# Domestic Operational Law (Doplaw) Handbook For Judge Advocates Volume Ii Appendices 2006

## Center For Law And Military Operations


## Table Of Contents Appendix 1 Introduction ........1 Appendix 2 Military Support To Civilian Authorities ........3

APPENDIX 2-1: 18 U.S.C.  1385 - THE POSSE COMITATUS ACT (PCA)........3
APPENDIX 2-2: 10 U.S.C.  371-382 - STATUTORY IMPLEMENTATION OF THE PCA & MILITARY SUPPORT
TO CIVILIAN LAW ENFORCEMENT AGENCIES........3
APPENDIX 2-3: DODD 5525.5 - DOD COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS ......8 APPENDIX 2-4: DODD 3025.12 - MILITARY ASSISTANCE FOR CIVIL DISTURBANCES........24
APPENDIX 2-5: DODD 5240.1 - ACTIVITIES OF DOD INTELLIGENCE COMPONENTS THAT AFFECT U.S.
PERSONS........37
APPENDIX 2-6: DODD 5200.27 - ACQUISITION OF INFORMATION CONCERNING PERSONS AND
ORGANIZATIONS NOT AFFILIATED WITH THE DEPARTMENT OF DEFENSE ........40
APPENDIX 2-7: DOD 5240.1-R - PROCEDURES GOVERNING THE ACTIVITIES OF DOD INTELLIGENCE
COMPONENTS THAT AFFECT U.S. PERSONS ........44 APPENDIX 2-8: AR 500-51 - SUPPORT TO CIVILIAN LAW ENFORCEMENT ........114
APPENDIX 2-9: SECNAVINST 5820.7B - COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS
........125
APPENDIX 2-10: AFI 10-801 - ASSISTANCE TO CIVILIAN LAW ENFORCEMENT AGENCIES........140 APPENDIX 2-11: SUPPORT TO DOJ ........151

## Appendix 3 Counterdrug Operations ........155

APPENDIX 3-1: 18 U.S.C.  1385 - THE POSSE COMITATUS ACT (PCA)........155
APPENDIX 3-2: 10 U.S.C.  371-381 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
........155
APPENDIX 3-3: 10 U.S.C.  379 - COAST GUARD LAW ENFORCEMENT DETACHMENTS........155 APPENDIX 3-4: 14 U.S.C.  89 - LAW ENFORCEMENT (COAST GUARD) ........155 APPENDIX 3-5: 32 U.S.C.  112 - NATIONAL GUARD FUNDING........156
APPENDIX 3-6: NATIONAL DEFENSE AUTHORIZATION ACT OF 1991, PUB. L. NO. 101-510, 1004 (1991)
(AS AMENDED)........158 APPENDIX 3-7: CJCSI 3121.01A - STANDING RULES OF ENGAGEMENT FOR US FORCES (U) ........160
APPENDIX 3-8: CJCSI 3121.02 - RULES ON THE USE OF FORCE BY DOD PERSONNEL PROVIDING SUPPORT
TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTERDRUG OPERATIONS IN THE UNITED STATES161
APPENDIX 3-9: CJCSI 3710.01 - DELEGATION OF AUTHORITY FOR APPROVING OPERATIONAL SUPPORT
TO DRUG LAW ENFORCEMENT AGENCIES AND COUNTERDRUG-RELATED DEPLOYMENT OF DOD
PERSONNEL ........175 APPENDIX 3-10: NGR 500-2/ANGI 10-801 - NATIONAL GUARD COUNTERDRUG SUPPORT ........207
APPENDIX 3-11: MEMORANDUM, DEPUTY SECRETARY OF DEFENSE, SUBJECT: DEPARTMENT OF DEFENSE
COUNTERNARCOTICS POLICY (31 JUL 2002)........244
APPENDIX 3-12: CALIFORNIA NATIONL GUARD COUNTERDRUG TASK FORCE STANDING RULES OF
ENGAGEMENT ........248 APPENDIX 3-13: JP 3-07.4, APPENDIX E, LEDETS........250 APPENDIX 3-14: SAMPLE LEDET MOA ........252

## Appendix 4 Military Assistance For Civilian Authorities ........261

APPENDIX 4-1: 10 U.S.C.  331-335 - THE INSURRECTION ACT........261 APPENDIX 4-2: 10 U.S.C.  2667 - LEASES:  NON-EXCESS PROPERTY OF MILITARY DEPARTMENTS ......263 APPENDIX 4-3: 18 U.S.C.  231 - CIVIL DISORDERS........270 APPENDIX 4-4: 18 U.S.C.  1382 - ENTERING MILITARY, NAVAL, OR COAST GUARD PROPERTY........271

APPENDIX 4-5: 18 U.S.C.  1385 - THE POSSE COMITATUS ACT (PCA)........ 271 APPENDIX 4-6: 28 U.S.C.  1346, 2671-2680 - FEDERAL TORT CLAIMS ACT........ 271 APPENDIX 4-7: 31 U.S.C.  1535 - AGENCY AGREEMENTS........ 280 APPENDIX 4-8: DODD 3025.12 - MILITARY ASSISTANCE FOR CIVIL DISTURBANCES........ 281
APPENDIX 4-9: DODD 3025.15 - MILITARY ASSISTANCE TO CIVIL AUTHORITIES........ 281 APPENDIX 4-10: DODD 5525.5 - DOD COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS 291
APPENDIX 4-11: EXECUTIVE ORDER 12656 - ASSIGNMENT OF EMERGENCY PREPAREDNESS
RESPONSIBILITIES........ 291
APPENDIX 4-12: ASD MEMO-25MAR2003, IMPLEMENTATION GUIDANCE REGARDING THE OFFICE OF THE
ASSISTANT SECRETARY OF DEFENSE FOR HOMELAND DEFENSE........ 310 APPENDIX 4-13: AR 500-50 - CIVIL DISTURBANCES ........ 310
APPENDIX 4-14: TABLE 2-1 AND 2-2, AR 700-131 - LOAN, LEASE AND DONATION OF ARMY MATERIEL
........ 333
APPENDIX 4-15: NGR 500-1/ANGI 10-8101 - MILITARY SUPPORT TO CIVIL AUTHORITIES........ 343 APPENDIX 4-16: FM 19-15 - CIVIL DISTURBANCES........ 367
APPENDIX 4-17: FM 100-19/FMF 7-10 - DOMESTIC SUPPORT OPERATIONS........ 367 APPENDIX 4-18: DEPARTMENT OF DEFENSE CIVIL DISTURBANCE PLAN (GARDEN PLOT) ........ 368
APPENDIX 4-19: DA PAM 27-162, TABLE 2-1, CLAIMS OFFICESCONUS ACTIVE ARMY AREAS ....... 517
APPENDIX 5 NATIONAL PLAN FOR CONSEQUENCE MANAGEMENT ........ 527
APPENDIX 5-1: EXECUTIVE ORDER 12241........ 527 APPENDIX 5-2: EXECUTIVE ORDER 12472........ 527 APPENDIX 5-3: EXECUTIVE ORDER 12580........ 529 APPENDIX 5-4: EXECUTIVE ORDER 12657........ 534 APPENDIX 5-5: EXECUTIVE ORDER 13286........ 537 APPENDIX 5-6: EXECUTIVE ORDER 12777........ 549 APPENDIX 5-7: PDD 39 ........ 554 APPENDIX 5-8: PDD 62 ........ 556 APPENDIX 5-9: PDD 63 ........ 557 APPENDIX 5-10: HSPD-5 ........ 558 APPENDIX 5-11: 42 U.S.C. 5121, *ET SEQ*., (THE STAFFORD ACT )........ 562 APPENDIX 5-12: 42 U.S.C. 9605 (NATIONAL CONTINGENCY PLAN)........ 563 APPENDIX 5-13: 50 U.S.C. 2061, *ET SEQ* (THE DEFENSE PRODUCTION ACT OF 1950)........ 567 APPENDIX 5-14:. PUB. L. 107-296 (ESTABLISH THE DEPARTMENT OF HOMELAND SECURITY) ........ 567 APPENDIX 5-15: 3025.1, MILITARY SUPPORT TO CIVIL AUTHORITIES........ 568 APPENDIX 5-16: 3025.1-M, MANUAL FOR CIVIL EMERGENCIES........ 584 APPENDIX 5-17: FEDERAL RESPONSE PLAN........ 585 APPENDIX 5-18: NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN ...... 585 APPENDIX 5-19: FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN ........ 592
APPENDIX 5-20: UNITED STATES GOVERNMENT INTERAGENCY DOMESTIC TERRORISM CONCEPT OF
OPERATIONS PLAN ........ 592 APPENDIX 5-21: DRAFT INITIAL NATIONAL RESPONSE PLAN........ 636 APPENDIX 5-22: INITIAL NATIONAL RESPONSE PLAN........ 636 APPENDIX 5-23: NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) ........ 636 APPENDIX 5-23: NATIONAL RESPONSE PLAN (NRP)........ 637
APPENDIX 6 DOD RESPONSE FOR CONSEQUENCE MANAGEMENT........ 747
APPENDIX 6-1: UNIFIED COMMAND PLAN 02 ........ 747
APPENDIX 6-2: CJCS CONPLAN 0500-98, MILITARY ASSISTANCE TO DOMESTIC CONSEQUENCE MANAGEMENT OPERATIONS IN RESPONSE TO A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, OR
HIGH-YIELD EXPLOSIVE SITUATION (U) ........ 747
APPENDIX 6-3: DEPARTMENT OF DEFENSE DIRECTIVE 3025.1, MILITARY SUPPORT TO CIVIL AUTHORITIES
........ 747
APPENDIX 6-4: DEPARTMENT OF DEFENSE DIRECTIVE 3025.15, MILITARY ASSISTANCE TO CIVILIAN
AUTHORITIES........ 747

APPENDIX 6-5: CJCSI 3110.16, MILITARY CAPABILITIES, ASSETS AND UNITS FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH YIELD EXPLOSIVE CONSEQUENCE MANAGEMENT
OPERATIONS........747
APPENDIX 6-6: JOINT PUBLICATION 3-26,  JOINT DOCTRINE FOR HOMELAND SECURITY (FINAL
COORDINATION DRAFT, 26 MAR 04)........747

## Appendix 7 Military Support To Special Events ........749

APPENDIX 7-1: 10 U.S.C.  2012 - SUPPORT AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND
ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE........749 APPENDIX 7-2: 10 U.S.C. 2554 - PROVISION OF SUPPORT FOR CERTAIN SPORTING EVENTS........752
APPENDIX 7-3: PDD 62 - PROTECTION AGAINST UNCONVENTIONAL THREATS TO THE HOMELAND AND
AMERICANS OVERSEAS........753
APPENDIX 7-4: DODD 1100.20 - SUPPORT AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND
ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE........753 APPENDIX 7-5: DODD 2000.15 - SUPPORT TO SPECIAL EVENTS........756
APPENDIX 7-6: IRT POLICY........758

## Appendix 8 Miscellaneous Support Operations........773

APPENDIX 8-1: 10 U.S.C  2012 - SUPPORT AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND
ACTIVITIES OUTSIDE DOD........773
APPENDIX 8-2: 32 U.S.C  508 - ASSISTANCE FOR CERTAIN YOUTH AND CHARITABLE ORGANIZATIONS
........773
APPENDIX 8-3: PDD-63, CRITICAL INFRASTRUCTURE PROTECTION ........774 APPENDIX 8-4: EO 12241 - NATIONAL CONTINGENCY PLAN (NCP)........775 APPENDIX 8-5: EO 12580 - SUPERFUND IMPLEMENTATION ........775 APPENDIX 8-6: EO 12656 - ASSIGNMENT OF EMERGENCY PREPAREDNESS RESPONSIBILITIES ........775
APPENDIX 8-7: EO 12657 - FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE IN EMERGENCY
PREPAREDNESS PLANNING AT COMMERCIAL NUCLEAR POWER PLANTS........775 APPENDIX 8-8: DODD 3020.26 - CONTINUITY OF OPERATIONS (COOP) POLICY AND PLANNING........775
APPENDIX 8-9: DODD 3020.36 - ASSIGNMENT OF NATIONAL SECURITY EMERGENCY PREPAREDNESS
(NSEP) RESPONSIBILITIES TO DOD COMPONENTS ........780
APPENDIX 8-10: FM 100-19, DOMESTIC SUPPORT OPERATIONS, DEPARTMENT OF DEFENSE CIVIL
DISTURBANCE PLAN (GARDEN PLOT) JULY 1993........796 APPENDIX 8-11: NGR 500-1/ANGI 10-8101, MILITARY SUPPORT TO CIVIL AUTHORITIES........797 APPENDIX 8-13: NIFC AREA COORDINATIONS CENTERS........803 APPENDIX 8-14: CRITICAL ASSET ASSURANCE PROGRAM ........803 APPENDIX 8-15: PDD-NSC-67 ........810
APPENDIX 9 INTELLIGENCE LAW........813
APPENDIX 9-1: 50 U.S.C.  401 ET SEQ - NATIONAL SECURITY ACT OF 1947 (AS AMENDED) ........813 APPENDIX 9-2: 50 U.S.C.  1801 ET SEQ. - FOREIGN INTELLIGENCE SURVEILLANCE ACT ........813 APPENDIX 9-3: EXECUTIVE ORDER 12333 - U.S. INTELLIGENCE ACTIVITIES........813
APPENDIX 9-4: DODD 5200.27 - ACQUISITION OF INFORMATION CONCERNING PERSONS AND
ORGANIZATIONS NOT AFFILIATED WITH THE DEPARTMENT OF DEFENSE ........827 APPENDIX 9-5: DODD 5240.1 - DOD INTELLIGENCE ACTIVITIES ........827
APPENDIX 9-6: DOD 5240.1-R - PROCEDURES GOVERNING THE ACTIVITIES OF DOD INTELLIGENCE
COMPONENTS THAT AFFECT U.S. PERSONS........827 APPENDIX 9-9: AR 381-10, US ARMY INTELLIGENCE ACTIVITIES........827 APPENDIX 9-10: AR 381-20, THE ARMY COUNTERINTELLIGENCE PROGRAM........827

## Appendix 10. Reserve Components........837

APPENDIX 10-1: ROLE OF THE NG IN DOMESTIC SUPPORT OPERATIONS ........837 APPENDIX 10-2: COMPARISON OF DUTY STATUS FOR NATIONAL GUARD PERSONNEL........839

## Appendix 11. Rules For The Use Of Force........841

APPENDIX 11-1: U. S. CONSTITUTION ........841

APPENDIX 11-2: FOURTH  AMENDMENT, US CONSTITUTION........ 841 APPENDIX 11-3: FIFTH AMENDMENT, US CONSTITUTION ........ 841 APPENDIX 11-4: EIGHTH AMENDMENT, US CONSTITUTION ........ 841
APPENDIX 11-5: ARTICLE II, SECTIONS 1 (EXECUTIVE POWERS CLAUSE), 2 (COMMANDER IN CHIEF
CLAUSE), AND 3 (EXECUTION OF LAWS CLAUSE)........ 842 APPENDIX 11-6: 18 USC  1385, POSSE COMITATUS ACT........ 843 APPENDIX 11-7: 10 USC S 331, *ET SEQ*., INSURRECTION ACT........ 843 APPENDIX 11-8: 50 USC  2301 *ET SEQ*., DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION ACT .. 843 APPENDIX 11-9: 10 USC  12310, RESERVE COMPONENTS GENERALLY ........ 843 APPENDIX 11-10: 18 USC  242, DEPRIVATION OF RIGHTS UNDER COLOR OF LAW........ 847 APPENDIX 11-11: CJCSI 3121.01A, STANDING RULES OF ENGAGEMENT (U)........ 849
APPENDIX 11-12: CJCSI 3121.02, USE OF FORCE FOR SUPPORT TO CIVILIAN COUNTERDRUG LAW
ENFORCEMENT ........ 881 APPENDIX 11-13: DRAFT CJCSI 3121.01B, STANDING RULES FOR USE OF FORCE........ 881 APPENDIX 11-14: DOD OPLAN GARDEN PLOT........ 881

## Appendix 12. Rules For The Use Of Forcefor National Guard ........ 883

APPENDIX 12-1: 10 U.S.C., CHAPTER 15 - INSURRECTION ACT........ 883 APPENDIX 12-2: 18 U.S.C.  1385 - THE POSSE COMITATUS ACT (PCA)........ 883 APPENDIX 12-3: 28 U.S.C.  1346, 2671 - 2680 FEDERAL TORT CLAIMS ACT ........ 883 APPENDIX 12-4: 32 USC  502- REQUIRED DRILLS AND FIELD EXERCISES ........ 883 APPENDIX 12-5: NGR 500-1 - MILITARY SUPPORT TO CIVIL AUTHORITIES........ 884 APPENDIX 12-6: EMERGENCY MANAGEMENT ASSISTANCE COMPACT (EMAC) ........ 884 APPENDIX 12-7: STATE RULES FOR THE USE OF FORCE CHECK........ 891

## Appendix 13. Domestic Support Operations Funding........ 897

APPENDIX 13-1: 18 U.S.C.  1385, POSSE COMITATUS ACT........ 897
APPENDIX 13-2: 10 U.S.C.  371-382, CHAPTER 18, MILITARY SUPPORT FOR CIVILIAN LAW
ENFORCEMENT AGENCIES ........ 897 APPENDIX 13-3: 10 U.S.C.  331-334, CHAPTER 15, INSURRECTIONS ........ 897 APPENDIX 13-4: 10 U.S.C. 2012, INNOVATIVE READINESS TRAINING........ 897
APPENDIX 13-5: 10 U.S.C. 2551, EQUIPMENT AND OTHER SERVICES:  NATIONAL VETERANS'
ORGANIZATIONS........ 897 APPENDIX 13-6: 10 U.S.C. 2552, EQUIPMENT AND OTHER SERVICES:  AMERICAN RED CROSS ........ 897 APPENDIX 13-7: 10 U.S.C. 2554, EQUIPMENT AND OTHER SERVICES: BOY SCOUT JAMBOREES........ 898 APPENDIX 13-8: 10 U.S.C. 2555, EQUIPMENT AND SERVICES:  GIRL SCOUTS OF AMERICA........ 898 APPENDIX 13-9: 10 U.S.C. 2556, EQUIPMENT AND SERVICES: HOMELESS ........ 898 APPENDIX 13-10: 10 U.S.C. 2558, EQUIPMENT AND SERVICES: NATIONAL MILITARY ASSOCIATIONS. 899
APPENDIX 13-11: 10 U.S.C. 2562, PROHIBITION ON TRANSFER OF CONSTRUCTION OF FIREFIGHTING
EQUIPMENT IN FMS........ 900
APPENDIX 13-12: 10 U.S.C. 2564, PROVISION OF SUPPORT FOR CERTAIN SPORTING EVENTS........ 900 APPENDIX 13-13: 10 U.S.C. 2576, SALE OR DONATION OF MILITARY EQUIPMENT........ 902 APPENDIX 13-14: 10 U.S.C. 2667, LEASE OF DOD PROPERTY........ 902 APPENDIX 13-15: 31 U.S.C. 1535, ECONOMY ACT........ 902 APPENDIX 13-16: 31 U.S.C. 3302, MISCELLANEOUS RECEIPTS........ 902 APPENDIX 13-17: 32 U.S.C.  112, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES........ 903 APPENDIX 13-18: 42 U.S.C.  5121, ET SEQ., AS AMENDED, STAFFORD ACT........ 903
APPENDIX 13-19: 50 U.S.C.  2311, RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS
DESTRUCTION........ 903
APPENDIX 13-20: DODD 1100.20, SUPPORT AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND
ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE ........ 904 APPENDIX 13-21: DODD 2000.15, SUPPORT TO SPECIAL EVENTS........ 904 APPENDIX 13-22: DODD 3025.15, MILITARY ASSISTANCE TO CIVIL AUTHORITIES........ 904 APPENDIX 13-23: DODD. 3025.1, MILITARY SUPPORT TO CIVIL AUTHORITIES........ 904 APPENDIX 13-24: DOD 3025.1M, MANUAL FOR CIVIL EMERGENCIES........ 904 APPENDIX 13-25: DODD. 3025.12, MILITARY ASSISTANCE FOR CIVIL DISTURBANCES........ 904

APPENDIX 13-26: DODD. 5525.5, DOD COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS
........904
APPENDIX 13-38: NGR 500-1/ ANGI 10-8101, MILITARY SUPPORT TO CIVIL AUTHORITIES........905 APPENDIX 13-28: NGB 500-2/ ANGI 10-801, NATIONAL GUARD COUNTERDRUG SUPPORT ........905
APPENDIX 13-29: CJCS INSTRUCTION 3710.01, DELEGATION OF AUTHORITY FOR APPROVING
OPERATIONAL SUPPORT TO DRUG LAW ENFORCEMENT AGENCIES AND COUNTERDRUG-RELATED
DEPLOYMENT OF DOD PERSONNEL........905 APPENDIX 13-30: AR 500-50, CIVIL DISTURBANCES........905 APPENDIX 13-31: AR 500-51, SUPPORT TO CIVILIAN LAW ENFORCEMENT ........905 APPENDIX 13-32: AR 700-131, LOAN, LEASE AND DONATION OF ARMY MATERIAL ........905 APPENDIX 13-33: DOD CIVIL DISTURBANCE PLAN GARDEN PLOT........905 APPENDIX 13-34: FM 100-19, DOMESTIC SUPPORT OPERATIONS........905


## Appendix 1 Introduction Clamo's Mission

The Center for Law and Military Operations (CLAMO) is a resource organization for operational lawyers. It was created in 1988 at the direction of the Secretary of the Army, and is an integral component of The Judge Advocate General's Legal Center and School, U.S. Army, in Charlottesville, Virginia.


CLAMO's mission is to examine legal issues that arise during all phases of military operations and to devise training and resource strategies for addressing those issues. It seeks to fulfill this mission in five ways.



- **First**, it is the central *repository* within The Judge Advocate General's
Corps for data, information, memoranda, after-action materials and lessons learned pertaining to legal support to operations, foreign and domestic.
- **Second**, it supports legal personnel by *analyzing* all data and
information, developing *lessons learned* across all military legal
disciplines, and by *disseminating* these lessons and other operational information to the Army, Marine Corps, and joint communities through publications, instruction, training, and databases accessible to operational forces worldwide.
- **Third**, it supports legal personnel in the field by responding to requests
for assistance, by engaging in a continuous exchange of information with the Combat Training Centers and their judge advocate observercontrollers, and by creating operational law *training guides.*
- **Fourth,** it *integrates lessons learned* from operations and the Combat
Training Centers into emerging *doctrine* and into the *curricula* of all
relevant courses, workshops, orientations, and seminars conducted at
The Judge Advocate General's Legal Center and School.
- **Fifth**, it sponsors *conferences and symposia* on topics of interest to
operational lawyers.

In addition to publishing guides for the operational law practitioner, CLAMO creates and maintains both unclassified
(www.jagcnet.army.mil/clamo) and classified (www.us.army.smil.mil) databases.


CLAMO also maintains an *Allied/Foreign Officers Database* (available to allied officers who register with the site) and a *Public Document Database* (no registration required). CLAMO focuses on the practice of operational lawall domestic, foreign, and international law that directly affects the conduct of operations. All of CLAMO's initiatives enhance legal support to operations within the Army, the Marine Corps, and throughout the Department of Defense.



## Clamo's Organization


The CLAMO Director heads the main office in Charlottesville on the grounds of the University of Virginia, where CLAMO enjoys first-class research facilities. CLAMO collects materials from attorneys and paralegals deployed in support of contingency operations around the globe. CLAMO also maintains formal links to the Army's four Combat Training Centers, where judge advocates and paralegals are assigned full-time to the Operations Groups that train Army, joint, and multinational forces. The Commanding General, Judge Advocate General's Legal Center and School approves all CLAMO projects, preserves the independence of its analyses, and ensures that its work remains responsive to the needs of the Army and the joint service community of operational lawyers.



## Contact Clamo


E-mail CLAMO at CLAMO@hqda.army.mil or call (434) 971-3290/3210.
Access the CLAMO web page at www.jagcnet.army.mil/clamo. E-mail, call, or write to request or submit materials. CLAMO encourages contributions of operational law materials, ideas from the field, and comments about its products.


  Except where it reprints authoritative source documents, the contents
of this publication or the Center's other publications should not be
construed as official positions, policies, or decisions of the Department
of the Army, The Judge Advocate General, the U.S. Marine Corps, or
the Staff Judge Advocate to the Commandant of the Marine Corps.

## Appendix 2 Military Support To Civilian Authorities Appendix **2-1:** 18 U.S.C.  1385 - The Posse Comitatus Act (Pca) 18 U.S.C. 1385 (2002) Crimes And Criminal Procedure Sec. 1385 Use Of Army And Air Force As Posse Comitatus Whoever, Except In Cases And Under Circumstances Expressly Authorized By The Constitution Or Act Of Congress, Willfully Uses Any Part Of The Army Or The Air Force As A Posse Comitatus Or Otherwise To Execute The Laws Shall Be Fined Under This Title Or Imprisoned Not More Than Two Years, Or Both. Source (Added Aug. 10, 1956, Ch. 1041, Sec. 18(A), 70A Stat. 626; Amended Pub. L. 86-70, Sec. 17(D), June 25, 1959, 73 Stat. 144; Pub. L.103-322, Title Xxxiii, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Historical And Revision Note Revised Section Source (U.S. Code) Source (Statutes At Large)

 1385
10:15.                 June 18, 1878, ch. 263, Sec. 15, 20 Stat. 152; Mar.

3, 1899, ch. 429, Sec. 363 (proviso); added June 6, 1900, ch. 786, Sec. 29 (less last proviso), 31 Stat. 330.


This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18. Amendments 1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $10,000''. 1959 - Pub. L. 86-70 struck out provisions which made section inapplicable in Alaska.

Section Referred to in Other Sections This section is referred to in section 831 of this title.

ENDMENT: None

ection 371. Use of information collected during military operations
ons that may be relevant to a violation of any Federal or State law within the jurisdiction

## Update: None Appendix **2-2:** 10 U.S.C.  371-382 - Statutory Implementation Of The Pca & Military Support To Civilian Law Enforcement Agencies 10 U.S.C.  371, *Et Seq*.  (2002) Military Support For Civilian Law Enforcement Agencies S (A) The Secretary Of Defense May, In Accordance With Other Applicable Law, Provide To Federal, State, Or Local Civilian Law Enforcement Officials Any Information Collected During The Normal Course Of Military Training Or Operati Of Such Officials. Practicable, Be Taken Into Account In The Planning And Execution Of Military Training Or Operations.

      (c) The Secretary of Defense shall ensure, to the extent consistent with national security, that intelligence information held by the Department of Defense and relevant to drug interdiction or other civilian law enforcement matters is provided promptly to appropriate civilian law enforcement officials.

Section 372. Use of military equipment and facilities (a) In General. - The Secretary of Defense may, in accordance with other applicable law, make available any equipment (including associated supplies or spare parts), base facility, or research facility of the Department of Defense to any Federal, State, or local civilian law enforcement official for law enforcement purposes. (b) Emergencies Involving Chemical and Biological Agents. - (1) In addition to equipment and facilities described in subsection (a), the Secretary may provide an item referred to in paragraph (2) to a Federal, State, or local law enforcement or emergency response agency to prepare for or respond to an emergency involving chemical or biological agents if the Secretary determines that the item is not reasonably available from another source.  The requirement for a determination that an item is not reasonably available from another source does not apply to assistance provided under section 382 of this title pursuant to a request of the Attorney General for the assistance. (2) An item referred to in paragraph (1) is any material or expertise of the Department of Defense appropriate for use in preparing for or responding to an emergency involving chemical or biological agents, including the following: (A) Training facilities. (B) Sensors. (C) Protective clothing. (D) Antidotes.

Section 373. Training and advising civilian law enforcement officials The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available - (1) to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment, including equipment made available under section 372 of this       title; and (2) to provide such law enforcement officials with expert advice relevant to the purposes of this chapter.

Section 374. Maintenance and operation of equipment (a) The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available for the maintenance of equipment for Federal, State, and local civilianlaw enforcement officials, including equipment made available under section 372 of this title. (b)(1) Subject to paragraph (2) and in accordance with other     applicable law, the Secretary of Defense may, upon request from the     head of a Federal law enforcement agency, make Department of     Defense personnel available to operate equipment (including     equipment made available under section 372 of this title) with respect to - (A) a criminal violation of a provision of law specified in paragraph (4)(A); (B) assistance that such agency is authorized to furnish to a       State, local, or foreign government which is involved in the enforcement of similar laws; (C) a foreign or domestic counter-terrorism operation; or (D) a rendition of a suspected terrorist from a foreign country to the United States to stand trial.


      (2) Department of Defense personnel made available to a civilian law enforcement agency under this subsection may operate equipment for the following purposes: (A) Detection, monitoring, and communication of the movement of air and sea traffic. (B) Detection, monitoring, and communication of the movement of surface traffic outside of the geographic boundary of the United States and within the United States not to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary.

        (C) Aerial reconnaissance. (D) Interception of vessels or aircraft detected outside the land area of the United States for the purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go to a location designated by appropriate civilian officials.

        (E) Operation of equipment to facilitate communications in connection with law enforcement programs specified in paragraph (4)(A). (F) Subject to joint approval by the Secretary of Defense and the Attorney General (and the Secretary of State in the case of a law enforcement operation outside of the land area of the United States) -
          (i) the transportation of civilian law enforcement personnel along with any other civilian or military personnel who are supporting, or conducting, a joint operation with civilian law enforcement personnel; (ii) the operation of a base of operations for civilian law enforcement and supporting personnel; and (iii) the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the requesting Federal law enforcement agency provides all security         for such transportation and maintains custody over the suspect through the duration of the transportation). (3) Department of Defense personnel made available to operate equipment for the purpose stated in paragraph (2)(D) may continue to operate such equipment into the land area of the United States in cases involving the pursuit of vessels or aircraft where the detection began outside such land area. (4) In this subsection: (A) The term ''Federal law enforcement agency'' means a Federal agency with jurisdiction to enforce any of the following: (i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.). (ii) Any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324-1328).

          (iii) A law relating to the arrival or departure of merchandise (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) into or out of the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) or any other territory or possession of the United States. (iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.). (v) Any law, foreign or domestic, prohibiting terrorist activities. (B) The term ''land area of the United States'' includes the land area of any territory, commonwealth, or possession of the United States. (c) The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available to any Federal, State, or local civilian law enforcement agency to operate equipment for purposes other than described in subsection (b)(2) only to the extent that such support does not involve direct participation by such personnel in a civilian law enforcement operation unless such direct participation is otherwise authorized by law.


Section 375. Restriction on direct participation by military personnel The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

Section 376. Support not to affect adversely military preparedness Support (including the provision of any equipment or facility or the assignment or detail of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such support will adversely affect the military preparedness of the United States. The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that the provision of any such support does not adversely affect the military preparedness of the United States.

Section 377. Reimbursement

      (a) To the extent otherwise required by section 1535 of title 31 (popularly known as the ''Economy Act'') or other applicable law, the Secretary of Defense shall require a civilian law enforcement agency to which support is provided under this chapter to reimburse the Department of Defense for that support. (b) An agency to which support is provided under this chapter is not required to reimburse the Department of Defense for such support if such support -
        (1) is provided in the normal course of military training or operations; or (2) results in a benefit to the element of the Department of Defense providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training.

Section 378. Nonpreemption of other law Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that     provided by law before December 1, 1981.

Section 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes (a) The Secretary of Defense and the Secretary of Transportation shall provide that there be assigned on board every appropriate surface naval vessel at sea in a drug-interdiction area members of the Coast Guard who are trained in law enforcement and have powers of the Coast Guard under title 14, including the power to make arrests and to carry out searches and seizures. (b) Members of the Coast Guard assigned to duty on board naval vessels under this section shall perform such law enforcement functions (including drug-interdiction functions) - (1) as may be agreed upon by the Secretary of Defense and the Secretary of Transportation; and
        (2) as are otherwise within the jurisdiction of the Coast Guard. (c) No fewer than 500 active duty personnel of the Coast Guard shall be assigned each fiscal year to duty under this section.  However, if at any time the Secretary of Transportation, after     consultation with the Secretary of Defense, determines that there are insufficient naval vessels available for purposes of this section, such personnel may be assigned other duty involving enforcement of laws listed in section 374(b)(4)(A) of this title. (d) In this section, the term ''drug-interdiction area'' means an area outside the land area of the United States (as defined in section 374(b)(4)(B) of this title) in which the Secretary of Defense (in consultation with the Attorney General) determines that activities involving smuggling of drugs into the United States are     ongoing. Section 380. Enhancement of cooperation with civilian law enforcement officials
(a) The Secretary of Defense, in cooperation with the Attorney General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement personnel of the political subdivisions of each State) regarding information, training, technical support, and equipment and facilities available to civilian law enforcement personnel from the Department of Defense.

(b) Each briefing conducted under subsection (a) shall include the following:

(1) An explanation of the procedures for civilian law enforcement officials -
(A) to obtain information, equipment, training, expert advice, and other personnel support under this chapter; and

(B) to obtain surplus military equipment.


(2) A description of the types of information, equipment and facilities, and training and advice available to civilian law enforcement officials from the Department of Defense.

(3) A current, comprehensive list of military equipment which is suitable for law enforcement officials from the Department of Defense or available as surplus property from the Administrator of General Services.

 (c) The Attorney General and the Administrator of General Services shall -

(1) establish or designate an appropriate office or offices to maintain the list described in subsection (b)(3) and to furnish information to civilian law enforcement officials on the availability of surplus military equipment; and

(2) make available to civilian law enforcement personnel nationwide, toll free telephone communication with such office or offices Section 382. Emergency situations involving chemical or biological weapons of mass destruction


(a) In General. - The Secretary of Defense, upon the request of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 175 or 2332c (FOOTNOTE 1) of title 18 during an emergency situation involving a biological or chemical weapon of mass destruction.  Department of Defense resources, including personnel of the Department of Defense, may be used to provide such assistance if - (FOOTNOTE 1) See References in Text note below.

(1) the Secretary of Defense and the Attorney General jointly determine that an emergency situation exists; and
(2) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States.

(b) Emergency Situations Covered. - In this section, the term ''emergency situation involving a biological or chemical weapon of mass destruction'' means a circumstance involving a biological or chemical weapon of mass destruction -
(1) that poses a serious threat to the interests of the United States; and

(2) in which -


(A) civilian expertise and capabilities are not readily available to provide the required assistance to counter the threat immediately posed by the weapon involved;

(B) special capabilities and expertise of the Department of Defense are necessary and critical to counter the threat posed by the weapon involved; and

(C) enforcement of section 175 or 2332c (FOOTNOTE 1) of title 18 would be seriously impaired if the Department of Defense assistance were not provided.

(c) Forms of Assistance. - The assistance referred to in subsection (a) includes the operation of equipment (including equipment made available under section 372 of this title) to monitor, contain, disable, or dispose of the weapon involved or elements of the weapon.

(d) Regulations. - (1) The Secretary of Defense and the Attorney General shall jointly prescribe regulations concerning the types of assistance that may be provided under this section.  Such regulations shall also describe the actions that Department of Defense personnel may take in circumstances incident to the provision of assistance under this section. (2)(A) Except as provided in subparagraph (B), the regulations may not authorize the following actions: (i) Arrest. (ii) Any direct participation in conducting a search for or seizure of evidence related to a violation of section 175 or 2332c (FOOTNOTE 1) of title 18. (iii) Any direct participation in the collection of intelligence for law enforcement purposes.

      (B) The regulations may authorize an action described in subparagraph (A) to be taken under the following conditions: (i) The action is considered necessary for the immediate protection of human life, and civilian law enforcement officials are not capable of taking the action. (ii) The action is otherwise authorized under subsection (c) or under otherwise applicable law. (e) Reimbursements. - The Secretary of Defense shall require reimbursement as a condition for providing assistance under this section to the extent required under section 377 of this title. (f) Delegations of Authority. - (1) Except to the extent otherwise provided by the Secretary of Defense, the Deputy Secretary of Defense may exercise the authority of the Secretary of Defense under this section. The Secretary of Defense may delegate the Secretary's authority under this section only to an Under Secretary of Defense or an Assistant Secretary of Defense and only if the Under Secretary or Assistant Secretary to whom delegated has been designated by the Secretary to act for, and to exercise the general powers of, the Secretary. (2) Except to the extent otherwise provided by the Attorney General, the Deputy Attorney General may exercise the authority of the Attorney General under this section.  The Attorney General may delegate that authority only to the Associate Attorney General or an Assistant Attorney General and only if the Associate

## Attorney General Or Assistant Attorney General To Whom Delegated Has Been Designated By The Attorney General To Act For, And To Exercise The General Powers Of, The Attorney General. (G) Relationship To Other Authority. - Nothing In This Section Shall Be Construed To Restrict Any Executive Branch Authority Regarding Use Of Members Of The Armed Forces Or Equipment Of The Department Of Defense That Was In Effect Before September 23, 1996. Updates Pub. L. 107-248 Section 374. New Note Added By Pub.  L. 107-248, Sec.  8058(A), 116 Stat. 1549. Pub. L. 108-87 Section 374. New Note Added By Pub.  L. 108-87, Sec.  8057(A), 117 Stat. 1085. Pub. L. 107-296 Section 379.  Amended By Pub.  L. 107-296, Sec.  1704(B)(1), 116 Stat.  2314. Appendix **2-3:** Dodd 5525.5 - Dod Cooperation With Civilian Law Enforcement Officials Department Of Defense Directive

NUMBER 5525.5
January 15, 1986

Incorporating Change 1, December 20, 1989
ASD(FM&P)
SUBJECT: DoD Cooperation with Civilian Law Enforcement Officials References: (a) through (ll), see enclosure 1
1. REISSUANCE AND PURPOSE This Directive reissues reference (a) to update uniform DoD policies and procedures to be followed with respect to support provided to Federal, State, and local civilian law enforcement efforts; and assigns responsibilities.

2. APPLICABILITY AND SCOPE
2.1. This Directive applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization of the Joint Chiefs of Staff (OJCS), the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as DoD Components). The term "Military Service," as used herein, refers to the Army, Navy, Air Force, and Marine Corps.

2.2. DoD policy on assistance to law enforcement officials in foreign governments is not governed by this Directive except as specified by other DoD issuances. 3. DEFINITIONS
3.1. Civilian Agency. An agency of one of the following jurisdictions:

3.1.1. The United States (other than the Department of Defense, but 1 including the U.S.

Coast Guard). This includes U.S. agencies in international areas dealing with U.S. flag vessels or aircraft in violation of U.S. law.


3.1.2. A State (or political subdivision of it) of the United States.


3.1.3. Commonwealth, Territory, or Possession (or political subdivision of it) of the United States.


3.2. Civilian Law Enforcement Official. An officer or employee of a civilian agency with responsibility for enforcement of the laws within the jurisdiction of that agency.

3.3. DoD Intelligence Component. An organization listed in subsection 3.4. of DoD Directive
5240.1 (reference (b)). 4. POLICY It is DoD policy to cooperate with civilian law enforcement officials to the extent practical. The implementation of this policy shall be consistent with the needs of national security and military preparedness, the historic tradition of limiting direct military involvement in civilian law enforcement activities, and the requirements of applicable law, as developed in enclosures E2. through E7.

5. RESPONSIBILITIES
5.1. The Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) shall:

5.1.1. Coordinate with civilian law enforcement agencies on long range policies to further DoD cooperation with civilian law enforcement officials.


5.1.2. Provide information to civilian agencies and The National Narcotics Border Interdiction System (NNBIS) to facilitate access to DoD resources.


5.1.3. Coordinate with the Department of Justice, the Department of Transportation (U.S.

Coast Guard), and the Department of the Treasury (U.S. Customs Service) and represent the Department of Defense on interagency organizations regarding matters involving the interdiction of the flow of illegal drugs into the United States.  2

5.1.4. Develop guidance and, as required, take other actions as specified in enclosures E2.

through E7., taking into account the requirements of DoD intelligence components and the interests of the Assistant Secretary of Defense (Health Affairs) (ASD(HA)) and the Assistant Secretary of Defense
(Reserve Affairs) (ASD(RA)).


5.1.5. Inform the ASD(RA) of all requests for and taskings concerning National Guard and Reserve personnel and resources in support of civilian law enforcement.


5.1.6. Modify the sample report formats at enclosures E6. and E7.

5.2. The Inspector General of the Department of Defense (IG, DoD) shall issue guidance on cooperation with civilian law enforcement officials with respect to audits and investigations conducted, supervised, monitored, or initiated under DoD Directive 5106.1 (reference (c)), subject to coordination with the General Counsel.

5.3. The Assistant Secretary of Defense (Reserve Affairs) (ASD(RA)) shall:

5.3.1. Assist the ASD(FM&P) in the development of guidance for use by approving authorities in evaluating the impact on military preparedness of any request for assistance from units of the National Guard and Reserve.



5.3.2. At the request of the Secretary of Defense or the ASD(FM&P), determine the impact on military preparedness of any request for military assistance from units of the National Guard and Reserve.


5.4. The Secretaries of the Military Departments and the Directors of the Defense Agencies, as appropriate, shall:

5.4.1. Disseminate the guidance issued by the ASD(FM&P) under paragraph 5.1.4., above.


5.4.2. Review training and operational programs to determine how and where assistance can best be provided civilian law enforcement officials consistent with the policy in section 4, above. This review should identify those programs under which reimbursement would not be required under enclosure E5.


5.4.3. Issue implementing documents incorporating the guidelines and procedures of this Directive, including the following:  3


5.4.3.1. Procedures for prompt transfer of relevant information to law enforcement agencies.



5.4.3.2. Procedures for establishing local contact points in subordinate commands for purposes of coordination with Federal, State, and local civilian law enforcement officials.



5.4.3.3. Guidelines for evaluating requests for assistance in terms of impact on national security and military preparedness.


5.4.4. Inform the Joint Chiefs of Staff (JCS), through ASD(FM&P) of all requests for and taskings in support of civilian law enforcement that involve the resources of a Unified or Specified Command, which, if provided, could have significant impact on military preparedness or national security.

5.5. The Director, National Security Agency/Chief, Central Security Service (DIRNSA/CHCSS)
shall establish appropriate guidance for the National Security Agency/Central Security Service (NSA/CSS).

5.6. The Joint Chiefs of Staff shall:

5.6.1. Assist the ASD(FM&P) in the development of guidance for use by approving authorities in evaluating the impact of requests for assistance on national security and military preparedness.


5.6.2. Provide advice on the impact on national security and military preparedness of any request for military assistance at the request of the Secretary of Defense, the ASD(FM&P), the Secretaries of the Military Departments, the Directors of Defense Agencies, or the Commanders of the Unified and Specified Commands.

6. INFORMATION REQUIREMENTS A quarterly report of all requests for assistance (approved, denied, or pending) shall be submitted by the Secretaries of the Military Departments and the Directors of Defense Agencies to the ASD(FM&P), the General Counsel, the ASD(HA), and the ASD(RA), not later than 30 days after the end of each quarter. The report will show action taken (approval, denial, or pending) and other appropriate information. This information requirement has been assigned Report Control Symbol DD-FM&P(Q)1595. Actions involving the use of classified information or techniques may be exempted from such  4 report with the concurrence of the ASD(FM&P) if it is impractical to prepare an unclassified summary. The sample format at enclosure will be used to record all aviation assistance.

7. RELEASE OF INFORMATION
7.1. Release of information to the public concerning law enforcement operations is the primary responsibility of the civilian agency that is performing the law enforcement function. The Military Departments and the Directors of the Defense Agencies may release such information, however, when approved under the procedures established by the Secretaries of the Military Departments and the Directors of the Defense Agencies concerned. To the extent possible, the affected civilian law enforcement agencies shall be consulted before releasing such information.

7.2. When assistance is provided under this Directive, such assistance may be conditioned upon control by the Secretaries of the Military Departments and Directors of the Defense Agencies before information is released to the public.

8. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective immediately. Forward two copies of implementing documents to the Assistant Secretary of Defense (Force Management and Personnel) within 120 days.  5
8.1. MISCELLANEOUS

The provisions of paragraph E4.1.3. of enclosure E4. of Department of Defense Directive 5525.5, entitled "Restrictions on Direct Assistance," will continue to apply to all actions conducted by military personnel within the territorial boundaries of the United States. With regard to military actions conducted outside the territorial jurisdiction of the United States, however, the Secretary of Defense or the Deputy Secretary of Defense will consider for approval, on a case by case basis, requests for exceptions to the policy restrictions against direct assistance by military personnel to execute the laws. Such requests for exceptions to policy outside the territorial jurisdiction of the United States should be made only when there are compelling and extraordinary circumstances to justify them.

Enclosures - 7 1. References 2. Use of Information Collected During Military Operations 3. Use of Military Equipment and Facilities 4. Restrictions on Participation of DoD Personnel in Civilian Law Enforcement Activities 5. Funding 6. Sample Format for Preparing, "Report on Support to Civilian Law Enforcement (RCS DD- FM&P(Q)1595)" 7. Aviation Assistance to Law Enforcement Agencies (Sample Format)

## E1. Enclosure 1 References

 (a) DoD Directive 5525.5, subject as above, March 22, 1982 (hereby canceled) (b) DoD Directive 5240.1, "Activities of DoD Intelligence Components that Affect U.S. Persons,"
December 3, 1982
(c) DoD Directive 5106.1, "Inspector General of the Department of Defense," March 14, 1983 (d) Title 10, United States Code (10 U.S.C.), 331-334, 337, 371-378, 2576, and 2667; and Chapter 47
(Uniform Code of Military Justice)
(e) DoD Directive 5200.27, "Acquisition of Information Concerning Persons and Organizations not
Affiliated with the Department of Defense," January 7, 1980
(f) DoD 5240.1-R, "Procedures Governing the Activities of DoD Intelligence Components that Affect
United States Persons," December 1982, authorized by reference (b)
(g) DoD Directive 5400.11, "Department of Defense Privacy Program," June 9, 1982 (h) DoD 4515.13-R, "Air Transportation Eligibility," January 1980, authorized by DoD Directive 4515.13,
June 26, 1979
(i) Public Law, "The Economy Act, " (31 U.S.C. 1535)
(j) Public Law, "The Intergovernmental Cooperation Act of 1968," (40 U.S.C. 531-535 and 42 U.S.C.
4201, 4211-4124, 4221-4225, 4231-4233, 4241-4244)
(k) Public Law, "Federal Property and Administrative Services Act of 1949," (40 U.S.C. 471-476, 481,
483, 483c, 484-492, 512, 514, 531-535, 541-544, 751-759; 41 U.S.C. 5, 251-255, 257-260; 44
U.S.C., Chapters 21, 25, 29, 31; and 50 U.S.C. Appendix 1622)
(l) DoD Directive 3025.12, "Employment of Military Resources in the Event of Civil Disturbances,"
August 19, 1971
(m) DoD Instruction 4160.23, "Sale of Surplus Military Equipment to State and Local Law Enforcement
and Firefighting Agencies," January 27, 1981
(n) DoD Instruction 4160.24, "Disposal of Foreign Excess Personal Property for Substantial Benefits or the
Discharge of Claims," July 24, 1981
(o) DoD Directive 4165.6, "Real Property Acquisition, Management and Disposal," December 22, 1976 (p) DoD Directive 4165.20, "Utilization and Retention of Real Property," January 31, 1985 (q) DoD Directive 5410.12, "Economic Adjustment Assistance to Defense-Impacted Communities," April
21, 1973  7 ENCLOSURE 1
(r) DoD Instruction 7230.7, "User Charges," January 29, 1985 (s) DoD Instruction 7310.1, "Disposition of Proceeds from Sales of DoD Excess and Surplus Personal
Property," November 15, 1984
(t) DoD Instruction 7730.53, "Specialized or Technical Services Provided to State and Local Government,"
December 23, 1982
(u) DoD Directive 5030.46, "Assistance to the District of Columbia Government in Combating Crime,"
March 26, 1971
(v) Public Law, "Posse Comitatus Act," (18 U.S.C. 1385) (w) DoD Directive 5525.7, "Implementation of the Memorandum of Understanding Between the
Department of Justice and the Department of Defense Relating to the Investigation and Prosecution of Certain Crimes," January 22, 1985
(x) Title 5, United States Code, Appendix 3, Section 8(g) (y) Title 16, United States Code, 23, 78, 593, and 1861(a) (z) Title 18, United States Code, 112, 351, 831, 1116, 1751, and 3056; "Presidential Protection
Assistance Act of 1976," Public Law 94-524, 90 Stat. 2475
(aa) Title 22, United States Code, 408 and 461-462 (bb) Title 25, United States Code, 180 (cc) Title 42, United States Code, 97, 1989, and 3789 (dd) Title 43, United States Code, 1065 (ee) Title 48, United States Code, 1418, 1422, and 1591 (ff) Title 50, United States Code, 220 (gg) Public Law, "The Controlled Substances Act," (21 U.S.C. 801 et seq.) (hh) Public Law, "The Controlled Substances Import and Export Act," (21 U.S.C. 951 et seq.) (ii) Public Law, "The Immigration and Nationality Act," (8 U.S.C. 1324-1328)
(jj) Title 19, United States Code 1401 (The Tariff Act of 1930) and 1202 (Tariff Schedules of the United
States)
(kk) Title 21, United States Code 873(b) (ll) DoD 7220.9-M, "Department of Defense Accounting Manual," October 1983, authorized by DoD
Directive 7220.9

## E2. Enclosure 2 Use Of Information Collected During Military Operations

 E2.1. ACQUISITION AND DISSEMINATION Military Departments and Defense Agencies are encouraged to provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course of military operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials. The Secretaries of the Military Departments and Directors of the Defense Agencies shall prescribe procedures for releasing information upon reasonable belief that there has been such a violation.


E2.1.1. The assistance provided under this enclosure shall be in accordance with 10 U.S.C. 371
(reference (d)) and other applicable laws.
E2.1.2. The acquisition and dissemination of information under this enclosure shall be in
accordance with DoD Directive 5200.27 (reference (e)), DoD Directive 5240.1 (reference (b)), and DoD
5240.1-R (reference (f)).
E2.1.3. Military Departments and Defense Agencies shall establish procedures for "routine use"
disclosures of such information in accordance with DoD Directive 5400.11 (reference (g)).
E2.1.4. Under guidance established by the Secretaries of the Military Departments and the
Directors of the Defense Agencies concerned, the planning and execution of compatible military training and operations may take into account the needs of civilian law enforcement officials for information when the collection of the information is an incidental aspect of training performed for a military purpose. In this
regard, the needs of civilian law enforcement officials may be considered when scheduling routine training missions. This does not permit the planning or creation of missions or training for the primary purpose of aiding civilian law enforcement officials, and it does not permit conducting training or missions for the purpose of routinely collecting information about U.S. citizens. Local law enforcement agents may
accompany routinely scheduled training flights as observers for the purpose of collecting law enforcement information. This provision does not authorize the use of DoD aircraft to provide point-to-point transportation and training flights for civilian law enforcement officials. Such assistance may be provided only in accordance with DoD 4515.13-R (reference (h)).
E2.1.5. Under procedures established by the Secretaries of Military Departments and the Directors
of the Defense Agencies concerned, information concerning illegal drugs that is provided to civilian law enforcement officials under this provision (reference (f)) may be provided to the El Paso Intelligence Center.
E2.1.6. Nothing in this section modifies DoD policies or procedures concerning dissemination of
information for foreign intelligence or counterintelligence purposes.
E2.1.7. The Military Departments and Defense Agencies are encouraged to participate in
Department of Justice Law Enforcement Coordinating Committees situated in each Federal Judicial District.
E2.1.8. The assistance provided under this enclosure may not include or permit direct participation
by a member of a Military Service in the interdiction of a vessel, aircraft, or a land vehicle, a search or seizure, arrest, or other similar activity unless participation in such activity by the member is otherwise authorized by law. See enclosure E4. E2.2. MILITARY PREPAREDNESS Assistance may not be provided under this enclosure if it could adversely affect national security or military preparedness. E2.3. FUNDING To the extent that assistance under this enclosure requires Military Departments and Defense Agencies to incur costs beyond those that are incurred in the normal course of military operations, the funding provisions of enclosure E5 apply.

## E3. Enclosure 3 Use Of Military Equipment And Facilities

 E3.1. EQUIPMENT AND FACILITIES
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 in accordance with this enclosure.


E3.1.1. The ASD(FM&P) shall issue guidance to ensure that the assistance provided under this enclosure is in accordance with applicable provisions of 10 U.S.C. 372, 2576, and 2667 (reference (d));
the Economy Act (reference (i)); the Intergovernmental Cooperation Act of 1968 (reference (j)); the Federal Property and Administrative Services Act of 1949 (reference (k)); and other applicable laws.

E3.1.2. The guidance in subsection E3.1.1., above, shall ensure that the following Directives are complied with: DoD Directive 3025.12 (reference (l)); DoD Instruction 4160.23 (reference (m)); DoD Instruction 4160.24 (reference (n)); DoD Directive 4165.6 (reference (o)); DoD Directive 4165.20 (reference (p)); DoD Directive 5410.12 (reference (q)); DoD Instruction 7230.7 (reference (r)); DoD Instruction 7310.1 (reference (s)); DoD Instruction 7730.53 (reference (t)); and other guidance that may be issued by the ASD(FM&P) and the Assistant Secretary of Defense (Comptroller) (ASD(C)).

E3.1.3. The assistance provided by DoD Intelligence Components is subject to DoD Directive
5240.1 (reference (b)) and DoD 5240.1-R (reference (f)). E3.2. LIMITATIONS ON THE USE OF PERSONNEL
E3.2.1. A request for DoD personnel to operate or maintain or to assist in operating or maintaining equipment made available under section E3.1., above, shall be considered under the guidance in subsection E4.1.6. (enclosure E4.).

E3.2.2. Personnel in DoD intelligence components also are subject to the limitations in DoD
Directive 5240.1 (reference (b)) and DoD 5240.1-R (reference (f)). E3.3. MILITARY PREPAREDNESS Assistance may not be provided under this enclosure if such assistance could adversely affect national security or military preparedness. The implementing documents issued by the Secretaries of the Military Departments and the Directors of the Defense Agencies shall ensure that approval for the disposition of equipment is vested in officials who can assess the impact of such disposition on national security and military preparedness. E3.4. APPROVAL AUTHORITY Requests by civilian law enforcement officials for DoD assistance in civilian law enforcement functions shall be forwarded to the appropriate approval authority under the guidance in this section.

E3.4.1. Approval authority for military assistance if there is a civil disturbance or related matters requiring immediate action is governed by DoD Directive 3025.12 (reference (l)).

E3.4.2. Approval authority for assistance to the government of the District of Columbia is governed by DoD Directive 5030.46 (reference (u)).

E3.4.3. The following governs approval for assistance to civilian law enforcement officials in other circumstances:
E3.4.3.1. Requests for training, expert advice, or use of personnel to operate or maintain equipment shall be forwarded for consideration under section E4.5.of enclosure E4.


E3.4.3.2. Requests for DoD intelligence components to provide assistance shall be forwarded for consideration under DoD Directive 5240.1 (reference (b)) and DoD 5240.1-R (reference (f)).

E3.4.3.3. Loans under the Economy Act (reference (i)) are limited to agencies of the Federal Government. Leases under 10 U.S.C. 2667 (reference (d)) may be made to entities outside the Federal Government.

E3.4.3.3.1. Requests for arms, ammunition, combat vehicles, vessels, and aircraft are
subject to approval by the Secretaries of the Military Departments and the Directors of Defense Agencies.
A notice of approval or denial shall be reported to the ASD(FM&P) within 48 hours after such action.

E3.4.3.3.2. Requests for loan or lease or other use of equipment or facilities are subject to
approval by the Secretaries of the Military Departments and the Directors of the Defense Agencies, unless approval by a higher official is required by statute or DoD Directive applicable to the particular disposition. This authority may be delegated. The Secretaries of the Military Departments and the Directors of the Defense Agencies shall issue rules for taking action on requests for loan, lease, or other use of equipment or facilities that are not governed by paragraphs E3.4.3.1. through E3.4.3.3., above, subject to the following:


E3.4.3.3.2.1. Such rules shall ensure compliance with applicable statutes and
DoD Directives requiring specific levels of approval with respect to particular dispositions.


E3.4.3.3.2.2. The ASD(FM&P) shall be notified within 48 hours after action is
taken approving or denying a request for a loan, lease, or other use of equipment or facilities for more than 60 days.

E3.4.3.4. Requests for the use of equipment or facilities outside the Continental United
States (CONUS) other than arms, ammunition, combat vehicles, vessels, and aircraft shall be approved in accordance with procedures established by the applicable Military Department or Defense Agency.

E3.4.3.5. Requests from Federal agencies for purchase of equipment (permanent
retention) that are accompanied by appropriate funding documents may be submitted directly to the Military Departments or Defense Agencies. Requests for transferring equipment to non-Federal agencies must be processed under DoD Instruction 4160.23 (reference (m)) or DoD Directive 4165.20 (reference (p)).

E3.4.3.6. All requests, including those in which subordinate authorities recommend
denial, shall be submitted promptly to the approving authority using the format and channels established by the ASD(FM&P). Requests will be forwarded and processed according to the urgency of the situation. E3.5. FUNDING Funding requirements for assistance under this enclosure shall be established under the guidance in
enclosure E5.

## E4. Enclosure 4 Restrictions On Participation Of Dod Personnel In Civilian Law Enforcement Activities E4.1. Statutory Requirements E4.1.1. Posse Comitatus Act.

 The primary restriction on military participation in civilian law enforcement activities is the Posse Comitatus Act (reference (v)), which provides: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years or both."
E4.1.2. Permissible direct assistance. The following activities are not restricted by reference (v).


E4.1.2.1. Actions that are taken for the primary purpose of furthering a military or foreign affairs function of the United States, regardless of incidental benefits to civilian authorities. This provision must be used with caution, and does not include actions taken for the primary purpose of aiding civilian law enforcement officials or otherwise serving as a subterfuge to avoid the restrictions of reference (v). Actions under this provision may include the following, depending on the nature of the DoD interest and the authority governing the specific action in question:


E4.1.2.1.1. Investigations and other actions related to enforcement of the Uniform Code of Military Justice (UCMJ) (reference (d)).



E4.1.2.1.2. Investigations and other actions that are likely to result in administrative proceedings by the Department of Defense, regardless of whether there is a related civil or criminal proceeding. See DoD Directive 5525.7 (reference (w)) with respect to matters in which the Departments of Defense and Justice both have an interest.



E4.1.2.1.3. Investigations and other actions related to the commander's inherent authority to maintain law and order on a military installation or facility.



E4.1.2.1.4. Protection of classified military information or equipment.



E4.1.2.1.5. Protection of DoD personnel, DoD equipment, and official guests of the Department of Defense.



E4.1.2.1.6. Such other actions that are undertaken primarily for a military or foreign affair's purpose.


E4.1.2.2. Audits and investigations conducted by, under the direction of, or at the request of IG, DoD, 5 U.S.C., Appendix 3, 8(g) (reference (x)), subject to applicable limitations on direct participation in law enforcement activities.


E4.1.2.3. Actions that are taken under the inherent right of the U.S. Government, a sovereign national entity under the U.S. Constitution, to ensure the preservation of public order and to carry out governmental operations within its territorial limits, or otherwise in accordance with applicable law, by force, if necessary. This authority is reserved for unusual circumstances, and will be used only under DoD Directive 3025.12 (reference (l)), which permits use of this power in two circumstances:


E4.1.2.3.1. The emergency authority authorizes prompt and vigorous Federal action, including use of military forces, to prevent loss of life or wanton destruction of property and to restore governmental functioning and public order when sudden and unexpected civil disturbances, disaster, or calamities seriously endanger life and property and disrupt normal governmental functions to such an extent that duly constituted local authorities are unable to control the situation.



E4.1.2.3.2. Protection of Federal property and functions authorizes Federal action, including the use of military forces, to protect Federal property and Federal Government functions when the need for protection exists and duly constituted local authorities are unable or decline to provide adequate protection.


E4.1.2.4. Actions taken pursuant to DoD responsibilities under 10 U.S.C. 331-334
(reference (d)), relating to the use of the military forces with respect to insurgency or domestic violence or conspiracy that hinders the execution of State or Federal law in specified circumstances. Actions under this authority are governed by DoD Directive 3025.12 (reference (l)).


E4.1.2.5. Actions taken under express statutory authority to assist officials in executing the laws, subject to applicable limitations. The laws that permit direct military participation in civilian law enforcement, include the following:



E4.1.2.5.1. Protection of national parks and certain other Federal lands. See 16
U.S.C. 23, 78, and 593 (reference (y)).


E4.1.2.5.2. Enforcement of the Fishery Conservation and Management Act of
1976. See 16 U.S.C. 1861(a) (reference (y)).


E4.1.2.5.3. Assistance in the case of crimes against foreign officials, official
guests of the United States, and other internationally protected persons. See 18 U.S.C. 112 and 1116 (reference (z)).


E4.1.2.5.4. Assistance in the case of crimes against members of Congress. See
18 U.S.C. 351 (reference (z)).


E4.1.2.5.5.5. Assistance in the case of crimes involving nuclear materials. See
18 U.S.C. 831 (reference (z)).


E4.1.2.5.6. Protection of the President, Vice President, and other designated
dignitaries. See 18 U.S.C. 1751 and the Presidential Protection Assistance Act of 1976 (reference (z)).


E4.1.2.5.7. Actions taken in support of the neutrality laws. See 22 U.S.C. 408
and 461-462 (reference (aa)).


E4.1.2.5.8. Removal of persons unlawfully present on Indian lands. See 25
U.S.C. 180 (reference (bb)).


E4.1.2.5.9. Execution of quarantine and certain health laws. See 42 U.S.C. 97
(reference (cc)).


E4.1.2.5.10. Execution of certain warrants relating to enforcement of specified
civil rights laws. See 42 U.S.C. 1989 (reference (cc)).


E4.1.2.5.11. Removal of unlawful inclosures from public lands. See 43 U.S.C.
1065 (reference (dd)).


E4.1.2.5.12. Protection of the rights of a discoverer of a guano island. See 48
U.S.C. 1418 (reference (ee)).


E4.1.2.5.13. Support of territorial governors if a civil disorder occurs. See 48
U.S.C. 1422 and 1591 (reference (ee)).


E4.1.2.5.14. Actions in support of certain customs laws. See 50 U.S.C. 220
(reference (ff)).
E4.1.3. Restrictions on Direct Assistance. Except as otherwise provided in this enclosure, the
prohibition on the use of military personnel "as a posse comitatus or otherwise to execute the laws" prohibits the following forms of direct assistance:

E4.1.3.1. Interdiction of a vehicle, vessel, aircraft, or other similar activity.

E4.1.3.2. A search or seizure.

E4.1.3.3. An arrest, apprehension, stop and frisk, or similar activity.

E4.1.3.4. Use of military personnel for surveillance or pursuit of individuals, or as
undercover agents, informants, investigators, or interrogators.

## E4.1.4. Training



E4.1.4.1. The Military Departments and Defense Agencies may provide training to Federal, State, and local civilian law enforcement officials. Such assistance may include training in the operation and maintenance of equipment made available under section E3.1. of enclosure E3. This does not permit large scale or elaborate training, and does not permit regular or direct involvement of military personnel in activities that are fundamentally civilian law enforcement operations, except as otherwise authorized in this enclosure.


E4.1.4.2. Training of Federal, State, and local civilian law enforcement officials shall be provided under the following guidance:


E4.1.4.2.1. This assistance shall be limited to situations when the use of non-
DoD personnel would be unfeasible or impractical from a cost or time perspective and would not otherwise compromise national security or military preparedness concerns.



E4.1.4.2.2. Such assistance may not involve DoD personnel in a direct role in a law enforcement operation, except as otherwise authorized by law.



E4.1.4.2.3. Except as otherwise authorized by law, the performance of such assistance by DoD personnel shall be at a location where there is not a reasonable likelihood of a law enforcement confrontation.

E4.1.5. Expert Advice. Military Departments and Defense Agencies may provide expert advice to Federal, State, or local law enforcement officials in accordance with 10 U.S.C. 371-378 (reference (d)). This does not permit regular or direct involvement of military personnel in activities that are fundamentally civilian law enforcement operations, except as otherwise authorized in this enclosure.

E4.1.6. Use of DoD Personnel to Operate or Maintain Equipment. The use of DoD personnel to operate or maintain or to assist in operating or maintaining equipment shall be limited to situations when the training of non-DoD personnel would be unfeasible or impractical from a cost or time perspective and would not otherwise compromise national security or military preparedness concerns.


E4.1.6.1. In general, the head of the civilian law enforcement agency may request a Military Department or Defense Agency to provide DoD personnel to operate or maintain or assist in operating or maintaining equipment for the civilian agency. This assistance shall be subject to the following guidance:


E4.1.6.1.1. Such assistance may not involve DoD personnel in a direct role in a law enforcement operation (see subsection E4.1.3., above), except as provided in paragraph E4.1.6.3., below, or as otherwise authorized by law.



E4.1.6.1.2. Except as otherwise authorized by law, the performance of such assistance by DoD personnel shall be at a location where there is not a reasonable likelihood of a law enforcement confrontation.



E4.1.6.1.3. The use of military aircraft to provide point-to-point transportation and training flights for civilian law enforcement officials may be provided only in accordance with DoD 4515.13-R (reference (h)).


E4.1.6.2. Additional provisions concerning drug, customs, immigration, and certain other laws: a request under this provision for DoD personnel to operate or maintain or to assist in operating or maintaining equipment made available under section E3.1. of enclosure E3. may be made by the head of a civilian agency empowered to enforce the following laws:


E4.1.6.2.1. The Controlled Substances Act (reference (gg)) or the Controlled Substances Import and Export Act (reference (hh)).



E4.1.6.2.2. Any of Sections 274 through 278 of the Immigration and Nationality Act (reference (ii)).



E4.1.6.2.3. A law relating to the arrival or departure of merchandise, as defined in Section 1401 of the Tariff Act of 1930 (reference (jj)), into or out of the Customs territory of the United States, as defined in the Tariff Schedules of the United States, (reference (jj)) or any other territory or possession of the United States; or


E4.1.6.2.4. Any other law that establishes authority for DoD personnel to provide direct assistance to civilian law enforcement officials. In addition to the assistance authorized under this paragraph, the following assistance may be provided:


E4.1.6.2.4.1. DoD personnel may be assigned to operate or assist in operating equipment to the extent the equipment is used for monitoring and communicating to civilian law enforcement officials the movement of air and sea traffic with respect to any criminal violation of the laws specified in paragraph E4.1.2.5., above. This includes communicating information concerning the relative position of civilian law enforcement officials and other air and sea traffic.



E4.1.6.2.4.2. In an emergency circumstance, equipment operated by or with the assistance of DoD personnel may be used outside the land area of the United States (or any Commonwealth, territory, or possession of the United States) as a base of operations by Federal law enforcement officials to facilitate the enforcement of a law in subparagraph E4.1.2.3.1., above, and to transport such law enforcement officials in connection with such operations, subject to the following limitations:


E4.1.6.2.4.2.1. Equipment operated by or with the assistance of DoD personnel may not be used to interdict or interrupt the passage of vessels or aircraft, except when DoD personnel are otherwise authorized to take such action with respect to a civilian law enforcement operation.



E4.1.6.2.4.2.2. There must be a joint determination by the Secretary of Defense and the Attorney General that an emergency circumstance exists under 10 U.S.C. 374(c) (2) (reference (d)). An emergency circumstance may be determined to exist for purposes of this subparagraph only when the size and scope of the suspected criminal activity in a given situation poses a serious threat to the interests of the United States; and enforcement of laws in paragraph E4.1.2.5., above, would be impaired seriously if the assistance described in this subparagraph were not provided.



E4.1.6.2.4.3. The emergency authority in this subparagraph may be used only with respect to large scale criminal activity at a particular point in time or over a fixed period. It does not permit use of this authority on a routine or extended  19 ENCLOSURE 4 basis.



E4.1.6.2.4.4. Nothing in this subparagraph restricts the authority of military personnel to take immediate action to save life or property or to protect a Federal function as provided in paragraph E4.1.2.2., above.



E4.1.6.3. When DoD personnel are otherwise assigned to provide assistance with respect to the laws specified in paragraph E4.1.2.5., above, the participation of such personnel shall be consistent with the limitations in such laws, if any, and such restrictions as may be established by the Secretary of Defense, the ASD(FM&P), or the Secretaries of the Military Departments and the Directors of the Defense Agencies concerned.


E4.1.7. Other Permissible Assistance. The following forms of indirect assistance are not restricted by the Posse Comitatus Act (reference (d)) (see enclosure E3.):


E4.1.7.1. Transfer of information acquired in the normal course of military operations. See enclosure E2.



E4.1.7.2. Such other actions, approved in accordance with procedures established by the Secretaries of the Military Departments and the directors of the Defense Agencies concerned, that do not subject civilians to use military power that is regulatory, prescriptive, or compulsory. E4.2. EXCEPTIONS BASED ON STATUS The restrictions in section E4.1., above, do not apply to the following persons:
E4.2.1. A member of a Reserve component when not on active duty, active duty for training, or inactive duty for training.


E4.2.2. A member of the National Guard when not in the Federal Service.


E4.2.3. A civilian employee of the Department of Defense. If the civilian employee is under the direct command and control of a military officer, assistance will not be provided unless it would be permitted under section E4.3., below.


E4.2.4. A member of a Military Service when off duty, and in a private capacity. A
member is not acting in a private capacity when assistance to law enforcement officials is rendered under the direction or control of DoD authorities. E4.3. EXCEPTIONS BASED ON MILITARY SERVICE DoD guidance on the Posse Comitatus Act (reference (v)), as stated in enclosure E3., is applicable to the Department of the Navy and the Marine Corps as a matter of DoD policy, with such exceptions as may be provided by the Secretary of the Navy on a case-by-case basis. E4.3.1. Such exceptions shall include requests from the Attorney General for assistance under 21 U.S.C. 873(b) (reference (kk)).

E4.3.2. Prior approval from the Secretary of Defense shall be obtained for exceptions that are likely to involve participation by members of the Navy or Marine Corps in an interdiction of a vessel or aircraft, a law enforcement search or seizure, an arrest, apprehension, or other activity that is likely to subject civilians to use military power that is regulatory, prescriptive, or compulsory. Such approval may be granted only when the head of the civilian agency concerned verifies that:
E4.3.2.1. The size or scope of the suspected criminal activity poses a serious threat to the interests of the United States and enforcement of a law within the jurisdiction of the civilian agency would be impaired seriously if the assistance were not provided because civilian assets are not available to perform the missions; or E4.3.2.2. Civilian law enforcement assets are not available to perform the mission and temporary assistance is required on an emergency basis to prevent loss of life or wanton destruction of property. E4.4. MILITARY PREPAREDNESS Assistance may not be provided under this enclosure if such assistance could adversely affect national security or military preparedness. The implementing documents issued by the Secretaries of the Military Departments and the Directors of the Defense Agencies shall ensure that approval for the disposition of equipment is vested in officials who can assess the impact of such disposition on national security and military preparedness. E4.5. APPROVAL AUTHORITY

Requests by civilian law enforcement officials for use of DoD personnel in civilian law enforcement functions shall be forwarded to the appropriate approval authority under the guidance in this section.
E4.5.1. The use of DoD personnel in civil disturbances and related matters is governed by DoD
Directive 3025.12 (reference (l)), which includes the approval authorities.
E4.5.2. Approval authority for assistance to the government of the District of Columbia is
governed by DoD Directive 5030.46 (reference (u)).
E4.5.3. The following governs approval for assistance to civilian law enforcement officials in
other circumstances.

E4.5.3.1. The Secretary of Defense is the approval authority for requests that involve
assignment of 50 or more DoD personnel or a period of assignment of more than 30 days.

E4.5.3.2. The Secretaries of the Military Departments and Directors of Defense Agencies
may approve the following types of assistance, except as provided in E4.5.3.1., above:


E4.5.3.2.1. Use of DoD personnel to provide training or expert advice in
accordance with subsections E4.1.4. and E4.1.5., above.


E4.5.3.2.2. Use of DoD personnel for equipment maintenance in accordance
with subparagraph E4.1.6.2.1., above.


E4.5.3.2.3. Use of DoD personnel to monitor and communicate the movement of
air and sea traffic in accordance with subparagraph E4.1.6.2.1., above.

E4.5.3.3. The ASD(FM&P) is the approval authority for other requests for assignment of
personnel. This authority may be delegated to the Secretaries of the Military Departments and the Directors of the Defense Agencies with respect to specific categories of assistance.

E4.5.3.4. Requests that involve DoD intelligence components are subject to the
limitations in DoD Directive 5240.1 (reference (b)) and DoD 5240.1-R (reference (f)), and are subject to approval by the Secretary of Defense.

E4.5.3.5. The views of JCS shall be obtained on all requests that are considered by the
Secretary of Defense or the ASD(FM&P) or that otherwise involve personnel assigned to a Unified or Specified Command.


E4.5.3.6. The view of the ASD(RA) shall be obtained on all requests that are to be
considered by the Secretary of Defense or the ASD(FM&P) that involve Reserve component personnel or equipment.

E4.5.3.7. All requests, including those in which subordinate authorities recommend
denial, shall be submitted promptly to the approving authority using the format and channels established by the ASD(FM&P). Requests will be forwarded and processed according to priority. E4.6. FUNDING Funding requirements for assistance under this enclosure shall be established by the ASD(FM&P) under the guidance in enclosure E5.

## E5. Enclosure 5 Funding E5.1. Establishment Of Guidance

Funding requirements and related reporting procedures shall be established by the ASD(FM&P), after consultation with the Assistant Secretary of Defense (Comptroller) (ASD(C)), subject to the guidance of this enclosure.

E5.2. PROCEDURAL REQUIREMENTS
E5.2.1. As a general matter, reimbursement is required when equipment or services are provided to agencies outside the Department of Defense. The primary sources of law for reimbursement requirements are the Economy Act (reference (i)) for Federal agencies and the Leasing Statute, 10 U.S.C. 2667 (reference (d)). Other statutes may apply to particular types of assistance. (See section E3.1. of enclosure E3.)
E5.2.2. If reimbursement is not required by law for a particular form of assistance, the authority to waive reimbursement is delegated to the ASD(FM&P). The ASD(FM&P) may delegate to the Secretaries of the Military Departments and the Directors of the Defense Agencies (or designees) the authority to waive reimbursement on matters within their approval authority. See 10 U.S.C. 377 (reference (d)). The dollar value of a waiver shall be determined in accordance with Chapter 26 of DoD 7220.9-M (reference
(ll)). A request for waiver may be granted if reimbursement is not otherwise required by law and: E5.2.2.1. Is provided as an incidental aspect of the activity that is conducted for military purposes. E5.2.2.2. Involves the use of DoD personnel in an activity that provides DoD training operational benefits that are substantially equivalent to the benefit of DoD training or operations.

E5.2.3. The Secretary of the Military Department or the Director of the Defense Agency (or his or her designees) may request the views of the Joint Chiefs of Staff when acting on a request for waiver of reimbursement when such waiver may adversely affect military preparedness.

E5.2.4. In evaluating requests for waiver of reimbursement, consideration shall be given to the budgetary resources available to civilian law enforcement agencies. E5.3. MILITARY PREPAREDNESS Reimbursement may not be waived if deletion of such funds from a DoD account could adversely affect the national security or military preparedness of the United States.

## E6. Enclosure 6 Sample Format For Preparing, "Report On Support To Civilian Law Enforcement (Rcs Dd-Fm&P(Q)1595)"

 The quarterly report shall contain the following information for each request considered:
1. Number and type of assistance requested.

a. Facilities.


b. Information.

c. Equipment.


(1) Aircraft


(2) Vehicles


(3) Vessels


(4) Special (night vision goggles, weapons, etc.)


(5) Miscellaneous

d. Aviation Mission Support.


(1) Surveillance


(2) Identification aircraft support


(3) Logistics


(4) Miscellaneous

e. Surface Mission Support.


(1) Surveillance


(2) Ship services (towing, tactical law enforcement teams TACLETs, etc.)


(3) Logistics


(4) Miscellaneous

f. Ground-based Mission Support.


(1) Radar/Sensor Surveillance


(2) Aerostats


(3) Transportation of law enforcement personnel


(4) Border air and ground surveillance


(5) Logistics


(6) Miscellaneous

g. Explosive Ordnance Disposal.

h. Training provided to law enforcement agencies.

i. Personnel.

j. Other support not specifically addressed.
2. The length of time for which assistance is requested, if appropriate (if the request is for information or support for a brief time, enter "NA"). 3. Status of the requests:
a. Number approved.


b. Number denied.

c. Number pending.
4. A brief discussion of the reason for any denial. 5. Manhours/mandays expended to support law enforcement agencies.

DODD 5525.5, January 15, 1986


## E7. Enclosure 7 Aviation Assistance To Law Enforcement Agencies (Sample Format)

Surveillance

Region
Flight

 Passed to
Aircraft
State
 Sorties  Hours  Gained  LEA's   Remarks
E-2C

Pacific  18
76
10A
9
No CS support available
E-2C

Atlantic  23
88
13A
10
CHET successful intercept of one acft.


Flown by Reserves.
P-3C

Atlantic  103
712
 32S
28S
CG seized 3 vessels.
Identification
Region

Flight  Visual/IRDS
Detections
Aircraft State

Sorties Hours
Attempts
Successful
Remarks
OV-10 New Mexico
17
35
3A

1

Handover to USCS, 1200#


Marijuana seized.
Logistics/Miscellaneous Support
Region

Flight
Aircraft State

Sorties Hours
Remarks
UH-IN  Bahamas
332
299
Bahamas police seized 12,200# marijuana, 2000# cocaine.
RF-4C  Texas
4
7
Reconnaissance of remote airfields Abbreviation Key:
A - Airborne


SS - Secret Service
Acft- Aircraft


Res - Reserve
S - Surface


ANG - Air Nat'l Guard
L - Land


ARNG - Army Nat'l Guard
C S - U.S. Customs Service
LEA - Law Enforcement Agency
CG - U.S. Coast Guard

CHET - Customs High Endurance Tracker (aircraft)
D - DEA


IRDS - Infrared Detection System


Attachments - 1
E7.A1. Aid for Completing Aviation Assistance Portion of Quarterly Report

## E7.A1. Enclosure 7, Attachment 1 Aid For Completing Aviation Assistance Portion Of Quarterly Report

 Aviation assistance is the largest area of DoD support to law enforcement agencies. This section is used to report to DoD the Services' aviation assistance. The following is an aid to complete this section. Acft
- Aircraft," if flown by other than active duty units, indicate in the "Remarks" column
(e.g., Res, ANG, ARNG).

| Region State                                                           | - Where sorties were flown (e.g., Pacific, Caribbean, GA, TX, Bahamas, etc.).             |
|------------------------------------------------------------------------|-------------------------------------------------------------------------------------------|
| Sorties                                                                | - Number of flights flown by the platform aircraft during the quarter.                    |
| Flt Hrs.                                                               | - Number of flight hours flown by the aircraft during the quarter.                        |
| Detections                                                             | - Number of "raw data" detections against suspect air Gained or surface vessels.          |
| Detections                                                             | - The number of detections passed to law enforcement agency for possible investigation.   |
| Gained                                                                 |                                                                                           |
| Remarks                                                                | - Used for comments to specify sorties flown by Reserve, ARG, ARNG units; amplify         |
| support contributing to known law enforcement success or failure, etc. |                                                                                           |
| Visual/IRDS                                                            | - Applies to visual or infrared detection to identify suspect vessel.                     |
| Identification                                                         | - Aircraft (e.g., OV-10, OV-1) used to identify suspect aircraft prior to handover to the |
| U.S. Customs Service tracker/interceptor aircraft.                     |                                                                                           |

## Appendix **2-4:** Dodd 3025.12 - Military Assistance For Civil Disturbances Department Of Defense Directive

NUMBER 3025.12
February 4, 1994

USD(P)

 SUBJECT: Military Assistance for Civil Disturbances (MACDIS) References:
(a) DoD Directive 3025.12, "Employment of Military Resources in the Event of Civil Disturbances," August 19, 1971 (hereby canceled) (b) Executive Order, 12656 "Assignment of Emergency Preparedness Responsibilities," November 18, 1988 (c) DoD Directive 5160.54, "DoD Key Asset Protection Program (KAPP)," June 26,
1989
(d) DoD Directive 3025.1, "Military Support to Civil Authorities (MSCA)," January 15,
1993 (e) through (r), see enclosure 1

## 1. Reissuance And Purpose

This Directive reissues reference (a) to:
1.1. Update policy and responsibilities governing planning and response by the DoD Components for military assistance to Federal, State, and local government (including government of U.S. territories) and their law enforcement agencies for civil disturbances and civil disturbance operations, including response to terrorist incidents, which hereafter are referred to cumulatively as "Military Assistance for Civil Disturbances (MACDIS)." 1.2. Designate the Secretary of the Army as the "DoD Executive Agent for MACDIS." 1.3. Ensure continuous planning by the DoD Components, both in the Department of Defense and in cooperation with civil government agencies for MACDIS operations that may be required during any time or condition of peace, war, or transition to war, including any national security emergency, as defined in reference (b).

