility will review this

publication, validate the information and, where appropriate, reference and incorporate

it in Service manuals, regulations, and curricula as follows:

Army. Upon approval and authentication, this publication incorporates the tactics

and techniques contained herein into the US Army Doctrine and Training Literature

Program as directed by the Commander, US Army Training and Doctrine Command.

Marine Corps.¹ The Marine Corps will incorporate the procedures in this publication

in US Marine Corps training and doctrine publications as directed by the Commanding

General, US Marine Corps Combat Development Command (MCCDC). Distribution is in

accordance with the Marine Corps Publication Distribution System.

Navy. The Navy will incorporate these procedures in US Navy training and doctrine

publications as directed by the Commander, Navy Warfare Development Command

(NWDC)[N5]. Distribution is in accordance with Military Standard Requisitioning and

Marine Corps PCN: 143 000170 00

11 FEBRUARY 2013

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67

Issue Procedures (MILSTRIP) Desk Guide, Naval Supply Systems Command

Publication 409 (NAVSUP Pub 409).

Air Force. The Air Force will incorporate the procedures in this publication in

accordance with applicable governing directives. Distribution is in accordance with Air

Force Instruction (AFI) 33-360.

5. User Information

a. US Army Combined Arms Center, MCCDC, NWDC, Curtis E. LeMay Center for

Doctrine Development and Education, and the Air Land Sea Application Center

developed this publication with the joint participation of the approving Service

commands. ALSA will review and update this publication as necessary.

b. This publication reflects current joint and Service doctrine, command and control

and Army mission command organizations, facilities, personnel, responsibilities, and

procedures. Changes in Service protocol, appropriately reflected in joint and Service

publications, will likewise be incorporated in revisions to this document.

c. We encourage recommended changes for improving this publication. Key

comments to the specific page and paragraph and provide a rationale for each

recommendation. Send comments and recommendations directly to:

Army

Commander, US Army Combined Arms Center

ATTN: ATZL-MCK-D

Fort Leavenworth KS 66027-6900

DSN 552-4885 COMM (913) 684-4885

E-mail: LEAV-CADD-WEB-CADD@conus.army.mil

Marine Corps

Deputy Commandant for Combat Development and Integration

ATTN: C116

3300 Russell Road, Suite 204

Quantico VA 22134-5021

DSN 278-2871/6227 COMM (703) 784-2871/6227

E-mail: Publication POC at https://www.doctrine.usmc.mil

Navy

Commander, Navy Warfare Development Command

ATTN: N52

1528 Piersey St, Building O-27

Norfolk VA 23511-2723

DSN 341-4185 COMM (757) 341-4185

E-mail: alsapubs@nwdc.navy.mil

Air Force

Commander, Curtis E. LeMay Center for Doctrine Development and Education

ATTN: DDJ

401 Chennault Circle

Maxwell AFB AL 36112-6004

DSN 493-2640/2256 COMM (334) 953-2640/2256

E-mail: lemayctr.ddj.workflow@maxwell.af.mil

ALSA

Director, ALSA Center

114 Andrews Street

Langley AFB VA 23665-2785

DSN 575-0902 COMM (757) 225-0902

E-mail: alsa.director@langley.af.mil

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67

11 FEBRUARY 2013

SUMMARY OF CHANGES

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67, Multi-Service Tactics,

Techniques, and Procedures for Defense Support of Civil Authorities and Integrating

With National Guard Civil Support.

This revision, provides a major overhaul of the document—

• Changes and reorganizes the overview of defense support of civil authorities

(DSCA) to focus on a tiered, integrated response (Chapter I, The Homeland and

DSCA Operating Environment).

• Updates content of Appendix A, Statutory and Legal Ramifications and moves

content to Chapter II, Legal Considerations Associated with DSCA.

• Consolidates the following previous chapters into Chapter III, General

Operational Planning and Execution:

• Chapter III, Communications Support Operations

• Chapter IV, Airport and Seaport Operations

• Chapter VI, Search and Rescue (SAR)

• Chapter VII, Medical Response

• Chapter VIII, Evacuation Operations

• Chapter IX, Logistics

• Adds Chapter IV, Commander’s Considerations, describing tactical level

considerations by position and equivalent civilian counterparts.

• Deletes previous Chapter V, Public Safety and Security.

• Adds Chapter V, General Planning Factors, a planning tool describing DSCA

factors at the tactical level.

• Adds Chapter VI, Specific Hazard Guidance, describing resources and planning

tools for fires, storms, earthquakes, floods, winter storms, incidents, and special

events.

• Adds appendix A, High Demand Task Organizations describing military

organizations and capabilities for DSCA.

• Deletes Appendix B, Liaison Officer (LNO) Requirements, Appendix C, Public

Communication, Appendix D, Assessment Team, Appendix E, Geographical

Reference Systems, Appendix F, Imagery Dissemination Architecture, and Appendix

G, Reports.

• Updates communication support, airport and seaport operations, search and

rescue, medical response, evacuation operations, and logistics in chapter III.

• Adds coordination and capability of the National Guard in all authorities.

11 FEBRUARY 2013

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67

iii

*ATP 3-28.1 (FM 3-28.1)

MCWP 3-36.2

NTTP 3-57.2

AFTTP 3-2.67

ATP 3-28.1 (FM 3-28.1)

US Army Training and Doctrine Command

US Army Combined Arms Center

Ft. Leavenworth, Kansas

MCWP 3-36.2

Marine Corps Combat Development Command

Quantico, Virginia

NTTP 3-57.2

Navy Warfare Development Command

Norfolk, Virginia

AFTTP 3-2.67

Curtis E. LeMay Center for Doctrine

Development and Education

Maxwell Air Force Base, Alabama

11 February 2013

DSCA

MULTI-SERVICE TACTICS, TECHNIQUES, AND PROCEDURES FOR

DEFENSE SUPPORT OF CIVIL AUTHORITIES AND INTEGRATING WITH

NATIONAL GUARD CIVIL SUPPORT

CHAPTER I THE HOMELAND AND DSCA OPERATING ENVIRONMENT

1. Background

2. Authorities Governing DSCA

3. Legal Authority

4. Overview of the National Response Framework (NRF) and National Incident

Management System (NIMS)

5. Overview of the Department of Homeland Security (DHS)

6. Tiered Response Overview

7. State Military Response

8. Federal Military Response

9. Request for Assistance (RFA)/Mission Assignment (MA) Process

10. Parallel State and Federal Military Command Structures

11. Dual Status Command Structure

CHAPTER II LEGAL CONSIDERATIONS ASSOCIATED WITH DSCA

1. Background

2. Posse Comitatus Act (PCA), 18 U.S.C. § 1385

DISTRIBUTION STATEMENT: Approved for public release; distribution is unlimited.

*Supersedes FM 3-28.1/NTTP 3-57.2/AFTTP(I) 3-2.67, 3 December 2007.

11 FEBRUARY 2013

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67

3. Permitted Assistance Under PCA

4. Constitutional Exceptions to the PCA

5. Select Statutory Exceptions to the PCA

6. PCA Legal Advisors

7. Disaster Response

8. Immediate Response Authority (IRA)

9. Intelligence Oversight (IO)

10. Rules of Engagement (ROE) and Rules for the Use of Force (RUF)

CHAPTER III GENERAL OPERATIONAL PLANNING AND EXECUTION

1. Planning Considerations in the DSCA Environment

2. Mission Analysis

3. Facilities and Support Requirements: Bases, Airports, Ports, or Sea Basing ..

4. Reception, Staging, Onward Movement and Integration (RSOI)

5. Developing Situational Awareness (SA)

6. Operational Concept/Initial Planning

7. Evacuation Considerations

8. Communications Planning Factors

9. Data Communications Planning

CHAPTER IV COMMANDER’S CONSIDERATIONS

1. Overview

2. Tactical Level Commander

3. Executive Officer (XO) - could also be Deputy or Chief of Staff (COS)

4. Personnel/Human Resources

5. Intelligence

6. Plans and Operations

7. Logistic and Resource Management

8. Communications

9. Public Affairs Officer/Information Officer

10. Staff Judge Advocate (SJA)

11. Religious Support

12. Medical Officer/Surgeon/Medical Teams

13. Aviation Officer

CHAPTER V GENERAL PLANNING FACTORS

1. Overview

2. Phases of a DSCA operation

3. Tactical Level Leadership

4. Personnel/Human Resources

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67

11 FEBRUARY 2013

5. Incident Awareness and Assessment

6. Plans and Operations

7. Logistic and Resource Management

8. Communications

9. Public Affairs Officer/Information Officer (PAO/PIO)

10. Staff Judge Advocate

11. Religious Support

12. Medical Officer/Surgeon/Medical/Teams

13. Aviation

CHAPTER VI SPECIFIC HAZARD GUIDANCE

1. Overview

2. Wildland Fires

3. Wind Storms (Tropical Cyclones, Hurricanes, Typhoons, and Tornadoes)

4. Earthquakes

5. Floods

6. Winter Storms

7. CBRN Incidents

8. Special Events

101

APPENDIX HIGH DEMAND TASK ORGANIZATIONS

103

1. Overview

103

2. Military Law Enforcement (MLE)

103

3. Military Engineering

103

4. Aviation

104

5. Communication

104

6. Search and Rescue (SAR)

105

7. Medical Capabilities

105

8. Mortuary Affairs

106

9. Chemical, Biological, Radiological, and Nuclear (CBRN) Response Capabilities

................................................................................................................. 106

