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Provide Support for Domestic Civilian Law Enforcement Agencies
COUNTERTERRORISM SUPPORT
5-42. In very limited circumstances, federal military forces may support domestic counterterrorism
operations. The FBI may request specialized federal military counterterrorism support. The FBI on-scene
coordinator notifies the FBI Director and the Attorney General of the United States of any request for DOD
assistance. The FBI also informs the Assistant Secretary of Defense (Special Operations and Low-Intensity
Conflict) of the pending request and provides details of the incident. The Assistant Secretary of Defense
(Special Operations and Low-Intensity Conflict) advises the Secretary of Defense, and the Attorney
General confers with the Secretary of Defense on the deployment request. They, in turn, confer with the
President. The President or Secretary of Defense must approve all federal military support to
counterterrorism within the United States.
CONSIDERATIONS FOR SUPPORT TO DOMESTIC CIVILIAN LAW
ENFORCEMENT AGENCIES
5-43. State National Guard forces frequently support civilian law enforcement during disaster response.
Missions include conducting joint patrols with law enforcement officers, securing evacuated
neighborhoods, and providing surveillance support. The disruption and confusion associated with a disaster
typically cause numerous problems with these missions. Commanders should evaluate the potential for law
enforcement mission as part of their unit’s initial reconnaissance and provide their assessment to their state
joint task force headquarters. Simultaneously, they impress upon their subordinates that they must refrain
from law enforcement activities except as authorized.
5-44. Federal military forces, when authorized, may support law enforcement activities in a major disaster
or a serious CBRNE incident. Their mission assignments could include providing technical assistance,
logistical support, and communications assistance. Indirectly, they support law enforcement by relieving
National Guard Soldiers of non-law-enforcement missions, allowing that state’s forces to assist with direct
law enforcement support. This complementary employment of federal military and state National Guard
forces maximizes the effectiveness of military support to law enforcement agencies.
COMMAND AND CONTROL FOR DOMESTIC LAW ENFORCEMENT SUPPORT OPERATIONS
5-45. Domestic law enforcement support requires expert legal advice to leaders at every level. The
command staff judge advocate should review plans and orders carefully, even if this delays their release.
Plans and orders should identify measures that require legal consultation, command approval, or both.
Supporting commanders should plan for additional liaison personnel and communications to the supported
law enforcement agency. Commanders ensure their Soldiers know their chain of command and which law
enforcement agency they are supporting. Federal military forces and state National Guard forces may
operate in proximity although they remain under separate chains of command. On the ground, however,
commanders from both forces co-locate so they can coordinate all operations very closely.
INFORMATION AND INTELLIGENCE FOR DOMESTIC LAW ENFORCEMENT SUPPORT
OPERATIONS
5-46. When Army units support civilian law enforcement, they must be very careful about the types of
units providing assistance, the nature of the assistance, and the capabilities involved. This is particularly
important regarding information about civilians. Just as in the military, civilian law enforcement operations
rely on information to ensure success of the mission. Civilian law enforcement agencies comply with strict
legal limits on information: who provides it, what is collected, how it is collected, and how it can be used.
Military forces supporting civilian law enforcement agencies are even more limited. Commanders must
ensure laws, military regulatory authorities, and DOD policies are not violated.
5-47. Many intelligence, surveillance, and reconnaissance capabilities can support law enforcement
officials during a disaster or CBRNE incident if their use is approved by the Secretary of Defense. For
example, robotic systems used to detect explosives in combat operations can serve similar purposes in the
aftermath of a domestic incident to assist in search and rescue operations. Few if any civil law enforcement
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Chapter 5
agencies have this sophisticated equipment or the personnel to operate it. Similarly, two of the most
important capabilities employed by Soldiers are night vision systems and integrated suites of surveillance
systems. Both capabilities become vital in the aftermath of a major disaster, when power grids are
damaged. Use of sophisticated night vision capabilities such as forward looking infrared requires approval
of the Secretary of Defense. Army aviation, equipped with surveillance systems and flown by night-
qualified aviators increases the nighttime capabilities of law enforcement officials significantly. Although
remotely piloted aircraft have similar surveillance capabilities, airspace control procedures may limit or
prohibit their use (see appendix H). Military forces using intelligence capabilities to support civil law
enforcement agencies are subject to different restrictions than for intelligence activities related to combat.
5-48. Employment of intelligence systems domestically remains a sensitive legal area, particularly when
used in support of law enforcement agencies. Commanders must understand the differences between
information and intelligence activities. Any nontraditional use of intelligence, surveillance, and
reconnaissance capabilities in support of law enforcement requires approval by the Secretary of Defense.
Refer to chapter 7 for a more extensive discussion of legal restrictions on military intelligence.
MOVEMENT AND MANEUVER FOR DOMESTIC LAW ENFORCEMENT SUPPORT OPERATIONS
5-49. In any mission that has the potential for lethal force, such as a civil disturbance, commanders should
designate a reserve whenever possible. The reserve may be small, even two or three Soldiers, but even a
small reserve can become a critical asset when a situation deteriorates. In planning for the reserve, the
commander should—
z
Provide the reserve with sufficient mobility to move to any area of the operational area quickly.
In a civil disturbance environment, the reserve should have wheeled armored vehicles.
z
Ensure the reserve has tactical communications and monitors the command network. Position
the reserve near the command post, where the reserve leader can monitor the common
operational picture.
z
Task-organize the reserve to enable it to use lethal force according to the rules for the use of
force (refer to chapter 7; see also appendix B of Joint Publication (JP) 3-28).
z
Retain the decision to commit the reserve personally.
5-50. Joint patrols involving state National Guard and local law enforcement officers have proven to be a
highly effective and efficient use of Soldiers in the aftermath of disasters and disturbances. The typical
joint patrol combines a section of three or four Soldiers, a high-mobility multipurpose wheeled vehicle
with tactical radios, night vision equipment, and one police officer familiar with the area. The patrol
combines mounted and dismounted security activity with presence. The inclusion of the police officer
allows for rapid administration of law enforcement and facilitates arrest and detention. It also solves many
perplexing intelligence issues. The police normally carry nonlethal weapons, allowing for discriminate
application of force. The presence of the Soldiers provides command and control even when emergency
traffic overwhelms police communications. The military vehicle provides increased mobility, and the night
vision equipment provides the patrol with tactical advantages over looters. As with any law enforcement
support, the controlling joint task force coordinates within its higher chain of command for the authority to
commit Soldiers to law enforcement support of any type. Small unit commanders should always confirm
rules for the use of force through their headquarters before combining Soldiers with police officers. When
employing joint patrols, the commander coordinates carefully with the supervising police chief to plan the
patrols and ensures that the military patrol leader conducts necessary preparation and coordination with the
supported police department before each patrol.
5-51. Generally, only National Guard members are authorized to conduct point patrols in state active duty
or Title 32 status. Title 10 members may conduct joint patrols if the Insurrection Act has been implemented
or under other exceptions to the Posse Comitatus Act.
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Provide Support for Domestic Civilian Law Enforcement Agencies
PROTECTION FOR DOMESTIC LAW ENFORCEMENT SUPPORT OPERATIONS
5-52. Soldiers assigned to protect critical facilities such as a public utility, transportation nodes, or similar
critical infrastructure vital to public health and safety, must understand how to apply the standing rules for
the use of force, especially the use of deadly force, to protect that particular facility.
Protective Equipment
5-53. A wide variety of specialized protective equipment enables Soldiers to conduct civil disturbance
operations. Personnel protectors provide the individual Soldier with added protection to the sensitive and
vital areas of his body. They provide excellent protection for the individual Soldier from trauma often
inflicted by thrown objects such as rocks, bricks, sticks, and bottles. Some examples include nonballistic
face shields and body shields. Additional protective equipment includes ballistic full-body shields and face
shields, leg protectors, and other equipment to protect individuals from small arms fire. Soldiers may carry
these items of equipment in lieu of or in combination with the individual ballistic armor based on the
situation.
The Use of Force
5-54. Federal military forces supporting law enforcement often have severe restrictions on the use of force.
Soldiers in Title
10 status may only use deadly force when all lesser means have failed or cannot
reasonably be employed and it is reasonably necessary—
z
To protect federal military when the commander reasonably believes a person poses an
imminent threat of death or serious bodily harm.
z
To protect yourself and other federal military from imminent threat of death or serious bodily
harm.
z
To protect persons not affiliated with DOD in the vicinity from the imminent threat of death or
serious bodily harm, if directly related to the assigned mission.
z
To prevent the actual theft or sabotage of assets vital national security or inherently dangerous
property.
z
To prevent the sabotage of a national critical infrastructure.
z
To prevent a serious offense that involves imminent death or serious bodily harm against any
person, if directly related to the assigned mission.
5-55. In civil disturbance and other tense situations, commanders take extra precautions concerning the
employment of weapons. The preferred means is for company commanders to maintain designated
marksmen under their personal control. The marksmen should be trained marksmen armed with precision
systems. The marksmen may occupy over-watch positions or remain in reserve at the commander’s
location. Their orders to engage come from the commander personally; at all other times they observe but
do not engage. All other subordinate leaders control their Soldiers and stress that they only employ their
weapons in self-defense, to save the life of an innocent citizen, or to protect designated critical
infrastructure.
5-56. Commanders should plan for the use of exclusion warnings and barriers around any protected
facility. In sharp contrast to combat situations, these markings and barriers should be highly visible and as
easily understandable as possible. Units should set up warning signs, entry control points, and crowd
control measures intended to prevent any accidental confrontation with security forces. Barrier material,
particularly concertina, should be clearly marked and visible at all times. If possible, Soldiers should
establish an outer barrier of traffic pylons, police tape, or wooden rails to keep citizens from accidentally
injuring themselves on barbed wire. Often a well-informed Soldier posted at a likely primary contact point
provides the best means of public control.
Nonlethal Weapons
5-57. Nonlethal weapons provide an effective alternative means of employing force to reduce the
probability of death or serious injury to noncombatants and the individual Soldier while still mitigating the
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Chapter 5
threat. Commanders should evaluate the use of nonlethal weapons in domestic operations plans and rules
for the use of force. Additionally, commanders should plan for and conduct rehearsals of rules for the use
of force to prepare their personnel for operations that may employ nonlethal weapons.
5-58. Nonlethal capability sets provide commanders with flexible options to accomplish mission objectives
relating to homeland security and homeland defense. Primarily used by the National Guard reaction forces,
the National Guard Bureau nonlethal capability sets include personal protective gear (face shields, body
shields, and shin guards), counter personnel equipment (restraints, electronic stun devices, and chemical
spray) and training devices like strike pads and simulation cartridges. With 240 total sets distributed to all
states and territories, 36 additional sets available from a central source, plus over 380 instructors, the
National Guard can provide indirect and direct support to law enforcement agencies across the United
States.
5-59. The primary doctrine for Soldiers on the employment of nonlethal weapons tactics during civil
disturbance operations is in Field Manual (FM) 3-19.15 and TC 3-19.5. Additional information may be
found in FM 3-22.40.
5-60. Commanders must ensure that they and their subordinates understand when and how to employ
nonlethal weapons. Nonlethal weapons continue to evolve, and Soldiers must be trained to use them
properly. Before employing any new nonlethal weapon, the command staff judge advocate should review
all pertinent orders and instructions for its use. Use of nonlethal weapons, like the use of all weapons, will
require approval from higher headquarters. Use of riot control agents by Soldiers requires additional
authorization from appropriate authorities (state or federal). Soldiers need to understand that all nonlethal
weapons are not equal; different classes of weapons require different rules for the use of force. Most
nonlethal weapons require approval from higher headquarters, and use of riot control agent by Soldiers
must be specifically authorized by the joint task force (state or federal). Soldiers should never use a
nonlethal weapon that is still in development.
SUSTAINMENT FOR DOMESTIC LAW ENFORCEMENT SUPPORT OPERATIONS
5-61. Civil disturbance operations may require specialized equipment and munitions, as well as barrier
material. The G-4 or S-4 should review the required equipment list and coordinate with the controlling
joint task force concerning equipment and ammunition on hand. Additional items may include riot batons,
concertina wire and pickets, flexible cuffs, face and body shields, protective mask filters, additional
stretchers, portable firefighting equipment, and assorted batteries. Critical infrastructure security missions
may require additional supplies, such as marking tape, to delineate the secure area.
5-62. Military departments and defense agencies may make equipment, base facilities, or research facilities
available to federal, state, or local civilian law enforcement officials for law enforcement purposes,
according to DOD directives. Additionally, DOD personnel can operate, maintain, or assist in operating or
maintaining DOD equipment, when the training of persons not affiliated with DOD would be unfeasible or
impractical from a cost or time perspective and would not otherwise compromise national security or
military preparedness concerns. This must be approved by the Secretary of Defense or a designated
representative. (See DODD 5525.5.)
5-12
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Chapter 6
Provide Other Designated Support
This chapter discusses the fourth primary civil support task—provide other
designated support. It describes five types of support that Army forces provide under
this task. It provides basic information about how civilian organizations request these
types of support.
TYPES OF DESIGNATED SUPPORT
6-1. The Army conducts a range of civil support missions not directly related to disasters; chemical,
biological, radiological, nuclear, or high-yield explosives incidents; and civilian law enforcement. In fact,
they are hybrid missions, combining aspects of incident response, law enforcement, and public relations, to
accomplish different ends. Missions that fall under this task include support for special events, direct
support to federal agencies, protection of critical infrastructure, wildland firefighting support, and
community support activities.
SUPPORT FOR SPECIAL EVENTS
6-2. Department of Defense (DOD) provides other support as directed for a variety of special events.