1.4. Provide for the inclusion in MACDIS of appropriate measures to support civil law enforcement in providing for the physical security of Federal property and DoD key assets (as defined by reference (c)) when they are threatened by a civil disturbance or terrorist incident.

1.5. Facilitate the coordination of MACDIS with Military Support to Civil Authorities (MSCA)
under reference (d), when required in civil emergencies, particularly those following any attack on the United States.

1.6. Authorize the publication of DoD 3025.12-R, "Military Assistance for Civil Disturbances
(MACDIS) Regulation," consistent with DoD 5025.1-M (reference (e)), at the election of the DoD Executive Agent. Alternatively, the DoD Executive Agent is authorized to include in the DoD Civil Disturbance Plan (GARDEN PLOT) all material that might otherwise be publishable by a DoD Regulation, to provide administrative and logistics procedures and operational guidance for implementation of this Directive by all the DoD Components.

2. APPLICABILITY AND SCOPE This Directive: 2.1. Applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as "the DoD
Components"). The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, the Marine Corps, and the U.S. Coast Guard (USCG) (when it is operating, or planning for operations, as a Service of the Navy).

2.2. Shall govern MACDIS activities of all the DoD Components in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions.

2.3. Normally, shall be applied separately from DoD Directives 5525.5 and 5030.46 (references (f)
and (g)). It may be applied with either or both references (f) and (g) under certain circumstances, as determined by the DoD Executive Agent.

2.4. Governs all planning and response by the DoD Components for MACDIS. Where applicable in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions, contingency war plans also shall provide for use of the DoD Executive Agency established in subparagraph 4.3.1., this Directive, until otherwise directed by the Secretary of Defense.

2.5. Shall not include responsibility for response to aircraft piracy or counterdrug operations that are governed by other legal authorities and DoD Directives. Responsibilities of the DoD Components for aircraft piracy and counterdrug operations shall be communicated by the Chairman of the Joint Chiefs of Staff for the Secretary of Defense under authorities other than this Directive.

## 3. Definitions Terms Used In This Directive Are Defined In Enclosure 2. 4. Policy 4.1. National Policy


4.1.1. The President is authorized by the Constitution and laws of the United States to employ the Armed Forces of the United States to suppress insurrections, rebellions, and domestic violence under various conditions and circumstances. Planning and preparedness by the Federal Government and the Department of Defense for civil disturbances are important due to the potential severity of the consequences of such events for the Nation and the population.

4.1.2. Military resources may be employed in support of civilian law enforcement operations in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions only in the parameters of the Constitution and laws of the United States and the authority of the President and the Secretary of Defense, including delegations of that authority through this Directive or other means.

4.1.3. The primary responsibility for protecting life and property and maintaining law and order in the civilian community is vested in the State and local governments. Supplementary responsibility is vested by statute in specific Agencies of the Federal Government other than the Department of Defense. The President has additional powers and responsibilities under the Constitution of the United States to ensure that law and order are maintained.


4.1.4. Responsibility for the management of the Federal response to civil disturbances rests with the Attorney General of the United States.


4.1.5. Any employment of Military Forces in support of law enforcement operations shall maintain the primacy of civilian authority. Requests from the Attorney General to the Department of Defense shall be provided in response to an official request by State or Federal civil law enforcement or Executive authorities.


4.1.6. The employment of U.S. Military Forces to control civil disturbances shall be authorized by the President through an Executive order directing the Secretary of Defense to act in a specified civil jurisdiction under specific circumstances.


4.1.7. Planning by the DoD Components for MACDIS shall be compatible with contingency plans for national security emergencies, and with planning for MSCA under DoD Directive 3025.1 (reference (d)). For example:

4.1.7.1. Under E.O. 12656 (reference (b)), it is the policy of the Federal Government to have sufficient capabilities at all levels of government to meet essential defense and civilian needs during any national security emergency. That policy directs the Heads of the Federal Departments and Agencies to identify facilities and resources, both Government and private, essential to the national defense and national welfare, and to develop strategies, plans, and programs to provide for the security of such facilities and resources, and avoid or minimize disruptions during any national security emergency. In some circumstances, risks to such facilities and resources may coincide with or constitute civil disturbances.


4.1.7.2. Under the national civil defense policy, the Department of Defense shall support civil authorities in civil defense, to include facilitating the use of the National Guard in each State for response in both peacetime disasters and national security emergencies. In some circumstances, an attack may coincide with or encompass civil disturbances.

## 4.2. Department Of Defense Policy



4.2.1. The DoD Executive Agent under this Directive shall be the principal point of contact between the Department of Defense and the Department of Justice (DoJ) for planning and executing MACDIS.


4.2.2. Military Forces shall not be used for MACDIS unless specifically authorized by the President, except in the following emergency circumstances. In these circumstances, responsible DoD officials and commanders will use all available means to seek Presidential authorization through the chain of command while applying their emergency authority under this Directive.



4.2.2.1. When the use of Military Forces is necessary to prevent loss of life or wanton destruction of property, or to restore governmental functioning and public order. That "emergency authority" applies when sudden and unexpected civil disturbances (including civil disturbances incident to earthquake, fire, flood, or other such calamity endangering life) occur, if duly constituted local authorities are unable to control the situation and circumstances preclude obtaining prior authorization by the President.



4.2.2.2. When duly constituted State or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental functions, Federal action (including the use of Military Forces) is authorized, as necessary, to protect the Federal property or functions.


4.2.3. Military Forces shall be made available for MACDIS, consistent with DoD
priorities, which shall be coordinated by the DoD Executive Agent, as required by this Directive.


4.2.4. The DoD Components shall strictly comply with planning and operational guidance from the DoD Executive Agent.


4.2.5. The Military Forces employed in MACDIS operations shall remain under military command and control at all times.


4.2.6. The pre-positioning of Military Forces for MACDIS operations shall not exceed a battalion-sized unit unless a larger force is authorized by the President.


4.2.7. The DoD Components shall not take charge of any function of civil government unless absolutely necessary under conditions of extreme emergency. Any commander who is directed, or undertakes, to control such functions shall strictly limit military actions to the emergency needs, and shall facilitate the reestablishment of civil responsibility at the earliest time possible.


4.3. Delegations of Authority. The Secretary of Defense shall be assisted in executing his responsibility for MACDIS by the following:

4.3.1. The Secretary of the Army shall be the DoD Executive Agent and shall act for the Secretary of Defense in accordance with this Directive and any supplemental direction or guidance received from the Secretary of Defense. In that capacity, the DoD Executive Agent shall develop planning guidance, plans, and procedures for MACDIS, in accordance with this Directive. The DoD Executive Agent has the authority of the Secretary of Defense to task the DoD Components to plan for and to commit DoD resources, in response to requests from civil authorities under MACDIS. The DoD Executive Agent shall coordinate with the Chairman of the Joint Chiefs of Staff any commitment of Military Forces assigned to the Combatant Commands.


4.3.2. The Chairman of the Joint Chiefs of Staff shall communicate to the Commanders of the Combatant Commands appropriate guidance issued by the DoD Executive Agent for their compliance with this Directive, and also shall assist the DoD Executive Agent in developing MACDIS planning guidance for all conditions of war or attacks on the United States or its territories.



4.3.3. The Commander in Chief, U.S. Atlantic Command (USCINCACOM); the Commander in Chief, U.S. Pacific Command (USCINCPAC); and the Commander in Chief, U.S. Special Operations Command (USCINCSOC), shall serve as DoD Planning Agents for MACDIS. Under guidance issued by the DoD Executive Agent, after coordination with the Chairman of the Joint Chiefs of Staff, the DoD Planning Agents shall conduct MACDIS planning, execute MACDIS as directed by the DoD
Executive Agent, and lead MACDIS planning activities of the DoD Components in the following areas:


4.3.3.1. The USCINCACOM (48 contiguous States, the District of Columbia, the Commonwealth of Puerto Rico, and the territory of the U.S. Virgin Islands).



4.3.3.2. USCINCPAC (Alaska, Hawaii, and the U.S. possessions, and territories in the Pacific area).



4.3.3.3. USCINCSOC (For DoD response to a terrorist incident).


4.3.4. For response to domestic terrorist incidents and other purposes, the DoD Executive Agent shall obtain authority from the Secretary of Defense for any employment of U.S. counterterrorism forces. The DoD Executive Agent shall coordinate with the Chairman of the Joint Chiefs of Staff any request, contingency plan, directive, or order affecting the employment of such forces and, simultaneously, shall provide all applicable information to the Assistant Secretary of Defense (Special Operations and Low- Intensity Conflict), who provides policy oversight for the Secretary of Defense, in accordance with DoD Directive 5138.3 (reference (h)).


4.3.5. The Secretary of Defense reserves the authority to modify or terminate the Executive Agency established by this Directive if operational needs so require in a particular situation.

4.4. MACDIS Policy

4.4.1. The DoD Components shall respond to requirements of the DoD Executive Agent and DoD Planning Agents for MACDIS planning and operations, in accordance with any of the following:


4.4.1.1. This Directive;



4.4.1.2. DoD 3025.12-R, if published;


4.4.1.3. The DoD Civil Disturbance Plan ("GARDEN PLOT"); or


4.4.1.4. Any other plans or orders published by the DoD Executive Agent.


4.4.2. To ensure essential control and sound management of all Military Forces employed in MACDIS operations, centralized direction from the DoD Executive Agent shall guide planning by the DoD Components, whether alone or with civil authorities; and execution of MACDIS missions shall be decentralized through the DoD Planning Agents or other Joint Task Force Commanders only when specifically directed by the DoD Executive Agent.


4.4.3. MACDIS operations are unprogrammed emergency requirements for the Department of Defense. DoD Instruction 7200.9 (reference (i)) prescribes procedures for financing and reporting costs associated with civil disturbance operations. The DoD Components shall comply with the procedures in that Instruction to determine whether financing is to be accomplished on a reimbursable or non-reimbursable basis.


4.4.4. MACDIS plans and preparedness measures must foster efficient employment of Federal resources controlled by the National Guard (whether employed under State or Federal authority), as well as resources of the DoD Components.

4.5. Role of the National Guard

4.5.1. Army and Air National Guard Forces have primary responsibility for providing military assistance to State and local government agencies in civil disturbances, normally serving on State active duty status under the command of the State's governor, in accordance with State law.



4.5.2. Federal Forces shall not be placed under the command of National Guard authorities who are not on Federal active duty. Federal Military Forces may conduct MACDIS operations with National Guard Forces, or otherwise support National Guard Forces that are operating under State orders.


4.5.3. National Guard Forces may be ordered into Federal service to ensure unified command and control of all Military Forces for MACDIS operations, if the President determines that action to be necessary in extreme circumstances.


4.5.4. The Army National Guard State Area Commands (STARCs) shall plan for contingency use of non-Federalized National Guard Forces for civil disturbance operations, and to facilitate MACDIS operations within its State, if federalized.

4.6. Cooperation With Civil Agencies

4.6.1. The Attorney General of the United States is designated to receive and coordinate preliminary requests for MACDIS from civil agencies.



4.6.1.1. Formal requests shall be addressed to the President, who shall determine the Federal action to be taken.



4.6.1.2. In the DoJ, the Federal Bureau of Investigation (FBI) leads the operational response to a civil disturbance incident.



4.6.1.3. The President may provide, through the Attorney General or other source, a personal representative to communicate the President's policy guidance to the military commander for MACDIS operations. That representative may augment, but shall not replace, the military chain of command. In addition, an individual may be designated by the Attorney General as the Senior Civilian Representative of the Attorney General.


4.6.2. The DoD Executive Agent shall represent the Department of Defense in coordinating with the DoJ on MACDIS planning and execution.


4.6.3. The DoD Executive Agent also shall represent the Department of Defense in coordinating MACDIS planning and execution with other Federal and State law enforcement agencies, and shall delegate authority for such coordination to others, as appropriate.

4.7. DoD Key Asset Protection Program (KAPP)

4.7.1. DoD Directive 5160.54 (reference (c)) directs compliance by the Department of Defense with E.O. 12656 (reference (b)), in part, through establishing the DoD KAPP to ensure the identification, planning, and protection of key industrial and infrastructure assets not owned by the Department of Defense, but of critical importance to the Department of Defense

4.7.2. MACDIS shall not include any responsibility to develop plans to protect specific DoD key assets. The DoD Executive Agent and the DoD Planning Agents established by this Directive shall be cognizant of the KAPP, and shall do the following:


4.7.2.1. Plan to provide assistance to civil law enforcement, if required, to ensure the physical security of DoD key assets, if necessary, as a primary or secondary mission with MACDIS operations.



4.7.2.2. Prepare to use existing plans for the protection of DoD key assets to help MACDIS operations, where such plans can increase effectiveness and efficiency of Military Forces under conditions short of mobilization or attack.



4.8. Domestic Terrorist Incidents

4.8.1. Responsibility for managing the Federal response to acts of terrorism in the United States rests with the Attorney General of the United States.



4.8.1.1. The Attorney General coordinates all Federal Government activities during a major terrorist incident and advises the President as to whether and when to commit Military Forces in response to such a situation.



4.8.1.2. In the DoJ, the lead Agency for the operational response to a terrorist incident is the FBI. The initial tactical response to such incidents is made by the FBI Special Agent in Charge at the scene, under the supervision of the Director of the FBI, who has overall responsibility for ongoing operations to contain and resolve the incident.


4.8.2. All military preparations and operations, including the employment of Military Forces at the scene, for any terrorist incident in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions, shall be the primary responsibility of the DoD Executive Agent under this Directive.



4.8.2.1. In discharging those functions, the DoD Executive Agent shall observe such law enforcement policies as the Attorney General may determine.



4.8.2.2. When a terrorist incident develops, having a potential for military involvement, the DoD Executive Agent may dispatch military observers to the incident site, on mutual agreement between Department of Defense and the FBI, to appraise the situation before any decision is made to commit Federal Military Forces. Any dispatch of U.S. counterterrorism forces as observers shall be specifically authorized by the Secretary of Defense through the Chairman of the Joint Chiefs of Staff.


4.8.3. When U.S. counterterrorism forces are authorized to assist with the resolution of a domestic terrorist incident, the Chairman of the Joint Chiefs of Staff shall issue the appropriate order for the Secretary of Defense. That order shall designate the command relationships for the deploying forces.

5. RESPONSIBILITIES


5.1. The Under Secretary of Defense for Policy shall:

5.1.1. Exercise policy oversight of MACDIS for the Secretary of Defense, and ensure compatibility of MACDIS with National Security Emergency Preparedness, in accordance with DoD
Directive 3020.36 and E.O. 12656 (references (j) and (b)).


5.1.2. Assist the DoD Executive Agent in coordinating DoD policy governing MACDIS
with the DoJ and other Federal and State agencies, and with the DoD Components, as required.

5.2. The Comptroller of the Department of Defense shall facilitate accounting procedures that shall enable the Department of Defense to respond expeditiously to all emergency requirements for MACDIS.

5.3. The Assistant to the Secretary of Defense for Public Affairs shall:


5.3.1. Advise the DoD Executive Agent, the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the DoD Planning Agents, and others, as required, on public affairs matters impacting on MACDIS.



5.3.2. Provide assistance and guidance to the DoD Executive Agent, and provide personnel to serve as DoD points of contact with other Federal and State or local civil agencies on public affairs matters, as required, for MACDIS operations.

5.4. The Assistant Secretary of Defense (Legislative Affairs) shall:

5.4.1. Advise the DoD Executive Agent, the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the DoD Planning Agents, and others, as required, on legislative affairs impacting on MACDIS.


5.4.2. Provide legislative liaison on all matters involving MACDIS, including guidance to the DoD Executive Agent (and to others as appropriate) on the release of information to the Congress related to assistance given to civil authorities during MACDIS operations.

5.5. The Assistant Secretary of Defense (Special Operations and Low-Intensity Conflict) shall:

5.5.1. Facilitate and support planning by the DoD Executive Agent under this Directive for the contingent use of U.S. counterterrorism forces in response to domestic terrorist incidents.


5.5.2. Provide civilian policy oversight for the Secretary of Defense, and provide policy recommendations on the use of U.S. counterterrorism forces.

5.6. The Assistant Secretary of Defense (Reserve Affairs) shall provide advice to the DoD
Executive Agent, the Chairman o the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, and others, as required on Reserve component matters impacting on MACDIS, particularly any consideration of the activation of Reserve component forces or the federalization of the National Guard for MACDIS operations.

5.7. The General Counsel of the Department of Defense shall advise the Secretary of Defense and the Under Secretary of Defense for Policy, as required, on legal matters impacting on MACDIS, and assist the DoD Executive Agent, as required.

5.8. The Chairman of the Joint Chiefs of Staff shall:

5.8.1. Advise the Secretary of Defense and the DoD Executive Agent on policies, responsibilities, and programs bearing on MACDIS.


5.8.2. In coordination with the DoD Executive Agent, facilitate communications by the DoD Executive Agent with Commanders of Combatant Commands, as appropriate.


5.8.3. Ensure the compatibility of MACDIS plans with other military plans.


5.8.4. Assist in the DoD Executive Agent's determination of military units and capabilities sufficient for all contingencies of the GARDEN PLOT plan.


5.8.5. Support training for and coordinated evaluation of MACDIS plans and capabilities by the Commanders of the Combatant Commands through exercises or other means, as appropriate.

5.9. The Secretary of the Army, as the DoD Executive Agent, shall:

5.9.1. Provide for participation by all the components of the Army in MACDIS planning, in accordance with this Directive; and ensure readiness of Active and Reserve components of the Army to execute plans for MACDIS.


5.9.2. Represent the Secretary of Defense in communications and negotiations on MACDIS with the DoJ or other Agencies of Federal, State, or local government.



5.9.3. Coordinate with the Chairman of the Joint Chiefs of Staff, in advance, for the employment of forces assigned to the Combatant Commands in MACDIS missions.


5.6.4. Use the "Directorate of Military Support (DOMS)" established by the Secretary of the Army, as the DoD Executive Agent under DoD Directive 3025.1 (reference (d)), to also serve as the principal coordinator of duties of the DoD Executive Agent under this Directive.


5.9.5. Establish guidance, through the National Guard Bureau, for the Adjutants General of the 50 States, the District of Columbia, the territory of Guam, the Commonwealth of Puerto Rico, and the territory of the Virgin Islands to ensure compliance by the National Guard with this Directive. Such guidance shall provide for the following:


5.9.5.1. Resourcing the National Guard for MACDIS planning and response tasks. This shall include nonstandard equipment and materiel items required for MACDIS (e.g., body and face shields, and riot batons, etc.).



5.9.5.2. National Guard interfaces with commands and installations of all the Services, including the DoD Planning Agents, and with State civil agencies. 5.9.5.3. National Guard acceptance, support, and utilization of liaison and augmentation from all Military Services, as appropriate.



5.9.5.4. Continuous evaluation of the capabilities of the Army National Guard to deal with civil disturbances when operating under either State or Federal authority, and facilitate training for the enhancement of those capabilities.

5.9.6. With the Secretaries of the Military Departments and the Assistant Secretary of Defense
(Reserve Affairs), establish DoD policies and procedures for timely action to:


5.9.6.1. Call the Army and Air National Guard to active Federal service;


5.9.6.2. Order the National Guard or other Reserve components to active duty;
and


5.9.6.3. Employ such forces, when any of such actions are authorized by law, to carry out this Directive under specific conditions and circumstances. (See 10 U.S.C. 331-335 and 672 (d) (reference (k)).)

5.9.7. Direct the DoD Planning Agents designated in subparagraph 4.3.3., above, to develop generic and incident-specific plans for MACDIS. 5.9.8. Promulgate orders, rules, and regulations, as appropriate, to govern all MACDIS operations in which the use of force or deadly force is or can be authorized, and all essential guidance on applicability of the the Insurrection Act and the Posse Comitatus Act (references (k) and (l)). Also ensure that all Joint Task Force or other commanders who are authorized to execute MACDIS missions promulgate supplemental rules of engagement and rules for the use of force, to cover the current circumstances of each MACDIS operation.


5.9.10. Maintain liaison with the DoJ and other Federal law enforcement agencies for MACDIS.


5.9.11. In accordance with the DoD Directives 5200.27 and 5240.1 (references (m) and
(n)), and all governing regulations promulgated thereunder, the DoD Executive Agent shall promulgate policy guidelines and operational procedures that shall restrict, to the maximum extent consistent with effective conduct of MACDIS missions, the collection, retention, and dissemination of information on persons not affiliated with Department of Defense in support of MACDIS planning and operations.


5.9.12. Develop or select, and recommend to the DoD Components, MACDIS training programs, courses, and materials. Include specialized training for liaison officers and elements who will provide DoD interface with the National Guard, or with Federal and State law enforcement agencies when authorized, for MACDIS operations.


5.9.13. Publish planning guidance, administrative and logistics procedures, rules and regulations, and orders, to be followed by the DoD Components in providing resources for MACDIS. Such essential guidance and direction may be published in DoD 3025.12-R, or covered under the GARDEN PLOT Plan, at the election of the DoD Executive Agent.


5.9.14. Delegate authority under this Directive, as appropriate, except that any authority delegated to the DoD Executive Agent by the Secretary of Defense for the use of U.S. counterterrorism forces may be redelegated in each instance only as specifically approved by the Secretary of Defense.

5.10. The Secretary of the Navy shall:

5.10.1. Provide for participation by all the components of the Navy and the Marine Corps in MACDIS planning, to include assigning planning agents as directed by the DoD Executive Agent.


5.10.2. Ensure the readiness of Active and Reserve components to execute plans for MACDIS.


5.10.3. Maintain liaison and coordinate planning with the Department of Transportation for participation by USCG forces in MACDIS.


5.10.4. Furnish technical advice and support for MACDIS planning and implementation in areas that are unique to the Navy, the Marine Corps, and the USCG.

5.11. The Secretary of the Air Force shall:

5.11.1. Provide for participation by all the components of the Air Force in MACDIS
planning, to include assigning planning agents as directed by the DoD Executive Agent.


5.11.2. Ensure readiness of Active and Reserve components to execute plans for MACDIS.


5.11.3. Facilitate planning by the Civil Air Patrol for participation in MACDIS.



5.11.4. Furnish technical advice and support for MACDIS planning and implementation
in areas that are unique to the Air Force and its wartime augmentation elements.
5.12. The Commander in Chief, U.S. Atlantic Command; the Commander in Chief, U.S. Pacific
Command; and the Commander in Chief, U.S. Special Operations Command shall:


5.12.1. In accordance with guidance from the DoD Executive Agent, as communicated through the Chairman of the Joint Chiefs of Staff:


5.12.1.1. Serve as DoD Planning Agents for MACDIS for the areas specified in subparagraph 4.3.3., above, and develop MACDIS plans and preparedness measures for their MACDIS areas of responsibility.



5.12.1.2. Ensure cooperative planning of operations for MACDIS between the DoD Components and other Federal or State civil agencies, as required.



5.12.1.3. Coordinate with the State Adjutants General through channels established by the Secretary of the Army.



5.12.1.4. Plan to perform any designated function of the DoD Executive Agent under this Directive, if ordered by the Secretary of Defense.



5.12.1.5. Evaluate MACDIS plans, preparedness measures, and training in joint civil military exercises.


5.12.2. Prepare and execute MACDIS as directed by the DoD Executive Agent. Employ liaison officers to coordinate emergency response operations with civil agencies, the National Guard, the Military Departments, and the other commanders in chief.

5.13. The Directors of the Defense Agencies shall:

5.13.1. Designate a "principal planning agent" and "regional planning agents" for MACDIS, and advise the DoD Executive Agent of such designated agents.


5.13.2. Ensure effective and efficient coordination of planning by subordinate elements with the STARCs, and State and local civil authorities, through the DoD Planning Agents, as directed by the DoD Executive Agent.


5.12.3. Furnish technical advice and support for MACDIS planning and implementation in areas that are uniquely within the competence of the Defense Agency.

6. INFORMATION REQUIREMENTS The reporting requirements in section 5., above, are exempt from licensing in accordance with DoD 8910.1-M (formerly DoD 7750.5-M) (reference (o)).

7. EFFECTIVE DATE AND IMPLEMENTATION
This Directive is effective immediately. The Secretary of the Army, as DoD Executive Agent, shall provide guidance to the other DoD Components, through DoD 3025.12-R, the DoD Civil Disturbance Plan (GARDEN PLOT), or both, in accordance with this Directive within 120 days; and the DoD Components shall revise existing documents or develop implementing documents, as necessary, to comply with that guidance and this Directive. Forward one copy of implementing documents to the Secretary of the Army within 120 days of receipt of that guidance.



/S/


William J. Perry



Secretary of Defense
 Enclosures - 2 E1. References, continued E2. Definitions

## E1. Enclosure 1 References, Continued


(h) DoD Directive 5138.3, "Assistant Secretary of Defense (Special Operations and Low-Intensity Conflict)," January 4, 1988 (i) DoD Instruction 7200.9, "Financing and Reporting Costs of Military Resources Used in Civil Disturbances," January 26, 1970
(j) DoD Directive 3020.36, "Assignment of National Security Emergency Preparedness (NSEP)
Responsibilities to DoD Components," November 2, 1988 (k) Sections 331-335 and 672 of title 10, United States Code, "The Insurrection Act" (l) Section 1385 of title 18, United States Code, "The Posse Comitatus Act" (m) DoD Directive 5200.27, "Acquisition of Information Concerning Persons and Organizations Not Affiliated with the Department of Defense," January 7, 1980 (n) DoD Directive 5240.1, "DoD Intelligence Activities," April 25, 1988
(o) DoD 8910.1-M, "DoD Procedures for Management of Information Requirements," November 1986
(p) Section 1472i of title 49, United States Code, "The Federal Aviation Act of 1958" (q) Section 2251 of title 50, United States Code, "The Federal Civil Defense Act of 1950" (r) Section 5121 of title 42, United States Code, "The Robert T. Stafford Disaster Relief and Emergency Assistance Act"f


## E2. Enclosure 2 Definitions


E2.1.1. Air Piracy. Any seizure or exercise of control, by force or violence, or threat of force or violence, or by any other form of intimidation, and with wrongful intent, of an aircraft. See 49 U.S.C. 1472i (reference (p)).

E2.1.2. Attack. Any attack or series of attacks by an enemy of the United States causing, or that may cause, substantial damage or injury to civilian property or persons in the United States (or its territories) in any manner, by sabotage or by the use of bombs, shellfire, or nuclear, radiological chemical, bacteriological, or biological means, or other weapons or processes. See 50 U.S.C. 2251 (reference (q)).

E2.1.3. Civil Defense. All those activities and measures designed or undertaken to do the following:

E2.1.3.1. Minimize the effects on the civilian population caused, or that would be caused, by an attack on the United States or by a natural or technological disaster.


E2.1.3.2. Deal with the immediate emergency conditions that would be created by any such attack or natural or technological disaster.


E2.1.3.3. Effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack or natural or technological disaster.

E2.1.4. Civil Disturbances. Group acts of violence and disorders prejudicial to public law and order in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. possessions and territories, or any political subdivision thereof. The term "civil disturbance" includes all domestic conditions requiring the use of Federal Armed Forces under this Directive. (Also see definition E2.1.12., below.)
E2.1.5. Civil Emergency. Any natural or manmade disaster or emergency that causes or could cause substantial harm to the population or infrastructure. That term can include a "major disaster" or "emergency," as those terms are defined in the Stafford Act, as amended (reference (r)), as well as consequences of an attack or a national security emergency. Under reference (r), the terms "major disaster" and "emergency" are defined substantially by action of the President in declaring that extant circumstances and risks justify Presidential implementation of the legal powers in those statutes.

E2.1.6. Civil Emergency Preparedness. The nonmilitary actions taken by Federal Agencies, the private sector, and individual citizens to meet essential human needs, to support the military effort, to ensure continuity of Federal authority at national and regional levels, and to ensure survival as a free and independent nation under all emergency conditions, including a national emergency caused by threatened or actual attack on the United States.

E2.1.7. Civil Government Resources. Civil resources owned by, controlled by, or under the jurisdiction of civilian Agencies of the U.S. Government, or of State and local government agencies.

E2.1.8. Civil Resources. Resources that normally are not controlled by the Government, including workforce, food and water, health resources, industrial production, housing and construction, telecommunications, energy, transportation, minerals, materials, supplies, and other essential resources and services. Such resources cannot be ordered to support needs of the public except by competent civil government authority.

E2.1.9. DoD Executive Agent. The individual designated by position to have and to exercise the assigned responsibility and delegated authority of the Secretary of Defense, as specified in this Directive.

E2.1.10. DoD Planning Agent. An individual designated by position to facilitate and coordinate MACDIS contingency planning (and MACDIS operations when ordered) by all the DoD Components in an assigned geographic area inaccordance with this Directive.

E2.1.11. DoD Resources. Military and civilian personnel, including Selected and Ready Reservists of the Military Services, and facilities, equipment, supplies, and services owned by, controlled by, or under the jurisdiction of a DoD Component.

E2.1.12. Domestic Terrorist Incident. A form of civil disturbance, that is a distinct criminal act that is committed or threatened to be committed by a group or single individual to advance a political objective, and which endangers safety of people, property, or a Federal function in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions. Domestic terrorist incidents do not include "air piracy," as defined above.

E2.1.13. Federal Function. Any function, operation, or action carried out under the laws of the United States by any Department, Agency, or instrumentality of the United States, or by an officer or employee thereof.

E2.1.14. Federal Property. Property that is owned, leased, possessed, or occupied by the Federal Government.

E2.1.15. Military Resources. Military and civilian personnel, facilities, equipment, and supplies under the control of a DoD Component.

E2.1.16. Military Support to Civil Authorities (MSCA). Those activities and measures taken by the DoD Components to foster mutual assistance and support between the Department of Defense and any civil government agency in planning or preparedness for, or in the application of resources for response to, the consequences of civil emergencies or attacks, including national security emergencies.

E2.1.17. National Security Emergency. Any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States. (See E.O. 12656 (reference (b)).)
E2.1.18. Planning Agent. A military or civilian official of any DoD Component, who has been designated by the Head of that Component to exercise delegated authority for MACDIS planning for the entire DoD Component (i.e., "principal planning agent") or for certain subordinate elements or a specified geographic area (e.g., "regional planning agents"). Authority and responsibilities of each planning agent shall be defined by the DoD Component, and may include MACDIS response as well as planning at the election of any DoD Component. The actual authority of planning agents shall be communicated to others, as determined by the DoD Component, or when requested by the DoD Executive Agent.


E2.1.19. State Area Commands (STARCs). Specific headquarters units of the Army National Guard for each State, the District of Columbia, the territory of Guam, the Commonwealth of Puerto Rico, and the territory of the Virgin Islands.


E2.1.20. U.S. Counterterrorism Forces. Those Military Forces that are specifically organized, trained, and equipped to conduct counterterrorist operations.


APPENDIX **2-5:** DODD 5240.1 - ACTIVITIES OF DOD INTELLIGENCE
COMPONENTS THAT AFFECT U.S. PERSONS DoDD 5240.1, DoD Intelligence Activities, April 25, 1988
References: (a)  DoD Directive 5240.1, "Activities of DoD Intelligence Components that Affect U.S. Persons,"
December 3, 1982 (hereby canceled) (b)  Executive Order 12333, "United States Intelligence Activities," December 4, 1981 (c)  Executive Order 12334, "President's Intelligence Oversight Board," December 4, 1981 (d)  Public Law No. 95-511, "Foreign Intelligence Surveillance Act of 1978," October 25, 1978 (e)  through (i), see enclosure E1. 1.  REISSUANCE AND PURPOSE This Directive: 1.1.  Reissues reference (a); implements references (b) through (d); updates policies; and shall be the only authority used as guidance by DoD intelligence components to collect, retain, or disseminate information concerning U.S. persons. 1.2.  Continues in effect procedures previously approved by the U.S. Attorney General for use by DoD intelligence components under Presidential Directive NSC-9 (reference (e)). 1.3.  Authorizes the publication of DoD 5240.1-R (reference (f)), consistent with DoD 5025.1-M (reference (g)) and this Directive. 2.  APPLICABILITY AND SCOPE This Directive: 2.1.  Applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization of the Joint Chiefs of Staff (OJCS), the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as "DoD Components"). 2.2.  Applies to all intelligence activities of DoD Components. 2.3.  Does not apply to authorized law enforcement activities carried out by DoD intelligence components having a law enforcement mission. 3.  DEFINITIONS 3.1.  Intelligence activities.    The collection, production, and dissemination of foreign intelligence and counterintelligence by DoD intelligence components authorized under reference (b). 3.2.  Foreign intelligence.    Information relating to the capabilities, intentions, and activities of foreign powers, organizations, or persons, but not including counterintelligence except for information on international terrorist activities.


3.3.  Counterintelligence.    Information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, or persons, or international terrorist activities, but not including personnel, physical, document, or communications security programs. 3.4.  DoD intelligence components.    All DoD Components conducting intelligence activities, including the following: 3.4.1.  The National Security Agency Central Security Service (NSACSS). 3.4.2.  The Defense Intelligence Agency (DIA). 3.4.3.  The offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs. 3.4.4.  The Office of the Deputy Chief of Staff for Intelligence (ODCSINT), U.S. Army. 3.4.5.  The Office of Naval Intelligence (ONI). 3.4.6.  The Office of the Assistant Chief of Staff, Intelligence (OACSI), U.S. Air Force. 3.4.7.  Intelligence Division, U.S. Marine Corps. 3.4.8.  The Army Intelligence and Security Command (USAINSCOM). 3.4.9.  The Naval Intelligence Command (NIC). 3.4.10.  The Naval Security Group Command (NSGC). 3.4.11.  The Air Force Intelligence Agency (AFIA). 3.4.12.  The Electronic Security Command (ESC), U.S. Air Force.

3.4.13.  The counterintelligence elements of the Naval Security and Investigative Command (NSIC). 3.4.14.  The counterintelligence elements of the Air Force Office of Special Investigations (AFOSI). 3.4.15.  The 650th Military Intelligence Group, Supreme Headquarters Allied Powers Europe (SHAPE). 3.4.16.  Other intelligence and counterintelligence organizations, staffs, and offices, or elements thereof, when used for foreign intelligence or counterintelligence purposes.   The heads of such organizations, staffs, and offices, or elements thereof, shall, however, not be considered as heads of DoD intelligence components for purposes of this Directive. 3.5.  Special activities.    Activities conducted in support of national foreign policy objectives abroad, which are planned and executed so that the role of the U.S. Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence U.S. political processes, public opinion, policies, or media, and do not include diplomatic activities or the collection and production of intelligence or related support functions.

3.6.  United States person.    A citizen of the United States; an alien known by the intelligence agency concerned to be a permanent resident alien; an unincorporated association organized in the United States or substantially composed of U.S. citizens or permanent resident aliens; or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. 4.  POLICY 4.1.  All DoD intelligence activities shall be carried out in strict conformity with the U.S. Constitution, applicable law, E.O. 12333 (reference (b)), the policies and procedures authorized herein, and by other relevant DoD Directives, with special emphasis given to the protection of the constitutional rights and privacy of U.S. persons. 4.2.  Reference (b) requires that the Department of Defense promulgate procedures to govern the collection, retention, and dissemination of information about U.S persons, and to govern the use of certain information-gathering techniques.   These procedures, approved by the Attorney General of the United States, are contained in DoD 5240.1-R (reference (f)).   No DoD intelligence component shall request any person or entity to undertake unauthorized activities. 4.2.1.  Authority to employ the collection techniques prescribed by DoD 5240.1- R (reference (f)) shall be limited to that necessary to perform functions assigned to the DoD intelligence component concerned.   Use of such techniques to collect information about U.S. persons shall be limited to the least intrusive means feasible. 4.2.2.  DoD intelligence component employees shall report all intelligence activities that may violate a law, an Executive order, a Presidential Directive, or applicable DoD policy to the Inspector General or General Counsel responsible for the DoD intelligence component concerned, or to the Assistant to the Secretary of Defense (Intelligence Oversight) (ATSD(IO)). 4.3.  DoD Components shall not conduct, or provide support for the conduct of, special activities except in times of war declared by the Congress or during a period covered by a report from the President to the Congress under the War Powers Resolution (50 U.S.C. 1541-1548, reference (h)), unless such actions have been approved by the President and directed by the Secretary of Defense. 4.4.  Under no circumstances shall any DoD employee engage in, or conspire to engage in, assassination. 5.  RESPONSIBILITIES 5.1.  The Assistant Secretary of Defense (Command, Control, Communications, and Intelligence)
(ASD(C3I)) shall provide overall policy guidance for the conduct of DoD intelligence activities. 5.2.  The Deputy Under Secretary of Defense (Policy) (DUSD(P)) shall provide overall policy guidance for the conduct of DoD counterintelligence activities. 5.3.  The General Counsel, Department of Defense (GC, DoD), shall: 5.3.1.  Serve as the central focal point for contact with, and reporting to, the Attorney General regarding the legal matters arising under this Directive. 5.3.2.  Interpret this Directive and DoD 5240.1-R (reference (f)), as may be required. 5.4.  The Assistant to the Secretary of Defense (Intelligence Oversight) (ATSD(IO)) shall serve as the central focal point for all contacts with the President's Intelligence Oversight Board (E.O. 12334, reference (c)) and shall perform the responsibilities assigned in DoD Directive 5148.11 (reference (i)).

5.5.  The Heads of DoD Components shall ensure that their intelligence components implement this Directive and reference (f), as appropriate. 6.  EFFECTIVE DATE AND IMPLEMENTATION

This Directive is effective immediately.   Forward one copy of implementing documents to the Assistant Secretary of Defense (Command, Control, Communications, and Intelligence) and the General Counsel, Department of Defense, within 90 days. Enclosures - 1 1.  References, continued E1.  ENCLOSURE 1 REFERENCES, continued (e)  Presidential Directive NSC-9, March 30, 1977 (f)  DoD 5240.1-R, "Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons," December 11, 1982, authorized by this Directive (g)  DoD 5025.1-M, "Directives System Procedures," April1981, authorized by DoD Directive 5025.1, October 16,1980 (h)  Title 50, United States Code, Sections 1541-1548, "The War Powers Resolution" (87 Stat. 555), P.L. 93-148 (i)  DoD Directive 5148.11, "Assistant to the Secretary of Defense (Intelligence Oversight)," December 1, 1982


## Appendix **2-6:** Dodd 5200.27 - Acquisition Of Information Concerning Persons And Organizations Not Affiliated With The Department Of Defense Department Of Defense Directive

NUMBER 5200.27
January 7, 1980


USD(P)

SUBJECT: Acquisition of Information Concerning Persons and Organizations not Affiliated with the Department of Defense References:

(a) DoD Directive 5200.27, subject as above, December 8, 1975 (hereby canceled)



(b) DoD Directive 5240.1, "Activities of DoD Intelligence Components that Affect U.S.


Persons," November 30, 1979

1. REISSUANCE AND PURPOSE This Directive reissues reference (a) to establish for the Defense Investigative Program general policy, limitations, procedures, and operational guidance pertaining to the collecting, processing, storing, and disseminating of information concerning persons and organizations not affiliated with the Department of Defense.

2. APPLICABILITY AND SCOPE


2.1. Except as provided by paragraph 2.3., below, this Directive is applicable to the Office of the Secretary of Defense, Military Departments, Office of the Joint Chiefs of Staff, Unified and Specified Commands, and the Defense Agencies (hereafter referred to as "DoD Components").


2.2. The provisions of this Directive encompass the acquisition of information concerning the activities of:

2.2.1. Persons and organizations, not affiliated with the Department of Defense, within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and U.S. territories and possessions; and

2.2.2. Non-DoD-affiliated U.S. citizens anywhere in the world.

2.3. This Directive is not applicable to DoD intelligence components as defined by DoD Directive
5240.1 (reference (b)).

2.4. Authority to act for the Secretary of Defense in matters in this Directive that require specific approval are delineated in enclosure 1.

3. POLICY
3.1. DoD policy prohibits collecting, reporting, processing, or storing information on individuals or organizations not affiliated with the Department of Defense, except in those limited circumstances where such information is essential to the accomplishment of the DoD missions outlined below.

3.2. Information-gathering activities shall be subject to overall civilian control, a high level of general supervision and frequent inspections at the field level.

3.3. Where collection activities are authorized to meet an essential requirement for information, maximum reliance shall be placed upon domestic civilian investigative agencies, Federal, State, and local.

3.4. In applying the criteria for the acquisition and retention of information established pursuant to this Directive, due consideration shall be given to the need to protect DoD functions and property in the different circumstances existing in geographic areas outside the United States. Relevant factors include:

3.4.1. The level of disruptive activity against U.S. Forces;



3.4.2. The competence of host-country investigative agencies;


3.4.3. The degree to which U.S. Military and host-country agencies exchange
investigative information;

3.4.4. The absence of other U.S. investigative capabilities; and

3.4.5. The unique and vulnerable position of U.S. Forces abroad.

4. AUTHORIZED ACTIVITIES The DoD Components are authorized to gather information essential to the accomplishment of the following defense missions:
4.1. Protection of DoD Functions and Property. Information may be acquired about activities threatening defense military and civilian personnel and defense activities and installations, including vessels, aircraft, communications equipment, and supplies. Only the following types of activities justify acquisition of information under the authority of this paragraph:


4.1.1. Subversion of loyalty, discipline, or morale of DoD military or civilian personnel by actively encouraging violation of law, disobedience of lawful order or regulation, or disruption of military activities.



4.1.2. Theft of arms, ammunition, or equipment, or destruction or sabotage of facilities, equipment, or records belonging to DoD units or installations.


4.1.3. Acts jeopardizing the security of DoD elements or operations or compromising classified defense information by unauthorized disclosure or by espionage.


4.1.4. Unauthorized demonstrations on Active or Reserve DoD installations.


4.1.5. Direct threats to DoD military or civilian personnel in connection with their official duties or to other persons who have been authorized protection by DoD resources.


4.1.6. Activities endangering facilities that have classified defense contracts or that have been officially designated as key defense facilities.


4.1.7. Crimes for which the Department of Defense has responsibility for investigating or prosecuting.

4.2. Personnel Security. Investigations may be conducted in relation to the following categories of persons:

4.2.1. Members of the Armed Forces, including retired personnel, members of the Reserve components, and applicants for commission or enlistment.


4.2.2. DoD civilian personnel and applicants for such status.



4.2.3. Persons having need for access to official information requiring protection in the interest of national defense under the DoD Industrial Security Program or being considered for participation in other authorized DoD programs.

4.3. 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 assigned to the Department of Defense 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.

5. PROHIBITED ACTIVITIES
5.1. The acquisition of information on individuals or organizations not affiliated with the DoD will be restricted to that which is essential to the accomplishment of assigned DoD missions under this Directive.

5.2. No information shall be acquired about a person or organization solely because of lawful advocacy of measures in opposition to Government policy.

5.3. There shall be no physical or electronic surveillance of Federal, State, or local officials or of candidates for such offices.

5.4. There shall be no electronic surveillance of any individual or organization, except as authorized by law.


5.5. There shall be no covert or otherwise deceptive surveillance or penetration of civilian organizations unless specifically authorized by the Secretary of Defense, or his designee.

5.6. No DoD personnel will be assigned to attend public or private meetings, demonstrations, or other similar activities for the purpose of acquiring information, the collection of which is authorized by this Directive without specific prior approval by the Secretary of Defense, or his designee. An exception to this policy may be made by the local commander concerned, or higher authority, when, in his judgment, the threat is direct and immediate and time precludes obtaining prior approval. In each such case a report will be made immediately to the Secretary of Defense, or his designee.



5.7. No computerized data banks shall be maintained relating to individuals or organizations not affiliated with the Department of Defense, unless authorized by the Secretary of Defense, or his designee.

6. OPERATIONAL GUIDANCE
6.1. Nothing in this Directive shall be construed to prohibit the prompt reporting to law enforcement agencies of any information indicating the existence of a threat to life or property, or the violation of law, nor to prohibit keeping a record of such a report.

6.2. Nothing in this Directive shall be construed to restrict the direct acquisition by overt means of the following information:

6.2.1. Listings of Federal, State, and local officials who have official responsibilities related to the control of civil disturbances. Such listings may be maintained currently.


6.2.2. Physical data on vital public or private installations, facilities, highways, and utilities, as appropriate, to carry out a mission assigned by this Directive.

6.3. Access to information obtained under the provisions of this Directive shall be restricted to Governmental Agencies that require such information in the execution of their duties.

6.4. 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.

6.5. This Directive does not abrogate any provision of the Agreement Governing the Conduct of Defense Department Counterintelligence Activities in Conjunction with the Federal Bureau of Investigation, April 5, 1979, nor preclude the collection of information required by Federal statute or Executive order.


7. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective immediately. Forward two copies of implementing regulations to the Deputy Under Secretary of Defense (Policy Review) within 120 days.



/S/


W. Graham Claytor, Jr.



Deputy Secretary of Defense Enclosures - 1
E1. Delegation of Authority


## E1. Enclosure 1 Delegation Of Authority



E1.1.1. The Secretary of the Army is designated to authorize those activities delineated in paragraph 4.3., basic Directive. This authority may not be further delegated to other than the Under Secretary of the Army.


E1.1.2. The Deputy Under Secretary of Defense (Policy Review) (DUSD(PR)) is designated to authorize those activities delineated in paragraph 5.5., basic Directive, within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and U.S. territories and possessions. This authority may not be delegated. The investigating DoD Component, prior to requesting approval for authorizations under this provision, shall coordinate prospective activities with the Federal Bureau of Investigation.

E1.1.3. The DUSD(PR) and the Secretaries of the Military Departments are designated to authorize those activities (delineated in paragraph 5.5., basic Directive) abroad 1 when membership of the civilian organization is reasonably expected to include a significant number of non-DoD-affiliated U.S. citizens. This authority may not be further delegated to other than the Under Secretaries of the Military Departments. When the Military Department Secretary or Under Secretary exercises this delegation of authority, the DUSD(PR) shall be advised promptly.

E1.1.4. The Secretaries of the Military Departments are designated to authorize in their Departments those activities delineated in paragraph 5.6., basic Directive, within the 50 States, the District of Columbia, the Common wealth of Puerto Rico, and U.S. territories and possessions. This authority may not be further delegated to other than the Under Secretaries of the Military Departments.

E1.1.5. The Secretaries of the Military Departments are designated to authorize in their Departments those activities (delineated in paragraph 5.6., basic Directive) abroad 1 when a significant number of non-DoD-affiliated U.S. citizens are expected to be present. This authority may be further delegated, in writing, as circumstances warrant, to an authorized designee. The DUSD(PR) will be notified immediately of such further delegations of authority. When the Secretary or Under Secretary of a Military Department or his designee exercises this delegated authority, the DUSD(PR) shall be advised promptly.

E1.1.6. The DUSD(PR) is designated to authorize those activities delineated in paragraphs 5.7.

and 6.4., basic Directive. These authorities may not be further delegated. ______________
1 "Abroad" means "outside the United States, its territories, and possessions."

APPENDIX **2-7:** DOD 5240.1-R - PROCEDURES GOVERNING THE ACTIVITIES
OF DOD INTELLIGENCE COMPONENTS THAT AFFECT U.S. PERSONS

TITLE:  DoD 5240.1-R, "Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons", 12/1982
SUMMARY: This DoD regulation sets forth procedures governing the activities of DoD intelligence components that affect United States persons. It implements DoD Directives 5260.1, and replaces the November 30, 1979 version of DoD Regulation 5240.1-R. It is applicable to all DoD intelligence components. Executive Order 12333, "United States Intelligence Activities," stipulates that certain activities of intelligence components that affect U.S. persons be governed by procedures issued by the agency head and approved by the Attorney General.

Source: http://www.dtic.mil/whs/directives/corres/pdf/52401r_1282/p52401r.pdf

## Appendix **2-8:** Ar 500-51 - Support To Civilian Law Enforcement Ar 50051 Support To Civilian Law Enforcement

Headquarters n 50051
E
 1983
Department of the Army Washington, DC 1 July 1983 Emergency Employment of Army and Other Resources Support to Civilian Law Enforcement Army Regulatio ffective 1 August fficial: By Order of Secretary of the Army John A. Wickham, Jr.

General, Unitedt States Army Chief of Staff O Robert M. Joyce Major General, United States Army The Adjutant General

History.

ummary . This regulation implements DoD Directive 552
S
ng support provided to Federal, State, and lo o Applicability. T
and US Army Reserve elements furnishing resources to assist civilian law enforcement officials in th nce of thei nt and exception authorit y .

icable.

on New Manning System. This regulation does not cont M
Army managemen icable.

entation. Supplementation of this regulation is prohibited unless pr DAMOODS), WASH DC 20310.

changes. Interim changes to this regulation are not official unless they are authenticated by The General. Users will destroy interim changes on their expiration dates unless sooner superseded or d.

5.5 . It also establishes uniform Depatrtment of the Army  and procedures coveri cal civilian law enforcement fficials.

his regulation applies to all Active Army, Army National Guard (in Federalized status), e performa r duties.

Propone Not appl Impact ain information that affects the New anning System.

t control process .

Not appl Supplem ior approval is obtained from HQDA (
Interim Adjutant

rescinde uggested Improvements. The propo-nent agency of this regulation is the Office of the Deputy Chief of

DA(DAMOODS), troduction, page 1
S
Staff for Operations and Plans. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to HQ WASH DC 20310.

Distribution. Active Army, C; ARNG, C; USAR, C.

Contents (Listed by paragraph and page number)
Chapter 1 In Section I
 page 1
- 11, page 1
General, Purpose eferences - 12, page 1
olicy - 14, page 1
 of information - 16, page 1
ilitary preparedness - 17, page 1
esponsibilities, page 1
age 1
ssistant Chief of Staff of Intelligence (ACSI) - 111, page 1
age 1
R Explanation of abbreviations and terms - 13, page 1
P
Reporting requirements - 15, page 1 Release M
Section II R
Deputy Chief of Staff for Operations and Plans (DCSOPS) - 18, p Deputy Chief of Staff for Logistics (DCSLOG) - 19, page 1 Comptroller of the Army (COA) - 110, page 1 A Deputy Chief of Staff for Personnel (DCSPER) - 112, page 1 Chief of Public Affairs (CPA) - 113, page 1 Commanders of major Army commands (MACOMs) - 114, p Commanders of local installations and activities - 115, page 1
C Use of Collected s, page 1

 hapter 2
                 Information, and Military Equipment and
Facilitie
Section I
Use of C
 oncept - 2

ilities - 23, page 2

ollected Information, page 1
1, page 2
C Acquisition and dissemination - 22, page 2
Section II Use of Military Equipment and Facilities, page 2
Equipment and fac Limitations on use of personnel - 24, page 2

l authority - 25, page 2
 3
ation of Personnel in Civilian Law Enforcement
s, page 2

Approva Chapter Particip Activitie Section I Approval equests estrictio raining Authority, page 2
 - 31, page 2
R Exceptions based on status - 32, page 3
Section II Statutory Requirements, page 3
Posse Comitatus Act - 33, page 3 Permissible direct assistance - 34, page 3 R
ns on direct assistance - 35, page 3
- 36, page 3
T Expert advice - 37, *page 3* Use of Army personnel to operate or maintain equipment - 38, page 4
Limits o Other pe Chapter Guidanc ian Law Enforce Reimbur e 4
Docume Account
, page 4
f assistance - 39, page 4
rmissible assistance - 310, page 4
 4
e on Determining Reimbursements for Civil ment Support, page 4
sement - 41, pag ntation - 42, page 4
ing system - 43
- 44, page 4
 - 45, page 5
ixes ired Publications, page 6
le Format for Quarterly Report of Assistance to Law ent Officials, *page 6*
Costing Waivers Append A. Requ B. Samp Enforcem hapter ene
1. Pur roviding Army anpow fairs.

ions and Plans.

e Army.

2) POCpoint of c
3) USSSUS Secret Servic le e following:
OODS), WASH DC 20310. The report will show action taken (approval, denial, or pending)
h
 1
C Introduction Section I G
ral pose
1
This regulation prescribes Department of the Army (DA) policies and procedures for p resources in support of Federal, State, and local civilian law enforcement agencies.

12. References Required publications are listed in appendix A.

13. Explanation of abbreviations and terms a. Abbreviations.

(1) ACSIAssistant Chief of Staff for Intelligence.

ecretary of Defense (M
er,
(2) ASD (MRA&L)Assistant S Reserve Affairs, and Logistics). (3) COAComptroller of the Army. (4) CPAChief of Public Af (5) DADepartment of the Army. (6) DCSLOGDeputy Chief of Staff for Logistics. (7) DCSOPSDeputy Chief of Staff for Operat (8) DCSPERDeputy Chief of Staff for Personnel. (9) DODDepartment of Defense. (10) HQDAHeadquarters, Department of th (11) MACOMmajor Army command. (1
ontact.

e.

(1
b. Terms.

(1) *Civilian agency.* Government agency (other than the DOD) in the following jurisdictions: (a) The United States. (b) A State (or political subdivision). (c) A territory or possession of the United States. (2) *Civilian law enforcement official.* Officer or employee of a civilian agency with responsibility fo enforcement of the laws within the jurisdiction of the agency.

14. Policy a. DA policy is to cooperate with civilian law enforcement officials to the maximum extent possib consistent with th (1) The needs of national security and military preparedness. (2) The tradition of limiting direct military involvement in civilian law enforcement activities. (3) The requirements of applicable law. b. The policies and procedures regarding equipment loans apply to property issued to the National Guard.

15. Reporting requirements A threepart quarterly report (RCS DDM (Q)1595) of all requests for assistance (approved, denied, or pending) will be submitted by commanders of major Army commands (MACOMs) to HQDA(DALO SMS/DAM and other appropriate information. (The format for this report is shown in app B.) The report is due the 15t of the month following the end of each quarter (15 April, 15 July, 15 October, and 15 January).

16. Release of information a. The civilian agency wi release o th primary responsibility for law enforcement functions also is responsible for the f information to the public about the function concerned. Release of information by the civilian r all US military property, including

y agency should be coordinated with Headquarters, Department of the Army (HQDA). The Army ma release such information, however, under AR 3605.

b authority of information concerning the Army
1
e provided under this regulation if the provision of the as al security or military preparedness.

. When assistance is provided under this regulation, the Army may require that it be the sole releasing assistance provided.

7. Military preparedness Assistance may not b sistance could affect adversely the nation ection II

## 8. Deputy Chief Of Staff For Operations And Plans(Dcsops) S Responsibilities 1 The Dcsops Will

 as Army Staff proponent for the Army's program for cooperating with civilian law enforc
.
e a single Army Staff point of contact (POC) for processing requests for
nnel to support civilian law enforcement officials.
s of equipment of an operational immediate nature.
it for review by the Joint Chiefs of Staff those requ
a
19. Deputy Chief of Staff for Logisti
SLOG will provide a
nt to civilian law enforc
omptroller of the Army (COA)
A will provide policy g
c
111. Assistant Chief of Staff of Intel
SI will provide a POC for coord
agencies.
eputy Chief of Staff for
SPER will provide a POC fo
agencies.
hief of Public Affairs (CPA)
 will provide a POC for coord
su
114. Commanders of major Army commands (MAC
 commanders will
e that local POCs are establi
.
n an impact statement from
e involve resources in suppor
it to HQDA(DAMOODS) re
impact on national security or m
ommanders of local installation
T a. Maintain liaison with local civilian law enforce
ve, or forward with recommen
 2
ollected Information, and Milita ent and Facilities

a. Serve
ement
officials b. Provid (1) Perso (2) Loan c. Subm
ests which a unified or specified commander has
ssessed as having an adverse impact on national security or military preparedness.
cs (DCSLOG)
The DC
single Army Staff POC for coordinating routine requests for the loan of Army
equipme
ement officials.
110. C
The CO
uidance on costing, reimbursement, and accounting for support provided to
ivilian agencies.
ligence (ACSI)
The AC
inating the release of military intelligencerelated information to
civilian
112. D
 Personnel (DCSPER)
The DC
r coordinating the release of nonmilitary intelligence information to
civilian
113. C
The CPA
ination and release of information to the public regarding Army
pport provided to civilian law enforcement officials.
OMs)
MACOM a. Insur
shed at all levels for coordination with civilian law enforcement
officials b. Obtai
 the unified or specified commander concerned when requests for Army
assistanc
t of a unified or specified command.
c. Subm
quests that a unified or specified commander assesses as having an
adverse
ilitary preparedness.
115. C
s and activities
hese commanders will
ment officials.
b. Appro
dation, loan requests from local civilian law enforcement officials.

Chapter Use of C
ry
Equipm
ection I

## S Use Of Collected Information

21. Co a. Army aged to furnish information collected in the normal course of military operatio t agency having jurisdiction. This is true if the information is reasonab relevant to violations of Federal, State, or local law. Information from ncept organizations are encour ns to the civilian law enforcemen ly believed to be

Provost Marshal will coordinate with the local Staff Judge Ad dures for disclosure of this in ng in this regulation modifies and procedures concern ntelligence purposes.

d enforcement officials unde diction of a vessel, aircr h or seizure, arrest, or othe ing and execution of compatible military training and operations may consider the needs of civili rcement tr (1) Planning or creating missions or training fo

.
aining or missions for the purpose
and dissemination
dissemination of information an
section 371, title 10, Uni
38120.

## Ilitary Equipment And Facilities

and facilities ions may make the following availa nforcement purposes:
cilities.

lities.

noninvestigative agencies will be provided to the installation Provost Marshal for release. The installation vocate before releasing this information.

b. Proce formation are set forth in AR 34017, AR 34021, and AR 38145.

c. Nothi Army policies and procedures contained in AR 38110. These policies collection or dissemination of information for intelligence or counteri
. Unless participation is authorized by law, or AR 38110, provisions of assistance to civil law r this regulation may not include or permit the following by Arm y members:
(1) Inter aft, or land vehicle.

(2) Searc r similar activity.

e. Plann an law enfo officials for information, when the collection of information is an incidental aspect of aining performed for a military purpose. This does not permit the following:
r the primary purpose of aiding civilian law enforcement officials (2) Conducting tr of routinely collecting information about US citizens.

22. Acquisition Acquisition and d assistance to civil law enforcement agencies will be in accordance with ted States Code, and AR 34017, AR 34021, AR 38013, AR
38110, and AR
Section II Use of M 23. Equipment a. Army installat ble to Federal, State, or local civilian law enforcement officials for law e (1) Equipment. (2) Installation fa (3) Research faci
. This assistance can be provided only if it does not adversely affect national security or military b preparedness.

24. Limitations on use of personnel a operating or maintaining, equipment made

 in chapter 3.
nel in DA intelligence components
roval authority
ests for the following
ary assistance in the event of civil disturbance.
ter relief.
osive ordnance support.
ort to the US Secret Serv
. A request for training, expert advice, or the use of DA personnel to operate or maintain, or to assist in available under paragraph 23 will be considered under the guidance b. Person also are subject to the limitations in AR 38110.

25. App a . Requ will be processed under AR 50050, AR 50060, AR 7515, or AR 14:
(1) Milit (2) Disas
(3) Expl (4) Supp ice (USSS).

. When requests for this equipment are not connected with civil disturbance, disaster relief, or support to b the USSS, the requests should be processed as shown below.

ests for the following will be forwarded fro
.

unition.

bat and tactical vehic bat and tactical vessels.

aft.

 equipment in excess of 60 days.

al equipment requiring Department of Defense (DOD) approval.

ests for loans of all other equipment will be processed under AR 700131.

ests for the use of installation or research facilities
(1) Requ m the MACOM to HQDA(DALOSMS):
(a) Arms (b) Amm (c) Com les.

(d) Com (e) Aircr (f) Other (g) Speci (2) Requ c. Requ will be forwarded from MACOM to QDA(DAMOODS) for approval.

to H d. Requests for DA intelligence components to provide assistance will be forwarded from MACOM
HQDA(DAMICI) for consideration under AR 38110.

e. All requests will be submitted promptly to the approving authority, including those for which subordinate
ed and processed in keeping with the appropriate
 use of Army personnel in civilian law enforcement hannels to the appropriate approval authority. Guidance in is governed by AR 50050; approval f Columbia should be forwarded to warded to HQDA(DAMOODS).

 of Defense approval is required for requests that involve
ent of 50 or more Army personnel.

(Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)) is the
.

d to HQDA(DAMOODS) for requests for assistance by Army llowing categories:
g or expert advice, under paragraphs 36 and 37.

 Army personnel for monitoring and communicating the movement of air and sea traffic, under t involve Army intelligence components are subject to the
clude those in cessed in keeping

## Sed On Status

s of a Reserve Component when not on active duty or active duty for training.

 of the DOD. (If under direct command and control of a military officer, assistance Military Service when offduty and in a private capacity. (A member is not acting in a direction, control, or of DOD authorities.)
tivities are outlined in the Posse llowing:
onstitution or Act of ses any part of the Army or the Air Force as a posse comitatus or otherwise to execute be fined not more than $10,000 or imprisoned not more than two years or both."
stance not restricted by the Posse Comitatus Act, notwithstanding direct assistance to authorities recommend denial. Requests will be forward degree of urgency dictated by the situation.

Chapter 3
Participation of Personnel in Civilian Law Enforcement Activities Section I Approval Authority 31. Requests Requests by civilian law enforcement officials for functions will be forwarded through command c this chapter will be used. a. Use of Army personnel in civil disturbances and related matters authorities are specified in AR 50050. b. Requests for assistance to the government of the District o HQDA(DAMOODS), WASH DC 20310. c. Requests for the assignment of personnel will be for (1) Secretary (a) Assignm (b) Period of assignment of more than 30 days. (2) The Assistant Secretary of Defense approval authority for other requests for personnel assignment d. Approval authority has been grante personnel for a period of 6 months or less in the fo (1) Use of Army personnel to provide trainin (2) Use of Army personnel for equipment maintenance, under paragraph 38. (3) Use of paragraph 33. e. Requests tha
(1) Limitations in AR 38110 and AR 38120. (2) Approval of the Secretary of Defense. f. All requests will be submitted promptly to the approving authority; these requests will in which subordinate authorities recommend denial. Requests will be forwarded and pro with the degree of urgency dictated by the situation.

32. Exceptions ba Restrictions in section II below are not applicable to the following persons: a. Member b. Members of the Army National Guard when not in Federal service. c. Civilian employees will not be provided unless permitted under para 31.) d. Members of a private capacity when assistance to law enforcement officials is rendered under suggestion Section II Statutory Requirements 33. Posse Comitatus Act Primary restrictions on military participation in civilian law enforcement ac Comitatus Act; this Act is section 1385, title 18, United States Code. It provides the fo "Whoever, except in cases and under circumstances expressly authorized by the C Congress, willfully u the laws shall
34. Permissible direct assi The following activities are civilian law enforcement officials: a. Actions taken for furthering a military or foreign affairs function of the incidental benefits to civilian authorities. This provision must be used United States, regardless of with caution; it does not include actions taken for aiding civilian law enforcement officials or otherwise serving as a subterfuge to avoid the include the following, depending DOD interest and the specific action in question:
rm Code of Military Justice.

ed civil or criminal commander's inherent authority to maintain law and order on a military y.

ection of DOD personnel, DOD equipment, and official guests of DOD.

irs purposes.

 the inherent right of the US Government to insure preservation of public order, and mental operations within its territorial limits, by force if necessary. This authority is permits use of this ng use of military s, disasters, or calamities much that duly thorities are unable to control the situation.

 the use of military
-
rotection.

ken under DOD responsibilities (sec 331334, title 10, United States Code) relating to use of
, domestic violence, or conspiracy that hinders the execution of erned by AR 50050.

thority to assist officials in execution of laws, subject to civilian law enforcement are listed rotection of national parks and certain other Federal lands (secs 23, 78, and 596, title 16, United States rcement of the Fishery Conservation and Management Act of 1976 (sec 1861 (a), title 16, United nce in cases of crimes against foreign officials, official guests of the United States, and other rotected persons (secs 112 and 1116, title 18, United States Code).

t members of the Congress (sec 351, title 18, United States Code).

ice President, and other designated dignitaries (sec 1751, title 18, United
524).

en in support of neutrality laws (secs 408 and 46162, title 22, United States Code).

ited States Code).

uarantine and certain health laws (sec 97, title 42, United States Code).

 rights laws (sec 1989, title 42, e).

ited States Code).

ights of a discoverer of a Guano Island (sec 1418, title 48, United States Code).

91, title 48, United e).

e).

 to the Attorney General in protecting nuclear material (under Public Law 97351).

therwise provided in this regulation, prohibition on use of military personnel as a posse erwise to execute the laws prohibits the following forms of direct assistance:
restrictions of the Posse Comitatus Act. Actions under this provision may on the nature of the (1) Actions related to enforcement of the Unifo
(2) Actions likely to result in administrative proceedings by DOD, regardless of relat proceeding. (3) Actions related to the installation or facilit (4) Protection of classified military information or equipment. (5) Prot (6) Other actions that are undertaken primarily for military or foreign affa b. Actions taken under carrying out of govern reserved for unusual circumstances. It will be exercised only under AR 50050, which power in two circumstances, as discussed below. (1) The emergency authority authorizes prompt and vigorous Federal action (includi forces) to (a) Prevent loss of life or wanton destruction of property. (b) Restore governmental functioning and public order. Note. These actions will be taken when sudden and unexpected civil disturbance seriously endanger life and property, and disrupt normal governmental functions so constituted local au (2) Protection of Federal property and functions authorizes Federal action (including forces) when (a) The need for protection exists. (b) Duly constituted local authorities are unable or decline to provide adequate p c. Actions ta military forces with respect to insurgency State or Federal law in specified circumstances. Actions under this authority are gov d. Actions taken under express statutory au applicable limitations. Laws that permit direct military participation in below. (1) P Code). (2) Enfo States Code). (3) Assista internationally p (4) Assistance in cases of crimes agains
(5) Protection of the President, V States Code, and the Presidential Protection Assistance Act of 1976, Public Law 94 (6) Actions tak (7) Removal of persons unlawfully present on Indian lands (sec 180, title 25, Un (8) Execution of q
(9) Execution of certain warrants relating to enforcement of specified civil United States Cod (10) Removal of unlawful enclosures from public lands (sec 1065, title 43, Un (11) Protection of the r (12) Support of territorial governors in the event of civil disorders (secs 1422 and 15 States Cod (13) Actions in support of certain customs laws (sec 220, title 50, United States Cod (14) Support
35. Restrictions on direct assistance Except as o comitatus or oth a. Interdiction of a vehicle, vessel, aircraft, or other similar activity.

b. Search or seizure.

als.

nts, investigators, o r interrogators.

tate, and local civilian law enforcement officials does not permit the t are fundamentally civilian law ials, under sections involvement of military c. Arrest or stop and frisk, or similar activity. d. Use of military personnel (1) For surveillance or pursuit of individu
(2) As informants, undercover age
36. Training Installations are authorized to provide training to Federal, S in operation and maintenance of equipment made available under paragraph 23. This following: a. Large scale or elaborate training. b. Regular or direct involvement of military personnel in activities tha enforcement operations.

37. Expert advice Installations may provide expert advice to Federal, State, or local law enforcement offic 371378, title 10, United States Code. This does not permit regular or direct personnel in activities that are fundamentally civilian law enforcement operations.

38. Use of Army personnel to operate or main Requests for Army personnel to operate or maintain (or to assist in operating or m made availab 23 m a an b tain equipment aintaining) equipment le under paragraph ay be made by the head of a civilian agency empowered to enforce the laws listed below.

. Controlled Substances Act (sec 801 *et seq*, title 21, United States Code); Controlled Substances Import d Export Act (sec 951 *et seq*, title 21, United States Code).

. Any of sections 274 through 278 of the Immigration and Nationality Act (sec 132428, title 8, United States Code). c. A law relating to the arrival or departure of merchandise into or out of the customs territory of the United States or any other territory or possession of the United States. "Merchandise" as used here is defined in section 401 of the Tariff Act of 1930 (sec 1401, title 19, United States Code). Customs territory of the United States, as used here, is defined in general headnote 2 of the Tariff Schedules of the United States (sec 1202, title 19, United States Code). d. Any other law which establishes authority for DOD personnel to provide direct assistance to civilian law enforcement officials.

39. Limits of assistance a. Assistance provided under paragraph 38 will be limited to situations where training of nonDOD personnel would (1) Be unfeasible or impractical from a cost or time perspective. (2) Not otherwise compromise national security or military preparedness concerns. b. The following types of assistance may be provided under this paragraph: (1) Army personnel may be assigned to maintain (or assist in maintaining) equipment, with respect to criminal violation of the laws specified in paragraph 38.

(2) Army personnel may be assigned to operate (or assist in operating) equipment to the extent the equipment isused for monitoring and communicating movement of air and sea traffic, with respect to criminal violation of the laws specified in paragraph 38. (3) In emergency circumstance, equipment operated by (or operated with the assistance of) Army personnel may be used outside the land area of the United States (or any US territory or possession) as a base of operations by Federal law enforcement officials to (a) Facilitate the enforcement of a law listed in paragraph 38. (b) Transport such law enforcement officials in connection with such operations. (4) Emergency situations in (3) above are subject to the following limitations: (a) Equipment operated by (or with the assistance of) DOD personnel may not be used to interdict or interrupt the passage of vessels or aircraft; the exception is when DOD personnel are otherwise authorized to take such action, with respect to a civilian law enforcement operation. (b) A joint determination by the Secretary of Defense and the Attorney General must consider that an emergency circumstance exists (under sec 374(c)(2), title 10, United States Code). An emergency circumstance may be determined to exist for purposes of this subparagraph only under the following situations: when the size and scope of the suspected criminal activity in a given situation poses a serious

threat to the interests of the United States; and enforcement of a law listed in paragraph 38 would be seriously impaired if the assistance described in this subsection were not provided. (c) The emergency authority in this subparagraph may be used only with respect to largescale criminal activity at a particular time or over a fixed period. It does not permit use of this authority on a routine or extended basis.

(d) Nothing in this section restricts the authority of military personnel to take immediate action to save life or property, or to protect a Federal function as provided above. (5) When Army personnel are otherwise assigned to provide assistance with respect to the laws specified in paragraph 38, the participation of such personnel will be consistent with the limitations in such laws.

310. Other permissible assistance The following forms of indirect assistance activities are not restricted by the Posse Comitatus Act: a. Transfer of information acquired in the normal course of military operations. b. Other actions (approved by HQDA) that do not subject civilians to the exercise of military power that is (1) Regulatory. (2) Proscriptive. (3) Compulsory in nature.

Chapter 4 Guidance on Determining Reimbursements for Civilian Law Enforcement Support Note: Guidance in this chapter specifies funding requirements and reporting procedures for use of resources, in cooperation with civilian law enforcement officials; and this guidance also will be used for determining and billing the reimbursable portion of this support.)
41. Reimbursement In general, reimbursement is required when equipment or services are provided to agencies outside DOD. Reimbursement data will be accumulated and reported under financial reporting requirements. a. Primary authority for reimbursement is the Economy Act (sec 1535, title 31, United States Code). Specific guidance on reimbursement for the loan of equipment or supplies is provided in AR 700131, chapter 5. b. Reimbursement for telecommunications services will be under AR 10523 and AR 3761. c. Time permitting, civilian law enforcement officials that come under source code 900 (sec AR 37100)
will provide the supporting installation with a fund advance; this fund advance will be based on the estimated cost of equipment and services.

42. Documentation As a part of normal administrative control procedures, a copy of the civilian law enforcement agency request (or a statement of the requested support) and the official approval should be retained by the organization providing the assistance. Dates and locations of the support and the DA resources employed will be included.

43. Accounting system a. The system used to account for the cost of support to civilian law enforcement agencies need not be different than the system management officials have deemed adequate and sufficient for normal administration and control of resources. b. When the accounting system used by management has the capability to accumulate and distribute the indirect costs incurred in providing the support (including the indirect costs for the overall management of the activity) that system should be used to accumulate the indirect costs. (1) The existing accounting system should be used when it can be modified efficiently to provide a systematic and rational indirect costing process. This system then would be beneficial in the daytoday operations of the activity. (2) If management has no other recurring or significant use for an accounting system which separately can identify direct and indirect costs, the COA will establish a memorandum costing or cost finding system for activities providing support to civilian law enforcement agencies.

44. Costing a. Incremental costs of support provided to any nonDOD agency by an Army industrial fund activity will be reimbursed. Accordingly, normal industrial fund accounting procedures will apply. b. When permissible, automatic reimbursable accounting procedures will be used to record a request for reimbursable support with subsequent billing on not less than a quarterly basis if the support provided by an Army element is over an extended period. Moreover, payment is required within 30 days of the date of the b d

ill. Payment may not be withheld over disagreement of cost for a specific item contained in the billing
ocument.
45. Waivers
a. When reimbursement is
e, a request for waiver of
imbursement may be gr
 HQDA(DALOSMS or
MOODS
SD(M
&L) is the a
va
to waive
not required by law for a particular form of assistanc
anted. Requests for waivers must be submitted to
re
DA
as appropriate), WASH DC 20310. The A
RA
ppro
l authority
reimbursement.
b
(1
n assistance under this regu
(a
ovided as an incidental aspect
. A request for waiver may be granted in the following circumstances:
) Whe
lation
) Is pr
of an activity that is conducted for a military purpose.
) Involves use of Army personnel in an activity that provides the Army with training or operational
(b
benefits substantially equivalent to the benefit of Army training or operations. (2) When reimbursement is not otherwise required by law. (3) Waiver of reimbursement is determined not
c.
co
ation
(1) B
etary resources available to
 to have an adverse impact on military preparedness.
 When evaluating requests for waivers of reimbursement, HQDA(DAMOODS) will take into
nsider
udg
 civilian law enforcement agencies.
) Past practices with respect to similar types of assistance.

## S Ection I

R 14
mployment of Department of the Army Resources in Support of the United States Secret Service. (Cited udgeting, Funding, and Reimbursement for Telecommunications Support of Army Activities. (Cited in ited in para 41c.)
R 7515
y Intelligence Activities. (Cited in paras 21c and d, 22, 24b, 25d, and 31e(1).)
R 38120
(2
Appendix A Required Publication S Required Publications A
E in para 25a.)
AR 3761
B para 41b.)
AR 37100
Account/Code Structure. (C
A
Responsibilities and Procedures for Explosive Ordnance Disposal. (Cited in para 25a.)
AR 10523
Administrative Policies and Procedures for Base Telecommunications Services. (Cited in para 41b.)
AR 34017
Release of Information and Records from Army Files. (Cited in paras 21b and 22.)
AR 34021
The Army Privacy Program. (Cited in paras 21b and 22.)
AR 3605
Public Information. (Cited in para 16a.)
AR 38013
Acquisition and Storage of Information Concerning Nonaffiliated Persons and Organizations. (Cited in para 22.)
AR 38110
US Arm A
US Army Counterintelligence (CI) Activities. (Cited in paras 22 and 31e(1).)
AR 38145
Investig ative Records Repository (IRR). (Cited in para 21b.)
AR 50050
Civil Di sturbances. (Cited in para 25a, 31a, and 34b and c.)
AR 50060
D
isaster Relief. (Cited in para 25a.)
Section II Required Publications S
B1. Th enforcement officials. Reports can be submitted electronically or in writing, bu E
t app AR 700131
Loan of Army Materiel. (Cited in para 25b(2) and 41a.)
Appendix B
ample Format for Quarterly Report of Assistance to Law Enforcement Officials is appendix provides a standard format for submitting quarterly reports of assistance to civilian law t must follow this format.

xplanatory data should be confined to the remarks entries at paragraph B2a(14) and B2b(15). Entries no licable for the reporting period should still be reported and annotated as not applicable.

 in three parts, as outlined below.

r requests for assistance from civilian law enforcement officials (other than equipment).

 Requesting activ Support requ onnel, expe ice, training, and so forth).

sted.

roved, pending, or denied).

B2. The report is
a. Part I. Part I is fo (1)
ity.
(2) Request date.
)
ested (facilities, information, pers
rt adv
(3 (4) Support period reque (5) Approval status (app (6) Approval authority. (7) Rationale for disapproval. (8) Period support provided. (9) Incremental costs to Army ($). (10) Costs paid (year or now). (11) Rental fee (for buildings, facilities, and so forth). (12) Rental fee paid (year or now). (13) Number of personnel, workdays, and grade (civilian and military). (14) Remarks. b. Part II. Part II is for all equipment loans. (1) Requesting activity. (2) Request date. (3) Item requested. (4) Quantity. (5) Loan period requested. (6) Approval status (approved, ending, or denied). (7) Approval authority. (8) Rationale for disapproval. (9) Date equipment shipped. (10) Incremental costs to Army ($). (11) Costs paid (year or now). (12) Rental fee ($). (13) Rental fee paid (year or now). (14) Equipment returned (year or now).
(15) Remarks. c. Part III. Part III is for Explosive Ordnance Disposal (EOD) support. (1) USSS support(number). (2) Other Very Important People support(number). (3) Other incident responses(number). (4) Classes taught(number).

## To Civilian Authorities

APPENDIX **2-9:** SECNAVINST 5820.7B - COOPERATION WITH CIVILIAN LAW
ENFORCEMENT OFFICIALS

Source: http://neds.daps.dla.mil/Directives/5820b7.pdf


APPENDIX **2-10:** AFI 10-801 - ASSISTANCE TO CIVILIAN LAW ENFORCEMENT
AGENCIES

BY ORDER OF THE AIR FORCE


INSTRUCTION 10-801
SECRETARY OF THE AIR FORCE


15 APRIL 1994

      Operations

ASSISTANCE TO CIVILIAN LAW ENFORCEMENT AGENCIES
______________________________________________________________________________________ This instruction implements AFPD 10-8, *Support to Civil Authorities*, and Department of Defense (DoD)
Directive 5525.5, *DoD Cooperation with Civilian Law Enforcement Officials*, January 15, 1986, with Change 1. It provides guidance and procedures concerning support for Federal, state, and local civilian law enforcement agencies (LEA), specifying limitations and restrictions on using Air Force members and resources in the active and reserve forces, military and civilian, and the Air National Guard units or members when federalized. Send recommended changes, additions, deletions, and any conflict or duplication of other reports to HQ USAF/XOOOD, 1480 Air Force Pentagon, Washington DC 20330- 1480. Provide copies of publications that support or implement this AFI to HQ USAF/XOOOD. Waiver authority for this instruction is HQ USAF/XOO. See attachment 1 for references, abbreviations, acronyms, and terms used in this instruction.

SUMMARY OF CHANGES This first issuance of AFI 10-801 aligns the instruction with AFPD 10-8, incorporates the requirements, information, and procedures formerly in AFR 55-35, and reorganizes text. It differentiates between drug and nondrug law enforcement support, consolidates reporting criteria concerning drug and nondrug related matters, updates DoD quarterly report nomenclature, and eliminates detailed instructions.


Chapter 1
GENERAL POLICIES AND RESPONSIBILITIES 1.1. Air Force Support Concepts:
1.1.1. Assist LEAs to the maximum extent practical as permitted by law.

1.1.2. Do not provide assistance if it could adversely affect national security or military preparedness. Support recommendations denying assistance on military preparedness grounds with clear and specific evidence. 1.1.3. When unable to provide assistance due to lack of the requested resources, recommend suitable substitutes. 1.2. Major Command (MAJCOM), Field Operating Agency (FOA), and Direct Reporting Unit
(DRU) Commanders:
1.2.1. Establish OPRs to coordinate with supported CINCs, Regional Logistical Support Offices (RLSO), and LEAs. 1.2.2. Compile and submit a complete OPR listing to HQ USAF/XOOOD and notify HQ USAF/XOOOD of changes.


1.3. Component Commanders. Advise unified commander when disapproval of a request for support is recommended based on readiness.


4. Public Affa pr
1.

irs Offices. Coordinate proposed release of information on Air Force support to LEAs with ap opriate LEA. All information releases will comply with DoD Directive 5525.5.


1.5. Functional Responsibilities. See attachment 2.

______________________________________________________________________________________
Supersedes AFR 55-35, 22 December 1986.
Certified by: HQ USAF/XOO (Col R.T. Newell III)
OPR: HQ USAF/XOOOD (MSgt Richard M. Walsh)


Pages: 14/Distribution F

Chapter 2
RESTRICTIONS ON USING AIR FORCE PERSONNEL 2.1. Restrictions. Air Force personnel may not actively participate in or perform activities that would violate the *Posse Comitatus Act,* United States Code (18 U.S.C. 1385), Use of the Army and Air Force as Posse Comitatus, and, 10 U.S.C. 18, *Military Support for Civilian Law Enforcement Agencies*. 2.2. Military Working Dog Teams (MWDT). Restrictions on assistance provided to LEAs differ based on type of support requested.