10. Logistics/Transportation/Services Contracting

107

11. Maritime Forces

108

11 FEBRUARY 2013

ATP 3-28.1/MCWP 3-36.2 /NTTP 3-57.2/AFTTP 3-2.67

vii

List of Figures

Figure 1. Defense Support of Civil Authorities/National Guard Civil Support

Figure 2. Incident Command System

Figure 3. FEMA Regions

Figure 4. United States Coast Guard Districts

Figure 5. Sample Augmented Defense Coordinating Element (DCE)

Figure 6. Joint Field Office Structure

Figure 7. Request for Assistance/Response Decision Matrix

Figure 8. Format Sample Assignment List (ICS 204)

List of Tables

Table 1. Federal Emergency Support Functions

Table 2. Commander’s Standing Rules for the Use of Force (SRUF) Responsibilities

(Title 10 Forces)

Table 3. Standing Rules for the Use of Force (SRUF) Card Template

(Title 10 Forces)

Table 4. Rules for the Use of Force Card Template

(Title 32 and State Active Duty National Guard)

Table 5. Sample Airfield Survey

Table 6. Sample Seaport Survey

Table 7. Sample Mission Assignments

Table 8. Sample Survey for a Military-Assisted Evacuation

Table 9. Anticipated Communication/Network Requirements

Table 10. Example of Basic Public Affairs Guidance

Table 11. Examples of DCSA Information Requirements

Table 12. Example Medical Situation Report (SITREP)

Table 13. Modified Mercalli Scale and the Richter Scale

Table 14. Wind Chill Factor

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EXECUTIVE SUMMARY

DSCA

Multi-Service Tactics, Techniques, and Procedures (MTTP) for Defense Support of Civil

Authorities (DSCA) and Integrating With National Guard Civil Support (NGCS)

describes Title 10, United States Code (U.S.C.), military involvement in DSCA as they

operate unilaterally or jointly with National Guard (NG) forces in civil support (CS)

environments. Military (operating under all authorities) and civilian after-action reports

identify the need for expanded joint military and interagency procedures to enhance

military and civil interoperability. For DSCA operations to be effective, active, reserve

and NG personnel operating under differing military authority should understand the

integration of duties and legal limitations as they interact with civilian agencies at the

tactical level.

Military DSCA domestic emergencies/activities to include all-hazard disaster response

operations present unique challenges, working under differing legal authorities and

chains of command when coordinating with and working alongside non-Department of

Defense, state, local, and tribal agencies. This publication enhances military

understanding as Title 10, U.S.C., and Title 32, U.S.C., federal authorities work side-by-

side in typical DSCA/CS force organizations and outlines some of the challenges

impacting military operations.

Chapter I The Homeland and DSCA Operating Environment

Chapter I provides a broad overview of how operating in the homeland differs from other

areas of responsibility. It explains briefly homeland security, homeland defense, DSCA,

and NGCS. The chapter discusses the role of Federal military forces and state NG

forces and how they complement each other. It introduces the different authorities (Title

10, and Title 32, U.S.C., and state active duty). The National Incident Management

System (NIMS) and National Response Framework (NRF) are summarized. It includes

a section on basic command and control (Army mission command) and illustrates dual-

status and parallel command channels. It emphasizes unity of effort even though there

may not be unity of command.

Chapter II Legal Considerations Associated with DSCA

Chapter II highlights the legal considerations associated with DSCA operations, most

notably Posse Comitatus, immediate response authority, disaster response under the

Stafford Act, Rules for the Use of Force, and Intelligence Oversight rules. The chapter

contains examples and vignettes to help illustrate the legal principles.

Chapter III General Operational Planning and Execution

Chapter III highlights general planning and execution considerations in a DSCA

environment such as facility availability, evacuation considerations, and

communications. This chapter focuses on factors unique to the DSCA mission set.

Chapter IV Commander’s Considerations

Chapter IV provides DSCA environment-specific planning and execution considerations

for military forces. The chapter describes and compares the overall responsibility of

each key billet and its coordination with civilian counterparts.

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PROGRAM PARTICIPANTS

The following commanders and agencies participated in this publication:

Joint

US Northern Command (USNORTHCOM), Peterson AFB, CO

The Joint Staff J3, Joint Enabling Capabilities Command, Joint Deployable Team,

Suffolk, VA

Joint Task Force Civil Support (JTF-CS), Fort Eustis, VA

Army

US Army Combined Arms Center (CAC), Fort Leavenworth, KS

US Army Training and Doctrine Command (TRADOC), Fort Eustis, VA

US Army North, Fort Sam Houston, TX

US Army Maneuver Support Center of Excellence, Fort Leonard Wood, MS

US Army, Joint Test Element, Alexandria, VA

US Army Medical Department, Fort Sam Houston, TX

The Judge Advocate General’s Legal Center and School, Charlottesville, VA

Marine Corps

US Marine Corps Combat Development Command (MCCDC), Quantico, VA

Marine Corp Capabilities Development Directorate, Quantico, VA

Navy

Navy Warfare Development Command (NWDC), Norfolk, VA

US Fleet Forces Command, Norfolk, VA

Air Force

Curtis E. LeMay Center for Doctrine Development and Education,

Maxwell Air Force Base, AL

National Guard

National Guard Bureau, Pentagon, Washington DC

Army National Guard Office, Arlington, VA

Air National Guard Readiness Center, Andrews AFB, MD

Coast Guard

Coast Guard Headquarters, Washington, DC

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Chapter I

THE HOMELAND AND DSCA OPERATING ENVIRONMENT

1. Background.

a. The Unique Homeland Operating Environment. There are critical differences

among operations conducted during homeland defense, operations conducted in

support of civil authorities and operations conducted outside the United States (US).

Principally, these are the roles of civilian organizations; the relationship of military

forces to federal, state, tribal, and local agencies; and the legal authorities under

which military forces operate. US military personnel must understand the domestic

environment so they can employ military capabilities efficiently, effectively, and

legally.

b. The Geography of the Homeland Domestic Environment. The United States

includes 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the

US Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, and any territory, or protectorate of the US or any political

subdivision thereof. In addition to its land areas, the US exercises sovereignty 12

miles out to sea and has internationally recognized responsibilities extending 200

miles from the coast. Military forces may support civil authorities anywhere within

this vast area.

c. Homeland Security and Homeland Defense. Homeland security and homeland

defense are complementary components of the National Security Strategy.

Homeland defense is the protection of US sovereignty, territory, domestic

population, and critical defense infrastructure against external threats and

aggression, or other threats as directed by the President (Joint Publication [JP] 3-27,

Homeland Defense). Missions are defined as homeland defense if the nation is

under a concerted attack. The Department of Defense (DOD) leads homeland

defense and is supported by the other federal agencies. In turn, the DOD supports

the nation's homeland security effort, which is led by the Department of Homeland

Security (DHS). Homeland security is the concerted national effort to prevent

terrorist attacks within the US; reduce America's vulnerability to terrorism, major

disasters, and other emergencies; and minimize the damage and recover from

attacks, major disasters, and other emergencies that occur (JP 3-28, Civil Support).

A review of the relationship among homeland defense, homeland security, and

defense support of civil authorities (DSCA) is located in JP 3-28. This publication

principally focuses on aspects associated with homeland security - DSCA and

National Guard Civil Support (NGCS).

d. Defense Support of Civil Authorities. Civil support operations are vital aspects of

the military’s service to the nation. DSCA is defined as follows:

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”Support provided by US federal military forces, DOD civilians, DOD contract

personnel, DOD component assets, and National Guard forces (when the

Secretary of Defense (SecDef), in coordination with the governors of the affected

states, elects and requests to use those forces in Title 32, United States Code) in

response to requests for assistance from civil authorities for domestic

emergencies, law enforcement support, and other domestic activities, or from

qualifying entities for special events.”

DOD directive (DODD) 3025.18, Defense Support of Civil Authorities (DSCA)

e. National Guard Civil Support. The National Guard Bureau (NGB) defines NGCS

as, support provided by the NG of the several states while in state active duty (SAD)

status or Title 32 duty status to civil authorities for domestic emergencies, and for

designated law enforcement and other activities.

Note: Duty authority determines whether NG forces are conducting NGCS, DSCA, or

both. NG duty authorities are SAD, Title 32 or Title 10 U.S.C. These authorities

determine the restrictions under which NG forces operate as covered in Chapter II Legal

Considerations Associated with DSCA.

(1) Figure 1 provides a comparison of DSCA and NGCS.

Figure 1. Defense Support of Civil Authorities/National Guard Civil Support

(2) When in support of civilian authorities, all military forces remain under the

operational control (OPCON) and administrative control (ADCON) of their

respective military chains of command. Federal military forces always remain

under the command of the President through the SecDef and the supported

combatant commander (CCDR).

f. United States Coast Guard (USCG). Coast Guard forces may also be integrated

into the federal response under Title 14, U.S.C., authority and remain under the

OPCON and ADCON of their chain of command.