Events typically requiring federal military support include large recreational or sporting events such the
World’s Fair, the Super Bowl, the Olympics, or the World Series. Events requiring federal military support
also include important political events such as a Presidential inauguration, joint sessions of Congress, or
meetings involving world leaders. Certain events receive special status not only because of large crowds,
but also because of security requirements for the participants and the threat of civil disturbance. Events
such as these are known as “national special security events.” National special security events are
characterized by political, economic, social, or religious significance that may cause them to become the
target of terrorism or other criminal activity. The Department of Homeland Security designates national
special security events. The Secretary of Homeland Security establishes a special working group for each
event. The working group normally includes representatives from DOD and the National Guard Bureau.
The United States Secret Service, as part of Department of Homeland Security, is the primary agency for
coordinating support to national special security events. The Secret Service designs and implements the
operational security plan. Events in this category normally allow sufficient time for planning. Numerous
federal and state agencies may cooperate. Planning for possible transition to disaster support is inherent in
these operations. The United States Northern Command (USNORTHCOM) and United States Pacific
Command (USPACOM) commanders monitor national special security events in their respective areas of
responsibility. If an incident occurs at a national special security event, the Federal Bureau of Investigation
leads the law enforcement and criminal investigation efforts, and Federal Emergency Management Agency
(FEMA) coordinates incident management.
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Chapter 6
6-3. State National Guard forces provide other support as directed for civilian law enforcement agencies,
national special security events, protecting critical infrastructure, and other activities. The general focus of
state National Guard missions is usually on supporting security. Normally, some level of threat or hostility
is anticipated. Some general, ongoing planning and preparation may be possible for these types of
missions. Normally, mission-specific planning and training will be required once National Guard support
has been requested and approved. The supporting state National Guard forces are typically force packages
task-organized, trained, and equipped for the mission. The duration of these National Guard missions is
typically weeks to months.
6-4. National special security events may combine National Guard, Regular Army, and Army Reserve
forces. During the Presidential inauguration of 2009, National Guard, Regular Army, and Army Reserve
forces provided both ceremonial and security support. More than 10,000 National Guard troops from
numerous states assembled under the command of the District of Columbia adjutant general. All the
Regular Army and Army Reserve forces fell under the control of the Joint Task Force-National Capitol
Region. The federal military and state National Guard commanders coordinated closely throughout
operations. This event is an excellent model of effective parallel command structure for federal military
and state National Guard forces working together. Based on this model, Army officers tasked with similar
responsibilities should—
z
Integrate plans between federal military forces and state National Guard forces as early as
possible.
z
Establish joint and interagency planning protocols and provide liaison officers to key command
centers.
z
Establish a mobile reserve large enough to handle contingencies. Position the reserve closely
enough that it can respond quickly, yet far enough away that it is not visible to the crowds, or
impeded by them.
z
Maintain operational security.
6-5. Because a national special security event entails detailed planning, preparation, and execution, there
is time to appoint a dual-status commander for the event. In most cases, this will be a senior National
Guard officer from the state hosting the event. See chapter 7 for a discussion of dual-status command.
6-6. For other special events, the joint director of military support plans, coordinates, and monitors
federal military support according to priorities assigned by the Department of Homeland Security special
events working group. DOD focuses on support related to public safety and security, including, but not
limited to, physical security, aviation, logistics, communications, joint operations and command centers,
and explosive ordnance disposal. Federal military support for special events may be reimbursable or
nonreimbursable depending on the type of support provided and the nature of the event.
DIRECT SUPPORT TO FEDERAL AGENCIES
6-7. Certain domestic situations may require contingency military support outside the National Incident
Management System framework. In such cases, DOD provides support in response to a request from a
federal government agency or at the direction of the President. These incidents fall into three general
categories.
6-8. In the first case, the President may direct the Secretary of Defense to augment the federal civilian
work force of an agency experiencing labor problems. For example, in 1982, the President used military
personnel to replace the striking air traffic controllers. Earlier Presidents used the Army to deliver the mail
during postal strikes. This may occur based upon a request from the supported agency, or may be based
upon a Presidential decision.
6-9. In the second case, the President may authorize military support to a federal government agency that
suddenly expands its responsibilities due to an incident. Examples include support for animal or plant
disease eradication, oil and hazardous substance spills, and wildfires. DOD supports the Department of
Agriculture for emergencies requiring the containment and eradication of plant or animal diseases. The
Environmental Protection Agency and Department of Homeland Security
(Coast Guard) have
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20 August 2010
Provide Other Designated Support
responsibilities related to the National Oil and Hazardous Substances Pollution Contingency Plan (known
as the National Contingency Plan and found in Title 40, Part 300, Code of Federal Regulations). DOD
contributes support either under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(commonly known as the Stafford Act), or the Economy Act. The response to the oil drilling accident in
the Gulf of Mexico in 2010 illustrates such support. In this instance, reimbursement costs were assumed by
the owning corporation, while DOD assets supported the clean up. The National Interagency Fire Center, a
joint Department of Agriculture and Department of Interior organization, coordinates the federal response
to wildfires. DOD provides resources for the containment, control, and extinguishing of wildfires on lands
owned by the federal government. (See paragraphs 6-15 to 6-19.)
6-10. The third case involves a sudden mass immigration to the United States. This could result in DOD
providing support, when directed, to other federal agencies support such as housing, security, and logistics
while the federal government resolves the administrative requirements for migrants to enter the United
States. For example, Regular Army and Army Reserve forces provided extensive support to federal
authorities during the Mariel Boatlift in 1980. Thousands of Cubans took advantage of Castro’s relaxation
of his immigration policy to come to the United States. Local authorities were overwhelmed, and the Army
provided extensive support to temporarily house, secure, and move the immigrants.
PROTECTION OF CRITICAL INFRASTRUCTURE
6-11. Law enforcement support and protection of critical infrastructure share certain similarities. Both
missions require Soldiers to be prepared to use force to protect individuals and facilities. Both require close
cooperation with civilian security elements. These missions differ in other respects. Federal military units
may be tasked to protect nonmilitary critical infrastructure by the President, and critical military
infrastructure by the President or Secretary of Defense. Within the specific limits of their infrastructure
protection mission, federal military forces may remove, detain, and use force against individuals that pose a
threat to designated facilities without violating the Posse Comitatus act. Any use of force must remain
within the rules for the use of force specified for that mission (see chapter 7). National Guard forces under
state command may receive a specific protection mission by their governor or may deploy to protect certain
facilities in accordance with pre-existing contingency plans when ordered. Certain USNORTHCOM and
USPACOM plans require National Guard forces under federal command (Title 10 status) to alert and
deploy security elements for either homeland defense or homeland security missions.
6-12. The President has authority to order federal military forces to protect critical infrastructure. This
authority is derived from the President’s position as the Commander in Chief of the Armed Forces of the
United States, under Article II of the Constitution of the United States. The President may direct federal
military to protect critical infrastructure in either a homeland security or a homeland defense role. The
distinction between these roles is critical for two reasons. First, DOD is the lead federal agency for a
homeland defense operation, but not for a homeland security operation. Second, with the exception of
defense critical infrastructure protection
(functions normally a part of DOD’s core mission), DOD
participates in homeland security missions only if approved by the Secretary of Defense, consistent with
existing legal constraints, and only if they do not negatively affect DOD’s primary warfighting missions.
6-13. Normally, the President will provide justification prior to exercising authority under Article II, either
by issuing either a national emergency declaration or through executive order. This declaration or order
would also trigger the authority the Secretary of Defense, combatant commanders, and on-scene
commanders to exercise their authority to protect defense critical infrastructures, assets, and property.
Before any federal military forces can use deadly force to protect any infrastructure or asset, the President
must designate it as either a “national critical infrastructure” or “asset vital to national security,” or an on-
scene commander must have designated the property as “inherently dangerous property.”
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Chapter 6
6-14. Critical infrastructure protection requires careful planning and effective small-unit leadership. The
primary consideration is the application of the rules for the use of force. Soldiers with the mission to
protect designated public utilities, transportation nodes, or similar critical infrastructure vital to the public
health and safety must understand how to apply the rules for the use of force to protect that particular
facility. The unit leader should coordinate in detail with the manager of the facility and any security
personnel employed at the facility.
WILDLAND FIREFIGHTING SUPPORT
6-15. The federal government manages vast areas of land within the United States. Some of this land is
provided for national parks; some is owned and managed by the United States government for wildlife
habitat and natural resources. Each state also has an array of parks and resource preserves. Wildfires occur
on these lands every year, and federal and state forestry services maintain robust firefighting capabilities to
combat them. However, when wildfires exceed civilian firefighting capabilities, the primary agency
requests assistance from federal military forces, the National Guard, or both. The types of support vary, but
they range from surveillance to air movement of personnel and equipment and may include augmenting
firefighting personnel with military units. Military forces support wildland firefighting under the Economy
Act.
6-16. The National Interagency Fire Center is located in Boise Idaho. It coordinates the mobilization of
national resources for wildland fire and other fire incidents throughout the United States. The National
Interagency Fire Center operates and maintains the National Incident Coordination Center. The National
Incident Coordination Center dispatches heavy air tankers, lead planes, smokejumpers, hotshot crews,
incident management teams, area command teams, medium and heavy helicopters, infrared-equipped
aircraft, military resources, telecommunications equipment, remote automated weather stations, and large
transport aircraft. Geographic area control centers control manage wildland firefighting within their
regions. Figure 6-1 illustrates the geographic area coordination centers with their respective regions.
Figure 6-1. Geographic area coordination centers for wildland firefighting
6-4
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Provide Other Designated Support
6-17. Wildfire firefighting is a hybrid mission that combines aspects of disaster response with other types
of support. It involves response to an incident but also entails specialized planning, training, and command
and control. Although military forces remain under the command of their military leadership, civilian
professionals direct the tactical employment of supporting military forces. First responders need disciplined
manpower they can rapidly convert into large numbers of personnel along the fire line. They also need
reserves to fill gaps created when civilian firefighters reach exhaustion.
6-18. Any large wildfire creates a very dangerous environment for neighboring residents and first
responders alike. Fighting fires can be lethal, and Soldiers supporting firefighting agencies must receive
special training and equipment. The National Interagency Fire Center has developed an intensive training
program that prepares Soldiers and leaders for service on the fire lines. The National Interagency Fire
Center conducts training in conjunction with joint reception, staging, onward movement, and integration of
supporting military units. Commanders need to understand the U.S. Forest Service reorganizes its small
units into firefighting teams and places them under the tactical control of an experienced firefighter. The
Forest Service also provides equipment, protective garments, and communications as part of the training. It
provides communications and life support to all personnel not directly involved in firefighting, such as
truck drivers and administrative personnel.
6-19. Force health protection becomes a primary concern of commanders in any wildfire support mission.
While the Forest Service can train personnel, it cannot condition them or enforce field discipline.
Commanders must stress the role of the small-unit leader in caring for subordinates. Medical personnel
need to conduct frequent checks on the health of Soldiers and be prepared to treat heat injuries, burns, and
trauma.
COMMUNITY SUPPORT ACTIVITIES
6-20. Commanders take an active interest in their relationships with civilian officials by supporting
appropriate community events. They initiate and support activities of common interest and benefit. They
establish productive relationships with national, state, and community officials that benefit the Army and
civilian communities. Army installation commanders often appoint a community relations committee to
review community assistance requests. Such civil support falls outside the definition of DSCA.
6-21. There are limitations on the use of Army forces for community support. Army forces do not compete
with resources and services commercially available in the community. Commanders may not authorize
military support when local businesses can provide the same or similar support. Army participation in
community assistance is never provided for profit. Leaders ensure that no unit realizes a monetary profit, a
gratuity, or remuneration in any form unless provided for by public law or regulation.
6-22. Periodic planned community assistance activities can be national missions that focus on developing
public support for the Army. They also can be civilian organization or local community missions focused
on improving the community, its infrastructure, and quality of life. However, certain programs do not fit
neatly into one category or the other. Programs established by DOD or Department of the Army require
execution at the installation level. Many require the energy and initiative of the commander to foster
successful partnerships to form new partnerships.
6-23. Army aviation units may fly emergency medical evacuation missions to transport civilians to
community hospitals. This is similar to immediate response authority, but there are administrative
differences. The civilian agency is not required to reimburse DOD. Army aircraft must perform the mission
from their home airfield and return upon completion. In other words, the aircrew cannot relocate to another
state to support emergency services away from their home base.
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Chapter 6
REQUESTS FOR OTHER DESIGNATED SUPPORT
6-24. Paragraphs 6-25 to 6-27 discuss how civilian organizations normally request other designated
support. Requests may be addressed to National Guard forces of a particular state, to DOD, or to specific
installation commanders.
REQUESTS TO THE STATE NATIONAL GUARD
6-25. The requesting civilian organization may contact a state’s National Guard directly. All state National
Guard headquarters have established processes for community support requests, generally through their
public affairs offices. Civilian organizations may search for specific contact information online by entering
the name of the state and the words “National Guard” into a search engine.
REQUESTS TO DEPARTMENT OF DEFENSE
6-26. Civilian organizations may submit requests for federal military support, through public affairs
channels, to the Office of the Assistant Secretary of Defense for Public Affairs, Attn: Directorate for
Community Relations and Public Liaison as Community Relations/Public Affairs Support. Organizations
use DD Form 2535 (Request for Military Aerial Support) or DD Form 2536 (Request for Armed Forces
Participation in Public Events
(Non-Aviation)). Either form can be submitted through Army, Navy,
Marine, or Air Force public affairs officers for processing. (See http://www.defense.gov/faq/comment.html
for more information.)