- Drug Detection Dog teams (DDD). See DoD Instruction 5525.10. - Explosive Detection Dog teams (EDD). See DoD Directive 5525.5 and AFI 31-202. - Obtain guidance for MWDTs from HQ AFSPA, Kirtland AFB, NM 87117-6001, DSN 246- 2875, commercial (505) 846-2875, FAX DSN 246-1360.

______________________________________________________________________________________

Chapter 3
SUPPORT PROCESSING AND REPORTING PROCEDURES 3.1. Operational Support:
3.1.1. Process requests through the supported CINC's operations center. SECDEF delegated approval authority to the CINCs for counterdrug (CD)-related operational support to the United States and foreign drug LEAs. (See Operational Support at attachment 3.) 3.1.2. Notify HQ USAF/XOO immediately through Air Force Operations Support Center (AFOSC) on contentious support issues received from a CINC; i.e., issues which may attract international, national, US Air Force, or significant news media interest. 3.1.3. Include full details and recommendations on all requests. 3.1.4. See DoD Directive 5525.5, CJCS Instruction 3710.01, and appropriate Combined, Specified, and Unified Command directives for further guidance concerning operational support processing and approval procedures. 3.2. Non-Operational Support:
3.2.1. LEA Support Requests Received by Regional Logistical Support Office (RLSO). RLSO
identifies the best source and the approval authority, and contacts the approval authority through Service command channels to request support. Each regional area, address, location and phone number is listed in attachment 5.

3.2.2. LEA Support Requests Received by HQ USAF and Intermediate Commands:
3.2.2.1. Refer routine LEA support requests to the appropriate RLSO for action. 3.2.2.2. Notify HQ USAF/XOO immediately through the AFOSC for situations requiring short-notice support and for requests concerning contentious issues.

3.2.3. LEA Support Requests Received by Local Installations:
3.2.3.1. Accept routine support requests. 3.2.3.2. If installation commander is able and has the authority to fulfill the request (see Non-Operational Approval Authorities at attachment 4), the installation commander will provide the support. The OPR will contact the appropriate RLSO for a control number for the support provided. 3.2.3.3. If the installation has the requested equipment, but is not the approval authority, the OPR will notify the RLSO, obtain a control number, and forward the request through command channels to the approval authority.
3.2.3.4. If the installation does not have the equipment or the equipment is not available for loan, the OPR will notify the RLSO, so the RLSO can tak 3.2.3.5. Notify HQ USAF/XOO immediately through AFOSC during situations requiring s su ag
3.2.3.

e further action.
hort-notice
pport and for requests concerning contentious issues. AFOSC will notify appropriate persons and
encies.
6. Up-channeled LEA support requests should include:
- Requesting agency. - Date request received. - RLSO control number. - Equipment requested (NSN, model number, name, and quantity). - Location of unit or installation where support is available. - Location where support will be used. - How support will be used. - Dates for requested support. - Estimated cost (equipment value if lease/loan), reimbursement arrangements or recommendation, and DoD funding source if applicable. If the requesting agency asks for a reimbursement waiver, include a recommendation for approval or denial with specific reasons (see paragraph 5.4). 3.3. Support Approval or Disapproval Recommendation:
3.3.1. Include information about the requesting agency and whether DoD support is critical for the stated purpose. 3.3.2. Give specific rationale for a disapproval recommendation (e.g., other agencies can provide the requested support, readiness impact, legal determination, etc.). 3.3.3. Forward requests from LEAs for the no-cost transfer of excess DoD property to the Office of Drug Enforcement Policy and Support (USDP/DEP&S) for coordination and approval according to DoD Directive 5525.5. 3.3.4. Refer to AFMAN 23-110, *USAF Supply Manual* (formerly AFM 67-1) and AFI 32-9003, Outgrant
of Real Property (formerly AFRs 87-3, 87-7, 87-9, and 87-16) for specific guidance when providing equipment and facilities to LEAs.

Chapter 4
USING COLLECTED INFORMATION 4.1. Information Support Concept:
4.1.1. Air Force personnel may provide information obtained in the normal course of their duties to LEAs when there is reason to believe Federal, state, or local laws were violated within the LEAs' jurisdictions. 4.1.2. Air Force personnel may obtain and provide information to LEAs when the collection of the information is an incidental aspect to a valid Air Force training or operational mission.


Chapter 5
FUNDING AND REIMBURSEMENT

5.1. Funding. Financial managers at all levels will ensure Air Force CD funds are used only for supporting counterdrug activities. Refer questions on applicability to comptroller. Work through normal channels to obtain funding for non-CD purposes. *NOTE*: Public Law (P.L.) 101-510, Section 1004, Additional Support for Counterdrug Activities, provides funding for certain DoD support to drug LEAs -- including specialized training, maintenance, or transportation Air Force has a unique capability to provide. Before incurring expenses, request funding through SAF/FMBP and SAF/MIR.


5.2. Reimbursement Policy. Primary authority for reimbursement is the *Economy Act* (31 U.S.C. 1535). In general, LEAs outside DoD must reimburse for equipment or services provided. LEAs may request reimbursement waivers according to this AFI and DoD Directive 5525.5. 5.2.1. Loans under the *Economy Act* are limited to the Federal government. Air Force may lease resources under 10 U.S.C. 2667 to agencies outside the Federal government (see attachment 3 for approval authorities). See AFI 65-601, Volume 1, for specific guidance on reimbursement for the loan of equipment or supplies and AFI 33-103 for reimbursement for communications computer systems services. 5.2.2. Time permitting, non-Federal LEAs will identify a preapproved funding source to the supporting installation based on the estimated cost of equipment and services. 5.2.3. Do not deny requests of immediate nature because of the inability or unwillingness of the requester to reimburse Air Force. Direct questions concerning reimbursement procedures to SAF/FMBP, 1130 Air Force Pentagon, Washington DC 20330-1130, DSN 224-3642.


5.3. Reimbursement Costs. Charge LEAs standard DoD pricing.

5.3.1. The applicable Defense Business Operations Fund (DBOF) activity will bill for any services provided to LEAs using standard billing procedures. (Normal DBOF accounting procedures apply.) NOTE:
The 1994 Defense Appropriations Act provides for specific funds appropriated for drug interdiction and counterdrug activities be made available only for the Gulf States (Alabama, Louisiana, and Mississippi) Counterdrug Initiative (GSCI). 5.3.2. Up-channel reimbursement problems to SAF/MIR.


5.4. Reimbursement/Lease Waivers. Submit LEA waiver requests to SAF/MIR.

5.4.1. OPRs providing support will include dollar value of waivers according to DoD 7220.9-M, Chapter 26, Department of Defense Accounting and Reporting for Government Property Lost, Damaged, or Destroyed, March 1991, when forwarding requests to SAF/MIR. 5.4.2. SAF/MIR may grant reimbursement/lease waivers when support is provided in the normal course of military training or operations, results in a benefit to the Air Force that is substantially equivalent to that which would otherwise be obtained from military training or operations, or is in the public interest. (SAF/MIR will consider the LEA's budgetary resources and past determinations for similar types of support when evaluating waiver requests.) NOTE: SAF/MIR will not grant reimbursement waivers when deletion of funds from the Air Force account would adversely affect national security or military preparedness. 5.4.3. Ensure LEAs provide a surety bond to cover the cost of lost or damaged property belonging to Air Force. 5.5. Accounting System:
5.5.1. Use Emergency Special Project (ESP) Code "MA" to capture and report total costs (including military and civilian personnel costs) relating to Air Force CD assistance provided to LEAs. 5.5.2. Record all costs for LEA operations and support with ESP Code "MA." Report incremental costs in RCS: DD-DEP&S(Q)1595, *Report on Support to Civilian Law Enforcement*. (ESP Code "MA" total costs are more inclusive than RCS: DD-DEP&S(Q)1595 incremental costs.) 5.5.3. Record USAF aircraft flight hours flown in support of DoD operations using specific mission symbols (i.e., AWACS/T7) on AFTO Form 781, AFORM Aircrew/Mission Flight Data Document, according to AFI 11-401 and include in RCS: DD-DEP&S(Q) 1595 report.


5.6. Documentation Procedures. As part of normal administrative control procedures, retain copies of LEA requests (or statements of requested support) and official approvals. Include dates and locations of support and Air Force resources used.


Chapter 6
REPORTING REQUIREMENTS FOR MAJCOM, FOA, AND DRU OPRS 6.1. Reporting Requirements:
6.1.1. Compile and submit a quarterly RCS: DDDEP& S(Q)1595 on all drug and nondrug related requests for assistance and support to LEAs. (See attachment 6 for format.) 6.1.2. Include a numeric cumulative summary, describing activity for the fiscal year to date, and submit to HQ USAF/XOOOD, 1480 Air Force Pentagon, Washington DC 20330-1480 by the 15th of the month following the end of the fiscal quarter.



BUSTER C. GLOSSON, Lt General, USAF


DCS/Plans and Operations

 6 Attachments 1. Glossary of References, Abbreviations, Acronyms, and Terms 2. Functional Responsibilities
3. Approval Authority for Counterdrug Operational Support
4. Approval Authority for Counterdrug Non-Operational Support 5. Regional Logistical Support Offices (RLSO) 6. Format for Preparing RCS: DD-DEP&S(Q)1595, Report on Support to Civilian Law Enforcement
AFI 10-801 Attachment 1 15 April 1994 5
GLOSSARY OF REFERENCES, ABBREVIATIONS, ACRONYMS, AND TERMS Section A--References
Title 10, United States Code, Chapter 18, Military Support for Civilian Law Enforcement Agencies Title 10, United States Code, 2576, Surplus Military Equipment: Sale to State and Local Law
Enforcement
Title 10, United States Code, 2667, Leases: Non-Excess Property Title 18, United States Code, 1385, Posse Comitatus Act DoD Directive 5525.5, *DoD Cooperation with Civilian Law Enforcement Officials,* January 15, 1986, with
Change 1
DoD Instruction 5525.10, Using Military Working Dog Teams (MWDTs) to Support Law Enforcement
Agencies in Counter - drug Missions, September 17, 1990
CJCS Instruction 3710.01, Delegation of Authority for Approving Operational Support to Drug Law
Enforcement Agencies and Counterdrug-Related Deployment of DoD Personnel
Public Law 101-510 1004 (as amended by Public Law 102-484 1041), Additional Support for
Counterdrug Activities
AFMD 37, *Air Force Office of Special Investigations* (formerly AFR 23-18) AFPD 10-8, Support to Civil Authorities AFPD 14-1, Intelligence Management AFPD 14-2, Intelligence Collection, Production, and Application AFPD 14-3, Control, Protection, and Dissemination AFPD 36-50, Civil Air Patrol AFI 10-206, *Operational Reporting* (formerly AFR 55-55) AFI 10-802, Support During Disasters AFI 11-401, *Flight Management* (formerly AFR 60-1) AFI 31-202, *Military Working Dog Program* (formerly AFR 125-5) AFI 31-401, *Information Security Program Management* (formerly AFRs 205-1 and 205-43) AFI 32-9003, *Outgrant of Real Property* (formerly AFRs 87-3, 87-7, 87-9, and 87-16) AFI 33-103, *C4 Systems Requirements, Development and Processing* (formerly AFR 700-3)
AFI 37-132, *Privacy Act Program* (formerly AFR 12-35)
AFI 65-601, Volume 1, *Budget Policies and Procedures* (formerly AFRs 172-1, Volume 1, and AFR 172-
8)
AFI 71-101, Volume 1, Criminal Investigations, Counterintelligence, and Protective Service Matters Section B--Abbreviations and Acronyms Abbreviations or Acronyms


Definitions
AF/DP

The Deputy Chief of Staff, Personnel
AF/IN

Air Force Intelligence
AF/JAG

The Judge Advocate General
AF/LG

The Deputy Chief of Staff, Logistics
AFOSI

Air Force Office Of Special Investigations
AF/REO

Directorate of Operations and Requirements, Office of Air Force Reserve
AF/SC

The Assistant Chief of Staff, Systems for Command, Control, Communications,


and Computers

| AF/SP                                                                                                      |                                                | Chief, Air Force Security Police                                             |
|------------------------------------------------------------------------------------------------------------|------------------------------------------------|------------------------------------------------------------------------------|
| AFSPA                                                                                                      |                                                | Commander, Air Force Security Police Agency                                  |
| AF/XOO                                                                                                     |                                                | Director of Operations, Deputy Chief of Staff, Plans and Operations          |
| AF/XOOOD                                                                                                   |                                                | Air Force Counterdrug Operations Division                                    |
| ANG                                                                                                        |                                                |                                                                              |
| ANGRC                                                                                                      |                                                | Air National Guard Readiness Center                                          |
| C4                                                                                                         |                                                |                                                                              |
| CD                                                                                                         |                                                |                                                                              |
| CINC                                                                                                       |                                                | Commander in Chief                                                           |
| CJCS                                                                                                       |                                                |                                                                              |
| DDD                                                                                                        |                                                |                                                                              |
| DEA                                                                                                        |                                                |                                                                              |
| DIA                                                                                                        |                                                |                                                                              |
| DoD                                                                                                        |                                                |                                                                              |
| DRU                                                                                                        |                                                |                                                                              |
| EDD                                                                                                        |                                                |                                                                              |
| EPIC                                                                                                       |                                                |                                                                              |
| FOA                                                                                                        |                                                |                                                                              |
| JCS                                                                                                        |                                                |                                                                              |
| LEA                                                                                                        |                                                |                                                                              |
| MAJCOM                                                                                                     |                                                | Major Command                                                                |
| MWDT                                                                                                       |                                                | Military Working Dog Team                                                    |
| OPR                                                                                                        |                                                |                                                                              |
| RLSO                                                                                                       |                                                | Regional Logistical Support Office                                           |
| SAF/AQ                                                                                                     |                                                | The Assistant Secretary of the Air Force, Acquisition                        |
| SAF/FM                                                                                                     |                                                | The Assistant Secretary of the Air Force, Financial Management and           |
|                                                                                                            |                                                |                                                                              |
| SAF/GC                                                                                                     |                                                | Office of the General Counsel                                                |
| SAF/MI                                                                                                     |                                                | The Assistant Secretary of the Air Force for Manpower, Reserve Affairs,      |
|                                                                                                            |                                                |                                                                              |
| SAF/MIR                                                                                                    |                                                | Deputy Assistant Secretary of the Air Force, Reserve Affairs and Counterdrug |
|                                                                                                            |                                                |                                                                              |
| SAF/PA                                                                                                     |                                                | The Office of Public Affairs                                                 |
| SECDEF                                                                                                     |                                                | Secretary of Defense                                                         |
| USDP/DEP&S                                                                                                 | Office for Drug Enforcement Policy and Support |                                                                              |
|                                                                                                            |                                                |                                                                              |
| Section C--Terms                                                                                           |                                                |                                                                              |
|                                                                                                            |                                                |                                                                              |
| Host Nation                                                                                                |                                                |                                                                              |
| --                                                                                                         |                                                |                                                                              |
| A nation which receives the forces and/or supplies of allied nations to be located on, or to               |                                                |                                                                              |
| operate in, or to transit through its territory.                                                           |                                                |                                                                              |
|                                                                                                            |                                                |                                                                              |
| Joint Task Force (JTF)                                                                                     |                                                |                                                                              |
| --                                                                                                         |                                                |                                                                              |
| A force composed of assigned or attached elements of the Army, Navy or Marine                              |                                                |                                                                              |
| Corps, and the Air Force, or two or more of these Services, which is constituted and so designated by the  |                                                |                                                                              |
| Secretary of Defense or by the commander of a unified command, a specified command, or an existing         |                                                |                                                                              |
| joint task force..                                                                                         |                                                |                                                                              |
|                                                                                                            |                                                |                                                                              |
| Law Enforcement Agency (LEA)                                                                               |                                                |                                                                              |
| --                                                                                                         |                                                |                                                                              |
| Non-DoD government agency chartered and empowered to enforce                                               |                                                |                                                                              |
| laws in the jurisdictions of the United States, a state (or political subdivision) of the United States, a |                                                |                                                                              |
| territory or possession (or political subdivision) of the United States, and within the borders of a host  |                                                |                                                                              |
| nation.                                                                                                    |                                                |                                                                              |
|                                                                                                            |                                                |                                                                              |
| Loan/Lease                                                                                                 |                                                |                                                                              |
| --                                                                                                         |                                                |                                                                              |
| Air Force material, equipment, and property (including real estate) temporarily provided to                |                                                |                                                                              |
| drug LEAs under 10 U.S.C 2667. Only Federal LEAs are authorized loan of Air Force equipment/facilities.    |                                                |                                                                              |
| The borrowing agencies are responsible for all delivery, return, and costs associated with depreciation,   |                                                |                                                                              |
| maintenance, and consumable items.                                                                         |                                                |                                                                              |
|                                                                                                            |                                                |                                                                              |

di Military Support for Civilian Law Enforcement Agencies--Title 10, United Sates Code. These statutes co fy DoD's authority to assist LEAs.


Non-Operational Support--Counterdrug support provided to LEAs which includes loan or lease of equipment without operators, use of facilities (such as buildings, training areas, and ranges), training conducted by formal schools, transfer of excess equipment, or other support provided by the Services from forces not assigned or made available to the CINCs. Military working dog support will be provided according to DoD Instruction 5525.10 and AFI 31-202.


Operational Support--Counterdrug support to LEAs involving military personnel and their associated equipment and training, provided by the CINCs from forces assigned to them or made available to them by the Services for this purpose. Operational support is not defined as support in the form of equipment alone. It can include the use of facilities, military working dog support, training in formal schools, or the conduct of joint law enforcement investigations by military criminal investigative organizations with cooperating civilian LEAs.


Posse Comitatus Act, Title 18, United States Code, Section 1385 (18 U.S.C. 1385)--This criminal statute restricts direct military participation in law enforcement activities conducted within the United States and its territories. It provides the following: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years or both."

Regional Logistical Support Offices (RLSO)--Responsible for CD Non-Operational support from Federal, state, and local LEAs located within area of responsibility (AOR). Operates under the direction of USDP/DEP&S (Plans and Support Directorate). Provides focal points for LEAs seeking non-operational logistics and training support in drug law enforcement matters. 8 AFI 10-801 Attachment 2 15 April 1994

FUNCTIONAL RESPONSIBILITIES A2.1. SAF/MI:
 Serves as the principal advisor to the Secretary of the Air Force on all matters related to LEA support.  Serves as the Air Force executive agent for all contacts with USDP/DEP&S and other DoD components.  Exercises approval authority for LEA assistance requests. A2.2. SAF/MIR:
 Exercises approval authority for LEA drug-related matters.  Exercises approval authority for CD reimbursement/lease waivers.  Serves as the chairperson for the Air Force Civil Law Enforcement Support Steering Group.  Advises SAF/MI in role as Air Force executive agent.  Brings together experts from operations, legal, budget, logistics, personnel, and law enforcement staff agencies to develop support policies and procedures.


A2.3. AF/XOO. Serves as USAF focal point for cooperating with LEAs and provides a single HQ USAF
OPR for processing requests for assistance requiring submittal for review by SAF/MI.


A2.4. SAF/AQ. Provides a single USAF OPR for acquisition issues.


A2.5. SAF/FM. Provides policy and procedural guidance on costing, reimbursement, and accounting for support provided to LEAs. A2.6. SAF/GC:
- Provides legal advice and assistance to SAF/MI and other OPRs. - Coordinates with DoD/GC as required.


A2.7. SAF/PA. Provides a single USAF OPR for information release issues.


A2.8. AF/DP. Provides a single USAF OPR for detailing of military personnel to supported CINCs and LEAs.


A2.9. AF/IN. Provides a single USAF OPR for requests for USAF intelligence assistance.


A2.10. AF/JAG. Provides a single USAF OPR for resolving legal issues.


A2.11. AF/LG. Provides a single USAF OPR for review of logistics impacts of support for LEA requests for Air Force equipment, spares, repairable support, or maintenance support personnel.


A2.12. AFOSI: Provides a single USAF OPR for investigative services to Air Force commanders for violations of laws by Air Force members (emphasis on the detection, interdiction, suppression, and monitoring of the flow of drugs into the United States via Air Force channels).


A2.13. AF/REO. Provides a single USAF OPR for Air Force Reserve Policy. A2.14. AF/SC:
- Provides a single USAF OPR for providing any communications and automated data processing equipment or networks for LEA use. - Advises on capabilities available for particular employments.


A2.15. AF/SP. Provides a single USAF OPR for requests for security police assistance. A2.16. AFSPA. Serves as DoD executive agent for missions performed by MWDTs, regardless of Service. A2.17. ANGRC:
- Provides a single USAF Air National Guard OPR for Air National Guard support issues.

AFI 10-801 Attachment 2 15 April 1994 9
- Coordinates state CD plans and monitors their implementation in conjunction with the DoD Drug Coordinator. - Promulgates instructions for providing LEA support and keeps HQ USAF/XOOOD informed of Air National Guard CD support.


A2.18. HQ AFRES/DO (Robins AFB, Georgia). OPR for operational matters and for responsibilities in paragraph 1.2 (MAJCOM, FOA, & DRU Commanders). 10 AFI 10-801 Attachment 3 15 April 1994

APPROVAL AUTHORITY FOR COUNTERDRUG OPERATIONAL SUPPORT CINCs have authority to approve the following operational support to drug LEAs and CD-related deployment of DoD personnel within their areas of responsibility:
- Ground reconnaissance. - Detection, monitoring, and communications. - Aerial. - CD-related training of drug LEA personnel. - Nonherbicidal eradication. - Linguistics. - Transportation. - Intelligence.

- Tunnel detection. - Divers for subsurface hull inspection. - Military engineering or training. - Use of military vessels for establishing bases of operations for drug LEAs.
- Maintenance.
- Host nation drug LEA operational support and foreign drug LEA CD-related deployments of DoD personnel. AFI 10-801 Attachment 4 15 April 1994 11

APPROVAL AUTHORITIES FOR COUNTERDRUG NON-OPERATIONAL SUPPORT
Type of Support


Approval Authority
 1. Arms, ammunition, tactical vehicles, vessels, and aircraft.

SAF/MI*
2. Equipment purchase requests from Federal agencies.
MAJCOM, FOA, & DRU commanders**
3. Maintenance personnel to install, perform maintenance on,  MAJCOM, FOA, DRU commanders and train LEA users on loaned or leased equipment. 4. Loan/lease/use of equipment (other than para 1) or
MAJCOM, FOA, DRU commanders***
facilities for more than 60 days. 5. Loan/lease/use of equipment (other than para 1) or
Base, wing, & installation commanders facilities for 60 days or less.

Note: SAF/MI exercises approval authority for assistance on *all* nondrug related requests.

*Notify SECDEF within 48 hours of decision. **May delegate to local commanders ***Notify AF/XOOOD, SAF/MI, and USDP/DEP&S within 48 hours of decision.

12 AFI 10-801 Attachment 5 15 April 1994

REGIONAL LOGISTICAL SUPPORT OFFICES (RLSO)

Region I. Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, (see Note 1). PO Box 400, Buffalo NY 14225, Commercial (716) 846-3187, Fax (716) 856-3067.


Region II. Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia, US Virgin Islands, and Puerto Rico. Brickell Plaza Federal Building, 909 Southeast First Avenue, Room 432, Miami FL 33131-3050, Commercial (305) 530-7911, Fax (305) 536-5842.


Region III. Arizona, Arkansas, California, Colorado, Kansas, Missouri, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (see Note 2). PO Box 5050, El Paso TX 79937, Commercial (915) 568-9085, Fax (915) 568-9091, DSN 978-9085.


Region IV. Alaska, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, and Washington
(see Notes 1 & 2). 501 West Ocean Boulevard, Suite 100, Long Beach CA 90822-5399, Commercial (310)
980-4300, ext 580/1/2/3/4, Fax (310) 980-4385, MODEM (310) 980-4386, DSN 360-6414.


NOTES:
1. RLSO Regions I & IV share responsibilities for Washington, Idaho, and Montana. Within those states, Region I is OPR for requests involving Operation North Star and Alaska; Region IV is OPR for all other non-operational support.

2. RLSO Regions III & IV share responsibilities for California. Within California, Region III is the OPR for requests involving Operation Alliance and Region IV is OPR for all other non-operational support. AFI 10-801 Attachment 6 15 April 1994 13

FORMAT FOR PREPARING RCS: DD-DEP&S(Q)1595,
REPORT ON SUPPORT TO CIVILIAN LAW ENFORCEMENT Report levels of activity for each of the following: I. Aviation assistance to LEAs:
A. Type aircraft (if not active Air Force, specify component, i.e., ANG, AFRES) furnished. B. Number of sorties (dedicated and/or associated). C. Flying hours. (If a sortie was flown for more than one CINC or agency, do not count the sortie more than once, i.e., USACOM 4.2, SOUTHCOM 3.1, Sortie 1.) D. Number and type of specific drug LEA requests (aircraft identification, surveillance, logistics, miscellaneous) supported by aviation assistance. II. Facilities support (no-cost lease):
A. Type of facility. B. Agency supported. C. Facility location. D. Facility value ($). III. Equipment on loan to drug LEAs:
A. Receiving unit or agency. B. Present location of equipment. C. Type of equipment. D. Number of items loaned. E. Inclusive dates of loan. F. Value of each item loaned. G. Total value of items loaned. IV. Equipment on loan to drug LEAs with lease waiver:
A. Waiver authority. B. Receiving unit or agency. C. Present location of equipment. D. Type of equipment. E. Number of items loaned.
F. Inclusive dates of loan. G. Value of each item loaned. H. Total value of items loaned. V. Training of drug law enforcement personnel:
A. Agencies supported. B. Location of training. C. Type of training provided. D. Number of personnel trained. E. Dates training was provided. VI. Personnel detailed to drug LEAs (recap):
A. Agencies supported. B. Location of detailees. C. Number of personnel detailed. D. Dates detailed. E. Type of duty performed.
I. VI  MTT(s) deployed to assist drug LEAs and host nations:
A. Type of MTT deployed. B. Number of teams deployed.
C. Deployed location.
D. Dates of deployment. VIII. Missions supported:
A. Types of missions. B. Numbers of missions. C. Dates of missions: Chronological description of missions supported (include operation code names). IX. Military Working Dog Teams (MWDTs):
A. Drug Detector Dog (DDD):
1. Number of requests received. 2. Number of requests supported. 3. Number of teams deployed. 4. Dates of deployment 5. Man-hours and man-days expended. 6. Marginal/incremental costs (nonreimbursed expenses).
B. Explosive Detector Dog (EDD):
1. Number of requests received. 2. Number of requests supported. 3. Number of teams deployed. 4. Dates of deployment. 5. Man-hours and man-days expended. 6. Marginal/incremental costs (nonreimbursed expenses). X. Intelligence activities: Intelligence assistance or information relevant to a violation of any Federal or state law provided to EPIC/DEA or LEAs. XI. Support under Section 1004 Authority:
A. Name of operation or project number. B. Component providing support. C. Supported agency. D. Date of support. E. Category of support (refer to the 8 categories of Sec 1004). F. Dollar value of support and appropriation account.
G. Type of fund (e.g., Sec 1004, other counterdrug funds, military department or agency funds-- include project codes). XII. Support under Gulf States Counterdrug Initiatives (GSCI):
A. Name of operation or project number. B. Component providing support. C. Supported agency. D. Date of support. E. Description of support. F. Dollar value of support and appropriation account. G. Type of fund (e.g., P.L. 101-510, Section 1004, other counterdrug funds with project code, military department or agency funds. Fund reports may be duplicative, e.g., funds may be counted as both P.L.101-510, Section 1004 and GSCI. If funds are counted in more than one category, annotate where the amounts are being double counted.)

APPENDIX **2-11:** SUPPORT TO DOJ

PAAUZYUW RUEADWD1129 0731335-UUUU-RUEASRB RUERPHB.

ZNR UUUU P 130834Z MAR 00 FM DIRMILSPT DCSOPS WASHINGTON DC//DAMO-ODS// TO RUEASRB/CDR FORSCOM FT MCPHERSON GA//AFOP-OCT// RUEANBA/CDRUSACIDC WASHDC //CIOP// INFO RUEADWD/SA WASHINGTON DC// RUEADWD/CSA WASHINGTON DC RUEAWJA/DEPARTMENT OF JUSTICE WASHINGTON DC RUERMFA/CDRIIICOPRS FT HOOD TX// RUEKJCS/JOINT STAFF WASHINGTON DC//J3WHEM/J3// RUEKJCS/SECDEF WASHINGTON DC //
RUEADWD/DA WASHINGTON DC//SASA-MS//
BT UNCLAS SUBJ: DOD SUPPORT TO DEPARTMENT OF JUSTICE OPER/ DOD SUPPORT TO DOJ// ORDTYPE/FRAGO1/SECRETARY OF THE ARMY// REF/A/DODD 3025.15/18 FEB 97// REF/B/31 USC 1535/THE ECONOMY ACT// REF/C/DOJ RFA/8 FEB 00/6 MAR 00// REF/D/OFFICE OF SPECIAL COUNSEL MEMOS DATED/1 FEB 00/9 FEB 00/ PAGE 02 RUEADWD1129 UNCLAS 17 FEB 00// REF/E/OSD EXEC SEC MEMO DATED/11 FEB 00// REF/F/DIRMILSPT EXORD 081536Z MAR 00// NARR/REF A IS THE DOD DIRECTIVE FOR MILITARY ASSISTANCE TO CIVIL AUTHORITIES. REF B IS THE AUTHORITY FOR DOD TO PROVIDE REIMBURSABLE SUPPORT TO FEDERAL AGENCIES. REF C ARE TWO REQUEST FOR ASSISTANCE FROM THE DEPARTMENT OF JUSTICE. REF D ARE THREE MEMOS FROM THE OFFICE OF THE SPECIAL COUNSEL REQUESTING DOD SUPPORT. REF E
IS THE OSD EXEC SEC MEMO PROVIDING SECDEF APPROVAL FOR DOD SUPPORT TO THE DOJ. REF F IS THE DIRECTOR OF MILITARY SUPPORT EXECUTE ORDER DIRECTING SPECIFIC DOD SUPPORT TO DOJ.//
APPENDIX 2- 6 : SUPPORT TO DOJ 249
RMKS/THIS IS A FRAGMENTARY ORDER THAT MODIFIES THE SECRETARY OF DEFENSE APPROVED AND THE SECRETARY OF THE ARMY DIRECTED SUPPORT TO THE DOJ.// TIMEZONE/Z// GENTEXT/SITUATION./ 1. SITUATION. THE DEPARTMENT OF JUSTICE (DOJ) REQUESTED DOD ASSISTANCE ON BEHALF OF THE OFFICE OF THE SPECIAL COUNSEL (OSC) IN ITS CONDUCT OF A FORWARD LOOKING

INFRARED (FLIR) TEST.// 2. MISSION. DOD PROVIDES A LOCATION, PERSONNEL AND EQUIPMENT TO PAGE 03 RUEADWD1129 UNCLAS
SUPPORT DOJ - OSC AS THEY CONDUCT A FLIR TEST ON FORT HOOD, TX, COMMENCING O/A 16 MARCH 2000. (O/A IS PLUS OR MINUS 2 DAYS.) GENTEXT/EXECUTION/ 3. EXECUTION./ 3.A. CONCEPT OF OPERATIONS. DOD WILL PROVIDE SUPPORT TO DOJ - OSC IN THE CONDUCT A FORWARD LOOKING INFRARED TEST.// 3.B. TASKINGS./ 3.B.1. FORSCOM./ 3.B.1.A. DELETE TASKING TO PROVIDE ONE M79 GRENADE LAUNCHER./ 3.B.1.B. PROVIDE ONE M60 7.62 MG, ONE M203 40MM GRENADE
LAUNCHER, AND ONE MK-19 40MM GRENADE MACHINE GUN./ 3.B.1.C. PROVIDE MARKSMEN QUALIFIED TO FIRE THE M60, M203, AND MK-19/
3.B.1.D. PROVIDE 1000 ROUNDS OF 5.56 BALL AMMO, (DODIC A057); 1000 ROUNDS 7.62 LINKED WITH TRACER (4 BALL TO 1 TRACER) (DODIC A131); AND 50 ROUNDS OF 40 MM TP (M918) LINKED FOR THE MK-19. ALL AMMUNITION MUST BE DELIVERED TO THE RANGE IN FACTORY PACKED CONTAINERS. AMMUNITION THAT IS IS PART OF THE FACTORY PACKED CONTAINER BUT NOT USED FOR THE TEST WILL BE RETURNED TO DOD CONTROL./ 3.B.2. US ARMY CRIMINAL INVESTIGATION COMMAND (USACIDC). PROVIDE PAGE 04 RUEADWD1129 UNCLAS ONE OPERATIONAL M79 GRENADE LAUNCHER PER PARA 3.C.2./ 3.C. COORDINATING INSTRUCTIONS./ 3.C.1. DIRECT COORDINATION AUTHORIZED FOR ALCON./
APPENDIX 2- 6 : SUPPORT TO DOJ 250
3.C.2. USACIDC LAB WILL SHIP THE M79 TO THE 11TH MP BN (CID) AT FORT HOOD, TX WHO WILL HAND RECIEPT THE WEAPON TO THE III CORPS AND FT HOOD POC./ 3.C.3. KEEP DOMS INFORMED./
4. ADMIN AND LOGISTICS./ 4.A. IAW THE ECONOMY ACT, THE DOJ WILL REIMBURSE DOD FOR SUPPORT, TO INCLUDE: RESOURCES, EQUIPMENT AND TRANSPORTATION. COMPONENT COMMANDS WILL INITIALLY FUND THE OPERATION. SERVICE COMPONENT COMMANDS WILL CAPTURE AND REPORT COSTS TO SERVICE COMPTROLLER.// 4.B. THE LENGTH OF THE OPERATION IS NOT EXPECTED TO EXCEED 7 DAYS.// 4.C. PUBLIC AFFAIRS. QUERIES REGARDING DOD SUPPORT TO THE DOJ-OSC SHOULD BE REFERRED WITHOUT COMMENT TO THE DOJ, OFFICE OF SPECIAL COUNSEL.// 4.D. ALL EQUIPMENT NOT PHYSICALLY LOCATED AT FORT HOOD, TX
WILL NEED TO BE TRANSPORTED TO THAT LOCATION. LAD 15 MAR 00.// GENTEXT/COMMAND AND SIGNAL/ PAGE 05 RUEADWD1129 UNCLAS
5. COMMAND AND SIGNAL./ 5.A. DOJ POC IS JAMIE ORENSTEIN (202) 514-5000/ 5.B. OSC POC IS GREG HANNAH, (314) 345-2042/ 5.C. OSD GENERAL COUNSEL POC IS DAVID SCHANZER (703) 692-9182/ 5.D. OSD EXECSEC, COL HANEY, (703) 692-7125/ 5.E. FORSCOM POC IS LTC CORBETT, DSN 367-5371/ 5 F. TRANSCOM POC IS COL RON RICHBURG, DSN 576-8105/ 5 G. HQ USACIDC POC, LTC TAYLOR, (703) 806-0300/ 5.H. USACIDC LAB POC, MR. HORNSBY, (404) 362-7048/ 5.I.11TH MP BN (CID) POC, LTC THOMPSON (254) 28-0452/ III CORPS AND FT. HOOD POC IS LTC POMEROY, DSN 737-4211/ 5.J. DOMS POC IS
LTC LA CROSSE, (703) 697-4331, DSN 227-XXXX, FAX, XXX-3147, EMAIL: THOMAS.LACROSSE@DOMS.ARMY.MIL/
GENTEXT/AUTHENTICATION/DIRMILSPT OFFICIAL: MG CODY/LTC LA CROSSE//
BT
APPENDIX 3
COUNTERDRUG OPERATIONS

APPENDIX **3-1:** 18 U.S.C.  1385 - THE POSSE COMITATUS ACT (PCA)


See Appendix 2-1

APPENDIX **3-2:** 10 U.S.C.  371-381 - MILITARY SUPPORT FOR CIVILIAN
LAW ENFORCEMENT AGENCIES
See Appendix 2-2

APPENDIX 3-3: 10 U.S.C.  379 - COAST GUARD LAW ENFORCEMENT
DETACHMENTS
See Appendix 2-2

APPENDIX **3-4:** 14 U.S.C.  89 - LAW ENFORCEMENT (COAST GUARD)

14 U.S.C. 89 (2001) Coast Guard Sec. 89. *Law enforcement* (a) The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance.  When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized. (b) The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:
(1) be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and
(2) be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.

) Th t i
(c e provisions of this section are in addition to any powers conferred by law upon such officers, and no n limitation of any powers conferred by law upon such officers, or any other officers of the United States.

Source
(Aug. 4, 1949, ch. 393, 63 Stat. 502; Aug. 3, 1950, ch. 536, Sec.1, 64 Stat. 406.)

UPDATE: None

APPENDIX **3-5:** 32 U.S.C.  112 - NATIONAL GUARD FUNDING

32 U.S.C. 112 (2002) National Guard Sec. 112. Drug interdiction and counter-drug activities
 (a) Funding Assistance. - The Secretary of Defense may provide    funds to the Governor of a State who submits to the Secretary a    State drug interdiction and counter-drug activities plan satisfying    the requirements of subsection (c). Such funds shall be used for    the following: (1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of drug interdiction and counter-drug activities. (2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. (3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. (b) Use of Personnel Performing Full-Time National Guard Duty. - (1) Under regulations prescribed by the Secretary of Defense,    personnel of the National Guard of a State may, in accordance with    the State drug interdiction and counter-drug activities plan    referred to in subsection (c), be ordered to perform full-time    National Guard duty under section 502(f) of this title for the    purpose of carrying out drug interdiction and counter-drug    activities. (2)(A) A member of the National Guard serving on full-time    National Guard duty under orders authorized under paragraph (1)    shall participate in the training required under section 502(a) of    this title in addition to the duty performed for the purpose    authorized under that paragraph.  The pay, allowances, and other    benefits of the member while participating in the training shall be    the same as those to which the member is entitled while performing    duty for the purpose of carrying out drug interdiction and
counter-drug activities.  The member is not entitled to additional    pay, allowances, or other benefits for participation in training    required under section 502(a)(1) of this title. (B) Appropriations available for the Department of Defense for drug interdiction and counter-drug activities may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid.  Appropriations available for paying those costs shall be available for making the reimbursements. (C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State drug interdiction and counter-drug activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the drug interdiction and counter-drug activities that units and personnel of the National Guard of a State may perform: (i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. (ii) National Guard personnel will not degrade their military skills as a result of performing the activities. (iii) The performance of the activities will not result in a significant increase in the cost of training.
(iv) In the case of drug interdiction and counter-drug activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. (3) A unit or member of the National Guard of a State may be used, pursuant to a State drug interdiction and counter-drug activities plan approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under section 508 of this title if - (A) the State drug interdiction and counter-drug activities plan specifically recognizes the organization as being eligible to receive the services or assistance; (B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of section 508 of this title; and (C) the services or assistance is authorized under subsection (b) or (c) of such section or in the State drug interdiction and counter-drug activities plan. (c) Plan Requirements. - A State drug interdiction and counter-drug activities plan shall - (1) specify how personnel of the National Guard of that State are to be used in drug interdiction and counter-drug activities; (2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; (3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; (4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; (5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and (6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. (d) Examination of Plan. - (1) Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary may provide for the use of personnel and equipment of the National Guard of that State to assist the Immigration and Naturalization Service in the transportation of aliens who have violated a Federal or State law prohibiting or regulating the possession, use, or distribution of a controlled substance. (2) Except as provided in paragraph (3), the Secretary shall carry out paragraph (1) in consultation with the Director of National Drug Control Policy.
(3) Paragraph (2) shall not apply if - (A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and (B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b). (e) Exclusion From End-Strength Computation. - Members of the National Guard on active duty or fulltime National Guard duty for the purposes of administering (or during fiscal year 1993 otherwise implementing) this section shall not be counted toward the annual end strength authorized for reserves on active duty in support of the reserve components of the armed forces or toward the strengths authorized in sections 12011 and 12012 of title 10. (f) End Strength Limitation. - (1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4000 members of the National Guard - (A) on full-time National Guard duty under section 502(f) of this title to perform drug interdiction or counter-drug activities pursuant to an order to duty for a period of more than 180 days; or
) on de
(B
 duty under State authority to perform drug interdiction or counter-drug activities pursuant to an or r to duty for a period of more than 180 days with State pay and allowances being reimbursed with funds provided under subsection (a)(1). (2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. (g) Annual Report. - The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year.  The report shall include the following: (1) The number of members of the National Guard excluded under subsection (e) from the computation of end strengths. (2) A description of the drug interdiction and counter-drug activities conducted under State drug interdiction and counter-drug activities plans referred to in subsection (c) with funds provided under this section. (3) An accounting of the amount of funds provided to each State. (4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State drug interdiction and counter-drug activities plans. (h) Statutory Construction. - Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. (i) Definitions. - For purposes of this section: (1) The term ''drug interdiction and counter-drug activities'', with respect to the National Guard of a State, means the use of National Guard personnel in drug interdiction and counter-drug law enforcement activities, including drug demand reduction activities, authorized by the law of the State and requested by the Governor of the State. (2) The term ''Governor of a State'' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. (3) The term ''State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.- SOURCE- (Added Pub. L. 101-189, div.  A, title XII, Sec. 1207(a)(1), Nov. 29, 1989, 103 Stat. 1564; amended Pub. L. 102-25, title VII, Sec. 703, Apr. 6, 1991, 105 Stat. 118; Pub. L. 102-396, title IX, Sec. 9099A, Oct. 6, 1992, 106 Stat. 1926; Pub. L. 104-106, div.  A, title X, Sec. 1021, Feb. 10, 1996, 110 Stat. 426; Pub. L. 104-208, div.  C, title VI, Sec. 660, Sept. 30, 1996, 110 Stat. 3009-720; Pub. L. 105-85, div. A, title X, Sec. 1031, Nov. 18, 1997, 111 Stat. 1880; Pub. L. 105-261, div.  A, title X, Sec. 1022, Oct. 17, 1998, 112 Stat. 2120; Pub. L. 106-65, div.  A, title X, Sec. 1021, Oct. 5, 1999, 113 Stat. 746.)-
PRIOR PROVISIONS Similar provisions were contained in Pub. L. 100-456, div.  A, title XI, Sec. 1105, Sept. 29, 1988, 102 Stat. 2047, which was set out as a note under section 374 of Title 10, Armed Forces, prior to repeal by Pub. L. 101-189, Sec. 1207(b).

## Update: None Appendix **3-6:** National Defense Authorization Act Of 1991, Pub. L. No. 101-510, 1004 (1991) (As Amended)

Pub. L. No. 101-510 (1991) (as amended) SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
(a) SUPPORT TO OTHER AGENCIES- During fiscal year 1991, the Secretary of Defense may provide support for the counter-drug activities of any other department or agency of the Federal Government or of any State, local, or foreign law enforcement agency for any of the purposes set forth in subsection (b) if such support is requested--
(1) by the official who has responsibility for the counter-drug activities of the department or agency of the Federal Government, in the case of support for other departments or agencies of the Federal Government; (2) by the appropriate official of a State or local government, in the case of support for State or local law enforcement agencies; or (3) by an appropriate official of a department or agency of the Federal Government that has counter-drug responsibilities, in the case of support for foreign law enforcement agencies.

(b) TYPES OF SUPPORT- The purposes for which the Secretary may provide support under subsection (a) are the following:
(1) The maintenance and repair of equipment that has been made available to any department or agency of the Federal Government or to any State or local government by the Department of Defense for the purposes of--
(A) preserving the potential future utility of such equipment for the Department of Defense; and (B) upgrading such equipment to ensure compatibility of that equipment with other equipment used by the Department of Defense.

(2) The maintenance, repair, or upgrading of equipment (including computer software), other than equipment referred to in subparagraph (A) for the purpose of--
(A) ensuring that the equipment being maintained or repaired is compatible with equipment used by the Department of Defense; and (B) upgrading such equipment to ensure the compatibility of that equipment with equipment used by the Department of Defense.

(3) The transportation of personnel of the United States and foreign countries (including per diem expenses associated with such transportation), and the transportation of supplies and equipment, for the purpose of facilitating counter-drug activities within or outside the United States. (4) The establishment (including unspecified minor construction) and operation of bases of operations or training facilities for the purpose of facilitating counter-drug activities within or outside the United States. (5) Counter-drug related training of law enforcement personnel of the Federal Government, of State and local governments, and of foreign countries, including associated support expenses for trainees and the provision of materials necessary to carry out such training. (6) Aerial and ground reconnaissance outside, at, or near the borders of the United States.

(7) Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States. (8) Establishment of command, control, communications, and computer networks for improved integration of law enforcement, active military, and National Guard activities.

(c) CONTRACT AUTHORITY- In carrying out subsection (a), the Secretary of Defense may acquire services or equipment by contract for support provided under that subsection if the Department of Defense would normally acquire such services or equipment by contract for the purpose of conducting a similar activity for the Department of Defense. (d) LIMITED WAIVER OF PROHIBITION- Notwithstanding section 376 of title 10, United States Code, the Secretary of Defense may provide support pursuant to subsection (a) in any case in which the Secretary determines that the provision of such support would adversely affect the military preparedness of the United States in the short term if the Secretary determines that the importance of providing such support outweighs such short-term adverse effect. (e) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN AGENCIES- In providing support pursuant to subsection (a), the Secretary of Defense may plan and execute otherwise valid military training or operations (including training exercises undertaken pursuant to section 1206(a)

## Of The National Defense Authorization Act For Fiscal Years 1990 And 1991 (Public Law 101-189; 103 Stat. 1564)) For The Purpose Of Aiding Civilian Law Enforcement Agencies. (F) Relationship To Other Laws- (1) The Authority Provided In This Section For The Support Of Counter-Drug Activities By The Department Of Defense Is In Addition To, And Except As Provided In Paragraph (2), Not Subject To The Requirements Of Chapter 18 Of Title 10, United States Code. (2) Support Under This Section Shall Be Subject To The Provisions Of Section 375 And, Except As Provided In Subsection (D), Section 376 Of Title 10, United States Code. (G) Availability Of Funds- Of The Amount Made Available For Operation And Maintenance Under Section 1001(1), $50,000,000 Shall Be Available To The Secretary Of Defense For The Purpose Of Carrying Out This Section. Appendix **3-7:** Cjcsi 3121.01A - Standing Rules Of Engagement For Us Forces (U) See: Appendix 11-11

APPENDIX **3-8:** CJCSI 3121.02 - RULES ON THE USE OF FORCE BY DOD
PERSONNEL PROVIDING SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTERDRUG OPERATIONS IN THE UNITED STATES


Source: http://www.dtic.mil/doctrine/jel/cjcsd/cjcsi/3121_02.pdf APPENDIX **3-9:** CJCSI 3710.01A - DOD COUNTERDRUG SUPPORt Source: http://www.dtic.mil/cjcs_directives/cdata/unlimit/3710_01.pdf

## Appendix **3-10:** Ngr 500-2/Angi 10-801 - National Guard Counterdrug Support (*Appendix A And Glossary Omitted*)

 Source: http
.pdf
://www.ngbpdc.ngb.army.mil/pubfiles/10/10801


## Appendix Epartment Of 3-11: Memorandum, Deputy Secretary Of Defense, Subject: Defense Counternarcotics Policy (31 Jul 2002)



APPENDIX **3-12:** CALIFORNIA NATIONL GUARD COUNTERDRUG TASK FORCE
STANDING RULES OF ENGAGEMENT

## Appendix 3-13: Jp 3-07.4, Appendix E, **Ledets**



## The Gov Agreement Between The Government Of [State One] And Ernment Of [State Two] Fic

CONCERNING COOPERATION TO SUPPRESS ILLICIT TRAF

## Preamble


The G
overnment of [STATE ONE] and the Government of [STATE TWO] (hereinafter, "the Parties");
re of the problem of ill

Bearing in mind the complex natu icit traffic by sea;

Having regard to the urgent need for international cooperation in suppressing illicit traffic by sea,

icit Traffic in he 1982 which is recognized in the 1961 Single Convention on Narcotic Drugs and its 1972 Protocol, in the 1971 Convention on Psychotropic Substances, in the 1988 United Nations Convention Against Ill Narcotic Drugs and Psychotropic Substances (hereinafter, "the 1988 UN Convention"), and in t United Nations Convention on the Law of the Sea;
Recalling that the 1988 UN Convention requires the Parties to consider entering into bilateral
, its provisions;
n the Parties, and thereby enhance their effectiveness, in iently, the ac te ints for narcotic drugs, and States used to launder the proceeds of

agreements to carry out, or to enhance the effectiveness of Desiring to promote greater cooperation betwee combating illicit traffic by sea;
Conscious of the fact that, in order to combat drug-related activities effectively and effic
tive participation of all States affected is needed, that is, consumer and producer States, States whose
rritories are used as transshipment po
drug trafficking;
Conscious of the fact that [STATE TWO] is ex th periencing increased use of its maritime zones for e transshipment of drugs;
Have agreed as follows:

I. DEFINITIONS
 this Agreement, it shall be understood that:
. "[STATE TWO]'s waters and airspace" means the territorial sea and internal waters of [STATE TWO], ement vessels" means warships of the Parties and other ships of the Parties clearly marked nd identifiable as being on government non-commercial service and authorized to that effect, including In 1. "Illicit traffic" has the same meaning as in Article 1(m) of the 1988 UN Convention. 2
and the air space over [STATE TWO]. 3. "Law enforc a any boat and aircraft embarked on such ships, aboard which law enforcement officials are embarked. 4. "Law enforcement aircraft" means military aircraft of the Parties and other aircraft of the Parties engaged in law enforcement operations or operations in support of law enforcement activities clearly marked and identifiable as being on government non-commercial service and authorized to that effect.

5. "Law enforcement authorities" means for the Government of [STATE TWO], the
______
______________, and for the Government of [STATE TWO], uniformed members of e __________________________.

 a law enforcement vessel of the other Party.

. "Susp
. The Parties shall cooperate in combating illicit traffic by sea to the fullest extent possible, consistent with vailable ernment of [STATE TWO] with vailable information collected by electronic, air and maritime surveillance means, on the presence of spect
_
____________, without prejudice to the powers of the appropriate judicial authorities, and, for the Government of [STATE ONE], the [STATE TWO] _______________.

6. "Law enforcement officials" means, for the Government of [STATE ONE], uniformed members of the
[STATE TWO] __ th 7. "Shiprider" means one or more law enforcement officials, including boarding teams, of one Party authorized to embark on 8
ect vessel or aircraft" means a vessel or aircraft used for commercial or private purposes in respect of which there are reasonable grounds to suspect it is involved in illicit traffic.


II. NATURE AND SCOPE OF AGREEMENT 1 a law enforcement resources and related priorities. 2. The Government of [STATE ONE] shall continue to provide the Gov a su vessels or aircraft in or over [STATE TWO]'s waters or airspace, so that the law enforcement authorities of [STATE TWO] may take appropriate control measures. The Parties undertake to agree on procedures for improving intelligence sharing.



## Iii. Operations In And Over National Waters



Operations to suppress illicit traffic in and over the waters of a Party are subject to the authority of that Party.


IV. PROGRAM FOR LAW ENFORCEMENT OFFICIALS
ABOARD THE OTHER PARTY'S VESSELS 1. au Party may design Par the types of vessels and off The Parties shall establish a joint law enforcement shiprider program between their law enforcement thorities. Each ate a coordinator to organize its program activities and to notify the other ty of icials involved in the program.

E ONE] law enforcement vessels under the flag of [STATE
her suspect vessels located in [STATE TWO]'s waters in ct 2. The Government of [STATE TWO] may designate qualified law enforcement officials to act as law enforcement shipriders. The Government of [STATE TWO] may assign boarding teams to conduct boardings, searches and detentions from [STAT TWO] of suspect [STATE TWO]'s vessels and ot accordance with paragraph 5, subject to subparagraphs b and c of paragraph 6. Subject to [STATE TWO]'s law, these shipriders may, in appropriate circumstances:
a. embark on [STATE TWO] law enforcement vessels;
b. authorize the pursuit, by the [STATE ONE] law enforcement vessels on which they are embarked, of suspect vessels and aircraft fleeing into [STATE TWO]'s waters;
c. authorize the [STATE ONE] law enforcement vessels on which they are embarked to condu patrols to suppress illicit traffic in [STATE TWO]'s waters; and d. enforce the laws of [STATE TWO] in [STATE TWO]'s waters, or seaward therefrom in the exercise of the right of hot pursuit or otherwise in accordance with international law.

3. The Government of [STATE ONE] may designate qualified law enforcement officials to act as law enforcement shipriders. Subject to [STATE TWO] law, these shipriders may, in appropriate circumstances:
s to a. embark on [STATE TWO]'s law enforcement vessels;


b. advise [STATE TWO]'s law enforcement officials in the conduct of boardings of vessel enforce the laws of [STATE TWO];
c. enforce, seaward of the territorial sea of [STATE TWO
], the laws of the [STATE TWO] where uthorized to do so, in accordance with the principles of international law; and out is
, any detention of a person, and any t to this Agreement, whether or not involving weapons, shall be carried out by the iprider, except as follows:

 the manner requested. Such request may only be made, greed to, and acted upon in accordance with the applicable laws and policies; and a d. authorize the [STATE TWO]'s vessels on which they are embarked to assist in the enforcement of the laws of the [STATE TWO] seaward of the territorial sea of [STATE TWO], in accordance with the principles of international law. 4. The Government of [STATE ONE] shall, whenever feasible, assign as shipriders persons fluent in _____________, and to have liaison officials fluent in _______________ on board [STATE ONE] law enforcement vessels on which [STATE TWO]'s shipriders are embarked. 5. When a shiprider is embarked on the other Party's vessel, and the enforcement action being carried pursuant to the shiprider's authority, any search or seizure of property use of force pursuan sh a. crewmembers of the other Party's vessel may assist in any such action if expressly requested to do so by the shiprider and only to the extent and in a b. such crewmembers may use force in self-defense, in accordance with the applicable laws an d a. an embarked [STATE TWO]'s shiprider so authorizes;
O]'s

]'s law enforcement vessel is immediately available to vestigate, the [STATE ONE] law enforcement vessel may follow the suspect vessel into [STATE TWO]'s ies and the arrival of [STATE TWO]'s law enforcement fficials.

policies. 6. The Government of [STATE ONE] may only conduct operations to suppress illicit traffic in [STATE TWO]'s waters and airspace with the permission of the Government of [STATE TWO] in any of the following circumstances:
b. In those exceptional occasions when a suspect vessel, detected seaward of [STATE TW
waters, enters [STATE TWO]'s waters and no [STATE TWO]'s shiprider is embarked in a [STATE ONE]
law enforcement vessel, and no [STATE TWO in waters, in order to board the suspect vessel and secure the scene, while awaiting expeditious instructions from [STATE TWO]'s law enforcement authorit o c. In those equally exceptional occasions when a suspect vessel is d etected within [STATE
ATE ONE] law enforcement essel, and no [STATE TWO]'s law enforcement vessel is immediately available to investigate, the scene, while awaiting expeditious instructions from [STATE TWO]'s law nforcement authorities and the arrival of [STATE TWO]'s law enforcement officials.

thority of action be taken under subparagraphs (b) and (c) of this paragraph, unless not operationally feasible to do so. In TWO]'s waters, and no [STATE TWO]'s shiprider is embarked in a [ST
v [STATE ONE] law enforcement vessel may enter [STATE TWO]'s waters, in order to board the suspect vessel and secure the e The [STATE TWO] shall provide prior notice to the [STATE TWO]'s law enforcement au to any case, notice of the action shall be provided to the [STATE TWO]'s law enforcement authority without delay.


o
. The Government of [STATE TWO] reserves the right to authorize, in accordance with the laws of re operating suppress illicit traffic or supporting such operations, the Government of [STATE TWO] shall permit a. to overfly its territory and waters with due regard for the laws and regulations of [STATE
7. Law enforcement vessels of a Party operating with the authorization of the other Party pursuant t Section IV of this Agreement shall, during such operations, fly, in the case of [STATE ONE], [STATE TWO]'s flag, and in the case of [STATE TWO], the [STATE TWO] __________ flag.


8. The Government of [STATE TWO] shall permit the mooring or stay of law enforcement vessels of [STATE ONE] at national ports, after authorization by the Minister of Public Security, on the occasions and for the time necessary for the proper performance of the operations required under this Agreement. 9
[STATE TWO], other operations to suppress illicit traffic not otherwise foreseen in this Agreement. 10. When aircraft of the Government of [STATE ONE] (hereafter, "[STATE ONE] aircraft") a to those [STATE ONE] aircraft: TWO] for the flight and maneuver of aircraft, subject to paragraph 11 of this section;
b. to land and remain in natio nal airports, after receiving authorization from
___________________, on the occasions and for the time necessary for proper performance of the
_
operations necessary under this Agreement; and c. to transmit orders from competent [STATE TWO]'s authorities to suspect aircraft to land in the territory of [STATE TWO], subject to the laws of each Party. 11. The Government of [STATE ONE] shall, in the interest of flight safety, observe the following procedures for facilitating flights within [STATE TWO]'s airspace by [STATE ONE] aircraft:
a. In t

he event of planned law enforcement operations, the [STATE TWO] shall provide
asonable notice and communications frequencies to the appropriate [STATE TWO]'s aviation authorities
ntrol of planned flights by its aircraft over [STATE TWO]'s territory or waters.
to
formation concerning
t vigation and flight safety

re responsible for air traffic co
b. In the event of unplanned operations, which may include the pursuit of suspect aircraft in
[STATE TWO]'s airspace pursuant to this Agreement, the Parties shall exchange in
the appropriate communications frequencies and other information pertinent to flight safety.
c. Any aircraft engaged in law enforcement operations or operations in support of law enforcemen
activities in accordance with this Agreement shall comply with such air na
directions as may be required by [STATE TWO]'s aviation authorities, and with any written operating procedures developed for flight operations within its airspace under this Agreement.

ment officials encounter a suspect vessel flying the [STATE
, TATE TWO] for the boarding and nd ions from the Government of [STATE TWO].

 limit boardings of vessels property V. OPERATIONS SEAWARD OF THE TERRITORIAL SEA

1. Whenever [STATE ONE] law enforce TWO]'s flag or claiming to be registered in [STATE TWO], located seaward of any State's territorial sea this Agreement constitutes the authorization of the Government of [S search of the suspect vessel and the persons found on board by such officials. If evidence of illicit traffic is found, [STATE ONE] law enforcement officials may detain the vessel a persons on board pending expeditious disposition instruct 2. Except as expressly provided herein, this Agreement does not apply to or seaward of any State's territorial sea, conducted by either Party in accordance with international law, whether based, *inter alia*, on the right of visit, the rendering of assistance to persons, vessels, and in distress or peril, the consent of the vessel master, or an authorization from the flag State to take law enforcement action.

VI. JURISDICTION OVER DETAINED VESSELS 1. In all cases arising in [STATE TWO]'s waters, or concerning [STATE TWO]'s flag vessels seaward of any State's territorial sea, the Government of [STATE TWO] shall have the primary right to exercise may, subject to its Constitution
/or persons on board.

jurisdiction over a detained vessel, cargo and/or persons on board (including seizure, forfeiture, arrest, and prosecution), provided, however, that the Government of [STATE TWO] and laws, waive its primary right to exercise jurisdiction and authorize the enforcement of [STATE TWO] law against the vessel, cargo and 2. Instructions as to the exercise of jurisdiction pursuant to paragraph 1 shall be given without delay.


VII. IMP

## Lementation

ied out only against suspect arty of the results thereof. The relevant Party shall timely report to the other Party, consistent with its t nd searches and ir interception activities pursuant to this Agreement, act in accordance with the applicable national laws vessels or aircraft. The boarding and search teams may operate from such ships and

tandard law enforcement small the hall in all cases be the minimum reasonably necessary under the circumstances, except that either Party shall use force against civil aircraft in flight. Nothing in this Agreement shall impair the on, or aircraft, or its flag State or any other interested State; the need t to security of the suspect vessel, aircraft or cargo.

entation of this Agreement, each Party shall ensure the other Party is fully informed its respective applicable laws and policies, particularly those pertaining to the use of force. Each Party 1. Operations to suppress illicit traffic pursuant to this Agreement shall be carr vessels and aircraft, including vessels and aircraft without nationality, and vessels assimilated to vessels without nationality. 2. A Party conducting a boarding and search pursuant to this Agreement shall promptly notify the other P laws, on the status of all investigations, prosecutions and judicial proceedings resulting from enforcemen action taken pursuant to this Agreement where evidence of illicit traffic was found. 3. Each Party shall ensure that its law enforcement officials, when conducting boardings a a and policies of that Party and with the applicable international law and accepted international practices. 4. Boardings and searches pursuant to this Agreement shall be carried out by law enforcement officials from law enforcement aircraft of the Parties, and seaward of the territorial sea of any State, from such ships of other States as may be agreed upon by the Parties. The boarding and search team may carry s arms. 5. While conducting air intercept activities pursuant to this Agreement, the Parties shall not endanger lives of persons on board and the safety of civil aircraft. 6. All use of force pursuant to this Agreement shall be in strict accordance with the applicable laws and policies and s n exercise of the inherent right of self-defense by law enforcement or other officials of either Party. 7. When carrying out operations pursuant to this Agreement, in accordance with the 1988 UN Conventi the Parties shall take due account of the possible advantage of conducting boarding and search operations in safer conditions at the closest [STATE TWO]'s port to minimize any prejudice to the legitimate commercial activities of the suspect vessel not to delay unduly the suspect aircraft or vessel; the need not to endanger the safety of life at sea without endangering the safety of the law enforcement officials or their vessels or aircraft; and the need no endanger the 8. To facilitate implem of shall ensure that all of its law enforcement officials are knowledgeable concerning the applicable laws and policies of both Parties. 9. Assets seized in consequence of any operation undertaken in [STATE TWO]'s wate A
rs pursuant to this greement shall be disposed of in accordance with the laws of [STATE TWO]. Assets seized in consequence of any operation undertaken seaward of the territorial sea of [STATE TWO] pursuant to this

her of such assets or proceeds.

n of suspect essels located in the territory or waters of the first Party.

m an operation carried out under this Agreement shall be processed, considered, and if merited, solved in favor of the claimant by the Party whose officials conducted the operation, in accordance with or Party in ontravention of this Agreement, or any improper or unreasonable action is taken by a Party pursuant ejudice to any other legal rights which may be available, consult at the

der enhancing its effectiveness, including the preparation of amendments to this e operation of this Agreement, either Party gal egard to the international Agreement shall be disposed of in accordance with the laws of the seizing Party. To the extent permitted by its laws and upon such terms as it deems appropriate, a Party may, in any case, transfer forfeited assets or proceeds of their sale to the other Party. Each transfer generally will reflect the contribution of the ot Party to facilitating or effecting the forfeiture 10. The law enforcement authority of one Party (the "first Party") may request, and the law enforcement authority of the other Party may authorize, law enforcement officials of the other Party to provide technical assistance to law enforcement officials of the first Party in their boarding and investigatio v 11. Any injury to or loss of life of a law enforcement official of a Party shall normally be remedied in accordance with the laws of that Party. Any other claim submitted for damage, injury, death or loss resulting fro re the domestic law of that Party, and in a manner consistent with international law. If any loss, injury death is suffered as a result of any action taken by the law enforcement or other officials of one c thereto, the Parties shall, without pr request of either Party to resolve the matter and decide any questions relating to compensation. 12. Disputes arising from the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties. 13. The Parties agree to consult, on at least an annual basis, to evaluate the implementation of this Agreement and to consi Agreement that take into account increased operational capacity of the [STATE TWO]'s law enforcement authorities and officials. In case a difficulty arises concerning th may request consultations with the other Party to resolve the matter. 14. Nothing in this Agreement is intended to alter the rights and privileges due any individual in any le proceeding. 15. Nothing in this Agreement shall prejudice the position of either Party with r law of the sea.


VIII. ENTR

## Y Into Force And Duration

n exchange of notes indicating that the necessary internal ary-General of the United Nations for purposes of
. Such termination shall take effect one year from the date of ve ate 1. This Agreement shall enter into force upo procedures of each Party have been completed. 2. This Agreement shall be registered with the Secret publication in accordance with article 102 of the Charter of the United Nations. 3. This Agreement may be terminated at any time by either Party upon written notification to the other Party through the diplomatic channel notification. 4. This Agreement shall continue to apply after termination with respect to any administrative or judicial proceedings arising out of actions taken pursuant to this Agreement during the time that it was in force. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, ha signed this Agreement. DONE AT __________________, [STATE TWO], this first day of _______________-, 20__, in duplic in the ______ and _______ languages, each text being equally authentic. FOR THE GOVERNMENT OF THE

FOR THE GOVERNMENT OF
[STATE ONE] :


[STATE TWO]:

/s/


/s/
Ambassador


Minister of Government,
[STATE ONE]


[STATE TWO]

## Appendix 4 Military Assistance For Civilian Authorities Appendix **4-1:** 10 U.S.C.  331-335 - The Insurrection Act

0 - ARMED FORCES

## Rganization And General Military Powers

e request of its legislature or of its be convened, call into Federal this Procedure.

10 USC CHAPTER 15 - 01/05/99 TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 15 - INSURRECTION

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 115 of this title; title 3
section 4312. 10 USC Sec. 331 01/05/99
TITLE 1 Subtitle A - General Military Law PART I - O CHAPTER 15 - INSURRECTION Sec. 331. Federal aid for State governments Whenever there is an insurrection in any State against its government, the President may, upon th governor if the legislature cannot service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection. CROSS REFERENCES
Army National Guard in Federal service, call, see section 12406 of title.

Use of Army and Air Force as posse comitatus, see section 1385 of Title 18, Crimes and Criminal SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 6323.


10 USC Sec. 332 01/05/99

TITLE 10 - ARMED FORCES Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INSURRECTION

Sec. 332. Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, States in any State or Territory by the ordinary course of udicial proceedings, he may call into Federal service such of the he armed forces, as he combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United j militia of any State, and use such of t considers necessary to enforce those laws or to suppress the rebellion.


SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323.



## Itle 10 - Armed Forces Tary Law And General Military Powers

and Federal law r by as he considers necessary to uppress, in a State, any insurrection, domestic it -
 within the State, that any part or class of its people is ed by law, and the constituted authorities of
10 USC Sec. 333 01/05/99

T Subtitle A - General Mili

PART I - ORGANIZATION

CHAPTER 15 - INSURRECTION

Sec. 333. Interference with State

The President, by using the militia or the armed forces, or both, o any other means, shall take such measures s violence, unlawful combination, or conspiracy, if
(1) so hinders the execution of the laws of that State, and of the United States deprived of a right, privilege, immunity, or protection named in the Constitution and secur that State are unable, fail, or refuse to protect that right, privilege

, or immunity, or to give that protection; or
2) opposes or obstructs the execution of the laws of the United States of justice under those laws.

tion of the laws secured by the
( or impedes the course In any situation covered by clause (1), the State shall be considered to have denied the equal protec Constitution.


SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323.

## 10 - Armed Forces Urrection

, immediately rder the insurgents to disperse and retire peaceably to their abodes
10 USC Sec. 334 01/05/99

TITLE
Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15 - INS

Sec. 334. Proclamation to disperse

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation o within a limited time.


SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2662 of this title.

10 USC Sec. 335 01/26/98

## Title 10 - Armed Forces Subtitle A - General Military Law Part I - Organization And General Military Powers Chapter 15 - Insurrection Sec. 335. Guam And Virgin Islands Included As ''State'' For Purposes Of This Chapter, The Term ''State'' Includes The Unincorporated Territories Of Guam And The Virgin Islands. Appendix **4-2:** 10 U.S.C.  2667 - Leases:  Non-Excess Property Of Military Departments Title 10--Armed Forces Subtitle A--General Military Law Part Iv--Service, Supply, And Procurement Chapter 159--Real Property; Related Personal Property; And Lease Of Non-Excess Property Sec. 2667. Leases: Non-Excess Property Of Military Departments

y
(a) Whenever the Secretary of a military department considers it advantageous to the United States, he ma lease to such lessee and upon such terms as he considers will promote the national defense or be in the public interest, real or personal property that is--
(1) under the control of that department;
(2) not for the time needed for public use; and (3) not excess property, as defined by section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472).
(b) A lease under subsection (a)-
(1) may not be for more than five years, unless the Secretary concerned determines that a lea a longer period wil se for l promote the national defense or be in the public interest;
e United
(2) may give the lessee the first right to buy the property if the lease is revoked to allow th States to sell the property under any other provision of law; (3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest; (4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary
; and
he perty leased, or of the entire unit or installation where a substantial part of it is
(5) may provide, notwithstanding section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), or any other provision of law, for the improvement, maintenance, protection, repair, or restoration, by t lessee, of the pro leased, as the payment of part or all of the consideration for the lease.
(c
) This section does not apply to oil, mineral, or phosphate lands.
(d)(1)(A) All money rentals received pursuant to leases entered into by the Secretary of a military department under this section shall be deposited in a special account in the Treasury established for such military department, except--
(i) amounts paid for utilities and services furnished lessees by the Secretary; an d
(ii) money rentals referred to in paragraph (4) or (5).
tment's special account pursuant to subparagraph
(B) Sums deposited in a military depar (A) shall be available to such military department, as provided in appropriation Acts, as follows:

(i) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the leased property is located. (ii) 50 percent of such amount shall be available for facility maintenance and repair and for environmental restoration by the military department concerned.


e cost
(2) Payments for utilities and services furnished lessees pursuant to leases entered into under this section shall be credited to the appropriation account or working capital fund from which th of furnishing the utilities and services was paid.
 the Senate and the Committee on National Security of the House of
(3) As part of the request for authorizations of appropriations submitted to the Committee on Armed Services of Representatives for each fiscal year, the Secretary of Defense shall include--
(A) an accounting of the receipt and use of all money rentals that were deposited and expended under this subsection during the fiscal year preceding the fiscal year in which the request is made; and
 detailed explanation of each lease entered into, and of each amendment made to
(B) a existing leases, during such preceding fiscal year.
(4) Mone y rentals received by the United States directly from a lease under this section for agricultural or grazing purposes of lands under the control of the Secretary of a military acquired by the United States for flood control or navigation cretary concerned in such amounts as the Secretary considers department (other than lands purposes or any related purpose, including the development of hydroelectric power) may be retained and spent by the Se necessary to cover the administrative expenses of leasing for such purposes and to cover the financing of multiple-land use management programs at any installation under the jurisdiction of the Secretary. (5) Money rentals received by the United States from a lease under subsection (f) s deposited into the account established under section 2906(a) of the Defense Base Closure an Realig hall be d nment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(e) The interest of a lessee of property leased under this section may be taxed by State or local governments. A lease under this section shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.
ent
(f)(1) Notwithstanding subsection (a)(3), pending the final disposition of real property and personal property located at a military installation to be closed or realigned under a base closure law, the Secretary of the military department concerned may lease the property to any individual or entity under this subsection if the Secretary determines that such a lease would facilitate State or local economic adjustm efforts.
n
(2) Notwithstanding subsection (b)(4), the Secretary concerned may accept consideration in a amount that is less than the fair market value of the lease interest if the Secretary concerned determines that--
(A) a public interest will be served as a res ult of the lease; and
(B) the fair market value of the lease is (i) unobtainable, or (ii) not compatible with such public benefit.
roperty
(3) Before entering into any lease under this subsection, the Secretary shall consult with the Administrator of the Environmental Protection Agency in order to determine whether the environmental condition of the property proposed for leasing is such that the lease of the p is advisable. The Secretary and the Administrator shall enter into a memorandum of understanding setting forth procedures for carrying out the determinations under this paragraph.
(4) The Secretary concerned may accept under subsection (b)(5) services of a lessee for an entire installation to be closed or realigned under a base closure law, or for any part of such installation,

without regard to the requirement in subsection (b)(5) that a substantial part of the installation be leased.
.), ed
(5)(A) Notwithstanding the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq the scope of any environmental impact analysis necessary to support an interim lease of property under this subsection shall be limited to the environmental consequences of activities authoriz under the proposed lease and the cumulative impacts of other past, present, and reasonably foreseeable future actions during the period of the proposed lease.

erty this the redevelopment
(B) Interim leases entered into under this subsection shall be deemed not to prejudice the final disposal decision with respect to the property, even if final disposal of the prop is delayed until completion of the term of the interim lease. An interim lease under subsection shall not be entered into without prior consultation with authority concerned. (C) Subparagraphs (A) and (B) shall not apply to an interim lease under this subsection if authorized activities under the lease would--
(i) significantly affect the quality of the human environment; or (ii) irreversibly alter the environment in a way that would preclude any al alternative of the property concerned.
reasonable dispos
(g)(1) If a proposed lease under subsection (a) involves only personal property, the lease term exceeds one year, and the fair market value of the lease interest exceeds $100,000, as determined by the Secretary concerned, the Secretary shall use competitive procedures to select the lessee.
y and
(2) Not later than 45 days before entering into a lease described in paragraph (1), the Secretar concerned shall submit to Congress written notice describing the terms of the proposed lease the competitive procedures used to select the lessee.

(h) In this section, the term "base closure law" means each of the following:

(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
le II of the Defense Authorization Amendments and Base Closure and Realignment Act

(2) Tit (Public Law 100-526; 10 U.S.C. 2687 note).
(3) Section 2687 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Oct. 7, 1975, Pub. L. 94-107, title VI, Sec. 607(7), 89 Stat. 566; Sept. 14, 1976, Pub. L. 94-412, title V, Sec. 501(b), 90 Stat. 1258; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 511(92), 94 Stat. 2928; Oct. 12, 1982, Pub. L. 97-295, Sec. 1(34), 96 Stat. 1296; Oct. 15, 1982, Pub. L. 97-321, title VIII, Sec. 803, 96 Stat. 1572; Nov. 5, 1990, Pub. L. 101-510, div. B, title XXVIII, Sec. 2806,
104 Stat. 1787; Dec. 5, 1991, Pub. L. 102-190, div. B, title XXVIII, Sec. 2862, 105 Stat. 1559; Oct. 23, 1992, Pub. L. 102-484, div. B, title XXVIII, Sec. 2851, 106 Stat. 2625; Nov. 30, 1993, Pub. L. 103-160, div. B, title XXIX, Sec. 2906, 107 Stat. 1920; Feb. 10, 1996, Pub. L. 104-106, div. B, title XXVIII, Sec. 2831, 110 Stat. 558; Feb. 10, 1996, Pub. L. 104-106, div. B, title XXVIII, Sec. 2832, 110 Stat. 559; Feb. 10, 1996, Pub. L. 104-106, div. B, title XXVIII, Sec. 2833, 110 Stat. 559.)

## Historical And Revision Notes

| Revised section                            | Source (U.S. Code)                         |
|--------------------------------------------|--------------------------------------------|
| 2667(a)                                    | 5:626s-3 (1st sentence).                   |
| Aug. 5, 1947, ch. 493, Secs. 1, 6, 61      | Stat.                                      |
| 5                                          | 774, 775; Sept. 28, 1951, ch. 434. Sec. 60 |
| (as applicable to Act of Aug. 5, 1947, ch. |                                            |
| 493, Sec. 1), 65 Stat. 366.                |                                            |
| 10:1270 (1st sentence).                    |                                            |
| 34:522a (1st sentence).                    |                                            |
| 2667(b)                                    | 5:626s-3 (2d through 6th                   |
| sentences).                                |                                            |
| 10:1270 (2d through 6th                    |                                            |
| sentences).                                |                                            |
| 34:522a (2d through 6th                    |                                            |
| sentences).                                |                                            |
| 2667(c)                                    | 5:626s-3 (last sentence).                  |
| 10:1270 (last sentence).                   |                                            |
| 34:522a (last sentence).                   |                                            |
| 2667(d)                                    | 5:626s-3 (less 1st 6 sentences).           |
| 10:1270 (less 1st 6 sentences).            |                                            |
| 34:522a (less 1st 6 sentences).            |                                            |
| 2667(e)                                    | 5:626s-6.                                  |
| 10:1270d.                                  |                                            |
| 34:522e.                                   |                                            |

 subsection (a), the words ``considers * * * United States'' are substituted for the words ``shall deem * * *
In Government''. The words ``and conditions'' are omitted as surplusage. The words ``he considers'' are substituted for the words ``in his judgment''.
 for ng of the Surplus Property Act of 1944
In subsection (a)(3), the words ``excess property, as defined by section 472 of title 40'' are substituted the words ``surplus to the needs of the Department within the meani
[Act of October 3, 1944 (58 Stat. 765)]'', in 5:626s-3, 10:1270, and 34:522a, since the words ``excess property'' are so defined by the Federal Property and Administrative Services Act of 1949. In subsection (b)(2), the words ``may give'' are substituted for the first 12 words of the third sentence of 5:626s-3, 10:1270, and 34:522a.
oked to allow the United States to sell the property'' are substituted for the e lease in order to permit sale thereof by the Government''. The ed as The words ``if the lease is rev words ``in the event of the revocation of th words ``under any other provision of law'' are inserted for clarity. The words ``the first right to buy'' are substituted for the words ``a right of first refusal''. The words ``but this section shall not be construed as authorizing the sale of any property unless the sale thereof is otherwise authorized by law'' are omitt surplusage, since the revised section deals only with leases of property.
ontain In subsection (b)(3), the words ``must permit'' are substituted for the words ``Each such lease shall c a provision permitting''. The words ``from the lease'' are omitted as surplusage. In subsection (b)(5), the words ``any such lease'' and ``of such property'' are omitted as surplusage.



In subsection (c), the words ``This section does'' are substituted for the words ``The authority herein granted shall''.
In subsection (e), the words ``of property'' are inserted for clarity. The words ``leased under'' are substituted for the words ``made or created pursuant to''. The words ``may be taxed by State or local governments'' are ed substituted for the words ``shall be made subject to State or local taxation''. The last sentence is substitut for the last sentence of 5:626s-6, 10:1270d, and 34:522e.

## Amendments

1993-Subsec. (f). Pub. L. 103-160, Sec. 2906(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
y and associated personal property, which have on realignment or closure, may be leased to State
``Notwithstanding clause (3) of subsection (a), real propert been determined excess as the result of a defense installati or local governments pending final disposition of such property if-- ``(1) the Secretary concerned determines that such action would facilitate State or local economic adjustment efforts, and ``(2) the Administrator of General Services concurs in the actio n.''
Subsec. (g). Pub. L. 103-160, Sec. 2906(b), added subsec. (g). 1992-Subsec. (b)(4). Pub. L. 102-484 inserted ``, in the case of the lease of real property,'' after ``shall provide''.
'' and
1991-Subsec. (b)(3). Pub. L. 102-190, Sec. 2862(a)(1), substituted ``shall permit'' for ``must permit struck out ``and'' at end. Subsec. (b)(4). Pub. L. 102-190, Sec. 2862(a)(2), (3), add ed par. (4) and redesignated former par. (4) as (5).
) and inserted Subsec. (b)(5). Pub. L. 102-190, Sec. 2862(a)(2), (4), redesignated par. (4) as (5 ``improvement,'' before ``maintenance'' and ``the payment of'' before ``part or all''.
s part of
) and (ii)
h read as follows: ``As part of rvices n of l lanation Subsec. (d)(3). Pub. L. 102-190, Sec. 2862(b), redesignated subpar. (B) as par. (3), substituted ``A the request for authorizations of appropriations submitted to the Committees on Armed Services of the Senate and House of Representatives for each fiscal year'' for ``As part of the request for authorizations of appropriations to such Committees for each fiscal year after fiscal year 1992'', redesignated cls. (i as subpars. (A) and (B), respectively, and struck out former subpar. (A) whic the request for authorizations of appropriations for fiscal year 1992 to the Committees on Armed Se of the Senate and of the House of Representatives, the Secretary of Defense shall include an explanatio each lease from which money rentals will be received and deposited under this subsection during fisca year 1991, together with an estimate of the amount to be received from each such lease and an exp of the anticipated expenditures of such receipts.''
ars. (1) to (3), redesignated former par. (2) as (4), and struck out
1990-Subsec. (d). Pub. L. 101-510 added p former par. (1) which read as follows: ``Except as provided in paragraph (2), money rentals received by the United States directly from a lease under this section shall be covered into the Treasury as miscellaneous receipts. Payments for utilities or services furnished to the lessee under such a lease by the department concerned may be covered into the Treasury to the credit of the appropriation from which the cost of furnishing them was paid.'' 1982-Subsec. (b)(4). Pub. L. 97-295 substituted ``of'' for ``entitled `An Act making appropriation Legislative Branch of the Government for the fiscal year ending Ju a s for the ne 30, 1933, and for other purposes', pproved'' after ``section 321 of the Act''.

ided in Subsec. (d). Pub. L. 97-321 designated existing provisions as par. (1), substituted ``Except as prov paragraph (2), money'' for ``Money'', and added par. (2).
bsec. (a)(3). Pub. L. 96-513, Sec. 511(92)(A), substituted ``section 3 of the Federal Property and
1980-Su Administrative Services Act of 1949 (40 U.S.C. 472)'' for ``section 472 of title 40''.
 Pub. L. 96-513, Sec. 511(92)(B), substituted ``section 321 of the Act entitled `An act ative Branch of the Government for the fiscal year ending June 30, Subsec. (b)(4). making appropriations for the Legisl 1933, and for other purposes', approved June 30, 1932 (40 U.S.C. 303b),'' for ``section 303b of title 40''. Subsec. (e). Pub. L. 96-513, Sec. 511(92)(C), substituted ``Act'' for ``act''.
ry'' for ``The Secretary'', and bstituted ``the Administrator of General Services'' for ``The Administrator of the General Services Subsec. (f). Pub. L. 96-513, Sec. 511(92)(D), substituted ``the Secreta su Administration''. 1976-Subsec. (b)(4), (5). Pub. L. 94-412 struck out par. (4) which required leases of nonexcess proper a military department include a provision making the lease revocable during a national emergency declar by the President, and re ty of ed designated par. (5) as (4).
1975-Subsec. (f). Pub. L. 94-107 added subsec. (f).