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2. Authorities Governing DSCA.

a. The authorities for provision of DSCA are found in law, DOD policy, and CJCS

and/or the supported geographic combatant commander orders. The authorities for

DOD components to conduct DSCA operations are found in DODDs such as

3025.18 and standing CJCS, US Northern Command (USNORTHCOM), and US

Pacific Command (USPACOM) DSCA execute orders (EXORDs). Additional

guidance for DSCA can be found in joint publications such as JP 3-28 and Service-

specific doctrine listed in the references section of this publication.

b. NG authority for providing NGCS in its state is specified by that state’s law.

Agreements among states for mutual aid under the emergency management

assistance compact (EMAC) or memoranda of agreement also fall under state laws.

NG Regulation 500-1, National Guard Domestic Operations outlines the

responsibilities of the NG Bureau as established by federal law.

c. Immediate Response Authority (IRA).

(1) DOD response may be provided under IRA. If requested, any federal military

commander, DOD component head, or responsible DOD civilian official can

provide resources to—

(a) Save lives.

(b) Prevent human suffering.

(2) Chapter II provides a detailed discussion of IRA.

3. Legal Authority.

a. A brief overview of the important legal aspects of DOD participation in DSCA

operations is provided in the following paragraphs. More detailed information may be

found in chapter II.

b. The Stafford Act. The Robert T. Stafford Disaster Relief and Emergency

Assistance Act, Public Law 93-28 and Public Law 100-707 (the Stafford Act, as

amended) authorizes the President to issue major emergency or disaster

declarations in response to catastrophes that overwhelm state governments; and

provide DOD and other Federal assets once the declaration is made.

c. The Economy Act. The Economy Act permits federal agencies to provide

resources and services to other federal agencies on a reimbursable basis. The

Economy Act is also the basis for the general rule that DOD will not compete with

commercial businesses.

d. The Posse Comitatus Act (PCA). The PCA prohibits Title 10, U.S.C., forces from

engaging in any direct civil law-enforcement activities unless a Constitutional or Act

of Congress exception applies (such as the Insurrection Act). Because the PCA is

often misunderstood, it is important military commanders operating in a DSCA

environment are familiar with it. PCA does not apply to NG in SAD or Title 32, U.S.C.

status; however, it does apply to NG in Title 10, U.S.C. status. Posse Comitatus

does not apply to the Coast Guard, as Title 14, U.S.C., personnel are authorized to

conduct law enforcement activities as part of the Coast Guard mission.

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e. Intelligence Oversight (IO). DOD and NG intelligence personnel performing

intelligence duties must adhere to federal and DOD IO rules including, but not limited

to, Executive Order 12333, United States Intelligence Activities; DODD 5240.01,

DOD Intelligence Activities; and DOD 5240.1-R, Procedures Governing the Activities

of DOD Intelligence Components That Affect United States Persons. In addition,

each Service has its own regulation and policy guidance. IO rules ensure the

protection of US persons’ constitutional rights and privacy, the collection of essential

authorized information by the least intrusive means, and the dissemination of

information limited to lawful government purposes. IO procedures require

information that identifies a US person may be collected only if it is necessary to the

conduct of a function assigned the collecting component and only if it falls within

certain criteria, which include: foreign intelligence, counterintelligence, international

terrorist activities, international narcotics activities, threats to safety, and overhead

and airborne reconnaissance.

4. Overview of the National Response Framework (NRF) and National Incident

Management System (NIMS).

The NRF and NIMS are designed to improve the nation’s incident management

capabilities and overall efficiency in response to domestic incidents.

a. NRF. The NRF presents the guiding principles enabling all response partners to

prepare for and provide a unified national response to domestic disasters and

emergencies. It establishes a comprehensive, national, all-hazards approach to

domestic incident response. The NRF defines the principles, roles, and structures to

organize how we respond as a nation.

b. Emergency Support Functions (ESFs). ESFs are used by the Federal

Government and many states as the primary mechanism to organize and provide

assistance. ESFs are organized under the NRF into 15 functional areas. Many

states have more than 15 ESFs, only the federally recognized ESFs are listed in

table 1. For detailed annexes on each ESF, go to

http://www.fema.gov/sites/default/files/orig/fema_pdfs/pdf/emergency/nrf/nrf-esf-

intro.pdf.

Table 1. Federal Emergency Support Functions (ESFs)

ESFs

Coordinator

#1 Transportation

Department of Transportation

#2 Communications

Department of Homeland Security (DHS) - National

Communications System

#3 Public Works and

Department of Defense (DOD) - US Army Corps of

Engineering

Engineers)

#4 Firefighting

United States Department of Agriculture (USDA ) - US

Forest Service

#5 Emergency Management

DHS - Federal Emergency Management Agency(FEMA)

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Table 1. Federal Emergency Support Functions (ESFs)

#6 Mass Care, Emergency

DHS - FEMA

Assistance, Housing, and

Human Services

#7 Logistics Management

General Services Administration and DHS - FEMA

and Resource Support

#8 Public Health and

Department of Health and Human Services

Medical Services

#9 Search and Rescue

DHS - FEMA

#10 Oil and Hazardous

Environmental Protection Agency

Materials Response

#11 Agriculture and Natural

USDA

Resources

#12 Energy

Department of Energy

#13 Public Safety and

Department of Justice

Security

#14 Long-Term Community

DHS - FEMA

Recovery

#15 External Affairs

DHS

Note: DOD is a supporting agency for all ESFs except ESF #3, Public Works and

Engineering. Although the Army Corps of Engineers is the Coordinator for #3, it does

so based upon its congressionally mandated status and not as a subordinate part of a

federal military joint task force.

c. NIMS.

(1) The NIMS provides terminology, and organizational processes which

establish a template for incident management. This system enables local, tribal,

state, and federal governments, as well as private sector, and nongovernmental

organizations (NGOs) to work with unity of effort in disaster response operations.

(2) Five major components make up this system’s approach. They are

preparedness, communications and information management, resource

management, command and management, and ongoing management and

maintenance.

d. The Incident Command System (ICS). ICS is a management system designed to

enable effective, efficient, and flexible incident management. ICS addresses incident

command in terms of single incident, area, and unified command. The incident

commander (IC) is supported by command and general staffs with functions

depicted in figure 2. Note: Incident Command System forms are part of the National

Interagency Incident Management System (NIIMS).

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Figure 2. Incident Command System

Note: ICS concept of “command” is different from the military use of this term. Military

forces in a DSCA environment will always remain under the OPCON and ADCON of the

military chain of command. Military forces are not directly under the command of the IC,

but instead, work in a supporting role.

5. Overview of the Department of Homeland Security (DHS).

DHS. DHS is a Presidential cabinet level organization with the responsibility of security

of the homeland, including response to national disasters at the federal level. Both the

Federal Emergency Management Agency (FEMA) and the USCG are part of DHS.

a. FEMA. FEMA is organized into ten regions, shown in figure 3. Each region

serves as the focal point for organizing and coordinating state and federal

emergency management for incidents within the region.

Figure 3. FEMA Regions

b. USCG. USCG is one of the five armed Services as prescribed in Title 14 U.S.C.,

Section 1.The US Coast Guard (USCG) executes a variety of missions, including

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search and rescue (SAR), maritime law enforcement, and defense readiness. The

USCG has support teams to assist with the federal response during an incident.

Figure 4 shows the USCG districts.

Figure 4. United States Coast Guard Districts

6. Tiered Response Overview.

a. The primary responsibility for responding to domestic disasters and emergencies

rests with the lowest level of government able to manage the response. If local and

state capabilities prove insufficient, state authorities may ask for assistance from

other states under existing agreements and compacts. State authorities normally

exhaust state resources, existing mutual aid agreements and EMAC before

requesting federal assistance. This is known as a tiered response.

b. Although tiered response is the guiding principle, an actual response can be

compressed to such a degree it begins almost simultaneously at all levels. NG

forces may receive an alert order through state channels at the same time federal

military forces receive an alert and prepare-to-deploy orders through DOD channels.

7. State Military Response.

a. NG.

(1) The NG is the first line of military response to most incidents. When the

governor of a state mobilizes the NG, the forces are typically in SAD under

command and control (C2) of the governor. SAD forces conduct all missions in

accordance with the needs of the state and within the guidelines of state laws and

statutes.

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(2) The Chief, National Guard Bureau (CNGB) is the principal advisor to the

SecDef, through the CJCS, on matters relating to the NG. The CNGB is also the

principal adviser to the Secretary and Chief of Staff of the Army, and the

Secretary and Chief of Staff of the Air Force on all NG issues. As NGB Chief, he

serves as the department's official channel of communication with the Governors

and Adjutants General of the 50 states and four territories (District of Columbia,

Puerto Rico, Virgin Islands, and Guam). The CNGB facilitates and coordinates

among states and the DOD for integration of NG support in domestic incidents

and requests for support.

b. Joint Force Headquarters-State (JFHQ-State). Each state has a JFHQ-State

which provides C2 of all Army and Air NG forces and state militia. The JFHQ-State

serves as the focal point for all NG domestic operations within each state. When NG

forces conduct domestic operations support in Title 32, U.S.C., or SAD, JFHQ-

States can serve as operational headquarters.

c. Joint Task Force State (JTF-State). Each JFHQ-State may stand up one or more

Joint Task Forces (JTFs) in support of internal and external missions.

d. State Defense Forces. In addition to the NG, some states authorize a state

defense force as allowed by Title 32 U.S.C., Section 109. These forces may be used

to augment the state NG and other civil authorities in an emergency. State defense

forces are strictly state entities and are not part of DOD. State defense force

members are authorized to wear the military uniform assigned by the adjutant

general (TAG) of the state.

e. EMAC is a congressionally-ratified mutual aid agreement pact between all states

and territories of the US which provides form and structure to interstate mutual aid.

