DODD 3025.18(D) CE-02

scope:

PURPOSE.

This Directive:

a. Establishes policy and assigns responsibilities for DSCA.

b. Incorporates and cancels DoD Directive (DoDD) 3025.1 and DoDD 3025.15 (References (a) and (b)).

c. Provides guidance for implementing the regulations (in DoD Instruction (DoDI) 3025.21 (Reference (c))) required by section 275 of title 10, United States Code (U.S.C.), (Reference (d)) regarding military support of civilian law enforcement.

d. Provides guidance for the execution and oversight of DSCA when requested by civil authorities or by qualifying entities and approved by the appropriate DoD official, or as directed by the President, within the United States, including the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States or any political subdivision thereof.

e. Authorizes immediate response authority for providing DSCA, when requested.

f. Authorizes emergency authority for the use of military force, under dire circumstances, as described in paragraph 4.k. above the signature of this Directive.

g. Incorporates the Deputy Secretary of Defense Memorandum (Reference (e)), which is hereby cancelled.

APPLICABILITY.

This Directive

a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the "DoD Components").

b. Applies to the Army National Guard and the Air National Guard (hereafter referred to collectively as the "National Guard") personnel when under Federal command and control. Also applies to National Guard personnel when the Secretary of Defense determines that it is appropriate to employ National Guard personnel in title 32, U.S.C. (Reference (f)), status to fulfill a request for DSCA, the Secretary of Defense requests the concurrence of the Governors of the affected States, and those Governors concur in the employment of National Guard personnel in such a status.

c. Applies to all DSCA (except the specific forms of DSCA listed in paragraph 2.d. of this section), including but not limited to:

(1) Mutual or automatic aid, also known as reciprocal fire protection agreements (see chapter 15A of title 42, U.S.C. (Reference (g))).

(2) DoD fire and emergency services programs (see DoDI 6055.06 (Reference (h))).

(3) Support of special events in accordance with applicable laws and DoD policy (see DoDI 3025.20 (Reference (i))).

(4) United States Army Corps of Engineers (USACE) activities as the DoD Coordinating and Primary Agency for Emergency Support Function #3, Public Works and Engineering, of the National Response Framework (Reference (j)).

(5) Defense support to civilian law enforcement agencies (see Reference (c)).

d. Does NOT apply to the following:

(1) Support in response to foreign disasters provided in accordance with DoDD 5100.46 (Reference (k)).

(2) Joint investigations conducted by the Inspector General of the Department of Defense, the Defense Criminal Investigative Service, and the military criminal investigative organizations with civil law enforcement agencies on matters within their respective jurisdictions using their own forces and equipment.

(3) Detail of DoD personnel to duty outside the Department of Defense in accordance with DoDI 1000.17 (Reference (l)).

(4) Counternarcotics operations conducted under the authority of section 284 of Reference (d).

(5) Support provided by the USACE when accomplishing missions and responsibilities under the authority of section 701n of title 33, U.S.C. (Reference (m)) and Executive Order 12656 (Reference (n)).

(6) Assistance provided by DoD intelligence and counterintelligence components in accordance with DoDD 5240.01 (Reference (o)), Executive Orders 12333 and 13388 (References (p) and (q)), DoD 5240.1-R (Reference (r)), DoD Manual 5240.01 (Reference (s)), and other applicable laws and regulations.

(7) Military community relations programs and activities administered by the Assistant to the Secretary of Defense for Public Affairs (see DoDD 5410.18 and DoDI 5410.19 (References (t) and (u))).

(8) Sensitive support in accordance with DoDD S-5210.36 (Reference (v)).

(9) Activities performed by the Civil Air Patrol in support of civil authorities or qualifying entities when approved by the Air Force as auxiliary missions in accordance with section 9442 of Reference (d) and Volume 1 of DoD Manual 3025.01 (Reference (w)) except as restricted by paragraph 4.l. above the signature of this Directive.

(10) Innovative readiness training (formerly called "civil-military cooperative action programs") (see DoDD 1100.20 (Reference (x))).