## Change Of Name

Committee on Armed Services of House of Representatives changed to Committee on National Security ouse of Representatives by House Resolution No. 6, One Hundred Fourth Congress, J
H
 of an. 4, 1995.

## Effective Date Of 1980 Amendment

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title.

## Savings Provision

ime of d Amendment by Pub. L. 94-412 not to affect any action taken or proceeding pending at the t amendment, see section 501(h) of Pub. L. 94-412, set out as a note under section 1601 of Title 50, War an National Defense.

## Leasing Of Defense Property; Notification Of Congress; Waiver; Report To Congress; Definition

defense property to a foreign government for a period of more than six months, the resident had to transmit to the Speaker of the House of Representatives and the chairman of the of the particulars of the proposed Pub. L. 96-533, title I, Sec. 109(a)-(e), Dec. 16, 1980, 94 Stat. 3137, which provided that before the Secretary of a military department exercised his authority under section 2667 of title 10, United States Code, in order to lease P Committee on Foreign Relations of the Senate, a written notification lease, was repealed by Pub. L. 97-113, title I, Sec. 109(d)(1), Dec. 29, 1981, 95 Stat. 1526. See section 2795 et seq. of Title 22, Foreign Relations and I
ntercourse.

## Section Referred To In Other Sections

his section is referred to in title 16 section 670a; title 22 section 2796.

T

## Sec. 2667A. Leases: Non-Excess Property Of Defense Agencies

te
(a) LEASE AUTHORITY.Whenever the Secretary of Defense considers it advantageous to the United States, the Secretary may lease to such lessee and upon such terms as the Secretary considers will promo the national defense or to be in the public interest, personal property that is
(1) under the control of a Defense Agency; (2) not for the time needed for public use; and (3) not excess property, as defined by section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (b) LIMITATION, TERMS, AND CONDITIONS.A lease under subsecti on (a)
(1) may not be for more than five years unless the Secretary of Defe period will promote the national defense or b nse determines that a lease for a longer e in the public interest;

(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law; (3) shall permit the Secretary to revoke the lease at any time, unless the Secretary determines that the omission of such a provision will promote the national defense or be in the public interest;
h or in kind) by the lessee of consideration in an amount that is not
(4) shall provide for the payment (in cas less than the fair market value of the lease interest, as determined by the Secretary; and r
(5) may provide, notwithstanding any other provision of law, for the improvement, maintenance, protection, repair, restoration, or replacement by the lessee, of the property leased as the payment of part o all of the consideration for the lease. (c) COMPETITIVE SELECTION.(1) If the term of a proposed lease under subsection (a) exceeds one year and the fair market value of the lease interest exceeds $100,000, as determined by the Secretary of Defense, the Secretary s hall use competitive procedures to select the lessee.



(2) Not later than 45 days before entering into a lease described in paragraph (1), the Secretary shall submit to Congress a written notice describing the terms of the proposed lease and the competitive procedures used select the lessee.

to ION OF MONEY RENT.Money rentals received pursuant to a lease entered into by the ubsection (a) shall be deposited in a special account in the Treasury fense Agency whose property is subject to the lease. Amounts in a Defense Agency's olely for the maintenance,
(d) DISPOSIT Secretary of Defense under s established for the De special account shall be available, to the extent provided in appropriations Acts, s the leased property.

repair, restoration, or replacement of

## Appendix **4-3:** 18 U.S.C.  231 - Civil Disorders Sec. 231. - Civil Disorders (A)

rsons, knowing or having reason to know or intending that the same will be unlawfully employed or the movement of any article or commodity in commerce or the
(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to pe for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, adversely affect commerce or conduct or performance of any federally protected function; or

(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or

ce
(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commer or the conduct or performance of any federally protected function - Shall be fined under this title or imprisoned not more than five years, or both.
ction shall make unlawful any act of any law enforcement officer which is erformed in the lawful performance of his official duties

## (B) Nothing Contained In This Se P Appendix **4-4:** 18 U.S.C.  1382 - Entering Military, Naval, Or Coast G Uard Property Sec. 1382. - Entering Military, Naval, Or Coast Guard Property


Whoever, within the jurisdiction of the United States, goes upon any military, naval, or Coast Guard reservation, post, fort, arsenal, yard, station, or installation, for any purpose prohibited by law or lawful regulation; or

fficer or person Whoever reenters or is found within any such reservation, post, fort, arsenal, yard, station, or installation, after having been removed therefrom or ordered not to reenter by any o in command or charge thereof -
Shall be fined under this title or imprisoned not more than six m onths, or both
ndant

## Appendix **4-5:** 18 U.S.C.  1385 - The Posse Comitatus Act (Pca) See Appendix 2-1 Appendix **4-6:** 28 U.S.C.  1346, 2671-2680 - Federal Tort Claims Act 28 U.S.C. 1346, 2002 United States As Defe

Sec. 1346. United States as defendant
(a) The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to h been erroneously or illegally as t o au in revenue laws;
(2
other civil action or claim against the United States, not exceeding $10,000 in amount, foun ave sessed or collected, or any penalty claimed to have been collected without hority or any sum alleged t  have been excessive or in any manner wrongfully collected under the ternal-
) Any ded ther upon the  Constitution, or any Act of Congress, or any regulation of an executive department, or ated or unliquidated damages in risdiction of any civil action or aim against the United States founded upon any express or implied contract with the United States or for ei upon any express or implied contract with the United States, or for liquid cases not sounding in tort, except that the district courts shall not have ju cl liquidated or unliquidated damages  in cases not sounding in tort which are subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges,  Marine Corps Ex Coast Guard Exchanges, or Exchange  Councils of the National Aeronautics and Space Adm shall be conside (
t to the provisions of chapter 171 of this title,  the district courts, together with th Court for the District of the Canal Zone d the District Court of theVirgin Islan an changes, inistration
red an express or implied contract with the United States.

b)(1) Subjec e United States District ds, shall have exclusive jurisdiction of civil tes, for money damages, ng on  and after January 1, 1
rsonal injury or death caused by e negligent or wrongful act or omission of any employee of the Government while acting within the ope of his office or employment, under circumstances where the United States, if a private person, would ith the law of the place where the act or omission occurred.

 is incarcerated while awaiting sentencing or while serving a civilaction against the United States or an agency, officer, or employee of the otional injury suffered while in custody without a prior showing of physical risdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other emand   whatever on the part of the United States against any plaintiff commencing an action

urisdiction under this section of any civil action or claim for a

26, or 7428 (in the case of the United States district court for the District of to quiet which an interest is claimed by the United States.

tion 453(2) of title 3, by a covered employee under ay 24, 1949, ch. 139, actions on claims against the United Sta
945, for injury or loss of property, or pe accrui th sc be liable to the claimant  in accordance w (2) No person convicted of a felony who sentence may bring a Government, for mental or em injury. (c) The ju claim or d under this section. (d) The district courts shall not have j pension. (e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 74 Columbia) or section 7429 of the Internal Revenue Code of 1986.

(f) The district courts shall have exclusive original jurisdiction of civil actions under section 2409a title to an estate or interest in real property in (g) Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over anycivil action commenced under sec chapter 5 of such title.

SOURCE
 (June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, Sec. 2(a), 63 Stat. 62; M Sec. 80(a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, Sec. 50(b), 65 Stat. 727; July 30, 1954, ch. 648, Sec. 1, 68 Stat. 589; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72 Stat. 348; Pub 6 1 1
1, 1978, 92 Stat. 2389; Pub. L. 97-164, title S 102-572, title
. L. 88-519, Aug. 30, 1964, 78 Stat.

99; Pub. L. 89-719, title II, Sec. 202(a), Nov. 2, 1966, 80 Stat. 1148; Pub. L. 91-350, Sec. 1(a), July 23,
970, 84 Stat. 449; Pub.   L. 92-562, Sec. 1, Oct. 25, 1972, 86 Stat. 1176; Pub. L. 94-455,  title XII, Sec. 204(c)(1), title XIII, Sec. 1306(b)(7), Oct. 4, 1976, 90 Stat. 1697, 1719; Pub. L. 95-563, Sec. 14(a), Nov.

 I, Sec. 129, Apr. 2, 1982, 96 Stat. 39; Pub. L. 97-248, title IV, ec. 402(c)(17), Sept. 3, 1982, 96 Stat. 669; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

 IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-134, title I, Sec. 101((a)) (title

26, 1996, 110 Stat. 1321, 1321-75; renumbered title I, Pub. L. 104-140, Sec. 1(a),
. 104-331, Sec. 3(b)(1), Oct. 26, 1996, 110 Stat. 4069.)
S
948 ACT
e 28, U.S.C., 1940 ed., Sec. 41(20), 931(a), 932 (Mar. 3, 1911, ch. 231, Sec. 24, par. 20, 36
2 Stat. 311; June 2, 1924, ch. 234, Sec. 1025(c), 43 Stat. 348; Feb. 24, 1925,
7, Sec. 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, ons of section 41(20) conferring jurisdiction upon the district court, in civil ith the first sentence of section 931(a) relating to jurisdiction of the s cases, and those provisions of section 932 making the provisions of said section plicable to tort claims cases, all of title 28, U.S.C., 1940 ed.
28, U.S.C., 1940 ed., for trials without a jury, is incorporated in section
402 of this revised title.  For other provisions thereof, see Distribution Table.
cing an action under this section'' in subsec. (c) of this revised section cover the provision
, 1940 ed., requiring that the same provisions ''for counterclaim and set-off''
n the district courts.
8, U.S.C., 1940 ed., ''accruing on and after January 1, 1945'' was ent of this revised title. Provisions in section 41(20) of title 28, U.S.C.,
940 ed.,elating to time for commencing action against United States and jury trial constitute sections 2401
this title. (See reviser's notes under said sections.)
age of the Revenue Act of
(1) because obsolete and superfluous.  Actions under this section VIII, Sec. 806), Apr. May 2, 1996, 110 Stat. 1327; Pub. L
HISTORICAL AND REVISION NOTE
1 Based on titl Stat. 1093; Nov. 23, 1921, ch. 136, Sec. 1310(c), 4 ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 2 Sec. 410(a), 411, 60 Stat. 843). Section consolidates provisi actions against the United States, w district courts in tort claim 41(20), relating to counterclaim and set-off, ap Provision in section 931(a) of title 2 Words ''commen in section 932 of title 28, U.S.C. shall apply to tort claims cases brought i The phrase in section 931(a) of title 2 omitted because executed as of the date of the enactm 1 and 2402 of Words in section 41(20) of title 28, U.S.C., 1940 ed., ''commenced after pass 1921'' were not included in revised subsection (a) involving erroneous or illegal assessments by the collector of taxe period of section 1113(a) of the Revenue C Words in sect o time such action or proceeding is commenced'' were omitted.   The revised section retains the langu ction 41(20) of title 28, U.S.C., 194 office when action is commenced, and consequently maintains the long existing distinctions in prac etween actions ag collection.  In the latt actions against the United States. See section 2402 of this title.  In reality all such actions are agains nited States and n s would be barred unless filed within the 5-year limitation Act of 1926, 44 Stat. 9, 116. (See United States v. A. S. Kreider o., 1941, 61 S.Ct. 1007, 313 U.S. 443, 85 L.Ed. 1447.)
ion 41(20) of title 28, U.S.C., 1940 ed., ''if the collector of internal revenue is dead or is not in ffice at the age of se

0 ed., with respect to actions against the United States if the collector is dead or not in tice b ainst the United States and actions against the collector who made the assessment or er class of actions either party may demand a jury trial while jury trial is denied in t the U
ot against local collectors. (See Lowe v.  United States, 1938, 58 S.Ct. 896, 304 U.S.

anseau v.  United States, D.C.Mich. 1943, 52 F.Supp. 395, and Combined Metals
302, 82 L.Ed. 1362; M Reduction Co. v.  United States, D.C.Utah 1943, 53 F.Supp. 739.) The revised subsect or be affected by this provision,'' contained in superfluous.  The words contained in section 41(20) of title the Civil War, and commonly known as 'war-claims,' or to reported adversely prior to the 3d day of March 1887 by an to have and determine the same,'' were omitted for the s The words ''in a civil action or in adm law, equity, or admiralty'' to conform to Rule 2 of the F Words in section 41(20) ''in respect to w ion (c)(1) omitted clause: ''but no suit pending on the 27th day of June 1898 shall abate section 41(20) of title 28, U.S.C., 1940 ed., as obsolete and
 28, U.S.C., 1940 ed., ''claims growing out of hear and determine other claims which had been y court, department, or commission authorized ame reason.

iralty,'' in subsection (a)(2), were substituted for ''either in a court of ederal Rules of Civil Procedure.

hich claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable'' were omitted fr ti om subsection (a)(2) of this revised section as unnecessary.  See reviser's note under section 1491 of this tle.

or jurisdiction of The Tax Court to review claims for refunds of processing taxes collected under the lture Adjustment Act, see sections 644-659 of title 7, U.S.C., 1940 ed., Agriculture, evenue Act, Act Oct. 21, 1942, ch. 610, title V, Sec. 510(a), (c), (d), 56 Stat. 667. (See, also, nited States, C.C.P.A. 1939, 104 F.2d 75, certiorari denied 60 S.Ct. 115, 308 U.S. 589, 84
e, also, reviser's note under section 1491 of this title as to jurisdiction of the Court of Claims
., Sec. 932, which related to application of the Federal Rules of Civil

f nd added par. (2). Subsec.

ded subsec. (g).


Code F unconstitutional Agricu and the 1942 R
Lamborn v.  U L.Ed. 493.)  Se in suits against the United States generally.  For venue of actions under this section, see section 1402 of this title and reviser's note thereunder.  Minor changes were made in phraseology. SENATE REVISION AMENDMENT The provision of title 28, U.S.C Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment.  See 80th Congress Senate Report No. 1559, amendment No. 61. 1949 ACT This section corrects typographical errors in section 1346(a)(1) of title 28, U.S.C., and in section 1346(b) o such title. REFERENCES IN TEXT The internal-revenue laws, referred to in subsec. (a)(1), are classified generally to Title 26, Internal Revenue Code.  Sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978, referred to in subsec. (a)(2), are classified to sections 607(g)(1) and 609(a)(1) of Title 41, Public Contracts. Sections 6226, 6228(a), 7426, 7428, and 7429 of the Internal Revenue Code of 1986, referred to in subsec. (e), are classified to sections 6226, 6228(a), 7426, 7428, and 7429, respectively, of Title 26, Internal Revenue Code. AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-134 designated existing provisions as par. (1) a (g). Pub. L. 104-331 ad 1992 - Subsec. (a). Pub. L. 102-572 substituted ''United States Court of Federal Claims'' for ''United States Claims Court''. 1986 - Subsec. (e). Pub. L. 99-514 substituted ''Internal Revenue Code of 1986'' for ''Internal Revenue of 1954''. 1982 - Subsec. (a). Pub. L. 97-164 substituted ''United States Claims Court'' for ''Court of Claims''. Subsec. (e). Pub. L. 97-248 substituted ''section 6226, 6228(a), 7426, or'' for ''section 7426 or section''.

978 - S
jurisdiction of district courts ci
1
ubsec. (a)(2). Pub. L. 95-563 excluded from the vil actions or claims gainst t


ng a he United States founded upon any express or implied contract with the United States or for damages in cases not sounding in tort subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. 1976 - Subsec. (e). Pub. L. 94-455 inserted ''or section 7429'' and ''or section 7428 (in the case of the United States district court for the District of Columbia)'', after ''section 7426''. 1972 - Subsec. (f). Pub. L. 92-562 added subsec. (f). 1970 - Subsec. (a)(2). Pub. L. 91-350 specified that the term ''express or implied contracts with the United States'' includes express or implied contracts with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration. 1966 - Subsec. (e). Pub. L. 89-719 added subsec. (e). 1964 - Subsec. (d). Pub. L. 88-519 struck out provisions which prohibited district courts from exercisi jurisdiction of civil   actions or claims to recover fees, salary, or compensation for official services of officers or employees of the United States. 1958 - Subsec. (b). Pub. L. 85-508 struck out reference to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1954 - Subsec. (a)(1). Act July 30, 1954, struck out language imposing jurisdictional limitation of $10,000 on suits to recover taxes. 1951 - Subsec. (d). Act Oct. 31, 1951, inserted references to ''claim'' and ''employees''.



n
-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a
, with ing after Sept. 3, 1982, the partnership, each partner, and each indirect partner requests such application and the Secretary of the elegate consents to such application, see section 407(a)(1), (3) of Pub. L. 97-248, set out L.

, set out as a note under section 171 of this tle.

s entered into 120 days after Nov. 1, 1978
 contractor, with respect to any claim pending at such time before the contracting

ity S DISTRICT COURT FOR THE DISTRICT OF THE CANAL
1949 - Subsec. (a)(1). Act May 24, 1949, Sec. 80(a), inserted '', (i) if the claim does not exceed $10,000 or (ii)''. Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, Sec. 80(b), made a technical change to correct ''chapter
173'' to read ''chapter 171'', and inserted ''on and after January 1, 1945'' after ''for money damages''. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-331 effective Oct. 1, 1997, see section  3(d) of Pub. L. 104-331, set out as a Effective Date note under section 1296 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102 note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENTS Amendment by Pub. L. 97-248 applicable to partnership taxable years beginning after Sept. 3, 1982 provision for the applicability of the amendment to any partnership taxable year end if Treasury or his d as an Effective Date note under section 6221 of Title 26, Internal Revenue Code.   Amendment by Pub. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164 ti EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-563 effective with respect to contract and, at the election of the officer or initiated thereafter, see section 16 of Pub. L. 95-563, set out as an Effective Date note under section 601 of Title 41, Public Contracts. EFFECTIVE DATE OF 1970 AMENDMENT Section 2 of Pub. L. 91-350 provided that: ''(a) In ad dition to granting jurisdiction over suits brought after the date of enactment of this Act (July 23,
1970), the provisions of this Act (amending this section and section 1491 of this title and section 724a of former Title 31, Money and Finance) shall also apply to claims and civil actions dismissed before or pending on the date of enactment of this Act if the claim or civil action is based upon a transaction, omission, or breach that occurred not more than six years prior to the date of enactment of this Act (July 23, 1970
).

''(b) The provisions of subsection (a) of this section shall apply notwithstanding a determination or judgment made prior to the date of enactment of this Act that the United States district courts or the United States Court of Claims did not have jurisdiction to entertain a suit on an express or implied contract with a nonappropriated fund instrumental of the United States described in section 1 of this Act.'' EFFECT
IVE DATE OF 1966 AMENDMENT
Section 203 of title II of Pub. L. 89-719 provided that: ''The amendments made by this title (amending this section and sections 1402 and 2410 of this title) shall apply after the date of the enactment of this Act (Nov. 2, 1966).'' EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. TERMINATION OF UNITED STATE ZONE
F
ination of the United States District Court for the District of the Canal Zone at end of the
''trans se graph 5 of Article XI of the Panama Canal Treaty or term ition period'', being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, e Para of 1977 and sections 2101 and 2201 to 2203 of
03, 3905 of this title; title 2 section 190g; title 3 sections 435, 451, 453; title 5 sections tle 22 sections 2702, 3761, 4606; title 25 sections 640d-17, 1680c; title 26 section
02;
Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified  to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 995, 1295, 1402, 1413, 2402, 2409a, 2671, 2676, 2677, 2678, 2679, 2680, 3901, 3902, 39 3373, 3374, 8477; title 10 sections 1054, 1089; title 14 sections 821, 823a; title 16 sections 450ss-3, 698v- 5; title 18 section 2712; ti 7422; title 29section 938; title 32 section 509; title 38 sections 515, 1151, 7316; title 41 sections 113, 6 title 42 sections 233, 238q, 405, 2212, 2221, 2223, 2458a, 4654, 5055, 7142c; title 43 section 1737; title 46 App. section 1242; title 47 section 606; title 48 section 1905; title 49 section 44309; title 50 App. sections 9, 2410. Source: http://uscode.house.gov/usc.htm


## Ms Act

is chapter and sections 1346(b) and 2401(b) of this title, the term "Federal agency" includes e executive departments, the judicial and legislative branches, the military departments, independent orporations primarily acting as instrumentalities or agencies of e Unite ember of the military or naval rces of rney mages t or omission of any employee of the agency while acting within the scope of his office or mploym e al or his designee. Notwithstanding the proviso contained in the preceding ntence, any award, compromise, or settlement may be effected without the prior written approval of the his or her designee, to the extent that the Attorney General delegates to the head of the e y of m UPDATE: None 28 U.S.C. 2671, *et seq.,* 2002
Federal Tort Clai Section 2671. Definitions As used in th th establishments of the United States, and c th d States, but does not include any contractor with the United States. "Employee of the government" includes officers or employees of any federal agency, members of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation. "Acting within the scope of his office or employment", in the case of a m fo the United States or a member of the National Guard as defined in section 101(3) of title 32, means acting in line of duty.

Section 2672. Administrative adjustment of claims The head of each Federal agency or his designee, in accordance with regulations prescribed by the Atto General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money da against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful ac e ent, under circumstances where the United States, if a private person, would be liable to th claimant in accordance with the law of the place where the act or omission occurred: Provided, That any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney Gener se Attorney General or agency the authority to make such award, compromise, or settlement. Such delegations may not exceed th authority delegated by the Attorney General to the United States attorneys to settle claims for mone damages against the United States. Each Federal agency may use arbitration, or other alternative means dispute resolution under the provisions of subchapter IV of chapter 5 of title 5, to settle any tort claim against the United States, to the extent of the agency's authority to award, compromise, or settle such clai without the prior written approval of the Attorney General or his or her designee.


ers of the t n or re Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award, compromise, settlement, or determination shall be final and conclusive on all offic Government, except when procured by means of fraud.

Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency. Paymen of any award, compromise, or settlement in an amount in excess of $2,500 made pursuant to this sectio made by the Attorney General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises a hereby made available for the payment of awards, compromises, or settlements under this chapter. The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.

Section 2673. Reports to Congress The head of each federal agency shall report annually to Congress all claims paid by it under section 2672 of this title, stating the name of each claimant, the amount claimed, the amount awarded, and a brief description of the claim.

Section 2674. Liability of United States The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof. With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled. With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter.

Section 2675. Disposition by federal agency as prerequisite; evidence
(a) An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim.

(b) Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim.

(c) Disposition of any claim by the Attorney General or other head of a federal agency shall not be competent evidence of liability or amount of damages.


Section 2676. Judgment as bar The judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim.

Section 2677. Compromise The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title, after the commencement of an action thereon.

Section 2678. Attorney fees; penalty No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both.

Section 2679. Exclusiveness of remedy
(a) The authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under section 1346(b) of this title, and the remedies provided by this title in such cases shall be exclusive.

(b)(1) The remedy against the United States provided by sections 1346(b) and 2672 of this title for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. Any other civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee's estate is precluded without regard to when the act or omission occurred.

(2) Paragraph (1) does not extend or apply to a civil action against an employee of theGovernment--
(A) which is brought for a violation of the Constitution of the United States, or (B) which is brought for a violation of a statute of the United States under which such action against an individual is otherwise authorized.


(c) The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or his estate for any such damage or injury. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the head of his department to receive such papers and such person shall promptly furnish copies of the pleadings and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the head of his employing Federal agency.

(d)(1) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against

the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant.

(2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. (3) In the event that the Attorney General has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. Upon such certification by the court, such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. A copy of the petition shall be served upon the United States in accordance with the provisions of Rule 4(d)(4) of the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Attorney General to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of his office or employment, the action or proceeding shall be remanded to the State court. (4) Upon certification, any action or proceeding subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of this title and shall be subject to the limitations and exceptions applicable to those actions.

(5) Whenever an action or proceeding in which the United States is substituted as the party defendant under this subsection is dismissed for failure first to present a claim pursuant to section 2675(a) of this title, such a claim shall be deemed to be timely presented under section 2401(b) of this title if--
(A) the claim would have been timely had it been filed on the date the underlying civil action was commenced, and
(B) the claim is presented to the appropriate Federal agency within 60 days after dismissal of the civil action.


(e) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677, and with the same effect.

Section 2680. Exceptions The provisions of this chapter and section 1346(b) of this title shall not apply to (a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter. (c) Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer. (d) Any claim for which a remedy is provided by sections 741-752, 781-790 of Title 46, relating to claims or suits in admiralty against the United States. (e) Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1-31 of Title 50, Appendix.

(f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States. [(g) Repealed. Sept. 26, 1950, c. 1049,  13(5), 64 Stat. 1043.] (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, "investigative or law enforcement officer" means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law. (i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system. (j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. (k) Any claim arising in a foreign country. (l) Any claim arising from the activities of the Tennessee Valley Authority. (m) Any claim arising from the activities of the Panama Canal Company.

## (N) Any Claim Arising From The Activities Of A Federal Land Bank, A Federal Intermediate Credit Bank, Or A Bank For Cooperatives. Source: Http://Uscode.House.Gov/Usc.Htm Amendment: None Appendix **4-7:** 31 U.S.C.  1535 - Agency Agreements Sec. 1535. - Agency Agreements

(a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if -
(1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government;
(3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and
(4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
(b) Payment shall be made promptly by check on the written request of the agency or unit filling the order.

Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided.
(c) A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract.
(d) An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in -
(1) providing goods or services; or
(2) making an authorized contract with another person to provide the requested goods or services.
(e) This section does not -
(1) authorize orders to be placed for goods or services to be provided by convict labor; or

## (2) Affect Other Laws About Working Funds Appendix **4-8:** Dodd 3025.12 - Military Assistance For Civil Disturbances See Appendix 2-4 Appendix **4-9:** Dodd 3025.15 - Military Assistance To Civil Authorities Department Of Defense Directive Number 3025.15 February 18, 1997

ASD(SO/LIC)
SUBJECT: Military Assistance to Civil Authorities References:
(a) Secretary of Defense Memorandum, "Military Assistance to Civil Authorities," December 12, 1995 (hereby canceled) (b) Deputy Secretary of Defense Memorandum, "Support of Civil Authorities in Airplane Hijacking Emergencies," July 29, 1972 (hereby canceled) (c) AR 385-70/AFR 55-13/OPNAVINST 3710.18B, "Unmanned Free Balloons and Kites, and Unmanned Rockets," December 13, 1965 (hereby canceled) (d) DoD Directive S-5210.36, "Provision of DoD Sensitive Support to DoD Components and Other Departments and Agencies of the U.S. Government," June 10, 1986 (e) through (q), see enclosure 1
1. PURPOSE This Directive:
1.1. Establishes DoD policy and assigns responsibilities for providing military assistance to civil authorities.

1.2. Supersedes reference (a).

1.3. Cancels references (b) and (c).


2. APPLICABILITY AND SCOPE This Directive:
2.1. Applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as "the DoD Components"). The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard (when it is operating, or planning for operations, as a Service in the Navy).

2.2. Governs all DoD military assistance provided to civil authorities within the 50 States, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof, including sensitive support requests under reference (d), civil disturbances under DoD Directive 3025.12, protection of key assets under DoD Directive 5160.54, DoD responses to civil emergencies under DoD Directive 3025.1, acts or threats of terrorism under DoD Directive 2000.12, and requests for aid to civil law enforcement authorities under DoD Directive 5525.5 (references (e) through (i)).

2.3. Does not apply to military service community affairs programs or innovative readiness training (formerly called "civil-military cooperative action programs"). 2.4. Does not apply to the Inspector General of the Department of Defense, the Defense Criminal Investigative Service, or the military criminal investigative organizations (MCIOs) when they are conducting joint investigations with civil law enforcement agencies of matters within their respective jurisdictions, using their own forces and equipment. Support by other components of the Department to such joint investigations is covered by this Directive.

3. DEFINITIONS Definitions used in this Directive are defined in enclosure 2.

4. POLICY It is DoD policy that:
4.1. The Department of Defense shall cooperate with and provide military assistance to civil authorities as directed by and consistent with applicable law, Presidential Directives, Executive Orders, and this Directive.

4.2. All requests by civil authorities for DoD military assistance shall be evaluated by DoD
approval authorities against the following criteria:
4.2.1. Legality (compliance with laws).

4.2.2. Lethality (potential use of lethal force by or against DoD forces).

4.2.3. Risk (safety of DoD forces).



4.2.4. Cost (who pays, impact on DoD budget).

4.2.5. Appropriateness (whether the requested mission is in the interest of the Department to conduct).

4.2.6. Readiness (impact on the DoD's ability to perform its primary mission).

4.3. The Secretary of the Army is approval authority for emergency support in response to natural or man-made disasters, as specified by this Directive.

4.4. The Secretary of Defense retains approval authority for support to civil authorities involving:
use of Commander in Chief (CINC)-assigned forces (personnel, units, and equipment) when required under subsection 4.5., below; DoD support to civil disturbances; DoD responses to acts of terrorism; and DoD support that will result in a planned event with the potential for confrontation with specifically identified individuals and/or groups or will result in the use of lethal force. Nothing in this Directive prevents a commander from exercising his or her immediate emergency response authority as outlined in DoD Directive 3025.1 (reference (g)).

4.5. With the exception of immediate responses under imminently serious conditions, as provided in paragraph 4.7.1., below, any support that requires the deployment of forces or equipment assigned to a Combatant Command by Secretary of Defense Memorandum (reference (j)), must be coordinated with the Chairman of the Joint Chiefs of Staff. The Chairman shall evaluate each request to use Combatant Command forces or equipment to determine if there is a significant issue requiring Secretary of Defense approval. Orders providing assistance to civil authorities that are approved by the Secretary of Defense involving the use of Combatant Command forces or equipment shall be issued through the Chairman of the Joint Chiefs of Staff. Upon Secretary of Defense approval, the Secretary of the Army, when designated "the DoD Executive Agent," shall implement and oversee DoD support in accordance with such approved orders.

4.6. This Directive does not address non-Federalized National Guard assets in support of local and/or State civil agencies approved by the Governor. However, there exists potential for such deployments to result in confrontation, use of lethal force, or national media attention. Therefore, the Director of Military Support (DOMS) shall keep the Chairman of the Joint Chiefs of Staff and the Secretary of Defense informed of such support.

4.7. Requests for military assistance should be made and approved in the following ways:

4.7.1. Immediate Response. Requests for an immediate response (i.e., any form of immediate action taken by a DoD Component or military commander to save lives, prevent human suffering, or mitigate great property damage under imminently serious conditions) may be made to any Component or Command. The DoD Components that receive verbal requests from civil authorities for support in an exigent emergency may initiate informal planning and, if required, immediately respond as authorized in DoD Directive 3025.1 (reference (g)). Civil authorities shall be informed that verbal requests for support in an emergency must be followed by a written request. As soon as practical, the Component or Command rendering assistance shall report the fact of the request, the nature of the response, and any other pertinent information through the chain of command to the DoD Executive Secretary, who shall notify the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and any other appropriate officials. If the report does not include a copy of the civil authorities' written request, that request shall be forwarded to the DoD Executive Secretary as soon as it is available.


4.7.2. Loans of Equipment, Facilities, or Personnel to Law Enforcement. Requests for loans of equipment, facilities, or personnel made by law enforcement agencies, including the Coast Guard when not acting as part of the Navy, other than requests made under paragraph 4.7.1., above, shall be made and approved in accordance with DoD Directive 5525.5 (reference (i)), but at a level no lower than a flag or general officer, or equivalent civilian, with the following exceptions:


4.7.2.1. The Secretary of Defense is the approval authority for any requests for potentially lethal support (i.e., lethal to the public, a member of law enforcement, or a Service member) made by law enforcement agencies. Lethal support includes: loans of arms; combat and tactical vehicles, vessels or aircraft; or ammunition. It also includes: all requests for support under 10 U.S.C. 382 and 18
U.S.C. 831 (references (k) and (l)); all support to counterterrorism operations; and all support to law enforcement when there is a potential for confrontation between law enforcement and specifically identified civilian individuals or groups.



4.7.2.2. The Secretary of Defense is the approval authority for all assistance with the potential for confrontation between Department personnel and civilian individuals or groups.



4.7.2.3. If a DoD Component has a question on the appropriateness or legality of providing requested support, such requests shall be forwarded to the Secretary of Defense for review and approval.



4.7.2.4. Orders approved by the Secretary of Defense under this paragraph shall be processed, as prescribed in paragraph 4.7.3.5., below.


4.7.3. Support for Civil Disasters


4.7.3.1. When the Department of Defense is called upon to respond to civil emergencies (i.e., natural or man-made disasters) other than terrorism, and subject to subsection 4.5., above, the Secretary of the Army, as the DoD Executive Agent for the Secretary of Defense, is the approval authority for emergency support, as provided in DoD Directive 3025.1 (reference (g)).



4.7.3.2. A request for civil disaster support shall be made to the DOMS.



4.7.3.3. The DOMS, in coordination with the Director of Operations of the Joint Staff, shall review a support request to determine recommended courses of action that may be taken in response to the request. If approval of the Secretary of Defense is not required under subsection 4.5. or paragraph 4.7.2., above, or because support can be met by the Military Services or Defense Agency assets, DOMS shall submit the request for assistance, with recommended execute orders, to the Secretary of the Army for approval and subsequent tasking of the appropriate DoD Components, in accordance with DoD Directive 3025.1 (reference (g)). If based on initial coordination with the Director of Operations, Joint Staff, Secretary of Defense approval is required (as provided in subsection 4.5., above ), DOMS shall develop and staff recommended execute orders and obtain concurrences or comments from appropriate DoD offices and the Secretary of the Army before forwarding the request, through the Chairman of the Joint Chiefs of Staff, to the Secretary of Defense for approval.



4.7.3.4. Requests for loans of equipment, facilities, or personnel by law enforcement agencies shall be processed under paragraph 4.7.2., above. 4.7.3.5. All orders approved by the Secretary of Defense shall be issued by DOMS upon the Chairman of the Joint Chiefs of Staff verification of such approval, and all orders approved by the Secretary of the Army acting as Executive Agent for the Secretary of Defense shall be issued through the DOMS to the appropriate DoD Component for execution, in accordance with DoD Directive 3025.1 (reference (g)). Such orders shall provide for post-deployment management of the Department's response by the Secretary of the Army, as the DoD Executive Agent for the Secretary of Defense.


4.7.4. Support for Domestic Civil Disturbances. The employment of active duty military forces in domestic civil disturbances may be requested only by the President or Attorney General and authorized only by the President. When requested by the Attorney General and approved by the Secretary of Defense or when authorized by the President, the Secretary of Defense shall employ active federal military forces under rules of engagement approved by General Counsel of the Department of Defense (GC,DoD) and the Attorney General. The Secretary of the Army, as Executive Agent for the Secretary of Defense, and with the advice and assistance of the Chairman of the Joint Chiefs of Staff, and the DOMS, shall direct the required DoD assistance, in accordance with DoD Directive 3025.12 (reference (e)), DoD Directive 5160.54 (reference (f)), and DoD Directive 3025.1 (reference(g)), unless otherwise directed by the Secretary of Defense. The Secretary of the Army, in coordination with the Chairman of the Joint Chiefs of Staff, shall at all times maintain contingency plans, with rules of engagement approved by the Department of Justice, for use in civil disturbance situations.


4.7.5. Support for Domestic Counterterrorism Operations. The employment of U.S.

military forces in response to acts or threats of domestic terrorism may be requested only by the President (or in accordance with Presidential Decision Directives) and must be authorized by the President. All requests for assistance in responding to acts or threats of domestic terrorism must also be approved by the Secretary of Defense.



4.7.5.1. Informal action on counterterrorist support requests shall normally be requested by contacting the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict (ASD(SO/LIC)), who shall review such requests or actions from a policy perspective. Following the policy review, the informal request will be passed to the Joint Staff for operational analysis. Any requests requiring consequence management preparation shall be coordinated between the Joint Staff and DOMS staff.



4.7.5.2. When a formal or informal request for support is made, or the ASD
(SO/LIC) determines that such a request is imminent, the ASD (SO/LIC) shall establish a Crisis Coordination Group (consisting of, at a minimum, representatives from the Office of the ASD (SO/LIC), Office of the Under Secretary of Defense (Comptroller) (USD (C)), Department of the Army, Joint Staff, and the office of the GC, DoD, to coordinate and integrate all aspects of the DoD response actions. Before submission of a request to the Secretary of Defense for approval, all crisis management requests shall be coordinated by the ASD (SO/LIC) with the GC,DoD and the USD (C), and shall be submitted to the Under Secretary of Defense for Policy (USD (P)) for a policy review.



4.7.5.3. The Secretary of Defense shall manage the DoD's response to any acts or threats of terrorism.



4.7.5.4. The Chairman of the Joint Chiefs of Staff shall assist the Secretary of Defense when he or she is implementing the DoD operational response to acts or threats of terrorism. The Chairman of the Joint Chiefs of Staff shall at all times maintain contingency plans for use in counterterrorism situations.



4.7.5.5. The Secretary of the Army, as the DoD Executive Agent of the Secretary of Defense for civil emergencies, shall direct and execute DoD consequence management assistance, in accordance with DoD Directive 3025.1 (reference (g)) and applicable Presidential Decision Directives, unless otherwise directed by the Secretary of Defense. The Secretary of the Army shall be assisted by the DOMS.


4.7.6. Sensitive Support Operations. Requests for sensitive support to civil authorities shall be governed by DoD Directive S-5210.36 (reference (d)).


4.7.7. Counterdrug Operational Support. Counterdrug operational support is not covered by this Directive.

4.8. Requests for any support that may require the approval of the Secretary of Defense shall be made in writing to the DoD Executive Secretary. Exceptions to this general rule are, as follows:

4.8.1. Requests made by the Federal Emergency Management Agency for disaster support (other than support required by a response to a terrorist event) shall be made to the DOMS, who shall promptly notify the Executive Secretary.



4.8.2. Requests for sensitive support shall be made in accordance with DoD
Directive S-5210.36 (reference (d)).


4.8.3. Requests for immediate support under imminently serious conditions made under paragraph 4.7.1., above may be made to the nearest DoD Component or military commander. Verbal requests shall be reduced to writing, and the DoD Component or military commander who approved the support shall forward that request to the DoD Executive Secretary of the Department of Defense as soon as possible after receipt.

4.9. Requests for support that are received by a DoD Component, other than the approval authority specified in section 4., above, shall be promptly forwarded by the receiving DoD Component to the approval authority or, if the approval authority cannot be determined, to the DoD Executive Secretary of the Department of Defense.

4.10. All requests for support from other Federal Agencies must be in writing. Each request for nonreimbursable support must provide a legal and factual justification for a waiver of reimbursement. All other requests must be accompanied by a fund citation pursuant to the "Economy Act" (reference (m)) or other reimbursement mechanism.

4.11. All requests for nonreimbursable support made by another Federal Agency must be approved by the Secretary of Defense. Upon receipt of such a request, the DoD Executive Secretary shall notify the Secretary of Defense and shall also forward copies to the USD (P), the USD (C), and the GC, DoD.

4.12. All requests for support from State and local agencies must be in writing. Each request for nonreimbursable support must provide a legal and factual justification for a waiver of reimbursement. All other requests must be accompanied by a statement that reimbursement will be made. Requests for nonreimbursable support made by state or local civil authorities shall be approved as provided in DoD Directive 5525.5 (reference (i)).

5. RESPONSIBILITIES
5.1. The Under Secretary of Defense for Policy shall:

5.1.1. Develop, coordinate, and oversee the implementation of policy for DoD assistance to civil authorities; and, in coordination with the GC, DoD, shall ensure that such assistance is in compliance with applicable law, Presidential Directives, Executive Orders, and DoD Directives and CONPLANS and/or functional plans.


5.1.2. Ensure that the Deputy to the USD (P) for Policy Support shall:


5.1.2.1. Provide policy oversight for DoD responses to civil disturbances and civil emergencies pursuant to DoD Directive 5160.54 (reference (f)) and DoD Directive 3025.1 (reference (g)), respectively.



5.1.2.2. Coordinate with the ASD (SO/LIC) on matters covered by paragraph


5.1.3.1., below, as appropriate.


5.1.3. Ensure that the ASD (SO/LIC) shall:


5.1.3.1. Exercise policy oversight for and make recommendations on the use of U.S. counterterrorism special mission units, pursuant to DoD Directive 3025.12 (reference (e)).



5.1.3.2. Serve as the primary informal DoD entry point and coordination and policy review office for all actions dealing with counterterrorism crisis management, to include DoD responses to terrorism incidents, including weapons of mass destruction (WMD).



5.1.3.3. Serve as the DoD coordination and policy review office for all actions dealing with domestic civil authorities on matters that involve combating terrorism.


5.2. The Under Secretary of Defense for Personnel and Readiness shall:

5.2.1. In coordination with the GC, DoD, develop, coordinate, and oversee the implementation of policy for all DoD noncounterdrug support to civil law enforcement authorities in accordance with DoD Directive 5525.5 (reference (i)) and as prescribed herein.


5.2.2. Coordinate long-range policies and procedures that govern the provision of nonemergency, noncounterdrug support to civilian law enforcement agencies or authorities in order to further DoD cooperation with public safety agencies under reference (i).

5.3. The Under Secretary of Defense (Comptroller) shall issue guidance for the funding of all DoD
training and exercises involving DoD support to civil authorities, and shall designate the appropriate DoD office and/or command to consolidate DoD costs associated with DoD responses under the provisions of this and supporting DoD Directives.

5.4. The General Counsel of the Department of Defense shall coordinate with and advise the USD
(P), the Under Secretary of Defense for Personnel and Readiness (USD(P&R)), the Chairman of the Joint Chiefs of Staff, and other DoD officials, as appropriate, to ensure DoD military assistance to civil authorities is consistent with applicable law, Presidential Directives, Executive Orders, and DoD Directives.

5.5. The Under Secretary of Defense for Acquisition and Technology shall ensure that the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs shall:

5.5.1. Serve as the technological advisor to the Secretary of Defense, OSD Principal Staff Assistants, and the Secretary of the Army when designated as the DoD Executive Agent, on radiological accidents and WMD incidents, and terrorist incidents involving chemical and biological agents; system characteristics, composition, and safety features; interdepartmental technical responsibilities and the Federal radiological emergency response system; and technical capabilities of the various Federal response elements.


5.5.2. Ensure that all technological support provided under the Joint Chemical and/or Biological Defense Program and by the Defense Special Weapons Agency is coordinated with responsible Federal consequence and crisis management agencies and the GC,DoD, and is in compliance with applicable law, Presidential Directives, Executive Orders, and DoD Directives and CONPLANS and/or functional plans.

5.6. The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, shall exercise policy oversight and provide coordination or recommendations concerning the use of DoD intelligence, information systems, and telecommunications assets in response to requests for assistance from civil authorities.

5.7. The DoD Executive Secretary shall be the principal OSD official responsible for keeping the Secretary of Defense and cognizant senior OSD officials informed of emergency and routine DoD military assistance requests from civil authorities, and shall be the DoD office of record for all such assistance, to include all relevant memoranda of understanding or agreement negotiated between the DoD Components and any external agency under DoD Instruction 4000.19 (reference (n)). The DoD Executive Secretary shall establish specific procedures to carry out those responsibilities.

5.8. The Secretary of the Army shall:


5.8.1. Serve as DoD Executive Agent and act for the Secretary of Defense for the development of planning guidance, implementation, and procedures as delineated in DoD Directives 3025.12, 3025.1 (references (e) and (g)), and this Directive. In the event Combatant Command-assigned forces or equipment are not required, the Secretary of the Army, as the DoD Executive Agent, may task the DoD Components directly to provide support. For requests of forces assigned to the Combatant Commands, DOMS, as directed by the DoD Executive Agent, shall develop an execute order for submission through the Joint Staff to the Chairman of the Joint Chiefs of Staff to the Secretary of Defense, if required under subsection 4.5. or paragraph 4.7.2., above, for approval. Upon such approval, the Secretary of the Army shall direct and implement DoD support, in accordance with such approved orders.


5.8.2. Maintain a dedicated staff, established under the DOMS, to assist in carrying out assigned DoD Executive Agent responsibilities for responding to any of the following: civil disturbances, and civil emergencies, including disasters resulting from terrorism incidents involving WMD. Identify, in coordination with the Chairman of the Joint Chiefs of Staff, full time positions in the DOMS staff that are designated joint critical and necessary augmentation from the Joint Staff to reinforce the DOMS staff in the event such is needed during a crisis.


5.8.3. When forces assigned to the Combatant Commands are required for responses to civil disturbances and civil emergencies (natural or man-made disasters), provide, through the DOMS, to the Chairman of the Joint Chiefs of Staff all initial orders and subsequent orders modifying the forces required or rules of engagement to determine if Secretary of Defense approval is required under subsection 4.5. or paragraph 4.7.2., above. After approval by either the Secretary of Defense or the Secretary of the Army, direct and implement such orders. Nothing in this Directive shall prevent a commander from exercising his or her immediate emergency response authority, as outlined in reference (g).


5.8.4. Approve the deployment and employment of Military Department, Defense Agency, and DoD Field Activity resources, and transmit appropriate orders directing such deployment and employment in DoD responses to natural or man-made disasters that do not include forces assigned to the Combatant Commands.


5.8.5. Assist the Secretary of Defense as the DoD Executive Agent for civil emergencies
(disaster consequence management) during the consequence management phase of terrorist incidents.

5.9. The Secretaries of the Military Departments shall:

5.9.1. Provide military support to civil authorities, in accordance with this Directive.


5.9.2. Ensure internal compliance with the approval authorities and execution procedures contained in this Directive when providing military assistance to civil law enforcement authorities.


5.9.3. Inform the Chairman of the Joint Chiefs of Staff and the USD(P&R) of any military support provided to civil authorities that affects readiness of military forces.


5.9.4. Ensure that all technological support provided to civil authorities is coordinated with responsible DoD offices of primary responsibility within OSD.

5.10. The Chairman of the Joint Chiefs of Staff shall:

5.10.1. Advise the Secretary of Defense on operational policies, responsibilities, and programs on the provision of military assistance to civil authorities.


5.10.2. Review all requests or proposals for DoD military assistance to civil authorities that involve the operational deployment and employment of forces (personnel and equipment), assigned to the Combatant Commands, as defined in Secretary of Defense Memorandum (reference (j)).



5.10.3. Forward, if required under subsection 4.5. or paragraph 4.7.2., above, for
Secretary of Defense approval, all requests for support, operational deployment and execution orders for the deployment and employment of forces assigned to the Combatant Commands to assist civil authorities.


5.10.4. Assist the Secretary of Defense when he or she is implementing DoD operational
responses to threats or acts of terrorism.


5.10.5. Coordinate with the GC, DoD, and the USD(P) to ensure that DoD operational
procedures for responding to threats or acts of terrorism comply with applicable law, Presidential Directives, Executive Orders, this Directive and other DoD guidance.

5.10.6. Assist the Secretary of the Army, in his or her DoD Executive Agent
responsibilities for civil disturbance and disaster support and management, in developing planning guidance for providing military assistance to civil authorities under all conditions of war or attacks on the United States or its territories. Facilitate communications on such matters with the Commanders of the Combatant Commands, as appropriate; such communications will normally be transmitted through the DOMS, unless the Secretary of Defense directs otherwise.

5.10.7. To the extent feasible, ensure that the plans and operations for military support to
civil authorities are compatible with other military plans. Inform the Secretary of Defense when such compatibility cannot be achieved or when plans and operations for military support to civil authorities will adversely affect military readiness. Adverse affects on military readiness shall also be reported to the USD (P&R).

5.10.8. Assist Commanders of the Combatant Commands to meet their operational
requirements for providing military assistance to civil authorities that has been approved and directed by the Secretary of Defense.

5.10.9. Assist the Secretary of the Army in identifying select full-time positions as joint
critical and designating Joint Staff members to augment the DOMS staff during a crisis to ensure the DOMS staff has adequate joint and Joint Staff expertise. In coordination with the DOMS, establish procedures for gaining approval for and directing the execution of DoD assistance to civil authorities by forces assigned to the Combatant Commands.

5.10.10. As part of the Chairman of the Joint Chiefs of Staff Exercise Evaluation
Program, assess combatant command exercises that focus on military operational support for civil authorities to ensure that joint doctrinal and interoperability issues and appropriate lessons learned are captured.
5.11. The Heads of the DoD Components responsible for related DoD issuances, concept plans,
and memoranda of understanding or agreement with external agencies shall ensure that such documents are in full compliance with this Directive.

6. INFORMATION REQUIREMENTS
6.1. The USD (C) shall establish procedures to capture financial costs and types and/or amount of
support provided to civil authorities. Procedures shall include methods to obtain reimbursement from civil
authorities, as appropriate.
6.2. Quarterly reports of support provided or denied shall be forwarded to the Executive Secretary
for information. Support provided to civilian law enforcement authorities and agencies by the DoD Criminal Investigative Organizations under DoD Directive 5525.7 (reference (o)) shall be reported annually to the DoD Executive Secretary. Readiness issues shall be forwarded to the Chairman of the Joint Chiefs of Staff and the USD(P&R) for assessment and to the DoD Executive Secretary for information.


6.3. DoD Directive 8910. 1 (reference (p)) establishes policy for managing and controlling information requirements. DoD 8910.1-M (reference (q)) provides procedures for establishing, revising, and canceling information requirements; obtaining information from the public, non-DoD Federal Agencies, and the DoD Components; and operating reports management programs.


7. EFFECTIVE DATE This Directive is effective immediately.



/S/


John P. White


Deputy Secretary of Defense Enclosures - 2 1. References 2. Definitions

E1. ENCLOSURE 1
REFERENCES, continued (e) DoD Directive 3025.12, "Miltary Assistance for Civil Disturbances (MACDIS)," February 4, 1994
(f) DoD Directive 5160.54, "DoD Key Assets Protection Program (KAPP)," June 10, 1994 (g) DoD Directive 3025.1, "Military Support to Civil Authorities (MSCA)," January 15, 1993 (h) DoD Directive 2000.12 , "DoD Combating Terrorism Program," September 15, 1996
(i) DoD Directive 5525.5, "DoD Cooperation with Civilian Law Enforcement Officials, " January 15, 1986 (j) Secretary of Defense Memorandum, "Forces for Unified Command - FY 1996," November 18, 1995 (k) Sections 382 and 1416 of title 10, United States Code (l) Section 831 of title 18, United States Code (m) Section 377 of title 10, United States Code, "Economy Act" (n) DoD Instruction 4000.19 , "Interservice and Intragovernmental Support," August 9, 1995
(o) DoD Directive 5525.7, "Implementation of the Memorandum of Understanding Between the Department of Justice and the Department of Defense Relating to the Investigation and Prosecution of Certain Crimes," January 22, 1985
(p) DoD Directive 8910.1, "Management and Control of Information Requirements," June 11, 1993 (q) DoD 8910.1-M, "DoD Procedures for Management of Information Requirements," November 1986, authorized by DoD Directive 8910.1, June 11, 1993

E2. ENCLOSURE 2
DEFINITIONS


E2.1.1. Civil Authorities. Nonmilitary Federal, State, or local government agencies.

E2.1.2. Civil Disturbances. Group acts of violence and disorders prejudicial to public law and order in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof.

E2.1.3. Civil Emergency. Any natural or manmade disaster or emergency that causes or could cause substantial harm to the population or infrastructure, as defined in DoD Directive 3025.1 (reference (g)).

E2.1.4. CINC-assigned forces. Any and all personnel and equipment of units assigned to the Combatant Commands by the Secretary of Defense Memorandum (reference (j)), or assets determined by the Chairman of the Joint Chiefs of Staff to have an impact on operational requirements or readiness. A list of assets not covered in reference (j) that have an impact on operations or readiness shall be provided by the Chairman of the Joint Chiefs of Staff to the DoD Components and updated on a periodic basis.

## E2.1.5. Consequence Management. Comprises Those Essential Services And Activities Required To Manage And Mitigate Problems Resulting From Disasters And Catastrophes. Such Services And Activities May Include Transportation, Communications, Public Works And Engineering, Fire Fighting, Information Planning, Mass Care, Resources Support, Health And Medical Services, Urban Search And Rescue, Hazardous Materials, Food, And Energy. E2.1.6. Dod Executive Agent. The Individual Designated By Position To Have And To Exercise The Assigned Responsibility And Delegated Authority Of The Secretary Of Defense, As Specified In Dod Directive 3025.1 (Reference (G)). E2.1.7. Immediate Response. Any Form Of Immediate Action Taken By A Dod Component Or Military Commander, Under The Authorities Outlined In Dod Directive 3025.12 (Reference (E)), To Assist Civil Authorities Or The Public To Save Lives, Prevent Human Suffering, Or Mitigate Great Property Damage Under Imminently Serious Conditions Occurring Where There Has Not Been Any Declaration Of Major Disaster Or Emergency By The President Or Attack. E2.1.8. Military Assistance To Civil Authorities. Those Dod Activities And Measures Covered Under Msca (Natural And Manmade Disasters, See Definition 9.) Plus Dod Assistance For Civil Disturbances, Counterdrug, Sensitive Support, Counterterrorism, And Law Enforcement. E2.1.9. Military Support To Civil Authorities (Msca). Those Activities And Measures Taken By The Dod Components To Foster Mutual Assistance And Support Between The Department Of Defense And Any Civil Government Agency In Planning Or Preparedness For, Or In The Application Of Resources For Response To, The Consequences Of Civil Emergencies Or Attacks, Including National Security Emergencies. E2.1.10. Terrorism. The Calculated Use Of Violence Or Threat Of Violence To Inculcate Fear; Intended To Coerce; Or To Intimidate Governments Or Societies In The Pursuit Of Goals That Are Generally Political, Religious, Or Ideological. Appendix 4-10: Dodd 5525.5 - Dod Cooperation With Civilian Law Enforcement Officials See Appendix 2-3 Appendix 4-11: Executive Order 12656 - Assignment Of Emergency Preparedness Responsibilities Executive Order 12656, November 18, 1988, Assignment Of Emergency Preparedness Responsibilities Whereas Our National Security Is Dependent Upon Our Ability To Assure Continuity Of Government, At Every Level, In Any National Security Emergency Situation That Might Confront The Nation; And Whereas Effective National Preparedness Planning To Meet Such An Emergency, Including A Massive Nuclear Attack, Is Essential To Our National Survival; And Whereas Effective National Preparedness Planning Requires The Identification Of Functions That Would Have To Be Performed During Such An Emergency, The Assignment Of Responsibility For Developing Plans For Performing These Functions, And The Assignment Of Responsibility For Developing The Capability To Implement Those Plans; And Doplaw Handbook

WHEREAS the Congress has directed the development of such national security emergency preparedness plans and has provided funds for the accomplishment thereof; NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended, and the Federal Civil Defense Act, as amended, it is hereby ordered that the responsibilities of the Federal departments and agencies in national security emergencies shall be as follows: Part 1--Preamble Section 101.  National Security Emergency Preparedness Policy. (a) The policy of the United States is to have sufficient capabilities at all levels of government to meet essential defense and civilian needs during any national security emergency. A national security emergency is any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States. Policy for national security emergency preparedness shall be established by the President. Pursuant to the President's direction, the National Security Council shall be responsible for developing and administering such policy. All national security emergency preparedness activities shall be consistent with the Constitution and laws of the United States and with preservation of the constitutional government of the United States. (b) Effective national security emergency preparedness planning requires: identification of functions that would have to be performed during such an emergency; development of plans for performing these functions; and development of the capability to execute those plans. Sec. 102. Purpose. (a) The purpose of this Order is to assign national security emergency preparedness responsibilities to Federal departments and agencies. These assignments are based, whenever possible, on extensions of the regular missions of the departments and agencies. (b) This Order does not constitute authority to implement the plans prepared pursuant to this Order. Plans so developed may be executed only in the event that authority for such execution is authorized by law. Sec. 103. Scope. (a) This Order addresses national security emergency preparedness functions and activities. As used in this Order, preparedness functions and activities include, as appropriate, policies, plans, procedures, and readiness measures that enhance the ability of the United States Government to mobilize for, respond to, and recover from a national security emergency. (b) This Order does not apply to those natural disasters, technological emergencies, or other emergencies, the alleviation of which is normally the responsibility of individuals, the private sector, volunteer organizations, State and local governments, and Federal departments and agencies unless such situations also constitute a national security emergency. (c) This Order does not require the provision of information concerning, or evaluation of, military policies, plans, programs, or states of military readiness. (d) This Order does not apply to national security emergency preparedness telecommunications functions and responsibilities that are otherwise assigned by Executive Order 12472. Sec. 104. Management of National Security Emergency Preparedness. (a) The National Security Council is the principal forum for consideration of national security emergency preparedness policy. (b) The National Security Council shall arrange for Executive branch liaison with, and assistance to, the Congress and the Federal judiciary on national security-emergency preparedness matters. (c) The Director of the Federal Emergency Management Agency shall serve as an advisor to the National Security Council on issues of national security emergency preparedness, including mobilization preparedness, civil defense, continuity of government, technological disasters, and other issues, as appropriate. Pursuant to such procedures for the organization and management of the National Security Council process as the President may establish, the Director of the Federal Emergency Management Agency also shall assist in the implementation of and management of the National Security Council process as the President may establish, the Director of the Federal Emergency Management Agency also shall assist in the implementation of national security emergency preparedness policy by coordinating with the other Federal departments and agencies and with State and local governments, and by providing periodic reports to the National Security Council on implementation of national security emergency preparedness policy. (d) National security emergency preparedness functions that are shared by more than one agency shall be coordinated by the head of the Federal department or agency having primary responsibility and shall be supported by the heads of other departments and agencies having related responsibilities. (e) There shall be a national security emergency exercise program that shall be supported by the heads of all appropriate Federal departments and agencies. (f) Plans and procedures will be designed and developed to provide maximum flexibility to the President for his implementation of emergency actions. Sec. 105. Interagency Coordination. (a) All appropriate Cabinet members and agency heads shall be consulted regarding national security emergency preparedness programs and policy issues. Each department and agency shall support interagency coordination to improve preparedness and response to a national security emergency and shall develop and maintain decentralized capabilities wherever feasible and appropriate. (b) Each Federal department and agency shall work within the framework established by, and cooperate with those organizations assigned responsibility in, Executive Order No. 12472, to ensure adequate national security emergency preparedness telecommunications in support of the functions and activities addressed by this Order. Part 2--General Provisions Sec. 201. General. The head of each Federal department and agency, as appropriate, shall: (1) Be prepared to respond adequately to all national security emergencies, including those that are international in scope, and those that may occur within any region of the Nation; (2) Consider national security emergency preparedness factors in the conduct of his or her regular functions, particularly those functions essential in time of emergency. Emergency plans and programs, and an appropriate state of readiness, including organizational infrastructure, shall be developed as an integral part of the continuing activities of each Federal department and agency;
(3) Appoint a senior policy official as Emergency Coordinator, responsible for developing and maintaining a multi-year, national security emergency preparedness plan for the department or agency to include objectives, programs, and budgetary requirements; (4) Design preparedness measures to permit a rapid and effective transition from routine to emergency operations, and to make effective use of the period following initial indication of a probable national security emergency. This will include: (a) Development of a system of emergency actions that defines alternatives, processes, and issues to be considered during various stages of national security emergencies; (b) Identification of actions that could be taken in the early stages of a national security emergency or pending national security emergency to mitigate the impact of or reduce significantly the lead times associated with full emergency action implementation; (5) Base national security emergency preparedness measures on the use of existing authorities, organizations, resources, and systems to the maximum extent practicable; (6) Identify areas where additional legal authorities may be needed to assist management and, consistent with applicable Executive orders, take appropriate measures toward acquiring those authorities; (7) Make policy recommendations to the National Security Council regarding national security emergency preparedness activities and functions of the Federal Government;
(8) Coordinate with State and local government agencies and other organizations, including private sector organizations, when appropriate. Federal plans should include appropriate involvement of and reliance upon private sector organizations in the response to national security emergencies; (9) Assist State, local, and private sector entities in developing plans for mitigating the effects of national security emergencies and for providing services that are essential to a national response;
(10) Cooperate, to the extent appropriate, in compiling, evaluating, and exchanging relevant data related to all aspects of national security emergency preparedness; (11) Develop programs regarding congressional relations and public information that could be used during national security emergencies; (12) Ensure a capability to provide, during a national security emergency, information concerning Acts of Congress, presidential proclamations, Executive orders, regulations, and notices of other actions to the Archivist of the United States, for publication in the Federal Register, or to each agency designated to maintain the Federal Register in an emergency; (13) Develop and conduct training and education programs that incorporate emergency preparedness and civil defense information necessary to ensure an effective national response; (14) Ensure that plans consider the consequences for essential services provided by State and local governments, and by the private sector, if the flow of Federal funds is disrupted; (15) Consult and coordinate with the Director of the Federal Emergency Management Agency to ensure that those activities and plans are consistent with current National Security Council guidelines and policies. Sec. 202. Continuity of Government. The head of each Federal department and agency shall ensure the continuity of essential functions in any national security emergency by providing for: succession to office and emergency delegation of authority in accordance with applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency operating capabilities. Sec. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall: (1) Develop plans and programs to mobilize personnel (including reservist programs), equipment, facilities, and other resources; (2) Assess essential emergency requirements and plan for the possible use of alternative resources to meet essential demands during and following national security emergencies; (3) Prepare plans and procedures to share between and among the responsible agencies resources such as energy, equipment, food, land, materials, minerals, services, supplies, transportation, water, and workforce needed to carry out assigned responsibilities and other essential functions, and cooperate with other agencies in developing programs to ensure availability of such resources in a national security emergency; (4) Develop plans to set priorities and allocate resources among civilian and military claimants; (5) Identify occupations and skills for which there may be a critical need in the event of a national security emergency.

Sec. 204. Protection of Essential Resources and Facilities. The head of each Federal department and agency, within assigned areas of responsibility, shall: (1) Identify facilities and resources, both government and private, essential to the national defense and national welfare, and assess their vulnerabilities and develop strategies, plans, and programs to provide for the security of such facilities and resources, and to avoid or minimize disruptions of essential services during any national security emergency; (2) Participate in interagency activities to assess the relative importance of various facilities and resources to essential military and civilian needs and to integrate preparedness and response strategies and procedures; (3) Maintain a capability to assess promptly the effect of attack and other disruptions during national security emergencies. Sec. 205. Federal Benefit, Insurance, and Loan Programs. The head of each Federal department and agency that administers a loan, insurance, or benefit program that relies upon the Federal Government payment system shall coordinate with the Secretary of the Treasury in developing plans for the continuation or restoration, to the extent feasible, of such programs in national security emergencies.


Sec. 206. Research. The Director of the Office of Science and Technology Policy and the heads of Federal departments and agencies having significant research and development programs shall advise the National Security Council of scientific and technological developments that should be considered in national security emergency preparedness planning. Sec. 207. Redelegation. The head of each Federal department and agency is hereby authorized, to the extent otherwise permitted by law, to redelegate the functions assigned by this Order, and to authorize successive redelegations to organizations, officers, or employees within that department or agency. Sec. 208. Transfer of Functions. Recommendations for interagency transfer of any emergency preparedness function assigned under this Order or for assignment of any new emergency preparedness function shall be coordinated with all affected Federal departments and agencies before submission to the National Security Council. Sec. 209. Retention of Existing Authority. Nothing in this Order shall be deemed to derogate from assignments of functions to any Federal department or agency or officer thereof made by law. Part 3--Department of Agriculture Sec. 301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Agriculture shall: (1) Develop plans to provide for the continuation of agricultural production, food processing, storage, and distribution through the wholesale level in national security emergencies, and to provide for the domestic distribution of seed, feed, fertilizer, and farm equipment to agricultural producers; (2) Develop plans to provide food and agricultural products to meet international responsibilities in national security emergencies; (3) Develop plans and procedures for administration and use of Commodity Credit Corporation inventories of food and fiber resources in national security emergencies; (4) Develop plans for the use of resources under the jurisdiction of the Secretary of Agriculture and, in cooperation with the Secretaries of Commerce, Defense, and the Interior, the Board of Directors of the Tennessee Valley Authority, and the heads of other government entities, plan for the national security emergency management, production, and processing of forest products; (5) Develop, in coordination with the Secretary of Defense, plans and programs for water to be used in agricultural production and food processing in national security emergencies; (6) In cooperation with Federal, State, and local agencies, develop plans for a national program relating to the prevention and control of fires in rural areas of the United States caused by the effects of enemy attack or other national security emergencies; (7) Develop plans to help provide the Nation's farmers with production resources, including national security emergency financing capabilities;
(8) Develop plans, in consonance with those of the Department of Health and Human Services, the Department of the Interior, and the Environmental Protection Agency, for national security emergency agricultural health services and forestry, including: (a) Diagnosis and control or eradication of diseases, pests, or hazardous agents (biological, chemical, or radiological) against animals, crops, timber, or products thereof; (b) Protection, treatment, and handling of livestock and poultry, or products thereof, that have been exposed to or affected by hazardous agents; (c) Use and handling of crops, agricultural commodities, timber, and agricultural lands that have been exposed to or affected by hazardous agents; and (d) Assuring the safety and wholesomeness, and minimizing losses from hazards, of animals and animal products and agricultural commodities and products subject to continuous inspection by the Department of Agriculture or owned by the Commodity Credit Corporation or by the Department of Agriculture; (9) In consultation with the Secretary of State and the Director of the Federal Emergency Management Agency, represent the United States in agriculture-related international civil emergency preparedness planning and related activities. Sec. 302. Support Responsibility. The Secretary shall assist the Secretary of Defense in formulating and carrying out plans for stockpiling ritical agricultural materials.

 of Agriculture strategic and c Part 4--Department of Commerce Sec. 401. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Commerce shall:
(1) Develop control systems for priorities, allocation, production, and distribution of materials and other resources that will be available to support both national defense and essential civilian programs in a national security emergency; (2) In cooperation with the Secretary of Defense and other departments and agencies, identify those industrial products and facilities that are essential to mobilization readiness, national defense, or post-attack survival and recovery; (3) In cooperation with the Secretary of Defense and other Federal departments and agencies, analyze potential effects of national security emergencies on actual production capability, taking into account the entire production complex, including shortages of resources, and develop preparedness measures to strengthen capabilities for production increases in national security emergencies; (4) In cooperation with the Secretary of Defense, perform industry analyses to assess capabilities of the commercial industrial base to support the national defense, and develop policy alternatives to improve the international competitiveness of specific domestic industries and their abilities to meet defense program needs; (5) In cooperation with the Secretary of the Treasury, develop plans for providing emergency assistance to the private sector through direct or participation loans for the financing of production facilities and equipment; (6) In cooperation with the Secretaries of State, Defense, Transportation, and the Treasury, prepare plans to regulate and control exports and imports in national security emergencies; (7) Provide for the collection and reporting of census information on human and economic resources, and maintain a capability to conduct emergency surveys to provide information on the status of these resources as required for national security purposes; (8) Develop overall plans and programs to ensure that the fishing industry continues to produce and process essential protein in national security emergencies; (9) Develop plans to provide meteorological, hydrologic, marine weather, geodetic, hydrographic, climatic, seismic, and oceanographic data and services to Federal, State, and local agencies, as appropriate; (10) In coordination with the Secretary of State and the Director of the Federal Emergency Management Agency, represent the United States in industry-related international (NATO and allied) civil emergency preparedness planning and related activities. Sec. 402. Support Responsibilities. The Secretary of Commerce shall: (1) Assist the Secretary of Defense in formulating and carrying out plans for stockpiling strategic and critical materials; (2) Support the Secretary of Agriculture in planning for the national security management, production, and processing of forest and fishery products;
(3) Assist, in consultation with the Secretaries of State and Defense, the Secretary of the Treasury in the formulation and execution of economic measures affecting other nations. Part 5--Department of Defense Sec. 501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Defense shall: (1) Ensure military preparedness and readiness to respond to national security emergencies; (2) In coordination with the Secretary of Commerce, develop, with industry, government, and the private sector, reliable capabilities for the rapid increase of defense production to include industrial resources required for that production; (3) Develop and maintain, in cooperation with the heads of other departments and agencies, national security emergency plans, programs, and mechanisms to ensure effective mutual support between and among the military, civil government, and the private sector; (4) Develop and maintain damage assessment capabilities and assist the Director of the Federal Emergency Management Agency and the heads of other departments and agencies in developing and maintaining capabilities to assess attack damage and to estimate the effects of potential attack on the Nation;
(5) Arrange, through agreements with the heads of other Federal departments and agencies, for the transfer of certain Federal resources to the jurisdiction and/or operational control of the Department of Defense in national security emergencies;
(6) Acting through the Secretary of the Army, develop, with the concurrence of the heads of all affected departments and agencies, overall plans for the management, control, and allocation of all usable waters from all sources within the jurisdiction of the United States. This includes: (a) Coordination of national security emergency water resource planning at the national, regional, State, and local levels; (b) Development of plans to assure emergency provision of water from public works projects under the jurisdiction of the Secretary of the Army to public water supply utilities and critical defense production facilities during national security emergencies; (c) Development of plans to assure emergency operation of waterways and harbors; and (d) Development of plans to assure the provision of potable water; (7) In consultation with the Secretaries of State and Energy, the Director of the Federal Emergency Management Agency, and others, as required, develop plans and capabilities for identifying, analyzing, mitigating, and responding to hazards related to nuclear weapons, materials, and devices; and maintain liaison, as appropriate, with the Secretary of Energy and the Members of the Nuclear Regulatory Commission to ensure the continuity of nuclear weapons production and the appropriate allocation of scarce resources, including the recapture of special nuclear materials from Nuclear Regulatory Commission licensees when appropriate; (8) Coordinate with the Administrator of the National Aeronautics and Space Adminstration and the Secretary of Energy, as appropriate, to prepare for the use, maintenance, and development of technologically advanced aerospace and aeronautical-related systems, equipment, and methodologies applicable to national security emergencies; (9) Develop, in coordination with the Secretary of Labor, the Directors of the Selective Service System, the Office of Personnel Management, and the Federal Emergency Management Agency, plans and systems to ensure that the Nation's human resources are available to meet essential military and civilian needs in national security emergencies; (10) Develop national security emergency operational procedures, and coordinate with the Secretary of Housing and Urban Development with respect to residential property, for the control, acquisition, leasing, assignment and priority of occupancy of real property within the jurisdiction of the Department of Defense; (11) Review the priorities and allocations systems developed by other departments and agencies to ensure that they meet Department of Defense needs in a national security emergency; and develop and maintain the Department of Defense programs necessary for effective utilization of all priorities and allocations systems; (12) Develop, in coordination with the Attorney General of the United States, specific procedures by which military assistance to civilian law enforcement authorities may be requested, considered, and provided; (13) In cooperation with the Secretary of Commerce and other departments and agencies, identify those industrial products and facilities that are essential to mobilization readiness, national defense, or post-attack survival and recovery; (14) In cooperation with the Secretary of Commerce and other Federal departments and agencies, analyze potential effects of national security emergencies on actual production capability, taking into account the entire production complex, including shortages of resources, and develop preparedness measures to strengthen capabilities for production increases in national security emergencies; (15) With the assistance of the heads of other Federal departments and agencies, provide management direction for the stockpiling of strategic and critical materials, conduct storage, maintenance, and quality assurance operations for the stockpile of strategic and critical materials, and formulate plans, programs, and reports relating to the stockpiling of strategic and critical materials. Sec. 502. Support Responsibilities. The Secretary of Defense shall: (1) Advise and assist the heads of other Federal departments and agencies in the development of plans and programs to support national mobilization. This includes providing, as appropriate: (a) Military requirements, prioritized and time-phased to the extent possible, for selected end-items and supporting services, materials, and components;
(b) Recommendations for use of financial incentives and other methods to improve defense production as provided by law; and (c) Recommendations for export and import policies; (2) Advise and assist the Secretary of State and the heads of other Federal departments and agencies, as appropriate, in planning for the protection, evacuation, and repatriation of United States citizens in threatened areas overseas; (3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appropriate, in the development of plans to restore community facilities; (4) Support the Secretary of Energy in international liaison activities pertaining to nuclear materials facilities; (5) In consultation with the Secretaries of State and Commerce, assist the Secretary of the Treasury in the formulation and execution of economic measures that affect other nations; (6) Support the Secretary of State and the heads of other Federal departments and agencies as appropriate in the formulation and implementation of foreign policy, and the negotiation of contingency and postemergency plans, intergovernmental agreements, and arrangements with allies and friendly nations, which affect national security; (7) Coordinate with the Director of the Federal Emergency Management Agency the development of plans for mutual civil-military support during national security emergencies; (8) Develop plans to support the Secretary of Labor in providing education and training to overcome shortages of critical skills. Part 6--Department of Education Sec. 601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Education shall: (1) Assist school systems in developing their plans to provide for the earliest possible resumption of activities following national security emergencies; (2) Develop plans to provide assistance, including efforts to meet shortages of critical educational personnel, to local educational agencies; (3) Develop plans, in coordination with the Director of the Federal Emergency Management Agency, for dissemination of emergency preparedness instructional material through educational institutions and the media during national security emergencies. Sec. 602. Support responsibilities. The Secretary of Education shall: (1) Develop plans to support the Secretary of Labor in providing education and training to overcome shortages of critical skills; (2) Support the Secretary of Health and Human Services in the development of human services educational and training materials, including self-help program materials for use by human service organizations and professional schools.