Through EMAC, a disaster impacted state can request and receive assistance from

other member states quickly and efficiently, resolving two key issues upfront: liability

and reimbursement.

f. State response (NG in SAD or Title 32, U.S.C.) may use Federal military

equipment for disaster response, but are responsible for restoration of a full ready

status for the equipment upon completion of the mission.

8. Federal Military Response.

a. The defense coordinating officer (DCO) is a Title 10, U.S.C., active duty officer

permanently assigned to each FEMA region. If federal military forces deploy, the

DCO will serve as the single DOD point of contact (POC) for coordinating support

and will normally deploy to the joint field office (JFO) location. The DCO has a

defense coordinating element (DCE) consisting of staff and military liaison officers to

facilitate coordination and support to activated ESFs. See figure 5 for a sample of an

augmented DCE structure.

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Figure 5. Sample Augmented Defense Coordinating Element (DCE)

b. Emergency Preparedness Liaison Officer (EPLO). Emergency preparedness

liaison officers are Service reservists performing duties under DODI 3025.16,

Defense Emergency Preparedness Liaison Officer Programs. EPLOs are military

department assets and may be activated and employed by their department

secretaries in a DSCA contingency role. They may serve as Service-specific experts

assisting the DCO. The USCG, operating under DHS, maintains EPLOs similar to

DOD EPLOs.

c. Title 10, U.S.C., Military Forces. Military units in a Title 10 status are under

federal command and control (C2) and are usually under the OPCON of

USNORTHCOM or USPACOM. Unit commanders are normally granted direct liaison

authorized by the combatant command (CCMD). As such, they should contact the

joint force commander (JFC) or DCO as soon as possible after receipt of DSCA

deployment orders to obtain mission specifics, to process requests for information

(RFI), and to facilitate effective mission planning. In the USPACOM area of

responsibility (AOR), forces will report to the JTF-Homeland Defense.

9. Request for Assistance (RFA)/Mission Assignment (MA) Process.

a. FEMA coordinates the federal response to a disaster and will issue an RFA/MA

to other federal agencies. RFAs/MAs can also be initiated by states and/or agencies

through the Executive Directorate at the Pentagon.

b. JFO is an interagency coordination center established to provide a central

location for the coordination of local, tribal, state, federal, non-governmental, and

private sector organizations with responsibilities for incident response (see figure 6).

The JFO does not manage operations; rather, it provides support to on-scene efforts

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and conducts broad support operations. A coordinating officer and staff will assist

each political level of jurisdiction (state and federal) in a typical incident.

Figure 6. Joint Field Office Structure

c. Generally, DSCA requests originating at the JFO are coordinated with and

processed through the DCO for SecDef approval. The DCO coordinates with state

emergency managers, the state NG, and FEMA to assist in the preparation and

review of suitability for DOD to perform an RFA/MA.

10. Parallel State and Federal Military Command Structures.

In many civil support operations, state NG and federal military forces operate in

overlapping areas but under separate chains of command. Within a parallel command

structure, there is no single force commander and, therefore, no unity of command in

the military sense. Both the federal and state military leaders retain command of their

forces as they provide support of the civil authority.

11. Dual Status Command Structure.

Dual status command allows a designated NG or federal military officer to command

military personnel serving in SAD, Title 32, U.S.C. or Title 10, U.S.C., status. Approval

of a dual status commander requires the consent of the governor and approval of the

SecDef.

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Chapter II

LEGAL CONSIDERATIONS ASSOCIATED WITH DSCA

1. Background.

a. This chapter provides a synopsis of legal principles to consider in DSCA

operations. Commanders and their staffs, especially planners and judge advocates,

work together closely to plan, monitor, and control DSCA operations that comply

with federal law and state laws.

b. In accordance with the 10^th Amendment of the US Constitution, the primary

responsibility for protecting life and property and maintaining law and order in the

civilian community is vested in state and local governments. Supplementary

responsibility is vested by statute in specific agencies of the Federal Government

other than the DOD. The federal military’s role in DSCA operations is well defined

and is limited by federal law and regulation in scope and duration. Based on the

limited authorities and express limitations placed on the scope of the federal

military’s role, all military members (Title 10, U.S.C., Title 32, U.S.C., and SAD)

should be aware of the legal considerations and the legal authority under which they

are operating.

2. Posse Comitatus Act (PCA), 18 U.S.C. § 1385.

a. PCA Background. The phrase “Posse Comitatus” refers to the historical authority

wielded by a county sheriff to deputize any able-bodied male over the age of fifteen

to assist in keeping the peace. Due to friction between the state and Federal

governments over the use of the Army as a Posse Comitatus during reconstruction

in the South after the American Civil War, Congress passed the PCA. The Act was

an effort to prevent federal troops from performing in a law enforcement capacity

except when authorized by the Constitution or an Act of Congress.

b. The PCA remains the primary federal statute restricting federal military support to

civilian law enforcement agencies (CLEAs). The Act applies to all components of the

Armed Forces except the USCG. Furthermore, evidence of criminal activity obtained

by DOD personnel in violation of the PCA may be inadmissible in a criminal trial

thereby preventing a successful prosecution.

"Whoever, except in cases and under circumstances expressly authorized by the

Constitution or Act of Congress, willfully uses any part of the Army or Air Force

as a Posse Comitatus or otherwise to execute the laws shall be fined under this

title or imprisoned not more than two years or both."

Excerpt from the Posse Comitatus Act

c. PCA Applicability.

(1) Although the PCA seems to only apply to the Army and Air Force, Congress

required the SecDef to prescribe regulations restricting the use of equipment and

the direct participation of Army, Navy, Air Force, or Marine Corps personnel in

supporting CLEAs. Consequently, through federal law and resulting DODDs, the

PCA applies to all members of the federal armed forces as well as each of their

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respective Reserve Components serving in a federal status. The applicable

directives are as follows:

(a) DODD 3025.12, Military Assistance for Civil Disturbances (MACDIS).

(b) DODD 5525.5, DOD Cooperation with Civilian Law Enforcement Officials.

(2) The PCA does not apply to the USCG (Title 14, U.S.C.) except during times

of war and operating as a Service within the Navy when application is directed by

the Secretary of the Navy.

(3) Whether the PCA applies to Army NG or Air NG personnel depends upon the

legal authority under which the Guardsmen are serving. It is imperative personnel

know the various legal restrictions associated with the legal authority under which

they are serving, when engaged in a DSCA operation. NG personnel may be

ordered to duty under one of the following three statutory frameworks:

(a) SAD. NG personnel are state funded and under state control. This is

typically the authority in which NG personnel perform duties when a governor

mobilizes the NG to respond to emergencies, civil disturbances, disasters, or

to perform other duties authorized by state law. Costs associated with a SAD

response may be reimbursed by the Federal Government pursuant to a

Presidential major disaster or emergency declaration. NG personnel on SAD

authority do not fall under PCA restrictions and may perform those law

enforcement duties authorized by state law.

(b) Title 32, U.S.C. NG personnel are federally funded and typically perform

training for their federal mission, but remain under the control of the state.

Because NG members serving under Title 32, U.S.C., fall under state control,

they do not fall under PCA restrictions and may, therefore, perform law

enforcement duties authorized by state law.

consequently, they are subject to the PCA.

(4) In accordance with DOD policy, DOD civilian employees will not provide

assistance to CLEAs if under the direct command and control of a military officer,

unless otherwise authorized by applicable law or policy.

d. DOD Determined Restrictions. Based on the language in the PCA and Title 10

U.S.C. § 375, the Secretary of Defense has determined (see DODD 5525.5) to not

permit direct participation by a member of the Army, Navy, Air Force, or Marine

Corps in the following activities (based on the current interpretation):

(1) Arresting persons.

(2) Apprehending persons.

(3) Acting as an undercover agent, interrogator, or investigator.

(4) Interdicting vehicles, vessels, or aircraft.

(5) Conducting searches.

(6) Seizing items or contraband.

(7) Conducting surveillance.

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(8) Conducting a “stop and frisk.”

(9) Conducting security patrols to prevent looting.

(10) Enforcing quarantine and isolation orders issued after a chemical, biological,

radiological, and nuclear (CBRN) event.

“ … or other similar activity unless participation in such activity by such member

is otherwise authorized by law.”

Title 10 U.S.C. § 375

e. Future incidents may have specific laws which will add or remove forms of direct

assistance to the above list.

f. A military courtesy patrol conducted in the local community is not considered a

PCA violation. In order to avoid running afoul of the PCA, the military courtesy

patrol’s prescribed duties must fall short of law enforcement. Military courtesy patrols

are intended to preserve good order and discipline, and to serve as liaisons with

local law enforcement, not to actually enforce the law.

3. Permitted Assistance Under PCA.

a. Indirect Assistance. The PCA is not an absolute ban on all DOD involvement with

CLEAs. According to the guidance provided in DODD 3025.12, DOD personnel may

provide support to civil law enforcement agencies as long as the support is passive

and indirect. Indirect and passive assistance allows various forms of support to

CLEAs:

(1) Sharing information which indicates the existence of a threat to life or property

or the violation of law that is incidentally collected during the normal course of

military training or operations. This does not permit units or personnel to be

specifically tasked to collect intelligence within the United States.