REQUESTS TO INSTALLATION COMMANDERS
6-27. Installation commanders may provide support when it meets the requirements of innovative
readiness training (under Section 2012, Title 10, United States Code). Innovative readiness also refers to
support to a civilian organization that provides training to the military unit involved. Applications are
available at http://irt.defense.gov/index.html.
6-6
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Chapter 7
Legal Considerations
This chapter identifies the primary mission authorities for military forces
participating in civil support, with an emphasis on authorities affecting federal
military forces. It summarizes the authorities of state governors, the President, the
Secretary of Defense, and military commanders to respond to requests for assistance
from civil authorities. This chapter also discusses the most common legal issues
commanders face when conducting civil support operations—particularly those
issues related to rules for the use of force, information and intelligence, isolation and
quarantine, and liability.
POWERS OF A STATE GOVERNOR
7-1. Governors serve as commanders in chief of their state National Guard forces and may assume special
powers upon the declaration of a disaster, emergency, enemy attack, or riot. The authority of the governor
is circumscribed or limited by United States Code (USC) and each state’s law and statutes. Although the
governors’ powers vary from state to state, emergency powers in all states generally include authorities
to—
z
Suspend statutory and regulatory provisions that otherwise might hinder response to a disaster.
z
Require hospitalization for those injured during a disaster.
z
Control ingress and egress into the emergency area to direct the evacuation of residents and
prescribe transportation routes.
z
Provide temporary shelter.
z
Commandeer property (with compensation).
z
Control or suspend utility services.
z
Limit or suspend the sale and possession of alcohol and explosives following a disaster or
emergency.
7-2. Governors also issue executive orders declaring “states of emergency” and ensure that state agencies
plan for actions in the event of a disaster. Once a disaster occurs, the governor determines how to respond
to a local government’s request for assistance. If appropriate, the governor declares a state of emergency,
activates the state response plan, and may call up the National Guard (under state orders). The governor
gives the National Guard its mission(s) and determines when to withdraw National Guard forces. The
governor informs the Federal Emergency Management Agency (FEMA) regional director of his or her
actions.
AUTHORITIES FOR FEDERAL MILITARY SUPPORT
7-3. The U.S. military has provided support to civil authorities in response to civil emergencies and
natural disasters throughout its history. The terminology applied to this function has varied over the years:
military assistance or military support to civil authorities, military support of civil defense, and
employment of military resources in natural disaster emergencies within the United States. The change in
terminology reflects the evolving changes in authorities granted to Department of Defense (DOD) by the
President and the Congress.
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Chapter 7
AUTHORITIES OF THE PRESIDENT
7-4. Although Article II of the Constitution of the United States and laws passed by Congress provide the
primary basis for the present-day authorities of the President, the scope of Presidential authority is much
broader. The President possesses inherent authority derived not from specific constitutional provisions or
statutes, but from the aggregate of presidential responsibilities as the Nation’s Chief Executive,
Commander in Chief of the Armed Forces, and the highest law enforcement authority. Supreme Court
decisions have held that the President has the inherent authority to preserve order and ensure public health
and safety during a national crisis or an emergency, according to the necessities of the situation. This
inherent authority empowers the President to act in response to an incident.
7-5. When confronted with a national crisis or emergency where there is no expressed Constitutional or
statutory authority, the President can either present the matter to the Congress and wait for legislation that
will authorize him or her to act, or take immediate action on the basis of the President's inherent authority
when no one other than the President is capable of doing so.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
7-6. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (known as the Stafford Act) is
the primary federal statute giving the President the authority to direct federal agencies to provide assistance
to state and local authorities during an incident. The purpose of this assistance is to save lives, alleviate
human suffering, protect public health and safety, and lessen or avert the threat of a catastrophe. The
Stafford Act allows four ways for the President to provide federal—including military—support to civil
authorities. Within these four categories, military support may include aviation, communications,
engineering, logistical, medical, public affairs, and other capabilities.
Major Disaster Declaration
7-7. The President may declare a major disaster when an incident is severe enough to necessitate federal
assistance to save lives, protect and preserve property, and provide for the public health and safety. The
declaration follows a request from the governor of the affected state. The President acts through FEMA to
authorize any appropriate federal agency to support state and local authorities.
Emergency Declaration
7-8. In cases where the President does not declare a major disaster, he or she may declare an emergency.
This declaration is either before (in anticipation of) or following an incident necessitating federal assistance
to save lives, protect property, provide for the public health and safety, and lessen or avert the threat of a
catastrophe. The amount of damage either anticipated or actual is less severe than for a major disaster.
Again, a request from the governor of the affected state is required. The President, through FEMA, may
authorize any federal agency to use personnel, equipment, facilities, and technical and advisory services to
support state and local authorities.
The National Emergencies Act
7-9. The National Emergencies Act of 1976 (Sections 1601-1651, Title 50, USC) gives the President
broad authorities to respond to emergencies, subject to Congressional regulation of these emergency
powers. Under the powers delegated by this statute, the President may seize property, organize and control
the means of production, seize commodities, assign military forces aboard, institute martial law, seize and
control all transportation and communication, regulate the operation of private enterprise, restrict travel,
and, in a variety of ways, control the lives of United States citizens. Moreover, Congress may modify,
rescind, or render dormant such delegated emergency authority.
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FM 3-28
20 August 2010
Legal Considerations
Department of Defense Ten-Day Emergency Work Authority
7-10. The President may direct the Secretary of Defense to send federal military forces on an emergency
basis to preserve life and property for a period not to exceed ten days. This DOD ten-day emergency work
authority includes removal of debris and wreckage and temporary restoration of essential public facilities
and services. It follows a request from a governor for assistance. A Presidential major disaster or
emergency declaration is not required. However, the President may issue a declaration following the ten-
day period, if additional federal assistance is requested and necessary.
Federal Primary Responsibility Authority
7-11. The President may, without a request for assistance from a governor, unilaterally issue an emergency
declaration and send federal assets, including federal military forces, to an area or facility over which the
federal government exercises exclusive or primary responsibility by virtue of the Constitution or a federal
statute. This may include federal missions, personnel, equipment, and property.
Reimbursement Under The Economy Act And Stafford Act
7-12. Once approved by the Secretary of Defense, federal military forces may perform civil support on a
reimbursable basis. The Economy Act of 1932 (Section 1525, Title 31, USC) is the fiscal authority for a
federal agency to reimburse DOD for goods and services that agency ordered and DOD rendered (when a
more specific statutory authority does not exist). Under the Economy Act, reimbursement may be provided
for DOD’s total costs.
7-13. If the President issues a major disaster or emergency declaration under the Stafford Act, then the
requesting federal agency reimburses DOD for the incremental costs of support provided. Reimbursement
policies and procedures differ depending on the authority under which services are performed.
Commanders must work closely with their supporting financial management offices to ensure costs are
captured and reported appropriately.
AUTHORITY OF THE SECRETARY OF DEFENSE
7-14. The Secretary of Defense, subject to the direction of the President, has the statutory authority to
direct and control DOD. The Secretary of Defense also has the statutory authority to issue regulations to
manage federal military personnel, property, and facilities. This includes the authority to delegate to
subordinate officials the authority vested in the Secretary of Defense. Under these authorities, the Secretary
of Defense has issued several DOD directives pertaining to civil support, such as Department of Defense
Directives (DODDs) 3025.15 and 3025.1. The Secretary of Defense designated the Assistant Secretary of
Defense for Homeland Defense and America's Security Affairs (ASD(HD&ASA)) as the DOD domestic
crisis manager, in DODD 5111.13. The ASD(HD&ASA) has policy, planning, advice, and approval
authority for civil support operations, except for civil disturbance and chemical, biological, radiological,
nuclear, and high-yield explosives incidents, direct support to civilian law enforcement agencies, and the
use or potential use of lethal force by federal military forces—which the Secretary of Defense retains.
7-15. The joint director of military support is the action agent for the ASD(HD&ASA) for civil support.
Once DOD receives a request for assistance, the joint director of military support evaluates and processes it
for the ASD(HD&ASA) and issues an execute order approved by the Secretary of Defense. The joint
director of military support also recommends to the Secretary of Defense designation of United States
Northern Command (USNORTHCOM) or United States Pacific Command (USPACOM) as the supported
commander, depending on the geographic location of the incident.
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Chapter 7
AUTHORITY OF THE COMBATANT COMMANDER
7-16. The Secretary of Defense has authorized the commanders of USNORTHCOM and USPACOM to
provide limited civil support on their own within their respective areas of operation. Specifically, they are
authorized to perform the following actions with their assigned and allocated forces and certain aviation,
communication, transportation, and medical units:
z
Place them on a 24-hour prepare-to-deploy alert for up to seven days.
z
Deploy them for up to 60 days, first notifying to the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff.
z
Employ forces in an emergency after personally approving a request for immediate assistance
from a primary federal agency such as FEMA, first notifying the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff.
AUTHORITY OF A DUAL-STATUS COMMANDER
7-17. Federal law permits the use of a dual-status military commander to integrate federal and state
National Guard forces, reduce duplication of effort, and ensure unity of effort during a national-level
(interagency) incident or national special security event. In practice, the authority is used only in pre-
planned special events. In most emergencies and disasters, the federal military and state National Guard
chains of command remain separate, the former supporting the joint (interagency) field office and the latter
the state emergency management authority. In a large, protracted response, particularly one limited in
geographic scope to a single state, the President and governor may agree to appoint a dual-status
commander. Note that in any extreme emergency, and particularly in case of an external attack on the
United States, the President may consolidate all military forces under DOD by federalizing the National
Guard and exercising command through USNORTHCOM or USPACOM. This is not dual-status
command.
7-18. Under Section 325 of Title 32, USC, a National Guard officer may serve on active duty in a federal
status (under Title 10) while retaining his or her National Guard status, if the President authorizes service
in both duty statuses, and if the governor of the affected state consents. Under Section 315 of Title 32,
USC, the President may approve a Title 10 active duty officer who is detailed to duty with the state
National Guard by a Service Secretary to accept a commission from a governor into the state National
Guard and serve concurrently in both a federal and nonfederal status. Only the commander is in a dual
status; subordinate forces are not.
Note: The dual-status commander may elect to combine or keep separate sections of the staff.
7-19. Four documents are necessary to implement this arrangement:
z
Presidential authorization.
z
Governor’s consent.
z
Order by the appropriate Service Secretary bringing the designated dual-status commander onto
active duty.
z
A memorandum of agreement between the two chains of command.
7-20. A memorandum of agreement must be signed by the governor and the President or their respective
designees before a dual-status commander can be established. The purpose of the memorandum of
agreement is to avoid future complicating liability determinations and confusion over the application of the
Posse Comitatus Act. This memorandum of agreement between the two chains of command should define,
at a minimum—
z
An agreement that each chain of command will not attempt to issue orders to the dual-status
commander that concern forces or missions assigned to the other chain of command.
z
Delineation of missions to be performed by forces in each chain of command and that the
federal missions will not involve law enforcement duties.
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FM 3-28
20 August 2010
Legal Considerations
z
The military justice authority that can be exercised by the dual-status commander in each of his
or her statuses.
z
The successor of command authority for each chain of command.
z
Rules for the use of force for both chains of command.
z
Procedures to resolve any conflicts that may arise.
7-21. A dual-status commander may receive orders from both the federal and state chains of command.
However, both chains recognize and respect that the dual-status commander cannot exercise dual authority
simultaneously on behalf of two mutually exclusive sovereign governments. Instead, a dual-status
commander exercises authority in a completely mutually exclusive manner,
(either in a federal or
nonfederal status), but never in both statuses at the same time. In other words, a dual-status commander
holds a federal hat in one hand and a nonfederal hat in the other hand but can wear only one hat at a time.
Figure 7-1 shows an example of a dual-status command structure.
Figure 7-1. An example of a dual-status command
7-22. When in a federal status, the dual-status commander takes orders from the President or those officers
the President and the Secretary of Defense have ordered to act on their behalf, and may issue orders to
federal forces under his or her command. When in a nonfederal status, the dual-status commander takes
orders from the governor through the adjutant general of the state and may issue orders only to National
Guard Soldiers serving in a nonfederal (Title 32 or state active duty) status under his or her command.
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7-5
Chapter 7
THE POSSE COMITATUS ACT
7-23. The Constitution does not explicitly bar the use of military forces in civilian situations or in matters
of law enforcement, but the United States has traditionally refrained from employing troops to enforce the
law except in cases of necessity. The Posse Comitatus Act (Section 1385, Title 18, USC) punishes those
who, “except in cases and under circumstances expressly authorized by the Constitution or Act of
Congress, willfully use any part of the Army or the Air Force as a posse comitatus or otherwise to execute
the laws….” Questions arise most often in the context of assistance to civilian law enforcement agencies.
In this context, courts have held that, absent a recognized exception, the Posse Comitatus Act is violated
(1) when civilian law enforcement officials make “direct active use” of military investigators, (2) when the
military “pervades the activities” of civilian officials, or (3) when the military is used so as to subject
citizens to the exercise of military power that is “regulatory, prescriptive, or compulsory in nature.” The
Act applies by regulation to the Navy and Marines. It does not prohibit activities conducted for a military
purpose
(base security or enforcement of military discipline) that incidentally benefit civilian law
enforcement bodies. The Act does not apply to the state forces, but state law may impose similar
restrictions.
7-24. Congress has provided for a number of statutory exceptions to the Posse Comitatus Act by explicitly
vesting law enforcement authority either directly in a military branch (the Coast Guard) or indirectly by
authorizing the President or another government agency to call for assistance in enforcing certain laws.