Part 7--Department of Energy Sec. 701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Energy shall: (1) Conduct national security emergency preparedness planning, including capabilities development, and administer operational programs for all energy resources, including: (a) Providing information, in cooperation with Federal, State, and energy industry officials, on energy supply and demand conditions and on the requirements for and the availability of materials and services critical to energy supply systems; (b) In coordination with appropriate departments and agencies and in consultation with the energy industry, develop implementation plans and operational systems for priorities and allocation of all energy resource requirements for national defense and essential civilian needs to assure national security emergency preparedness; (c) Developing, in consultation with the Board of Directors of the Tennessee Valley Authority, plans necessary for the integration of its power system into the national supply system; (2) Identify energy facilities essential to the mobilization, deployment, and sustainment of resources to support the national security and national welfare, and develop energy supply and demand strategies to ensure continued provision of minimum essential services in national security emergencies;
(3) In coordination with the Secretary of Defense, ensure continuity of nuclear weapons production consistent with national security requirements; (4) Assure the security of nuclear materials, nuclear weapons, or devices in the custody of the Department of Energy, as well as the security of all other Department of Energy programs and facilities;
(5) In consultation with the Secretaries of State and Defense and the Director of the Federal Emergency Management Agency, conduct appropriate international liaison activities pertaining to matters within the jurisdiction of the Department of Energy; (6) In consultation with the Secretaries of State and Defense, the Director of the Federal Emergency Management Agency, the Members of the Nuclear Regulatory Commission, and others, as required, develop plans and capabilities for identification, analysis, damage assessment, and mitigation of hazards from nuclear weapons, materials, and devices; (7) Coordinate with the Secretary of Transportation in the planning and management of transportation resources involved in the bulk movement of energy; (8) At the request of or with the concurrence of the Nuclear Regulatory Commission and in consultation with the Secretary of Defense, recapture special nuclear materials from Nuclear Regulatory Commission licensees where necessary to assure the use, preservation, or safeguarding of such material for the common defense and security; (9) Develop national security emergency operational procedures for the control, utilization, acquisition, leasing, assignment, and priority of occupancy of real property within the jurisdiction of the Department of Energy; (10) Manage all emergency planning and response activities pertaining to Department of Energy nuclear facilities. Sec. 702. Support Responsibilities. The Secretary of Energy shall: (1) Provide advice and assistance, in coordination with appropriate agencies, to Federal, State, and local officials and private sector organizations to assess the radiological impact associated with national security emergencies; (2) Coordinate with the Secretaries of Defense and the Interior regarding the operation of hydroelectric projects to assure maximum energy output; (3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appropriate, in the development of plans to restore community facilities; (4) Coordinate with the Secretary of Agriculture regarding the emergency preparedness of the rural electric supply systems throughout the Nation and the assignment of emergency preparedness responsibilities to the Rural Electrification Administration. Part 8--Department of Health and Human Services Sec. 801. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Health and Human Services shall:
(1) Develop national plans and programs to mobilize the health industry and health resources for the provision of health, mental health, and medical services in national security emergencies; (2) Promote the development of State and local plans and programs for provision of health, mental health, and medical services in national security emergencies; (3) Develop national plans to set priorities and allocate health, mental health, and medical services' resources among civilian and military claimants; (4) Develop health and medical survival information programs and a nationwide program to train health and mental health professionals and paraprofessionals in special knowledge and skills that would be useful in national security emergencies; (5) Develop programs to reduce or eliminate adverse health and mental health effects produced by hazardous agents (biological, chemical, or radiological), and, in coordination with appropriate Federal agencies, develop programs to minimize property and environmental damage associated with national security emergencies; (6) Develop guidelines that will assure reasonable and prudent standards of purity and/or safety in the manufacture and distribution of food, drugs, biological products, medical devices, food additives, and radiological products in national security emergencies;
(7) Develop national plans for assisting State and local governments in rehabilitation of persons injured or disabled during national security emergencies; (8) Develop plans and procedures to assist State and local governments in the provision of emergency human services, including lodging, feeding, clothing, registration and inquiry, social services, family reunification and mortuary services and interment;
(9) Develop, in coordination with the Secretary of Education, human services educational and training materials for use by human service organizations and professional schools; and develop and distribute, in coordination with the Director of the Federal Emergency Management Agency, civil defense information relative to emergency human services; (10) Develop plans and procedures, in coordination with the heads of Federal departments and agencies, for assistance to United States citizens or others evacuated from overseas areas. Sec. 802. Support Responsibility. The Secretary of Health and Human Services shall support the Secretary of Agriculture in the development of plans related to national security emergency agricultural health services. Part 9--Department of Housing and Urban Development Sec. 901. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Housing and Urban Development shall: (1) Develop plans for provision and management of housing in national security emergencies, including: (a) Providing temporary housing using Federal financing and other arrangements; (b) Providing for radiation protection by encouraging voluntary construction of shelters and voluntary use of cost-efficient design and construction techniques to maximize population protection; (2) Develop plans, in cooperation with the heads of other Federal departments and agencies and State and local governments, to restore community facilities, including electrical power, potable water, and sewage disposal facilities, damaged in national security emergencies. Part 10--Department of the Interior Sec. 1001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of the Interior shall: (1) Develop programs and encourage the exploration, development, and mining of strategic and critical and other nonfuel minerals for national security emergency purposes; (2) Provide guidance to mining industries in the development of plans and programs to ensure continuity of production during national security emergencies; (3) Develop and implement plans for the management, control, allocation, and use of public land under the jurisdiction of the Department of the Interior in national security emergencies and coordinate land emergency planning at the Federal, State, and local levels. Sec. 1002. Support Responsibilities. The Secretary of the Interior shall:
(1) Assist the Secretary of Defense in formulating and carrying out plans for stockpiling strategic and critical minerals; (2) Cooperate with the Secretary of Commerce in the identification and evaluation of facilities essential for national security emergencies; (3) Support the Secretary of Agriculture in planning for the national security management, production, and processing of forest products. Part 11--Department of Justice Sec. 1101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Attorney General of the United States shall: (1) Provide legal advice to the President and the heads of Federal departments and agencies and their successors regarding national security emergency powers, plans, and authorities; (2) Coordinate Federal Government domestic law enforcement activities related to national security emergency preparedness, including Federal law enforcement liaison with, and assistance to, State and local governments; (3) Coordinate contingency planning for national security emergency law enforcement activities that are beyond the capabilities of State and local agencies;
(4) Develop national security emergency plans for regulation of immigration, regulation of nationals of enemy countries, and plans to implement laws for the control of persons entering or leaving the United States;
(5) Develop plans and procedures for the custody and protection of prisoners and the use of Federal penal and correctional institutions and resources during national security emergencies; (6) Provide information and assistance to the Federal Judicial branch and the Federal Legislative branch concerning law enforcement, continuity of government, and the exercise of legal authority during National security emergencies; (7) Develop intergovernmental and interagency law enforcement plans and counterterrorism programs to interdict and respond to terrorism incidents in the United States that may result in a national security emergency or that occur during such an emergency; (8) Develop intergovernmental and interagency law enforcement plans to respond to civil disturbances that may result in a national security emergency or that occur during such an emergency. Sec. 1102. Support Responsibilities. The Attorney General of the United States shall: (1) Assist the heads of Federal departments and agencies, State and local governments, and the private sector in the development of plans to physically protect essential resources and facilities; (2) Support the Secretaries of State and the Treasury in plans for the protection of international organizations and foreign diplomatic, consular, and other official personnel, property, and other assets within the jurisdiction of the United States; (3) Support the Secretary of the Treasury in developing plans to control the movement of property entering and leaving the United States; (4) Support the heads of other Federal departments and agencies and State and local governments in developing programs and plans for identifying fatalities and reuniting families in national security emergencies; (5) Support the intelligence community in the planning of its counterintelligence and counterterrorism programs. Part 12--Department of Labor Sec. 1201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Labor shall: (1) Develop plans and issue guidance to ensure effective use of civilian workforce resources during national security emergencies. Such plans shall include, but not necessarily be limited to: (a) Priorities and allocations, recruitment, referral, training, employment stabilization including appeals procedures, use assessment, and determination of critical skill categories; and (b) Programs for increasing the availability of critical workforce skills and occupations; (2) In consultation with the Secretary of the Treasury, develop plans and procedures for wage, salary, and benefit costs stabilization during national security emergencies;
(3) Develop plans and procedures for protecting and providing incentives for the civilian labor force during national security emergencies; (4) In consultation with other appropriate government agencies and private entities, develop plans and procedures for effective labor-management relations during national security emergencies. Sec. 1202. Support Responsibilities. The Secretary of Labor shall: (1) Support planning by the Secretary of Defense and the private sector for the provision of human resources to critical defense industries during national security emergencies; (2) Support planning by the Secretary of Defense and the Director of Selective Service for the institution of conscription in national security emergencies. Part 13--Department of State Sec. 1301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of State shall: (1) Provide overall foreign policy coordination in the formulation and execution of continuity of government and other national security emergency preparedness activities that affect foreign relations;
(2) Prepare to carry out Department of State responsibilities in the conduct of the foreign relations of the United States during national security emergencies, under the direction of the President and in consultation with the heads of other appropriate Federal departments and agencies, including, but not limited to: (a) Formulation and implementation of foreign policy and negotiation regarding contingency and postemergency plans, intergovernmental agreements, and arrangements with United States' allies;
(b) Formulation, negotiation, and execution of policy affecting the relationships of the United States with neutral states; (c) Formulation and execution of political strategy toward hostile or enemy states; (d) Conduct of mutual assistance activities; (e) Provision of foreign assistance, including continuous supervision and general direction of authorized economic and military assistance programs; (f) Protection or evacuation of United States citizens and nationals abroad and safeguarding their property abroad, in consultation with the Secretaries of Defense and Health and Human Services; (g) Protection of international organizations and foreign diplomatic, consular, and other official personnel and property, or other assets, in the United States, in coordination with the Attorney General and the Secretary of the Treasury; (h) Formulation of policies and provisions for assistance to displaced persons and refugees abroad; (i) Maintenance of diplomatic and consular representation abroad; and (j) Reporting of and advising on conditions overseas that bear upon national security emergencies. Sec. 1302. Support Responsibilities. The Secretary of State shall: (1) Assist appropriate agencies in developing planning assumptions concerning accessibility of foreign sources of supply; (2) Support the Secretary of the Treasury, in consultation, as appropriate, with the Secretaries of Commerce and Defense, in the formulation and execution of economic measures with respect to other nations; (3) Support the Secretary of Energy in international liaison activities pertaining to nuclear materials facilities; (4) Support the Director of the Federal Emergency Management Agency in the coordination and integration of United States policy regarding the formulation and implementation of civil emergency resources and preparedness planning; (5) Assist the Attorney General of the United States in the formulation of national security emergency plans for the control of persons entering or leaving the United States. Part 14--Department of Transportation Sec. 1401. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Transportation shall: (1) Develop plans to promulgate and manage overall national policies, programs, procedures, and systems to meet essential civil and military transportation needs in national security emergencies; (2) Be prepared to provide direction to all modes of civil transportation in national security emergencies, including air, surface, water, pipelines, and public storage and warehousing, to the extent such responsibility is vested in the Secretary of Transportation. This direction may include: (a) Implementation of priorities for all transportation resource requirements for service, equipment, facilities, and systems; (b) Allocation of transportation resource capacity; and (c) Emergency management and control of civil transportation resources and systems, including privately owned automobiles, urban mass transit, intermodal transportation systems, the National Railroad Passenger Corporation and the St. Lawrence Seaway Development Corporation; (3) Develop plans to provide for the smooth transition of the Coast Guard as a service to the Department of the Navy during national security emergencies. These plans shall be compatible with the Department of Defense planning systems, especially in the areas of port security and military readiness;
(4) In coordination with the Secretary of State and the Director of the Federal Emergency Management Agency, represent the United States in transportation-related international (including NATO and allied) civil emergency preparedness planning and related activities; (5) Coordinate with State and local highway agencies in the management of all Federal, State, city, local, and other highways, roads, streets, bridges, tunnels, and publicly owned highway maintenance equipment to assure efficient and safe use of road space during national security emergencies;
(6) Develop plans and procedures in consultation with appropriate agency officials for maritime and port safety, law enforcement, and security over, upon, and under the high seas and waters subject to the jurisdiction of the United States to assure operational readiness for national security emergency functions;
(7) Develop plans for the emergency operation of U.S. ports and facilities, use of shipping resources (U.S.

and others), provision of government war risks insurance, and emergency construction of merchant ships for military and civil use; (8) Develop plans for emergency management and control of the National Airspace System, including provision of war risk insurance and for transfer of the Federal Aviation Administration, in the event of war, to the Department of Defense; (9) Coordinate the Interstate Commerce Commission's development of plans and preparedness programs for the reduction of vulnerability, maintenance, restoration, and operation of privately owned railroads, motor carriers, inland waterway transportation systems, and public storage facilities and services in national security emergencies. Sec. 1402. Support Responsibility. The Secretary of Transportation shall coordinate with the Secretary of Energy in the planning and management of transportation resources involved in the bulk movement of energy materials. Part 15--Department of the Treasury Sec. 1501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of the Treasury shall: (1) Develop plans to maintain stable economic conditions and a market economy during national security emergencies; emphasize measures to minimize inflation and disruptions; and, minimize reliance on direct controls of the monetary, credit, and financial systems. These plans will include provisions for: (a) Increasing capabilities to minimize economic dislocations by carrying out appropriate fiscal, monetary, and regulatory policies and reducing susceptibility to manipulated economic pressures; (b) Providing the Federal Government with efficient and equitable financing sources and payment mechanisms; (c) Providing fiscal authorities with adequate legal authority to meet resource requirements; (d) Developing, in consultation with the Board of Governors of the Federal Reserve System, and in cooperation with the Board of Directors of the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, the National Credit Union Administration Board, the Farm Credit Administration Board and other financial institutions, plans for the continued or resumed operation and liquidity of banks, savings and loans, credit unions, and farm credit institutions, measures for the reestablishment of evidence of assets or liabilities, and provisions for currency withdrawals and deposit insurance; (2) Provide for the protection of United States financial resources including currency and coin production and redemption facilities, Federal check disbursement facilities, and precious monetary metals; (3) Provide for the preservation of, and facilitate emergency operations of, public and private financial institution systems, and provide for their restoration during or after national security emergencies; (4) Provide, in coordination with the Secretary of State, for participation in bilateral and multilateral financial arrangements with foreign governments; (5) Maintain the Federal Government accounting and financial reporting system in national security emergencies; (6) Develop plans to protect the President, the Vice President, other officers in the order of presidential succession, and other persons designated by the President; (7) Develop plans for restoration of the economy following an attack; for the development of emergency monetary, credit, and Federal benefit payment programs of those Federal departments and agencies that have responsibilities dependent on the policies or capabilities of the Department of the Treasury; and for the implementation of national policy on sharing war losses; (8) Develop plans for initiating tax changes, waiving regulations, and, in conjunction with the Secretary of Commerce or other guaranteeing agency, granting or guaranteeing loans for the expansion of industrial capacity, the development of technological processes, or the production or acquisition of essential materials; (9) Develop plans, in coordination with the heads of other appropriate Federal departments and agencies, to acquire emergency imports, make foreign barter arrangements, or otherwise provide for essential material from foreign sources using, as appropriate, the resources of the Export-Import Bank or resources available to the Bank; (10) Develop plans for encouraging capital inflow and discouraging the flight of capital from the United States and, in coordination with the Secretary of State, for the seizure and administration of assets of enemy aliens during national security emergencies;
(11) Develop plans, in consultation with the heads of appropriate Federal departments and agencies, to regulate financial and commercial transactions with other countries; (12) Develop plans, in coordination with the Secretary of Commerce and the Attorney General of the United States, to control the movement of property entering or leaving the United States; (13) Cooperate and consult with the Chairman of the Securities and Exchange Commission, the Chairman of the Federal Reserve Board, the Chairman of the Commodities Futures Trading Commission in the development of emergency financial control plans and regulations for trading of stocks and commodities, and in the development of plans for the maintenance and restoration of stable and orderly markets; (14) Develop plans, in coordination with the Secretary of State, for the formulation and execution of economic measures with respect to other nations in national security emergencies. Sec. 1502. Support Responsibilities. The Secretary of the Treasury shall: (1) Cooperate with the Attorney General of the United States on law enforcement activities, including the control of people entering and leaving the United States; (2) Support the Secretary of Labor in developing plans and procedures for wage, salary, and benefit costs stabilization; (3) Support the Secretary of State in plans for the protection of international organizations and foreign diplomatic, consular, and other official personnel and property or other assets in the United States. Part 16--Environmental Protection Agency Sec. 1601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of the Environmental Protection Agency shall: (1) Develop Federal plans and foster development of State and local plans designed to prevent or minimize the ecological impact of hazardous agents (biological, chemical, or radiological) introduced into the environment in national security emergencies; (2) Develop, for national security emergencies, guidance on acceptable emergency levels of nuclear radiation, assist in determining acceptable emergency levels of biological agents, and help to provide detection and identification of chemical agents; (3) Develop, in coordination with the Secretary of Defense, plans to assure the provision of potable water supplies to meet community needs under national security emergency conditions, including claimancy for materials and equipment for public water systems. Sec. 1602. Support Responsibilities. The Administrator of the Environmental Protection Agency shall: (1) Assist the heads of other Federal agencies that are responsible for developing plans for the detection, reporting, assessment, protection against, and reduction of effects of hazardous agents introduced into the environment; (2) Advise the heads of Federal departments and agencies regarding procedures for assuring compliance with environmental restrictions and for expeditious review of requests for essential waivers. Part 17--Federal Emergency Management Agency Sec. 1701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the Federal Emergency Management Agency shall: (1) Coordinate and support the initiation, development, and implementation of national security emergency preparedness programs and plans among Federal departments and agencies; (2) Coordinate the development and implementation of plans for the operation and continuity of essential domestic emergency functions of the Federal Government during national security emergencies; (3) Coordinate the development of plans, in cooperation with the Secretary of Defense, for mutual civilmilitary support during national security emergencies; (4) Guide and assist State and local governments and private sector organizations in achieving preparedness for national security emergencies, including development of plans and procedures for assuring continuity of government, and support planning for prompt and coordinated Federal assistance to States and localities in responding to national security emergencies; (5) Provide the President a periodic assessment of Federal, State, and local capabilities to respond to national security emergencies;
(6) Coordinate the implementation of policies and programs for efficient mobilization of Federal, State, local, and private sector resources in response to national security emergencies; (7) Develop and coordinate with all appropriate agencies civil defense programs to enhance Federal, State, local, and private sector capabilities for national security emergency crisis management, population protection, and recovery in the event of an attack on the United States; (8) Develop and support public information, education and training programs to assist Federal, State, and local government and private sector entities in planning for and implementing national security emergency preparedness programs; (9) Coordinate among the heads of Federal, State, and local agencies the planning, conduct, and evaluation of national security emergency exercises; (10) With the assistance of the heads of other appropriate Federal departments and agencies, develop and maintain capabilities to assess actual attack damage and residual recovery capabilities as well as capabilities to estimate the effects of potential attacks on the Nation; (11) Provide guidance to the heads of Federal departments and agencies on the appropriate use of defense production authorities, including resource claimancy, in order to improve the capability of industry and infrastructure systems to meet national security emergency needs; (12) Assist the Secretary of State in coordinating the formulation and implementation of United States policy for NATO and other allied civil emergency planning, including the provision of: (a) advice and assistance to the departments and agencies in alliance civil emergency planning matters; (b) support to the United States Mission to NATO in the conduct of day-to-day civil emergency planning activities; and (c) support facilities for NATO Civil Wartime Agencies in cooperation with the Departments of Agriculture, Commerce, Energy, State, and Transportation. Sec. 1702. Support Responsibilities. The Director of the Federal Emergency Management Agency shall: (1) Support the heads of other Federal departments and agencies in preparing plans and programs to discharge their national security emergency preparedness responsibilities, including, but not limited to, such programs as mobilization preparedness, continuity of government planning, and continuance of industry and infrastructure functions essential to national security; (2) Support the Secretary of Energy, the Secretary of Defense, and the Members of the Nuclear Regulatory Commission in developing plans and capabilities for identifying, analyzing, mitigating, and responding to emergencies related to nuclear weapons, materials, and devices, including mobile and fixed nuclear facilities, by providing, inter alia, off-site coordination; (3) Support the Administrator of General Services in efforts to promote a government-wide program with respect to Federal buildings and installations to minimize the effects of attack and establish shelter management organizations. Part 18--General Services Administration Sec. 1801. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of General Services shall: (1) Develop national security emergency plans and procedures for the operation, maintenance, and protection of federally owned and occupied buildings managed by the General Services Administration, and for the construction, alteration, and repair of such buildings; (2) Develop national security emergency operating procedures for the control, acquisition, leasing, assignment, and priority of occupancy of real property by the Federal Government, and by State and local governments acting as agents of the Federal Government, except for the military facilities and facilities with special nuclear materials within the jurisdiction of the Departments of Defense and Energy; (3) Develop national security emergency operational plans and procedures for the use of public utility services (other than telecommunications services) by Federal departments and agencies, except for Department of Energy-operated facilities;
(4) Develop plans and operating procedures of government-wide supply programs to meet the requirements of Federal departments and agencies during national security emergencies; (5) Develop plans and operating procedures for the use, in national security emergencies, of excess and surplus real and personal property by Federal, State, and local governmental entities;
(6) Develop plans, in coordination with the Director of the Federal Emergency Management Agency, with respect to Federal buildings and installations, to minimize the effects of attack and establish shelter management organizations. Sec. 1802. Support Responsibility. The Administrator of General Services shall develop plans to assist Federal departments and agencies in operation and maintenance of essential automated information processing facilities during national security emergencies. Part 19--National Aeronautics and Space Administration Sec. 1901. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of the National Aeronautics and Space Administration shall coordinate with the Secretary of Defense to prepare for the use, maintenance, and development of technologically advanced aerospace and aeronautical-related systems, equipment, and methodologies applicable to national security emergencies. Part 20--National Archives and Records Administration Sec. 2001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Archivist of the United States shall: (1) Develop procedures for publication during national security emergencies of the Federal Register for as broad public dissemination as is practicable of presidential proclamations and Executive orders, Federal administrative regulations, Federal emergency notices and actions, and Acts of Congress; (2) Develop emergency procedures for providing instructions and advice on the handling and preservation of records critical to the operation of the Federal Government in national security emergencies. Part 21--Nuclear Regulatory Commission Sec. 2101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Members of the Nuclear Regulatory Commission shall: (1) Promote the development and maintenance of national security emergency preparedness programs through security and safeguards programs by licensed facilities and activities; (2) Develop plans to suspend any licenses granted by the Commission; to order the operations of any facility licensed under Section 103 or 104; Atomic Energy Act of 1954, as amended (42 U.S.C. 2133 or 2134); to order the entry into any plant or facility in order to recapture special nuclear material as determined under Subsection (3) below; and operate such facilities; (3) Recapture or authorize recapture of special nuclear materials from licensees where necessary to assure the use, preservation, or safeguarding of such materials for the common defense and security, as determined by the Commission or as requested by the Secretary of Energy. Sec. 2102. Support Responsibilities. The Members of the Nuclear Regulatory Commission shall: (1) Assist the Secretary of Energy in assessing damage to Commission-licensed facilities, identifying useable facilities, and estimating the time and actions necessary to restart inoperative facilities; (2) Provide advice and technical assistance to Federal, State, and local officials and private sector organizations regarding radiation hazards and protective actions in national security emergencies. Part 22--Office of Personnel Management Sec. 2201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the Office of Personnel Management shall: (1) Prepare plans to administer the Federal civilian personnel system in national security emergencies, including plans and procedures for the rapid mobilization and reduction of an emergency Federal workforce; (2) Develop national security emergency work force policies for Federal civilian personnel; (3) Develop plans to accommodate the surge of Federal personnel security background and preemployment investigations during national security emergencies.


Sec. 2202. Support Responsibilities. The Director of the Office of Personnel Management shall: (1) Assist the heads of other Federal departments and agencies with personnel management and staffing in national security emergencies, including facilitating transfers between agencies of employees with critical skills;
(2) In consultation with the Secretary of Defense and the Director of Selective Service, develop plans and procedures for a system to control any conscription of Federal civilian employees during national security emergencies. Part 23--Selective Service System Sec. 2301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of Selective Service shall: (1) Develop plans to provide by induction, as authorized by law, personnel that would be required by the armed forces during national security emergencies; (2) Develop plans for implementing an alternative service program. Part 24--Tennessee Valley Authority Sec. 2401. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Board of Directors of the Tennessee Valley Authority shall develop plans and maintain river control operations for the prevention or control of floods affecting the Tennessee River System during national security emergencies. Sec. 2402. Support Responsibilities. The Board of Directors of the Tennessee Valley Authority shall: (1) Assist the Secretary of Energy in the development of plans for the integration of the Tennessee Valley Authority power system into nationwide national security emergency programs; (2) Assist the Secretaries of Defense, Interior, and Transportation and the Chairman of the Interstate Commerce Commission in the development of plans for operation and maintenance of inland waterway transportation in the Tennessee River System during national security emergencies. Part 25--United States Information Agency Sec. 2501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the United States Information Agency shall: (1) Plan for the implementation of information programs to promote an understanding abroad of the status of national security emergencies within the United States; (2) In coordination with the Secretary of State's exercise of telecommunications functions affecting United States diplomatic missions and consular offices overseas, maintain the capability to provide television and simultaneous direct radio broadcasting in major languages to all areas of the world, and the capability to provide wireless file to all United States embassies during national security emergencies.

Sec. 2502. Support Responsibility. The Director of the United States Information Agency shall assist the heads of other Federal departments and agencies in planning for the use of media resources and foreign public information programs during national security emergencies. Part 26--United States Postal Service Sec. 2601. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Postmaster General shall prepare plans and programs to provide essential postal services during national security emergencies. Sec. 2602. Support Responsibilities. The Postmaster General shall: (1) Develop plans to assist the Attorney General of the United States in the registration of nationals of enemy countries residing in the Untied States; (2) Develop plans to assist the Secretary of Health and Human Services in registering displaced persons and families; (3) Develop plans to assist the heads of other Federal departments and agencies in locating and leasing privately owned property for Federal use during national security emergencies.

Part 27--Veterans' Administration1 Sec. 2701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of Veterans' Affairs2 shall: (1) Develop plans for provision of emergency health care services to veteran beneficiaries in Veterans'
Administration medical facilities, to active duty military personnel and, as resources permit, to civilians in communities affected by national security emergencies; (2) Develop plans for mortuary services for eligible veterans, and advise on methods for interment of the dead during national security emergencies. Sec. 2702. Support Responsibilities. The Administrator of Veterans' Affairs shall: (1) Assist the Secretary of Health and Human Services in promoting the development of State and local plans for the provision of medical services in national security emergencies, and develop appropriate plans to support such State and local plans; (2) Assist the Secretary of Health and Human Services in developing national plans to mobilize the health care industry and medical resources during national security emergencies; (3) Assist the Secretary of Health and Human Services in developing national plans to set priorities and allocate medical resources among civilian and military claimants. Part 28--Office of Management and Budget Sec. 2801. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the Office of Management and Budget shall prepare plans and programs to maintain its functions during national security emergencies. In connection with these functions, the Director of the Office of Management and Budget shall: (1) Develop plans to ensure the preparation, clearance, and coordination of proposed Executive orders and proclamations; (2) Prepare plans to ensure the preparation, supervision, and control of the budget and the formulation of the fiscal program of the Government; (3) Develop plans to coordinate and communicate Executive branch views to the Congress regarding legislation and testimony by Executive branch officials; (4) Develop plans for keeping the President informed of the activities of government agencies, continuing the Office of Management and Budget's management functions, and maintaining presidential supervision and direction with respect to legislation and regulations in national security emergencies. Part 29General Sec. 2901. Executive Order Nos. 10421 and 11490, as amended, are hereby revoked. This Order shall be effective immediately. Note: E.O. 12656 was amended by E.O. 13074, February 9, 1998 (with respect to force deployment with respect to evacuation of U.S. citizens in threatened areas overseas)


AMENDMENT(S) EO 13228, Establishing the Office of Homeland Security and the Homeland Security Council, October 8, 2001
Sec. 9. Amendments to Executive Order 12656. Executive Order 12656 of November 18, 1988, as amended, is hereby further amended as follows: (a) Section 101(a) is amended by adding at the end of the fourth sentence: '', except that the Homeland Security Council shall be responsible for administering such policy with respect to terrorist threats and attacks within the United States.''
(b) Section 104(a) is amended by adding at the end: '', except that the Homeland Security Council is the principal forum for consideration of policy relating to terrorist threats and attacks within the United States.''
(c) Section 104(b) is amended by inserting the words ''and the Homeland Security Council'' after the words ''National Security Council.'' (d) The first sentence of section 104(c) is amended by inserting the words ''and the Homeland Security Council'' after the words ''National SecurityCouncil.'' (e) The second sentence of section 104(c) is replaced with the following two sentences: ''Pursuant to such procedures for the organization and management of the National Security Council and Homeland Security Council processes as the President may establish, the Director of the Federal Emergency Management Agency also shall assist in the implementation of and management of those processes as the President may establish. The Director of the Federal Emergency Management Agency also shall assist in the implementation of national security emergency preparedness policy by coordinating with the other Federal departments and agencies and with State and local governments, and by providing periodic reports to the National Security Council and the Homeland Security Council on implementation of national security emergency preparedness policy.'' (f) Section 201(7) is amended by inserting the words ''and the Homeland Security Council'' after the words ''National Security Council.'' (g) Section 206 is amended by inserting the words ''and the Homeland Security Council'' after the words ''National Security Council.'' (h) Section 208 is amended by inserting the words ''or the Homeland Security Council'' after the words ''National Security Council.''
Executive Order 13286, Executive Order Amendment of Executive Orders, and Other Actions, in Connection with the Transfer of Certain Functions to the Secretary of Homeland Security February 28, 2003 Sec. 42. Executive Order 12656 of November 18, 1988 ("Assignment of Emergency Preparedness Responsibilities"), as amended, is further amended by: (a) striking "The Director of the Federal Emergency Management Agency" wherever it appears in sections 104(c) and 1702 and inserting "The Secretary of Homeland Security" in lieu thereof; (b) striking "the Director of the Federal Emergency Management Agency" wherever it appears in sections 104(c), 201(15), 301(9), 401(10), 501(4), 501(7), 502(7), 601(3), 701(5), 801(9), 1302(4), 1401(4), 1701, and 1801(b), and inserting "the Secretary of Homeland Security" in lieu thereof; (c) striking "consistent with current National Security Council guidelines and policies" in section 201(15) and inserting "consistent with current Presidential guidelines and policies" in lieu thereof; (d) striking "Secretary" in section 501(9) and inserting "Secretaries" in lieu thereof; (e) inserting "and Homeland Security" after "Labor" in section 501(9);
(f) striking "and" after "State" in section 701(6) and inserting a comma in lieu thereof; (g) inserting ", and Homeland Security" after "Defense" in section 701(6); (h) striking "the Director of the Federal Emergency Management Agency," in section 701(6); and (i) striking "Federal Emergency Management Agency" in the title of Part 17 and inserting "Department of Homeland Security" in lieu thereof. Without prejudice to subsections (a) through (i) of this section, all responsibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility assigned to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsibility or function is expressly required to be carried out through another official of the Department of Homeland Security or not pursuant to such Act), or intended or required to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security.


APPENDIX **4-12:** ASD MEMO-25MAR2003, IMPLEMENTATION GUIDANCE
REGARDING THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE FOR HOMELAND DEFENSE


See Clamo document database at www.jagcnet.army.mil/clamo

APPENDIX **4-13:** AR 500-50 - CIVIL DISTURBANCES


Headquarters

                                                      *Army Regulation 50050
Department of the Army
Washington, DC

                                                        Effective 1 June 1972
21 April 1972

            EMERGENCY EMPLOYMENT OF ARMY AND OTHER RESOURCES

                              CIVIL DISTURBANCES



By Order of the Secretary of the Army:

W.C. Westmoreland
General, United States Army
Chief of Staff

Official:

Verne L. Bowers
Major General, United States Army
The Adjutant General
_________________________________

History. This publication has been reorganized to make it compatible with the Army electronic publishing database.
No content has been changed.
Summary. This is a complete revision of AR 500-50 and changes are made throughout. Local limited
supplementation of this regulation is permitted but is not required. If supplements are issued, Army Staff agencies and
major Army commands will furnish one copy of each to the Deputy Chief of Staff for Operations and Plans
(HQDA(DAM-ODS) WASH, DC 20310).
Applicability. Not applicable.
Proponent and exception authority. The proponent agency of this regulation is the Deputy Chief of Staff for
Operations and Plans.
Army management control process. Not applicable.
Supplementation. Not applicable.
Suggested Improvements. Users are Invited to send comments and suggested improvements DA Form 2028
(Recom - mended Changes to Publications) direct to HODA (DAM-ODS) WASH DC 20310.
Distribution. Active Army, ARNG, and USAR. To be distributed in accordance with DA Form 12-9 requirements for
AR, Emergency Employment of Army Resources: A (qty rqr block No. 398).

Contents (Listed by paragraph and page number)

Chapter 1
GENERAL, page 1

Scope - 11, page 1 Explanation of terms - 12, page 1 Basic policies - 13, page 1
Training - 14, page 2 Chapter 2 EMPLOYMENT OF FEDERAL ARMED FORCES, page 2
Common types - 21, page 2 Other statutory provisions - 22, page 2 Prerequisites of employment - 23, page 3 Emergency - 24, page 3 Restrictions - 25, page 3 Command authority - 26, page 3 Martial law - 27, page 4 Protection of Federal property - 28, page 4 End of commitment - 29, page 4 Chapter 3 RESPONSIBILITIES, page 5
Department of the Army - 31, page 5 Contingency planning - 32, page 5
Military commander - 33, *page 6*
Training requests - 34, page 6 Chapter 4 FUNDING AND REQUESTS FOR MILITARY RESOURCES, page 6
Funding and reporting - 41, page 6 Military resources - 42, page 7 Loans to State and local governments and law enforcement agencies - 43, page 8
Loans to the National Guard - 44, page 9 Loans to Federal agencies - 45, page 9 Figure List Figure 41: REPORT OF CIVIL DISTURBANCE OPERATIONS COST (US ARMY) (RCS DD-
A(AR)1112), page 10
Figure 41: REPORT OF CIVIL DISTURBANCE OPERATIONS COST (US ARMY) (RCS DD-
A(AR)1112)
Continued, page 11 Figure 41: REPORT OF CIVIL DISTURBANCE OPERATIONS COST (US ARMY) (RCS DD-
A(AR)1112)
Continued, page 12 Figure 42: CIVIL DISTURBANCES REPORT-PROVIDING RESOURCES TO CIVIL AUTHORITIES, ROS DDA(
AR)1112, page 13 Figure 43: LOAN AGREEMENT, page 14 Figure 43: LOAN AGREEMENTContinued, page 15 Figure 43: LOAN AGREEMENTContinued, page 16 Figure 43: LOAN AGREEMENTContinued, page 17 Figure 44: SUBSTITUTE PARAGRAPH 2, page 18 Figure 45: EXHIBIT 1A, page 18 Figure 46: SUBSTITUTE PARAGRAPH 7, page 19 Figure 47: LOAN RECEIPT, *page 20*
Chapter 1
GENERAL 11. Scope This regulation prescribes responsibilities, policy, and guidance for the Department of the Army in planning and operations involving the use of Army resources in the control of actual or anticipated civil disturbances. Basic authority is contained in DOD Directive 3025.12, Employment of Military Resources in the Event of Civil Disturbances. 12. Explanation of terms

a. Civil authorities are those elected and appointed public officials and employees who constitute the governments of the 50 States, District of Columbia, Commonwealth of Puerto Rico, US possessions and territories, and political subdivisions thereof.


b. Civil disturbances are group acts of violence and disorders prejudicial to public law and order within the 50 States, District of Columbia, Commonwealth of Puerto Rico, US possessions and territories, or any political subdivision thereof. The term civil disturbance includes all domestic conditions requiring or likely to require the use of Federal Armed Forces pursuant to the provisions of 10 USC chapter 15.


c. Federal property is property owned, leased, possessed, or occupied by the Federal Government.


d. Federal function is any function, operation, or action, carried out under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof.


e. The Posse Comitatus Act (18 USC 1385) prohibits the use of the Army and Air Force to execute local, State or Federal laws, unless authorized by the Constitution or act of Congress.


f. An objective area is the city or other geographical location where a civil disturbance is occurring or is anticipated, and where Federal Armed Forces are, or may be, employed. 13. Basic policies

a. The protection of life and property and the maintenance of law and order within the territorial jurisdiction of any State are the primary responsibilities of State and local civil authorities. Generally, Federal Armed Form are employed after State and local civil authorities have utilized all of their own forces which are reasonably available for use, and are unable to control the situation, or when the situation if, beyond the capabilities of State or local civil authorities, or when State and local civil authorities will not take appropriate action. Employment of Federal Armed Forces will take place only
(1) under the provisions of this regulation; and

(2) when the Secretary of the Army, pursuant to the orders and policies of the Secretary of Defense and the President, has generally or specifically so ordered, except in cases of emergency (para 2-
4). See paragraph 2-3.


b. The Secretary of the Army has been designated as the Executive Agent for the Department, of Defense in all matters pertaining to the planning for, and deployment and employment of military resources in the event of civil disturbances. The Department of the Army is responsible for coordinating the functions of all the Military Services in this activity for the Executive Agent. The Secretaries of the other Military Services are responsible for providing such assistance as may be requested by the Executive Agent.


c. Requests from civil authorities, the National Guard, and non-DOD Federal agencies for US
Army resources may be honored in accordance with chapter 4. However, requesters should be encouraged to provide sufficient resources of their own to minimize the need for reliance on Army assistance. Availability of such assistance is contingent upon military requirements for the requested resources.


d. Persons not normally subject to military law taken into custody by the military forces incident to the use of armed forces, as contemplated by this regulation, will be transferred, as soon as possible, to the civil authorities. Prior to the establishment and operation of Army detention facilities, the designated task force commander will verify the fact that available Federal, State, and local confinement facilities and personnel can no longer effectively accommodate the number of persons apprehended who are awaiting arraignment and trial by civil jurisdiction. Further, this authority may be exercised only in the event Federal Armed Forces have been employed under the provisions of this regulation and only with the prior approval

of the Chief of Staff, US Army. When the requirement exists for the establishment and operation of Army detention facilities during civil disturbances, the provisions of AR 190-20 will be complied with.

e. Whenever military aid is requested by civil authorities in the event of civil disturbances within
the States of Alaska or Hawaii, the Commonwealth of Puerto Rico, or US possessions and territories, the
commander of the unified command concerned coordinates the provision of such aid as directed by the DOD Executive Agent and consistent with defense priorities.

f. Units and members of the Army Reserve in active Federal service may be employed in civil
disturbance operations in the same manner as other active forces. Units and members of the Army Reserve may be ordered to active duty for this purpose by the President as provided by law. Members of the Army Reserve, with their consent, may be ordered to active duty for civil disturbance operations under the provisions of 10 USC 672.

g. Civil disturbance information on civilian individuals or organizations will not be collected
unless these activities can, in a reasonably direct manner, be related to a distinct threat of civil disturbance
exceeding the law enforcement capabilities of local and State authorities. Collection of such information
will be accomplished only on order of the Department of the Army following authorization by the Secretary or Under Secretary of the Army. (See para 3-1b(6) and 3-1c.) 14. Training
Training of Active Army USAR, and NG forces for civil disturbance operations will be conducted in accordance with current training directives. See paragraph 3-4. Chapter 2 EMPLOYMENT OF FEDERAL ARMED FORCES 21. Common types
In addition to the provisions of the Constitution and other basic legal principles, there are numerous statutes authorizing the employment of Federal Armed Forces in cases of violence, or for other specific purposes, within any State and within the territories of the United States. The possibility of employment under many of these provisions is considered remote, and only those instances where employment is most likely are treated in this paragraph. Additional constitutional and statutory provisions are cited in paragraph 2-2.

a. To aid State civil authorities at the request of the State. Article IV, section 4, of the Constitution
makes it the duty of the Federal Government at the request of the legislature of any State (or of the Governor if the legislature cannot be convened), to protect the State against domestic violence. Congress has enacted legislation authorizing the President to utilize Federal Armed Forces for this purpose. See 10 USC 331, 3500.

b. To enforce Federal authority. Article II, Section 3, of the Constitution makes it the duty of the
President to see that the laws of the United States are faithfully executed. Congress has implemented this provision by providing that whenever the President considers that unlawful obstructions, combinations, or
assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or territory by the ordinary course of judicial proceedings, he may utilize such Federal Armed Forces as he deems necessary to enforce those laws or to suppress the rebellion. See 10 USC 332,3500.

c. To protect the civil rights of citizens within any State. The 14th Amendment of the Constitution
forbids any State to deny equal protection of the laws to any person within its jurisdiction. In implementation of this provision and of Article II, Section 3, mentioned above, Congress has provided that whenever insurrection, civil violence, unlawful combinations, or conspiracies in any State so oppose,
obstruct, or hinder the execution of the laws of the State, and of the United States, as to deprive any of the population of that State of rights, privileges, and immunities named in the Constitution and secured by laws, and the authorities of that State are unable, fail, or refuse to provide such protection, it will be deemed a denial by that State of the equal protection of the laws. Thereupon, it becomes the duty of the President to take such measures, by intervention with Federal Armed Forces, or by other means, as he deems necessary, to suppress such disturbances. See 10 USC 333, 3500. 22. Other statutory provisions

a. Insurrection after intervention (see also para 2-1a, b, and c). See 12 Stat. 257, 284 50 USC
205.


b. Military areas and zones. See 18 USC 1383.


c. Miscellaneous. The President is authorized by statutes to employ, at his discretion, the military forces for the following purposes. (See statutes cited for full text of laws, only the general purposes of which are herein stated):
(1) *Civil rights.* To authorize persons appointed to execute warrants issued to enforce certain law enacted for the safeguarding of civil rights to summon the land and naval forces for assistance. See 36 Stat. 1167,42 USC 1989.

(2) *Indians.* To remove unauthorized persons from lands belonging by treaty to Indian tribes. See
4 Stat. 730,25 USC 180.

(3) *Public lands.* For the preservation and protection of certain public lands and public lands generally. See 3 Stat. 651, 16 USC 593; See 1, act 3 March 1807, 2 Stat. 445; See 5, act 25 February 1885, 23 Stat. 322, 43 USC 1065; See 1, act 6 June 1900, 31 Stat. 618, 16 USC 78; act 30 March 1883, 22 Stat. 627,16 USC 23.

(4) *Offenses against neutrality.* To enforce neutrality by preventing belligerents in foreign wars from using territory of the United States and to prevent the illegal exportation of war material. See See. 14, act 4 March 1909, 35 Stat. 1901, as amended, 22 USC 462; Sec. 4, title II, act 15 June 1917,40 Stat. 225,22 USC 408.

(5) *Customs and public health.* To enforce customs laws of the United States. See 12 Stat. 256, 50
USC 220.

(6) *Quarantine and health laws.* To aid in the execution of quarantine and health laws. See 1 Stat.

619,42 USC 97.

(7) *Guano islands.* To protect the rights of the discoverer of a guano island. See 11 Stat. 120, 48
USC 1418. 23. Prerequisites of employment

a. At the request of a State (para 2-1a). Formal requests by a State for the assistance of Federal Armed Forces must originate with the legislature of the State concerned or with the Governor if the legislature cannot be convened, and should be made to the President. The Attorney General of the United States has been designated by the President to receive and coordinate preliminary requests from States for Federal military assistance under the authority cited in paragraph 2-1a. Should such an application, either formal or preliminary, be presented to a local commander, that commander will request the person making the application to transmit his request to the Attorney General. The commander will also inform the Army Chief of Staff of the fact of the request by the most expeditious means and will include a statement of all material facts known to him (exempt report, para 7-2o, AR 335-15).


b. Presidential proclamation. No employment orders will be issued by the Department of the Army for the purposes indicated in paragraph 2-1a, b, and c until the President directs the Secretary of Defense to take the necessary action. In practice this direction to the Secretary of Defense follows issuance of the proclamation required by law demanding that the insurgents cease and desist from acts of violence and disperse and retire peaceably forthwith. See 10 USC 334. This requirement does not preclude the alerting of forces and, if necessary, the prepositioning of forces by the Executive Agent. However, prepositioning of more than a battalion-sized unit will be undertaken only with the informal approval of the President.


c. Department of the Army approval. Due to the serious political and legal implications of employment of Federal Armed forces, prior Department of the Army approval of any intended employment is required in every case except for purposes Indicated in paragraph 2-8 or action in an emergency as justified under paragraph 2-4. 24. Emergency

a. In cases of sudden and unexpected invasion or civil disturbance, including civil disturbances incident to earthquake, fire, flood, or other public calamity endangering life or Federal property or disrupting Federal functions or the normal processes of government, or other equivalent emergency so imminent as to make it dangerous to await instructions from the Department of the Army requested through the most expeditious means of communications available, an officer of the Active Army in command of troops may take such action, before the receipt of instructions, as the circumstances of the case reasonably justify. However, in view of the availability of rapid communications capabilities, it is unlikely that action under this authority would be justified without prior Department of the Army approval while communications facilities are operating. Such action, without prior authorization, of necessity may be prompt and vigorous but should be designed for the preservation of law and order and the protection of life and property until such time as instructions from higher authority have been received, rather than as an assumption of functions normally performed by the civil authorities. In the event of civil disturbances requiring action before the receipt of instructions, the officer taking such action will report immediately his action, and the circumstances requiring it, to the Director of Military Support (DOMS), Department of the Army (DACS-MSO-W), by the most expeditious means of communication available, in order that appropriate instructions can be issued at the earliest possible time (exempt report, para 7-2o, AR 335-15).


b. Emergency explosive ordnance disposal service and emergency firefighting assistance may be provided in accordance with paragraphs 4-2b(1)(c)1 and 2. Instances of such assistance, which relate to civil disturbances, will be reported in the format shown in figure 4-2. 25. Restrictions

a. Willful violation of the provisions of the Posse Comitatus Act (para 1-2e) is an offense punishable by fine or imprisonment, or both.


b. Federal law prohibits a person in the civil, military, or naval service of the United States from ordering, bringing, keeping, or having under his authority or control any troops or armed men at any place where a general or special elections being held, unless such force is necessary to repel armed enemies of the United States. Violations are punishable by fine or imprisonment, or both, and by disqualification from holding any office of honor, profit, or trust under the United States. See 18 USC 592 and 593. 26. Command authority

a. In the enforcement of the laws, Federal Armed Forces are employed as a part of the military power of the United States and act under the orders of the President as Commander in Chief. When employment of Federal Armed Forces has taken place, the duly designated military commander at the objective area will act to the extent necessary to accomplish his mission. In the accomplishment of his mission, reasonable necessity is the measure of his authority, subject, of course, to instructions he may receive from his superiors.


b. Federal Armed Forces employed in aid of the civil authorities will be, under the command of, and directly responsible to, their military and civilian superiors through the Department of the Army chain of command. They will not be placed under the command of an officer of the State defense forces or of the National Guard not in the Federal service or of any local or State civil official. As directed by the Army Chief of Staff, military commanders will be responsive to authorized Federal civil officials. 27. Martial law It is unlikely that situations requiring the employment of Federal Armed Forms during civil disturbance operations will necessitate the declaration of martial law. When Federal Armed Forces are employed in the event of civil disturbances, their proper role is to support, not supplant civil authority. Martial law depends for its justification upon public necessity. Necessity gives rise to its imposition; necessity justifies its exercise; and necessity limits its duration. The extent of the military force used and the legal propriety of the measures taken, consequently, will depend upon the actual threat to order and public safety, which exists at the time. In most instances, the decision to impose martial law is made by the President, who normally announces his decision, by a proclamation, which usually contains his instructions concerning the exercise of martial law and any limitations thereon. However, the decision to impose martial law may be made by the local commander on the spot, if the circumstances demand immediate action, and time and available communications facilities do ad permit obtaining prior approval from higher authority (para. 2-4). Whether or not a proclamation of martial law exists, it is incumbent upon commanders concerned to weigh every proposed action against the threat to public order and safety so that the necessity therefor may be ascertained. Except in the limited circumstances mentioned in paragraph, 2-4, when conditions requiring the imposition of martial law arise, the military commander at the scene will so inform the Army Chief of Staff, and await instructions (exempt report, para 7-2o, AR 335-15). When Federal Armed Forces have been employed in an objective area in a martial law situation, the population of the affected area will be informed of the rules of conduct and other restrictive measures the military is authorized to enforce. These normally will be announced by proclamation or order and will be given the widest possible publicity by all available media. Federal Armed Forces ordinarily will exercise police powers previously inoperative in the affected area, restore and maintain order, insure the essential mechanics of distribution, transportation, and communications, and initiate necessary relief measures. 28. Protection of Federal property

a. The right of the United States to protect Federal property or functions by intervention with Federal Armed Forces is an accepted principle of our Government. This form of intervention is warranted only where the need for protection exists and the local civil authorities cannot or will not give adequate protection. This right is exercised by executive authority and extends to all Federal property and functions.


b. AR 210-10 recognizes the commander's authority to maintain law and order on a military installation. To maintain law and order and protect his installation and the activities thereon, the commander may take such actions as are reasonably necessary and lawful, including ejection from, or denial of access to, the installation of individuals who threaten a civil disturbance upon or directed against the installation or its activities (see 18 USC 1382). If appropriate, such individuals may also be apprehended or restrained in accordance with AR 600-40.


c. When the commander of a class II installation/activity under the jurisdiction of a major Army command is, reasonably certain that a civil disturbance presents a threat to persons, property, or functions on, his installation/activity which is beyond the combined protection capability of his own and civil law enforcement resources and those of the appropriate major command, the major commander concerned will request support directly from CG CONARC.


d. When the commander of a class II installation/activity under the direct supervision of Headquarters, Department of the Army, is reasonably certain that a civil disturbance presents a threat to persons, property, or function/activity which is beyond the combined protection capability of his own and civil law enforcement resources, lie will request support through appropriate CONUS Army to CG CONARC or MDW to DA, (DACSMSO-W) and advise the appropriate headquarters, Department of the Army, staff agency of such request.


e. Upon receiving requests for assistance from commanders as indicated in c and d above, the CG
CONARC, has authority to employ augmentation forces as required to reinforce the internal security forces of class II installations/ activities. When such action is taken, the CG CONARC, will notify Department of the Army (DACS-AISO-W) through established command channels. If, however, because of its location within an area predominantly under civil rather than military jurisdiction, in the judgment of the major commander(s) involved there may be jurisdictional implications connected with the use of Federal troops to protect a class II installation/activity, no action will be taken until the appropriate major commander requests and receives specific instructions through established command channels from HQDA (DACS- MSO-W).


f. When an installation commander learns that a need for the protection of other Federal property or functions (except class I and class II installations/activities) exists, he will notify HQDA (DACS-MSO- IV) through established command channels. 29. End of commitment The use of Federal Armed Forces for civil disturbance operations should end as soon as the necessity therefor ceases and the normal civil processes can be restored. Determination of the end of the necessity will be made by the Department of the Army after coordination with the Department of Justice. The military, commander will submit his recommendations direct to HQDA (DACS-MSO-W) (exempt report, para 7-2y, AR 335-15). Chapter 3 RESPONSIBILITIES 31. Department of the Army Responsibilities assigned to the Secretary of the Army as DOD Executive Agent are contained in section VII, DOD Directive 3025.12. The following civil disturbance responsibilities are assigned within the Department of the Army:

a. Chief of Staff, US Army.


(1) Exercises, through designated task force commanders, direction of Federal forces employed for
the purpose of civil disturbance operations.
(2) Informs the Secretary of the Army of unusual military resource requirements (actual or
potential) and other significant developments in connection with civil disturbance planning and operations.

b. The Director of Military Support.

(1) Coordinates the functions of all the Military Services when Federal military aid to civil
authority in civil disturbances is required.
(2) Develops policies and procedures for

(a) Calling or ordering to active Federal service

1. The Army National Guard units or members required to carry out the provisions of the
Presidential Executive Order or other appropriate authority.

2. The specific Air National Guard units or members required to carry out the provisions of the
Presidential Executive Order or other appropriate authority.

(b) Providing military resources of the United States Army, consistent with defense priorities,
including

1. The military resources of the Army National Guard called or ordered to active Federal service
under the provisions of (a)1 above.

2. The military resources of the Army Reserve ordered to active duty to carry out the purposes of
this regulation.

(c) The employment of forces that may be required to carry out the purposes of DOD Directive
3025.12.
(3) Develops Department of the Army civil disturbance plans as required.

(4) Develops and establishes command and control facilities for alerting, moving, prepositioning,
and employing Federal Armed Forces for civil disturbance operations.
(5) Provides for communications electronics support for Department of the Army, Federal
agencies, and Army task forces employed in civil disturbance operations.
(6) Receives determination by the Secretary or Under Secretary of the Army that them is a distinct
threat of a civil disturbance beyond the capability of local and State authorities to control, and communicates authorization for employment of Army intelligence collection resources to ACSI.
(7) In coordination with appropriate Department of the Army and other Federal agencies, provides
essential planning, operational, logistics, and intelligence data to the National Military Command Center (NMCC) and the Military Service command centers on a timely basis to insure that the National Command Authorities and appropriate Military Service command authorities are adequately informed.
(8) Develops procedures for review and coordination of all DOD components' directives,
instructions, and plans affecting civil disturbance planning and operations to assure conformity with DOD policies and DOD Executive Agent policies.

c. Assistant Chief of Staff for Intelligence. Initiates Department of the Army orders for activation
of Army intelligence resources in civil disturbance situations when informed by the Director of Military
Support of authorization by the Secretary or Under Secretary of the Army. 32. Contingency planning

a. Commanders of major US Army commands and activities within the 50 States, District of
Columbia, Commonwealth of Puerto Rico, and US possessions and territories, and National Guard State Adjutants General will develop and maintain appropriate civil disturbance plans.

b. The Department of the Army and subordinate commanders will, upon request of the State
Adjutant General, advise and assist the National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia in planning for civil disturbance operations. In connection with contingency planning, CONUS Army commanders will advise State Adjutants General of Department of the Army operations plans and supporting CONUS Army and task force plans. Direct coordination of planning between CONUS Army commanders and State Adjutants General is authorized. 33. Military commander

a. In case of employment of Federal Armed Forces, the task force commander will cooperate with
and assist, to the fullest extent possible, the Governor and other State and local authorities and forces, unless or until such cooperation interferes with the accomplishment of his mission.

b. The task force commander will accept and, if reasonably possible within the framework of his orders, comply with requests for assistance received from duly constituted civil authorities. Even though the task force commander may direct subordinate elements of his command to assist designated civil authorities or police officials, military personnel will not be placed under the command of civilians, but will be commanded and controlled by their military superiors through the chain of command. This requirement does not preclude the establishment of joint patrols and jointly manned fixed posts.


c. In carrying out his duties, the military commander will insure that only the minimum necessary force is used to restore order. He will observe the policies outlined in his instructions and the provisions of Field Manual 19-15, Civil Disturbances. The commander will insure positive control over loading and firing of weapons. 34. Training requests The Department of Justice is responsible for Federal efforts directed toward improving and evaluating the capabilities of local civil law enforcement authorities to deal with civil disturbances. The Department of the Army will assist this effort by providing limited training assistance through the Department of Justice when requested by civil law enforcement authorities. Such requests will not be approved at the local level, but will be referred to the nearest United States Attorney, Department of Justice. Chapter 4 FUNDING AND REQUESTS FOR MILITARY RESOURCES 41. Funding and reporting

a. Funding. Participation of Federal Armed Forces in civil disturbance operations is an unprogramed emergency requirement. Therefore, costs incurred by the Army as a result of operations under the Department of the Army Civil Disturbance Plan will be financed as prescribed below
(1) Resources employed under Army direction.


(a) Employment of Active Army forces. Unless specified as reimbursable in the Army directive, expenses incurred in connection with a civil disturbance will be financed as follows:

1. Cost for travel and transportation (except commercial or Military Airlift Command airlift), communications, supplies, and other operating costs will be financed from funds, which are normally used for such purposes of the command sponsoring the movement of troops, and/or providing the Governmentowned transportation.


2. Cost for commercial or MAC airlift incurred in the movement of troops (including troops of other Services) will be funded by CON ARC under the Secretary of the Army's responsibility as DOD Executive Agent.


3. Cost of military pay, allowances, subsistence and other costs to military personnel appropriations of military personnel on active duty will be financed in the normal manner.


(b) Employment of Army Reserve units ordered to active duty. The policies prescribed in (a)1 and
2 above also apply to Army Reserve units. When the President determines that it is necessary to increase the number of Army personnel on active duty beyond the number for which funds are provided in current Army appropriations, the cost of such increased Army military personnel is authorized as an excepted expense in accordance with the provisions of 34 Stat. 255, 41 USC 11 (section III, AR 37-20).

(2) *Resources employed without Department of the Army direction.* When Army expenditures are required for the immediate employment of Army resources required in cam of sudden and unexpected civil disturbances or other emergencies endangering life or Federal property or disrupting the normal processes of Government, or in protecting life or Federal property or preventing the disruption of Federal activities, such expenses will be chargeable to funds available to the installation or command. The policies prescribed in (1) above apply, except that the use of commercial or MAC airlift will be financed from. funds available to the Military Service, which directed the movement of troops.

(3) *Resources provided to civil authorities.* Loan or sale of Army equipment to civil authorities will be handled as follows:

(a) Loan or disposition of equipment other than sales of surplus Army equipment will be made in accordance with policies established in paragraphs 4-3 through 4-5.


(b) Sales of surplus Army equipment will be made in accordance with, AR 37-108, AR 37-151, and AR 755-1.


b. Reporting. A Report of Civil Disturbance Operations Costs (RCS DD-A(AR) 1112) will be
prepared in accordance with figure 4-1. 42. Military resources
Paragraphs 4-2 through 4-5 provide general guidance in providing US Army resources to State and local governments and law enforcement agencies, National Guard units not in Federal service, and Federal agencies.

a. Classification of resources.

(1) US Army resources are classified in three groups as follows:

(a) Group One. Personnel, arms, ammunition, tank-automotive equipment and aircraft.

(b) Group Two. Riot control agents, concertina wire, and other like military equipment to be
employed in control of civil disturbances which is not included in group one.

(c) Group Three. Firefighting resources (including operating personnel); equipment of a protective
nature (such as masks, helmets, body armor vests), and other equipment not included in groups one or two (such as clothing, communications equipment, searchlights); and the use of Army facilities.
(2) Requests for personnel to be used in a direct law enforcement role are not within the purview
of this section and must be made by the legislature or Governor of a State in accordance with 10 USC 331. Pursuant to the Posse Comitatus Act, US Army operating personnel employed in connection with loaned equipment may not be used in it direct law enforcement role.
(3) Repair parts and POL items are classified according to the group of the equipment for which
the parts of POL are intended.

b. Approval of request.

(1) Requests for US Army resources will be considered for approval as follows:

(a) Requests for group one resources may be granted only with the personal approval of the DOD
Executive Agent or, when designated by him for that purpose, the Under Secretary of the Army.

(b) Requests for group two resources may be granted only with the personal approval of the DOI)
Executive Agent or, when designated by him for that purpose, the Under Secretary of the Army or a task force commander employed at an objective area during a civil disturbance.

(c) Requests for group three resources, may be granted by the Secretary or Under Secretary of the
Army, commanding generals of CONUS Armies and the MDW, and CINC of unified commands outside CONUS.

1. Installation commander, are authorized to provide emergency explosive ordnance disposal
service in accordance with AR 75-14 and AR 75-15.

2. Where installation fire departments have mutual aid agreements with nearby civil communities,
the installation commander is authorized to provide emergency civilian or mixed civilian/military firefighting assistance. In the absence of a mutual aid agreement and when in the best interest of the United States, a commander with group three approval authority is authorized to provide emergency civilian or mixed civilian/ military assistance in extinguishing fires and in preserving life or property from fire, within
the vicinity of an installation. In either case, civilian firefighters, may be used provided:

a. In civil disturbance situations where there is significant danger of physical harm to firefighters,
the civilian employees volunteer for the assignment. (Department of the Army civilian employees acting in this volunteer capacity are acting as Federal employees.)

b. Firefighting equipment is not to be used for riot control.

c. Civil authorities recognize that prior to the employment of Federal forces to assist in restoring
law and order, the protection of firefighting crews and equipment is the responsibility in ascending order, of municipal, county, and State officials. Failure on the part of such authorities to recognize this responsibility and/or to provide adequate protection will be grounds for refusal to employ installation resources or for withdrawal of resources already employed. This requirement in no way infringes upon the right of the individual to use necessary force to protect himself from violent attack.

(2) Requests for groups one, two, or three resources, and for renewal of outstanding loans, may be
denied at any level in the chain of command down to and including commanders delegated group three approval authority.
(3) Commanders having initial approval authority may grant, for good cause shown, a single
extension's an outstanding loan. Extensions of type I loans (c(l) below) will be for a maximum of 15 days.
Extensions of type II loans (c(2) below) will be for a maximum term of 90 days. Further extensions will be approved only at military departmental level.


c. Categories of loan. Loans are categorized by type, contingent upon the duration of the loan period.


(1) *Type I.* To meet an urgent need during an actual disorder. Loans of this type will be for the duration of the disorder, tip to a maximum term of 15 days, renewable only as provided in b(3) above.

(2) *Type II.* To meet a need in anticipation of an imminent threatened civil disorder. Such loans may be granted to a civil authority when a binding purchase contract has been executed to procure resources substantially similar to the military property requested and there is substantial lead time before delivery. Loans of this type will be for the duration of the procurement period tip to a maximum term of 90 days, renewable. only as provided in b(3) above. The fact that a civil authority has submitted a purchase request for DOD surplus military equipment is not considered a binding purchase contract without assurance from the Defense Logistics Services Center that the items for which the purchase request in made can be delivered to the civil authority within a 90-day Period. See DOD Instruction 4160.23.


d. Reports. Civil Disturbances Report-Providing Resources to Civil Authorities, RCS DDA(AR)
1112 (fig. 4-2).

(1) Reports of all requests for Army resources (approved, denied, or pending) will be prepared by the appropriate approving authorities, using the format shown in figure 4-2, and forwarded through channels as follows:

(a) To Department of the Army (DACSMSO-W) in the case of requests received in CONUS.


(b) To Department of the Army (DACSMSO-W) with information copies to Joint Chiefs of Staff in the case of requests received by organizations or installations outside CONUS over which the commanders of unified commands exercise command authority.

(2) The DOMS Watch Team will transmit information copies of all approved requests for groups one and two resources to the DOD General Counsel and the Deputy Attorney General of the United States.

(3) A weekly summary will be compiled by DOMS from reports submitted by the Services and other DOD agencies, showing action taken (approved, denied, or pending) and submitted to the Deputy Attorney General; General Counsel, Department of Defense, Assistant Secretary of Defense (Installations and Logistics); Under Secretary of the Army; and the General Counsel, Department of the Army. Negative summary reports are required. 43. Loans to State and local governments and law enforcement agencies

a. Policy. As a temporary emergency measure, US Army resources under the control of the Department of the Army may be loaned to State and local governmental bodies and law enforcement agencies for use during civil disturbance operations.


b. Processing of requests. Requests from officials of the 50 States,* the Commonwealth of Puerto Rico, and US possessions and territories, or any political subdivision thereof, for military resources for use in connection with civil disturbances will be promptly forwarded through channels to the appropriate approving authority (commanders of unified commands will coordinate such requests originating from are outside CONUS) using the format shown in figure, except as noted below
Note. *For loan purposes, the District of Columbia will be governed by paragraph 4-5. Loan to the government of the District of Columbia will be governed by this paragraph.


(1) Requests for resources that require DOD Executive Agent approval will be forwarded through channels to Department of the Army (DACS-MSO-W).

(2) Requests for group three resources not available to commanders having approval authority will be forwarded through channels to Department of the Army (DACS-MSO-W). Intermediate commands will, as appropriate, approve and make available the requested resources.

(3) Requests received by personnel of Defense agencies will be referred to local military commanders for processing.

(4) Requests will be forwarded and processed in keeping with the degree of urgency dictated by the situation.

(5) Requests from civil law enforcement agencies for training assistance, related to the control of civil disturbances will not be approved at the local level. Such requests should be referred to the nearest United States Attorney, Department of Justice.


c. Loan agreements. Written agreements will be executed concurrently with all loans of US Army property to civil authorities.


(1) Loan agreements will include provisions for a fidelity bond in the amount of the total current
item price of the loaded property.

(a) The fidelity bond will be ( generally governed by the provisions of Part 2 of Sec. X, ASPR,
and will consist of properly executed Standard Form 25 (Performance bond) or certified bank check, or
cash or negotiable US bonds deposited with the Treasurer of the United States. The fidelity bond need not be posted by the borrowing agency itself; so long as the bond is valid, the source or originating agency is immaterial. For example, in order to secure a loan, a State may post bond on behalf of a city, county, or other governmental body or authority within the State.

(b) In an extreme emergency, when the requirement of posting bond would unduly delay approval
of a valid request for loan of military property involving a total current item price of $1,000 or less, a commander having approval authority under paragraph 4-2b may approve the request on the condition that bond be posted within a reasonable time not to exceed five day. Absolute waiver of the requirement to post bond will be granted only by the Secretary of the Army or his designee.

(c) Bond will be forfeited on account of failure to return loaned property only with the
concurrence of the DOD Executive Agent. Requests for authority to forfeit bond will be transmitted to Department of the Amy (DACSMSO-W) who will refer them to the proper authorities for action.
(2) A sample loan agreement is provided at figure 4-3.

(a) This format is for type I loans. For type II loans, the format is modified by substituting
paragraph 2, figure 4-4 and adding exhibit IA, figure 4-5.
(b) When a cash deposit is used in lieu of a properly executed Standard Form 25, Performance
Bond, this format is modified by substituting paragraph 7, figure 4-6.

(c) Modifications of the loan agreement format, except as authorized in this regulation, will be
made only with the approval of the Under Secretary of the Army or his designee. 44. Loans to the National Guard

a. Policy.

(1) Commanders having group three approval authority under paragraph 4-2b are authorized to
approve requests for the loan of Army resources, less personnel, regardless of classification under paragraph 4-2a, of Active and Reserve forces to the National Guard of a State or the District of Columbia for use of its units in an active duty status in anticipation of or during civil disturbances. Firefighting and explosive ordnance disposal support may be provided, as a complete resource. to include personnel.
(2) Loans of Army resources will be approved, if possible, when the National Guard is authorized
such resources and the Department of the Army is unable to provide them on a permanent basis. The National Guard of the several States, the Commonwealth of Puerto Rico, find the District of Columbia will be responsible for reimbursement of costs over and above normal Department of the Army operating expenses incurred in connection with loaned Department of the Army equipment. Guidance contained in paragraph 6, figure 4-3 pertaining to loans to civil authorities is also applicable to reimbursement by the National Guard.

(3) Military property-issued or loaned to the National Guard may not be farther loaned in
connection with civil disturbances without approval of the National Guard Bureau and the DOD Executive Agent. Requests to do so will be forwarded to Department of the Army (DACSMSO-W).

b. Processing of request. Requests for US Army resources received from the National Guard will
be promptly submitted through channels to the appropriate approving authority using the format shown in figure 4-2, except as noted below:
(1) Requests for resources that require DOD Executive Agent approval will be forwarded through
channels to Department of the Army (DACS-MSO-W).
(2) Requests for resources not available to commanders having group three-approval authority will
be forwarded through channels to Department of the Army (DACS-MSO-W). Intermediate commands will, as appropriate, approve and make available the requested resources.
(3) Requests for equipment, which involves operating personnel, excluding firefighting and
explosive ordnance disposal, will be processed as a group one Army resource.

c. Loan receipt. The Receiving State will receipt for loaned Army property by completing the
format shown at figure 4-7. 45. Loans to Federal agencies

a. Policy.


(1) Commanders having group three approval authority under paragraph 4-2b are authorized to approve requests for the loan of group three military resources, less personnel, of Active and Reserve forces to non-DOD Federal agencies in anticipation of or during civil disturbances. Firefighting and explosive ordnance disposal support may be provided as a complete resource, including personnel.


(2) As required by 31 USC 686, Federal agencies will be responsible for reimbursement of costs in addition to normal Department of the Army operating expenses which are incurred in connection with loaned property. Reimbursement will be in accordance with AR 700-49 and DSAR 4140.27, except that Federal agencies shall not be required to make any payment on account of fair wear or tear or normal depreciation of any of the property.

(3) Army property loaned to Federal agencies may not be further loaned without the approval of the director of the requesting agency and the DOD Executive Agent. Requests to do so will be forwarded to Department of the Army (DACSMSO-W).

(4) Loans to the US Secret Service will be in accordance with AR 1-4.


b. Proceming of request. Requests for US Army resources received from Federal agencies will be promptly submitted through channels to the appropriate approving authority using the format shown in figure 4-2, except as noted Wow:
(1) Requests for resources that require DOD Executive Agent approval will be forwarded through channels to Department of the Army (DACS-MSO-W).

(2) Requests for resources not available to commanders having group three-approval authority will be forwarded through channels to Department of the Army (DACS-MSO-W). Intermediate commands will, as appropriate, approve and make available the request resources.

(3) Requests for equipment, which involve operating personnel excluding firefighting and explosive ordnance disposal, will be processed as for a Group One Army resource.


c. Loan agreements. Written agreements will be executed concurrently with all loans of Army property to Federal agencies in connection with civil disturbances.

(1) Neither fidelity bonds nor binding purchase contracts are required.


(2) A sample loan agreement is provided at figure 4-3. The words "Federal agencies" will be substituted for "civil authority." Other modifications to suit the sample format for use by Federal agencies may be made as necessary.


insurance requirements
Borrower
Loan or lease
Surety bond
agreement
required
See note (1)
No
No
Yes ( 5 , 6 )
Army or other DOD activities
Yes
No
No
Yes
Non-DOD Federal department and agencies
Yes
Yes ( 2 )
Yes (2)
Yes ( 7 )
Civil authorities (State and local governments
Yes
Yes
Yes
Yes (7)
Civilian activities
(veteran's organizations, youth groups, etc.) Commercial Corporations  Yes
Yes ( 3 )
Yes ( 4 )
Yes (7)

## Notes: 1. A Hand Receipt Or Other Document Assigning Responsibility Will Suffice For Retail Activities. A Loan Agreement Will Be Required For Material On Loan From Wholesale Activities.

2. In emergency disaster relief cases, bonds and insurance will be provided within 5 days after receipt of the materiel. 3. This applies when the Federal Acquisition Regulation (FAR) Part 45 and subparts are not applicable. 4. The requirement for a surety bond or insurance may be waived if one or the other is in effect. 5. For radioactive commodities, existing Army Commodity Licenses may cover the requirement. Contact the item manager for details.

Radioactive
required
material license (as
Vehicular
insurance
required
applicable)

6. For other DOD organizations, the service or agency license will probably cover the requirement. The DOD (recipient) representative must coordinate the license information. 7. An NRC license or a license from an NRC approved "Agreement State" will satisfy the requirement.


| Loan period/           | Requester               | Category of                             |
|------------------------|-------------------------|-----------------------------------------|
| equipment              | extension               |                                         |
| Authorized             |                         |                                         |
| recipients             |                         |                                         |
| (                      | para 2-11               | )                                       |
| Wholesale (Army        |                         |                                         |
| Working Capital Fund)  |                         |                                         |
| loans (nonexpendable   |                         |                                         |
| items)                 |                         |                                         |
| 120                    |                         |                                         |
| days/none (1-          |                         |                                         |
| year repair            |                         |                                         |
| program -              |                         |                                         |
| other                  |                         |                                         |
| Services)              |                         |                                         |
| As required            | SARD-SA                 | ASA (ALT)                               |
| developmental major    |                         |                                         |
| items                  |                         |                                         |
| MACOM owned            | 1 year/none             | Installation                            |
| commander              |                         |                                         |
| Army and other         |                         |                                         |
| DOD activities         |                         |                                         |
| (RDT&E)                |                         |                                         |
|                        | ARNG owned              | 1 year/none                             |
|                        | USAR owned              | 1 year/none                             |
| 2                      |                         |                                         |
| years/2years           |                         |                                         |
|                        | Historical property (to |                                         |
| include military art,  |                         |                                         |
| arms, combat/ tactical |                         |                                         |
| vehicles, vessels and  |                         |                                         |
| aircraft)              |                         |                                         |
|                        | Prime Power Program     | 1 year/1 year HQDA (ZCM)  Asst Chief of |
|                        | Floating plant          | As negotiated Water resource            |
|                        | COMSEC                  | 1 year/none                             |
| 1 year/1 year AMC MSC  | HQAMC                   |                                         |
| (AMCOPS-SLA)           |                         |                                         |
|                        | Wholesale equipment     |                                         |
| (no readiness/DAMPL    |                         |                                         |
| impact)                |                         |                                         |
| 1 year/none            | AMC MSC                 | HQDA ODCS,                              |
| (readiness/DAMPL       |                         |                                         |
| impact)                |                         |                                         |
| 2 years/none  AMC MSC  | HQAMC                   |                                         |
| (AMCOPS-SLA)           |                         |                                         |
| Wholesale equipment    |                         |                                         |
| (no readiness/DAMPL    |                         |                                         |
| impact)                |                         |                                         |
| Army RDT&E             |                         |                                         |
| activities; or Army    |                         |                                         |
| procurement            |                         |                                         |
| agencies for use by    |                         |                                         |
| contractor personnel   |                         |                                         |
| or Government          |                         |                                         |
| contractor             |                         |                                         |
| 2 years/none  AMC MSC  | HQDA ODCS, G-4          |                                         |
| (DALO-SMP)             |                         |                                         |
|                        | Wholesale equipment     |                                         |
| (readiness/DAMPL       |                         |                                         |
| impact)                |                         |                                         |
Action office  Approval authority
AMC MSC
HQAMC (AMCOPS-SLA)
DAMH-MD
Chief, CMH Engineers
support center
Asst Chief of Engineers
|                            | Prime Power Program     | 1 year/1 year HQDA           |
|----------------------------|-------------------------|------------------------------|
|                            | Floating plant          | As negotiated Water resource |
|                            | COMSEC                  | 2 years/none  USACSLA        |
| Federal departments        |                         |                              |
| and agencies (non-         |                         |                              |
| DOD)                       |                         |                              |
| As required                | HQDA ODCS,              |                              |
| G-4 (DALO-                 |                         |                              |
| SMP)                       |                         |                              |
| All arms, combat/          |                         |                              |
| tactical vehicles, vessels |                         |                              |
| and aircraft (fielded      |                         |                              |
| equipment)                 |                         |                              |
|                            | Prime Power Program     | 1 year/1 year HQDA           |
|                            | Floating Plant          | As negotiated Water Resource |
| 1 year/1 year AMC MSC      | HQAMC                   |                              |
| (AMCOPS-SLA)               |                         |                              |
|                            | Wholesale equipment     |                              |
| (no readiness/DAMPL        |                         |                              |
| impact), other than        |                         |                              |
| arms, combat/ tactical     |                         |                              |
| vehicles, vessels and      |                         |                              |
| aircraft                   |                         |                              |
| 1 year/none                | AMC MSC                 | HQDA ODCS, G-4               |
| (DALO-SMP)                 |                         |                              |
|                            | Wholesale equipment     |                              |
| (readiness/DAMPL           |                         |                              |
| impact), other than        |                         |                              |
| arms, combat/ tactical     |                         |                              |
| vehicles, vessels and      |                         |                              |
| aircraft                   |                         |                              |
| Over 180                   |                         |                              |
| days                       |                         |                              |
|                            | Medical (other than     |                              |
| combat/tactical            |                         |                              |
| vehicles, vessels and      |                         |                              |
| aircraft)                  |                         |                              |
| Fewer than                 |                         |                              |
| 180 days                   |                         |                              |
|                            | Medical (ARNG           |                              |
| owned, other than          |                         |                              |
| combat/tactical            |                         |                              |
| vehicles, vessels and      |                         |                              |
| aircraft)                  |                         |                              |
| Fewer than                 |                         |                              |
| 180 days                   |                         |                              |
|                            | Medical (MACOM          |                              |
| owned, other than          |                         |                              |
| combat/ tactical           |                         |                              |
| vehicles, vessels and      |                         |                              |
| aircraft)                  |                         |                              |
owned), other than combat/ tactical vehicles, vessels and
(DAEN-ZCM
Asst Chief of Engineers
support center
Asst Chief of
Engineers
ASA (ALT)
(DAEN-ZCM)
Asst Chief of Engineers
Support Center
Asst Chief of Engineers
DASG-LOZ
HQDA (DASG- LOZ)
USFPO
State AG
Installation commander
Commander, U.S. Army Medical Center (MEDCEN)/ Medical Department Activity (MEDDAC) Installation
Fewer than 180 days

MACOM owned (other equipment), except arms, combat/tactical vehicles, vessels and
aircraft
2 years/2 years

Historical property (to include military art, arms, combat/ tactical vehicles, vessels and aircraft)
Fewer than 180 days

USAR owned (other equipment), except arms, combat/tactical vehicles, vessels and aircraft
Fewer than 180 days

ARNG owned (other equipment), except arms, combat/tactical vehicles, vessels and aircraft
As required for exhibition
National Museum
Historical property, to include military art, arms, combat/ tactical vehicles, vessels and aircraft



Activities outside Federal Government:
As required
HQDA (DALO-SMP)
All arms, combat/tactical vehicles, vessels and aircraft (fielded equipment)
State; local government agencies; schools; churches; commercial activities
Over 180 days

Medical (other than combat/tactical
vehicles, vessels and aircraft)
Fewer than 180 days

Medical (MACOM owned), except arms, combat/ tactical vehicles, vessels and aircraft
1 year/ 1 year AMC MSC
HQAMC (AMCOPS-SLA)

Other equipment, wholesale (no readiness/DAMPL impact), except arms, combat/tactical vehicles, vessels and aircraft

Other equipment,
1 year/none
AMC MSC
HQ ODCS, G-4
| Installation     | Installation    |
|------------------|-----------------|
| commander        |                 |
| DAMH-MD          | Chief, CMH      |
| Installation     | USAR MSC        |
| USPFO            | State AG        |
| DAMH-MD          | Chief, CMH      |
| ASA (ALT)        |                 |
| HQDA             |                 |
| (DASG-LOZ)       |                 |
| HQDA (DASG-      |                 |
| LOZ)             |                 |
| MEDCEN           |                 |
| MEDDAC           |                 |
| Installation     |                 |
| commander        |                 |
wholesale (readiness/DAMPL impact), except arms,
combat/tactical,
vehicles, vessels and aircraft
Fewer than 180 days

MACOM owned, except arms, combat/tactical, vehicles, vessels and aircraft
Fewer than 180 days

ARNG owned, except arms, combat/tactical vehicles, vessels and aircraft
Fewer than 180 days

USAR owned, except arms, combat/tactical, vehicles, vessels and aircraft
As required
ASA (ALT)
DASA (DEC
All equipment except prototype and nonstandard equipment
Manufacturers for lease of previously produced materiel for demonstration purposes involving foreign
As required
ASA (ALT)
ASA (ALT)

All prototype and nonstandard equipment All equipment except prototype and nonstandard
As required
HQDA ODCS, G-4 (DALO- SMP)
Manufacturers for lease of previously produced materiel in support of R&D initiatives within the United States
All prototype and nonstandard equipment
As required
HQDA ODCS, G-4 (DALO-
SMP)



Department of Agriculture: U.S. Forest Service  Protection against
wildlife
90 days/90 days

Avalanche control
As required
HQDA ODCS, G-4 (DALO- SMP)
Animal Disease Eradication Program
90 days
HQDA ODCS, G-3 (DAMO- OD)
All equipment except arms, combat/tactical vehicles, vessels and aircraft
DOJ, FBI
Aircraft piracy/all equipment except arms,
Minimum essential
(DALO-SMP)
Installation
Installation
USPFO
State AG
Installation
USAR MSC ASA (ALT) ASA (ALT)
ASA (ALT)
HQDA ODCS, G-3 (DAMO- OD)
ASA (ALT) Operations and Readiness
HQDA ODCS, G-3
DOD General Counsel or designee;
combat/tactical vehicles, vessels and aircraft
Minimum
essential
Department of
Treasury, United
States Secret Service
All equipment except
arms, combat/tactical
vehicles, vessels and aircraft


Civilian law enforcement:
15 days/15 days
Civil disturbances and terrorist activities and planned events with potential for lethal force
All personnel, arms, combat/ tactical vehicles, vessels, and aircraft, even if applicable under other categories
15 days/15 days

Riot control agents, concertina wire, and other equipment to be employed in control of civil disturbances
15 days/15 days

Fire fighting resources and equipment of a protective nature (masks, helmets, body armor, vests) and use of Army facilities
Over 180 days
Other law/drug enforcement activities
Medical, except combat/tactical vehicles, vessels and aircraft
Fewer than
180 days

Medical (MACOM
owned), except combat/tactical vehicles, vessels and aircraft
Fewer than 180 days

Medical (ARNG owned), except, combat/tactical and aircraft
Fewer than 180 days

Medical (USAR owned), except arms, combat/ tactical vehicles, vessels and aircraft

Medical wholesale, except combat/ tactical
Less than 180 days

in urgent cases, Deputy Director for Operations

HQDA ODCS,
G-3

of the Department of Defense Military Assistant to the President

| SECDEF               | HQDA ODCS,    |
|----------------------|---------------|
| G-3 (DAMO-           |               |
| OD) through          |               |
| ASA (ALT)            |               |
| SECDEF               | HQDA          |
| G-3                  | (DAMO-        |
| OD) through          |               |
| ASA (ALT)            |               |
| Installation         | Installation  |
| commander, State     |               |
| AG, Commander        |               |
| Military District of |               |
| Washington/CG        |               |
| Unified Commands     |               |
| outside continental  |               |
| United States        |               |
| (OCONUS)/            |               |
| HQAMC                |               |
| HQDA                 |               |
| (DASG-LOZ)           |               |
| HQDA (DASG-          |               |
| LOZ)                 |               |
| Installation         |               |
| commander            |               |
| Commander            |               |
| (MEDCEN/             |               |
| MEDDAC)              |               |
| USPFO                | State AG      |
| Installation         | USARC MSC     |
| USAMMA               | Commander,    |
| USAMMA               |               |
vehicles, vessels, aircraft
1 year/1 year AMC MSC
HQDA AMC
(AMCOPS-SLA)

Other wholesale
equipment (no
readiness/DAMPL impact), except combat/tactical vehicles, vessels and aircraft
1 year/none
AMC MSC
HQDA ODCS, G-4 (DALO-SMP)

Other wholesale equipment (readiness/DAMPL impact), except combat/ tactical vehicles, vessels and aircraft
Fewer than 180 days

Other equipment (MACOM owned), except arms, combat/ tactical vehicles, vessels and aircraft
Fewer than 180 days

Other equipment (ARNG owned), except arms, combat/tactical vehicles, vessels and aircraft
Fewer than 180 days

Other equipment (USAR owned), except arms, combat/tactical vehicles, vessels and aircraft
Federal law enforcement agencies (only)
Ammunition
As required
HQDA ODCS, G-4 (DALO- SMP/Supply Management Army (SMA)
Red Cross (aid to DOD in time of war)
Administrative and general support
As required
HQDA ODCS, G-4 (DALO- SMP)
Foreign governments
As required, not to exceed 5 years
All equipment, except combat/ tactical vehicles, vessels and aircraft
Youth groups:



MACOM owned
As required for event
Boy and Girl Scouts of America (world or national jamborees); Civil Air Patrol; Camp
| Installation        | Installation    |
|---------------------|-----------------|
| commander           |                 |
| USFPO               | State AG        |
| Installation        | USARC MSC       |
| ASA (ALT)           |                 |
| ASA (ALT)           |                 |
| HQDA ODCS,          |                 |
| G-4 (DALO-          |                 |
| SMP)                |                 |
| Director, Defense   |                 |
| Security Assistance |                 |
| Agency              |                 |
| Installation        | Installation    |
| commander           |                 |
Boy's Club of America; Four-H Clubs; and similar groups

Wholesale
As required
for event

USAR owned
As required for event

ARNG owned
As required for event
Army flying clubs
Aircraft
As negotiated Installation
ASA (ALT), Command General (CG) FORSCOM continental United State (CONUS)
Veterans organizations
Convention assistance (furniture)
15 days/15 days

Furniture (MACOM owned)
15 days/15 days

Furniture (ARNG owned)
15 days/15 days

Burial functions (obsolete rifles)
As required
HQDA ODCS, G-4 (DALO- SMP)
Materiel and supplies
As negotiated HQDA ODCS,
Aid to District of Columbia Government in combating crime
Materiel and supplies
For minimum essential period
Disaster relief: Federal Emergency Management Agency (FEMA)
For rehabilitation reconstruction (bridges,
etc.)
For minimum essential
period when requested by FEMA
USACE District Commander
Flood fighting equipment and supplies
For minimum essential period
Materiel and supplies
For minimum essential period
American National Red Cross in support of local civilian Government disaster relief
For minimum essential period