(2) Using military equipment, spare parts, supplies, and facilities.

(3) Training and advising on using equipment which may be unique to the military

such as detection, monitoring, or communications equipment; and aerial platforms

to support enforcement of counter-drug, counter-terrorism, and immigration and

customs laws.

(4) Providing personnel for maintenance and operation of equipment.

(5) Providing support to CBRN incidents.

b. Direct Assistance. According to enclosure 4 of DODD 5525.5, certain forms of

direct assistance are considered exceptions to the PCA and are, therefore,

permissible. Specifically, action taken for the primary purpose of furthering a military

or foreign affairs function of the US under the “military purpose doctrine” or “federal

purpose doctrine” is permissible direct assistance. Such actions include—

(1) Investigations and other actions related to the commander’s inherent authority

to maintain law and order on a military installation or facility.

(2) Protection of classified military information or equipment.

(3) Protection of federal personnel, federal equipment, federal facilities and

official guests of the Federal Government.

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4. Constitutional Exceptions to the PCA.

a. National Emergency Declaration. The President has inherent authority under

Articles II and IV of the Constitution to declare a national emergency. The National

Emergency Act further defines this authority, which permits the President to declare

an emergency to preserve order, ensure public health and safety during time of war,

insurrection, or national crisis. If the President declares a national emergency, an

executive order could be issued, waiving the PCA restrictions and permitting

federalized military forces to perform law enforcement functions to—

(1) Protect federal facilities, property, and personnel; or

(2) Protect a function of the Federal Government.

b. National Emergency Declaration examples. Most national emergency

declarations pertain to situations and transactions involving foreign countries.

However, three resulted from events in the US. They are as follows:

(1) President Nixon issued a national emergency declaration on 23 March 1970,

when faced with the postal strike. He mobilized 30,000 Soldiers in the Ready

Reserve to assist in moving the mail (a Federal function).

(2) President Bush issued a national emergency declaration on 14 September

2001, as a result of the terrorist attacks at the World Trade Center and Pentagon.

He mobilized units in the Ready Reserve as part of the Global War on Terrorism

(a Federal homeland defense function).

(3) President Obama issued a national emergency declaration on 23 October

2009, to provide additional authority to the Secretary of Health and Human

Services to address the H1N1 influenza pandemic (waiver of Federal health care

standards for medical facilities). This permitted the Secretary to grant waivers

under Section 1135 of the Social Security Act so healthcare facilities could use

alternate care sites, modify triage protocols and patient transfer procedures, and

take other measures to implement emergency plans more quickly.

c. Declaration of Martial Law. When civil authorities are unable or unwilling to

perform their duties, the President has the authority to declare martial law to fulfill his

Article II responsibility under the Constitution. Article II obligates the President to

“take care that the laws are faithfully executed.” The Supreme Court has consistently

held that in order for a President to avoid a finding that the martial law declaration

was improper, the local courts must not be open and capable of performing their law

enforcement and judicial functions. The proclamation declaring martial law should

identify the public necessity justifying martial law, define the scope of the military

commander’s authority, detail the geographic limits, and provide rules of conduct for

the population to follow.

d. Homeland Defense Mission. Military forces while conducting homeland defense

missions are not violating the PCA. The President has authority under Article II of

the Constitution as the Commander-in-Chief to defend the homeland. The use of

military forces in the defense of the US is not support to civilian law enforcement

authorities.

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5. Select Statutory Exceptions to the PCA.

a. Military Support to CLEAs. Paragraph 3 of this chapter details types of

permissible support.

b. Insurrection Act. The President must first issue a “disperse and retire peaceably”

proclamation ordering a cessation of the unlawful behavior. If the unlawful behavior

continues, the Insurrection Act permits the President to use the armed forces,

including the NG in federal service (Title 10, U.S.C.), to perform law enforcement

functions within a state to restore law and order under the three following

circumstances:

(1) There is an insurrection within a state and the state legislature (or governor, if

the legislature cannot be convened) requests assistance from the President.

(2) When there are unlawful obstructions, or rebellions preventing enforcement of

the laws by the ordinary course of judicial proceedings, the President may act

unilaterally without a request from state or local authorities.

(3) An insurrection or domestic violence results in the deprivation of constitutional

rights, and the states are unable or unwilling to protect those rights, the President

may act unilaterally without a request from state or local authorities.

Note: The President has used the authority under the Insurrection Act twice in recent

history. In September 1989 the President ordered federal troops to the US Virgin

Islands to restore order in the aftermath of Hurricane Hugo. In April 1992 the President

ordered federal troops to restore order in Los Angeles during the “Rodney King Verdict

Riots.”

c. Emergency Situations Involving Weapons of Mass Destruction (WMD). Upon the

request of the Attorney General, the SecDef may authorize DOD personnel to arrest,

search, seize, and conduct any other law enforcement activity to protect persons

and property from WMD. In order for this exception to apply, civilian law enforcement

must be unable to enforce the law.

d. USCG Law Enforcement Detachments (LEDETs). Several hundred USCG

personnel serve on LEDETs authorized under the Maritime Drug Law Enforcement

Act to perform maritime drug interdiction. When engaged in maritime drug

interdiction, USCG LEDET personnel may perform traditional law enforcement

functions such as searches of vessels, seizure of contraband, and arrest of suspects

upon probable cause. Navy personnel working with the LEDETs, on the other hand,

are bound by the PCA; therefore, Navy personnel may not perform active, direct law

enforcement functions. Rather, Navy personnel working with LEDETs have a limited,

supporting role, and may assist an LEDET indirectly by—

(1) Transporting an LEDET boarding party to a target vessel.

(2) Providing force protection for an LEDET boarding party.

(3) Acting as interpreters.

(4) Supplying welding/cutting equipment/assistance on board the target vessel.

(5) Recording the LEDET’s activities while aboard the target vessel.

(6) Recovering contraband jettisoned from the target vessel.

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(7) Effecting damage control to keep the target vessel afloat.

(8) Billeting and maintaining persons apprehended from the target vessel.

e. Weapons of Mass Destruction Civil Support Team. With proper authorization,

NG Soldiers serving on full-time NG duty under section 502 (f) of Title 32 may

perform duties in support of emergency preparedness programs to prepare for, or

respond to any emergency involving a natural or manmade disaster in the US that

results in, or could result in, catastrophic loss of life or property.

6. PCA Legal Advisors.

DOD installations should have a PCA legal advisor assigned to the installation’s Staff

Judge Advocate (SJA) Office. All local civilian law enforcement requests for military

support should first be reviewed by the PCA legal advisor. The PCA legal advisor

should also be available to provide PCA training, most likely to military police and DOD

civilian law enforcement personnel.

7. Disaster Response.

a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act is the

primary statutory authority for federal disaster assistance within the US and its

territories. The Stafford Act authorizes the President to provide federal assets,

including DOD assets for response efforts once the President formally declares an

emergency or a major disaster.

(1) Emergencies. Emergencies are situations in which federal assistance is

required to save lives, protect health, and property, or mitigate or avert a disaster.

For example, a CBRN incident which overwhelms state and local authorities will

qualify as an emergency warranting federal assistance. The President may not

declare an emergency, unless it is requested by the affected governor, except

when the incident primarily concerns a Federal function, property, or personnel

(e.g., the bombing of the Federal Alfred P. Murrah Building in Oklahoma City in

April 1995). In terms of scope and time, emergency assistance is generally not as

extensive as major disaster assistance. DOD assets for emergency work may be

provided on a limited basis prior to a Presidential declaration.

(2) Major Disasters. Major disasters are generally any natural catastrophe (such

as a hurricane, tornado, earthquake, or snowstorm), or regardless of cause, any

fire, flood, or explosion of sufficient severity. The governor requesting disaster

assistance from the Federal Government under the Stafford Act must

demonstrate the state does not have the capacity or resources to mount an

effective response. The type of assistance which can be provided under a Major

Disaster Declaration includes—

(a) Distribution of medicine, food, and consumables.

(b) Removal of debris and road clearance.

(d) Transportation of supplies and persons.

(e) Restoration of essential public services.

(f) Construction of temporary bridges, shelters, and essential public services.

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(g) Demolition of unsafe structures.

(h) Dissemination of public information on health and safety measures.

(i) Technical and advisory assistance to state/local officials.

(j) Precautionary evacuations and recovery.

(k) Incident awareness and assessment (IAA).

b. DOD policy for providing disaster assistance (as related to the Stafford Act) is

contained in DODD 3025.18, Defense Support of Civil Authorities (DSCA).

c. The Stafford Act is not an exception to the PCA. Federal military forces may only

provide indirect assistance to civilian law enforcement is authorized incident to a

disaster or emergency declaration under the Stafford Act.

d. Requests for assistance from civil authorities should be evaluated using the

factors of cost, appropriateness, readiness, risk, legality, and lethality (CARRLL)

prior to converting them into an approved MA. Questions about several aspects of

CARRLL are listed in the following paragraphs.

(1) Cost - Who will pay or reimburse DOD for the requested assistance? How

much will the assistance cost? How will it impact the installation’s budget?