There are several exceptions to the Posse Comitatus Act, including those under—
z
The Prohibited Transaction Involving Nuclear Materials statute.
z
The Insurrection Act.
z
The Emergency Situations Involving Chemical or Biological Weapons of Mass Destruction
statute.
7-25. Under the Prohibited Transaction Involving Nuclear Materials statute (Section 831, Title 18, USC),
if the Attorney General and the Secretary of Defense jointly determine that the Nation faces an emergency,
the Secretary of Defense may authorize federal military forces to provide direct support to civilian
authorities to protect nuclear materials.
7-26. Section 333 of Title 10, USC (found in chapter 15, Insurrection), referred to the Insurrection Act,
governs the President’s ability to deploy federal military forces and federalized National Guard forces
within the United States to put down lawlessness, insurrection, and rebellion with or without the consent of
the governor depending on the situation. The Insurrection Act is discussed further in paragraphs 7-28 to 7-
29.
7-27. Under the Emergency Situations Involving Chemical or Biological Weapons of Mass Destruction
statute, (Section 382, Title 10, USC) if the Attorney General and the Secretary of Defense jointly determine
that the Nation faces an emergency involving an attack using chemical, biological, radiological, or high-
yield explosives, the Secretary of Defense may provide resources and personnel to assist civil authorities
regarding the enforcement of this statute.
7-28. Although not an exception to the prohibition against direct engagement in the execution of the law,
federal military forces may assist state and local civilian law enforcement agencies within limits. Federal
law allows federal military forces to provide “indirect” support to federal, state, and local civilian law
enforcement agencies. This includes passing information relevant to a violation of federal or state laws;
providing equipment, supplies, spare parts, and facilities; supplying sensors, protective clothing, antidotes,
or other supplies appropriate for use in responding to a chemical or biological incident; training in the
operation and maintenance of equipment; giving expert advice; and allowing personnel to maintain and
operate certain detection and communications equipment. The Secretary of Defense or a designee exercises
approval authority for this level of support.
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FM 3-28
20 August 2010
Legal Considerations
FEDERAL MILITARY FORCES AND CIVIL DISTURBANCE
7-29. Congress has delegated authority to the President to call up federal military forces during an
insurrection or civil disturbance. The Insurrection Act authorizes the President to use federal military
forces within the United States to restore order or enforce federal law after a major public emergency when
requested by the state governor or when the President determines that the authorities of the state are
incapable of maintaining public order. The President normally executes this authority by first issuing a
proclamation ordering the dispersal of those obstructing the enforcement of the laws. The President may
act unilaterally to suppress an insurrection or domestic violation against the authority of the United States
without the request or authority of the state governor.
7-30. The Insurrection Act has been used to send the Armed Forces to quell civil disturbances a number of
times during U.S. history, most recently during the 1992 Los Angeles riots and during Hurricane Hugo in
1989, during which widespread looting was in reported in Saint Croix, Virgin Islands. During the civil
rights movement, a few governors of southern states attempted to defy federal law and court orders,
necessitating action by the President under the Insurrection Act. In 1957, President Eisenhower federalized
the Arkansas National Guard at Central High School in Little Rock. In 1962, President Kennedy invoked
the Act when rioting broke out at the University of Mississippi in Oxford upon the admission of a black
student. It was again invoked by President Kennedy on June 11, 1963, and September 10, 1963, to enforce
court decrees opening public schools to blacks in the state of Alabama. The statue was also invoked by
President Lyndon Johnson as a preemptive measure in 1965 to federalize National Guardsmen and deploy
federal military forces when state officials in Alabama refused to protect participants during a civil rights
march.
MOBILIZATION OF THE RESERVE COMPONENT
7-31. When the President declares a major disaster or emergency under the Stafford Act, the Reserve
Component may support the relief effort. Under Section 12304 of Title 10, USC, the President has the
authority to involuntarily call-up no more than 200,000 members of the Selected Reserve. There are
specific limitations on mobilization of Army Reserve Units and National Guard for civil support. This
authority cannot be used for any civil disturbance or a domestic incident, except to respond to an
emergency involving a weapon of mass destruction, a terrorist attack, or a threatened terrorist attack in the
United States that results or could result in significant loss of life or property. Thus, the President may use
this statutory authority to federalize and deploy the National Guard civil support teams of several states in
the event of a chemical, biological, radiological, nuclear, or high-yield explosives incident in another state.
Note: Section
12304(c) of Title
10, USC restricts the involuntary call up of Reserve
Components. They may not be used under this authority for disaster response or to repress
rebellions. The latter situation requires Insurrection Act authority.
7-32. Soldiers on inactive duty for training (battle assembly) or annual training may be available to
perform a civil support mission and may support relief operations during these training periods, subject to
the approval of the Secretary of Defense or under immediate response authority. Under Section
10147(a)(2) of Title 10, USC, an Army Reserve unit’s annual training may be extended, upon the approval
of United States Army Reserve Command, to continue to perform civil support operations for up to 29
days (including travel time).
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7-7
Chapter 7
RULES FOR THE USE OF FORCE
7-33. Soldiers deployed to a combat zone overseas follow rules of engagement established by the
Secretary of Defense and adjusted for theater conditions by the joint force commander. Within the United
States and its territories, Soldiers adhere to rules for the use of force. There are many similarities between
them, for example in the inherent right of self-defense, but they differ in intent. Rules of engagement are by
nature permissive measures intended to allow the maximum use of destructive combat power appropriate
for the mission. Rules for the use of force are restrictive measures intended to allow only the minimum
force necessary to accomplish the mission. The underlying principle is a “continuum of force,” a carefully
graduated level of response determined by civilians' behavior. The application of rules for the use of force
also differs somewhat between National Guard forces and federal military forces. Figure 7-2, page 7-8,
illustrates the continuum of force and the graduated response required of Soldiers. Civilian behavior, on the
left, rises from cooperative (behaves as ordered by the Soldier) to potentially lethal. The corresponding
military response is on the right.
Figure 7-2. Illustration of the continuum of force
7-34. When deployed, both National Guard and Regular Army forces will encounter situations where
Soldiers and small-unit leaders will have to know and adhere to the rules for the use of force. Therefore,
leaders at every level review the rules for the use of force with their subordinates as part of their pre-
mission inspections and confirm that the Soldiers know the rules. Commanders should obtain and issue a
rules-for-the-use-of-force summary card to each Soldier before deploying from home station, and the small
unit leaders should inspect to ensure that the Soldiers have it. The potentially confusing situations
associated with infrastructure and property protection require particular attention from commanders. The
Soldiers securing a facility or area must understand the rules for the use of force as they apply to that
specific location. Above all, the unit leader must understand if, when, and how he or she may use lethal
force to protect the facility.
7-8
FM 3-28
20 August 2010
Legal Considerations
FEDERAL MILITARY FORCES AND STANDING RULES FOR THE USE OF FORCE
7-35. All federal military forces involved in civil support must follow the standing rules for the use of
force (SRUF) specified in a classified Chairman of the Joint Chiefs of Staff Instruction (CJCSI). Appendix
B of Joint Publication (JP) 3-28 provides more information. See also the current Chairman of the Joint
Chiefs of Staff standing execute order for DSCA, referred to as the CJCS DSCA EXORD. The Secretary
of Defense approves SRUF, and the supported combatant commander incorporates them into plans and
orders for various civil support missions. The SRUF also apply to federal military forces performing a
homeland defense mission on land within U.S. territory. They apply to federal forces, civilians, and
contractors performing law enforcement and security duties at all federal military installations (and off-
installation, while conducting official DOD security functions), unless otherwise modified by the Secretary
of Defense. This includes protection of critical U.S. infrastructure both on and off federal military
installations, federal military support during a civil disturbance, and federal military cooperation with
federal, state, and local civilian law enforcement agencies.
7-36. Before employment in civil support, all Soldiers require training on the appropriate rules for the use
of force. Training focuses upon the particular rules for the use of force in the operation plan issued by the
gaining joint force commander, but in the absence of the plan commanders should train according to the
SRUF. Commanders should include a staff judge advocate to assist with leader training. SRUF cards
should be issued to each person during training and personnel should not deploy until they are trained in
SRUF. Supported combatant commanders submit a request for mission-specific rules for the use of force to
the Chairman of the Joint Chiefs of Staff, for approval by the Secretary of Defense. Unit commanders may
further restrict mission-specific rules for the use of force approved by the Secretary of Defense, but may
not make them more permissive. Unit commanders notify their chain of command up through the Secretary
of Defense of any additional restrictions (at all levels) they place on approved rules for the use of force. In
time-critical situations, notification to the Secretary of Defense occurs concurrently with notification to the
Chairman of the Joint Chiefs of Staff.
NATIONAL GUARD FORCES AND STATE RULES FOR THE USE OF FORCE
7-37. State law governs rules for the use of force for National Guard forces in a state active duty status. As
such, each state must take into account its own specific criminal laws when drafting rules for the use of
force. As an example, in the case of the airport security mission conducted by the National Guard
following the September 11, 2001 terrorist attacks, there were over 50 different rules for the use of force
used by the various states and territories conducting the mission. Although virtually identical, all of these
rules for the use of force addressed similar subjects, the specific implementation of these subject areas
varied from state to state because of their differing state and territory legal foundations.
7-38. Note that states that provide National Guard forces in state active duty or Title 32 duty status to
another state normally will adopt the rules for the use of force of the supported state for those forces while
they deployed. The states involved will normally specify in their memorandum of agreement on the rules
for the use of force the forces will follow before deployment. As an example, states worked through this
process with Louisiana, Texas, and Mississippi following Hurricanes Katrina and Rita.
7-39. Note also that there is no single term used to describe state rules for the use of force. Each state uses
a different term. States may refer to them as rules of engagement, rules for the use of force, rules on the use
of force, and rules of interaction. "State rules for the use of force," as used in this field manual, is a generic
term intended to refer to rules of the fifty-four National Guards based on the criminal laws of the individual
states or territories. Each state prepares and issues a reference card for its rules for the use of force. Figure
7-3, page 7-10, illustrates the type of card that a Guardsman might carry.
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7-9
Chapter 7
Figure 7-3. Sample rules for the use of force card carried by National Guard forces
INTELLIGENCE RULES AND RESTRICTIONS
7-40. Intelligence oversight refers to the law and regulations that balance the Constitutional right of
individuals to privacy with the need for the federal government to collect intelligence for national security
purposes. Commanders need to understand that DOD directives and Service regulations restrict the military
from collecting or possessing information on U.S. citizens, whether individuals and groups. Because of the
difficulty of determining an individual’s legal status, DOD imposes restrictions on collection and storage of
any civilian personal indentifying information, or information on groups of citizens that make up a civilian
organization (such as a church congregation or parish). This restricts Army units under federal military
command from collecting or retaining information that identifies individuals with businesses, voluntary
organizations, or civilian agencies, except as authorized by DOD directives and regulations. The following
individuals and groups are protected by intelligence oversight rules:
z
U.S. citizens.
z
Lawful permanent resident aliens.
z
Unincorporated associations substantially composed of U.S. citizens or permanent resident
aliens.
z
Corporations incorporated in the United States, except for those directed and controlled by a
foreign government.
7-41. Seven documents contain the core legal authorities for intelligence oversight:
z
Constitution of the United States.
z
Executive Order 12333 (1981).
z
National Security Act of 1947.
z
Foreign Intelligence Surveillance Act of 1978 (Public law 95-511).
z
DODD 5240.01.
z
DOD Publication 5240.1-R.
z
Army Regulation (AR) 381-10.
The restrictions put in place by intelligence oversight directly affect specific Army elements and
organizations conducting authorized intelligence activities.
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FM 3-28
20 August 2010
Legal Considerations
7-42. Although units limit incident awareness and assessment operations in order to safeguard the rights of
U.S. citizens, they may receive and retain intelligence concerning foreign intelligence and counter-
intelligence. Commanders and intelligence personnel require further authorization, however, to continue to
retain information if a foreign group or noncitizen is within the United States. The best practice for
commanders is to limit intelligence capabilities to supporting situational awareness, assessment, and force
protection unless they have a specified task to support civilian law enforcement agencies or national
intelligence requirements.
7-43. Collection, retention, and further dissemination of law-enforcement-derived information and
intelligence are permissible only according to DODD 5200.27, paragraphs 3, 4, and 5. For example, local
police may know that a violent gang is active in a neighborhood affected in a disaster. The police may
provide the Army unit with information on known locations used by the gang, peculiar paraphernalia
associated with that gang, and the types of weapons and vehicles used by the gang members. Army units
may only retain this information if there is a clear foreign intelligence or counterintelligence relationship or
nexus. Military police or force protection units may only retain this information if these gangs constitute a
direct and articulable threat to DOD missions, personnel, or resources, according to DODD 5200.27,
paragraphs 3, 4, and 5. Civilian police may ask Soldiers to report any gang activity they observe through
their chain of command to the police, although this information may only be acquired incidentally since
federal military personnel may not directly assist civilian police in developing criminal information. Such
information may be reported by Army intelligence or military police and force protection units according
to DODD 5525.5; DOD Publication 5240.1-R, Procedure 12; and DODD 5200.27, paragraphs 3, 4, and 5.
The unit may retain law enforcement intelligence provided by the police only according to DODD 5525.5;
DOD Publication 5240.1-R, Procedure 3; and DODD 5200.27; and log any information provided to the
police under intelligence oversight or other sensitive information program standards, as long as no
specifically identifying information is retained regarding the United States persons collected on. Before
any further dissemination, the staff should confirm with the staff judge advocate that they could distribute
the information to subordinate units.