USAR owned, except arms, combat/tactical vehicles, vessels and aircraft
| AMC MSC      | HQAMC        |
|--------------|--------------|
| Installation | USARC MSC    |
| USFPO        | State AG     |
| Installation | Installation |
| commander    |              |
| Installation | Installation |
| commander    |              |
| USPFO        | State AG     |
| ASA (ALT)    |              |
| ASA (ALT)    |              |
| G-3          | (DAMO-       |
| OD)          |              |
| SECDEF       | HQDA         |
| (DAMO-OD)    |              |
| ASA (ALT)    | HQDA ODCS,   |
| G-4 (DALO-   |              |
| SMP)         |              |
|              | USACE        |
| District     |              |
| Installation | Installation |
| commander    |              |
| Installation | USARC MSC    |
|                            | ARNG-owned, except    |
|----------------------------|-----------------------|
| arms, combat/tactical      |                       |
| and aircraft               |                       |
| For minimum                |                       |
| essential                  |                       |
| period                     |                       |
| Materiel, supplies, and    |                       |
| equipment                  |                       |
| For minimum                |                       |
| essential                  |                       |
| period                     |                       |
| Environmental              |                       |
| Protection Agency          |                       |
| and U.S. Coast             |                       |
| Guard (oil and             |                       |
| petroleum spills)          |                       |
| For minimum                |                       |
| essential                  |                       |
| period                     |                       |
| Environmental              |                       |
| Protection Agency          |                       |
| and U.S. Coast             |                       |
| Guard                      |                       |
| Equipment/supplies,        |                       |
| except arms,               |                       |
| combat/tactical            |                       |
| vehicles, vessels and      |                       |
| aircraft                   |                       |
| Foreign Disaster           |                       |
| Assistance                 |                       |
| For minimum                |                       |
| essential                  |                       |
| period                     |                       |
| Equipment/supplies,        |                       |
| except arms, combat/       |                       |
| tactical vehicles, vessels |                       |
| and aircraft               |                       |
| For minimum                |                       |
| essential                  |                       |
| period                     |                       |
| Civil Defense              | Equipment/supplies,   |
| except arms, combat/       |                       |
| tactical vehicles, vessels |                       |
| and aircraft               |                       |
| 2 year/2 year DAMH-MD      | ASA (ALT)             |
| Similar Activities         |                       |
| Historical arms,           |                       |
| combat/tactical            |                       |
| vehicles, vessels and      |                       |
| aircraft                   |                       |
| 2                          |                       |
| years/2years               |                       |
|                            | Historical property   |
| other than arms,           |                       |
| combat/tactical            |                       |
| vehicles, vessels and      |                       |
| aircraft                   |                       |
|                            | Military art          |
| years/2years               |                       |
| Equipment for              |                       |
| instructional purposes     |                       |
| As negotiated Installation | Installation          |
| commander                  |                       |
| Community                  |                       |
| relations and              |                       |
| domestic action            |                       |
| programs (Youth            |                       |
| Conservation Corps)        |                       |
|                            | ARNG owned            |
|                            | USAR owned            |
| Military                   | As required           |
| (DASG-LOZ)                 |                       |
| Authorized military        |                       |
| health care                |                       |
| recipients                 |                       |
| 1 year/1 year AMC MSC      | AMC MSC               |
| (wholesale equipment/      |                       |
| DAMPL impact)              |                       |
| 1 year/1 year AMC MSC      | ODCS, G-4             |
| wholesale equipment        |                       |
| (readiness/DAMPL           |                       |
| USPFO              | State AG     |
|--------------------|--------------|
| ASA (ALT)          | HQDA ODCS,   |
| G-3 (DAMO-         |              |
| OD)                |              |
| ASD (&L)           | HQDA ODCS,   |
| G-3 (DAMO-         |              |
| OD)                |              |
| ASD (International |              |
| Security Affairs)  |              |
| Through            |              |
| Department of      |              |
| State to HQDA      |              |
| ODCS, G-3          |              |
| (DAMO-OD)          |              |
| Installation       | CG, FORSCOM  |
| DAMH-MD            | Chief, CMH   |
| DAMH-MD            | Chief, CMH   |
| HQDA (DASG-        |              |
| LOZ)               |              |

impact)
The full text of this regulation can be found at:

https://akocomm.us.army.mil/usapa/epubs/xml_pubs/r700_131/head.xml

## Civilian Authorities Appendix **4-15:** Ngr 500-1/Angi 10-8101 - Military Support To Civil Authorities


Source: http://www.ngbpdc.ngb.army.mil/pubfiles/10/108101.pdf


## Appendix **4-16:** Fm 19-15 - Civil Disturbances Https://Www.Jagcnet.Army.Mil/Laawsxxi/Cds.Nsf Appendix **4-17:** Fm 100-19/Fmf 7-10 - Domestic Support Operations No Longer Available At Official Publication Sites. Can Be Found At: Http://Www.Webpal.Org/Webpal/A_Reconstruction/Immediate/Martial_Law/Fm1 00_19.Pdf Appendix **4-18:** Department Of Defense Civil Disturbance Plan (Garden Plot) Appendix **4-19:** Da Pam 27-162, Table 2-1, Claims OfficesConus Active Army Areas Da Pam 27-162 - 8 August 2003

| Area of responsibility                                          | Area claims office         |
|-----------------------------------------------------------------|----------------------------|
| Area No. 1                                                      |                            |
|                                                                 |                            |
| States of Idaho, Oregon, Washington, Montana                    | Fort Lewis, WA Office code |
| 011                                                             |                            |
| Madigan Army Medical Center,                                    |                            |
| WA Office code 012                                              |                            |
| Area No. 2                                                      |                            |
|                                                                 |                            |
| State of Californialess counties assigned to Fort Irwin. State |                            |
| of Nevadaless Clark County                                     |                            |
| Presidio of Monterey,CA                                         |                            |
| Office code 031                                                 |                            |
| Sharp Army Depot,CA Office                                      |                            |
| code 032 MTMC Western Area                                      |                            |
| Office code 023                                                 |                            |
| Area No. 3                                                      |                            |
|                                                                 |                            |
| Fort Irwin, CA Office code 041                                  |                            |
|                                                                 |                            |
| State of Californiathe following counties: Imperial, Kern,     |                            |
| River-side, San Bernardino, San Diego                           |                            |
| State of Nevadathe following county: Clark                     |                            |
|                                                                 |                            |
| Area No. 4                                                      |                            |
|                                                                 |                            |
| State of Arizona                                                |                            |
| Fort Huachuca, AZ Office code                                   |                            |
| 051                                                             |                            |
| Yuma Proving Ground, AZ                                         |                            |
| Office code 052                                                 |                            |
| Area No. 5                                                      |                            |
|                                                                 |                            |
| Fort Carson,CO Office code                                      |                            |
| 061                                                             |                            |
| Dugway Proving Ground, UT,                                      |                            |
| Office code 062                                                 |                            |
| State of Coloradothe following counties: Alamosa, Archuleta,   |                            |
| Baca, Bent, Chaffee, Cheyenne, Conejos, Costilla, Crowley,      |                            |
| Custer, Delta, Dolores, El Paso, Fremont, Gunnison, Hinsdale,   |                            |
| Huerfano, Kiowa, Kit Carson, Lake, La Plata, Las Animas,        |                            |
| Lincoln, Mesa, Mineral, Montezuma, Montrose, Otero, Park,       |                            |
| Pitkin, Prowers, Pueblo, Quray, Rio Grande, Saguache, San       |                            |
| Juan, San Miguel, Teller                                        |                            |
| State of Utah                                                   |                            |
|                                                                 |                            |
| Area No. 6                                                      |                            |
|                                                                 |                            |
| U.S. Army Garrison                                             |                            |
| Fitzsimons, CO Office code 071                                  |                            |
| Rocky Mountain Arsenal, CO,                                     |                            |
| Office code 072                                                 |                            |

State of Coloradothe following counties: Adams, Arapahoe, Boulder, Clear Creek, Denver, Douglas, Eagle, Elbert, Garfield, Gilpin, Grand, Jackson, Jefferson, Larimer, Logan, Moffat, Morgan, Phillips, Rio Blanco, Routt, Sedgewick, Summit, Washington, Weld, Yuma State of Wyoming


Area No. 7


State of New Mexico
White Sands Missile Range, NM Office Code 081
Area No. 8

Fort Riley, KS Office code 09
State of Kansasthe following counties: Barber, Barton, Butler, Chase, Chautauqua,1 Cheyenne, Clark, Clay, Cloud, Com-manche, Cowley, Decatur, Dickinson, Edwards, Elk, Ellis, Elliswor-th, Finney, Ford, Geary, Gove, Graham, Grant, Gray, Greeley, Greenwood, Hamilton, Harper, Harvey, Haskell, Hodgeman, Jewell, Kearney, Kingman, Kiowa, Lane, Lincoln, Logan, Lyon, Marion, Marshall, McPherson, Meade, Mitchell, Morris, Morton, Ness, Norton, Osbourne, Ottawa, Phillips, Pottawatomie, Pratt, Rawlins, Reno, Republic, Rice, Riley, Rooks, Rush, Russell, Sa-line, Scott, Sedgewick, Sheridan, Sherman, Smith, Stafford, Stan-ton, Stevens, Summer, Thomas, Trego, Wabaunsee, Wallace, Washington, Wichita States of Nebraska, North Dakota, South Dakota

Area No. 9

## Claims OfficesConus Active Army AreasContinued

| Area of responsibility                                          | Area claims office     |
|-----------------------------------------------------------------|------------------------|
| State of Oklahoma                                               | Fort Sill, OK          |
|                                                                 |                        |
|                                                                 |                        |
| Office code 101                                                 |                        |
|                                                                 |                        |
| State of Arkansasthe following counties: Baxter, Benton,       |                        |
| Boone,                                                          |                        |
|                                                                 |                        |
| Carroll, Clark, Cleburne, Conway, Crawford, Faulkner, Franklin, |                        |
|                                                                 |                        |
| Fulton,                                                         |                        |
|                                                                 |                        |
| Garland, Hempstead, Hot Springs, Howard, Independence,          |                        |
| Izard,                                                          |                        |
|                                                                 |                        |
| Johnson, Lawrence, Little River, Logan, Madison, Marion,        |                        |
|                                                                 |                        |
| Montgomery,                                                     |                        |
|                                                                 |                        |
| Nevada, Newton, Perry, Pike, Polk, Pope, Pulaski, Randolph,     |                        |
| Sa-                                                             |                        |
|                                                                 |                        |
| line, Scott,                                                    |                        |
|                                                                 |                        |
| Searcy, Sebastian, Sharp, Siever, Stone, Van Buren,             |                        |
| Washington,                                                     |                        |
|                                                                 |                        |
| Yell                                                            |                        |
|                                                                 |                        |

State of Texasthe following counties: Armstrong, Briscoe, Car-

son, Castro, Childress, Collingsworth, Dallam, Deaf Smith,
Donley,


Gray, Hall, Hansford, Hardeman, Hartley, Hemphill, Hutchinson,

Lipscomb, Moore, Ochiltree, Oldham, Armer, Potter, Randall,

Roberts, Sherman, Swisher, Wheeler


Area No. 10

State of Texasthe following counties: Andrews, Bailey,
Borden,
                                                                  Fort Bliss, TX
                                                                                                    William Beaumont Army Medical

Brewster Cochran, Coke, Concho, Cottle, Crane, Crockett, Cros-
                                                                 Office code 121
                                                                                            Center, TX
by,

                                                                                            Office code 122

Culberson, Dawson, Dickens, Ector, El Paso, Fisher, Floyd,
Foard,


Gaines, Garza, Glasscock, Hale, Haskell, ockley, Howard,

Hudspeth,

Irion, Jeff Davis, Jones, Kent, Kimble, King, Knox, Lamb, Loving,

Lubbock, Lynn, Martin, Menard, Midland, Mitchell, Motley, Nolan,



Pecos,

Presidio, Reagan, Reeves, Runnels, Schleicher, Scurry, Sterling,

Stonewall, Sutton, Taylor, Terrell, Terry, Tom Green, Upton,
Ward,


Winkler, Yoakum


Area No. 11

State of Texasthe following counties: Anderson, Archer,
Baylor,
                                                                  Fort Hood, TX


Bell, Bernet, Bosque, Bosque, Bowie, Brazos, Brown, Burleson,
                                                                  Office code 131

Callahan, Camp, Cherokee, Clay, Coleman, Collin, Commanche,

Cooke, Coryell, Dallas, Delta, Denton, Eastland, Ellis, Erath,
Falls,


Fannin, Franklin, Freestone, Grayson, Grimes, Hamilton,
Hender-


son, Hill, Hood, Hopkins, Houston, Hunt, Jack, Johnson,
Kaufman,


Lamar, Lampasas, Leon, Limestone, Llano, Madison, Mason,

McCulloch, McLennon, Milam, Mills, Montague, Montgomery,
Mor-


ris, Navarro, Palo Pinto, Parker, Polk, Rains, Red River,

Robertson, Rockwall, San Jacinto, San Saba,

Shackleford, Smith, Somervell, Stephens, Tarrant,
Throckmorton,


Titus, Travis, Trinity, Upshur, Van Zandt, Walker, Washington,

Wichita, Wilbarger, Williamson, Wise, Young


Area No. 12

State of Texasthe following counties: Aransas, Atascosa,
Austin,
                                                                  Fort Sam Houston, TX
                                                                                                    Corpus Christi Army Depot, TX Bandera, Bastrop, Bee, Bexar, Blanco, Brazoria, Brooks,
Caldwell,
                                                                  Office code 141
                                                                                             Office code 142

Calhoun, Cameron, Colorado, Comal, De Witt, Dimmit, Duval,
Ed-


wards,

Brooke Army Medical Center, TX
Fayette, Fort Bend, Frio, Galveston, Gillespie, Goliad, Gonzalez,
Office code 143

Guadalupe, Harris, Hays, Hidalgo, Jackson, Jim Hogg, Jim
Wells,


Karnes, Kendall, Kenedy, Kerr, Kinney, Kleberg, LaSalle,
LaVaca,


Lee Live Oak, Matagorda, Maverick, McMullen, Medina, Nueces,

Real,

Refugio, San Patricio, Starr, Uvalde, Val Verde, Victoria, Waller,

Webb, Wharton, Willacy, Wilson, Zapata, Zavala


Area No. 13

| Area of responsibility     | Area claims office     | Claims processing office(s)     |
|----------------------------|------------------------|---------------------------------|

State of Louisiana State of Arkansasthe following counties: Arkansas, Ashley, Bradley, Calhoun, Chicot, Clay, Cleveland, Columbia, Craighead, Crittenden, Cross, Dallas, Desha, Drew, Grant, Greene, Jackson, Jefferson, Lafayette, Lee, Lincoln, Lonoke, Miller, Mississippi, Monroe, Ouachita, Phillips, Poinsett, Prairie, St. Francis, Union, White, Woodruff State of Texasthe following counties: Angelina, Cass, Cham-bers, Gregg, Hardin, Harrison, Jasper, Jefferson, Liberty, Marion, Nacogdoches, Newton, Orange, Panola, Rusk, Sabine, San Augustine, Shelby, Tyler Area No. 14


State of MissouriSt. Louis City and the following counties: Adair, Audrain, Barry, Barton, Bates, Benton, Bollinger, Boone, Butler, Callaway, Camden, Cape, Girardeau, Carter, Cass, Cedar, Chris-tian, Clark, Cole, Cooper, Crawford, Dade, Dallas, Dent, Douglas, Dunklin, Franklin, Gasconade, Greene, Henry, Hickory, Howard, Howell, Iron, Jasper, Jefferson, Johnson, Knox, Laclede, Lawrence, Lewis, Lin-coln, Macon, Madison, Maries, Marion, McDonald, Miller, Mississippi, Moniteau, Monroe, Montgomery, Morgan, New Madrid, Newton, Oregon, Osage, Ozark, Pemiscot, Perry, Pettis, Phelps, Pike, Polk, Pulaski, Ralls, Randolph, Reynolds, Ripley, St. Charles, St. Clair, St. Francois, St. Genevieve, St. Louis, Schuyler, Scotland, Scott, Shannon, Shelby, Stoddard, Stone, Taney, Texas, Vernon, War-ren, Washington, Wayne, Webster, Wright State of Illinoisthe following counties: Adams, Alexander, Bond, Brown, Calhoun, Cass, Clay, Clinton, Edwards, Fayette, Franklin, Gallatin, Greene, Hamilton, Hancock, Hardin, Jackson, Jefferson, Jersey, Johnson, Macoupin, Madison, Marion, Massac, Monroe, Montgomery, Morgan, Perry, Pike, Pope, Pulaski, Randolph, St. Clare, Saline, Schuyler, Scott, Union, Washington, Wayne, White, Williamson *Command terminates 1 October 1997


Area No. 15


State of Kansasthe following counties: Allen, Anderson, Atchison, Bourbon, Brown, Cherokee, Coffey, Crawford, Doniphan, Douglas, Franklin, Jackson, Jefferson, Johnson, Labette, Leavenworth, Linn, Miami, Montgomery, Nemaha, Neosho, Osage, Shawnee, Wilson, Woodson, Wyandotte State of Minnesota


State of Iowa


State of Illinoisless counties assigned to Fort Leonard Wood State of Missourithe following counties: Andrew, Atchison, Buchanan, Caldwell, Carroll, Chariton, Clay, Clinton, Daviess, Dekalb, Gentry, Grundy, Harrison, Holt, Jackson, Lafayette, Linn, Livingston, Mercer, Nodaway, Platte, Putnam, Ray, Saline, Sul-livan, Worth Area No. 16

Fort Polk, LA Office code
151
                             Pine Bluff Arsenal, AR Office code
                             152

Fort Leonard Wood, MO
Office code 161 U.S.
Army Reserve

Components Personnel and
Administration Center, MO Office
code 163



Fort Leavenworth, KS
Office code 171
                           Fort McCoy, WI Office code 172



## Civilian Authorities

| Area of responsibility                                          | Area claims office     | Claims processing office(s)     |
|-----------------------------------------------------------------|------------------------|---------------------------------|
| State of Indiana                                                | Fort Knox, KY          | U.S. Army Tank Automotive       |
|                                                                 |                        |                                 |
| Office code 201                                                 | Command, MI            |                                 |
| State of Michigan                                               |                        |                                 |
|                                                                 |                        |                                 |
| Office code 192                                                 |                        |                                 |
| State of Kentuckyless counties assigned to Fort Campbell       |                        |                                 |
|                                                                 |                        |                                 |
| State of Ohio                                                   |                        |                                 |
|                                                                 |                        |                                 |
| Area No. 17                                                     |                        |                                 |
|                                                                 |                        |                                 |
| State of Kentuckythe following counties: Ballard, Butler,      | Fort Campbell, KY      |                                 |
|                                                                 |                        |                                 |
| Caldwell,                                                       | Office code 211        |                                 |
|                                                                 |                        |                                 |
| Calloway, Carlisle, Christian, Crittenden, Daviess, Fulton,     |                        |                                 |
| Graves,                                                         |                        |                                 |
|                                                                 |                        |                                 |
| Henderson, Hickman, Hopkins, Livingston, Logan, Lyon,           |                        |                                 |
| Marshall,                                                       |                        |                                 |
|                                                                 |                        |                                 |
| McCracken, McLean, Muhlenberg, Ohio, Simpson, Todd, Trigg,      |                        |                                 |
|                                                                 |                        |                                 |
| Union,                                                          |                        |                                 |
|                                                                 |                        |                                 |
| Warren, Webster                                                 |                        |                                 |
|                                                                 |                        |                                 |
| State of Tennesseethe following counties: Bedford, Benton,     |                        |                                 |
|                                                                 |                        |                                 |
| Cannon, Carroll, Cheatham, Chester, Clay, Coffee, Crockett,     |                        |                                 |
|                                                                 |                        |                                 |
| Davidson, Decatur, DeKalb, Dickson, Dyer, Fayette, Fentress,    |                        |                                 |
|                                                                 |                        |                                 |
| Franklin, Gibson, Giles, Grundy, Hardeman, Hardin, Haywood,     |                        |                                 |
|                                                                 |                        |                                 |
| Henderson, Henry, Hickman, Houston, Humphreys, Jackson,         |                        |                                 |
|                                                                 |                        |                                 |
| Lake, Lauderdale, Lawrence, Lewis, Lincoln, Macon, Madison,     |                        |                                 |
|                                                                 |                        |                                 |
| Marion, Marshall, Maury, McNairy, Montgomery, Moore, Obion,     |                        |                                 |
|                                                                 |                        |                                 |
| Overton, Perry, Pickett, Putnam, Robertson, Rutherford, Sequ-   |                        |                                 |
|                                                                 |                        |                                 |
| atchie, Shelby, Smith, Stewart, Summer, Tipton, Trousdale, Van  |                        |                                 |
|                                                                 |                        |                                 |
| Buren, Warren, Wayne, Weakley, White,                           |                        |                                 |
|                                                                 |                        |                                 |
| Williamson, Wilson                                              |                        |                                 |
|                                                                 |                        |                                 |
| Area No. 18                                                     |                        |                                 |
|                                                                 |                        |                                 |
| State of Alabamathe following counties: Colbert, Franklin, Ja- | Redstone Arsenal, AL   | U.S. Army Strategic Defense     |
| ckson, Lauderdale, Lawrence, Limestone, Madison, Marshall,      |                        |                                 |
| Mor-                                                            |                        |                                 |
| Office code 221                                                 | Command, AL            |                                 |
| gan                                                             |                        |                                 |
|                                                                 |                        |                                 |
| Office code 222                                                 |                        |                                 |

Area No. 19


State of Mississippithe following counties: Alcorn, Attala, Ben-
Fort McClellan, AL


ton, Bolivar, Calhoun, Carroll, Chickasaw, Choctaw, Clay,
                                                                    Office code 231

Coahoma, DeSota, Grenada, Holmes, Humphreys, Issaquena,

Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe,

Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss,

Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tippiah,

Tishomingo, Tunica, Union, Washington, Webster, Winston,

Yalobusha

State of Alabamathe following counties: Bibb, Blount,
Calhoun,


Chambers, Cherokee, Clay, Cleburne, Coosa, Cullman, DeKalb,

Etowah, Fayette, Jefferson, Lamar, Marion, Pickens, Randolph,

Saint

Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker


Area No. 20

State of Alabamathe following counties: Autauga, Baldwin,
Bar-
                                                                 Fort Rucker, AL bour, Bullock, Butler, Chilton, Choctaw, Clarke, Coffee,
Conecuh,
                                                                     Office code 241


Covington, Crenshaw, Dale, Dallas, Elmore, Escambia, Geneva,

Greene, Hale, Henry, Houston, Lowndes, Macon, Marengo, Mo-


bile, Monroe, Montgomery, Perry, Pike, Washington, Wilcox

State of Mississippithe following counties: Adams, Amite,

Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, George,

Greene, Hancock, Harrison, Hinds, Jackson, Jasper, Jefferson,

Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence,

Leake, Lincoln, Madison, Marion, Neshoba, Newton, Pearl River,

Perry, Pike, Rankin, Scott, Simpson, Smith, Stone Walthall, War-

ren, Wayne, Wilkinson, Yazoo

State of Floridathe following counties: Bay, Calhoun,
Escambia,


Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton,
Washing-


ton


Area No. 21



| Area of responsibility     |
|----------------------------|
| Fort Benning, GA           |
| Office code 251            |
|                            |

State of Georgiathe following counties: Baker, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Calhoun, Chattahoochee, Clay, Clinch, Colquitt, Cook, Crawford, Crisp, Decatur, Dodge, Dooly, Dougher-ty, Early, Echols, Grady, Harris, Houston, Irwin, Jones, Lamar, Lanier, Lee, Lowndes, Macon, Marion, Meriwether, Miller, Mitchell, Monroe, Muscogee, Peach, Pike, Pulaski, Quitman, Randolph, Schley, Seminole, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Troup, Turner, Twiggs, Upson, Webster, Wilcox, Worth State of Alabamathe following counties: Lee, Russell

State of Floridathe following counties: Columbia, Dixie,
Franklin, Gadsden, Gilchrist, Hamilton, Jefferson, Lafayette,
Leon Liberty, Madison, Suwannee, Taylor, Wakulla


Area No. 22


Fort Stewart, GA Office code 261

State of Georgiathe following counties: Appling, Atkinson, Bacon, Brantley, Bryan, Bulloch, Camden, Candler, Charlton, Chatham, Coffee, Effingham, Evans, Glynn, Jeff Davis, Liberty, Long, McIntosh, Montgomery, Pierce, Tattnall, Telfair, Toombs, Treutlen, Ware, Wayne, Wheeler

State of South Carolinathe following counties: Beaufort, Jasper


State of Floridathe following counties: Alachus, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Dade, DeSoto, Duval, Flager, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Levy, Manatee, Marion, Martin, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Saint Johns, Saint Lucie, Sarasota, Seminole, Sum-ter, Union, Volusia Area No. 23


Fort McPherson, GA Office code 271

State of Georgiathe following counties: Barrow, Bartow, Butts, Carroll, Catoosa, Chattooga, Cherokee, Clayton, Cobb, Coweta, Dada, Daws, DeKalb, Douglas, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Henry, Jas-per, Lumpkin, Murray, Newton, Paulding, Pickens, Polk, Rabun, Rockdale, Spalding, Towns, Union, Walker, Walton, White, Whit-field


State of Tennesseethe following counties: Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Clairborne, Cocke, Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, McMinn, Meigs, Monroe, Mor-gan, Polk, Rhea, Roane, Scott, Sevier, Sullivan, Unicoi, Union, Washington Area No. 24


Fort Gordon, GA Office code 281
State of Georgiathe following counties: Baldwin, Banks, Burke, Clarke, Columbia, Elbert, Emanuel, Franklin, Glascock, Greene, Hancock, Hart, Jackson, Jefferson, Jenkins, Johnson, Laurens, Lincoln, Madison, McDuffie, Morgan, Oconee, Oglethorpe, Putnam, Richmond, Screvens, Stephens, Taliaferro, Warren, Washington, Wilkes, Wilkinson

State of North Carolinathe following counties: Buncombe, Cher-okee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, Polk, Swain, Transylvania
State of South Carolinathe following counties: Abbeville, Aiken, Allendale, Anderson, Barnwell, Edgefield, Greenville, Greenwood, Hampton, Laurens, McCormick, Oconee, Pickens, Saluda, Spar-tanburg



| Area of responsibility                                             | Area claims office     |
|--------------------------------------------------------------------|------------------------|
| Area No. 25                                                        |                        |
|                                                                    |                        |
| Fort Jackson, SC Office code                                       |                        |
| 291                                                                |                        |
|                                                                    |                        |
| State of South Carolinathe following counties: Bamberg,           |                        |
| Berke-ley, Calhoun, Charleston, Cherokee, Chester,                 |                        |
| Chesterfield, Clarendon, Colleton, Darlington, Dillon, Dorchester, |                        |
| Fairfield, Florence, Georgetown, Horry, Kershaw, Lancaster,        |                        |
| Lee, Lexington, Marion, Marlboro, Newberry, Orangeburg,            |                        |
| Richland, Sumter, Union, Williamsburg, York                        |                        |



State of North Carolinathe following counties: Alexander, Alleghany, Anson, Ashe, Avery, Burke, Cabarrus, Caldwell, Catawba, Cleveland, Davie, Gaston, Iredell, Lincoln, McDowell, Mecklen-burg, Mitchell, Rowan, Rutherford, Stanly, Surry, Unions, Watauga, Wilkes, Yadkin, Yancey Area No. 26

Fort Bragg, NC Office code 301
Womack Army Medical Center Office Code 302

State of North Carolinathe following counties: Alamance, Beaufort, Bertie, Bladen, Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Davidson, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gates, Granville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenior, Martin, Montgomery, Moore, Nash, New Hanover, Northhampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Randolph, Richmond, Robeson, Ro-ckingham, Sampson, Scotland, Stokes, Tyrrell, Vance, Wake, Warren, Washington, Wayne, Wilson
Area No. 27


Fort Lee, VA Office code 311
The Judge Advocate General School, VA Office code 312
State of Virginialess areas assigned to Military District of Washington, Fort Belvoir, and Fort Eustis State of West Virginialess areas assigned to Fort Belvoir Area No. 28

Fort Eustis, VA Office code 321
Fort Monroe, VA Office code 322

State of Virginia-the following counties: Accomack, Isle of Wight, James City, Nansemond, Northampton, Southhampton, Surry, Sussex, York The following independent cities: Charles City, Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, Williamsburg Area No. 29

Fort Belvoir, VA Office code 331

State of Virginiathe following counties: Caroline, Clarke, Culpeper, Fauquier, Frederick, Greene, Loudoun, Madison, Orange, Page, Prince William, Rappahannock, Rockingham, Shenandoah, Stafford, Warren State of West Virginiathe following counties: Berkely, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan, Pendleton


Area No. 30


Military District of Washington, DC Office code 341
District of Columbia State of Virginiathe following counties: Arlington, Fairfax Independent cities of: Alexandria, Fairfax, Falls Church New York City Long Island State of New Jerseythe following counties: Bergen, Essex, Hud-son, Passaic, Union
U.S. Army Materiel Command, VA Office code 343 Walter Reed Army Medical Cen-ter, DC Office code 344 Fort Hamilton, NY Office code 391
Area No. 31
| Area of responsibility     | Area claims office     | Claims processing office(s)     |
|----------------------------|------------------------|---------------------------------|



State of Marylandless counties assigned to Aberdeen Proving Ground
Fort Meade, MD Office code 351
Fort Detrick, MD Office code 352
State of Pennsylvanialess counties assigned to Fort Dix

Fort Ritchie, MD Office code 353


Carlisle Barracks, PA Office code 354
Area No. 32


Aberdeen Proving Ground, MD Office code 361

State of Marylandthe following counties: Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne's, Somerset, Talbot, Wicomico, Worcester State of Delaware

Area No. 33


Fort Dix, NJ Office code
371


State of New Jerseythe following counties: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, Salem

States of Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

Fort Devens, MA Office code 372

State of Pennsylvaniathe following counties: Berks, Bradford, Bucks, Carbon, Chester, Columbia, Delaware, Lackawanna, Lehigh, Luzerne, Monroe, Montgomery, Northampton, Philadelphia, Pike, Schuylkill, Sullivan, Susquehanna, Wayne, Wyoming

Area No. 34


Fort Monmouth, NJ Office code 381


State of New Jerseythe following counties: Hunterdon, Mercer, Middlesex, Monmouth, Morris, Somerset, Sussex, Warren

Area No. 35 [Reserved]


Area No. 36


U.S. Military Academy NY, Office code 401
Watervliet Arsenal, NY Office code 402
State of ConnecticutAffirmative claims including the states of: Massachusettts, Rhode Island and the following counties in New Jersey: Bergen, Passaic, Essex


State of New Yorkthe following counties: Albany, Columbia, Del-aware, Dutchess, Fulton, Greene, Montgomery, Orange, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Sul-livan, Ulster, Warren, Washington, Westchester
Area No. 37


All of New York not assigned to the U.S. Military Academy and Military District of Washington
Fort Drum, NY Office Code 421

Area No. 38


Alaska
Fort Richardson, AK Office code 431
Fort Wainwright, AK Office code 432


Fort Greely, AK Office code 433
Area No. 39


New JerseyBayonne (personnel claims only) North Carolina- Brunswick County
MTMC, Eastern Area Bayonne, NJ Office code 441
Area No. 40


Puerto Rico and Virgin Islands
Fort Buchanan, PR Office code 451
Area No. 41

| Area of responsibility                                         |
|----------------------------------------------------------------|
| 25th Infantry Div (L) and U. S. Army Hawaii Office code P05    |
| State of Hawaii and the following possessions or territories: |
| American Samoa, Baker Island, Guam, Howland Island, Jarvis     |
| Is-land, Johnson Island, Kingman Reef, Midway Atoll, Northern  |
| Mariana Islands, Palmyra, Wake Atoll,                          |

ArmySingle-Service, Responsibility per DODD, 5515.8 Marshall Islands and Kwajalein Atoll

## Appendix 5 National Plan For Consequence Management Appendix **5-1:** Executive Order 12241 Executive Order 12241, September 29, 1980, National Contingency Plan By The Authority Vested In Me As President Of The United States Of America Under Section 304 Of Public Law 96-295 (94 Stat. 790) And Section 301 Of Title 3 Of The United States Code, And In Order To Provide For The Publication Of A Plan To Protect The Public Health And Safety In Case Of Accidents At Nuclear Power Facilities, It Is Hereby Ordered As Follows: 1-101. The Functions Vested In The President By Section 304 Of Public Law 96-295 (94 Stat. 790) Are Delegated To The Director, Federal Emergency Management Agency. 1-102. A Copy Of The National Contingency Plan Shall, From Time To Time, Be Published In The Federal Register.

 AMENDMENT(S)

EO 12657, November 18, 1988

APPENDIX **5-2:** EXECUTIVE ORDER 12472

Executive Order 12742 (1991), National Security Industrial Responsiveness Section 101. Policy The United States must have the capability to rapidly mobilize its resources in the interest of national security. Therefore, to achieve prompt delivery of articles, products, and materials to meet national security requirements, the Government may place orders and require priority performance of these orders.

Section 102. Delegation of Authority under 50 U.S.C. App. 468. Subject to paragraph (b) of this section, the authorities vested in the President, under 50 U.S.C. App. 468, with respect to the placing of orders for prompt delivery of articles or materials, except for the taking authority under 50 U.S.C. App. 468 (c), are hereby delegated to: (1) the Secretary of Agriculture with respect to all food resources; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Transportation with respect to all forms of civil transportation; and (4) the Secretary of Commerce with respect to all other articles and materials, including construction materials. The authorities delegated by paragraph (a) of this section shall be exercised only after: (1) a determination by the Secretary of Defense that prompt delivery of the articles or materials for the exclusive use of the armed forces of the United States in the interest of national security, or (2) a determination by the Secretary of Energy that the prompt delivery of the articles or materials for the Department of Energy's atomic energy programs is in the interest of national security. All determinations of the type described in paragraph (b) of this section and all delegations -- made prior to the effective date of this order under the Defense Production Act of 1950, as amended, and under its implementing rules and regulation Section 103. Delegation of Authority under 10 U.S.C. 4501 and 9501, and 50 U.S.C. 82. Subject to paragraph (b) of this section, the authorities vested in the President under 10 U.S.C. 4501 and 9501 with respect to the placing of orders for necessary products or materials, and under 50 U.S.C. 82 with respect to the placing of orders for ships or war materials, except for the taking authority vested in the President by these acts, are hereby delegated to: (1) the Secretary of Agriculture with respect to all food resources; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Transportation with respect to all forms of civil transportation; and (4) the Secretary of Commerce with respect to all other products and materials, including construction materials. The authorities delegated in paragraph (a) of this section may be exercised only after the President has made the statutorily required determination. Section 104. Implementation. (a) The authorities delegated under sections 102 and 103 of this order shall include the power to redelegate such authorities, and the power of successive redelegation of such authorities, to departments and agencies, officers, and employees of the Government. The authorities delegated in this order may be implemented by regulations promulgated and administered by the Secretaries of Agriculture, Defense, Energy, Transportation, and Commerce, and the Director of the Federal Emergency Management Agency, as appropriate. All departments and agencies delegated authority under this order are hereby directed to amend their rules delegated herein that are to be relied upon to carry out their functions. To the extent authorized by law, including 50 U.S.C. App. 486, 10 U.S.C. 4501 and 9501, and 50 U.S.C. 82, all rules and regulations issued under the Defense Production Act of 1950, as amended, with respect to the placing of priority orders for articles, products, ships, and materials, including war materials, shall be deemed, where appropriate, to implement the authorities delegated by section 102 and 103 of this order, and shall remain in effect until amended or revoked by the respective Secretary. All orders, regulations, and other forms of administrative actions pursuant to the Defense Production Act of 1950, as amended, shall, until amended or revoked by the respective Secretaries or the Director of the Federal Emergency Management Agency, as appropriate, remain in full force and effect, to the extent supported by any law or any authority delegated to the respective Secretary or the Director pursuant to this order. Upon the request of the Secretary of Defense with respect to particular articles, products, or materials that are determined to be needed to meet national security requirements, and other official receiving a delegation of authority under this Executive order to place orders or to enforce precedence of such orders, shall exercise such authority within 10 calendar days of the receipt of the request; provided, that if the head of any department or agency having delegated responsibilities hereunder disagrees with a request of the Secretary of Defense, such department or agency head shall, within 10 calendar days from the receipt of the request, refer the issue to the Assistant to the President for National Security Affairs, who shall ensure expeditious resolution of the issue.

Proposed department and agency regulations and procedures to implement the delegated authority under this order, and any new determinations made under sections 102 (b)(1) or (2), shall be coordinated by the Director of the Federal Emergency Management Agency with all appropriate departments and agencies. Section 105. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

## Amendment(S) Executive Order 13286 (2003), Executive Order Amendment Of Executive Orders, And Other Actions, In Connection With The Transfer Of Certain Functions To The Secretary Of Homeland Security Sec. 36. Executive Order 12742 Of January 8, 1991 ("National Security Industrial Responsiveness"), Is Amended By:


inserting "Homeland Security," after "Transportation," in section 104(a); and striking "the Director of the Federal Emergency Management Agency" in section 104(d) and inserting "the Secretary of Homeland Security" in lieu thereof.


APPENDIX **5-3:** EXECUTIVE ORDER 12580

Executive Order 12580, January 23, 1987, Superfund Implementation Section 1. National Contingency Plan. (a) (1) The National Contingency Plan ('the NCP') shall provide for a National Response Team ('the NRT') composed of representatives of appropriate Federal departments and agencies for national planning and coordination of preparedness and response actions, and regional response teams as the regional counterpart to the NRT for planning and coordination of regional preparedness and response actions. (2) The following agencies (in addition to other appropriate agencies) shall provide representatives to the National and Regional Response Teams to carry out their responsibilities under the NCP: Department of State, Department of Defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Transportation, Department of Energy, Environmental Protection Agency, Federal Emergency Management Agency, United States Coast Guard, and the Nuclear Regulatory Commission. (3) Except for periods of activation because of a response action, the representative of the Environmental Protection Agency ("EPA") shall be the chairman and the representative of the United States Coast Guard shall be the vice chairman of the NRT and these agencies' representatives shall be co-chairs of the Regional Response Teams ('the RRTs'). When the NRT or an RRT is activated for a response action, the chairman shall be the EPA or United States Coast Guard representative, based on whether the release or threatened release occurs in the island or coastal zone, unless otherwise agreed upon by the EPA and United States Coast Guard representatives. (4) The RRTs may include representatives from State governments, local governments (as agreed upon by the States), and Indian tribal governments. Subject to the functions and authorities delegated to Executive departments and agencies in other sections of this Order, the NRT shall provide policy and program direction to the RRTs. (b) (1) The responsibility for the revision of the NCP and all of the other functions vested in the President by Sections 105(a), (b), (c), and (g), 125, and 301(f) of the Act is delegated to the Administrator of the Environmental Protection Agency ('the Administrator'). (2) The function vested in the President by Section. II 8(p) of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499) ('SARA') is delegated to the Administrator.

(c) In accord with Section 107(f)(2)(A) of the Act and Section 31 I (f)(5) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321 (f)(5)), the following shall be among those designated in the NCP as Federal trustees for natural resources: (1) Secretary of Defense; (2) Secretary of the Interior, (3) Secretary of Agriculture; (4) Secretary of Commerce; (5) Secretary of Energy. (d) Revisions to the NCP shall be made in consultation with members of the NRT prior to publication for notice and comment. Revisions shall also be made in consultation with the Director of the Federal Emergency Management Agency and the Nuclear Regulatory Commission in order to avoid inconsistent or duplicative requirements in the emergency planning responsibilities of those agencies. (e) All revisions to the NCP, whether in proposed or final form, shall be subject to review and approval by the Director of the Office of Management and Budget ("OMB"). Sec. 2. Response and Related Authorities.

(a) The functions vested in the President by the first sentence of Section 104(b)(1) of the Act relating to "illness, disease, or complaints thereof" are delegated to the Secretary of Health and Human Services, who shall, in accord with Section 104(i) of the Act, perform those functions through the Public Health Service.

(b) The functions vested in the President by Sections 104(e)(7)(C), 113(k)(2), 119(c)(7), and 121(f)(1) of the Act, relating to promulgation of regulations and guidelines, are delegated to the Administrator, to be exercised in consultation with the NRT. (c) (1) The functions vested in the President by Sections 104(a) and the second sentence of 126(b) of the Act, to the extent they require permanent relocation of residents, businesses, and community facilities or temporary evacuation and housing of threatened individuals not otherwise provided for, are delegated to the Director of the Federal Emergency Management Agency. (2) Subject to subsection (b) of this Section, the functions vested in the President by Sections 117(a) and (c) and 119 of the Act, to the extent such authority is needed to carry out the functions delegated under paragraph (1) of this subsection, are delegated to the Director of the Federal Emergency Management Agency. (d) Subject to subsections (a), (b), and (c) of this Section, the functions vested in the President by Sections 104(a), (b ), and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act are delegated to the Secretaries of Defense and Energy, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of their departments, respectively, including vessels bare-boat chartered and operated. These functions must be exercised consistent with the requirements of Section 120 of the Act. (e) (1) Subject to subsections (a), (b), (c), and (d) of this Section, the functions vested in the President by Sections 104(a), (b), and (c)(4), and 121 of the Act are delegated to the heads of Executive departments and agencies, with respect to remedial actions for releases or threatened releases which are not on the National Priorities List ('the NPL') and removal actions other than emergencies, where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of those departments and agencies, including vessels bare-boat chartered and operated. The Administrator shall define the term 'emergency,' solely for the purposes of this subsection, either by regulation or by a memorandum of understanding with the head of an Executive department or agency. (2) Subject to subsections (b), (c), and (d) of this Section, the functions vested in the President by Sections 104(b)(2), 113(k), 117(a) and (c), and 119, of the Act are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of those departments and agencies, including vessels bare-boat chartered and operated. (f) Subject to subsections (a), (b), (c), (d), and (e) of this Section, the functions vested in the President by Sections 104(a), (b), and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act are delegated to the Secretary of the Department in which the Coast Guard is operating ("the Coast Guard"), with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors.

(g) Subject to subsections (a), (b), (c), (d), (e), and (f) of this Section, the functions vested in the President by Sections 101(24), 104(a), (b), (c)(4), and (c)(9), 113(k), 117(a) and (c), 119, 121, and 126(b) of the Act are delegated to the Administrator. The Administrator's authority under Section 119 of the Act is retroactive to the date of enactment of SARA. (h) The functions vested in the President by Section 104(c)(3) of the Act are delegated to the Administrator, with respect to providing assurances for Indian tribes, to be exercised in consultation with the Secretary of the Interior. (i) Subject to subsections (d), (e), (f), (g), and (h) of this Section, the functions vested in the President by Section 104(c) and (d) of the Act are delegated to the Coast Guard, the Secretary of Health and Human Services, the Director of the Federal Emergency Management Agency, and the Administrator in order to carry out the functions delegated to them by this Section. (j) (1) The functions vested in the President by Section 104(e)(5)(A) are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of those departments or agencies, to be exercised with the concurrence of the Attorney General.
(2) Subject to subsection (b) of this Section and paragraph (1) of this subsection, the functions vested in the President by Section 104(e) are delegated to the heads of Executive departments and agencies in order to carry out their functions under this Order or the Act.

(k) The functions vested in the President by Section 104(f), (g), (h), (I)(11), and (j) of the Act are delegated to the heads of Executive departments and agencies in order to carry out the functions delegated to them by this Section. The exercise of authority under Section 104(h) of the Act shall be subject to the approval of the Administrator of the Office of Federal Procurement Policy. Sec. 3. Cleanup Schedules. (a) The functions vested in the President by Sections 116(a) and the first two sentences of 105(d) of the Act are delegated to the heads of Executive departments and agencies with respect to facilities under the jurisdiction, custody or control of those departments and agencies. (b) Subject to subsection (a) of this Section, the functions vested in the President by Sections 116 and 105(d) are delegated to the Administrator. Sec. 4. Enforcement. (a) The functions vested in the President by Sections 109(d) and 122(e)(3)(A) of the Act, relating to development of regulations and guidelines, are delegated to the Administrator, to be exercised in consultation with the Attorney General. (b) (1) Subject to subsection (a) of this Section, the functions vested in the President by Section 122 (except subsection (b)(1) are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases not on the NPL where either the release is on or the sole source of the release is from any facility under the jurisdiction, custody or control of those Executive departments and agencies. These functions may be exercised only with the concurrence of the Attorney General. (2) Subject to subsection (a) of this Section, the functions vested in the President by Section 109 of the Act, relating to violations of Section 122 of the Act, are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases not on the NPL where either the release is on or the sole source of the release is from any facility under the jurisdiction, custody or control of those Executive departments and agencies. These functions may be exercised only with the concurrence of the Attorney General. (c) (1) Subject to subsection (a) and (b)(1) of this Section, the functions vested in the President by Sections 106(a) and 122 of the Act are delegated to the Coast Guard with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (2) Subject to subsection (a) and (b)(2) of this Section, the functions vested in the President by Section 109 of the Act relating to violations of Sections 103 (a) and (b) and 122 of the Act, are delegated to the Coast Guard with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (d)
(1) Subject to subsections (a), (b)(1). and (c)(1) of this Section, the functions vested in the President by Sections 106 and 122 of the Act are delegated to the Administrator. (2) Subject to subsections (a), (b)(2), and (c)(2) of this Section, the functions vested in the President by Section 109 of the Act, relating to violations of Sections 103 and 122 of the Act, are delegated to the Administrator. (e) Notwithstanding any other provision of this Order, the authority under Sections 104(e)(5)(A) and 106(a) of the Act to seek information, entry, inspection, samples, or response actions from Executive departments and agencies may be exercised only with the concurrence of the Attorney General. Sec. 5. Liability. (a) The function vested in the President by Section 107(c)(1)(C) of the Act is delegated to the Secretary of Transportation. (b) The functions vested in the President by Section 107(c)(3) of the Act are delegated to the Coast Guard with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (c) Subject to subsection (b) of this Section, the functions vested in the President by Section 107(c)(3) of the Act are delegated to the Administrator.

(d) The functions vested in the President by Section 107(f)(1) of the Act are delegated to each of the Federal trustees for natural resources designated in the NCP for resources under their trusteeship. (e) The functions vested in the President by Section 107(f)(2)(B) of the Act, to receive notification of the state natural resource trustee designations, are delegated to the Administrator.

Sec. 6. Litigation.
(a) Notwithstanding any other provision of this Order, any representation pursuant to or under this Order in any judicial proceedings shall be by or through the Attorney General. The conduct and control of all litigation arising under the Act shall be the responsibility of the Attorney General. (b) Notwithstanding any other provision of this Order, the authority under the Act to require the Attorney General to commence litigation is retained by the President. (c) The functions vested in the President by Section 133(g) of the Act, to receive notification of a natural resource trustee's intent to file suit, are delegated to the heads of Executive departments and agencies with respect to response actions for which they have been delegated authority under Section 2 of this Order. The Administrator shall promulgate procedural regulations for providing such notification. (d) The functions vested in the President by Sections 310 (d) and (e) of the Act, relating to promulgation of regulations, are delegated to the Administrator. Sec. 7. Financial Responsibility. (a) The functions vested in the President by Section 107(k)(4)(B) of the Act are delegated to the Secretary of the Treasury. The Administrator will provide the Secretary with such technical information and assistance as the Administrator may have available. (b) (1) The functions vested in the President by Section 108(a)(1) of the Act are delegated to the Coast Guard. (2) Subject to Section 4(a) of this Order, the functions vested in the President by Section 109 of the act,.relating to violations of Section 108(a)(1) of the Act, are delegated to the Coast Guard. (c) (1) The functions vested in the President by Section 108(b) of the Act are delegated to the Secretary of Transportation with respect to all transportation-related facilities, including any pipeline, motor vehicle, rolling stock, or aircraft. (2) Subject to Section 4(a) of this Order, the functions vested in the President by Section log of the Act, relating to violations of Section 108(a)(3) of the Act, are delegated to the Secretary of Transportation. (3) Subject to Section 4(a) of this Order, the functions vested in the President by Section 109 of the Act, relating to violations of Section 108(b) of the Act, are delegated to the Secretary of Transportation with respect to all transportation-related facilities, including any pipeline, motor vehicle, rolling stock, or aircraft. (d) (1) Subject to subsection (c)(1) of this Section, the functions vested in the President by Section 108 (a)(4) and (b) of the Act are delegated to the Administrator. (2) Subject to Section 4(a) of this Order and subsection (c)(3) of this Section, the functions vested in the President by Section 109 of the Act, relating to violations of Section 108 (a)(4) and (b) of the Act, are delgated to the Administrator. Sec. 6. Employee Protection and Notice to Injured. (a) The functions vested in the President by Section 110(e) of the Act are delegated to the Administrator. (b) The functions vested in the President by Section 111(g) of the Act are delegated to the Secretaries of Defense and Energy with respect to releases from facilities or vessels under the jurisdiction, custody or control of their departments, respectively, including vessels bare-boat chartered and operated. (c) Subject to subsection (b) of this Section, the functions vested in the President by Section 111(g) of the Act are delegated to the Administrator. Sec. 9. Management of the Hazardous Substance Superfund and Claims. (a) The functions vested in the President by Section I I I (a) of the Act are delegated to the Administrator, subject to the provisions of this Section and other applicable provisions of this Order. (b) The Administrator shall transfer to other agencies, from the Hazardous Substance Superfund out of sums appropriated, such amounts as the Administrator may determine necessary to carry out the purposes of the Act. These amounts shall be consistent with the President's Budget, within the total approved by the Congress, unless a revised amount is approved by OMB. Funds appropriated specifically for the Agency for Toxic Substances and Disease Registry ("ATSDR"), shall be directly transferred to ATSDR, consistent with fiscally responsible investment of trust fund money. (c) The Administrator shall chair a budget task force composed of representatives of Executive departments and agencies having responsibilities under this Order or the Act. The Administrator shall also, as part of the budget request for the Environmental Protection Agency, submit to OMB a budget for the Hazardous Substance Superfund which is based on recommended levels developed by the budget task force. The Administrator may prescribe reporting and other forms, procedures, and guidelines to be used by the agencies of the Task Force in preparing the budget request, consistent with budgetary reporting requirements issued by OMB. The Administrator shall prescribe forms to agency task force members for reporting the expenditure of funds on a site-specific basis. (d) The Administrator and each department and agency head to whom funds are provided pursuant to this Section, with respect to funds provided to them, are authorized in accordance with Section 111(f) of the Act to designate Federal officials who may obligate such funds. (e) The functions vested in the President by Section 112 of the Act are delegated to the Administrator for all claims presented pursuant to Section 111 of the Act. (f) The functions vested in the President by Section 111 (o) of the Act are delegated to the Administrator. (g) The functions vested in the President by Section 117(e) of the Act are delegated to the Administrator, to be exercised in consultation with the Attorney General. (h) The functions vested in the President by Section 123 of the Act are delegated to the Administrator. (i) Funds from the Hazardous Substance Superfund may be used, at the discretion of the Administrator or the Coast Guard, to pay for removal actions for releases or threatened releases from facilities or vessels under the jurisdiction, custody or control of Executive departments and agencies but must be reimbursed to the Hazardous Substance Superfund by such Executive department or agency. Sec. 10. Federal Facilities. (a) When necessary, prior to selection of a remedial action by the Administrator under Section 120(e)(4)(A) of the Act, Executive agencies shall have the opportunity to present their views to the Administrator after using the procedures under Section 1-6 of Executive Order No. 12088 of October 13, 1978, or any other mutually acceptable process. Notwithstanding subsection 1-602 of Executive Order No. 12088, the Director of the Office of Management and Budget shall facilitate resolution of any issues. (b) Executive Order No. 12088 of October 13, 1978, is amended by renumbering the current Section 1-802 as Section 1-803 and inserting the following new Section 1-802: "1-802. Nothing in this Order shall create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or anyperson." Sec. 11. General Provisions. (a) The function vested in the President by Section 101(37) of the Act is delegated to the Administrator. (b) (1) The function vested in the President by Section 105(f) of the Act, relating to reporting on minority participation in contracts, is delegated to the Administrator.
(2) Subject to paragraph 1 of this subsection, the functions vested in the President by Section 105(f) of the Act are delegated to the heads of Executive departments and agencies in order to carry out the functions delegated to them by this Order. Each Executive department and agency shall provide to the Administrator any requested information on minority contracting for inclusion in the Section 105(f) annual report. (c) The functions vested in the President by Section 126(c) of the Act are delegated to the Administrator, to be exercised in consultation with the Secretary of the Interior. (d) The functions vested in the President by Section 301(c) of the Act are delegated to the Secretary of the Interior. (e) Each agency shall have authority to issue such regulations as may be necessary to carry out the functions delegated to them by this Order. (f) The performance of any function under this Order shall be done in consultation with interested Federal departments and agencies represented on the NRT, as well as with any other interested Federal agency. (g) The following functions vested in the President by the Act which have been delegated or assigned by this Order may be redelegated to the head of any Executive department or agency with his consent: functions set forth in Sections 2 (except subsection (b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this Order.

AMENDMENT(S)

Executive Order 13016 (1996), Amendment to Executive Order No. 12580, Superfund Implementation Section 1. A new subsection (c)(3) is added to read as follows: "(3) Subject to subsections (a) and (b)(1) of this section, the functions vested in the President by sections 106(a) and 122 (except subsection (b)(1)) of the Act are delegated to the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Energy, to be exercised only with the concurrence of the Coast Guard, with respect to any release or threatened release in the coastal zone, Great Lakes waters, ports, and harbors, affecting (1) natural resources under their trusteeship, or (2) a vessel or facility subject to their custody, jurisdiction, or control. Such authority shall not be exercised at any vessel or facility at which the Coast Guard is the lead Federal agency for the conduct or oversight of a response action. Such authority shall not be construed to authorize or permit use of the Hazardous Substance Superfund to implement section 106 or to fund performance of any response action in lieu of the payment by a person who receives but does not comply with an order pursuant to section 106(a), where such order has been issued by the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, or the Secretary of Energy. This subsection shall not be construed to limit any authority delegated by any other section of this order. Authority granted under this subsection shall be exercised in a manner to ensure interagency coordination that enhances efficiency and effectiveness." Section. 2. A new subsection (d) (3) is added to section 4 to read as follows: "(3) Subject to subsections (a), (b)(1), and (c)(1) of this section, the functions vested in the President by sections 106(a) and 122 (except subsection (b)(1)) of the Act are delegated to the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, and the Department of Energy, to be exercised only with the concurrence of the Administrator, with respect to any release or threatened release affecting (1) natural resources under their trusteeship, or (2) a vessel or facility subject to their custody, jurisdiction, or control. Such authority shall not be exercised at any vessel or facility at which the Administrator is the lead Federal official for the conduct or oversight of a response action. Such authority shall not be construed to authorize or permit use of the Hazardous Substance Superfund to implement section 106 or to fund performance of any response action in lieu of the payment by a person who receives but does not comply with an order pursuant to section 106(a), where such order has been issued by the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the ecretary of Defense, or the Secretary of Energy. This subsection shall not be construed to limit any authority delegated by any other section of this order. Authority granted under this subsection shall be exercised in a manner to ensure interagency coordination that enhances efficiency and effectiveness."

Executive Order 13286 (2003), Executive Order Amendment of Executive Orders, and Other Actions, in Connection with the Transfer of Certain Functions to the Secretary of Homeland Security Sec. 43. Executive Order 12580 of January 23, 1987 ("Superfund Implementation"), as amended, is further amended by: (a) inserting "Department of Homeland Security," after Department of Energy," in section 1(a)(2); and (b) striking "Federal Emergency Management Agency" in section 1(a)(2)

APPENDIX **5-4:** EXECUTIVE ORDER 12657


Executive Order 12657, November 18, 1988, Federal Emergency Management Agency Assistance In Emergency Preparedness Planning At Commercial Nuclear Power Plants By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Disas-ter Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), Reorganiza-tion Plan No. 1 of 1958, Reorganization Plan No. 1 of 1973, and Sec-tion 301 of Title 3 of the United States Code, and in order to ensure that plans and procedures are in place to respond to radiological emer-gencies at commercial nuclear power plants in operation or under construction, it is hereby ordered as follows: SEC 1. Scope. (a) This Order applies whenever State or local governments, either individually or together, decline or fail to prepare commercial nuclear power plant radiological emergency preparedness plans that are sufficient to satisfy Nuclear Regulatory Commission ("NRC") licensing requirements or to participate adequately in the preparation, demonstration, testing, exercise, or use of such plans. (b) In order to request the assistance of the Federal Emergency Man-agement Agency ("FEMA") provided for in this Order, an affected nu-clear power plant applicant or licensee ("licensee") shall certify in writ-ing to FEMA that the situation described in Subsection (a) exists. SEC. 2. Generally Applicable Principles and Directives. (a) Subject to the principles articulated in this Section, the Director of FEMA is hereby authorized and directed to take the actions specified in Sections 3 through 6 of this Order. (b)In carrying out any of its responsibilities under this Order, FEMA: (1)shall work actively with the licensee, and, before relying upon its resources or those of any other Department or agency within the Exec-utive branch, shall make maximum feasible use of the licensee's resources; (2)shall take care not to supplant State and local resources. FEMA shall substitute its own resources for those of the State and local gov-ernments only to the extent necessary to compensate for the nonparticipation or inadequate participation of those governments, and only as a last resort after appropriate consultation with the Governors and re-sponsible local officials in the affected area regarding State and local participation; (3)is authorized, to the extent permitted by law, to enter into inter-agency Memoranda of Understanding providing for utilization of the resources of other Executive branch Departments and agencies and for delegation to other Executive branch Departments and agencies of any of the functions and duties assigned to FEMA under this Order; how-ever, any such Memorandum of Understanding shall be subject to approval by the Director of the Office of Management and Budget ("OMB") and published in final form in the FEDERAL REGISTER; and (4)shall assume for purposes of Sections 3 and 4 of this Order that, in the event of an actual radiological emergency or disaster, State and local authorities would contribute their full resources and exercise their authorities in accordance with their duties to protect the public from harm and would act generally in conformity with the licensee's radio-logical emergency preparedness plan. (c)The Director of OMB shall resolve any issue concerning the obli-gation of Federal funds arising from the implementation of this Order. In resolving issues under this Subsection, the Director of OMB shall ensure: (1)that FEMA has utilized to the maximum extent possible the re-sources of the licensee and State and local governments before it relies upon its appropriated and lawfully available resources or those of any Department or agency in the Executive branch; (2)that FEMA shall use its existing resources to coordinate and manage, rather than duplicate, other available resources; (3)that implementation of this Order is accomplished with an econo-my of resources; and (4)that full reimbursement to the Federal Government is provided, to the extent permitted by law. SEC. 3. FEMA Participation in Emergency Preparedness Planning (a)FEMA assistance in emergency preparedness planning shall include advice, technical assistance, and arrangements for facilities and re-sources as needed to satisfy the emergency planning requirements under the Atomic Energy Act of 1954, as amended, and any other Federal legislation or regulations pertaining to issuance or retention of a con-struction permit or an operating license for a nuclear power plant.

(b) FEMA shall make all necessary plans and arrangements to ensure that the Federal Government is prepared to assume any and all func-tions and undertakings necessary to provide adequate protection to the public in cases within the scope of this Order. In making such plans and arrangements, (1) FEMA shall focus planning of Federal response activities to ensure that:
(A) adequate resources and arrangements will exist, as of the time when an initial response is needed, given the absence or inadequacy of advance State and local commitments; and
(B) attention has been given to coordinating (including turning over) response functions when State and local governments do exercise their authority, with specific attention to the areas where prior State and local participation has been insufficient or absent; (2) FEMA's planning for Federal participation in responding to a ra-diological emergency within the scope of this Order shall include, but not be limited to, arrangements for using existing Federal resources to provide prompt notification of the emergency to the general public; to assist in any necessary evacuation; to provide reception centers or shel-ters and related facilities and services for evacuees, to provide emergen-cy medical services at Federal hospitals, including those operated by the military services and by the Veterans' Administration; and to ensure the creation and maintenance of channels of communication from commercial nuclear power plant licensees or applicants to State and local governments and to surrounding members of the public. SEC. 4. Evaluation of Plans. (1) FEMA shall consider and evaluate all plans developed under the authority of this Order as though drafted and submitted by a State or local government. (2) FEMA shall take all actions necessary to carry out the evaluation referred to in the preceding Subsection and to permit the NRC to con-duct its evaluation of radiological emergency preparedness plans includ-ing, but not limited to, planning, participating in, and evaluating exer-cises, drills, and tests, on a timely basis, as necessary to satisfy NRC requirements for demonstrations of off-site radiological emergency pre-paredness. SEC. 5. Response to a Radiological Emergency. (1) In the event of an actual radiological emergency or disaster, FEMA shall take all steps necessary to ensure the implementation of the plans developed under this Order and shall coordinate the actions of other Federal agencies to achieve the maximum effectiveness of Federal efforts in responding to the emergency. (2) FEMA shall coordinate Federal response activities to ensure that adequate resources are directed, when an initial response is needed, to activities hindered by the absence or inadequacy of advance State and local commitments. FEMA shall also coordinate with State and local governmental authorities and turn over response functions as appropri-ate when State and local governments do exercise their authority. (3) FEMA shall assume any necessary command-and-control func-tion, or delegate such function to another Federal agency, in the event that no competent State and local authority is available to perform such function. (4)In any instance in which Federal personnel may be called upon to fill a command-and-control function during a radiological emergency, in addition to any other powers it may have, FEMA or its designee is authorized to accept volunteer assistance from utility employees and other nongovernmental personnel for any purpose necessary to imple-ment the emergency response plan and facilitate off-site emergency response. SEC. 6. Implementation of Order. (a) FEMA shall issue interim and final directives and procedures implementing this Order as expeditious-ly as is feasible and in any event shall issue interim directives and pro-cedures not more than 90 days following the effective date of this Order and shall issue final directives and procedures not more than 180 days following the effective date of this Order. (b) Immediately upon the effective date of this Order, FEMA shall review, and initiate necessary revisions of, all FEMA regulations, direc-tives, and guidance to conform them to the terms and policies of this Order. (c) Immediately upon the effective date of this Order, FEMA shall review, and initiate necessary renegotiations of, all interagency agree-ments to which FEMA is a party, so as to conform them to the terms and policies of this Order. This directive shall include, but not be limit-ed to, the Federal Radiological Emergency Response Plan (50 Fed. Reg. 46542 (November 8, 1985)).


(d) To the extent permitted by law, FEMA is directed to obtain full reimbursement, either jointly or severally, for services performed by FEMA or other Federal agencies pursuant to this Order from any affected licensee and from any affected nonparticipating or inadequately participating State or local government. SEC. 7. Amendments. This Executive Order amends Executive Order Nos. 11490 (34 Fed. Reg. 17567 (October 28, 1969)), 12148 (44 Fed. Reg. 43239 (July 20, 1979)), and 12241 (45 Fed. Reg. 64879 (September 29, 1980)), and the same are hereby superseded to the extent that they are inconsistent with this Order. SEC. 8. Judicial Review. This Order is intended only to improve the internal management of the Executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. SEC. 9. Effective Date. This Order shall be effective November 18, 1988.



AMENDMENT(S) Executive Order 13286 Sec. 41. Executive Order 12657 of November 18, 1988 (''Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Commercial Nuclear Power Plants''), is amended by: (a) striking ''Federal Emergency Management Agency'' in the title and inserting ''Department of Homeland Security'' in lieu thereof; (b) striking ''Federal Emergency Management Agency (''FEMA'')'' in section 1(b) and inserting ''Department of Homeland Security (''DHS'')'' in lieu thereof; (c) striking ''FEMA'' wherever it appears in sections 1(b), 2(b), 2(c), 3, 4, 5, and 6, and inserting ''DHS'' in lieu thereof; and (d) striking ''the Director of FEMA'' in section 2(a) and inserting ''the Secretary of Homeland Security''
in lieu thereof.


APPENDIX **5-5:** EXECUTIVE ORDER 13286

Executive Order 13286, February 28, 2003, Executive Order Amendment of Executive Orders, and Other Actions, in Connection with the Transfer of Certain Functions to the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107-296) and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby ordered as follows: Sec 1. Executive Order 13276 of November 15, 2002 ("Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region"), is amended by: (a) striking "The Attorney General" wherever it appears in section 1 and inserting "The Secretary of Homeland Security" in lieu thereof; and (b) striking "the Attorney General" wherever it appears in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 2. Executive Order 13274 of September 18, 2002 ("Environmental Stewardship and Transportation Infrastructure Project Reviews"), is amended by inserting "Secretary of Homeland Security," after
"Secretary of Defense," in section 3(b).

Sec. 3. Executive Order 13271 of July 9, 2002 ("Establishment of the Corporate Fraud Task Force"), is amended by: (a) inserting "(b) the Secretary of Homeland Security;" after "(a) the Secretary of the Treasury;" in section 4; and (b) relettering the subsequent subsections in section 4 appropriately. Sec. 4. Executive Order 13260 of March 19, 2002 ("Establishing the President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security"), is amended by: (a) striking "the Assistant to the President for Homeland Security (Assistant)" in section 1(c) and inserting "the Secretary of Homeland Security (Secretary)" in lieu thereof; (b) striking "the Assistant" wherever it appears in sections 2 and 3 and inserting "the Secretary" in lieu thereof; (c) striking "the Office of Administration" in section 3(d) and inserting "the Department of Homeland Security" in lieu thereof; (d) striking "the Administrator of General Services" in section 4(a) and inserting "the Secretary of Homeland Security" in lieu thereof; and (e) inserting "of General Services" after "Administrator" in section 4(a). Executive Order 13260 of March 19, 2002, is hereby revoked effective as of March 31, 2003. Sec. 5. Executive Order 13257 of February 13, 2002 ("President's Interagency Task Force to Monitor and Combat Trafficking in Persons"), is amended by: (a) inserting "(v) the Secretary of Homeland Security;" after "(iv) the Secretary of Health and Human Services;" in section 1(b); and (b) renumbering the subsequent subsections in section 1(b) appropriately. Sec. 6. Executive Order 13254 of January 29, 2002 ("Establishing the USA Freedom Corps"), is amended by striking "Director of the Federal Emergency Management Agency;" in section 3(b)(viii) and inserting "Secretary of Homeland Security;" in lieu thereof. Sec. 7. Executive Order 13231 of October 16, 2001 ("Critical Infrastructure Protection in the Information Age"), as amended, is further amended to read in its entirety as follows: "Critical Infrastructure Protection in the Information Age By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure protection of information systems for critical infrastructure, including emergency preparedness communications and the physical assets that support such systems, in the information age, it is hereby ordered as follows: Section 1. Policy. The information technology revolution has changed the way business is transacted, government operates, and national defense is conducted. Those three functions now depend on an interdependent network of critical information infrastructures. It is the policy of the United States to protect against disruption of the operation of information systems for critical infrastructure and thereby help to protect the people, economy, essential human and government services, and national security of the United States, and to ensure that any disruptions that occur are infrequent, of minimal duration, and manageable, and cause the least damage possible. The implementation of this policy shall include a voluntary publicprivate partnership, involving corporate and nongovernmental organizations. Sec. 2. Continuing Authorities. This order does not alter the existing authorities or roles of United States Government departments and agencies. Authorities set forth in 44 U.S.C. chapter 35, and other applicable law, provide senior officials with responsibility for the security of Federal Government information systems. (a) Executive Branch Information Systems Security. The Director of the Office of Management and Budget
(OMB) has the responsibility to develop and oversee the implementation of government-wide policies, principles, standards, and guidelines for the security of information systems that support the executive branch departments and agencies, except those noted in section 2(b) of this order. The Director of OMB shall advise the President and the appropriate department or agency head when there is a critical deficiency in the security practices within the purview of this section in an executive branch department or agency.
(b) National Security Information Systems. The Secretary of Defense and the Director of Central Intelligence (DCI) shall have responsibility to oversee, develop, and ensure implementation of policies, principles, standards, and guidelines for the security of information systems that support the operations under their respective control. In consultation with the Assistant to the President for National Security Affairs and the affected departments and agencies, the Secretary of Defense and the DCI shall develop policies, principles, standards, and guidelines for the security of national security information systems that support the operations of other executive branch departments and agencies with national security information. (i) Policies, principles, standards, and guidelines developed under this subsection may require more stringent protection than those developed in accordance with section 2(a) of this order.
(ii) The Assistant to the President for National Security Affairs shall advise the President and the appropriate department or agency when there is a critical deficiency in the security practices of a department or agency within the purview of this section. (iii) National Security Systems. The National Security Telecommunications and Information Systems Security Committee, as established by and consistent with NSD-42 and chaired by the Department of Defense, shall be designated as the "Committee on National Security Systems." (c) Additional Responsibilities. The heads of executive branch departments and agencies are responsible and accountable for providing and maintaining adequate levels of security for information systems, including emergency preparedness communications systems, for programs under their control. Heads of such departments and agencies shall ensure the development and, within available appropriations, funding of programs that adequately address these mission systems, especially those critical systems that support the national security and other essential government programs. Additionally, security should enable, and not unnecessarily impede, department and agency business operations. Sec. 3. The National Infrastructure Advisory Council. The National Infrastructure Advisory Council (NIAC), established on October 16, 2001, shall provide the President through the Secretary of Homeland Security with advice on the security of information systems for critical infrastructure supporting other sectors of the economy: banking and finance, transportation, energy, manufacturing, and emergency government services. (a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President. The members of the NIAC shall be selected from the private sector, academia, and State and local government. Members of the NIAC shall have expertise relevant to the functions of the NIAC and generally shall be selected from industry Chief Executive Officers (and equivalently ranked leaders of other organizations) with responsibilities for security of information infrastructure supporting the critical sectors of the economy, including banking and finance, transportation, energy, communications, and emergency government services. Members shall not be full-time officials or employees of the executive branch of the Federal Government. The President shall designate a Chair and Vice Chair from among the members of the NIAC. (b) Functions of the NIAC. The NIAC will meet periodically to: (i) enhance the partnership of the public and private sectors in protecting information systems for critical infrastructures and provide reports on this issue to the Secretary of Homeland Security, as appropriate; (ii) propose and develop ways to encourage private industry to perform periodic risk assessments of critical information and telecommunications systems; (iii) monitor the development of private sector Information Sharing and Analysis Centers (ISACs) and provide recommendations to the President through the Secretary of Homeland Security on how these organizations can best foster improved cooperation among the ISACs, the Department of Homeland Security, and other Federal Government entities; (iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the President for Homeland Security, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and

(v) advise lead agencies with critical infrastructure responsibilities, sector coordinators, the Department of Homeland Security, and the ISACs. (c) Administration of the NIAC. (i) The NIAC may hold hearings, conduct inquiries, and establish subcommittees, as appropriate.
(ii) Upon request of the Chair, and to the extent permitted by law, the heads of the executive departments and agencies shall provide the NIAC with information and advice relating to its functions. (iii) Senior Federal Government officials may participate in the meetings of the NIAC, as appropriate. (iv) Members shall serve without compensation for their work on the NIAC. However, members may be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal Government service (5 U.S.C. 5701-5707). (v) To the extent permitted by law and subject to the availability of appropriations, the Department of Homeland Security shall provide the NIAC with administrative services, staff, and other support services, and such funds as may be necessary for the performance of the NIAC's functions. (d) General Provisions. (i) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the NIAC, the functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Department of Homeland Security in accordance with the guidelines and procedures established by the Administrator of General Services. (ii) The NIAC shall terminate on October 15, 2003, unless extended by the President. (iii) Executive Order 13130 of July 14, 1999, was revoked on October 16, 2001. (iv) Nothing in this order shall supersede any requirement made by or under law. Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person." Sec. 8. Executive Order 13228 of October 8, 2001 ("Establishing the Office of Homeland Security and the Homeland Security Council"), as amended, is further amended by: (a) amending section 3(g) to read "(g) Incident Management. Consistent with applicable law, including the statutory functions of the Secretary of Homeland Security, the Assistant to the President for Homeland Security shall be the official primarily responsible for advising and assisting the President in the coordination of domestic incident management activities of all departments and agencies in the event of a terrorist threat, and during and in the aftermath of terrorist attacks, major disasters, or other emergencies, within the United States. Generally, the Assistant to the President for Homeland Security shall serve as the principal point of contact for and to the President with respect to the coordination of such activities. The Assistant to the President for Homeland Security shall coordinate with the Assistant to the President for National Security Affairs, as appropriate."; and (b) inserting ", including the Department of Homeland Security" after "Government departments and agencies" in section 7. Sec. 9. Executive Order 13223 of September 14, 2001 ("Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation"), as amended, is further amended by: (a) striking "the Secretary of Transportation" in the title and wherever it appears in sections 1, 5, 6, and 7, and inserting "the Secretary of Homeland Security" in lieu thereof; and (b) striking "the Department of Transportation" in section 7 and inserting "the Department of Homeland Security" in lieu thereof. Sec. 10. Executive Order 13212 of May 18, 2001 ("Actions to Expedite Energy-Related Projects"), is amended by inserting "Homeland Security," after "Veterans Affairs," in section 3. Sec. 11. Executive Order 13165 of August 9, 2000 ("Creation of the White House Task Force on Drug Use in Sports and Authorization for the Director of the Office of National Drug Control Policy to Serve as the United States Government's Representative on the Board of the World Anti-Doping Agency"), is amended by inserting "the Department of Homeland Security," after "the Department of Transportation," in section 2. Sec. 12. Executive Order 13154 of May 3, 2000 ("Establishing the Kosovo Campaign Medal"), is amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 13. Executive Order 13133 of August 5, 1999 ("Working Group on Unlawful Conduct on the Internet"), is amended by:
(a) inserting "(6) The Secretary of Homeland Security." after "(5) The Secretary of Education." in section 3(a); and (b) renumbering the subsequent subsections in section 3(a) appropriately.
Sec. 14. Executive Order 13120 of April 27, 1999 ("Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty"), is amended by striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 15. Executive Order 13112 of February 3, 1999 ("Invasive Species"), is amended by inserting "the Secretary of Homeland Security," after "Secretary of Transportation," in section 3(a). Sec. 16. Executive Order 13100 of August 25, 1998 ("President's Council on Food Safety"), is amended by inserting "and Homeland Security," after "Health and Human Services," in section 1(a). Sec. 17. Executive Order 13076 of February 24, 1998 ("Ordering the Selected Reserve of the Armed Forces to Active Duty"), is amended by striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 18. Executive Order 13011 of July 16, 1996 ("Federal Information Technology"), as amended, is further amended by: (a) striking "17. Federal Emergency Management Agency;" in section 3(b); and (b) renumbering the subsequent subsections in section 3(b) appropriately. Sec. 19. Executive Order 12989 of February 13, 1996 ("Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Naturalization Act Provisions"), is amended by: (a) striking "Naturalization" in the title and inserting "Nationality" in lieu thereof; (b) striking ", the Attorney General" in section 3; (c) inserting "the Secretary of Homeland Security" before "may" in section 3(a); (d) inserting "the Secretary of Homeland Security" before "shall" in section 3(b); (e) inserting "the Attorney General" before "shall" in section 3(c); (f) inserting "Secretary of Homeland Security or the" before "Attorney General" wherever it appears in section 4; (g) striking "The Attorney General's" in section 4(b) and inserting "Such" in lieu thereof; (h) striking "the Attorney General" wherever it appears in the first two sentences of section 5(a) and inserting "the Secretary of Homeland Security and Attorney General" in lieu thereof; (i) striking "the responsibilities of the Attorney General" in section 5(a) and inserting "their respective responsibilities" in lieu thereof; (j) inserting "Secretary of Homeland Security or the" before "Attorney General" wherever in appears in the third sentence of section 5(a); (k) inserting "Secretary of Homeland Security and the" before "Attorney General" in section 6; (l) striking "the Attorney General's" in section 6 and inserting "their respective" in lieu thereof; and (m) inserting "Secretary of Homeland Security, the" before "Attorney General" in section 7. Sec. 20. Executive Order 12985 of January 11, 1996 ("Establishing the Armed Forces Service Medal"), is amended by striking "the Secretary of Transportation" in section 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 21. Executive Order 12982 of December 8, 1995 ("Ordering the Selected Reserve of the Armed Forces to Active Duty"), is amended by striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 22. Executive Order 12978 of October 21, 1995 ("Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers"), is amended by inserting ", the Secretary of Homeland Security," after "the Attorney General" wherever it appears in sections 1 and 4. Sec. 23. Executive Order 12977 of October 19, 1995 ("Interagency Security Committee"), is amended by: (a) striking "the Administrator of General Services ("Administrator")" in section 1(a) and inserting "the Secretary of Homeland Security ("Secretary")" in lieu thereof; (b) striking "and" after "(16) Central Intelligence Agency;" in section 1(b); (c) inserting "and (18) General Services Administration;" after "(17) Office of Management and Budget;" in section 1(b); (d) striking section 1(c)(2) and redesignating sections 1(c)(3) and 1(c)(4) as sections 1(c)(2) and 1(c)(3), respectively;