(2) Appropriateness - Who normally provides and is best suited to satisfy the

request? Is it in DOD’s and the local community’s interest to provide the

assistance? Is it in DOD’s interest to provide the support? Have other options,

such as local businesses, been considered to meet the request?

(3) Readiness - Is there an adverse impact on the DOD’s ability to perform its

primary mission? Can a carefully tailored response provide the needed assistance

and maintain unit readiness at the same time?

(4) Risk - What are the potential health and safety hazards to Federal military

forces and can these risks be mitigated? Are there public relations and political

risks that are appropriate to consider?

(5) Legality - Does the request comply with the law? Do any legal provisions

prohibit or restrict the DOD from providing the requested assistance? If prohibited,

are there any exceptions? Can the restriction be waived by an appropriate

authority?

(6) Lethality - Is there a potential for lethal force to be used by or against federal

forces?

8. Immediate Response Authority (IRA).

a. Title 10, U.S.C., Federal military forces will seldom be first responders. There are,

however, circumstances when Federal forces can support local authorities in an

emergency in the absence of a federally declared disaster. Of critical note, IRA is not

an exception to the PCA. In order to exercise IRA, the following factors should first

be considered:

(1) Immediate action is required and time does not permit obtaining approval

from a higher authority.

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(2) There must be a request for assistance from a civil authority, such as the

mayor, chief of police, fire chief, sheriff, or chief of emergency management. This

request may initially be made orally, but needs to be followed-up in writing.

(3) The only type of assistance which can be provided is to save lives, prevent

human suffering, or mitigate great property damage.

(4) No law enforcement activities are authorized under IRA.

(5) An immediate response shall end when the necessity giving rise to the

response is no longer present or when directed by higher authority to terminate

the response. Only in rare cases should an immediate response extend beyond

72 hours. After 72 hours, a review is required to determine if response can be

continue under immediate response authority.

b. At the same time forces are deployed, immediate notification to the National Joint

Operations Intelligence Center (NJOIC), through the chain of command, is required.

The NJOIC will notify the geographic combatant commander. For Army units, this

notification must be done “within two hours” per a 5 July 2005 Department of the

Army message. For Navy units, this notification must be done within two hours per

Office of the Chief of Naval Operations Instruction (OPNAVINST) 3440.16D. For all

other DOD units, this must be done within “a few hours” per memorandum from

Deputy SecDef dated 25 April 2005, “SUBJECT: Reporting ‘Immediate Response’

Requests from Civil Authorities.”

c. Commanders providing the IRA support should seek reimbursement after the

support terminates. Reimbursement arrangements should not affect DOD support of

the IRA request and is not mandatory.

d. The USNORTHCOM DSCA concept plan (CONPLAN) authorizes

USNORTHCOM to request OPCON of Title 10, U.S.C., units providing an immediate

response, which requires SecDef approval. If approved, such forces would continue

to provide response, presumably under an MA from FEMA. These units would then

be operating under secretarial authority instead of IRA authority. The

USNORTHCOM CONPLAN also implies geographical limits for immediate response;

the responding commander/DOD official is “in the vicinity of the incident.”

e. Examples of authorized IRA assistance include—

(1) Search, rescue, evacuation, and emergency medical treatment.

(2) Emergency restoration of essential public services.

(3) Emergency clearance of debris or explosive ordnance.

(4) Monitoring and decontaminating chemical, biological, and radiological hazard

effects, and controlling contaminated areas.

(5) Assistance with interim emergency communications.

(6) Facilitating reestablishment of government functions.

(7) Other actions to save lives, prevent suffering, or mitigate great property

damage.

f. Figure 7 depicts the two paths a request for assistance from a civil authority may

take. A request for action under IRA will likely go from the state or local emergency

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operations center (EOC) to the installation’s EOC. A proper Stafford Act Request will

be routed through the state EOC to the DCO and on to the SecDef for a decision. At

each level, the request will be evaluated against the CARRLL factors to determine if

the DOD can and should provide the requested support.

Figure 7. Request for Assistance/Response Decision Matrix

9. Intelligence Oversight (IO).

a. DOD and NG intelligence personnel performing intelligence duties during DSCA

are governed by IO rules including, but not limited to, Executive Order 12333, DODD

5240.01, and DOD 5240.1-R. IO procedures require information which identifies a

US person (USPERS) may be collected only if it is necessary to the conduct of a

function assigned the collecting component and only if it falls within certain criteria

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which include foreign intelligence, counterintelligence, international terrorist

activities, international narcotics activities, threats to safety, and overhead and

airborne reconnaissance.

b. DOD and NG intelligence personnel operating in either a Title 10 or Title 32,

U.S.C. status must comply with all Federal and DOD IO rules, regulations, and

directions regarding requirements for authorized activities. NG intelligence personnel

operating in SAD status are not subject to the IO rules outlined in this paragraph.

However, such personnel are subject to state law, to include state privacy laws, and

are prohibited from engaging in any DOD intelligence or counterintelligence mission

while in SAD status.

c. Contractors or non-intelligence personnel assisting in the performance of

intelligence or counterintelligence work on behalf of DOD or NG intelligence or

counterintelligence organizations have the same IO responsibilities and training

requirements as US Government civilian and military intelligence personnel.

d. The collection and retention of information identifying a USPERS by DOD and

NG intelligence personnel will only occur when there is a specific mission and

authority to do so, and will be conducted in accordance with DOD 5240.1-R.

10. Rules of Engagement (ROE) and Rules for the Use of Force (RUF).

a. The standing ROE (SROE) and standing RUF (SRUF) assist Federal military

personnel in determining the appropriate level of force which should be applied in a

given situation. Although there are many similarities between the two, there are

significant differences, primarily in intent. SROE are permissive measures intended

to allow the maximum use of destructive combat power appropriate for the mission.

SROE are based predominantly on International Law and the Law of Armed Conflict

and provide guidance on how to engage the enemy in combat situations outside US

territory. SRUF, on the other hand, are restrictive measures intended to allow only

the minimum force necessary to accomplish the mission. The SRUF are based on

US Constitutional and domestic law and provide guidance to DOD forces for the use

of force against civilians on US territory. See CJCSI 3121.01B, Standing Rules of

Engagement/Standing Rules for the Use of Force for US Forces, 13 June 2005, for

additional guidance.

b. The SROE apply domestically only to air and maritime homeland defense

functions conducted within US territory or territorial seas. Otherwise, it applies during

all military operations and contingencies and routine military department functions

occurring outside US territory and territorial seas.

c. The SRUF are located in enclosures L-Q of CJCSI 3121.01B. The SRUF apply

during all DSCA and routine military department functions occurring within US

territory and territorial seas. The SRUF also apply to land homeland defense

missions occurring within the US territory and to DOD forces, civilians, and

contractors performing law enforcement duties at all DOD installations (and off-

installation while conducting official DOD security functions), within or outside US

territory, unless otherwise directed.

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d. A commander’s authority to modify the SROE/SRUF is limited to making them

more restrictive, not less restrictive. Table 2 contains a template for a commander’s

responsibilities under the SRUF. Table 3 contains a template SRUF developed by

US Army North (ARNORTH). These templates are general in nature and provided as

examples only. Commanders and judge advocates must review the actual SRUF

and should tailor their training and guidance to be consistent with the SRUF and the

assigned mission, in coordination with the operational chain of command.

Table 2. Commander’s Standing Rules for the Use of Force (SRUF)

Responsibilities(Title 10 Forces)

Teach and Train. A commander must train his or her personnel in the SRUF and implement the

SRUF, when necessary. RUF trainers must be careful that the training does not introduce procedures

that effectively restrict the SRUF or introduce tactically dangerous or unsound practices.

Unit Self-Defense. A commander retains the inherent right and obligation of unit self-defense and

defense of other Department of Defense (DOD) forces in the vicinity in response to a hostile act or

demonstrated hostile intent.

Individual Self-Defense. A commander may impose rules of proportionality on individual self-defense.

Normally, force is to be used only as a last resort, and the force used should be the minimum

necessary. Deadly force is to be used only when all lesser means have failed or cannot be reasonably

employed. Force used must be reasonable in intensity, duration , and magnitude based on the totality

of the circumstances to counter the threat.

Coordinate SRUF. A commander will coordinate the SRUF with civilian law enforcement agencies

(CLEAs) or security forces when operating with them to ensure a common understanding. Any RUF

issues which cannot be resolved will be forwarded to the Secretary of Defense (SecDef) thru the chain

of command and the Chairman of the Joint Chiefs of Staff (CJCS).

Imminent Threat. A commander will determine if a threat of death or serious bodily harm by an

individual or motor vehicle is imminent based on an assessment of all of the circumstances. If they

determine such a threat is imminent, deadly force is authorized to stop the threat.

Inherently Dangerous Property. A commander may designate DOD property, or property having a

DOD nexus, as inherently dangerous. This includes weapons, ammunition, explosives, portable

missiles, rockets, chemical agents, and special nuclear materials.

Pursue and Recover. A commander may not authorize forces to pursue and recover a stolen asset

vital to national security or inherently dangerous property unless delegated this authority by the

Commander, United States Northern Command (CDRUSNORTHCOM) and CLEAs, or when security

forces are not reasonably available. Any pursuit must be immediate and uninterrupted.

Changes To SRUF. A commander may augment the SRUF as necessary by submitting requests for

mission specific RUF to the CJCS for approval by the SecDef.