7-44. Airborne sensors and unmanned aircraft systems pose particular challenges for intelligence
oversight. These systems provide commanders and civil authorities with powerful tools to help them assess
the situation on the ground, particularly in the initial stages of response. However, information gathered by
these systems can conflict with the intelligence oversight restrictions. For example, an Army helicopter
equipped with forward looking infrared may be tasked to assess the stability of flood control constructed
earlier in the day. During the course of the surveillance mission, the aircrew may spot a group of looters
near the flooding. They may legally report this to their chain of command, without identifying the looters,
according to DOD Publication 5240.1-R, Procedure 12. No identifying United States personal information
may be retained by the Army unit. According to DOD Publication 5240.1-R, Procedure 3, information of
this nature may be incidentally retained for this purpose of relaying it to civilian law enforcement, after
which time it must be destroyed, not later than 90 days after acquisition.
7-45. Airborne support for incident awareness and assessment traditionally required specific Secretary of
Defense approval on a case-by-case basis. In order to clarify the types of airborne support authorized, the
CJCS DSCA EXORD contains pre-approved incident awareness and assessment support modules. Even
though pre-approved, use of the capabilities for any purpose other than that specified in the CJCS DSCA
EXORD requires specific Secretary of Defense approval. The 14 August 2009 CJCS DSCA EXORD
contains the following incident awareness and assessment support modules:
z
Situational Awareness Module.
z
Damage Assessment Module.
z
Evacuation Monitoring Module.
z
Search and Rescue Module.
z
Dynamic Ground Coordination Team.
z
Hydrographic Survey Module.
z
Chemical, Biological, Radiological, Nuclear, and High-Yield Explosives Assessment Module.
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Chapter 7
SENSITIVE INFORMATION
7-46. Any information acquired on individual citizens and specific civilian organizations by military
intelligence personnel and capabilities or by DOD law enforcement, antiterrorism, or force protection
personnel is extremely sensitive. Its collection must be authorized, and all information collected must be
provided directly to the supported law enforcement agency unless separate exceptions permit retention by
DOD. Otherwise, the military unit may not retain this information. If commanders determine or suspect
that these prohibitions have been violated, they report the violation in accordance with DOD Publication
5240.1-R, Procedure 15, for G-2 and intelligence violations; and according to DODD 5200.27 for improper
collection activities by provost marshal, antiterrorism, or force protection personnel. DODD 5525.5, and
Enclosure 2; DOD Publication 5240.1-R, and DODD 5200.27 govern the release of sensitive information.
Any waivers or exceptions to these restrictions may only be granted by Secretary of Defense or the
Secretary of the Army.
7-47. Sensitive information includes criminal intelligence generated by civilian law enforcement agencies
and passed to military units involved in civil support. Similarly, it includes information and reports from
Soldiers who witness what they believe to be criminal activity. Army forces may assist civilian and military
law enforcement agencies through the dissemination of incidentally acquired information reasonably
believed to reveal violations of federal, state or local law. Support must be consistent with DOD
Publication 5240.1-R and DODD 5200.27, which provides the following guidance:
Operations Related to Civil Disturbance. The Attorney General is the chief civilian
officer in charge of coordinating all Federal Government activities relating to civil
disturbances. Upon specific prior authorization of the Secretary of Defense or his
designee, information may be acquired that is essential to meet operational requirements
flowing from the mission as to DOD to assist civil authorities in dealing with civil
disturbances. Such authorization will only be granted when there is a distinct threat of a
civil disturbance exceeding the law enforcement capabilities of State and local
authorities.
DODD 5200.27
7-48. Military forces handle information developed by civilian law enforcement agencies regarding
persons not affiliated with DOD during civil support operations according to DODD 5200.27 and AR 380-
13. Most of this information is law-enforcement derived. DOD policy limits collecting, reporting,
processing, or storing law-enforcement-derived information on individuals or organizations not affiliated
with DOD. Chapter 6 provides additional information for handling intelligence and information related to
citizens. This is a major difference between stability and civil support operations. These directives and
regulations ensure compliance with various laws intended to protect the rights of citizens and restrict
military intelligence collection to external threats. Although not discussed here, similar restrictions limit the
activities of National Guard forces operating in either state active duty or Title 32 duty status. Each state
and territory has specific instructions governing the collection and processing of information on U.S.
citizens, legal aliens, and illegal aliens. In general, these are not as restrictive as DODDs and Service
regulations applicable to federal military forces. The adjutant general of the state works with the state
attorney general to clarify instructions pertaining to National Guard civil support.
7-49. There are legal restrictions on using information about individuals and organizations physically
located within the United States and its possessions unless they are part of DOD (military, civilian, or
contractor). The core regulations pertaining to these restrictions are DODD 5200.27 and AR 380-13. The
restrictions on the use of law enforcement information govern the activities of all members of DOD
(uniformed members and civilians). Like intelligence oversight program objectives, these restrictions are
designed to ensure that the rights of, and information on, individuals or organizations not affiliated with
DOD are protected unless such information is essential to the accomplishment of specified DOD missions.
Any information collected on people not affiliated with DOD must pertain only to the protection of DOD
7-12
FM 3-28
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Legal Considerations
functions and property, personnel security, or operations related to civil disturbance. Seven specific
prohibitions regarding information acquisition are that—
z
Information acquired on individuals or organizations not affiliated with DOD may be restricted
to that which is essential to the accomplishment of assigned DOD missions.
z
No information shall be acquired about a person or organization solely because he or she
lawfully advocates measures in opposition to government policy.
z
Physical or electronic surveillance of federal, state, or local officials or of candidates for such
offices is prohibited.
z
Electronic surveillance of any individual or organization is prohibited, except as otherwise
authorized by law (such as, by warrant).
z
Covert or otherwise deceptive surveillance or penetration of civilian organizations is strictly
prohibited, unless specifically authorized by the Secretary of Defense (or designee).
z
Absolutely no computerized data banks shall be maintained relating to individuals or
organizations not affiliated with DOD, unless specifically authorized by the Secretary of
Defense (or designee).
z
No DOD personnel shall be assigned to attend public or private meetings, demonstrations, or
other similar activities for the purpose of acquiring information, without specific prior approval
by the Secretary of Defense (or designee).
However, an exception to the seventh item listed above may be made by the local commander concerned,
or higher authority, when, in his or her judgment, the threat is direct and immediate and time precludes
obtaining prior approval. In each such case a report is made immediately to the Secretary of Defense (or
designee). (While permissible according to DODD 5200.27, paragraph 5.6, this is not recommended as it
places the commander at great legal risk.)
SHARING INFORMATION
7-50. Because of these restrictions, commanders should ensure intelligence and sensitive information is not
only lawfully collected or acquired, but is also is lawfully retained and disseminated. DOD operates under
the common Congressional mandate to ensure all agencies, including DOD, share homeland security and
homeland defense information and intelligence with the proper authorities to identify threats rapidly and
effectively. However, the process requires careful compliance with existing laws and regulations. The key
is to understand these requirements, their inherent complexities, and the requirement to protect civil rights.
Because information acquired during civil support missions often refers to persons not affiliated with
DOD, commanders should require their subordinates to segregate and label electronic and paper files
generated during a civil support mission. This facilitates efficient disposal of all information on persons
and organizations not affiliated with DOD following return to home station.
7-51. At the conclusion of any civil support mission, commanders should direct their subordinates to
inspect printed and electronically stored information acquired during the operation. There is a 90-day
window for disposal of sensitive information related to U.S. citizens not affiliated with DOD (measured
from the time of acquisition). DODD 5200.27 states—
Information within the purview of this Directive, regardless of when acquired, shall be
destroyed within 90 days unless its retention is required by law or unless its retention is
specifically authorized under criteria established by the Secretary of Defense, or his
designee.
DODD 5200.27
All staff sections and subordinate units should inspect their paper and electronic archives. The purpose of
this inspection is to ensure that the unit has not inadvertently retained personal information on any citizen
or civilian organization. In general, units should only retain operational records and documents related to
expenditures. They should delete or destroy any information containing civilian names, phone numbers,
addresses, or any other personal identifying information, even if acquired incidental to the mission (such as
from an aircraft manifest). Information on U.S. persons not affiliated with DOD contained in intelligence
files, databases, and repositories is retained in accordance with disposition criteria in AR 25-400-2.
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Chapter 7
Information about U.S. persons deleted from user electronic files, but remaining on servers or archived
files, may remain until systems administrators purge or retire them in accordance with systems
maintenance policies, AR 25-400-2, or Archivist of the United States disposition instructions.
7-52. In combat, many units reconfigure command post configurations and processes to create a “fusion
center” for different types of intelligence, particularly in a counterinsurgency mission. Any information
received from a variety of sources is funneled to the fusion center where it is analyzed and used in data
bases. While a powerful tool in combat situations, units engaged in civil support operations should not use
a fusion center to combine operational information with any sensitive information, including criminal
intelligence or law enforcement information. “Fusing” information using combat intelligence techniques
and procedures with information received from civilian police authorities on United States persons or
persons not affiliated with DOD will invariably lead to violations of intelligence oversight and sensitive
information restrictions. In a civil support operation, commanders and their staffs segregate any sensitive
information into appropriate law enforcement channels and keep it there.
ISOLATION AND QUARANTINE AUTHORITIES
7-53. Isolation refers to the separation and the restriction of movement of people who have an infectious
illness from healthy people to stop the spread of that illness. Quarantine refers to the separation and
restriction of movement of people who are not yet ill but have been exposed to an infectious agent and are
therefore potentially infectious. A geographical quarantine, known as a “cordon sanitaire,” is a sanitary
barrier erected around an area. Both isolation and quarantine may be conducted on a voluntary basis or
compelled on a mandatory basis through legal authority.
7-54. The federal government has the authority to prevent the spread of disease into the United States
(foreign) or between states and territories (interstate). The Department of Health and Human Services is the
lead federal agency for isolation and quarantine. The Secretary of Health and Human Services has
delegated to the Director of the Centers for Disease Control and Prevention the authority to determine
whether measures taken by health authorities of any state are insufficient to prevent the spread of any
communicable diseases from that state to another state. The Director of the Centers for Disease Control and
Prevention may take measures to prevent the spread of the disease interstate as he or she deems reasonably
necessary.
7-55. The Secretary of Health and Human Services is authorized to accept from state and local authorities
any assistance in the enforcement of federal quarantine regulations that those authorities are able and
willing to provide. The Secretary of Health and Human Services shall cooperate with and aid States in the
enforcement of their quarantine and other health regulations. At the request of state authorities, the
Secretary of Health and Human Services may extend temporary assistance not to exceed six months to a
state in meeting health emergencies of a nature warranting federal assistance. The Secretary of Health and
Human Services may require reimbursement for any assistance provided as he may determine to be
reasonable under the circumstances.
7-56. Apprehension, detention, examination, isolation and quarantine by federal civil authorities are
authorized for a period of time and in such a manner as may be reasonably necessary, but only for those
“communicable” diseases that are set forth in executive orders issued from time to time by the President.
The current order’s (E.O. 13295 as amended by E.O. 13375) list includes cholera, diphtheria, infectious
tuberculosis, influenza caused by novel or re-emergent influenza viruses, plague, severe acute respiratory
syndrome, smallpox, yellow fever, and viral hemorrhagic fevers.
7-57. Only one federal statute permits federal military forces to enforce quarantine laws, under very
narrow circumstances. Section 97 of Title 42, USC, allows military commanders of any coastal fort or
station to assist in the execution of state quarantines with respect to vessels arriving in or bound for the
United States. Otherwise, there have been several legislative proposals to expand this enforcement
authority to other situations, but Congress has always refused to consider them. Consequently, absent a
Presidential decision under inherent authority or an exception to the Posse Comitatus Act (see chapter 7),
federal military forces cannot be used to enforce quarantine or isolation.
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Legal Considerations
7-58. Under Title 7, USC, the Secretary of Agriculture, to protect the agriculture, environment, economy,
and health and welfare of the population by preventing, detecting, controlling, and eradicating diseases and
pests of animals, is authorized to cooperate with foreign countries, states, and other jurisdictions, or other
persons, to prevent, regulate, and eliminate burdens on interstate commerce and foreign commerce. When
federal military support is requested, it is provided under the Economy Act.
PERSONAL LIABILITY
7-59. Federal military personnel are immune from personal liability if they cause death, injury, or property
damage as a result of their negligent acts (not intentional misconduct) while carrying out duties under the
Stafford Act or within the scope of employment under the Federal Tort Claims Act (Sections 1346(b) and
2671 through 2680 of Title 28, USC), respectively. As long as they are performing defense support of civil
authorities under a valid mission authority, they are protected. If a negligent act causing the death, injury,
or property damage was committed outside the scope of their duty or employment, a Soldier or civilian
employee may face personal liability, criminal prosecution, or both.
7-60. In conclusion, civil support is governed by different laws and regulations than military operations
conducted in foreign counties against a hostile force Legal issues will often arise and necessitate timely
legal advice throughout the civil support operation. The character of the Constitution and laws enacted by
successive Congresses create a complicated legal environment. Commanders should note that this chapter
only provides a summary; this discussion is not a comprehensive review of every requirement and
restriction. Commanders should always consult a staff judge advocate for legal advice.
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7-15
Chapter 8
Sustainment—Logistics and Personnel Services
This chapter begins by defining the sustainment warfighting function, including its
three major subfunctions. This chapter discusses the first two subfunctions of the
sustainment warfighting function—logistics and personnel services—in relation to
civil support operations. This discussion builds on the doctrine in chapters 1, 2, and
3. Chapter 9 continues the discussion of the sustainment warfighting function with
the third subfunction—health service support.