(e) striking "Administrator" wherever it appears in sections 2, 5(a)(3)(E), 6(a), and 6(c), and inserting "Secretary" in lieu thereof; and (f) striking ", acting by and through the Assistant Commissioner," in section 6(c). Sec. 24. Executive Order 12919 of June 3, 1994 ("National Defense Industrial Resources Preparedness"), is amended by:
(a) striking "The Director, Federal Emergency Management Agency ("Director, FEMA")" in section 104(b) and inserting "The Secretary of Homeland Security ("the Secretary")" in lieu thereof;
(b) striking "The Director, FEMA," in sections 201(c) and 601(f) and inserting "The Secretary" in lieu thereof; (c) striking "the Director, FEMA," wherever it appears in sections 201(e), 202(c), 305, 501, 701(e), and 802(e), and inserting "the Secretary" in lieu thereof; and (d) inserting "the Department of Homeland Security," after "Attorney General," in section 801. Sec. 25. Executive Order 12906 of April 11, 1994 ("Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure"), is amended by: (a) striking "and" in section 7(b)(ii); (b) striking the period at the end of section 7(b)(iii) and inserting "; and" in lieu thereof; and (c) inserting a new section 7(b)(iv) to read "(iv) the national security-related activities of the Department of Homeland Security as determined by the Secretary of Homeland Security.". Sec. 26. Executive Order 12870 of September 30, 1993 ("Trade Promotion Coordinating Committee"), is amended by: (a) inserting "(j) Department of Homeland Security;" after "(i) Department of the Interior;" in section 1; and (b) relettering the subsequent subsections in section 1 appropriately. Sec. 27. Executive Order 12835 of January 25, 1993 ("Establishment of the National Economic Council"), is amended by: (a) inserting "(k) Secretary of Homeland Security;" after "(j) Secretary of Energy;" in section 2; and (b) relettering the subsequent subsections in section 2 appropriately. Sec. 28. Executive Order 12830 of January 9, 1993 ("Establishing the Military Outstanding Volunteer Service Medal"), is amended by striking "the Secretary of Transportation" wherever it appears and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 29. Executive Order 12824 of December 7, 1992 ("Establishing the Transportation Distinguished Service Medal"), is amended by: (a) striking "Transportation" in the title and inserting "Homeland Security" in lieu thereof; and (b) striking "Transportation" wherever it appears and inserting "Homeland Security" in lieu thereof. Sec. 30. Executive Order 12807 of May 24, 1992 ("Interdiction of Illegal Aliens"), is amended by striking "the Attorney General" in section 2(c)(3) and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 31. Executive Order 12793 of March 20, 1992 ("Continuing the Presidential Service Certificate and Presidential Service Badge"), is amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof.
Sec. 32. Executive Order 12789 of February 10, 1992 ("Delegation of Reporting Functions Under the Immigration Reform and Control Act of 1986"), is amended by striking "The Attorney General" in section 1 and inserting "The Secretary of Homeland Security" in lieu thereof. Sec. 33. Executive Order 12788 of January 15, 1992 ("Defense Economic Adjustment Program"), is amended by: (a) inserting "(15) Secretary of Homeland Security;" after "(14) Secretary of Veterans Affairs;" in section 4(a); and (b) renumbering the subsequent subsections in section 4(a) appropriately. Sec. 34. Executive Order 12777 of October 18, 1991 ("Implementation of Section 311 of the Federal Water Pollution Control Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990"), is amended by: (a) inserting "and the Secretary of the Department in which the Coast Guard is operating" after "the Secretary of Transportation" in sections 2(b)(2) and 2(d)(2); (b) striking "the Secretary of Transportation" in section 2(e)(2) and wherever it appears in sections 5 and 8 and inserting "the Secretary of the Department in which the Coast Guard is operating" in lieu thereof; and (c) inserting "the Secretary of the Department in which the Coast Guard is operating," after "Agriculture," in section 10(c).
Sec. 35. Executive Order 12743 of January 18, 1991 ("Ordering the Ready Reserve of the Armed Forces to Active Duty"), is amended by: (a) striking "the Department of Transportation" in section 1 and inserting "the Department of Homeland Security" in lieu thereof; and
(b) striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 36. Executive Order 12742 of January 8, 1991 ("National Security Industrial Responsiveness"), is amended by: (a) inserting "Homeland Security," after "Transportation," in section 104(a); and (b) striking "the Director of the Federal Emergency Management Agency" in section 104(d) and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 37. Executive Order 12733 of November 13, 1990 ("Authorizing the Extension of the Period of Active Duty of Personnel of the Selected Reserve of the Armed Forces"), is amended by striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 38. Executive Order 12728 of August 22, 1990 ("Delegating the President's Authority to Suspend any Provision of Law Relating to the Promotion, Retirement, or Separation of Members of the Armed Forces"), is amended by striking "the Secretary of Transportation" in sections 1 and 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 39. Executive Order 12727 of August 27, 1990 ("Ordering the Selected Reserve of the Armed Forces to Active Duty"), is amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 40. Executive Order 12699 ("Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction"), is amended by: (a) striking "Federal Emergency Management Agency (FEMA)" in section 3(d) and inserting "Department of Homeland Security" in lieu thereof; (b) striking "The Director of the Federal Emergency Management Agency" in section 4(a) and inserting "The Secretary of Homeland Security" in lieu thereof; and (c) striking "The Federal Emergency Management Agency" and "The FEMA" in section 5 and inserting "The Department of Homeland Security" in lieu thereof (in both places). Sec. 41. Executive Order 12657 of November 18, 1988 ("Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Commercial Nuclear Power Plants"), is amended by: (a) striking "Federal Emergency Management Agency" in the title and inserting "Department of Homeland Security" in lieu thereof; (b) striking "Federal Emergency Management Agency ("FEMA")" in section 1(b) and inserting "Department of Homeland Security ("DHS")" in lieu thereof; (c) striking "FEMA" wherever it appears in sections 1(b), 2(b), 2(c), 3, 4, 5, and 6, and inserting "DHS" in lieu thereof; and (d) striking "the Director of FEMA" in section 2(a) and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 42. Executive Order 12656 of November 18, 1988 ("Assignment of Emergency Preparedness Responsibilities"), as amended, is further amended by: (a) striking "The Director of the Federal Emergency Management Agency" wherever it appears in sections 104(c) and 1702 and inserting "The Secretary of Homeland Security" in lieu thereof; (b) striking "the Director of the Federal Emergency Management Agency" wherever it appears in sections 104(c), 201(15), 301(9), 401(10), 501(4), 501(7), 502(7), 601(3), 701(5), 801(9), 1302(4), 1401(4), 1701, and 1801(b), and inserting "the Secretary of Homeland Security" in lieu thereof; (c) striking "consistent with current National Security Council guidelines and policies" in section 201(15) and inserting "consistent with current Presidential guidelines and policies" in lieu thereof; (d) striking "Secretary" in section 501(9) and inserting "Secretaries" in lieu thereof; (e) inserting "and Homeland Security" after "Labor" in section 501(9); (f) striking "and" after "State" in section 701(6) and inserting a comma in lieu thereof; (g) inserting ", and Homeland Security" after "Defense" in section 701(6); (h) striking "the Director of the Federal Emergency Management Agency," in section 701(6); and (i) striking "Federal Emergency Management Agency" in the title of Part 17 and inserting "Department of Homeland Security" in lieu thereof.
Without prejudice to subsections (a) through (i) of this section, all responsibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility assigned to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsibility or function is expressly required to be carried out through another official of the Department of Homeland Security or not pursuant to such Act), or intended or required to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security. Sec. 43. Executive Order 12580 of January 23, 1987 ("Superfund Implementation"), as amended, is further amended by: (a) inserting "Department of Homeland Security," after Department of Energy," in section 1(a)(2); and (b) striking "Federal Emergency Management Agency" in section 1(a)(2). Sec. 44. Executive Order 12555 of November 15, 1985 ("Protection of Cultural Property"), as amended, is further amended by: (a) striking "the Secretary of the Treasury" in sections 1, 2, and 3, and inserting "the Secretary of Homeland Security" in lieu thereof; and (b) striking "The Department of the Treasury" in the heading of section 3 and inserting "The Department of Homeland Security" in lieu thereof. Sec. 45. Executive Order 12501 of January 28, 1985 ("Arctic Research"), is amended by: (a) inserting "(i) Department of Homeland Security;" after "(h) Department of Health and Human Services;" in section 8; and (b) relettering the subsequent subsections in section 8 appropriately. Sec. 46. Executive Order 12472 of April 3, 1984 ("Assignment of National Security and Emergency Preparedness Telecommunications Functions"), is amended by: (a) inserting "the Homeland Security Council," after "National Security Council," in sections 1(b), 1(e)(4),
1(f)(3), and 2(c)(4); (b) striking "The Secretary of Defense" in section 1(e) and inserting "The Secretary of Homeland Security" in lieu thereof; (c) striking "Federal Emergency Management Agency" in sections 1(e)(3) and 3(j) and inserting "Department of Homeland Security" in lieu thereof; (d) inserting ", in consultation with the Homeland Security Council," after "National Security Council" in section 2(b)(1); (e) inserting ", the Homeland Security Council," after "National Security Council" in sections 2(d) and 2(e);
(f) striking "the Director of the Federal Emergency Management Agency" in section 2(d)(1) and inserting "the Secretary of Homeland Security" in lieu thereof; (g) striking "Federal Emergency Management Agency. The Director of the Federal Emergency Management Agency shall:" in section 3(b) and inserting "Department of Homeland Security. The Secretary of Homeland Security shall:" in lieu thereof; and (h) adding at the end of section 3(d) the following new paragraph: "(3) Nothing in this order shall be construed to impair or otherwise affect the authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title.". Sec. 47. Executive Order 12382 of September 13, 1982 ("President's National Security Telecommunications Advisory Committee"), as amended, is further amended by: (a) inserting "through the Secretary of Homeland Security," after "the President," in sections 2(a) and 2(b);
(b) striking "and to the Secretary of Defense" in section 2(e) and inserting ", through the Secretary of Homeland Security," in lieu thereof; and (c) striking "the Secretary of Defense" in sections 3(c) and 4(a) and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 48. Executive Order 12341 of January 21, 1982 ("Cuban and Haitian Entrants"), is amended by: (a) striking "The Attorney General" in section 2 and inserting "The Secretary of Homeland Security" in lieu thereof; and (b) striking "the Attorney General" in section 2 and inserting "the Secretary of Homeland Security" in lieu thereof.
Sec. 49. Executive Order 12208 of April 15, 1980 ("Consultations on the Admission of Refugees"), as amended, is further amended by: (a) striking "the following functions: (a) To" in section 1 101 and inserting "to" in lieu thereof;
(b) striking "the Attorney General" in section 1-101(a) and inserting "the Secretary of Homeland Security"
in lieu thereof; (c) striking sections 1-101(b) and 1-102; and (d) redesignating sections 1-103 and 1-104 as sections 1-102 and 1-103, respectively. Sec. 50. Executive Order 12188 of January 2, 1980 ("International Trade Functions"), as amended, is further amended by: (a) inserting "(12) The Secretary of Homeland Security" after "(11) The Secretary of Energy" in section 1-
102(b); and (b) renumbering the subsequent subsections in section 1 102(b) appropriately. Sec. 51. Executive Order 12160 of September 26, 1979 ("Providing for Enhancement and Coordination of Federal Consumer Programs"), as amended, is further amended by: (a) inserting "(m) Department of Homeland Security." after "(l) Department of the Treasury." in section 1- 102; (b) striking "(s) Federal Emergency Management Agency." in section 1-102; and (c) relettering the subsequent subsections in section 1-102 appropriately. Sec. 52. Executive Order 12148 of July 20, 1979 ("Federal Emergency Management"), as amended, is further amended by: (a) striking "the Federal Emergency Management Agency" whenever it appears and inserting "the Department of Homeland Security" in lieu thereof; and (b) striking "the Director of the Federal Emergency Management Agency" wherever it appears and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 53. Executive Order 12146 of July 18, 1979 ("Management of Federal Legal Resources"), as amended, is further amended by: (a) striking "15" in section 1-101 and inserting "16" in lieu thereof; (b) inserting "(n) The Department of Homeland Security." after "(m) The Department of the Treasury." in section 1-102; and (c) relettering the subsequent subsections in section 1-102 appropriately. Sec. 54. Executive Order 12002 of July 7, 1977 ("Administration of Export Controls"), as amended, is further amended by inserting ", the Secretary of Homeland Security," after "The Secretary of Energy" in section 3. Sec. 55. Executive Order 11965 of January 19, 1977 ("Establishing the Humanitarian Service Medal"), is amended by striking "the Secretary of Transportation" wherever it appears in sections 1, 2, and 4, and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 56. Executive Order 11926 of July 19, 1976 ("The Vice Presidential Service Badge"), is amended by striking "the Secretary of Transportation" in section 2 and inserting "the Secretary of Homeland Security"
in lieu thereof. Sec. 57. Executive Order 11858 of May 7, 1975 ("Foreign Investment in the United States"), as amended, is further amended by: (a) inserting "(8) The Secretary of Homeland Security." after "(7) The Attorney General." in section 1(a); and (b) redesignating subsection (8) as subsection (9) in section 1(a). Sec. 58. Executive Order 11800 of August 17, 1974 ("Delegating Certain Authority Vested in the President by the Aviation Career Incentive Act of 1974"), as amended, is further amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof.
Sec. 59. Executive Order 11645 of February 8, 1972 ("Authority of the Secretary of Transportation to Prescribe Certain Regulations Relating to Coast Guard Housing"), is amended by striking "the Secretary of Transportation" in the title and in sections 1 and 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 60. Executive Order 11623 of October 12, 1971 ("Delegating to the Director of Selective Service Authority to Issue Rules and Regulations under the Military Selective Service Act"), as amended, is further amended by:
(a) striking "the Secretary of Transportation" in section 2(a) and inserting "the Secretary of Homeland Security" in lieu thereof; and (b) striking "the Department of Transportation" in section 2(a) and inserting "the Department of Homeland Security" in lieu thereof.
Sec. 61. Executive Order 11448 of January 16, 1969 ("Establishing the Meritorious Service Medal"), as amended, is further amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 62. Executive Order 11446 of January 16, 1969 ("Authorizing the Acceptance of Service Medals and Ribbons from Multilateral Organizations Other Than the United Nations"), is amended by striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 63. Executive Order 11438 of December 3, 1968 ("Prescribing Procedures Governing Interdepartmental Cash Awards to the Members of the Armed Forces"), as amended, is further amended by: (a) striking "the Secretary of Transportation" in sections 1 and 2 and inserting "the Secretary of Homeland Security" in lieu thereof; and (b) striking "the Department of Transportation" wherever it appears in sections 2 and 4 and inserting "the Department of Homeland Security" in lieu thereof. Sec. 64. Executive Order 11366 of August 4, 1967 ("Assigning Authority to Order Certain Persons in the Ready Reserve to Active Duty"), is amended by striking "The Secretary of Transportation" in sections 2 and 3(b) and inserting "The Secretary of Homeland Security" in lieu thereof. Sec. 65. Executive Order 11239 of July 31, 1965 ("Enforcement of the Convention for Safety of Life at Sea, 1960"), as amended, is further amended, without prejudice to section 1-106 of Executive Order 12234 of September 3, 1980 ("Enforcement of the Convention for the Safety of Life at Sea"), by: (a) striking "the Secretary of Transportation" in sections 1, 3, and 4, and inserting "the Secretary of Homeland Security" in lieu thereof; and (b) striking "The Secretary of Transportation" in sections 2 and 3 and inserting "The Secretary of Homeland Security" in lieu thereof. Sec. 66. Executive Order 11231 of July 8, 1965 ("Establishing the Vietnam Service Medal"), as amended, is further amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 67. Executive Order 11190 of December 29, 1964 ("Providing for the Screening of the Ready Reserve of the Armed Forces"), as amended, is further amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 68. Executive Order 11139 of January 7, 1964 ("Authorizing Acceptance of the United Nations Medal and Service Ribbon"), is amended by striking "the Secretary of the Treasury" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 69. Executive Order 11079 of January 25, 1963 ("Providing for the Prescribing of Regulations under which Members of the Armed Forces and Others May Accept Fellowships, Scholarships or Grants"), as amended, is further amended by striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 70. Executive Order 11046 of August 24, 1962 ("Authorizing Award of the Bronze Star Medal"), as amended, is further amended by striking "the Secretary of Transportation" in section 1 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 71. Executive Order 11016 of April 25, 1962 ("Authorizing Award of the Purple Heart"), as amended, is further amended by striking "the Secretary of Transportation" in sections 1 and 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 72. Executive Order 10977 of December 4, 1961 ("Establishing the Armed Forces Expeditionary Medal"), as amended, is further amended by striking "the Secretary of Transportation" in section 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 73. Executive Order 10789 of November 14, 1958 ("Authorizing Agencies of the Government To Exercise Certain Contracting Authority in Connection With National-Defense Functions and Prescribing Regulations Governing the Exercise of Such Authority"), as amended, is further amended by: (a) striking "The Federal Emergency Management Agency" in paragraph 21 and inserting "Department of Homeland Security" in lieu thereof; and (b) inserting at the end thereof the following new Part: "Part III -- Coordination with Other Authorities
25. After March 1, 2003, no executive department or agency shall exercise authority granted under paragraph 1A of this order with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in section 865 of the Homeland Security Act of 2002, unless--
(a) in the case of the Department of Defense, the Secretary of Defense has, after consideration of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002, determined that the exercise of authority under this order is necessary for the timely and effective conduct of United States military or intelligence activities; and (b) in the case of any other executive department or agency that has authority under this order, (i) the Secretary of Homeland Security has advised whether the use of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002 would be appropriate, and (ii) the Director of the Office and Management and Budget has approved the exercise of authority under this order.". Sec. 74. Executive Order 10694 of January 10, 1957 ("Authorizing the Secretaries of the Army, Navy, and Air Force to Issue Citations in the Name of the President of the United States to Military and Naval Units for Outstanding Performance in Action"), is amended by adding at the end thereof the following new section: "5. The Secretary of the Department in which the Coast Guard is operating may exercise the same authority with respect to the Coast Guard under this order as the Secretary of the Navy may exercise with respect to the Navy and the Marine Corps under this order.". Sec. 75. Executive Order 10637 of September 16, 1955 ("Delegating to the Secretary of the Treasury Certain Functions of the President Relating to the United States Coast Guard"), is amended by: (a) striking "The Secretary of the Treasury" in sections 1 and 2 and inserting "The Secretary of Homeland Security" in lieu thereof; (b) striking "the Secretary of the Treasury" in the title and in subsections 1(j), 1(k), and 5, and inserting "the Secretary of Homeland Security" in lieu thereof; and (c) striking subsection 1(r) and redesignating subsection 1(s) as subsection 1(r). Sec. 76. Executive Order 10631 of August 17, 1955 ("Code of Conduct for Members of the Armed Forces of the United States"), as amended, is further amended by: striking "the Secretary of Transportation" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 77. Executive Order 10554 of August 18, 1954 ("Delegating the Authority of the President to Prescribe Regulations Authorizing Occasions Upon Which the Uniform May Be Worn by Persons Who Have Served Honorably in the Armed Forces in Time of War"), is amended by striking "the Secretary of the Treasury" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 78. Executive Order 10499 of November 4, 1953 ("Delegating Functions Conferred Upon the President by Section 8 of the Uniformed Services Contingency Option Act of 1953"), as amended, is further amended by striking "the Treasury" in sections 1 and 2 and inserting "Homeland Security" in lieu thereof. Sec. 79. Executive Order 10448 of April 22, 1953 ("Authorizing the National Defense Medal"), as amended, is further amended by striking "the Secretary of Transportation" in sections 1 and 2 and inserting
"the Secretary of Homeland Security" in lieu thereof. Sec. 80. Executive Order 10271 of July 7, 1951 ("Delegating the Authority of the President to Order Members and Units of Reserve Components of the Armed Forces into Active Federal service"), is amended by striking "the Secretary of the Treasury" and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 81. Executive Order 10179 of November 8, 1950 ("Establishing the Korean Service Medal"), as amended, is further amended by striking "the Secretary of the Treasury" in sections 1 and 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 82. Executive Order 10163 of September 25, 1950 ("The Armed Forces Reserve Medal"), as amended, is further amended by striking "the Secretary of the Treasury" in sections 2 and 7 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 83. Executive Order 10113 of February 24, 1950 ("Delegating the Authority of the President to Prescribe Clothing Allowances, and Cash Allowances in lieu thereof, for Enlisted Men in the Armed Forces"), as amended, is further amended by striking "the Secretary of the Treasury" in sections 1 and 2 and inserting "the Secretary of Homeland Security" in lieu thereof. Sec. 84. Executive Order 4601 of March 1, 1927 ("Distinguished Flying Cross"), as amended, is further amended by:
(a) striking "The Secretary of War, the Secretary of the Navy," in sections 2 and 12 and inserting "The Secretary of Defense" in lieu thereof; and (b) striking "the Secretary of the Treasury" in sections 2 and 12 and inserting "the Secretary of Homeland Security" in lieu thereof.
Sec. 85. Designation as a Defense Agency of the United States.
I hereby designate the Department of Homeland Security as a defense agency of the United States for the purposes of chapter 17 of title 35 of the United States Code. Sec. 86. Exception from the Provisions of the Government Employees Training Act. Those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis are, pursuant to section 4102(b)(1) of title 5, United States Code, and in the public interest, excepted from the following provisions of the Government Employees Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115, 4117, and 4118, and that part of 4109(a) that provides "under the regulations prescribed under section 4118(a)(8) of this title and". Sec. 87. Functions of Certain Officials in the Coast Guard. The Commandant and the Assistant Commandant for Intelligence of the Coast Guard each shall be considered a "Senior Official of the Intelligence Community" for purposes of Executive Order 12333 of December 4, 1981, and all other relevant authorities. Sec. 88. Order of Succession. Subject to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, in the order listed, shall act as, and perform the functions and duties of, the office of Secretary of Homeland Security ("Secretary") during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary. (a) Order of Succession. (i) Deputy Secretary of Homeland Security; (ii) Under Secretary for Border and Transportation Security; (iii) Under Secretary for Emergency Preparedness and Response; (iv) Under Secretary for Information Analysis and Infrastructure Protection; (v) Under Secretary for Management; (vi) Under Secretary for Science and Technology; (vii) General Counsel; and (viii) Assistant Secretaries in the Department in the order of their date of appointment as such. (b) Exceptions. (i) No individual who is serving in an office listed in subsection (a) in an acting capacity shall act as Secretary pursuant to this section. (ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an acting Secretary.
Sec. 89. Savings Provision. Except as otherwise specifically provided above or in Executive Order 13284 of January 23, 2003 ("Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security"), references in any prior Executive Order relating to an agency or an agency component that is transferred to the Department of Homeland Security ("the Department"), or relating to a function that is transferred to the Secretary of Homeland Security, shall be deemed to refer, as appropriate, to the Department or its officers, employees, agents, organizational units, or functions. Sec. 90. Nothing in this order shall be construed to impair or otherwise affect the authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title. Sec. 91. Nothing in this order shall be construed to limit or restrict the authorities of the Central Intelligence Agency and the Director of Central Intelligence pursuant to the National Security Act of 1947 and the CIA Act of 1949. Sec. 92. This order shall become effective on March 1, 2003.

Sec. 93. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

GEORGE W. BUSH THE WHITE HOUSE, February 28, 2003.



AMENDMENT(S) : None

APPENDIX **5-6:** EXECUTIVE ORDER 12777

Executive Order 12777, October 18, 1991, Implementation of Section 311 of the Federal Water Pollution Control Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990
By authority vested in me as President by the Constitution and the laws of the United States of America, including Section 311 of the Federal Water Pollution Control Act, (``FWPCA'') (33 U.S.C. 1321), as amended by the Oil Pollution Act of 1990 (Public Law 101 - 380) (``OPA''), and by Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: Sec. 1. National Contingency Plan, Area Committees, and Area Contingency Plans. (a) Section 1 of Executive Order No. 12580 of January 23, 1987, is amended to read as follows: ``Section 1. National Contingency Plan. (a)(1) The National Contingency Plan (``the NCP''), shall provide for a National Response Team (``the NRT'') composed of representatives of appropriate Federal departments and agencies for national planning and coordination of preparedness and response actions, and Regional Response Teams as the regional counterparts to the NRT for planning and coordination of regional preparedness and response actions. ``(2) The following agencies (in addition to other appropriate agencies) shall provide representatives to the National and Regional Response Teams to carry out their responsibilities under the NCP: Department of State, Department of Defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Transportation, Department of Energy, Environmental Protection Agency, Federal Emergency Management Agency, United States Coast Guard, and the Nuclear Regulatory Commission.
``(3) Except for periods of activation because of response action, the representative of the Environmental Protection Agency (``EPA'') shall be the chairman, and the representative of the United States Coast Guard shall be the vice chairman, of the NRT and these agencies' representatives shall be co-chairs of the Regional Response Teams (``the RRTs''). When the NRT or an RRT is activated for a response action, the EPA representative shall be the chairman when the release or threatened release or discharge or threatened discharge occurs in the inland zone, and the United States Coast Guard representative shall be the chairman when the release or threatened release or discharge or threatened discharge occurs in the coastal zone, unless otherwise agreed upon by the EPA and the United States Coast Guard representatives (inland and coastal zones are defined in the NCP). ``(4) The RRTs may include representatives from State governments, local governments (as agreed upon by the States), and Indian tribal governments. Subject to the functions and authorities delegated to Executive departments and agencies in other sections of this order, the NRT shall provide policy and program direction to the RRTs. ``(b) (1) The responsibility for the revision of the NCP and all the other functions vested in the President by Sections 105 (a), (b), (c), and (g), 125, and 301(f) of the Act, by Section 311(d)(1) of the Federal Water Pollution Control Act, and by Section 4201(c) of the Oil Pollution Act of 1990 is delegated to the Administrator of the Environmental Protection Agency (``the Administrator''). ``(2) The function vested in the President by Section 118(p) of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99 - 499) (``SARA'') is delegated to the Administrator.
``(c) In accord with Section 107(f)(2)(A) of the Act, Section 311(f)(5) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321(f)(5)), and Section 1006(b) (1) and (2) of the Oil Pollution Act of 1990, the following shall be among those designated in the NCP as Federal trustees for natural resources: (1) Secretary of Defense;
(2) Secretary of the Interior;
(3) Secretary of Agriculture; (4) Secretary of Commerce; (5) Secretary of Energy. In the event of a spill, the above named Federal trustees for natural resources shall designate one trustee to act as Lead Administrative Trustee, the duties of which shall be defined in the regulations promulgated pursuant to Section 1006(e)(1) of OPA. If there are natural resource trustees other than those designated above which are acting in the event of a spill, those other trustees may join with the Federal trustees to name a Lead Administrative Trustee which shall exercise the duties defined in the regulations promulgated pursuant to Section 1006(e)(1) of OPA. ``(d) Revisions to the NCP shall be made in consultation with members of the NRT prior to publication for notice and comment. ``(e) All revisions to the NCP, whether in proposed or final form, shall be subject to review and approval by the Director of the Office of Management and Budget (``OMB'').'' ``(b) The functions vested in the President by Section 311(j)(4) of FWPCA, and Section 4202(b)(1) of OPA, respecting the designation of Areas, the appointment of Area Committee members, the requiring of information to be included in Area Contingency Plans, and the review and approval of Area Contingency Plans are delegated to the Administrator of the Environmental Protection Agency (``Administrator'') for the inland zone and the Secretary of the Department in which the Coast Guard is operating for the coastal zone (inland and coastal zones are defined in the NCP). Sec. 2. National Response System. (a) The functions vested in the President by Section 311(j)(1)(A) of FWPCA, respecting the establishment of methods and procedures for the removal of discharged oil and hazardous substances, and by Section 311(j)(1)(B) of FWPCA respecting the establishment of criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans, are delegated to the Administrator for the inland zone and the Secretary of the Department in which the Coast Guard is operating for the coastal zone. (b)(1) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from non-transportation-related onshore facilities, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from vessels and transportation-related onshore facilities and deepwater ports subject to the Deepwater Ports Act of 1974 (``DPA''), are delegated to the Secretary of Transportation. (3) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary of the Interior. (c) The functions vested in the President by Section 311(j)(1)(D) of FWPCA, respecting the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes, are delegated to the Secretary of the Department in which the Coast Guard is operating. (d)(1) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of regulations requiring the owners or operators of non-transportation-related onshore facilities to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of non-transportation-related onshore facilities to operate without approved response plans, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of regulations requiring the owners or operators of tank vessels, transportationrelated onshore facilities and deepwater ports subject to the DPA, to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of tank vessels, transportation-related onshore facilities and deepwater ports subject to the DPA to operate without approved response plans, are delegated to the Secretary of Transportation.
(3) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of regulations requiring the owners or operators of offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, to operate without approved response plans, are delegated to the Secretary of the Interior. (e)(1) The functions vested in the President by Section 311(j)(6)(B) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges at non-transportation-related onshore facilities, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges on vessels, and at transportation-related onshore facilities and deepwater ports subject to the DPA, are delegated to the Secretary of Transportation. (3) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges at offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary of the Interior. (f) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting requirements for vessels to carry appropriate removal equipment, are delegated to the Secretary of the Department in which the Coast Guard is operating. (g)(1) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of removal capability under relevant response plans for onshore and offshore facilities located in the inland zone, and the publishing of annual reports on those drills, are delegated to the Administrator. (2) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of removal capability under relevant response plans for tank vessels, and for onshore and offshore facilities located in the coastal zone, and the publishing of annual reports on those drills, are delegated to the Secretary of the Department in which the Coast Guard is operating. (h) No provision of Section 2 of this order, including, but not limited to, any delegation or assignment of any function hereunder, shall in any way affect, or be construed or interpreted to affect the authority of any Department or agency, or the head of any Department or agency under any provision of law other than Section 311(j) of FWPCA or Section 4202(b)(4) of OPA. (i) The functions vested in the President by Section 311(j) of FWPCA or Section 4202(b)(4) of OPA which have been delegated or assigned by Section 2 of this order may be redelegated to the head of any Executive department or agency with his or her consent. Sec. 3. Removal. The functions vested in the President by Section 311(c) of FWPCA and Section 1011 of OPA, respecting an effective and immediate removal or arrangement for removal of a discharge and mitigation or prevention of a substantial threat of a discharge of oil or a hazardous substance, the direction and monitoring of all Federal, State and private actions, the removal and destruction of a vessel, the issuance of directions, consulting with affected trustees, and removal completion determinations, are delegated to the Administrator for the inland zone and to the Secretary of the Department in which the Coast Guard is operating for the coastal zone. Sec. 4. Liability Limit Adjustment. (a) The functions vested in the President by Section 1004(d) of OPA, respecting the establishment of limits of liability, with respect to classes or categories of nontransportation-related onshore facilities, the reporting to Congress on the desirability of adjusting limits of liability with respect to non-transportation-related onshore facilities, and the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with respect to non-transportation-related onshore facilities, are delegated to the Administrator, acting in consultation with the Secretary of Transportation, the Secretary of Energy, and the Attorney General.
(b) The functions vested in the President by Section 1004(d) of OPA, respecting the establishment of limits of liability, with respect to classes or categories of transportation-related onshore facilities, the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels or transportation-related onshore facilities and deepwater ports subject to the DPA, and the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with respect to vessels or transportation-related onshore facilities and deepwater ports subject to the DPA, are delegated to the Secretary of Transportation.
(c) The functions vested in the President by Section 1004(d) of OPA, respecting the reporting to Congress on the desirability of adjusting limits of liability with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, and the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary of the Interior. Sec. 5. Financial Responsibility. (a)(1) The functions vested in the President by Section 1016(e) of OPA, respecting (in the case of offshore facilities other than deepwater ports) the issuance of regulations concerning financial responsibility, the determination of acceptable methods of financial responsibility, and the specification of necessary or unacceptable terms, conditions, or defenses, are delegated to the Secretary of the Interior. (2) The functions vested in the President by Section 1016(e) of OPA, respecting (in the case of deepwater ports) the issuance of regulations concerning financial responsibility, the determination of acceptable methods of financial responsibility, and the specification of necessary or unacceptable terms, conditions, or defenses, are delegated to the Secretary of Transportation. (b)(1) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving vessels) the assessment of civil penalties, the compromising, modification or remission, with or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to secure necessary judicial relief, are delegated to the Secretary of the Department in which the Coast Guard is operating. (2) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving offshore facilities other than deepwater ports) the assessment of civil penalties, the compromising, modification or remission, with or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to secure necessary judicial relief, are delegated to the Secretary of the Interior.
(3) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving deepwater ports) the assessment of civil penalties, the compromising, modification or remission, with or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to secure necessary judicial relief, are delegated to the Secretary of Transportation. Sec. 6. Enforcement. (a) The functions vested in the President by Section 311(m)(1) of FWPCA, respecting the enforcement of Section 311 with respect to vessels, are delegated to the Secretary of the Department in which the Coast Guard is operating. (b) The functions vested in the President by Section 311(e) of FWPCA, respecting determinations of imminent and substantial threat, requesting the Attorney General to secure judicial relief, and other action including issuing administrative orders, are delegated to the Administrator for the inland zone and to the Secretary of the Department in which the Coast Guard is operating for the coastal zone. Sec. 7. Management of the Oil Spill Liability Trust Fund and Claims. (a)(1)(A) The functions vested in the President by Section 1012(a)(1), (3), and (4) of OPA respecting payment of removal costs and claims and determining consistency with the National Contingency Plan (NCP) are delegated to the Secretary of the Department in which the Coast Guard is operating. (B) The functions vested in the President by Section 6002(b) of the OPA respecting making amounts, not to exceed $50,000,000 and subject to normal budget controls, in any fiscal year, available from the Fund (i) to carry out Section 311(c) of FWPCA, and (ii) to initiate the assessment of natural resources damages required under Section 1006 of OPA are delegated to the Secretary of the Department in which the Coast Guard is operating. Such Secretary shall make amounts available from the Fund to initiate the assessment of natural resources damages exclusively to the Federal trustees designated in the NCP. Such Federal trustees shall allocate such amounts among all trustees required to assess natural resources damages under Section 1006 of OPA.
(2) The functions vested in the President by Section 1012(a)(2) of OPA, respecting the payment of costs and determining consistency with the NCP, are delegated to the Federal trustees designated in the NCP. (3) The functions vested in the President by Section 1012(a)(5) of OPA, respecting the payment of costs and expenses of departments and agencies having responsibility for the implementation, administration, and enforcement of the Oil Pollution Act of 1990 and subsections (b), (c), (d), (j) and (l) of Section 311 of FWPCA, are delegated to each head of such department and agency. (b) The functions vested in the President by Section 1012(c) of OPA, respecting designation of Federal officials who may obligate money, are delegated to each head of the departments and agencies to whom functions have been delegated under section 7(a) of this order for the purpose of carrying out such functions. (c)(1) The functions vested in the President by Section 1012 (d) and (e) of OPA, respecting the obligation of the Trust Fund on the request of a Governor or pursuant to an agreement with a State, entrance into agreements with States, agreement upon terms and conditions, and the promulgation of regulations concerning such obligation and entrance into such agreement, are delegated to the Secretary of the Department in which the Coast Guard is operating, in consultation with the Administrator. (2)The functions vested in the President by Section 1013(e) of OPA, respecting the promulgation and amendment of regulations for the presentation, filing, processing, settlement, and adjudication of claims under OPA against the Trust Fund, are delegated to the Secretary of the Department in which the Coast Guard is operating, in consultation with the Attorney General. (3) The functions vested in the President by Section 1012(a) of OPA, respecting the payment of costs, damages, and claims, delegated herein to the Secretary of the Department in which the Coast Guard is operating, include, inter alia, the authority to process, settle, and administratively adjudicate such costs, damages, and claims, regardless of amount. (d)(1) The Coast Guard is designated the ``appropriate agency'' for the purpose of receiving the notice of discharge of oil or hazardous substances required by Section 311(b)(5) of FWPCA, and the Secretary of the Department in which the Coast Guard is operating is authorized to issue regulations implementing this designation. (2) The functions vested in the President by Section 1014 of OPA, respecting designation of sources of discharges or threats, notification to responsible parties, promulgation of regulations respecting advertisements, the advertisement of designation, and notification of claims procedures, are delegated to the Secretary of the Department in which the Coast Guard is operating. Sec. 8. Miscellaneous. (a) The functions vested in the President by Section 311(b) (3) and (4) of FWPCA, as amended by the Oil Pollution Act of 1990, respecting the determination of quantities of oil and any hazardous substances the discharge of which may be harmful to the public health or welfare or the environment and the determinations of quantities, time, locations, circumstances, or conditions, which are not harmful, are delegated to the Administrator. (b) The functions vested in the President by Section 311(d)(2)(G) of FWPCA, respecting schedules of dispersant, chemical, and other spill mitigating devices or substances, are delegated to the Administrator.
(c) The functions vested in the President by Section 1006(b) (3) and (4) of OPA respecting the receipt of designations of State and Indian tribe trustees for natural resources are delegated to the Administrator. (d) The function vested in the President by Section 3004 of OPA, with respect to encouraging the development of an international inventory of equipment and personnel, is delegated to the Secretary of the Department in which the Coast Guard is operating, in consultation with the Secretary of State. (e) The functions vested in the President by Section 4113 of OPA, respecting a study on the use of liners or other secondary means of containment for onshore facilities, and the implementation of the recommendations of the study, are delegated to the Administrator. (f) The function vested in the President by Section 5002(c)(2)(D) of OPA, respecting the designating of an employee of the Federal Government who shall represent the Federal Government on the Oil Terminal Facilities and Oil Tanker Operations Associations, is delegated to the Secretary of Transportation. (g) The functions vested in the President by Section 5002(o) of OPA, respecting the annual certification of alternative voluntary advisory groups, are delegated to the Secretary of Transportation. (h) The function vested in the President by Section 7001(a)(3) of OPA, respecting the appointment of Federal agencies to membership on the Interagency Coordinating Committee on Oil Pollution Research, is delegated to the Secretary of Transportation.

(i) Executive Order No. 11735 of August 3, 1973, Executive Order No. 12123 of February 26, 1979, Executive Order No. 12418 of May 5, 1983 and the memorandum of August 24, 1990, delegating certain authorities of the President under the Oil Pollution Act of 1990 are revoked. Sec. 9. Consultation. Authorities and functions delegated or assigned by this order shall be exercised subject to consultation with the Secretaries of departments and the heads of agencies with statutory responsibilities which may be significantly affected, including, but not limited to, the Department of Justice. Sec. 10. Litigation. (a) Notwithstanding any other provision of this order, any representation pursuant to or under this order in any judicial proceedings shall be by or through the Attorney General. The conduct and control of all litigation arising under the Oil Pollution Act of 1990 shall be the responsibility of the Attorney General. (b) Notwithstanding any other provision of this order, the authority under the Oil Pollution Act of 1990 to require the Attorney General to commence litigation is retained by the President. (c) Notwithstanding any other provision of this order, the Secretaries of the Departments of Transportation, Commerce, Interior, Agriculture, and/or the Administrator of the Environmental Protection Agency may request that the Attorney General commence litigation under the Oil Pollution Act of 1990. (d) The Attorney General, in his discretion, is authorized to require that, with respect to a particular oil spill, an agency refrain from taking administrative enforcement action without first consulting with the Attorney General. George Bush THE WHITE HOUSE October 18, 1991.


AMENDMENT(S): None

APPENDIX **5-7:** PDD 39

Presidential Decision Directive 39, June 21, 1995, United States Policy on Counterterrorism Purpose. To provide an unclassified synopsis of the U.S. national policy on terrorism as laid out in Presidential Decision Directive-39 (PDD-39). Background. On June 21, 1995, the President signed PDD-39, U.S. Policy on Counterterrorism. This classified document laid out the national policy and assigned specific missions to designated Federal Departments and agencies. This unclassified synopsis is provided to enable Federal, State, and local emergency response and Consequence Management personnel without appropriate security clearances to have a basic understanding of the provisions of PDD-39. PDD-39 validates and reaffirms existing Federal Lead Agency responsibilities for counterterrorism, which are assigned to the Department of Justice (DOJ), as delegated to the Federal Bureau of Investigation (FBI), for threats or acts of terrorism within the United States. The FBI as the lead for Crisis Management will involve only those Federal agencies required and designated in classified documents. The Directive further states that the Federal Emergency Management Agency (FEMA), with the support of all agencies in the Federal Response Plan (FRP), will support the FBI in Washington, DC, and on scene until the Attorney General transfers Lead Agency to FEMA. FEMA retains responsibility for Consequence Management throughout the Federal response. Definitions. Crisis Management includes measures to identify, acquire, and plan the use of resources needed to anticipate, prevent, and/or resolve a threat or act of terrorism. The laws of the United States assign primary authority to the Federal Government to prevent and respond to acts of terrorism; State and local governments provide assistance as required. Crisis management is predominantly a law enforcement response. Consequence Management includes measures to protect public health and safety, restore essential government services, and provide emergency relief to governments, businesses, and individuals affected by the consequences of terrorism. The laws of the United States assign primary authority to the States to respond to the consequences of terrorism; the Federal Government provides assistance as required. U.S. Policy on Counterterrorism General. Terrorism is both a threat to our national security as well as a criminal act. The Administration has stated that it is the policy of the United States to use all appropriate means to deter, defeat, and respond to all terrorist attacks on our territory and resources, both with people and facilities, wherever they occur. In support of these efforts, the United States will:
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Employ efforts to deter, preempt, apprehend, and prosecute terrorists.
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Work closely with other governments to carry out counterterrorism policy and combat terrorist threats against them.
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Identify sponsors of terrorists, isolate them, and ensure they pay for their actions.
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Make no concessions to terrorists.
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Measures to Combat Terrorism. To ensure that the United States is prepared to combat terrorism in all of its forms, a number of measures have been directed. These include reducing vulnerabilities to terrorism, deterring and responding to terrorist attacks, and having capabilities to prevent and manage the consequences of terrorist use of nuclear, biological, or chemical (NBC) weapons, including those of mass destruction. a. *Reduce Vulnerabilities.* In order to reduce vulnerabilities to terrorism, both at home and abroad, all departmental/agency heads have been directed to ensure that their personnel and facilities are fully protected against terrorism. Specific efforts that will be conducted to ensure our security against terrorist attacks include the following:
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Review the vulnerability of government facilities and critical national infrastructure.
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Expand the program of counterterrorism.
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Reduce vulnerabilities affecting civilian personnel/facilities abroad and military personnel/facilities.
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Exclude/deport persons who pose a terrorist threat.
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Prevent unlawful traffic in firearms and explosives and protect the President and other officials against terrorist attack.
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Reduce U.S. vulnerabilities to international terrorism through intelligence collection/ analysis, counterintelligence, and covert action.

b. *Deter.* To deter terrorism, it is necessary to provide a clear public position that our policies will not be affected by terrorist acts and we will vigorously deal with terrorists/sponsors to reduce terrorist capabilities and support. In this regard, we must make it clear that we will not allow terrorism to succeed and that the pursuit, arrest, and prosecution of terrorists are of the highest priority. Our goals include the disruption of terrorist sponsored activity, including termination of financial support, arrest and punishment of terrorists as criminals, application of U.S. laws and new legislation to prevent terrorist groups from operating in the United States, and application of extraterritorial statutes to counter acts of terrorism and apprehend terrorists outside of the United States. The return of terrorists overseas who are wanted for violation of U.S. law is of the highest priority and a central issue in bilateral relations with any state that harbors or assists them. c. *Respond.* To respond to terrorism, we must have a rapid and decisive capability to protect Americans, defeat or arrest terrorists, respond against terrorist sponsors, and provide relief to the victims of terrorists. The goal during the immediate response phase of an incident is to terminate terrorist attacks, so the terrorists do not accomplish their objectives or maintain their freedom, while seeking to minimize damage and loss of life and provide emergency assistance. After an incident has occurred, a rapidly deployable interagency Emergency Support Team (EST) will provide required capabilities on scene: a Foreign

Emergency Support Team (FEST) for foreign incidents, and a Domestic Emergency Support Team (DEST) for domestic incidents. DEST membership will be limited to those agencies required to respond to the specific incident. Both teams will include elements for specific types of incidents such as nuclear, chemical, and biological threats.

The Director, FEMA will ensure that the FRP is adequate for Consequence Management activities in response to terrorist attacks against large U.S. populations, including those where weapons of mass destruction (WMD) are involved. FEMA will also ensure that State response plans and capabilities are adequate and tested. FEMA, supported by all FRP signatories, will assume the Lead Agency role for consequence management in Washington, DC, and on scene. If large-scale casualties and infrastructure damage occur, the President may appoint a Personal Representative for Consequence Management as the on-scene Federal authority during recovery. A roster of senior and former government officials willing to perform these functions will be created, and the rostered individuals will be provided training and information necessary to allow themselves to be called on short notice. Agencies will bear the cost of their participation in terrorist incidents and counter-terrorist operations, unless otherwise directed. d. *NBC Consequence Management.* The development of effective capabilities for preventing and managing the consequence of terrorist use of NBC materials or weapons is of the highest priority. Terrorist acquisition of WMD is not acceptable, and there is no higher priority than preventing the acquisition of such materials/weapons or removing the capability from terrorist groups.



AMENDMENT(S): None

APPENDIX **5-8:** PDD 62

Presidential Decision Directive 62, May 22, 1988, Combating Terrorism Since he took office, President Clinton has made the fight against terrorism a top national security objective. The President has worked to deepen our cooperation with our friends and allies abroad, strengthen law enforcement's counterterrorism tools and improve security on airplanes and at airports. These efforts have paid off as major terrorist attacks have been foiled and more terrorists have been apprehended, tried and given severe prison terms. Yet America's unrivaled military superiority means that potential enemies -- whether nations or terrorist groups -- that choose to attack us will be more likely to resort to terror instead of conventional military assault. Moreover, easier access to sophisticated technology means that the destructive power available to terrorists is greater than ever. Adversaries may thus be tempted to use unconventional tools, such as weapons of mass destruction, to target our cities and disrupt the operations of our government. They may try to attack our economy and critical infrastructure using advanced computer technology. President Clinton is determined that in the coming century, we will be capable of deterring and preventing such terrorist attacks. The President is convinced that we must also have the ability to limit the damage and manage the consequences should such an attack occur. To meet these challenges, President Clinton signed Presidential Decision Directive 62. This Directive creates a new and more systematic approach to fighting the terrorist threat of the next century. It reinforces the mission of the many U.S. agencies charged with roles in defeating terrorism; it also codifies and clarifies their activities in the wide range of U.S. counter-terrorism programs, from apprehension and prosecution of terrorists to increasing transportation security, enhancing response capabilities and protecting the computer-based systems that lie at the heart of America's economy. The Directive will help achieve the President's goal of ensuring that we meet the threat of terrorism in the 21st century with the same rigor that we have met military threats in this century.

The National Coordinator To achieve this new level of integration in the fight against terror, PDD-62 establishes the office of the National Coordinator for Security, Infrastructure Protection and Counter-Terrorism. The National Coordinator will oversee the broad variety of relevant polices and programs including such areas as counter-terrorism, protection of critical infrastructure, preparedness and consequence management for weapons of mass destruction. The National Coordinator will work within the National Security Council, report to the President through the Assistant to the President for National Security Affairs and produce for him an annual Security Preparedness Report. The National Coordinator will also provide advice regarding budgets for counter-terror programs and coordinate the development of guidelines that might be needed for crisis management.



AMENDMENT(S): None

APPENDIX **5-9:** PDD 63

Presidential Decision Directive 63, May 22 1998, Protecting America's Critical Infrastructures
This Presidential Directive builds on the recommendations of the President's Commission on Critical Infrastructure Protection. In October 1997 the Commission issued its report, calling for a national effort to assure the security of the United States' increasingly vulnerable and interconnected infrastructures, such as
telecommunications, banking and finance, energy, transportation, and essential government services. Presidential Decision Directive 63 is the culmination of an intense, interagency effort to evaluate those recommendations and produce a workable and innovative framework for critical infrastructure protection. The President's policy:
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Sets a goal of a reliable, interconnected, and secure information system infrastructure by the year 2003, and significantly increased security for government systems by the year 2000, by:

Immediately establishing a national center to warn of and respond to attacks.

Building the capability to protect critical infrastructures from intentional acts by 2003.
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Addresses the cyber and physical infrastructure vulnerabilities of the Federal government by requiring each department and agency to work to reduce its exposure to new threats;
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Requires the Federal government to serve as a model to the rest of the country for how infrastructure protection is to be attained;
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Seeks the voluntary participation of private industry to meet common goals for protecting our critical systems through public-private partnerships;
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Protects privacy rights and seeks to utilize market forces. It is meant to strengthen and protect the nation's economic power, not to stifle it.
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Seeks full participation and input from the Congress. PDD-63 sets up a new structure to deal with this important challenge:
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a *National Coordinator* whose scope will include not only critical infrastructure but also foreign
terrorism and threats of domestic mass destruction (including biological weapons) because attacks on the US may not come labeled in neat jurisdictional boxes;
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The *National Infrastructure Protection Center* (NIPC) at the FBI which will fuse representatives from FBI, DOD, USSS, Energy, Transportation, the Intelligence Community, and the private sector in an unprecedented attempt at information sharing among agencies in collaboration with the private sector. The NIPC will also provide the principal means of facilitating and coordinating
the Federal Government's response to an incident, mitigating attacks, investigating threats and monitoring reconstitution efforts;
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An *Information Sharing and Analysis Center* (ISAC) is encouraged to be set up by the private
sector, in cooperation with the federal government;
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A *National Infrastructure Assurance Council* drawn from private sector leaders and state/local
officials to provide guidance to the policy formulation of a National plan
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The *Critical Infrastructure Assurance Office* will provide support to the National Coordinator's
work with government agencies and the private sector in developing a national plan. The office will also help coordinate a national education and awareness program, and legislative and public affairs.


AMENDMENT(S): None

APPENDIX **5-10:** HSPD-5

Homeland Security Presidential Directive (HSPD) 5, February 28, 2003, Management of Domestic Incidents Purpose (1) To enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system. Definitions (2) In this directive: (a) the term "Secretary" means the Secretary of Homeland Security. (b) the term "Federal departments and agencies" means those executive departments enumerated in 5 U.S.C. 101, together with the Department of Homeland Security; independent establishments as defined by 5 U.S.C. 104(1); government corporations as defined by 5 U.S.C. 103(1); and the United States Postal Service. (c) the terms "State," "local," and the "United States" when it is used in a geographical sense, have the same meanings as used in the Homeland Security Act of 2002, Public Law 107-296. Policy (3) To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies, the United States Government shall establish a single, compre-hensive approach to domestic incident management. The objective of the United States Government is to ensure that all levels of government across the Nation have the capability to work efficiently and effectively together, using a national approach to domestic incident management. In these efforts, with regard to domestic incidents, the United States Government treats crisis management and consequence management as a single, integrated function, rather than as two separate functions. (4) The Secretary of Homeland Security is the principal Federal official for domestic incident management. Pursuant to the Homeland Security Act of 2002, the Secretary is responsible for coordinating Federal operations within the United States to prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies. The Secretary shall coordinate the Federal Government's resources utilized in response to or recovery from terrorist attacks, major disasters, or other emergencies if and when any one of the following four conditions applies: (1) a Federal department or agency acting under its own authority has requested the assistance of the Secretary; (2) the resources of State and local authorities are overwhelmed and Federal assistance has been requested by the appropriate State and local authorities; (3) more than one Federal department or agency has become substantially involved in responding to the incident; or (4) the Secretary has been directed to assume responsibility for managing the domestic incident by the President. (5) Nothing in this directive alters, or impedes the ability to carry out, the authorities of Federal departments and agencies to perform their responsibilities under law. All Federal departments and agencies shall cooperate with the Secretary in the Secretary's domestic incident management role.
(6) The Federal Government recognizes the roles and responsibilities of State and local authorities in domestic incident management. Initial responsibility for managing domestic incidents generally falls on State and local authorities. The Federal Government will assist State and local authorities when their resources are overwhelmed, or when Federal interests are involved. The Secretary will coordinate with State and local governments to ensure adequate planning, equipment, training, and exercise activities. The Secretary will also provide assistance to State and local governments to develop all-hazards plans and capabilities, including those of greatest importance to the security of the United States, and will ensure that State, local, and Federal plans are compatible. (7) The Federal Government recognizes the role that the private and nongovernmental sectors play in preventing, preparing for, responding to, and recovering from terrorist attacks, major disasters, and other emergencies. The Secretary will coordinate with the private and nongovernmental sectors to ensure adequate planning, equipment, training, and exercise activities and to promote partnerships to address incident management capabilities. (8) The Attorney General has lead responsibility for criminal investigations of terrorist acts or terrorist threats by individuals or groups inside the United States, or directed at United States citizens or institutions abroad, where such acts are within the Federal criminal jurisdiction of the United States, as well as for related intelligence collection activities within the United States, subject to the National Security Act of 1947 and other applicable law, Executive Order 12333, and Attorney General-approved procedures pursuant to that Executive Order. Generally acting through the Federal Bureau of Investigation, the Attorney General, in cooperation with other Federal departments and agencies engaged in activities to protect our national security, shall also coordinate the activities of the other members of the law enforcement community to detect, prevent, preempt, and disrupt terrorist attacks against the United States. Following a terrorist threat or an actual incident that falls within the criminal jurisdiction of the United States, the full capabilities of the United States shall be dedicated, consistent with United States law and with activities of other Federal departments and agencies to protect our national security, to assisting the Attorney General to identify the perpetrators and bring them to justice. The Attorney General and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (9) Nothing in this directive impairs or otherwise affects the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President as Commander in Chief, to the Secretary of Defense, to the commander of military forces, or military command and control procedures. The Secretary of Defense shall provide military support to civil authorities for domestic incidents as directed by the President or when consistent with military readiness and appropriate under the circumstances and the law. The Secretary of Defense shall retain command of military forces providing civil support. The Secretary of Defense and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (10) The Secretary of State has the responsibility, consistent with other United States Government activities to protect our national security, to coordinate international activities related to the prevention, preparation, response, and recovery from a domestic incident, and for the protection of United States citizens and United States interests overseas. The Secretary of State and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (11) The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall be responsible for interagency policy coordination on domestic and international incident management, respectively, as directed by the President. The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall work together to ensure that the United States domestic and international incident management efforts are seamlessly united. (12) The Secretary shall ensure that, as appropriate, information related to domestic incidents is gathered and provided to the public, the private sector, State and local authorities, Federal departments and agencies, and, generally through the Assistant to the President for Homeland Security, to the President. The Secretary shall provide standardized, quantitative reports to the Assistant to the President for Homeland Security on the readiness and preparedness of the Nation -- at all levels of government -- to prevent, prepare for, respond to, and recover from domestic incidents. (13) Nothing in this directive shall be construed to grant to any Assistant to the President any authority to issue orders to Federal departments and agencies, their officers, or their employees. Tasking (14) The heads of all Federal departments and agencies are directed to provide their full and prompt cooperation, resources, and support, as appropriate and consistent with their own responsibilities for protecting our national security, to the Secretary, the Attorney General, the Secretary of Defense, and the Secretary of State in the exercise of the individual leadership responsibilities and missions assigned in paragraphs (4), (8), (9), and (10), respectively, above. (15) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. (16) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Response Plan (NRP). The Secretary shall consult with appropriate Assistants to the President (including the Assistant to the President for Economic Policy) and the Director of the Office of Science and Technology Policy, and other such Federal officials as may be appropriate, in developing and implementing the NRP. This plan shall integrate Federal Government domestic prevention, preparedness, response, and recovery plans into one all-discipline, all-hazards plan. The NRP shall be unclassified. If certain operational aspects require classification, they shall be included in classified annexes to the NRP. (a) The NRP, using the NIMS, shall, with regard to response to domestic incidents, provide the structure and mechanisms for national level policy and operational direction for Federal support to State and local incident managers and for exercising direct Federal authorities and responsibilities, as appropriate. (b) The NRP will include protocols for operating under different threats or threat levels; incorporation of existing Federal emergency and incident management plans (with appropriate modifications and revisions)
as either integrated components of the NRP or as supporting operational plans; and additional opera-tional plans or annexes, as appropriate, including public affairs and intergovernmental communications. (c) The NRP will include a consistent approach to reporting incidents, providing assessments, and making recommendations to the President, the Secretary, and the Homeland Security Council. (d) The NRP will include rigorous requirements for continuous improvements from testing, exercising, experience with incidents, and new information and technologies. (17) The Secretary shall: (a) By April 1, 2003, (1) develop and publish an initial version of the NRP, in consultation with other Federal departments and agencies; and (2) provide the Assistant to the President for Homeland Security with a plan for full development and implementation of the NRP. (b) By June 1, 2003, (1) in consultation with Federal departments and agencies and with State and local governments, develop a national system of standards, guidelines, and protocols to implement the NIMS; and (2) establish a mechanism for ensuring ongoing management and maintenance of the NIMS, including regular consultation with other Federal departments and agencies and with State and local governments.

(c) By September 1, 2003, in consultation with Federal departments and agencies and the Assistant to the President for Homeland Security, review existing authorities and regulations and prepare recommendations for the President on revisions necessary to implement fully the NRP.

(18) The heads of Federal departments and agencies shall adopt the NIMS within their departments and agencies and shall provide support and assistance to the Secretary in the development and maintenance of the NIMS. All Federal departments and agencies will use the NIMS in their domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation activities, as well as those actions taken in support of State or local entities. The heads of Federal departments and agencies shall participate in the NRP, shall assist and support the Secretary in the development and maintenance of the NRP, and shall participate in and use domestic incident reporting systems and protocols established by the Secretary. (19) The head of each Federal department and agency shall: (a) By June 1, 2003, make initial revisions to existing plans in accordance with the initial version of the NRP. (b) By August 1, 2003, submit a plan to adopt and implement the NIMS to the Secretary and the Assistant to the President for Homeland Security. The Assistant to the President for Homeland Security shall advise the President on whether such plans effectively implement the NIMS. (20) Beginning in Fiscal Year 2005, Federal departments and agencies shall make adoption of the NIMS a requirement, to the extent permitted by law, for providing Federal preparedness assistance through grants, contracts, or other activities. The Secretary shall develop standards and guidelines for determining whether a State or local entity has adopted the NIMS. Technical and Conforming Amendments to National Security Presidential Directive-1 (NSPD-1) (21) NSPD-1 ("Organization of the National Security Council System") is amended by replacing the fifth sentence of the third paragraph on the first page with the following: "The Attorney General, the Secretary of Homeland Security, and the Director of the Office of Management and Budget shall be invited to attend meetings pertaining to their responsibilities.". Technical and Conforming Amendments to National Security Presidential Directive-8 (NSPD-8) (22) NSPD-8 ("National Director and Deputy National Security Advisor for Combating Terrorism") is amended by striking "and the Office of Homeland Security," on page 4, and inserting "the Department of Homeland Security, and the Homeland Security Council" in lieu thereof. Technical and Conforming Amendments to Homeland Security Presidential Directive-2 (HSPD-2) (23) HSPD-2 ("Combating Terrorism Through Immigration Policies") is amended as follows:
(a) striking "the Commissioner of the Immigration and Naturalization Service (INS)" in the second sentence of the second paragraph in section 1, and inserting "the Secretary of Homeland Security" in lieu thereof ; (b) striking "the INS," in the third paragraph in section 1, and inserting "the Department of Homeland Security" in lieu thereof; (c) inserting ", the Secretary of Homeland Security," after "The Attorney General" in the fourth paragraph in section 1; (d) inserting ", the Secretary of Homeland Security," after "the Attorney General" in the fifth paragraph in section 1; (e) striking "the INS and the Customs Service" in the first sentence of the first paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (f) striking "Customs and INS" in the first sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (g) striking "the two agencies" in the second sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (h) striking "the Secretary of the Treasury" wherever it appears in section 2, and inserting "the Secretary of Homeland Security" in lieu thereof;
(i) inserting ", the Secretary of Homeland Security," after "The Secretary of State" wherever the latter appears in section 3; (j) inserting ", the Department of Homeland Security," after "the Department of State," in the second sentence in the third paragraph in section 3;
(k) inserting "the Secretary of Homeland Security," after "the Secretary of State," in the first sentence of the fifth paragraph of section 3; (l) striking "INS" in the first sentence of the sixth paragraph of section 3, and inserting "Department of Homeland Security" in lieu thereof; (m) striking "the Treasury" wherever it appears in section 4 and inserting "Homeland Security" in lieu thereof; (n) inserting ", the Secretary of Homeland Security," after "the Attorney General" in the first sentence in section 5; and (o) inserting ", Homeland Security" after "State" in the first sentence of section 6. Technical and Conforming Amendments to Homeland Security Presidential Directive-3 (HSPD-3) (24) The Homeland Security Act of 2002 assigned the responsibility for administering the Homeland Security Advisory System to the Secretary of Homeland Security. Accordingly, HSPD-3 of March 11, 2002 ("Homeland Security Advisory System") is amended as follows: (a) replacing the third sentence of the second paragraph entitled "Homeland Security Advisory System" with "Except in exigent circumstances, the Secretary of Homeland Security shall seek the views of the Attorney General, and any other federal agency heads the Secretary deems appropriate, including other members of the Homeland Security Council, on the Threat Condition to be assigned." (b) inserting "At the request of the Secretary of Homeland Security, the Department of Justice shall permit and facilitate the use of delivery systems administered or managed by the Department of Justice for the purposes of delivering threat information pursuant to the Homeland Security Advisory System." as a new paragraph after the fifth paragraph of the section entitled "Homeland Security Advisory System." (c) inserting ", the Secretary of Homeland Security" after "The Director of Central Intelligence" in the first sentence of the seventh paragraph of the section entitled "Homeland Security Advisory System". (d) striking "Attorney General" wherever it appears (except in the sentences referred to in subsections (a)
and (c) above), and inserting "the Secretary of Homeland Security" in lieu thereof; and (e) striking the section entitled "Comment and Review Periods." GEORGE W. BUSH


## Amendment(S): None Appendix **5-11:** 42 U.S.C. 5121, *Et Seq*., (The Stafford Act ) See Robert T. Stafford Disaster Relief And Emergency Assistance Act, As Amended By Public Law 106-390, October 30, 2000 Located At Http://Www.Fema.Gov/Library/Stafact.Shtm

# Appendix **5-12:** 42 U.S.C. 9605 (National Contingency Plan)  9605. National Contingency Plan

Release date: 2003-07-24
(a) **Revision and republication**
Within one hundred and eighty days after December 11, 1980, the President shall, after notice and opportunity for public comments, revise and republish the national contingency plan for the removal of oil and hazardous substances, originally prepared and published pursuant to section 1321 of title 33, to reflect and effectuate the responsibilities and powers created by this chapter, in addition to those matters specified in section 1321 (c)(2) [1] of title 33. Such revision shall include a section of the plan to be known as the national hazardous substance response plan which shall establish procedures and standards for responding to releases of hazardous substances, pollutants, and contaminants, which shall include at a minimum:
(1) methods for discovering and investigating facilities at which hazardous substances have been disposed of or otherwise come to be located;
(2) methods for evaluating, including analyses of relative cost, and remedying any releases or threats of releases from facilities which pose substantial danger to the public health or the environment;
(3) methods and criteria for determining the appropriate extent of removal, remedy, and other measures authorized by this chapter;
(4) appropriate roles and responsibilities for the Federal, State, and local governments and for interstate and nongovernmental entities in effectuating the plan;
(5) provision for identification, procurement, maintenance, and storage of response equipment and supplies;
(6) a method for and assignment of responsibility for reporting the existence of such facilities which may be located on federally owned or controlled properties and any releases of hazardous substances from such facilities;
(7) means of assuring that remedial action measures are cost-effective over the period of potential exposure to the hazardous substances or contaminated materials;
(8)
(A) criteria for determining priorities among releases or threatened releases throughout the United States for the purpose of taking remedial action and, to the extent practicable taking into account the potential urgency of such action, for the purpose of taking removal action. Criteria and priorities under this paragraph shall be based upon relative risk or danger to public health or welfare or the environment, in the judgment of the President, taking into account to the extent possible the population at risk, the hazard potential of the hazardous substances at such facilities, the potential for contamination of drinking water supplies, the potential for direct human contact, the potential for destruction of sensitive ecosystems, the damage to natural resources which may affect the human food chain and which is associated with any release or threatened release, the contamination or potential contamination of the ambient air which is associated with the release or threatened release, State preparedness to assume State costs and responsibilities, and other appropriate factors;
(B) based upon the criteria set forth in subparagraph (A) of this paragraph, the President shall list as part of the plan national priorities among the known releases or threatened releases throughout the United States and shall revise the list no less often than annually. Within one year after December 11, 1980, and annually thereafter, each State shall establish and submit for consideration by the President priorities for remedial action among known releases and potential releases in that State based upon the criteria set forth in subparagraph (A) of this paragraph. In assembling or revising the national list, the President shall consider any priorities established by the States. To the extent practicable, the highest priority facilities shall be designated individually and shall be referred to as the "top priority among known response targets", and, to the extent practicable, shall include among the one hundred highest priority facilities one such facility from each State which shall be the facility designated by the State as presenting the greatest danger to public health or welfare or the environment among the known facilities in such State. A State shall be allowed to designate its highest priority facility only once. Other priority facilities or incidents may be listed singly or grouped for response priority purposes;
(9) specified roles for private organizations and entities in preparation for response and in responding to releases of hazardous substances, including identification of appropriate qualifications and capacity therefor and including consideration of minority firms in accordance with subsection (f) of this section; and
(10) standards and testing procedures by which alternative or innovative treatment technologies can be determined to be appropriate for utilization in response actions authorized by this chapter.

The plan shall specify procedures, techniques, materials, equipment, and methods to be employed in identifying, removing, or remedying releases of hazardous substances comparable to those required under section 1321 (c)(2)(F) and (G) and
(j)(1) of title 33. Following publication of the revised national contingency plan, the response to and actions to minimize damage from hazardous substances releases shall, to the greatest extent possible, be in accordance with the provisions of the plan. The President may, from time to time, revise and republish the national contingency plan.
(b) **Revision of plan**
Not later than 18 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986 [October 17, 1986], the President shall revise the National Contingency Plan to reflect the requirements of such amendments. The portion of such Plan known as "the National Hazardous Substance Response Plan" shall be revised to provide procedures and standards for remedial actions undertaken pursuant to this chapter which are consistent with amendments made by the Superfund Amendments and Reauthorization Act of 1986 relating to the selection of remedial action.
(c) **Hazard ranking system** (1) **Revision**
Not later than 18 months after October 17, 1986, and after publication of notice and opportunity for submission of comments in accordance with section 553 of title 5, the President shall by rule promulgate amendments to the hazard ranking system in effect on September 1, 1984. Such amendments shall assure, to the maximum extent feasible, that the hazard ranking system accurately assesses the relative degree of risk to human health and the environment posed by sites and facilities subject to review. The President shall establish an effective date for the amended hazard ranking system which is not later than 24 months after October 17, 1986. Such amended hazard ranking system shall be applied to any site or facility to be newly listed on the National Priorities List after the effective date established by the President. Until such effective date of the regulations, the hazard ranking system in

effect on September 1, 1984, shall continue in full force and effect.
(2) Health assessment of water contamination risks
In carrying out this subsection, the President shall ensure that the human health
risks associated with the contamination or potential contamination (either directly or
as a result of the runoff of any hazardous substance or pollutant or contaminant from
sites or facilities) of surface water are appropriately assessed where such surface
water is, or can be, used for recreation or potable water consumption. In making the
assessment required pursuant to the preceding sentence, the President shall take
into account the potential migration of any hazardous substance or pollutant or
contaminant through such surface water to downstream sources of drinking water.
(3) Reevaluation not required
The President shall not be required to reevaluate, after October 17, 1986, the hazard
ranking of any facility which was evaluated in accordance with the criteria under this
section before the effective date of the amendments to the hazard ranking system
under this subsection and which was assigned a national priority under the National
Contingency Plan.
(4) New information
Nothing in paragraph (3) shall preclude the President from taking new information
into account in undertaking response actions under this chapter.
(d) Petition for assessment of release
Any person who is, or may be, affected by a release or threatened release of a
hazardous substance or pollutant or contaminant, may petition the President to
conduct a preliminary assessment of the hazards to public health and the
environment which are associated with such release or threatened release. If the
President has not previously conducted a preliminary assessment of such release,
the President shall, within 12 months after the receipt of any such petition, complete
such assessment or provide an explanation of why the assessment is not
appropriate. If the preliminary assessment indicates that the release or threatened
release concerned may pose a threat to human health or the environment, the
President shall promptly evaluate such release or threatened release in accordance
with the hazard ranking system referred to in paragraph (8)(A) of subsection (a) of
this section to determine the national priority of such release or threatened release.
(e) Releases from earlier sites
Whenever there has been, after January 1, 1985, a significant release of hazardous
substances or pollutants or contaminants from a site which is listed by the President
as a "Site Cleaned Up To Date" on the National Priorities List (revised edition,
December 1984) the site shall be restored to the National Priorities List, without
application of the hazard ranking system.
(f) Minority contractors
In awarding contracts under this chapter, the President shall consider the availability
of qualified minority firms. The President shall describe, as part of any annual report
submitted to the Congress under this chapter, the participation of minority firms in
contracts carried out under this chapter. Such report shall contain a brief description
of the contracts which have been awarded to minority firms under this chapter and
of the efforts made by the President to encourage the participation of such firms in
programs carried out under this chapter.
(g) Special study wastes
(1) Application
This subsection applies to facilities
(A) which as of October 17, 1986, were not included on, or proposed for inclusion

on, the National Priorities List; and
(B) at which special study wastes described in paragraph (2), (3)(A)(ii) or (3)(A)(iii)
of section 6921 (b) of this title are present in significant quantities, including any
such facility from which there has been a release of a special study waste.
(2) Considerations in adding facilities to NPL
Pending revision of the hazard ranking system under subsection (c) of this section,
the President shall consider each of the following factors in adding facilities covered
by this section to the National Priorities List:
(A) The extent to which hazard ranking system score for the facility is affected by
the presence of any special study waste at, or any release from, such facility.
(B) Available information as to the quantity, toxicity, and concentration of hazardous
substances that are constituents of any special study waste at, or released from such
facility, the extent of or potential for release of such hazardous constituents, the
exposure or potential exposure to human population and the environment, and the
degree of hazard to human health or the environment posed by the release of such
hazardous constituents at such facility. This subparagraph refers only to available
information on actual concentrations of hazardous substances and not on the total
quantity of special study waste at such facility.
(3) Savings provisions
Nothing in this subsection shall be construed to limit the authority of the President to
remove any facility which as of October 17, 1986, is included on the National
Priorities List from such List, or not to list any facility which as of such date is
proposed for inclusion on such list.
(4) Information gathering and analysis
Nothing in this chapter shall be construed to preclude the expenditure of monies
from the Fund for gathering and analysis of information which will enable the
President to consider the specific factors required by paragraph (2).
(h) NPL deferral
(1) Deferral to State voluntary cleanups
At the request of a State and subject to paragraphs (2) and (3), the President
generally shall defer final listing of an eligible response site on the National Priorities
List if the President determines that
(A) the State, or another party under an agreement with or order from the State, is
conducting a response action at the eligible response site
(i) in compliance with a State program that specifically governs response actions for
the protection of public health and the environment; and
(ii) that will provide long-term protection of human health and the environment; or
(B) the State is actively pursuing an agreement to perform a response action
described in subparagraph (A) at the site with a person that the State has reason to
believe is capable of conducting a response action that meets the requirements of
subparagraph (A).
(2) Progress toward cleanup
If, after the last day of the 1-year period beginning on the date on which the
President proposes to list an eligible response site on the National Priorities List, the
President determines that the State or other party is not making reasonable progress
toward completing a response action at the eligible response site, the President may
list the eligible response site on the National Priorities List.
(3) Cleanup agreements
With respect to an eligible response site under paragraph (1)(B), if, after the last day
of the 1-year period beginning on the date on which the President proposes to list
the eligible response site on the National Priorities List, an agreement described in

paragraph (1)(B) has not been reached, the President may defer the listing of the
eligible response site on the National Priorities List for an additional period of not to
exceed 180 days if the President determines deferring the listing would be
appropriate based on
(A) the complexity of the site;
(B) substantial progress made in negotiations; and
(C) other appropriate factors, as determined by the President.
(4) Exceptions
The President may decline to defer, or elect to discontinue a deferral of, a listing of
an eligible response site on the National Priorities List if the President determines
that
(A) deferral would not be appropriate because the State, as an owner or operator or
a significant contributor of hazardous substances to the facility, is a potentially
responsible party;
(B) the criteria under the National Contingency Plan for issuance of a health advisory
have been met; or
(C) the conditions in paragraphs (1) through (3), as applicable, are no longer being
met.


[1] See References in Text note below.

## Source: Http://Www4.Law.Cornell.Edu/Uscode/42/9605.Html Appendix **5-13:** 50 U.S.C. 2061, *Et Seq* (The Defense Production Act Of 1950) See:  Http://Www.Access.Gpo.Gov/Uscode/Title50A/50A_75_.Html Appendix **5-14:** Pub. L. 107-296 (Establish The Department Of Homeland Security) See: Http://Frwebgate.Access.Gpo.Gov/Cgibin/Getdoc.Cgi?Dbname=107_Cong_Public_Laws&Docid=F:Publ296.107 Appendix **5-15:** 3025.1, Military Support To Civil Authorities Department Of Defense Directive Number 3025.1 January 15, 1993

USD(P)
SUBJECT: Military Support to Civil Authorities (MSCA) References:
(a) DoD Directive 3025.1, "Use of Military Resources During Peacetime Civil Emergencies within the United States, its Territories, and Possessions," May 23, 1980 (hereby canceled) (b) DoD Directive 3025.10, "Military Support of Civil Defense," July 22, 1981 (hereby canceled) (c) DoD Directive 5030.45, "DoD Representation on Federal Emergency Management Agency (FEMA) Regional Preparedness Committees and Regional Field Boards," November 29, 1983 (hereby canceled) (d) Executive Order 12656, "Assignment of Emergency Preparedness Responsibilities," November 18, 1988 (e) through (u), see enclosure 1

1. REISSUANCE AND PURPOSE This Directive reissues reference (a) and replaces references (b) and (c) to:
1.1. Consolidate all policy and responsibilities previously known as "Military Assistance to Civil Authorities (MACA)," applicable to disaster-related civil emergencies within the United States, its territories, and possessions under reference (a), with those related to attacks on the United States, which previously were known as "Military Support to Civil Defense (MSCD)" under reference (b).

1.2. Provide for continuation of the DoD Regional Military Emergency Coordinator (RMEC)
teams, previously developed under reference (c), to facilitate peacetime planning for MSCA and to provide trained teams of DoD liaison personnel to represent essential DoD Components, as appropriate, for response to any national security emergency.

1.3. Constitute a single system for MSCA, by which DoD Components (as defined in subsection
2.1., below) shall plan for, and respond to, requests from civil government agencies for military support in dealing with the actual or anticipated consequences of civil emergencies requiring Federal response, or attacks, including national security emergencies as defined in reference (d).

1.4. State the policy and responsibilities by which the Department of Defense responds to major disasters or emergencies in accordance with the Stafford Act, as amended (reference (e)), and supports the national civil defense policy and Federal or State civil defense programs, in cooperation with the Federal Emergency Management Agency (FEMA), under the authority of The Federal Civil Defense Act of 1950 (reference (f)).

1.5. Designate the Secretary of the Army as the DoD Executive Agent for MSCA.

1.6. Authorize the publication of DoD 3025.1-M, "DoD Manual for Civil Emergencies,"
consistent with DoD 5025.1-M, reference (g).


2. APPLICABILITY AND SCOPE

This Directive:
2.1. Applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as "the DoD Components"). The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard (when it is operating, or planning for operations, as a Service in the Navy).

2.2. Shall govern MSCA activities of all DoD Components in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and U.S. territories and possessions.

2.3. Does not apply to foreign disasters covered by DoD Directive 5100.46 (reference (h)).

2.4. Focuses on the assignment and allocation of DoD resources to support civilian authorities during civil emergencies arising during peace, war, or transition to war.

2.5. Does not integrate contingency war planning as a subelement of MSCA, and does not relieve the Chairman of the Joint Chiefs of Staff of his authority to supervise contingency planning.

2.6. Does not include military support to civil law enforcement. (See paragraph 4.2., below.)

3. DEFINITIONS Terms used in this Directive are defined in enclosure 2.

4. POLICY
4.1. National Policy

4.1.1. Planning and preparedness by the Federal Government for civil emergencies and attacks are important due to the severity of the consequences of emergencies for the Nation and the population, and to the sophistication of means of attack on the United States and its territories.


4.1.2. Under the Stafford Act, as amended (reference (e)), it is the policy of the Federal Government to provide an orderly and continuing means of supplemental assistance to State and local governments in their responsibilities to alleviate the suffering and damage that result from major disasters or emergencies. Upon declaring a major disaster or emergency under reference (e), the President may direct any Agency of the Federal Government to undertake missions and tasks (on either a reimbursable or nonreimbursable basis) to provide assistance to State and local agencies. The President appoints a Federal Coordinating Officer (FCO) to operate in the affected area, and delegates authority to the FCO. The President has delegated to the Director of FEMA the authority to appoint FCOs; and FEMA officials frequently serve as FCOs.


4.1.3. In accordance with the Federal Civil Defense Act of 1950, as amended (reference
(f)), the national civil defense policy is to have a civil defense program to develop capabilities common to all catastrophic emergencies and those unique to attack emergencies, which will support all hazard emergency management at State and local levels, in order to protect the population and vital infrastructure. Under the national civil defense policy, the Department of Defense will support civil authorities in civil defense, to include facilitating the use of the National Guard in each State for response in both peacetime disasters and national security emergencies.



4.1.4. Under E.O. 12656 (reference (d)), it is the policy of the Federal Government to have sufficient capabilities at all levels of government to meet essential defense and civilian needs during any national security emergency.


4.2. Scope. This Directive governs all planning and response by DoD Components for civil defense or other assistance to civil authorities, with the exception of military support to law enforcement operations under DoD Directive 3025.12 (reference (i)) and contingency war plans.

4.3. Delegations of Authority. The Secretary of Defense shall be assisted in executing his responsibility for MSCA by the following:

4.3.1. The Secretary of the Army shall be the DoD Executive Agent and shall act for the Secretary of Defense in accordance with this Directive and any supplemental direction or guidance received from the Secretary of Defense. In that capacity, the DoD Executive Agent will develop planning guidance, plans, and procedures for MSCA in accordance with this Directive. The DoD Executive Agent has the authority of the Secretary of Defense to task the DoD Components to plan for and to commit DoD resources, in response to requests from civil authorities under MSCA. The Secretary of the Army shall coordinate with the Chairman of the Joint Chiefs of Staff any commitment of military forces assigned to the Unified and Specified Commands.


4.3.2. The Chairman of the Joint Chiefs of Staff shall communicate to the Commanders of the Unified and Specified Commands appropriate guidance issued by the Secretary of the Army for their compliance with this Directive, and also shall assist the DoD Executive Agent in developing MSCA planning guidance for all conditions of war or attacks on the United States or its territories.


4.3.3. The Commander in Chief, Forces Command (CINCFOR); the Commander in Chief, U.S. Atlantic Command (USCINCLANT); and the Commander in Chief, U.S. Pacific Command
(USCINCPAC), shall serve as "DoD Planning Agents" for MSCA. Pursuant to guidance issued by the DoD Executive Agent, after coordination with the Chairman of the Joint Chiefs of Staff, the DoD Planning Agents shall conduct MSCA planning, and shall lead MSCA planning activities of all DoD Components within the following geographic areas:

4.3.3.1. CINCFOR (48 contiguous States and the District of Columbia).


4.3.3.2. USCINCLANT (Puerto Rico and the U.S. Virgin Islands).


4.3.3.3. USCINCPAC (Alaska, Hawaii, and U.S. possessions and territories in the Pacific area).



4.3.4. The Commanders of the Unified and Specified Commands shall provide MSCA
response, as directed by the DoD Executive Agent.


4.3.5. The Secretary of Defense reserves the authority to modify or terminate the executive agency established by this Directive if operational needs so require in a particular situation.

4.4. MSCA Policy

4.4.1. MSCA shall include (but not be limited to) support similar to that described for Immediate Response (subsection 5.4., below), in either civil emergencies or attacks, during any period of peace, war, or transition to war. It shall include response to civil defense agencies, but shall not include military assistance for civil law enforcement operations.



4.4.1.1. DoD Directive 3025.12 (reference (i)) governs use of military resources in the event of civil disturbances, which may include providing physical security for DoD Key Assets, as defined in DoD Directive 5160.54 (reference (j)).



4.4.1.2. Materiel, logistic, communications, and other assistance to law enforcement (especially drug enforcement operations) is provided under DoD Directive 5525.5 (reference (k)).



4.4.2. The DoD Components shall respond to requirements of the DoD Executive Agent and DoD Planning Agents for MSCA, as authorized by this Directive.


4.4.3. To ensure sound management of DoD resources, MSCA planning will stress centralized direction of peacetime planning with civil authorities, with decentralized planning by DoD Components with civil agencies, where appropriate, and decentralized execution of approved plans in time of emergency.


4.4.4. Subject to priorities established by the President or the Secretary of Defense, all DoD resources are potentially available for MSCA. MSCA planning and execution will encourage and adhere to the following premises:


4.4.4.1. That civil resources are applied first in meeting requirements of civil authorities.



4.4.4.2. That DoD resources are provided only when response or recovery requirements are beyond the capabilities of civil authorities (as determined by FEMA or another lead Federal Agency for emergency response).



4.4.4.3. That specialized DoD capabilities requested for MSCA (e.g., airlift and airborne reconnaissance) are used efficiently.



4.4.4.4. Generally, military operations other than MSCA will have priority over MSCA, unless otherwise directed by the Secretary of Defense.


4.4.5. MSCA shall provide a mechanism to facilitate continuous and cooperative civil and military planning and preparedness to mobilize all appropriate resources and capabilities of the civil sector and the Department of Defense, whenever required for any form of national security emergency.


4.4.6. DoD planning shall recognize that:


4.4.6.1. Army and Air National Guard forces, acting under State orders (i.e., not in Federal service), have primary responsibility for providing military assistance to State and local government agencies in civil emergencies.



4.4.6.2. The Army National Guard State Area Command (STARC), when ordered to Federal Active Duty, will be the DoD focal point for delivery of MSCA at State and local levels in time of war.



4.4.6.3. Plans and preparedness measures for MSCA must foster close and continuous coordination for efficient employment of DoD resources of the National Guard (whether employed under State or Federal authority), as well as resources of the DoD Components, in time of peace, war, or transition to war.



4.4.6.4. In the event of an attack on the United States, its territories, or possessions, the scope of MSCA in each geographical area will depend upon the commitment of military resources to military operations, the extent of damage sustained by the civilian communities, and the status of Active and Reserve Component forces.


4.4.7. DoD Components shall augment staffs responsible for MSCA, as appropriate, with personnel from Reserve components of all Military Services who are specifically trained for civil-military planning and emergency liaison duties. (See enclosure 3 in DoD Directive 1215.6 (reference (l))). The Military Services also shall ensure that all Active or Reserve component military personnel assigned or attached to FEMA are appropriately trained and employed to enhance DoD capabilities for MSCA in time of war or attack on the United States or its territories.



4.4.8. The DoD Components ordinarily shall provide DoD resources in response to civil emergencies on a cost reimbursable basis. However, see paragraph 4.5.2., below, for circumstances in which an inability or unwillingness of a requester to commit to reimbursement will not preclude action by DoD Components.



4.4.8.1. The DoD Components shall comply with legal and accounting requirements for the loan, grant, or consumption of DoD resources for MSCA, as necessary, to ensure reimbursement of costs to the DoD Components under the Stafford Act, as amended (reference (e)); the Defense Emergency Response Fund established by Pub. L. No. 101-165 (1989) (reference (m)); or other applicable authority.



4.4.8.2. The DoD Components shall not procure or maintain any supplies, materiel, or equipment exclusively for providing MSCA in civil emergencies, unless otherwise directed by the Secretary of Defense.



4.4.8.3. Planning for MSCA during any time of attack on the United States shall assume that financial requirements will be met through appropriate legal processes.


4.4.9. Military forces employed in MSCA activities shall remain under military command and control under the authority of the DoD Executive Agent at all times.


4.4.10. The DoD Components shall not perform any function of civil government unless absolutely necessary on a temporary basis under conditions of Immediate Response. Any commander who is directed, or undertakes, to perform such functions shall facilitate the reestablishment of civil responsibility at the earliest time possible.

4.5. Immediate Response

4.5.1. Imminently serious conditions resulting from any civil emergency or attack may require immediate action by military commanders, or by responsible officials of other DoD Agencies, to save lives, prevent human suffering, or mitigate great property damage. When such conditions exist and time does not permit prior approval from higher headquarters, local military commanders and responsible officials of other DoD Components are authorized by this Directive, subject to any supplemental direction that may be provided by their DoD Component, to take necessary action to respond to requests of civil authorities. All such necessary action is referred to in this Directive as "Immediate Response."

4.5.2. While Immediate Response should be provided to civil agencies on a costreimbursable basis if possible, it should not be delayed or denied because of the inability or unwillingness of the requester to make a commitment to reimburse the Department of Defense.


4.5.3. Any commander or official acting under the Immediate Response authority of this Directive shall advise the DoD Executive Agent through command channels, by the most expeditious means available, and shall seek approval or additional authorizations as needed.


4.5.4. Immediate Response may include DoD assistance to civil agencies in meeting the following types of need:


4.5.4.1. Rescue, evacuation, and emergency medical treatment of casualties, maintenance or restoration of emergency medical capabilities, and safeguarding the public health.



4.5.4.2. Emergency restoration of essential public services (including firefighting, water, communications, transportation, power, and fuel).


4.5.4.3. Emergency clearance of debris, rubble, and explosive ordnance from
public facilities and other areas to permit rescue or movement of people and restoration of essential services.


4.5.4.4. Recovery, identification, registration, and disposal of the dead.


4.5.4.5. Monitoring and decontaminating radiological, chemical, and biological
effects; controlling contaminated areas; and reporting through national warning and hazard control systems.


4.5.4.6. Roadway movement control and planning.


4.5.4.7. Safeguarding, collecting, and distributing food, essential supplies, and
materiel on the basis of critical priorities.


4.5.4.8. Damage assessment.


4.5.4.9. Interim emergency communications.


4.5.4.10. Facilitating the reestablishment of civil government functions.
4.6. Military Cooperation With Civil Agencies

4.6.1. Under E.O. 12148 (reference (n)) and E.O. 12656 (reference (d)), FEMA is
responsible for coordinating Federal plans and programs for response to civil emergencies at the national and regional levels, and for Federal assistance to the States in civil emergencies. Other Federal Departments and Agencies have specific responsibilities for emergency planning and response under reference (d), and under statutory authorities not listed in this Directive. The DoD Executive Agent shall ensure:


4.6.1.1. Coordination of MSCA plans and procedures with FEMA, and with
other civil agencies as appropriate, at the national and Federal Region level.


4.6.1.2. Facilitation of direct planning for MSCA by DoD facilities and
installations with their local communities, and with their respective STARCs, as appropriate.