Violations. A commander will immediately report any suspected violation of or non-compliance with

the SRUF thru the chain of command to CDRUSNORTHCOM, Attn: staff judge advocate (SJA),

investigate any suspected violation or non-compliance and preserve all evidence.

Table 3. Standing Rules for the Use of Force (SRUF) Card Template

(Title 10 Forces)

Unit Self-Defense. Commanders always retain the inherent right and obligation to exercise unit self-

defense in response to a hostile act or demonstrated hostile intent. This includes the defense of other

Department of Defense (DOD) forces in the vicinity.

Individual Self-Defense. Service members may exercise individual self-defense in response to a

hostile act or demonstrated hostile intent. A commander may impose rules of proportionality on

individual self-defense. Normally, force is to be used only as a last resort, and the force used should be

the minimum necessary. Deadly force is to be used only when all lesser means have failed or cannot

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Table 3. Standing Rules for the Use of Force (SRUF) Card Template

(Title 10 Forces)

be reasonably employed. Force used must be reasonable in intensity, duration , and magnitude based

on the totality of the circumstances to counter the threat. RUF training must be careful that the training

does not introduce procedures that effectively restrict the SRUF or introduce tactically dangerous or

unsound practices.

De-Escalation. When time and circumstances permit, Service members will give a threatening force

warning and an opportunity to withdraw or stop the threatening actions before using force.

• Avoid confrontation with individuals who pose no threat to the unit, to non-DOD persons in the

vicinity, or property secured by DOD forces.

• Notify civilian law enforcement agencies (CLEAs) or security agency personnel as soon as

practical, if confrontation appears likely, civilians are acting in a suspicious manner, or immediately

after a confrontation.

Limitations on the Use of Force. Service members will use force of any kind only as a last resort and,

if used, the force should be the minimum necessary to accomplish the mission.

• Any use of force must be reasonable in intensity, duration, and magnitude to counter the threat

based on all the circumstances.

• Exercise due regard for the safety of innocent bystanders when using any type of force.

• Warning shots are NOT authorized.

Use of Non-Deadly Force. Service members may use non-deadly force to stop a threat when it is

reasonable:

• To control a situation and accomplish the mission,

• To provide protection for himself and other DOD personnel,

• To defend non-DOD persons in the vicinity, IF directly related to the assigned mission, or

• To defend designated protected property.

Deadly Force in Self-Defense, Defense of Others, and Defense of Property. Service members may

use deadly force to stop a threat only when all lesser means have failed or cannot reasonably be

employed and it reasonably appears necessary:

• To protect DOD forces when a commander reasonably believes a person poses an imminent

threat of death or serious bodily harm,

• To protect Service members and other DOD forces from the imminent threat of death or serious

bodily harm,

• To protect non-DOD persons in the vicinity from the imminent threat of death or serious bodily

harm, but only IF directly related to the assigned mission,

• To prevent the actual theft or sabotage of assets vital to national security or inherently dangerous

property, and

• To prevent the sabotage of a national critical infrastructure.

Deadly Force Not Authorized. Deadly force is not authorized to disperse a crowd, stop looting,

enforce a curfew, or protect non-designated property.

Deadly Force Against a Serious Offense. Service members may use deadly force, but only IF it is

directly related to the assigned mission AND it reasonably appears necessary:

• To prevent a serious crime against any person which involves imminent threat of death or serious

bodily harm,

• To prevent the escape of a prisoner where probable cause indicates he has committed or

attempted to commit a serious offense and would pose an imminent threat of death or serious

bodily harm to DOD forces or others in the vicinity,

• To arrest or apprehend a person who, there is probable cause to believe, has committed a serious

offense that involved an imminent threat of death or serious bodily harm or sabotage of

designated protected property.

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Table 3. Standing Rules for the Use of Force (SRUF) Card Template

(Title 10 Forces)

Deadly Force Against a Vehicular Threat. Service members may fire their weapons at a moving land

or water vehicle when they reasonably believe the vehicle poses an imminent threat of death or serious

bodily harm to DOD forces or to non-DOD persons in the vicinity, but only IF doing so is directly related

to the assigned mission.

Inspection of Personnel Entering and an Exiting Area. Service members may inspect individuals

and property, per command security guidance, prior to granting persons or property entry inside a DOD

perimeter or secured area and upon leaving such an area.

• An individual or item of property which does not meet the command security requirements for

entry may be denied access inside a DOD perimeter or secured area.

Temporary Detention of Threatening Personnel. Service member may temporarily detain an

individual—

• Who has gained unauthorized access inside DOD perimeters or other secured areas, who refuses

to depart such an area after being denied access,

• Who otherwise threatens the safety and security of DOD forces, property secured by DOD forces,

or non-DOD persons in the vicinity but only IF their defense is directly related to the assigned

mission.

Detained Individuals. Detained individuals, vehicles, and property may be searched as a protection

measure. Detained individuals and any secured property will be released to CLEA at the earliest

opportunity consistent with mission accomplishment.

Pursuit and Recovery of Stolen Property. Forces are not authorized to pursue and recover a stolen

asset vital to national security or inherently dangerous property unless delegated this authority by the

Commander, United States Northern Command and CLEA or security forces are not reasonably

available. Any pursuit must be immediate, continuous, and uninterrupted.

Report Violations of the SRUF. Service members will immediately report any violation of or non-

compliance with the SRUF to the chain of command, Inspector General, Judge Advocate, Chaplain, or

any commissioned officer with information concerning who, what, when, where, and why.

e. NG. There may be a difference between the SRUF and the RUF for each state’s

NG forces. The RUF/ROE of the NG serving in a state-controlled Title 32, U.S.C., or

SAD status are governed by state laws. State laws vary in the NG’s authority to

perform law enforcement, law enforcement support, or security operations.

Depending on the language of the state statutes involved these grants of or

limitations on the NG’s authority to act as police officers may apply to NG personnel

conducting operations in a Title 32 or SAD status, or both. Some states grant NG

members (in a Title 32 or SAD status, or both) the authority of police officers, while

others only authorize those powers enjoyed by the population at large, such as

“citizen’s” arrest. Consequently, the separate 54 states and territories promulgate

separate RUF. It is the duty of the NG judge advocate in coordination with state legal

authorities to tailor the RUF to the particular mission and policies of the state. The

template in table 4 is provided as a planning aid for deploying forces. Commanders

in Title 32, U.S.C., or SAD must ensure, prior to the assumption of any DSCA

mission, all personnel are briefed on the applicable state RUF. Additionally, relevant

state RUF cards should be provided to all personnel.

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Table 4. Rules for the Use of Force Card Template

(Title 32 and State Active Duty National Guard)

Minimum Force: Military personnel will use the minimum force required to accomplish the mission.

Self-Defense. Nothing in these rules for the use of force (RUF) shall limit a commander’s inherent

duty to safeguard the force or an individual‘s inherent right of self-defense. An individual is always

authorized and expected to use necessary force, proportional to the threat, in self-defense. A

commander may impose rules of proportionality on individual self-defense.

Deadly Force. Deadly force refers to physical force which could reasonably result in death, whether

or not death is the intent. Discharge of a firearm is always considered deadly force. Before resorting

to deadly force, all of the following conditions must be met:

• All other means have been exhausted, are not appropriate, or are not reasonably available,

including but not limited to restraining, detaining, and subduing.

• The use of deadly force does not significantly increase the risk of death or serious bodily harm

to innocent bystanders.

Deadly force may be used for one or more of the following circumstances:

• Self-defense to avoid death or serious bodily harm. Threat of harm is not restricted to firearms; it

may include assault with large rocks, bricks, pipes or other heavy missiles, incendiary and

explosive devices, or any other material which could be reasonably expected to cause death or

serious bodily harm.

• Prevention of crime which involves a substantial risk of death or very serious bodily harm,

including the defense of others.

• Detention or prevention of the escape of a person, who during detention, or in the act of escape,

threatens to kill or cause serious bodily harm to others. Attempt to escape by itself does not

justify the use of deadly force. Use of deadly force is justified only when it is immediately

necessary to protect against death or serious bodily harm.

Deadly force will be used to stop an immediate threat, not to warn. Warning shots are not authorized.

Blanks are not authorized.

Arming Order (AO). Local commanders will determine which AO to use based on mission

requirements. Local commanders may modify AOs depending on mission, terrain, troop availability,

and time availability. AO considerations include the following:

• In appropriate circumstances, local commanders may authorize deployment of troops without

weapons.

• AOs are not necessarily sequential. Commanders may select the posture most appropriate for

the potential threat. The minimum necessary force principle will be observed when making this

decision.

• AO-4and AO-5 may be selected when forces are fired upon. Selected marksmen will be directed

to return aimed fire.

Arming Order

Rifle *

Pistol

Magazine

Chamber

AO-2

SLING

IN HOLSTER

IN WEAPON

EMPTY

AO-3

PORT**

IN HOLSTER

IN POUCH

EMPTY

AO-4

PORT**

IN HOLSTER

IN WEAPON

EMPTY

AO-5

PORT**

IN HOLSTER

IN WEAPON

CHAMBERED

* Bayonet posture can be modified by local commanders based on mission, terrain, troops available,

and time available.

** “Port Arms” is defined as having the rifle at the ready.

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Table 4. Rules for the Use of Force Card Template

(Title 32 and State Active Duty National Guard)

Weapon Limitations:

• Automatic firing is not authorized at any time.