THE SUSTAINMENT WARFIGHTING FUNCTION
8-1. Army doctrine defines the sustainment warfighting function as the related tasks and systems that
provide support and services to ensure freedom of action, extend operational reach, and prolong endurance
(FM 3-0). The sustainment warfighting function includes logistics, personnel services, and health service
support. Sustainment often determines the degree of success units conducting civil support can achieve.
Effective sustainment, especially logistics, allows units to move into the operational area rapidly and
commence operations quickly. Logistics is planning and executing the movement and support of forces. It
includes those aspects of military operations that deal with: a. design and development, acquisition,
storage, movement, distribution, maintenance, evacuation, and disposition of materiel; b. movement,
evacuation, and hospitalization of personnel; c. acquisition or construction, maintenance, operation, and
disposition of facilities; and d. acquisition or furnishing of services (Joint Publication (JP) 4-0). Personnel
services are related to Soldiers’ welfare, readiness, and quality of life.
LOGISTICS COORDINATION FOR CIVIL SUPPORT OPERATIONS
8-2. The principal logistics function of the military during disaster response is to move, maintain and
secure logistical capabilities necessary for the response effort. The characteristics of the operational area
must be taken into consideration by all levels of command in order to properly assist with the response
effort and support military personnel. The military must be dependable in their ability to respond and
provide assistance in the most austere and damaged environments. The unit will deploy with basic
sustainment (food, water, and fuel), and coordinate with the higher headquarters for resupply. As the
situation improves, contracted support plays a greater role within the affected area. The capability of the
civilian population to provide for logistics decreases or eliminates the military requirement. In other
missions, the supported state or federal agency may provide the full range of support, with easy access to
amenities and rapid response to requirements. This might be the case during planned support to law
enforcement agencies. The Army possesses significant logistical capability and is able to respond with its
organic assets to assist civil support operations. Additionally, the Army is able to leverage other component
and Service installations in order to support operations. Logistics capabilities determine to a significant
extent the flexibility that the commander has to complete mission assignments quickly and accept other
missions. The ground and rotary wing distribution capability of Army forces is often critical to alleviate
suffering within the operational area.
8-3. Army units are expected to be self-sustaining during any civil support operations and individual
units should deploy with their sustainment requirements for the initial phase of operations, usually 72
hours, unless prior coordination has been made and is in place. Units should arrive at the location of an
incident with enough sustainment to conduct operations for at least 72 hours. This eases the sustainment
requirements on the gaining headquarters during any rapid response situation. After the 72 hours, Army
units must utilize the unit supply system, government purchase card or military contracting officers in order
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Chapter 8
to provide sustained internal support that incorporates all classes of supply. Except in rare circumstances,
the need for Class V (ammunition) is not required. Any deployment order will specify whether or not
ammunition is required for the specific mission. Except in extreme circumstances, ammunition supply is
not a factor; units deploy with small arms and ammunition as specified by their gaining headquarters and
normally return with every round they took with them. In most cases, National Guard forces under state
control receive sustainment from National Guard installations and supply centers, while federal military
forces draw from Department of Defense (DOD) resources and installations. However, this may not always
be the case.
8-4. A defense coordinating officer serves as a key link between the primary agency and joint
(interagency) field office, state agencies, and the combatant commands providing forces and support (see
chapter 2 for more information about the joint field office). Activities within a joint field office or regional
coordination center involve more than requests for federal military support. A defense coordinating officer
also coordinates for support to federal military forces supporting incident response. For example, if federal
military forces require additional radios to communicate with civilian responders, the defense coordinating
officer may coordinate a loan through the Federal Emergency Management Agency (FEMA) or other
agency resources. The defense coordinating officer coordinates through the logistics section at the joint
field office, which includes ground support, communications, supply, facilities, and medical support units
for additional support available through FEMA and other agencies. (See also paragraph 8-10.)
8-5. Federal military and state National Guard forces receive logistical and personnel support through
their controlling commands. Federal military forces receive support through DOD channels, primarily
through their parent Service channels, while National Guard units in Title 32 or state active duty receive
support through their state National Guard supply agencies. Both federal military and state National Guard
obtain consumables through contracting to the maximum extent feasible. In practice, commanders adjust
logistics support to the situation. Recent operations have featured federal military installations providing
facilities and common user logistics to National Guard forces conducting civil support operations. In other
instances, DOD may receive support such as basing and facilities from the National Guard through a
memorandum of agreement coordinated between the adjutant general, National Guard Bureau, and DOD.
8-6. Federal statutes and DOD policy restrict DOD components from procuring or maintaining any
supplies, materiel, or equipment exclusively for providing civil support, unless otherwise directed by the
Secretary of Defense. Federal military forces may lease or hand receipt real property such as vehicles and
generators, from other agencies or contracted vendors, but may not purchase these items without specific
authority from DOD. The defense coordinating officer can coordinate through the federal coordinating
officer to acquire certain items for use by federal military forces and then hand receipt the items to the
deployed forces. All leased or borrowed property must be returned to the owning agency, transferred to
other federal agencies as directed by the joint field office, or returned to the vendor as part of the unit’s
transition and redeployment.
8-7. For any disaster response, FEMA is responsible for the overall coordination of logistical support at
the federal, interagency level during a disaster response operation. At this level, commercial, private,
government, volunteer, and faith-based organizations work with FEMA using coordination guidance
contained within the National Incident Management System
(NIMS) and the National Response
Framework (NRF). Note that some military organizations involved in logistical support may operate
outside the federal military joint task force chain of command. For example, the United States Army Corps
of Engineers, as an agency, draws directly upon its own and federal resources in coordination with FEMA.
The Corps of Engineers will also support National Guard and Regular Army units when tasked, and may
submit requests for assistance through the joint field office to the federal military or National Guard joint
task force.
8-8. In a disaster response, FEMA coordinates and provides most of the sustainment needed by
responding organizations and victims. Military forces may provide some support to disaster victims as part
of a mission assignment. Officials from FEMA coordinate and sustain the majority of these people using
the resources of the federal government and agencies such as the Red Cross. FEMA logistic centers (see
figure 8-1, page 8-3) support responding agencies. These sites provide the resources for FEMA to manage
any emergency. The sites are located near Atlanta, Georgia; Berryville, Virginia; Cumberland, Maryland;
8-2
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Sustainment—Logistics and Personnel Services
Ft. Worth, Texas; Frederick, Maryland; Kansas City, Missouri; and San Jose, California. The three
offshore storage sites are located in Guam, Hawaii, and Puerto Rico. With access to 50 additional cache
storage facilities used by FEMA’s National Disaster Medical System to store medical supplies and
equipment across the country and 252 pre-positioned disaster supplies containers located in logistical
centers and fourteen states, FEMA can expedite the shipment of emergency commodities to any disaster in
the United States.
8-9. Most of the centers provide resources such as blankets, emergency meals, bottled water, generators,
cots, blankets, tarps, and roof sheeting, all of which can be distributed through state and county distribution
points in time of need. Two of the centers provide specialized resources: the Berryville, Virginia center
maintains computer equipment and electronics for joint field office operations, and the Frederick,
Maryland, center provides emergency medical supplies and equipment. FEMA also includes logistical
planning as part of its national exercise program involving commercial, private, government, volunteer,
and faith-based organizations.
Figure 8-1. Federal Emergency Management Agency logistics centers
8-10. Federal disaster support under emergency support function annex
(ESF)
#5
(Emergency
Management) includes a regional response coordination center and a joint field office. FEMA personnel
coordinate the establishment of site facilities, supplies, and equipment to support federal government
activities but may coordinate with the military for any identified shortfalls. The ongoing integration of the
defense coordinating officer and defense coordinating element with FEMA helps facilitate logistical
coordination during emergencies. When an incident occurs, the defense coordinating officer and the
defense coordinating element coordinate with the resource staff in the joint field office. Each agency
working in the joint field office is responsible for documenting the costs of its own activities and response
efforts. Military forces coordinate with civil authorities and other partners based on the NIMS and the NRF
to achieve unity of effort (see chapter 2). The response to floods in North Dakota in 2009, described on
page 8-4, provides an excellent example of unity of effort in domestic disaster response.
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Chapter 8
Flooding in North Dakota
Severe flooding of the Red River in 2009 led to a response that featured innovative
cooperation between all military forces in the disaster area. Grand Forks Air Force
Base, a Regular Air Force installation located outside the flood plain near Grand
Forks, North Dakota, became the nexus for federal and state response forces. The
North Dakota National Guard provided most of the military forces, with assistance
from federal military forces. Federal military force helicopters and unmanned aerial
system providers used Grand Forks Air Force Base for basing and sustainment. The
North Dakota National Guard used the Air Force emergency preparedness liaison
officer to coordinate for use of the Air Force base for National Guard aircraft. The
Federal Emergency Management Agency used the Air Force base to warehouse
emergency supplies such as cots, food, and water. The National Guard used its
working relationships with the base commander to accommodate all National Guard
response forces, ground and air. During the response operation, when the status of
National Guard aircraft crews transitioned from Title 32 status to state active duty
status, the issue of financial reimbursement surfaced. The North Dakota adjutant
general has since negotiated a memorandum of understanding with the Air Force so
the North Dakota National Guard has a standing agreement for use of the Grand
Forks Air Force Base for any future floods.
DEPLOYMENT OF FORCES
8-11. Deployment and redeployment of military forces to an incident requires planning and preparation
that is similar to that used in deploying and redeploying from operations outside the United States.
However, there are some notable differences. The most important difference is one of infrastructure—the
United States has one of the most developed transportation infrastructures in the world. A robust and
advanced communications network ties the transportation infrastructure together. In fact, in many ways,
the commercial communications architecture exceeds the military’s capability. For the deployment planner,
this means that there are many options. There are also challenges. The most important of these is civilian
control of the transportation system. All military movements using military transportation need
coordination through military channels to civilian agencies such as the Federal Aviation Administration
and state transportation authorities. In addition, movement of equipment and supplies needs to comply with
any applicable federal and state transportation restrictions on oversized and hazardous materials.
Movement to and from a disaster must comply with the same restrictions that apply to movement to and
from a major training event; however, the priority accorded to the movement is much higher.
8-12. Deployment into the area of operations will be administrative in nature. Movement plans will be
coordinated by the gaining headquarters through United States Transportation Command
(USTRANSCOM) and the installation transportation officers for federal military forces. The state or
territorial joint force headquarters will coordinate movement requirements for road movement with state
transportation and highway patrol officials. The National Guard Bureau will also assist the supported and
supporting adjutants general with air movement of additional National Guard units when required.
Deployment of National Guard Forces
8-13. Following an alert order, National Guard forces assemble at their designated marshalling point,
which is normally their unit armory. Unit leaders conduct equipment issue and pre-movement inspections.
As they do this, the joint force headquarters-state coordinates for movement clearance and support through
the state transportation officials for road movements of military convoys, since movement for most
equipment will be by road. Advance parties and liaison elements normally self-deploy in one or two
vehicle elements and draw fuel using state credit cards or state agency facilities coordinated by the joint
force headquarters-state. When required, the joint force headquarters-state directs movement of convoy
support detachments (maintenance, fuel, and possible medical) to support areas coordinated with state
transportation officials.
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20 August 2010
Sustainment—Logistics and Personnel Services
8-14. Reception, staging and onward movement of units normally occurs at a designated location that the
joint force headquarters-state and joint task force-state commanders have selected as the base area for the
support. This may be a National Guard air base, state maintenance facility, or contracted property. As they
reach their assembly areas, unit commanders report their status and coordinate for logistical support and
forward operating bases as required. They then self-deploy into their areas of operations and conduct civil
support operations.
8-15. Air assets normally self-deploy to the area of operations using pre-established procedures managed
by that state’s Air National Guard. All air movement remains under the airspace control authority of the
Federal Aviation Administration. Normally, fixed and rotary wing aircraft will deploy to the nearest Air
National Guard facility; if that lies beyond supportable range, the joint force headquarters-state will
contract for space and facilities at a commercial airport. The third option bases Air and Army Guard
helicopters at a field location contracted through the state or local emergency mangers.
8-16. Emergency management assistance units from other states may move by either ground or air assets.
When moved by Air National Guard assets, the supported state coordinates with the supporting state and
the National Guard Bureau for necessary air movement. The National Guard Bureau coordinates with
USTRANSCOM and the Joint Staff to ensure that Air Guard support to DOD operations continues. When
moving by ground, the providing joint force headquarters-state coordinates with state transportation
officials from the point of departure through any adjoining states until the supporting unit moves into the
supported state, at which time the unit passes to the movement control of the gaining state.
Deployment of Federal Military Forces
8-17. Deployment of federal military assets to the area of operations in the continental United States is
under the direction of the supported combatant commands, either United States Northern Command
(USNORTHCOM) or United States Pacific Command (USPACOM). The combatant command determines
deployment priorities and movement timelines in conjunction with its Service components or joint task
force. USTRANSCOM executes the deployment plan and sources required transportation assets to move
the required force. The joint movement control center coordinates with the state emergency operations
center for necessary road clearances.
8-18. USTRANSCOM schedules movement by military aircraft and contracted commercial aircraft
according to priorities established by the supported combatant commander. The supporting commander,
normally United States Joint Forces Command, provides support to the aerial port of embarkation. Upon
arrival at the aerial port of debarkation, the gaining commander conducts reception, staging, onward
movement, and integration (RSOI) activities necessary to get the unit into the joint operations area.
Competing worldwide strategic lift requirements, particularly during war, may prevent rapid air movement
for the main body. Therefore, planners give priority movement to critical command and control elements
necessary to support RSOI and initial phases of operations.
8-19. Road movement is often the most effective means to move personnel and equipment. Military
convoys are coordinated between the deploying unit's installation and the defense movement coordinators
in states where the convoys originate. A representative from the supporting base support installation's
installation transportation office, in conjunction with a movement control team, coordinates military
movements with a state’s transportation, emergency management, and law enforcement officials.
USTRANSCOM and USNORTHCOM coordinate liaison officers for more complex movements. National
Guard forces coordinate their movements with the joint force headquarters-state and state officials. The
latter serve as the nexus to coordinate with USTRANSCOM and state law enforcement for movements.
Unit staffs coordinate with their parent commands and United States Army North (USARNORTH) for
movement support.
8-20. Managing RSOI in the early stages of a disaster response requires flexible leaders and patience. Prior
planning provides a framework for responding to contingencies but cannot capture all situations.
Commanders need to be flexible and innovative to meet the demands of civil support operations. An
essential component of contingency operations is effective command and control. As soon as possible
following alert, the deploying unit headquarters should deploy an early entry command post to the
designated RSOI location and liaison officers to the gaining headquarters. Liaison personnel should have
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Chapter 8
cell phones, laptops, and unit information. The early entry command post should have tactical
communications as well as commercial communications. The deploying command post reports to the RSOI
commander at the aerial port of debarkation and coordinates for the reception of units.
8-21. During deployment and redeployment planning, units should consider the use of commercial assets
in an effort to minimize overall transportation costs. The servicing installation transportation office in the
area of operations procures the commercial transportation, prepares and issues shipping documentation,
and monitors carrier performance.
NATIONAL GUARD LOGISTICS
8-22. National Guard forces continue to be supported through their state’s military infrastructure. Initially,
support comes from unit armories, but the joint force headquarters-state shifts bulk resupply of military
items to resources maintained at the state level, normally at that state’s military training facilities. The
adjutant general and joint task force commander work through the state emergency manager and state
coordinating officer to establish contracts for bulk consumables, temporary facilities, and commercially
available services such as laundry and sanitation support (portable latrines). The joint task force staff
coordinates with unit commanders, local officials and state contracting representatives to obtain facilities
capable of providing field services or submits a request for forces for Army field service units. For
example, the Army Corps of Engineers may respond to a National Guard request for specialized
engineering equipment.
8-23. Out-of-state National Guard forces receive logistical support from the supported state. Because
different state units may have different equipment, the supporting state headquarters remains prepared to
respond to requests for assistance from the supported state.
FEDERAL MILITARY LOGISTICS
8-24. The primary Army Service component command (ASCC) for civil support is USARNORTH,
providing logistical support within the continental states, Alaska, Puerto Rico and Virgin Islands. Although
United States Army Pacific Command (USARPAC) has operational control of the federal military units
located in Alaska, significant geographical barriers that have led to the implementation of Joint Task
Force-Alaska. Joint Task Force-Alaska supports civil support operations within Alaska and is a
subordinate command of United States Northern Command (USNORTHCOM).
8-25. USARNORTH makes extensive use of DOD and federal government capabilities to sustain deployed
Army forces. As the ASCC, USARNORTH supports all deployed federal Army forces and provides
common user logistics to other federal military forces as directed by the combatant commander.
USARNORTH works with the deployed joint task force and the defense coordinating officer to coordinate
for FEMA support, usually through a series of federally negotiated contracts. The keys to success are
flexibility and coordination between logisticians from each Service element. Logisticians must keep in
mind not only mission accomplishment, but also good stewardship of taxpayer dollars when determining
the most effective and efficient method of support. USARNORTH coordinates with the Army staff, Army
commands, and direct reporting units for Service-specific logistical support. Figure 8-2 shows and example
of the sustainment structure USARNORTH may use to support a large incident.
8-26. The primary means for providing support at the ASCC level is a dedicated theater sustainment
command. The theater sustainment command serves as the senior logistics command in the joint operations
area. This support may include:
z
Establishment of lines of communication
z
Joint RSOI and integration of deploying forces as required
z
Transportation and movement control of military and displaced civilian personnel, equipment,
and supplies
z
Distribution sources for water, food, ice, and other classes of supply
z
Establishment of temporary shelter.
z
Managing staging and throughput.
8-6
FM 3-28
20 August 2010
Sustainment—Logistics and Personnel Services
z
Managing fuel support and distribution.
z
Managing medical and veterinary support.
z
Managing rotary and ground ambulance support.
z
Mortuary affairs, explosive ordnance disposal.
z
Vertical and horizontal engineering support.
z
Military police support.
8-27. One of the most important functions of the ASCC is coordination with the Army commands and
direct reporting units that lie outside the combatant commander’s control. The ASCC provides the direct
linkage to Department of the Army capabilities. For example, the ASCC coordinates with United States
Army Installation Management Command for support provided by Army installations. Other support is
coordinated through United States Army Materiel Command for distribution directly from strategic stocks
to deployed Army forces.
8-28. Not all civil support operations involve large forces. The ASCC monitors the sustainment of small
detachments providing civil support. The defense coordinating officer exercise tactical control of a small
detachment deployed to an incident site, and will normally coordinate for any logistics, human resources
support, and medical support that is not available from the parent installation or through the primary
agency. While the situation may vary, the ASCC manages sustainment for company-sized formations and
larger (approximately 250 personnel or more).
Figure 8-2. USARNORTH sustainment structure
Strategic and National Providers
8-29. Several organizations assist in sustainment activities. When requested, they can provide a liaison
officer or team to provide support to the deployed joint task force. Some of the providers are Defense
Logistics Agency, United States Army Materiel Command, USTRANSCOM, and Army and Air Force
Exchange Service. Additionally, USARNORTH has a habitual relationship with 20th Support Group for
explosive ordnance disposal and dog teams,
412th Contracting Support Brigade for contingency
contracting teams, and 3rd Human Resources Command for personnel services. The Defense Contracting
Agency and General Services Administration also provide support.
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8-7
Chapter 8
Phased Sustainment for Catastrophic Incident Response
8-30. USARNORTH plans for sustainment in Phase 0 and provides sustainment in the next five phases.
Phase I involves coordinating and preparing for efficient flow of USARNORTH forces and materiel. Phase
II includes establishment of logistic operations. Phase III involves the deployment of USARNORTH forces
and materiel. Phase IV involves on-the-ground sustainment operations. Phase V involves transition of
sustainment operations to appropriate local, state, and federal organizations.
8-31. During Phase I, the theater sustainment command and its expeditionary sustainment commands plan
and prepare for RSOI of deploying federal military forces. During the initial phases of any response, the
defense coordinating officer estimates the required capabilities, and USARNORTH assesses the
sustainment needed. A USNORTHCOM assessment team may help assess federal government and DOD
sustainment requirements. Phase I actions are—
z
Gather information.
z
Assess logistical support requirements.
z
Assess required logistical capabilities.
z
Identify unit capabilities required to support ground forces.
8-32. Phase II includes preparation for deploying sustainment for command and control elements that can
open the theater for federal military assets. The joint force land component commander, in coordination
with the federal coordinating officer, prioritizes essential units and equipment required to support of life
saving operations. Phase II actions are—
z
Plan and prepare for operation of distribution networks, base support installations, and support
of displaced civilian centers. (State National Guard units prepare based on guidance from their
state chain of command, while Regular Army units respond to mission assignments.)
z
Plan and prepare to support sustainment of decontamination operations in support of a chemical,
biological, radiological, nuclear, or high-yield explosives incident.
z
Augment logistical command and control capability based upon mission analysis.
z
Establish joint RSOI command and control, facilities, and procedures.
z
Monitor force readiness of units.
z
Conduct health service review.
z
Review and adjust existing support contracts.
z
Coordinate with the state to identify key distribution nodes in the affected region and alternate
logistic routes.
z
Identify status of key distribution nodes in the affected region; identify alternate logistic routes.
z
Develop options for providing sustainment support to active component forces
z
Coordinate sustainment actions with state National Guard forces, FEMA, General Services
Administration, and other organizations to help optimize sustainment operations.
8-33. Phase III involves continuous support to deployed forces. During this phase, USARNORTH, serving
in its roles as the joint force land component command and the ASCC, ensures that logistical support is as
efficient as possible. When authorized by the Secretary of Defense and the adjutant general of the state,
joint task force commanders of Service components develop common user logistics agreements and
accounting procedures. In this phase, USARNORTH may also support ESFs as determined by the mission
assignment process. Phase III actions are—
z
Manage sustainment, establish and maintain a distribution network, manage the base installation
sustainment as directed in mission assignments.
z
Support decontamination operations.
z
Conduct joint RSOI.
z
Support force protection requirements of federal military
(Title10) forces as required and
authorized.
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FM 3-28
20 August 2010
Sustainment—Logistics and Personnel Services
z
Support force readiness.
z
Plan and execute force rotation due to exposure to chemical, biological, radiological, nuclear, or
high-yield explosives elements.
8-34. Phase IV encompasses preparation and planning for transition to civilian support throughout the
joint operations area. This requires assessment at the joint field office of logistical support requirements for
the deployed forces and continuing support needed for the civilian agencies once military assets redeploy.
Phase IV actions are—
z
Initiate logistical planning for redeployment and reset requirements.
z
Manage sustainment operations, distribution networks, and support installations in preparation
to return to civilian control.
z
Remove debris.
z
Decontaminate personnel and equipment.
z
Distribute fuel.
z
Coordinate, as required, actions for procurement, production, and distribution of water.
z
Support dislocated civilian operations.
z
Prepare for force redeployment.
8-35. Phase V involves a staged execution of sustainment to appropriate local, state, federal, or civilian
organizations. USARNORTH does this in close coordination with the unified coordination group and
specific ESF managers. When the mission nears completion, sustainment units continue to support other
units awaiting redeployment. Military support is not curtailed before civil authorities assume the functions.
Transportation is arranged through the appropriate movement control organization in accordance with
established priorities.
Base Support Installation Selection
8-36. A crucial early decision is selection of the base support installation. Base support installation
selection is a seven step process that follows guidance in DOD Publication 3025.1-M and the Chairman of
the Joint Chiefs of Staff standing execute order for DSCA (referred to as the CJCS DSCA EXORD).
Support provided by the designated base support installation may include, but is not limited to, general
supply and maintenance, transportation, contracting, communications, personnel and equipment reception
and staging, facilities, civil engineering, health, and other life support services such as billeting, food
service, and force protection. The preferred location for the base support installation is at a DOD
installation with these capabilities:
z
Proximity to the incident site (less than 100 miles).
z
Proximity to a major airfield that is suitable for use as an aerial port of debarkation.
z
Life support services.
z
Open and covered areas for staging of supplies and equipment.
z
Adequate transportation infrastructure to and from incident site.
z
Communications infrastructure sufficient to meet the surge of forces arriving in the area.
8-37. If a designated base support installation is a major installation within a reasonable travel time from
the incident area, then that installation will augment joint task force common user support to all responding
forces to the greatest extent possible. This will enable the responding joint task force to focus on the civil
support mission. The installation staff should be able to assume responsibility for the majority of the joint
reception and staging mission. As the ASCC, USARNORTH coordinates for Army-specific support
through the base support installation.
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8-9
Chapter 8
8-38. Figure 8-3, page 8-10, illustrates the base support installation selection process for DSCA missions.
Base support installation selection is a seven-step sequence that ensures selection of the best possible
location. The seven steps are—
z
Data collection and coordination.
z
Data reporting.
z
Evaluation.
z
Incident response.
z
Base support installation nomination.
z
Base support installation designation.
z
Base support installation build-up and sustainment.
Data Collection and Coordination
8-39. The regional defense coordinating officer is the primary contact with installations near the affected
area. Along with the defense coordinating element, state emergency preparedness liaison officer, and
possibly a base support installation reconnaissance team from USARNORTH, the defense coordinating
officer collects data on installation capabilities.
Data Reporting
8-40. USARNORTH provides installation commanders with its handbook for base support installations,
along with the USNORTHCOM base support installation selection criteria. The data collected is reported
to USARNORTH, consolidated, and sent to USNORTHCOM. General capabilities and shortfalls of
potential base support installations are identified.
Evaluation
8-41. Potential base support installations are evaluated on their ability to provide the needed support.
(Paragraph 8-36 lists general requirements.) Each situation is different; therefore, evaluation criteria are
specific to the operation.
Incident Response
8-42. After the commander of USNORTHCOM designates the joint operations area, dialogue between
USARNORTH staff, defense coordinating officer, United States Army Installation Management
Command, and prospective base support installation locations will start to determine the exact nature of the
capabilities that will be required or requested.
Base Support Installation Nomination
8-43. USARNORTH considers input from United States Army Installation Management Command,
regional defense coordinating officer, and installation staff prior to submitting base support installation
nomination to USNORTHCOM.
Base Support Installation Designation
8-44. For homeland defense missions, the Secretary of Defense designates primary and alternate base
support installations. In DSCA operations, the USNORTHCOM commander can designate base support
installations after conferring with and reaching an agreement with the owning Service component. If an
agreement cannot be reached, the Secretary of Defense makes the final decision.
Base Support Installation Build-Up And Sustainment
8-45. When base support installation selection is approved, United States Army Installation Management
Command informs USARNORTH of the specific installation capabilities and shortfalls. This allows the
USARNORTH staff to submit a request for forces to augment the base support installation as needed.
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FM 3-28
20 August 2010
Sustainment—Logistics and Personnel Services
Figure 8-3. Illustration of base support installation selection
8-46. Depending on the location of a catastrophic incident, no major DOD installation may be close
enough to support the operation. In these instances, the joint task force completes an estimate of the
requirements and requests contract support or submits requests for forces to mitigate logistic capability
shortfalls. In some cases, the Secretary of Defense may authorize USNORTHCOM to coordinate use of a
state National Guard installation either as the base support installation or as a forward operating base.