• Personnel who are armed must be trained, qualified, and tested on the type of weapon issued,

in accordance with (IAW) current qualification standards.

• Arms and ammunition will be secured at all times IAW appropriate regulations and policies.

Military weapons will not be secured in private dwellings at any time. Military weapons will not be

transported in privately owned vehicles.

• There will be no deployment of automatic weapons , shotguns, riot batons, or riot control agents,

except upon expressed order of the adjutant general (TAG).

• Rounds will be chambered only on order of the commander/senior officer/senior non-

commissioned officer (NCO) present.

• Only ball ammunition will be issued. Armor piercing rounds will not be issued. Blank ammunition

will not be issued or fired.

Aircraft And Vehicle Operations:

• Firing weapons from aircraft is not authorized.

• Firing weapons from moving vehicles is not authorized unless exigent circumstances exist, such

as self defense/defense of others in a life threatening situation.

Changes To RUF. These RUF shall not be changed except upon order of TAG.

Acceptable Missions. Be prepared to conduct civil disturbance missions. Some examples of

acceptable missions are:

• Manning traffic control points.

• Providing point/area security.

• Providing security and escort for emergency personnel/equipment.

• Expressing a show of force.

• Transporting local law enforcement personnel.

• Dispersing crowds.

• Providing quick reaction/reserve force.

• Providing very important person (VIP) protection/escort.

• Establishing a joint patrol.

• Accomplishing other missions mutually agreed upon with civil authority.

Unacceptable Missions. Examples of unacceptable missions are:

• Hostage negotiation.

• Evidence searches.

• Barricaded suspect extraction.

• Criminal investigation.

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Table 4. Rules for the Use of Force Card Template

(Title 32 and State Active Duty National Guard)

Special Orders for Civil Disturbance Operations:

• Always present a neat military appearance and behave in a manner that will be a credit to the

unit, the National Guard (NG), and the State.

• Civilian police make arrests, but military forces can, if necessary, take into temporary custody

rioters, looters, or other persons committing serious crimes. Deliver such persons to the police

or to designated military authorities as soon as possible.

• Avoid causing damage to private property unless reasonably necessary to perform the

assignment.

• Adhere to the arming orders issued by the chain of command.

• Be courteous to civilians to the maximum extent possible under existing conditions.

• Be respectful to civilians, including those in custody. Provide or arrange to deliver prompt

medical attention to persons who are in reasonable need.

• Do not discuss the operation with others or otherwise violate operational security.

• Allow properly identified reporters, radio and television personnel to move freely throughout the

area unless they interfere with the mission or create a substantial risk of harm to Service

members or others. Do not discuss the mission with members of the media in the absence of a

public affairs officer or the commander.

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Chapter III

GENERAL OPERATIONAL PLANNING AND EXECUTION

1. Planning Considerations in the DSCA Environment.

The joint operation planning process (JOPP) supports planning at all levels for missions

across the full range of military operations. It is the process described in chapter 3 of

Joint Publication (JP) 5-0, Joint Operation Planning. For Service-specific processes,

see—

a. Army Doctrine Publication (ADP) 5-0, The Operations Process.

b. Chapter 2 of Naval Warfare Publication (NWP) 5-01, Navy Planning.

c. Chapter 2 of Marine Corps Warfighting Publication (MCWP) 5-1, Marine Corps

Planning Process.

d. Air Force Instruction (AFI) 10-401, Air Force Operations Planning and Execution.

e. Commandant Instruction (COMDTINST) M3010.11(series), Volume 1, US Coast

Guard Contingency Preparedness Planning Manual.

2. Mission Analysis.

a. The key inputs to mission analysis are the higher headquarters planning

directive, strategic guidance, information about the incident and the affected

operational environment, and initial staff estimates. The primary products of mission

analysis are a restated mission statement and commander’s initial intent statement,

commander’s critical information requirement (CCIR), and planning guidance. In

preparation for the mission analysis process, staff officers should develop a generic

list of requirements within their functional areas for particular types of missions. In

the DSCA environment missions are linked to mission assignments via the RFA

process. Mission analysis of these mission assignments will result in fragmentary

orders (FRAGORDs), passed down from higher headquarters (via the JTF). Within

these FRAGORDs, the JTF and task force commanders must clearly translate civil

authority requirements (most likely what would be found in an ICS Incident Action

Plan or outlined in an ICS 204) into an order understood by supporting tactical

commanders tasked with execution. Figure 8 is a sample of ICS 204. If available,

this form should be included as an attachment or enclosure to the FRAGORD

tasking subordinate tactical unit.

b. Federal agency support operations should be fully coordinated and integrated

with state and local government agencies. On-going military operations and HD

requirements have priority over civil support (CS) operations unless otherwise

directed. The duration and scope of DOD involvement will be related to the severity

and magnitude of the event, and the requirements for DOD CS operations.

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Figure 8. Format Sample Assignment List (ICS 204)

3. Facilities and Support Requirements: Bases, Airports, Ports, or Sea Basing

a. During the initial stages of disaster response, locally based facilities may be

completely or partially dysfunctional. Getting airports, ports and staging areas up

and running is one of the most essential tasks after conducting immediate life saving

activities. These facilities are essential for bringing in response forces and

specialized equipment to the affected area and DOD expertise in providing access to

seaports and airfields is a critical response operation capability.

b. Airport, harbor, and marine channel support operations may involve clearing or

salvaging ships, aircraft, piers, marine railways, bridges, or other damaged

structures blocking runways, air terminal access, harbors, and/or marine shipping

channels. Depending on the magnitude of the disaster and other factors, a single

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ship or item could block a strategic access point or hundreds of wrecks and other

marine debris could affect a substantial geographic area. Units tasked in these

operations could include mobile air traffic control units, US Air Force (USAF) Rapid

Engineers Deployable Heavy Operational Repair Squadron Engineers (RED

HORSE), and Navy salvage assets, such as mobile diving and salvage units,

salvage ships, and associated commercial salvage contractors.

c. During the initial assessment, Service components will be required to identify and

resolve air and sea transportation capability gaps in an emergency situation. Service

components should focus on the immediate response support requirements which

involve major transportation into and out of the affected area by identifying,

prioritizing, and restoring logistics.

d. DOD forces will rely on DOD facilities for real estate needs to the maximum

extent possible. No occupation of private land or facilities is authorized without

specific legal authority. Real property support may be obtained from the General

Services Administration, US Army Corps of Engineers (USACE), Naval Facilities

Engineering Command (NAVFAC), or other government agencies.

e. Airports and Operations.

(1) A rapid post-disaster assessment is often required before an airport is

declared safe and open for emergency operations. Therefore, an early priority will

be to conduct a disaster effects survey of existing airfields to determine if they are

safe and capable of conducting emergency operations. Runways, taxiways,

aprons and navigational aids must be surveyed as soon as possible and declared

operational by a civil authority. Table 5 is an example of an airfield survey. This is

not a certified airfield survey but will assist in determining airfield suitability.

(2) Disaster response operations involve numerous aircraft from military and

civilian organizations. Specialized response forces and equipment are often flown

into the affected area, thus, it is essential to get airfields partially operational as

soon as possible. Local- and wide-area air traffic control procedures are needed

to provide guidance for safe air traffic routing within the response area to and from

landing zones and fixed wing airports. Rules should specify standard

communication procedures and frequencies, checkpoints, altitude guidance, and

air routes.

(3) SecDef and Federal Aviation Administration (FAA) approval is required to

operate unmanned aircraft systems in a disaster area.

(4) Helicopter operations and military/response agency flight operations have

priority for air traffic control rules and routes in the affected area.

(5) Depending on equipment capabilities at airports, it may be necessary for ship-

borne systems to close within territorial waters to assist aircraft in collision

avoidance and navigation in bad weather. Shipboard radars may be affected by

land-sea interface and other terrain factors.

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Table 5. Sample Airfield Survey

1. Location:

Date:

2. Name of airfield/International Civil Aviation Organization (ICAO) code:

3. Location (lat/long coordinates):

4. Fuel (type and availability):

5. Materials handling equipment:

6. Elevation:

7. Runway length, width, condition:

8. Taxiway length, width, condition:

9. Surface composition and estimated single wheel loading factor:

10. Available parking area:

11. Largest aircraft accommodated:

12. Instrument approach facilities; navigation aids:

13. Aircraft obstacles:

14. Are runways/taxiways lighted?

15. Communications (frequencies, call signs):

16. Is the airfield under civilian or military control?

17. Status of commercial air traffic into and out of the airfield during the period in

issue:

18. Does the airfield meet ICAO standards for signs, markings, and other applicable

requirements?

19. What is the availability of Federal Aviation Administration certified air traffic

controllers?

20. Conditions of roads leading to airport:

21. Conditions and weight limits of bridges leading to airport:

22. On-site assembly areas and capacity:

23. Latrine and shower facilities:

24. Feeding facilities and capacity:

25. Key contacts, key personnel:

26. This report prepared by:

27. ______Sketch attached ________Video attached ________Photo(s) attached

(6) Commanders shall establish an air terminal operations center (ATOC) to

manage the site’s air logistic support operations. The ATOC acts as an interface

among the advanced logistic support site and the battle force logistics

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Military reference books and manuals (2009-2023, Volume 2) - page 4