Commander, USNORTHCOM can designate base support installation(s) after conferring with and reaching
an agreement with the owning Service component.
LOGISTICS CONSIDERATIONS FOR CIVIL SUPPORT OPERATIONS
8-47. There are several unique aspects to logistical support during domestic operations. By understanding
these differences and applying initiative, logisticians can provide effective and efficient support to not only
Soldiers, but also supported civilian organizations. Major advantages of domestic operations include—
z
Rapid and reliable commercial transportation.
z
A robust communications grid.
z
Professional contracted support for most logistical requirements.
z
Minimal language barriers.
z
Honest public officials.
z
A supportive civilian population.
z
Straightforward access to national military support organizations (such as Defense Logistics
Agency) and installations, including home stations.
z
Readily available potable water and safe food (from outside a disaster area).
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8-11
Chapter 8
8-48. A major difference between foreign and domestic operations is the legal requirements concerning
movement, handling, and storage of hazardous materials, including fuel, ammunition, and many other
seemingly mundane support items. Commanders must consider environmental requirements; state and
national environmental laws and regulations apply to all DSCA operations. Local installation transportation
officers and movement control team personnel can also provide specific guidance on what may be required
for military drivers to haul hazardous cargo. The Environmental Protection Agency and other agencies can
provide guidance when requested. Additionally, commanders should also consider any specific
environmental concerns for their particular operating area and noise abatement requirements for any space
they occupy.
8-49. Fuel is readily available throughout the United States, barring temporary disruption of a power grid.
However, it is not military grade JP-8. Tactical vehicles will require military refueling support, or a
command waiver to use commercially available diesel fuel with attendant maintenance requirement upon
redeployment. Military aircraft can normally obtain fuel from commercial or military airfields. Defense
Logistics Agency representative can coordinate with the Defense Energy Supply Center. The Defense
Energy Supply Center coordinates for direct bulk fuel delivery for ground or aviation operations to base
support installations or airfields. Units should plan to deploy with sufficient tankers to support their tactical
vehicles and coordinate with the joint task force for continued support. Any refueling operations must
comply with environmental restrictions, and noncommissioned officers must emphasis safe handling and
cleanup procedures.
8-50. Rental equipment and vehicles are quickly depleted near a disaster area. If the mission depends upon
additional commercial equipment, units should be prepared to obtain it through providers well outside the
disaster area.
8-51. Units should prepare to deploy items and personnel capable of executing a field arms room. The
decision to deploy with weapons rests with the Secretary of Defense for federal military forces and with
the adjutant general for National Guard forces. Unfortunately, many civil support operations involve
aspects of law enforcement and infrastructure protection that may require arming some Soldiers.
Depending on proximity to home station or armory, forces plan to establish a field arms room for at least
some of the deploying units.
8-52. Sustainment officers should work closely with the joint task force to obtain adequate bath and
laundry support for the force. One of the lessons of Hurricane Katrina is that bath and laundry is not just a
morale booster—it is a critical force protection measure. For planning purposes, sustainment officers
should contract or deploy sufficient resources to allow Soldiers to have a clean uniform and shower daily.
Medical, food service, and mortuary affairs personnel receive priority for showers and laundry.
Commanders should ensure that their Soldiers involved in disaster response have ready access to
replacement uniforms or separate work clothing. Hurricane Katrina and other disasters demonstrated that
expensive uniforms needed replacement after exposure to filthy water, contaminates, and jagged debris.
CONTRACTING
8-53. Operational contract support can be an effective and efficient method of rapidly augmenting organic
military support capabilities in civil support actions if properly planned and executed. Contracted support
can be especially viable as a source of base support installation augmentation support. Contracted support
in civil support operations may include all classes of supply, labor, mortuary affairs, laundry, showers,
food service, sanitation, billeting, transportation, maintenance and repair, access to communications
networks, temporary real property leasing, and construction. In addition, while lessons learned from recent
major DSCA operations clearly indicate contracting of supplies and services was an important source of
support for these operations, there are some key limiting factors that must be kept in mind when planning
for these types of operations. These limiting factors include:
z
Limited pre-planning opportunities.
z
Very short time requirement.
z
Very limited availability of commercial supplies and services within or near the joint operational
area.
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FM 3-28
20 August 2010
Sustainment—Logistics and Personnel Services
z
Numerous federal, state and local agencies competing for locally available commercial
capabilities.
z
Low priority to the military for any locally available commercial support.
8-54. In most DSCA missions, the Army will be the lead Service responsible to plan and execute contract
support to the joint force. In these operations, the ASCC uses its aligned contracting support brigade to
perform this task. This United States Army Materiel Command unit has unique capabilities to plan for and
integrate contract support. A related contracting support brigade mission is to ensure any needed expansion
of existing contracts or development of new contracts does not adversely impact other federal, state, or
local responder contracting efforts. At the tactical level, the contracting support brigade's contracting
battalions and teams, taking advantage of organic base support installation contracting support capabilities,
award contracts, provide contract oversight, and assist in the overall integration of contract support effort.
Additionally, the Army may also utilize the United States Army Material Command’s logistic civil
augmentation program and the United States Army Corps of Engineers contract support capabilities as
necessary.
8-55. Commanders should understand DOD is not normally the lead contracting authority in DSCA
missions. In most of these operations, FEMA leads the contract coordination effort between state agencies,
local agencies, National Guard forces operating under Title 32 authority, and federal military forces. This
centralized coordination effort is essential since numerous contracting agencies will be competing for the
same locally available resources. Additionally, in DSCA operations, priority of commercial support will
normally be to local emergency services (such as hospitals and fire and police services), displaced
civilians, and support of deployed military forces, respectively. Because of this lower priority of support
and the often short-term nature of DSCA missions, Army forces operating inside a disaster area must be
prepared to deploy with their full modified table of organization and equipment sustainment capabilities
and to live in field conditions. Deployed Army forces also must be prepared to provide sufficient trained
contracting officer representatives with the required subject matter expertise to assist in contract oversight.
8-56. The key to successful contracting actions is operational contract support planning, requirements
development, and adequate contracting capabilities to support the force. Failure to accomplish these critical
tasks may lead to costly delays of materiel and services during civil support operations. Supported units
must also be prepared to assist in contract oversight through the nomination of qualified contracting officer
representatives and receiving officials as required by the responsible contracting officer.
NEGOTIATED SUPPORT
8-57. In some cases, civil agencies and organizations may have enough logistical resources to support not
only themselves but also supporting Army forces. Such support is negotiated on a case-by-case basis with
the appropriate civil authorities. Memorandums of agreement are established before an operation to reduce
time of negotiation.
SUPPORT FROM OTHER ORGANIZATIONS
8-58. General Services Administration provides common general supplies and services to organizations of
the federal government. General Services Administration may support DOD through its procurement and
leasing service capability for supplies, office supplies and furniture, real property, service contracts,
transportation, machine and hand tools, photo supplies, various types of batteries, and numerous other
items. Commanders use the normal procurement process. However, military forces should not expect to be
supported from other agencies providing assistance during DSCA operations.
8-59. The Defense Logistics Agency provides common user logistics and services used by the military
when conducting civil support operations. Normally the classes of supply may consist of class I
(subsistence, bottled water, etc.), class II (clothing, textiles, tents, etc), class III (packaged and bulk fuel),
class IV (construction and barrier material), class VIII medical, dental and veterinary supplies, equipment
and blood products, and class IX (spare parts). Services may include storage, distribution, disposal,
document automation, and printing production. Normally, a Defense Logistics Agency response team co-
locates with various logistical headquarters to coordinate supply and fuel support. Defense Logistics
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8-13
Chapter 8
Agency distribution depots are located strategically throughout the continental United States along major
distribution networks to quickly launch needed supplies to its customers.
RESOURCE MANAGEMENT
8-60. Federal military forces provide civil support on a reimbursable basis unless directed otherwise by the
President. Cost reimbursement for civil support is usually in accordance with the Economy Act, which
mandates cost reimbursement by the federal agency requesting support (see chapter 7). However, when the
President declares a disaster or emergency, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act sets the guidelines for reimbursements to federal agencies and states from federal funds set
aside to support these missions.
8-61. When possible, resource management analysis precedes key operational decisions and actions. Army
financial managers must seek early guidance regarding reimbursement from published orders, published
guidance from Headquarters, Department of the Army, the USARNORTH reimbursement cell, or the
USNORTHCOM financial management augmentation team. These sources provide guidance on the
reimbursable process, specific accounting codes that have been established and allocation of reimbursable
authority from funding received from other federal agencies.
REIMBURSABLE ACTIVITIES
8-62. In most cases, state, local, and federal agencies reimburse federal military forces for the costs of civil
support missions. The reimbursement process requires the DOD components to capture and report total and
incremental costs in accordance with applicable DOD financial management regulations. Supported
agencies also maintain records of support received from military forces. To distinguish these costs from
those related to training or normal operating expenses, resource managers must maintain accountability
throughout an operation for equipment and material costs associated with operational support.
Organizational record-keeping needed to support cost-capturing must begin at the start of the operation and
extend to the lowest functional level.
8-63. Commanders must work closely with their financial management staff to ensure all reimbursable
activities are documented and accounted for properly. Under current policy, DOD components shall not
procure or maintain any supplies, materiel, or equipment exclusively for providing civil support, unless
otherwise directed by the Secretary of Defense. Costs generally considered eligible for reimbursement
are—
z
Pay for personnel specifically hired for disaster response support.
z
Regular pay and allowances for Economy Act Orders only—military and civilian.
z
Overtime.
z
Travel and per diem.
z
Cost of consumables (such as fuel, rations) requisitioned to support disaster operations.
z
Transportation of personnel, supplies, and equipment.
z
Cost to pack and crate supplies and equipment lost, destroyed, or damaged as a result of civil
support operations (except aircraft, motor vehicles, and water craft).
z
Cost of aircraft flight hours.
z
Cost of port (air, ocean, inland-waterway) loading, off-loading, and handling.
z
Cost to repair or recondition non-consumable items returned (allocated according to percentage
of repair costs attributable to the support provided).
z
Replacement costs of supplies and equipment furnished and not returned.
z
Cost of parts used to repair end-items used in disaster relief
(excluding depot or field
maintenance on a time compliance basis).
8-64. Additional guidance in this area for federal military forces can be found in DOD Publication
7000.14-R. A second source of additional federal military information is JP 1-06.
8-14
FM 3-28
20 August 2010
Sustainment—Logistics and Personnel Services
NONREIMBURSABLE ACTIVITIES
8-65. Expenses not considered reimbursable in the context of civil support operations are—
z
Generally, regular pay and allowances of military and civilian personnel (when not under
Economy Act orders), except United States Army Corps of Engineers.
z
Charges for use of military vehicles and watercraft.
z
Aircraft, vehicles, or watercraft damaged, lost, destroyed, or abandoned.
z
Administrative overhead.
z
Annual and sick leave, retirement, and other benefits.
z
Cost of telephone, telegram, or other transmissions used to requisition items in a disaster area to
replenish depot stocks.
PLANNING GUIDANCE FOR ACCOUNTING PROCEDURES
8-66. Accounting codes, for use in accumulating costs, are requested at the onset of a disaster relief effort.
The key is to maintain accounting records and monitor expenses. All organizations supporting
operations—such as United States Army Materiel Command, theater sustainment command elements,
sustainment brigades, or medical brigades—that receive, store, issue, and account for DOD material ensure
complete accountability of all supplies. Commanders and staff integrate financial management into all
phases of the operation. Early involvement is essential for advice and review procedures. Responsive
financial management calls for detailed planning procedures to account for the expenditure of all resources
supporting sustainment for a civil support operation with the expectation of being audited. By requesting
early on-site involvement and advice from external functional experts, such as the Army Audit Agency and
General Accounting Office, resource managers can head off major accounting problems that may occur
later in the operation. Specific financial guidance and point-of-contact information is included in operation
orders, execute orders, and deployment orders published by USNORTHCOM, USARNORTH and Service
command channels.
CRITICAL SERVICES DURING CIVIL SUPPORT OPERATIONS
8-67. The supported state and federal coordinating officers identify certain critical sustainment functions to
reduce loss of life, limb and property, and to meet basic logistic requirements. These critical services
include mortuary affairs, establishment of temporary facilities and relief supplies. Commanders providing
these capabilities should:
z
Tailor the package for the mission.
z
Contract for support and services early.
z
Use local resources when possible.
Mortuary Affairs
8-68. Disasters may create high casualty rates that initially overwhelm civilian facilities. When requested,
Army mortuary affairs units can provide assistance. Army mortuary affairs units normally provide
collection point, transport to designated storage area, and identification services in support of civil
authority. Ensure there is link-up between mortuary affairs and local morgues, medical facilities, funeral
parlors and ensure cultural considerations are considered during operations. Chapter 2 of JP 4-06 outlines
additional information for mortuary affairs for DSCA. Chapter 9 provides additional discussion on the
handling of human and animal remains.
8-69. The local, territorial, tribal, or state medical examiner or coroner normally maintains jurisdiction
over fatalities, and military forces support that official when authorized. Within the United States, the civil
jurisdiction has authority to order and perform an investigation, including an autopsy or an appropriate
examination of human remains. This local authority can waive jurisdiction to the military or request an
Armed Forces medical examiner. This is a sensitive topic and requires analysis and legal advice on case-
by-case basis.
20 August 2010
FM 3-28
8-15
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