4.6.2. The DoD Executive Agent also shall provide appropriate guidance to facilitate
MSCA planning and response with the American Red Cross and other civilian disaster and emergency assistance organizations where authorized by law.
4.7. Response Under Other Authorities. DoD response to emergencies under authorities not cited
in this Directive also may be directed, coordinated, or supplemented by the DoD Executive Agent, as circumstances require. For example:

4.7.1. The U.S. Coast Guard (USCG) or the U.S. Environmental Protection Agency
(EPA) will coordinate Federal response to oil or hazardous material spills, other than those occurring
within DoD jurisdictions. The DoD Executive Agent will provide MSCA to the USCG or the EPA; but responsibilities of DoD Components in areas under DoD jurisdiction are covered by DoD Directive 5030.41 (reference (o)).


4.7.2. Emergencies or other incidents involving radiological materials shall be handled in
accordance with DoD Directive 5100.52 (reference (p)).


4.7.3. The Secretary of the Army shall ensure the implementation of DoD responsibilities for emergency water requirements, as specified in E.O. 12656 (reference (d)), and response to flooding, as provided in Pub. L. No. 84-99 (1941), as amended (reference (q)).



4.7.4. Forest fire emergencies are responsibilities of the U.S. Department of Agriculture or Interior. The Boise Interagency Fire Center (BIFC) may request DoD assistance; and specific details regarding DoD support are covered by agreements between the Department of Defense and the BIFC that are administered by the DoD Executive Agent.


4.7.5. The DoD Executive Agent is delegated the authority to direct DoD Components in planning for and responding to any civil emergency that may arise out of any mass immigration by aliens into the land territory of the United States, its territories, or possessions, consistent with applicable law and this Directive. The DoD Executive Agent should ensure appropriate coordination with Federal law enforcement authorities in exercising this authority.


4.7.6. Use of DoD transportation resources in response to a non-declared civil emergency shall be directed by the DoD Executive Agent under this Directive. (See also DoD Directive 4500.9
(reference (r)).)
4.8. Non-Declared Emergencies. The DoD Executive Agent may direct DoD Components to respond to any emergency, based on authority that is provided by this Directive or obtained from the Secretary or Deputy Secretary of Defense. If an emergency of any kind or size requires a response on behalf of the Department of Defense, where there has not been any declaration of major disaster or emergency by the President, or if reimbursement of funds to the Department of Defense is otherwise not certain, the DoD Executive Agent shall ascertain the authority necessary to commit DoD resources for response to requests from civil authorities.


4.8.1. Authorizations by the DoD Executive Agent under this subsection (4.7.) shall include (but not be limited to) commitment of funds from the Defense Emergency Response Fund (reference (m)) in anticipation of reimbursements to that fund.


4.8.2. The DoD Executive Agent shall obtain authorization from the Secretary of Defense or Deputy Secretary of Defense to provide support in those cases in which DoD response is not clearly required by Federal law or by DoD plans approved by the DoD Executive Agent.

4.9. Emergency Priorities. When guidance cannot be obtained from higher headquarters on a timely basis, due to attack on the United States or other emergency circumstances, the DoD Components should apply DoD resources to MSCA in the following order of priority:


4.9.1. To save human life and mitigate human suffering, and to protect essential U.S.

Government capabilities, including:


4.9.1.1. Continuity of the U.S. Government.



4.9.1.2. Protection of U.S. Government officials.



4.9.1.3. Prevention of loss or destruction to Federal property.



4.9.1.4. Restoration of essential Federal functions.



4.9.2. To preserve or restore services of State and local government.


5. RESPONSIBILITIES
5.1. The Under Secretary of Defense for Policy shall:



5.1.1. Exercise policy oversight of MSCA for the Secretary of Defense, and ensure
compatibility of MSCA with National Security Emergency Preparedness, in accordance with DoD Directive 3020.36 (reference (s)) and E.O. 12656 (reference (d)).


5.1.2. Coordinate DoD policy governing plans and operations with FEMA; and assist the
DoD Executive Agent, the Chairman of the Joint Chiefs of Staff, and others, as appropriate, in their coordination with FEMA.
5.2. The Assistant Secretary of Defense (Health Affairs) shall coordinate policy for emergency
medical support to civil authorities in consonance with this Directive, to include participation by the Department of Defense in the National Disaster Medical System (NDMS).
5.3. The Assistant Secretary of Defense (Reserve Affairs) shall advise the DoD Executive Agent,
the Chairman of the Joint Chiefs of Staff, the USD(P), and the Secretaries of the Military Departments, as required, on Reserve component matters impacting on MSCA.
5.4. The Comptroller of the Department of Defense shall:

5.4.1. Facilitate accounting procedures that will enable the Department of Defense to
respond on a timely basis to all emergency requirements for MSCA; and

5.4.2. In conjunction with the DoD Executive Agent, provide for accounting and other
procedures necessary to manage expenditures for MSCA from the Defense Emergency Response Fund (reference (m)).
5.5. The Chairman of the Joint Chiefs of Staff shall:

5.5.1. Advise the Secretary of Defense and the DoD Executive Agent on policies,
responsibilities, and programs bearing on MSCA.

5.5.2. In coordination with the DoD Executive Agent, facilitate communications by the
DoD Executive Agent with commanders, as appropriate.

5.5.3. Ensure the compatibility of MSCA plans with other military plans.

5.5.4. Facilitate CINCFOR's development of an MSCA database and emergency
reporting system, as described in paragraph 5.10.3., below.


5.5.5. Facilitate coordinated evaluation of MSCA plans and capabilities by the
Commanders of the Unified and Specified Commands through exercises or other means, as appropriate.
5.6. The Secretaries of the Military Departments shall:

5.6.1. Provide for participation by the Military Services in MSCA planning, in
accordance with this Directive and with guidance of the DoD Executive Agent; and ensure readiness of Active and Reserve components to execute plans for MSCA.

5.6.2. Ensure the designation of a principal planning agent and regional planning agents
for MSCA for each Military Service, and advise the DoD Executive Agent and the Chairman of the Joint
Chiefs of Staff of such agents.

5.6.3. Ensure effective and efficient coordination of MSCA planning by Service
installations with Federal Regions, STARCs, and State and local civil authorities, through the DoD Planning Agents, as directed by the DoD Executive Agent.


5.6.4. Furnish available resources for MSCA when directed by the DoD Executive Agent.


5.6.5. Identify to the DoD Executive Agent the resources of their respective Military Services that are potentially available for MSCA within the parameters of the DoD Resources Data Base
(DODRDB) for MSCA, which is described in paragraph 5.10.3., below. Facilitate use of that database to support decentralized management of MSCA in time of emergency, as appropriate.


5.6.6. Prepare to support civil requests for damage and residual capability assessment following civil emergencies or attacks, to include providing aerial reconnaissance as appropriate.


5.6.7. Provide Military Department representatives to serve on RMEC teams, as requested by the DoD Executive Agent.


5.6.8. Based on validated military planning and operational requirements, assign individual Reservists from Military Services to FEMA and other appropriate civil government offices and headquarters to provide liaison for planning and emergency operations for MSCA. (See enclosure 3 in DoD Directive 1215.6 (reference (l)).)

5.6.9. Provide available Military Service personnel for MSCA training, including courses conducted by CINCFOR and FEMA.


5.6.10. Provide for application of critical emergency capabilities of the Services (such as disposal of explosive ordnance and nuclear devices) for MSCA, as required.

5.7. In addition to the responsibilities assigned under subsection 5.6., above, the Secretary of the Army, as DoD Executive Agent, shall:

5.7.1. Coordinate with the Chairman of the Joint Chiefs of Staff, in advance, for the employment of forces assigned to the Unified and Specified Commands in MSCA missions.


5.7.2. Establish a single headquarters element (to be denominated the "Directorate of Military Support (DOMS)") under the Secretary of the Army, through which the Secretary of the Army issues orders necessary to perform the duties of the DoD Executive Agent under this Directive. The Secretary of the Army shall ensure that the staff element includes specially qualified and trained officers of all Military Services, including those at senior levels in the element.


5.7.3. Manage expenditures for MSCA from the Defense Emergency Response Fund
(reference (m)). (See paragraph 4.4.2., above.)


5.7.4. Direct and coordinate the development of both generic and incident specific plans for MSCA through the DoD Planning Agents designated in paragraph 4.4.3., above, and through the DoD Components, as appropriate.


5.7.5. Establish appropriate guidance, through the National Guard Bureau, for the Adjutants General of the 50 States, District of Columbia, Guam, Puerto Rico, and the Virgin Islands to ensure compliance by the Army National Guard with this Directive. Such guidance shall provide for the following, as appropriate:


5.7.5.1. Resourcing the STARCs for MSCA planning and response tasks.



5.7.5.2. STARC interfaces with commands and installations of all Services, including the DoD Planning Agents, and with State civil agencies.



5.7.5.3. STARC acceptance, support, and utilization of liaison and augmentation from all Military Services, as appropriate.



5.7.6. Provide for the manning and operation of RMEC teams to coordinate the interface
between the Defense Components and all Federal regional emergency management structures established by FEMA that may affect MSCA.


5.7.7. Provide for effective utilization in MSCA planning of the U.S. Army Corps of
Engineers, the Naval Construction Force, and the U.S. Air Force Civil Engineers, to include all civil works authorities and other unique civil emergency capabilities, as permitted by law.

5.7.8. Delegate as appropriate authority under this Directive to the DoD Planning Agents,
to Defense Coordinating Officers (DCOs) appointed for response to civil emergencies under the Stafford Act, as amended (reference (e)), or to other DoD officials to accomplish any requirement for MSCA planning or operations under this Directive.

5.7.9. Provide guidance to CINCFOR for content, dissemination, and use of the
DODRDB for MSCA, which is described in paragraph 5.10.3., below; and ensure opportunity for input by the Chairman of the Joint Chiefs of Staff in the continuing development of that database.

5.7.10. Maintain national-level liaison with FEMA for MSCA.

5.7.11. Provide Army Reserve support to FEMA, on a reimbursable basis, for emergency
communications, security operations, and associated management support, at the Federal Regions, as determined by agreement between FEMA and the DoD Executive Agent; and ensure the availability of such support during any time of war or national mobilization.

5.7.12. Provide full-time Army personnel, as required, to manage the Military Support
Liaison Office established by agreement between the Secretary of Defense and the Director of FEMA. Utilize that office to facilitate requirements and communications of the DoD Executive Agent under this Directive.

5.7.13. Develop training courses for MSCA, including specialized training for Reserve
component emergency preparedness liaison officers of all Military Services who will work with civilian
communities and agencies as authorized for MSCA missions.

5.7.14. Provide authorizations to DoD Components to perform emergency work under
Section 403(c) of the Stafford Act, as amended (reference (e)). That statute provides that, when authorized by the President at the request of a State Governor, under certain conditions, the Department of Defense may perform on public or private lands emergency work that is essential for the preservation of life or property. Emergency work by the Department of Defense under that provision may be carried out only for
a period not to exceed 10 days, and is only 75 percent funded by Federal funds.
5.8. In addition to the responsibilities assigned under subsection 5.6., above, the Secretary of the
Navy shall:

5.8.1. Maintain liaison and coordinate planning with the Department of Transportation
for participation by USCG forces in MSCA.

5.8.2. Furnish technical advice and support for MSCA planning and implementation in
areas that are uniquely within the competence of the Navy, Marine Corps, or USCG (e.g., nuclear material
disposal for coastal and maritime areas, and emergency protection or restoration of seaport capabilities).
5.9. In addition to the responsibilities assigned under subsection 5.6., above, the Secretary of the
Air Force shall:


5.9.1. Establish appropriate guidance, through the National Guard Bureau, for the Adjutants General of the 50 States, District of Columbia, Guam, Puerto Rico, and the Virgin Islands to ensure compliance by the Air National Guard with this Directive.



5.9.2. Facilitate planning by the Civil Air Patrol for participation in MSCA.


5.9.3. Furnish technical advice and support for MSCA planning and implementation in areas that are uniquely within the competence of the Air Force and its wartime augmentation elements (e.g., coordination with the Federal Aviation Administration, the National Aeronautics and Space Administration, and the National Oceanic and Atmospheric Administration).


5.9.4. Facilitate the conduct and coordination of aerial reconnaissance missions to perform damage assessment in support of MSCA.

5.10. In addition to serving as a DoD Planning Agent under subsection 5.11., below, the Commander in Chief Forces Command CINCFOR, subject to the direction of the DoD Executive Agent, shall:

5.10.1. Maintain liaison with FEMA to facilitate cooperative civil and military planning and training for MSCA.


5.10.2. Lead DoD liaison with FEMA and other Federal Agencies at the Federal Regions, including utilization of the RMEC Teams.


5.10.3. Continue to develop, maintain, and disseminate the DODRDB.



5.10.3.1. The DODRDB shall support MSCA planning for civil emergencies or attacks, as well as post-disaster and post-attack damage and residual capability assessment by field elements of the DoD Components. It shall include essential information on resources routinely held by the DoD Components and directly applicable to lifesaving, survival, and immediate recovery aspects of MSCA.



5.10.3.2. Forces to be included in the DODRDB are those that are based in the United States and its territories and most capable of supporting civil emergency functions. Those forces include (but are not limited to) construction, airlift, medical, signal, transportation, and military police elements, and training base forces of all Services. The DODRDB will not include strategic forces or any other forces identified for exclusion by the Chairman of the Joint Chiefs of Staff, unless otherwise directed by the Secretary of Defense.



5.10.3.3. The DODRDB shall serve as the basis for emergency reports under continuity of operations, damage assessment, and residual capabilities, and shall include (but not be limited to) reports through the STARCs required by subsection 6.2. of DoD Directive 3020.26 (reference (t)).


5.10.4. Plan and conduct civil-military training courses and exercises in conjunction with FEMA.

5.11. The Commander in Chief, Forces Command; the Commander in Chief, U.S. Atlantic Command; and the Commander in Chief, U.S. Pacific Command, shall:

5.11.1. In accordance with guidance from the DoD Executive Agent communicated through the Chairman of the Joint Chiefs of Staff:


5.11.1.1. Serve as DoD Planning Agents for MSCA for the areas specified in paragraph 4.3.3., above; and develop MSCA plans and preparedness measures for their MSCA areas of responsibility.



5.11.1.2. Ensure cooperative planning for MSCA operations between DoD
Components, FEMA, and other Federal or State civil agencies, as required.



5.11.1.3. Utilize RMEC teams to assist in plan development.



5.11.1.4. Coordinate with the STARCs through channels established by the Secretary of the Army; and utilize liaison officers provided for in DoD Directive 1215.6 (reference (l)) and others, as appropriate, to facilitate coordination of emergency planning.



5.11.1.5. Plan to perform any designated function of the DoD Executive Agent under this Directive, if ordered by the Secretary of Defense in time of war or attack on the United States.



5.11.1.6. Evaluate MSCA plans, preparedness measures, and training in joint civil military exercises.


5.11.2. Furnish MSCA as directed by the DoD Executive Agent. Employ RMEC Teams and liaison officers, as appropriate, to coordinate emergency response operations with civil agencies, the National Guard, the Military Departments and the CINCs.


5.11.3. Furnish assistance to civil authorities in non-declared emergency situations when directed by the DoD Executive Agent.

5.12. The Directors of the Defense Agencies shall:

5.12.1. Designate a principal planning agent and regional planning agents for MSCA, and advise the DoD Executive Agent of such designated agents.


5.12.2. Ensure effective and efficient coordination of planning by subordinate elements with Federal Regions, STARCs, and State and local civil authorities, through the DoD Planning Agents, as directed by the DoD Executive Agent.


5.12.3. Furnish resources for MSCA when directed by the DoD Executive Agent.


5.12.4. Make DoD resources available for technical support to the other DoD
Components for MSCA, when required.


5.12.5. Respond to requests by the DoD Executive Agent to identify resources for the DODRDB.


5.12.6. Provide representatives to serve on RMEC teams, as requested by the DoD
Executive Agent.

6. INFORMATION REQUIREMENTS The reporting requirements in section 5., above, are exempt from licensing in accordance with paragraph
5.4.2. of DoD 7750.5-M (reference (u)).

7. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective immediately. The DoD Executive Agent shall publish DoD 3025.1-M, "DoD Manual for Civil Emergencies," in accordance with this Directive within 120 days; and DoD Components shall revise existing documents or develop implementing documents as necessary to comply with this Directive or supplement that Manual. Forward one copy of implementing documents to the DoD Executive Agent within 120 days of receipt of that Manual.



/S/


Donald J. Atwood


Deputy Secretary of Defense
Enclosures - 2
E1. References, continued
E2. Definitions
E1. ENCLOSURE 1
REFERENCES, continued

(e) Sections 5121, et seq., of title 42, United States Code App., "The Robert T. Stafford Disaster Relief and
Emergency Assistance Act," as amended (referred to as "the Stafford Act")
(f) Sections 2251, et seq., of title 50, United States Code App.,"The Federal Civil Defense Act of 1950," as
amended
(g) DoD 5025.1-M, "DoD Directives System Procedures," December 1990, authorized by DoD Directive
5025.1, December 23, 1988
(h) DoD Directive 5100.46, "Foreign Disaster Relief," December 4, 1975
(i) DoD Directive 3025.12, "Employment of Military Resources in the Event of Civil Disturbances,"
August 19, 1971
(j) DoD Directive 5160.54, "DoD Key Assets Protection Program (KAPP)," June 26, 1989 (k) DoD Directive 5525.5, "DoD Cooperation with Civilian Law Enforcement Officials," January 15, 1986
(l) DoD Directive 1215.6, "Uniform Reserve, Training and Retirement Categories," December 18, 1990 (m) Title V of Public Law No. 101-165, "Emergency Response Fund," November 21, 1989 (n) Executive Order 12148, "Federal Emergency Management," July 20, 1979, as amended (o) DoD Directive 5030.41, "Oil and Hazardous Substances Pollution Prevention and Contingency
Program," June 1, 1977
(p) DoD Directive 5100.52, "DoD Response to an Accident or Significant Incident Involving Radioactive
Materials," December 21, 1989
(q) Public Law No. 84-99, "The Flood Control Act of 1941," August 18, 1941, as amended (33 U.S.C.
701n et seq.)
(r) DoD Directive 4500.9, "Transportation and Traffic Management," January 26, 1989
(s) DoD Directive 3020.36, "Assignment of National Security Emergency Preparedness (NSEP)
Responsibilities to DoD Components," November 2, 1988
(t) DoD Directive 3020.26, "Continuity of Operations Policies and Planning," October 24, 1985 (u) DoD 7750.5-M, "DoD Procedures for Management of Information Requirements," November 1986,
authorized by DoD Directive 7750.5, August 7, 1986
 (v) Memorandum, Deputy Secretary of Defense, "DoD Executive Agent for Support to Federal Agencies
in Immigration Emergencies," August 20, 1991 (hereby superseded)

E2. ENCLOSURE 2
DEFINITIONS


E2.1.1. Attack. Any attack or series of attacks by an enemy of the United States causing, or that
may cause, substantial damage or injury to civilian property or persons in the United States (or its territories) in any manner, by sabotage or by the use of bombs, shellfire, or nuclear, radiological chemical, bacteriological, or biological means, or other weapons or processes (Federal Civil Defense Act of 1950 (reference (f))).
E2.1.2. Civil Defense. All those activities and measures designed or undertaken to:

E2.1.2.1. Minimize the effects upon the civilian population caused, or that would be
caused, by an attack upon the United States or by a natural or technological disaster;

E2.1.2.2. Deal with the immediate emergency conditions that would be created by any
such attack or natural or technological disaster; and


E2.1.2.3. Effectuate emergency repairs to, or the emergency restoration of, vital utilities
and facilities destroyed or damaged by any such attack or natural or technological disaster (reference (f)).

E2.1.3. Civil Disturbances. Group acts of violence and disorders prejudicial to public law and
order within the 50 States, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof. The term "civil disturbance" includes all domestic conditions requiring the use of Federal Armed Forces, as more specifically defined in DoD Directive 3025.12 (reference (i)).
E2.1.4. Civil Emergency. Any natural or manmade disaster or emergency that causes or could
cause substantial harm to the population or infrastructure. This term can include a "major disaster" or "emergency," as those terms are defined in the Stafford Act, as amended (reference (e)), as well as consequences of an attack or a national security emergency. Under reference (e), the terms "major disaster" and "emergency" are defined substantially by action of the President in declaring that extant circumstances and risks justify his implementation of the legal powers provided by those statutes.


E2.1.5. Civil Emergency Preparedness. The non-military actions taken by Federal Agencies, the
private sector, and individual citizens to meet essential human needs, to support the military effort, to ensure continuity of Federal authority at national and regional levels, and to ensure survival as a free and independent nation under all emergency conditions, including a national emergency caused by threatened or actual attack on the United States.
E2.1.6. Civil Government Resources. Civil resources owned by, controlled by, or under the
jurisdiction of civilian agencies of the U.S. Government, or of State and local government agencies.
E2.1.7. Civil Resources. Resources that normally are not controlled by the Government, including
work force, food and water, health resources, industrial production, housing and construction, telecommunications, energy, transportation, minerals, materials, supplies, and other essential resources and services. Such resources cannot be ordered to support needs of the public except by competent civil government authority.
E2.1.8. Continental United States Airborne Reconnaissance for Damage Assessment (CARDA). A
system of aerial reconnaissance of the Continental United States for determining the effects of a nuclear attack. CARDA integrates the combined resources of all Government Agencies and Military Services for the National Command Authority.
E2.1.9. Defense Coordinating Officer (DCO). A military or civilian official of any DoD
Component, who has been designated by the DoD Executive Agent to exercise some delegated authority of
the DoD Executive Agent to coordinate MSCA activities under this Directive. The authority of each DCO will be defined in documentation issued or authorized by the DoD Executive Agent, and will be limited either to the requirements of a specified interagency planning process or to a specified geographic area or emergency. (The DoD Executive Agent also may delegate authority to designate DCOs to any DoD Planning Agent specified in this Directive.)
E2.1.10. Defense Emergency Response Fund. Established by Pub. L. No. 101-165 (1989)
(reference (m)). That law provides that, "The Fund shall be available for providing reimbursement to currently applicable appropriations of the Department of Defense for supplies and services provided in anticipation of requests from other Federal Departments and Agencies and from State and local governments for assistance on a reimbursable basis to respond to natural or manmade disasters. The Fund may be used upon a determination by the Secretary of Defense that immediate action is necessary before a formal request for assistance on a reimbursable basis is received." The Fund is applicable to Foreign Disaster Assistance under DoD Directive 5100.46 (reference (h)), and to MSCA under the authority of this Directive.

E2.1.11. DoD Executive Agent. The individual designated by position to have and to exercise the assigned responsibility and delegated authority of the Secretary of Defense, as specified in this Directive.

E2.1.12. DoD Planning Agent. An individual designated by position to facilitate and coordinate MSCA contingency planning (and MSCA operations when ordered) by all DoD Components within an assigned geographic area in accordance with the requirements of this Directive.

E2.1.13. DoD Resources. Military and civilian personnel, including Selected and Ready Reservists of the Military Services, and facilities, equipment, supplies, and services owned by, controlled by, or under the jurisdiction of a DoD Component.

E2.1.14. Federal Function. Any function, operation, or action carried out under the laws of the United States by any Department, Agency, or instrumentality of the United States, or by an officer or employee thereof.

E2.1.15. Federal Property. Property that is owned, leased, possessed, or occupied by the Federal Government.

E2.1.16. Federal Region. A grouping of States and territories of the United States, by which FEMA coordinates responsibilities of the State governments with those of Federal Departments and Agencies, for disaster relief, civil defense, and planning for both civil and national security emergencies. These regions are sometimes referred to as "FEMA Regions" to distinguish them from any one of the various regional alignments of other Federal Departments and Agencies, all of which are circumscribed by FEMA's coordination authority. Today, there are ten Federal Regions, but the term is used generally to facilitate MSCA regardless of the number of Federal Regions at any time.

E2.1.17. Federal Response Plan. The inter-departmental planning mechanism, developed under FEMA leadership, by which the Federal Government prepares for and responds to the consequences of catastrophic disasters. Federal planning and response are coordinated on a functional group basis, with designated lead and support agencies for each identified functional area.

E2.1.18. Immediate Response. Any form of immediate action taken by a DoD Component or military commander, under the authority of this Directive and any supplemental guidance prescribed by the Head of a DoD Component, to assist civil authorities or the public to save lives, prevent human suffering, or mitigate great property damage under imminently serious conditions occurring where there has not been any declaration of major disaster or emergency by the President or attack.

E2.1.19. Imminently Serious Conditions. Emergency conditions in which, in the judgment of the military commander or responsible DoD official, immediate and possibly serious danger threatens the public and prompt action is needed to save lives, prevent human suffering, or mitigate great property damage. Under these conditions, timely prior approval from higher headquarters may not be possible before action is necessary for effective response.

E2.1.20. Military Resources. Military and civilian personnel, facilities, equipment, and supplies under the control of a DoD Component.

E2.1.21. Military Support to Civil Authorities (MSCA). Those activities and measures taken by the DoD Components to foster mutual assistance and support between the Department of Defense and any civil government agency in planning or preparedness for, or in the application of resources for response to, the consequences of civil emergencies or attacks, including national security emergencies.

E2.1.22. National Disaster Medical System (NDMS). An inter-departmental national mutual aid system developed by Federal Departments and Agencies to provide for the medical needs of victims of major disasters, and to provide backup support for medical systems of the Departments of Defense and Veterans Affairs in caring for casualties from military conflicts. The Department of Health and Human Services serves as the lead Federal Agency for administering NDMS, and would coordinate NDMS

d during any period of attack or national
se

operations in response to civil emergencies. The Department of Defense could activate and coordinate NDMS operations in support of military contingencies.

E2.1.23. National Security Emergency. Any occurrence, including natural disaster, military attack,
technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States (E.O. 12656 (reference (d)).
E2.1.24. Planning Agent. A military or civilian official of any DoD Component, who has been
designated by the Head of that Component to exercise delegated authority for MSCA planning for the entire Component (i.e., "principal planning agent") or for certain subordinate elements or a specified geographic area (e.g., "regional planning agents"). Authority and responsibilities of each planning agent will be defined by the Component, and may include MSCA response as well as planning at the election of any Component. The actual authority of planning agents will be communicated to others, as determined by the DoD Component, or when requested by the DoD Executive Agent.
E2.1.25. Regional Military Emergency Coordinator (RMEC). An individual, designated on behalf
of the Secretary of Defense and the DoD Executive Agent, to perform coordination, information exchange, and liaison functions on behalf of the Department of Defense with any Federal emergency management structure established at the Region level. Alternate RMECs are designated by other DoD Components, as required, in accordance with this Directive; and the RMECs and alternates collectively are referred to as
"RMEC Teams."
E2.1.26. Residual Capability Assessment (RECA). An assessment of the effects of a nuclear or
conventional attack on U.S. resources, or of a major peacetime disaster that results in the declaration of a
national security emergency. Such an assessment is made (through all appropriate means) to determine the remaining capabilities of the United States with emphasis on military preparedness.
E2.1.27. Resource Claimancy. The procedure, employe
curity emergency, whereby authorized Federal Agencies determine definitive requirements and justify
the allocation of civil government and civil resources needed to support programs under their cognizance. It does not imply procurement activity, nor does it involve the Government as an intermediary in the normal mechanisms of trade other than in expediting essential activities and ensuring equitable distribution of civil resources. Resource claimancy occurs at both the national and regional levels.
E2.1.28. State Area Commands (STARCs)
. Specific headquarters units of the Army National
Guard for each State, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.


## Appendix **5-16:** 3025.1-M, Manual For Civil Emergencies Source: Http://Www.Dtic.Mil/Whs/Directives/Corres/Html/30251M.Htm Appendix **5-17:** Federal Response Plan This Plan Has Been Replaced By The National Response Plan Located At Appendix 5-24 Below. Appendix **5-18:** National Oil And Hazardous Substances Pollution Contingency Plan For The Complete Text Of 40 Cfr 300, See: Http://Ecfr.Gpoaccess.Gov/Cgi/T/Text/Textidx?C=Ecfr&Sid=8F2A607E9D482Ff9F41B1F7Baf4Aeb28&Rgn=Div5&View=Text &Node=40:26.0.1.1.1&Idno=40 The Following Article Summarizes National Oil And Hazardous Substances Pollution Plan: Source: Http://Homer.Ornl.Gov/Oepa/Guidance/Cwa/Ncp_Rev.Pdf


## Appendix **5-19:** Federal Radiological Emergency Response Plan *This Plan Has Been Replaced By The National Response Plan Located At* Appendix 5-24 Below. Appendix **5-20:** United States Government Interagency Domestic Terrorism Concept Of Operations Plan



Source:  http://www.fbi.gov/publications/conplan/conplan.pdf

## Appendix **5-21:** Draft Initial National Response Plan This Plan Has Been Replaced By The National Response Plan Located At Appendix 5-24 Below. Appendix **5-22:** Initial National Response Plan This Plan Has Been Replaced By The National Response Plan Located At Appendix 5-24 Below. Appendix **5-23:** National Incident Management System (Nims) A Copy Will Be Posted On The Clamo Database. Source:  Http://Www.Dhs.Gov/Interweb/Assetlibrary/Nims-90-Web.Pdf


APPENDIX **5-24:** NATIONAL RESPONSE PLAN (NRP)

## Appendix 6 Dod Response For Consequence Management Appendix **6-1:** Unified Command Plan 02 See Clamo Document Database At Htwww.Jagcnet.Army.Mil/Clamoth Appendix **6-2:** Cjcs Conplan 0500-98, Military Assistance To Domestic Consequence Management Operations In Response To A Chemical, Biological, Radiological, Nuclear, Or High-Yield Explosive Situation (U) See Clamo Document Database At Htwww.Jagcnet.Army.Mil/Clamoth Appendix **6-3:** Department Of Defense Directive 3025.1, Military Support To Civil Authorities See Appendix 5-15 Appendix **6-4:** Department Of Defense Directive 3025.15, Military Assistance To Civilian Authorities See Appendix 4-9 Appendix **6-5:** Cjcsi 3110.16, Military Capabilities, Assets And Units For Chemical, Biological, Radiological, Nuclear, And High Yield Explosive Consequence Management Operations Http://Www.Dtic.Mil/Cjcs_Directives/Cdata/Unlimit/3214_01.Pdf Appendix **6-6:** Joint Publication 3-26,  Joint Doctrine For Homeland Security (Final Coordination Draft, 26 Mar 04) Ht**Http://Www.Dtic.Mil/Doctrine/Jel/Ddrraafftt_Pubs/3_26Fc.Pdf**Th Caution: Draft Publications Do Not Represent Official Joint Doctrine And Cannot Be Used As An Authoritative Source Appendix 7 Military Support To Special Events Appendix **7-1:** 10 U.S.C.  2012 - Support And Services For Eligible Organizations And Activities Outside The Department Of Defense Sec. 2012. - Support And Services For Eligible Organizations And Activities Outside Department Of Defense T**(A)** Tauthority To Provide Services And Support. -T

Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may in accordance with this section authorize units or individual members of the armed forces under that Secretary's jurisdiction to provide support and services to non-Department of Defense organizations and activities specified in subsection (e), but only if -
T**(1)** Tsuch assistance is authorized by a provision of law (other than this section); or T**(2)** Tthe provision of such assistance is incidental to military training.
T**(b)** TScope of Covered Activities Subject to Section. -T
This section does not -
T**(1)** Tapply to the provision by the Secretary concerned, under regulations prescribed by the Secretary of Defense, of customary community relations and public affairs activities conducted in accordance with Department of Defense policy; or
T**(2)** Tprohibit the Secretary concerned from encouraging members of the armed forces under the Secretary's jurisdiction to provide volunteer support for community relations activities under regulations prescribed by the Secretary of Defense.
T**(c)** TRequirement for Specific Request. -T
Assistance under subsection (a) may only be provided if -
T**(1)** Tthe assistance is requested by a responsible official of the organization to which the assistance is to be provided; and
T**(2)** Tthe assistance is not reasonably available from a commercial entity or (if so available) the official submitting the request for assistance certifies that the commercial entity that would otherwise provide such services has agreed to the provision of such services by the armed forces.
T**(d)** TRelationship to Military Training. -T
T**(1)** TAssistance under subsection (a) may only be provided if the following requirements are met:
T**(A)** TThe provision of such assistance -
T**(i)** Tin the case of assistance by a unit, will accomplish valid unit training requirements; and
T**(ii)** Tin the case of assistance by an individual member, will involve tasks directly related to the specific military occupational specialty of the member.
T**(B)** TThe provision of such assistance will not adversely affect the quality of training or otherwise interfere with the ability of a member or unit of the armed forces to perform the military functions of the member or unit.
T**(C)** TThe provision of such assistance will not result in a significant increase in the cost of the training.
T**(2)** TSubparagraph (A)(i) of paragraph (1) does not apply in a case in which the assistance to be provided consists primarily of military manpower and the total amount of such assistance in the case of a particular project does not exceed 100 man-hours.

## T**(E)** Teligible Entities. -T

The following organizations and activities are eligible for assistance under this section:
T**(1)** TAny Federal, regional, State, or local governmental entity. T**(2)** TYouth and charitable organizations specified in section HT508TH of title HT32TH. T**(3)** TAny other entity as may be approved by the Secretary of Defense on a case-by-case basis.

## T**(F)** Tregulations. -T

The Secretary of Defense shall prescribe regulations governing the provision of assistance under this section. The regulations shall include the following:
T**(1)** TRules governing the types of assistance that may be provided. T**(2)** TProcedures governing the delivery of assistance that ensure, to the maximum extent practicable, that such assistance is provided in conjunction with, rather than separate from, civilian efforts.
T**(3)** TProcedures for appropriate coordination with civilian officials to ensure that the assistance -
T**(A)** Tmeets a valid need; and T**(B)** Tdoes not duplicate other available public services.
T**(4)** TProcedures to ensure that Department of Defense resources are not applied exclusively to the program receiving the assistance.

## T**(G)** Ttreatment Of Member's Participation In Provision Of Support Or Services. -T

T**(1)** TThe Secretary of a military department may not require or request a member of the armed forces to submit for consideration by a selection board (including a promotion board, command selection board, or any other kind of selection board) evidence of the member's participation in the provision of support and services to non-Department of Defense organizations and activities under this section or the member's involvement in, or support of, other community relations and public affairs activities of the armed forces.
T**(2)** TParagraph (1) does not prevent a selection board from considering material submitted voluntarily by a member of the armed forces which provides evidence of the participation of that member or another member in activities described in that paragraph.

## T**(H)** Tadvisory Councils. -T

T**(1)** TThe Secretary of Defense shall encourage the establishment of advisory councils at regional, State, and local levels, as appropriate, in order to obtain recommendations and guidance concerning assistance under this section from persons who are knowledgeable about regional, State, and local conditions and needs.
T**(2)** TThe advisory councils should include officials from relevant military organizations, representatives of appropriate local, State, and Federal agencies, representatives of civic and social service organizations, business representatives, and labor representatives.
T**(3)** TThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to such councils.

## T**(I)** Tconstruction Of Provision. -T

Nothing in this section shall be construed as authorizing -
T**(1)** Tthe use of the armed forces for civilian law enforcement purposes or for response to natural or manmade disasters; or
T**(2)** Tthe use of Department of Defense personnel or resources for any program, project, or activity that is prohibited by law.

## T**(J)** Toversight And Cost Accounting. -T

The Secretary of Defense shall establish a program to improve the oversight and cost accounting of training projects conducted in accordance with this section. The program shall include measures to accomplish the following:
T**(1)** TEnsure that each project that is proposed to be conducted in accordance with this section
(regardless of whether additional funding from the Secretary of Defense is sought) is requested in writing, reviewed for full compliance with this section, and approved in advance of initiation by the Secretary of the military department concerned and, in the case of a project that seeks additional funding from the Secretary of Defense, by the Secretary of Defense.
T**(2)** TEnsure that each project that is conducted in accordance with this section is required to provide, within a specified period following completion of the project, an after-action report to the Secretary of Defense.
T**(3)** TRequire that each application for a project to be conducted in accordance with this section include an analysis and certification that the proposed project would not result in a significant increase in the cost of training (as determined in accordance with procedures prescribed by the Secretary of Defense).
T**(4)** TDetermine the total program cost for each project, including both those costs that are borne by the military departments from their own accounts and those costs that are borne by defense-wide accounts.
T**(5)** TProvide for oversight of project execution to ensure that a training project under this section is carried out in accordance with the proposal for that project as approved

Source: HThttp://www4.law.cornell.edu/uscode/10/2012.htmlTH


## Appendix **7-2:** 10 U.S.C. 2554 - Provision Of Support For Certain Sporting Events Sec. 2554. - Equipment And Other Services: Boy Scout Jamborees

T**(a)** TThe Secretary of Defense is hereby authorized, under such regulations as he may prescribe, to lend to the Boy Scouts of America, for the use and accommodation of Scouts, Scouters, and officials who attend any national or world Boy Scout Jamboree, such cots, blankets, commissary equipment, flags, refrigerators, and other equipment and without reimbursement, furnish services and expendable medical supplies, as may be necessary or useful to the extent that items are in stock and items or services are available.
T**(b)** TSuch equipment is authorized to be delivered at such time prior to the holding of any national or world Boy Scout Jamboree, and to be returned at such time after the close of any such jamboree, as may be agreed upon by the Secretary of Defense and the Boy Scouts of America. No expense shall be incurred by the United States Government for the delivery, return, rehabilitation, or replacement of such equipment.
T**(c)** TThe Secretary of Defense, before delivering such property, shall take from the Boy Scouts of America, good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States.
T**(d)** TThe Secretary of Defense is hereby authorized under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Air Mobility Command for
T**(1)** Tthose Boy Scouts, Scouters, and officials certified by the Boy Scouts of America, as representing the Boy Scouts of America at any national or world Boy Scout Jamboree, and
T**(2)** Tthe equipment and property of such Boy Scouts, Scouters, and officials and the property loaned to the Boy Scouts of America, by the Secretary of Defense pursuant to this section to the extent that such transportation will not interfere with the requirements of military operations.
T**(e)** TBefore furnishing any transportation under subsection (d), the Secretary of Defense shall take from the Boy Scouts of America, a good and sufficient bond for the reimbursement to the United States by the Boy Scouts of America, of the actual costs of transportation furnished under this section.
T**(f)** TAmounts paid to the United States to reimburse it for expenses incurred under subsection (b) and for the actual costs of transportation furnished under subsection (d) shall be credited to the current applicable appropriations or funds to which such expenses and costs were charged and shall be available for the same purposes as such appropriations or funds.
T**(g)** TIn the case of a Boy Scout Jamboree held on a military installation, the Secretary of Defense may provide personnel services and logistical support at the military installation in addition to the support authorized under subsections (a) and (d).

## T**(H)** Tother Departments Of The Federal Government Are Authorized, Under Such Regulations As May Be Prescribed By The Secretary Thereof, To Provide To The Boy Scouts Of America, Equipment And Other Services, Under The Same Conditions And Restrictions Prescribed In The Preceding Subsections For The Secretary Of Defense Source: Http://Www4.Law.Cornell.Edu/Uscode/10/2554.Html Appendix **7-3:** Pdd 62 - Protection Against Unconventional Threats To The Homeland And Americans Overseas See Appendix 5-8 Appendix **7-4:** Dodd 1100.20 - Support And Services For Eligible Organizations And Activities Outside The Department Of Defense Department Of Defense Directive Number 1100.4 August 20, 1954

Certified Current as of November 21, 2003 SUBJECT: Guidance for Manpower Programs References:(a) DoD Directive 1100.2, "Preparation, Evaluation and Administration of Manpower Programs," August 20, 1953
1. PURPOSE
1.1. In accordance with reference (a), the Assistant Secretary of Defense (Manpower and Personnel) will issue each fiscal year guidance to be used by the Services in the preparation and administration of their manpower programs and will review such programs, military and civilian. This guidance will include the strengths to be used for programming and such detailed information, policies, and instructions as are pertinent to the fiscal year program under development.

1.2. The purpose of this Directive is to prescribe the continuing general manpower policies upon guidance such guidance shall be based.

2. OBJECTIVE Accomplish approved national military objectives with a minimum of manpower so organized and employed as to provide maximum effectiveness and combat power. To this end, each Service shall seek optimum personnel utilization, maintain a high level of personnel performance and morale, and accomplish missions with a minimum number of personnel.

3. MANPOWER REQUIREMENTS
3.1. Each Service shall undertake only such programs as are actually essential, and shall program manpower requirements at the minimum necessary to achieve specific vital objectives.



3.2. Each Service shall program within the strengths confirmed by the Secretary of Defense with first priority assigned to major combat forces. Major combat units will be manned in accordance with Joint Chiefs of Staff guidance as approved by the Secretary of Defense. Remaining forces will be manned, within approved total strengths, adequately to support combat forces.

3.3. In areas which require military personnel only, manpower requirements shall be based upon applicable manning documents, with authorized strengths held to a minimum consistent with assigned tasks and missions. Civilian requirements will be determined on the basis of planning and workload factors with strengths maintained at the minimum necessary to accomplish the required tasks. In areas which require both military and civilian personnel, manpower requirements shall be determined as a total.

3.4. The highest practicable proportion of Operating Forces to total forces will be maintained.

Within the Operating Forces emphasis will be placed on reducing support-type positions.


4. PERSONNEL UTILIZATION
4.1. Management improvement programs will be pursued with a view toward correlating job requirements and personnel qualifications, preventing non-essential or marginal employment, and maintaining the grade requirement of each space consistent with the responsibility thereof.

4.2. Civilian personnel will be used in positions which do not require military incumbents for reasons of law, training, security, discipline, rotation, or combat readiness, which do not require a military background for successful performance of the duties involved, and which do not entail unusual hours not normally associated or compatible with civilian employment.

4.3. Maximum stability of personnel assignment and minimum rotation or turnover will be maintained to the extent consistent with requirements of training readiness, and morale. Voluntary enlistment and reenlistment will be emphasized and encouraged, in order to increase the level of training, experience, and combat readiness of our forces, and minimize involuntary induction.

4.4. Optimum performance, standards and discipline will be sought at all levels. To this end, command authority will be maintained commensurate with responsibility. Officer and noncommissioned officer responsibility and prestige will be safe-guarded by avoidance of over-centralization, over-supervision, or over-management.


4.5. No policy including fiscal policy will be established without full evaluation of its effect on morale and effectiveness of personnel. Manning levels of staffs, headquarters, attache posts, and similar assignments will be maintained at lowest practicable levels.

4.6. Travel time and costs will be maintained at lowest levels consistent with other requirements.

The number of personnel in non-available status will be held as low as feasible. Specifically, time awaiting transportation, assignment, or trial will be minimized.

4.7. Indigenous personnel will be utilized to the maximum extent practicable consistent with security and the necessity of maintaining a high state of readiness.

4.8. Necessary steps will be taken to avoid all types of dual staffing of positions.


5. FACILITIES AND MATERIEL

In planning the establishment, activation, transfer, deployment or redeployment of units, consideration will be given to availability of facilities, present or planned, for housing, training and support. The phasing of personnel, facilities, equipment, and materiel will be coordinated.

6. TRAINING
6.1. Training programs will be based on the planned force structure, numbers of personnel presently qualified in each category, and the estimated gains and losses in each occupational category.

Training time, costs, and overhead will be maintained as low as is consistent with training requirements.

Large fluctuations in training loads will be avoided insofar as feasible.

6.2. In connection with the continuous review of standards and requirements for various types of specialties, emphasis will be given to training needs in critical specialties requiring extended training periods. Stress will be placed on utilizing to best advantage the quality of manpower actually available, particularly mentally qualified and motivated personnel with the required standards for training in special categories. Periods of productive service must be established which will give adequate return for cost of training.

6.3. Training in formal or technical schools will be utilized only to the extent to which training requirements exist which cannot be adequately or profitably met by on-the-job training. Formal training should be followed as soon as feasible by on-the-job application of learned skills.

6.4. Advanced training for short-term or non-career personnel and post-graduate instruction for officers will be limited to areas meeting definite needs of the Services.

6.5. Training facilities should be utilized at maximum practicable efficiency. The length of each course should be minimized to that required to accomplish the primary missions. The input of students should be phased to avoid peak loads, and overall load stabilized so as to permit minimum feasible overhead.

7. RESERVE FORCES
7.1. The Reserve components programs will be prepared in accordance with existing laws, on the basis of mobilization requirement, and the feasibility of meeting these requirements in the year programmed.

7.2. Personnel having a remaining Ready Reserve service obligation on release from active duty shall be informed immediately prior to such release of their duty, as prescribed by the Universal Military Training and Service Act, as amended, to participate in an accredited training program in the Ready Reserve. Such personnel shall, if qualified, and if a mobilization requirement exists in an available unit, be transferred upon their release from active duty to such unit of the Ready Reserve of the appropriate Reserve component for the remainder of their Ready Reserve service obligation unless sooner released because of availability of replacements.

7.3. Personnel participation in Reserve training program in a drill pay status will be limited to those personnel for whom mobilization requirements exist and who have been determined to be available upon mobilization.

7.4. Every effort will be made to reduce the turnover of personnel in Reserve units and to bring enlisted-officer ratios, and pay grade distribution within each into balance with requirements.



7.5. Emphasis will be placed on improving the training given the Reservists both as to quality and level of instruction and by improved administration within units.



/S/


Secretary of Defense

## Appendix **7-5:** Dodd 2000.15 - Support To Special Events Department Of Defense Directive Number 2000.15 November 21, 1994

Certified Current as of December 8, 2003

SUBJECT: Support to Special Events References:
(a) Assistant Secretary of Defense Memorandum, "DoD Defense Support to International Special Events," August 12, 1993 (hereby canceled)
(b) Deputy Secretary of Defense Memorandum, "DoD Support to International Sporting Events," February 20, 1990 (hereby canceled) (c) Deputy Secretary of Defense Memorandum, "DoD Support to the 1990 Goodwill Games," October 24, 1988 (hereby canceled) (d) Secretary of Defense Memorandum, "DoD Support to International Sporting Events Held in the United States," July 11, 1988 (hereby canceled) (e) through (h), see enclosure 1

1. PURPOSE This Directive:
1.1. Supersedes references (a) through (g).

1.2. Establishes policy and assigns responsibilities for managing DoD support to international and national special events.

2. APPLICABILITY

This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff and the Defense Agencies (hereafter referred to collectively as "the DoD
Components"). The term "Military Departments," as used herein, refers to the Army, the Navy, the Air Force, and the Marine Corps (including their National Guard and Reserve components).

3. DEFINITIONS
3.1. Special Event. A planned program of athletic competition and related activities involving participants from the United States and/or other nations. Historic examples of such events are the Olympic Games, the Pan American Games, the World University Games, and the International Special Olympics.

The Secretary of Defense may also designate non-athletic international or national events to receive support in accordance with this Directive. Historic examples of such non-athletic special events include Summits, World's Fairs, and the Universal Postal Union Congress.

3.2. Support. Support may include equipment, personnel, technical or managerial advice, or guidance. Support may be funded on a reimbursable basis or by specific appropriation.

4. POLICY It is DoD policy that:

4.1. DoD resources may be used to provide support for international and national special events as
authorized by law.
4.2. The Department of Defense may support such events with personnel and equipment, barring
interference with primary DoD mission accomplishment, and in accordance with applicable laws and
regulations.
4.3. Security-related support for the event shall have precedence over logistics assistance;
however, logistics assistance may be provided if deemed appropriate and necessary, contingent on
authorizing statutes and local community capabilities.
4.4. Support may either be on a reimbursable basis in accordance with DoD 7000.14-R, Volume 2,
(reference (h)), or with appropriations specifically provided. The Department of Defense shall be
considered the supplier of last resort.
4.5. Such support shall be provided in the most efficient manner. The central coordination and
management function is deemed necessary and is assigned to the Office of the Under Secretary of Defense for Personnel and Readiness (USD(P&R)). The DoD Components shall neither offer nor provide direct support to public and private organizations involved in sponsoring events covered by this Directive.
5. RESPONSIBILITIES
5.1. The Under Secretary of Defense for Personnel and Readiness shall manage all DoD support
and activities for international and national special events and shall, in accordance with law and regulations, do the following:

5.1.1. Represent the Department of Defense with other Federal Agencies, State and local
governments, and private organizers in planning and managing DoD support to international special events.

5.1.2. Develop policies, plans, and procedures for the delivery of DoD support to special
events.

5.1.3. Manage the delivery of DoD personnel and equipment assets to special event
organizers, State and local governments, and other bodies authorized to receive DoD support.


5.1.4. Manage the expenditure of appropriated funds or acquire reimbursement as
directed by applicable laws and regulations.

5.1.5. Obtain materials, services, facilities, and equipment to be used for special event
support activities through contracting or established supply channels operated by the Department of Defense or other Federal Agencies.

5.1.6. Establish and operate a system for delivering DoD assets to authorized recipients
and for recovering loaned assets at the conclusion of the event.

5.1.7. Maintain a system for the management, storage, and maintenance of DoD
equipment for use in special events, and maintain internal controls to ensure the security and accountability
of DoD assets at all times.

5.1.8. Ensure the agency authorized to accept DoD assets provides a surety bond or other
suitable insurance protection to cover the cost of lost, stolen, or damaged DoD property.


5.1.9. Establish and maintain effective liaison with the DoD Components for the timely exchange of information about special event projects.



5.1.10. Provide support to other events as directed by the Secretary of Defense.



5.2. The Heads of the DoD Components shall designate a Special Events Coordinator. The Coordinator shall notify the USD(P&R) of the designation within 90 days. The Coordinator shall be responsible for providing timely information and technical support to USD(P&R), to include ensuring that equipment and personnel resources are made available when requested by USD(P&R), within the constraints of operational requirements and the impact on readiness.

5.3. The Secretaries of the Military Departments shall assign Military Service personnel to USD(P&R) to support international special events. These assignments may be on a short-term basis for specific events, within the constraints of operational requirements and the impact on readiness.

6. EFFECTIVE DATE This Directive is effective immediately.



/S/


John M. Deutch


Deputy Secretary of Defense Enclosures - 1
E1. References, continued

E1. ENCLOSURE 1
REFERENCES, continued

(e) Deputy Secretary of Defense Memorandum, "DoD Support to the 1988 Winter and Summer Olympic Games," July 25, 1986 (hereby canceled)
(f) Secretary of Defense Memorandum, "DoD Support to the 1987 Pan American Games," February 24,
1986 (hereby canceled)
(g) Secretary of Defense Memorandum, "1984 Los Angeles Summer Olympic Games," September 27,
1982 (hereby canceled)
(h) DoD 7000.14-R, "Department of Defense Financial Management Regulation," Volume 2A & 2B,
"Budget Formulation and Presentation," June 1993
APPENDIX **7-6:** IRT POLICY

## Appendix 8 Miscellaneous Support Operations Appendix **8-1:** 10 U.S.C  2012 - Support And Services For Eligible Organizations And Activities Outside Dod See Appendix 7-1 Appendix **8-2:** 32 U.S.C  508 - Assistance For Certain Youth And Charitable Organizations Sec. 508. - Assistance For Certain Youth And Charitable Organizations

T**(a)** TAuthority To Provide Services. T
Members and units of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training required under this chapter in any case in which -
T**(1)** Tthe provision of such services does not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit;
T**(2)** Tthe services to be provided are not commercially available, or any commercial entity that would otherwise provide such services has approved, in writing, the provision of such services by the National Guard;
T**(3)** TNational Guard personnel will enhance their military skills as a result of providing such services; and
T**(4)** Tthe provision of the services will not result in a significant increase in the cost of the training.
T**(b)** TAuthorized Services. T
The services authorized to be provided under subsection (a) are as follows:

T**(1)** TGround transportation. T**(2)** TAir transportation in support of Special Olympics. T**(3)** TAdministrative support services. T**(4)** TTechnical training services.
T(5)TEmergency medical assistance and services. T**(6)** TCommunications services.
T**(c)** TOther Authorized Assistance. T
Facilities and equipment of the National Guard, including military property of the United States issued to the National Guard and General Services Administration vehicles leased to the National Guard, and General Services Administration vehicles leased to the Department of Defense, may be used in connection with providing services to any eligible organization under this section.

## T**(D)** Teligible Organizations. T

The organizations eligible to receive services under this section are as follows:

T**(1)** TThe Boy Scouts of America.T T**(2)** TThe Girl Scouts of America. T**(3)** TThe Boys Clubs of America.T T**(4)** TThe Girls Clubs of America. T**(5)** TThe Young Men's Christian Association.T T**(6)** TThe Young Women's Christian Association. T**(7)** TThe Civil Air Patrol.T T**(8)** TThe United States Olympic Committee. T**(9)** TThe Special Olympics.T T**(10)** TThe Campfire Boys.
T**(11)** TThe Campfire Girls.T T**(12)** TThe 4-H Club. T**(13)** TThe Police Athletic League.T

## T**(14)** Tany Other Youth Or Charitable Organization Designated By The Secretary Of Defense Appendix **8-3:** Pdd-63, Critical Infrastructure Protection See Appendix 5-8 Appendix 8-4: Eo 12241 - National Contingency Plan (Ncp) See Appendix 5-1 Appendix **8-5:** Eo 12580 - Superfund Implementation See Appendix 5-3 Appendix **8-6:** Eo 12656 - Assignment Of Emergency Preparedness Responsibilities See Appendix 4-11 Appendix **8-7:** Eo 12657 - Federal Emergency Management Agency Assistance In Emergency Preparedness Planning At Commercial Nuclear Power Plants See Appendix 5-4 Appendix **8-8:** Dodd 3020.26 - Continuity Of Operations (Coop) Policy And Planning Department Of Defense Directive Number 3020.26 May 26, 1995

USD(P)
SUBJECT: Continuity of Operations (COOP) Policy and Planning References:
(a) DoD Directive 3020.26, "Continuity of Operations Policies and Planning," October 24, 1985 (hereby canceled) (b) Executive Order 12656, "Assignment of Emergency Preparedness Responsibilities," November 18, 1988 (c) Executive Order 12787, "The Order of Succession of Officers to Act as Secretary of Defense," December 31, 1991

1. REISSUANCE AND PURPOSE This Directive reissues reference (a) to update responsibilities to ensure effective performance of critical DoD missions and continuation of mission-essential functions during emergencies.

2. APPLICABILITY This Directive applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, and the Defense Agencies
(hereafter referred to collectively as "the DoD Components"). The term "Military Services," as used herein, also refers to the Coast Guard when it is operating as a Military Service in the Navy.

3. DEFINITIONS
3.1. Continuity of Government (COG). The continuity of mission-essential functions of all Federal Departments and Agencies during any national security emergency through a system that:

3.1.1. Provides for succession to office and emergency delegation of authority, in accordance with applicable law; and

3.1.2. Establishes emergency operating capabilities that include safekeeping of key people and essential resources, facilities, and records.

3.2. Continuity of Operations (COOP). The capability of a DoD Component to continue missionessential functions without unacceptable interruption. COOP planning includes preparatory measures, response actions, and restoration activities planned or taken to ensure continuation of these functions to maintain military effectiveness, readiness, and survivability.

3.3. Mission-Essential Functions. Those continuing functions that must be performed to achieve the DoD's critical missions. Those comprise, but are not limited to, the following:

3.3.1. Command and control of assets.


3.3.2. The receipt, assessment, analysis, processing, display, and dissemination of information necessary to perform critical missions and support decision making.


3.3.3. Other operations that must be performed to achieve mission success.

3.4. National Security Emergency. Any occurrence including, but not limited to, natural disaster, military attack, technological failures, civil unrest, or other disruptive condition that seriously degrades or threatens the national security of the United States.

4. POLICY

It is DoD policy that:
4.1. The DoD Components shall plan for and take actions to ensure that mission-essential functions shall continue effectively and without interruption by establishing COOP plans that:

4.1.1. Enhance DoD COG planning.


4.1.2. Anticipate any national security emergency with flexible and responsive plans.


4.1.3. Are executable when there is little or no warning.



4.1.4. Anticipate hostile action directed against DoD activities anywhere in the world.

That includes surprise attacks by any means prior to relocation or protective measures taking place.

Protective plans shall be executed when sufficient warning of destructive actions exists.

4.2. The DoD Components shall prioritize mission-essential functions and identify those that can be deferred during a national security emergency until time and resources permit restoration. The DoD
Components shall consider the impact on other DoD Components when identifying functions that can be deferred.


4.3. COOP shall be addressed in three basic phases, as follows:

4.3.1. Pre-event actions provide protective efforts to ensure continuity and plans to restore deferred functions.


4.3.2. Trans-event actions are taken during the causative event. Priority shall be given to maintenance of functions, military operations and logistical support thereof, maintenance and restoration of law and order, military support to civil authorities, and damage and residual resource assessment.


4.3.3. Post-event actions shall focus on full restoration of military operations, communications and transportation, and less essential functions. Headquarters staffs, capabilities, and functions shall be reconstituted as resources permit.

4.4. COOP plans and programs shall identify critical requirements and procurement needs. DoD
Component management and Command, Control, Communications, and Intelligence functions that support the National Military Command System and the Unified Combatant Commands require capabilities that are as robust as those of the forces and leadership structure they support.

4.5. COOP plans shall specify emergency and alternate staffs as necessary during the implementation of COOP plans such that:

4.5.1. The emergency coordinating staff (ECS) is minimal and able to execute those tasks necessary to transition or relocate operations from a primary to an emergency relocation site (ERS).


4.5.2. The alternate command staff (ACS) may be assigned permanently or on rotation to an Alternate Headquarters (AH). The purpose of the ACS is to do the following:


4.5.2.1. Maintain the alternate command capability.



4.5.2.2. Support the primary command center as directed until devolution of command to the AH or an ERS occurs.



4.5.2.3. Manage transition to full operations at the AH when the primary command center is not available and perform designated functions as required.



4.5.3. Successors and alternates shall be designated to replace command authorities. The conditions of replacement and responsibilities and authorities to be delegated to successors shall be shown in each DoD Component's Plan.


4.5.4. Instructions for emergency staffs shall include the staff assignments, emergency duty stations, notification procedures, and other actions to be taken in emergencies.

4.6. Alternate Headquarters and Emergency Relocation Sites

4.6.1. The DoD Components shall designate AHs or ERSs at each command level down to the lowest level necessary to meet the intent of this Directive. An AH or ERS may be shared with other organizations if the operations of both can be effectively executed simultaneously.


4.6.2. Centralized coordination and documentation in the selection of an ERS is required to prevent potential interference with or compromise of sensitive locations or operations. The DoD
Components shall designate a single point of contact (POC) for ERS coordination. Following the identification and coordination of candidate ERSs, the surveying, selection, and acquisition of an ERS for fixed and mobile headquarters is the responsibility of the DoD Component.

4.7. The DoD Components shall maintain current all necessary files, documents, computer software, and databases required to carryout COOP plans for immediate use by emergency staffs. Plans shall include instructions for establishing database content, manner of preservation, and transportation.

4.8. In the event of a national security emergency, systems of alerts, notifications, reporting, and responses that occur in civil governments and agencies nearly parallel those that occur in the DoD
Components. DoD Component plans and preparedness measures shall recognize, endeavor to assist, and take advantage of any such parallel processes as provided for by the USD(P).

4.9. The DoD Components shall issue detailed security classification guidance as follows:

4.9.1. Information that may be generally unclassified includes the following:


4.9.1.1. General duties of individuals, personal planning, advance financial arrangements, and other administrative matters that must be known by those involved in COOP planning unless classified due to other security requirements.



4.9.1.2. General information on the overall COOP planning program, existence of DoD Component alternate plans and arrangements, means to protect vital records, and plans for periodic testing to determine operational readiness.



4.9.1.3. Matters about executive guidance, such as the procedures for designating successors and delegating authority.



4.9.1.4. The use of the titles including the National Military Command Center, National Military Command Center-Site R, Federal Emergency Management Agency Special Facility, and the National Airborne Operations Center.


4.9.2. Information that shall be considered for security classification includes the following:


4.9.2.1. How and by whom people shall be alerted and individual alerting responsibilities.



4.9.2.2. Listing and location of indispensable records.



4.9.2.3. Planning assumptions on the nature of the threat and weapons effects.



4.9.2.4. Priorities for devolution of command to and between an AH or ERS.



4.9.2.5. Transportation and relocation instructions including security measures to be used to protect AH or ERS facilities and people while traveling to and occupying facilities.



4.9.2.6. Special communications preparations.



4.9.2.7. Overall strength and composition of people within AH and ERS
facilities.



4.9.2.8. Primary and alternate command center operating details.


5. RESPONSIBILITIES
5.1. The Under Secretary of Defense for Policy, shall:



5.1.1. Ensure that succession to office in the Department of Defense is implemented per
E.O. 12787 (reference (c)), as modified by law.


5.1.2. Oversee the DoD COOP program development and provide guidance.

5.1.3. Prepare the COOP plan for the OSD.

5.1.4. Receive, review, and maintain current editions of all COOP plans and notify the
DoD Components of plans that are not in compliance or are in potential conflict with other plans.

5.1.5. Identify means that may enable the DoD Components to take advantage of parallel
processes in non-DoD organizations and disseminate that information, as needed.

5.1.6. Coordinate and oversee ERS selection and issue detailed instructions, as needed.

5.1.7. Act as POC for non-DoD COOP and related policies and programs.

5.1.8. Direct and assess periodic tests of DoD COOP plans and programs.

5.1.9. Verify DoD compliance with E.O. 12656 (reference b).
5.2. The Assistant to the Secretary of Defense for Public Affairs shall issue public affairs guidance
on DoD-level COOP policies, planning, and implementation actions, and respond to any media or public queries about DoD COOP.
5.3. The Heads of the DoD Components shall:

5.3.1. Prepare, implement, and exercise COOP plans required by this Directive and shall
provide a copy of the plan to the Chairman of the Joint Chiefs of Staff; the USD(P), and each other DoD
Component or Federal Department or Agency affected per reference (b).

5.3.2. Ensure that COOP plans are updated, tested, and validated at least every 2 years.

5.3.3. Ensure, as follows, that emergency staff members are:


5.3.3.1. Cleared for access to classified materials and designated sites.


5.3.3.2. Available through alert notification and recall procedures.


5.3.3.3. Briefed on all aspects of relocating to and operating at designated sites.


5.3.3.4. Exercised in emergency relocation at least every 2 years.

5.3.4. Coordinate all external transportation requirements with the U.S. Commander in
Chief, Transportation Command (USCINCTRANS).
5.4. The Secretaries of the Military Departments, besides those actions required under paragraph
5.3., above, shall coordinate the development of and provide staff support for execution of OSD and Chairman of the Joint Chiefs of Staff COOP plans herein required.
5.5. The Secretary of the Air Force, besides those actions required under paragraphs 5.3.and 5.4.,
above, shall develop and maintain plans necessary for emergency evacuation for the National Capital Region and, with any needed assistance of the other Military Departments and the Defense Agencies,
ensure that such plans and procedures provide for orderly, phased evacuation of key people and resources during national security emergencies.

5.6. The Chairman of the Joint Chiefs of Staff, besides those actions required under paragraph
5.3.,above, shall provide planning guidance to and coordination with the Commanders of the Unified Combatant Commands, the Military Services, and the Defense Agencies.

5.7. The Commanders of the Unified Combatant Commands, besides those actions required under paragraph 5.3., above, shall ensure that:


5.7.1. Where that command possesses nuclear weapons, a capability exists to implement emergency action DoD Directives through the trans-event and post-event periods.


5.7.2. Non-nuclear commands shall be capable of providing essential support required by nuclear-capable commands during the trans-event and post-event periods.

6. EFFECTIVE DATE This Directive is effective immediately.



/s/


William J. Perry


Secretary of Defense

APPENDIX **8-9:** DODD 3020.36 - ASSIGNMENT OF NATIONAL SECURITY
EMERGENCY PREPAREDNESS (NSEP) RESPONSIBILITIES TO DOD COMPONENTS

 Department of Defense DIRECTIVE
NUMBER 3020.36
November 2, 1988

Incorporating Change 1, March 12, 1993

USD(P)

SUBJECT:Assignment of National Security Emergency Preparedness (NSEP) Responsibilities to DoD
Components References: (a) DoD Directive S-3020.36, "Assignment of Emergency Preparedness Responsibilities to
Department of Defense Components (U)," August 28, 1973 (hereby canceled)

(b) DoD Directive 5100.1, "Functions of the Department of Defense and Its Major
Components," September 25, 1987

(c) Executive Order 11490, "Assigning Emergency Preparedness Functions to Federal Departments and Agencies," October 28, 1969, as amended

(d) National Security Decision Directive (NSDD) 47, "Emergency Mobilization Preparedness," July 22, 1982

(e) through (jj), see enclosure 1

1. REISSUANCE AND PURPOSE

This Directive:
1.1. Reissues reference (a).



1.2. Updates policies and assigns responsibilities for developing emergency preparedness measures to enhance DoD readiness posture.

2. APPLICABILITY AND SCOPE This Directive applies to:
2.1. The Office of the Secretary of Defense (OSD), the Military Departments and their field activities (including their National Guard and Reserve components), the Coast Guard (by agreement with the Department of Transportation (DoT)), the Joint Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as the "DoD Components"). Guidance to the Unified and Specified Commands shall be provided by the Joint Staff.

2.2. The national security and domestic emergency preparedness functions of the various DoD
Components, including those under reference (b), that complement the civil readiness planning responsibilities of the civil Departments and Agencies. Together, these measures provide the basic foundation for an overall national preparedness posture and are fundamental to the ability of a viable Government to survive. The Department of Defense, along with the other Departments and Agencies of the Federal Government, is charged by references (c) and (d), and NSDD 188 (reference (e)) with the duty of ensuring that the United States has an emergency preparedness capability to respond decisively and effectively to any major national emergency, with defense of the United States as first priority.

3. DEFINITIONS Terms used in this Directive are defined in enclosure 2.

4. POLICY
4.1. Mobilization plans shall be designed for timely implementation in response to a full range of warning indications from early and ambiguous to short and tactical warnings.

4.2. Each DoD Component shall share the general responsibilities for emergency preparedness, mobilization planning, and crisis management in ensuring the continuity of Government in any national security or domestic emergency situation, as directed in DoD Directive 3020.26 (reference (f)). Each DoD
Component shall plan for survival, recovery, and reconstitution of its essential functions, including the timely relocation and protection of successors, each of whom should be supported by an austere emergency staff and essential communications. Each DoD Component should identify alternate headquarters, emergency relocation sites, or other permanent facilities to use during emergency preparedness situations. In an evolving crisis, each DoD Component should be capable of the following:

4.2.1. Surviving and reconstituting the control organization for the DoD Component.


4.2.2. Reorganizing and redirecting resources.


4.2.3. Coordinating with appropriate Agencies.


4.2.4. Implementing decisions and Directives.


4.2.5. Reestablishing command and control.


4.2.6. Ensuring the performance of essential functions.


4.3. Additionally, each DoD Component with essential functions, whether specified in this
Directive or not, shall develop appropriate plans and shall take such actions as may be needed to ensure that it shall be able to perform essential functions and to continue as a viable part of the Department of Defense
during emergencies. Each DoD Component shall prepare for all national security and domestic
emergencies in coordination with appropriate Federal, State, and local governments; other DoD Components; and elements of the private sector, particularly in the emergency preparedness for mobilization. Specific responsibilities for emergency preparedness are in section 5., below.
5. RESPONSIBILITIES
5.1. The Department of Defense Components shall:

5.1.1. Develop and execute national defense plans and shall:
`

5.1.1.1. Plan for transitioning from peacetime to wartime activities.


5.1.1.2. Include in plans all graduations of mobilization.
5.2. The DoD Components shall be prepared to implement their emergency preparedness plans.
These plans may be implemented only if the authority for implementation is provided by law enacted by the Congress, an order or Directive issued by the President, or an order or Directive issued by the Secretary
of Defense.
5.3. The Head of each DoD Component is hereby authorized to redelegate the functions assigned
by this Directive and to authorize successive redelegations, as considered appropriate. Nothing in this Directive shall alter any existing assignment of functions to any DoD Component made by statute, Executive order, Presidential Directive, DoD Directive, or other orders or directives.
5.4. The Under Secretary of Defense (Policy) (USD(P)), in addition to implementing the
responsibilities assigned by DoD Directive 5111.1 (reference (g)), shall:

5.4.1. Provide oversight and policy direction on NSEP and crisis management programs
within the Department of Defense, including reviewing and integrating plans, policies, and programs regarding:


5.4.1.1. Threat assessment.


5.4.1.2. Mobilization.


5.4.1.3. Determination of the political and military implications of a crisis.


5.4.1.4. Recommended military objectives.


5.4.1.5. Continuity of operations and continuity of Government.


5.4.1.6. Use of military resources in support of civil authorities.


5.4.1.7. Succession to the OSD.

5.4.2. Provide policy guidance on key asset protection, land defense of the Continental
United States (CONUS), and military support to civil defense (MSCD). (See DoD Directives 3025.10,
3025.12, 5030.45, and 5160.54 (references (h) through (k)).)


5.4.3. Prepare appropriate departmental documents to support national emergency plans,
including continuity of operations plans, graduated mobilization response (GMR), and DoD portions of other Federal Agency plans.


5.4.4. Support the Secretary of Defense in his oversight role of the U.S. Civil Defense
Program.

5.4.5. Represent the Department of Defense in mobilization matters involving the
National Security Council (NSC) and Federal Emergency Management Agency (FEMA). Act as the lead office for other interdepartmental coordination of this matter.

5.4.6. Coordinate the development and updating of the DoD Emergency Authorities
Retrieval and Analysis System (DEARAS).

5.4.7. Provide policy guidance on national preparedness, security, GMR actions, civil
defense, and other DoD programs of FEMA and State and local governments.

5.4.8. Act as the central point of interagency coordination on emergency preparedness
functions and actions for the Department of Defense.

5.4.9. Direct activities of the Crisis Management System (CMS), established by this
Directive, to expedite coordination within the Department of Defense and between the Department of Defense and other Federal Departments and Agencies, and to provide a single OSD focus for crisis information during national security or domestic emergencies or crises. (See enclosure 3.)

5.4.10. Advise and assist the FEMA in developing and reviewing plans and programs for:


5.4.10.1. Physical security of industries, services, and other activities.


5.4.10.2. Use of industry and natural resources.


5.4.10.3. Stabilization of the economy.


5.4.10.4. Conversion of the economy to crisis requirements essential to national
security.

5.4.11. Provide emergency preparedness planning guidance and direction to ensure a high
state of readiness is maintained by each DoD Component. This responsibility includes the scheduling of
appropriate levels of training and testing of emergency plans.


5.4.12. Provide direction for conducting national security exercises, including JCS-
sponsored, interagency, and other exercises, games, and simulations, including management of remedial action projects within the OSD.

5.4.13. Approve for the Secretary of Defense the transfer of emergency preparedness
functions between DoD Components with the consent of the Heads of the respective DoD Components, or recommend that functions be transferred between DoD Components or between Federal Departments and Agencies.

5.4.14. Represent the Secretary of Defense as the DoD member of the Senior Interagency
Group for NSEP under NSDD 188 (reference (e)).

5.4.15. Chair the Mobilization Steering Group established by DoD Directive 5111.2
(reference (l)), and coordinate the development of an OSD mobilization, development, and sustainment decision-support sub-system, including information requirements determination and sources of information
to ensure that the Department of Defense can respond decisively and effectively to any major U.S.

emergency.


5.4.16. Provide policy direction for DoD security assistance matters, monitor Military Assistance Advisory Groups (MAAGs) and other entities involved in security assistance, and negotiate and monitor security agreements with foreign governments.


5.4.17. Provide counterintelligence, foreign disclosure, and security policy guidance and support.


5.4.18. In consultation with the Under Secretary of Defense (Acquisition) (USD(A)), assist FEMA and other concerned Departments and Agencies in developing emergency preparedness measures involving international trade, domestic production, and foreign exchange issues.


5.4.19. Through the OSD- and JCS-sponsored exercise programs, test and verify the effectiveness of mobilization and crisis management plans, programs, and procedures.


5.4.20. Develop and coordinate with the Department of State (DoS), as necessary, policies and initiative with foreign countries relating to basing rights; overflight and landing rights; ports, port facilities, and transportation usage; host-nation support agreement; and other commitments required to allow rapid mobilization and deployment.



5.5. The Under Secretary of Defense (Acquisition) (USD(A)), in addition to implementing the responsibilities assigned by the Secretary of Defense Memorandum (reference (m)), shall:

5.5.1. Provide general oversight and policy direction on all aspects of industrial surge and mobilization and preparations for augmenting the Department of Defense's telecommunications and logistical support capabilities in mobilization situations with resources from other Federal Departments and Agencies, the domestic civil sector, and allied and/or friendly foreign nations.


5.5.2. Provide policy guidance for the development of acquisition strategies to support surge and graduated mobilization of industry, analysis of production base capabilities to support operations plans, correlation of military procurement and domestic production, review of military material requirements, and augmentation of telecommunications and logistic support capabilities.


5.5.3. Represent the Secretary of Defense on appropriate international and interagency groups and advisory bodies on matters of U.S. concern related to its assigned functions.

5.6. The Director of Defense Research and Engineering (DDR&E) shall:

5.6.1. Supervise or conduct research in areas directly concerned with implementing emergency preparedness responsibilities.


5.6.2. Designate representatives for necessary ad hoc or task force groups to advise on technical matters on emergency preparedness to include review, consolidation, and prioritization of research and development programs in crises.


5.6.3. Provide advice and assistance to other DoD Components in planning for research involving each DoD Component's specific area of interest.


5.6.4. Represent the Department of Defense on interagency groups or advisory bodies to advise on scientific and technological considerations involved in areas of national concern. This excludes telecommunications bodies and groups for which the Assistant Secretary of Defense (Command, Control, Communications, and Intelligence) (ASD(C3I)) is responsible, and technology for special operations forces.



5.6.5. Provide guidance for augmenting DoD scientific and technical capabilities in a
crisis.
5.7. The Assistant Secretary of Defense (Production and Logistics) (ASD(P&L)), in addition to
carrying out the responsibilities assigned by DoD Directive 5128.1 (reference (n)), shall:

5.7.1. Develop policies, procedures, and systems for the emergency application of
priorities and allocations of materials, services, and resources. Administer priorities and allocation
authorities delegated to the Department of Defense.

5.7.2. Prepare plans to claim or acquire supporting materials, equipment, supplies, and
services needed to carry out essential DoD functions.

5.7.3. Ensure that the Military Departments and the Defense Agencies develop plans for
salvage, decontamination, rehabilitation, and construction of facilities, as well as the continuing operation
of essential facilities.

5.7.4. Act as the National Defense Stockpile Manager for stockpiling of strategic and
critical materials and developing a national system of durable goods production priorities.

5.7.5. In coordination with the USD(P) and the Department of Energy (DoE), advise and
assist FEMA in developing a system for the international allocation of petroleum materials and petroleum products among the United States, allies, and favored nations in a crisis.

5.7.6. Advise and assist the DoE and other concerned Agencies in developing production
and distribution control plans for use in energy crises and emergencies.

5.7.7. In coordination with industry, develop plans and programs for procuring and
producing selected military equipment and supplies needed to increase readiness and sustainability of existing and expanded forces.

5.7.8. Recommend measures for overcoming potential deficiencies in production capacity
to produce selected military supplies and equipment.

5.7.9. Develop candidate projects to expand domestic production capacities.

5.7.10. Provide policy guidance and oversight on the use of strategic and critical
materials in production of military weapon system and associated industrial processes.

5.7.11. Provide policy guidance to DoD Components and other Federal Departments and
Agencies for emergency preparedness measures associated with maintenance of an adequate mobilization
production base for military supplies and equipment.

5.7.12. In consultation with the U.S. Attorney General, the Federal Trade Commission
(FTC), industry, labor, finance, and other interests, develop plans and programs for voluntary agreements with industry as outlined in Pub. L. 81-774 (reference (o)).

5.7.13. Provide the Department of Commerce (DoC) with the Department of Defense's
machine tool trigger order (MTTO) requirements to support surge and mobilize requirements.

5.7.14. In coordination with the Office of the USD(P) and other appropriate DoD
Components, identify facilities important to the national defense for protection under the Key Assets Protection Program (KAPP).


5.7.15. Furnish military transportation requirements to the DoT and arrange for orderly transfer or use of Federal and civil transportation resources by the Department of Defense during mobilization and national emergencies.



5.7.16. Ensure that the Military Departments and Defense Agencies develop standby legislation to exempt the DoD defense industries from environmental statutes during emergencies, and develop plans and emergency funding procedures to meet additional pollution reduction and/or abatement facility requirements.


5.7.17. In coordination with the USD(P), develop guidelines for support to allied and friendly forces.


5.7.18. In coordination with the USD(P) staff, the DoD Components, and the DoS, develop policies and procedures for wartime host-nation support of U.S. Forces.


5.7.19. In coordination with the Department of Justice (DoJ), ensure that Military Departments and DoD Agencies have plans for DoD and DoJ presentation of eminent domain proceedings if requisition and condemnation actions should be denied.

5.8. The Assistant Secretary of Defense (Command, Control, Communications, and Intelligence)
(ASD(C3I)), in addition to implementing the functions assigned by DoD Directive 5137.1 (reference (p)) and DoD Directive 5100.41 (reference (q)), shall:

5.8.1. Assist the Director, Office of Science and Technology Policy (OSTP), in the exercise of war powers of the President under Section 706 of the Communication Act of 1934 (reference (r)).


5.8.2. As a member of the Joint Telecommunication Resources Board (JTRB), assist the Director, OSTP, in the exercise of his or her non-wartime emergency functions on the provision, management, or allocation of Federal telecommunications resources.


5.8.3. Assist the Secretary of Defense, when acting as the Executive Agent for the National Communication System (NCS), and provide staff oversight of the activities of the Manager, NCS, that are outlined in E.O. 12472 (reference (s)).


5.8.4. Develop plans for use of existing communications facilities and determine military requirements for additional commercial services and facilities that might be needed during a crisis.


5.8.5. In coordination with the Federal Communication Commission (FCC) and the OSTP, develop plans and programs for the emergency control of all devices capable of emitting electromagnetic radiation.


5.8.6. In coordination with the DoT and the FCC, develop plans for the emergency control of civil and military air traffic and of associated navigation, position fixing, and identification systems.


5.8.7. Provide policy guidance and support for intelligence activities within the Department of Defense, including guidance for intelligence preparedness planning and programming for survivability of intelligence capabilities.


5.8.8. Represent the Secretary of Defense in staff supervision of national intelligence collection assets of the Department of Defense.


5.8.9. Develop the means for assessing the capabilities of surviving intelligence collection, processing, analysis, and dissemination capabilities for the Secretary of Defense.



5.8.10. Provide policy guidance on acquisition of intelligence information by nonintelligence elements of the Department of Defense.


5.8.11. Represent the Secretary of Defense on interagency groups or advisory boards
dealing with intelligence preparedness problems.

5.8.12. Delegate representatives, as necessary, to support ad hoc or task force groups
handling intelligence matters for emergency preparedness.

5.8.13. Represent the Secretary of Defense as the DoD member on interagency groups or
advisory bodies to advise on scientific and technological considerations involved in low-intensity conflicts
and for special operations forces.
5.9. The Assistant Secretary of Defense (Comptroller) (ASD(C)), in addition to implementing the
functions assigned by DoD Directive 5118.3 (reference (t)), shall:

5.9.1. In coordination with the Assistant Secretary of Defense, Program Analysis and
Evaluation (ASD(PA&E)), establish procedures for developing crisis budgets.

5.9.2. Develop plans and procedures for providing financial and credit assistance to the
private sector that may be called on to provide emergency assistance to the Department of Defense.

5.9.3. Develop, as appropriate, pre-cleared wartime fiscal and property procedures for
expeditious release during a crisis or wartime.
5.10. The Assistant Secretary of Defense (International Security Affairs) (ASD(ISA)), in addition
to carrying out other assigned functions, including those in DoD Directive 5111.1 (reference (g)), shall:

5.10.1. Provide advice, recommend policies, formulate programs, develop plans, and
issue guidance to the DoD Components on political-military activities related to international affairs,
excluding the North Atlantic Treaty Organization (NATO), other European nations, and the Union of Soviet Socialist Republics (U.S.S.R.).

5.10.2. Oversee DoD activities related to laws of the sea.

5.10.3. Formulate policies and provide guidance on plans for general purpose forces, non-
European and non-NATO regional security requirements, and related budget considerations.

5.11. The Assistant Secretary of Defense (International Security Policy) (ASD(ISP)), in addition
to implementing other assigned functions, including those in DoD Directive 5111.1 (reference (g)), shall:

5.11.1. Provide advice and counsel on nuclear matters.

5.11.2. Provide advice, recommend policies, formulate programs, develop plans, and
issue guidance to the DoD Components on political-military activities related to international affairs or
crises involving NATO, other European nations, and the U.S.S.R.

5.11.3. Oversee arms control activities in the Department of Defense.

5.11.4. Formulate policies and provide guidance on plans for nuclear forces, general
purpose forces, NATO, European security requirements, and related budget considerations.
5.12. The Assistant Secretary of Defense (Reserve Affairs) (ASD(RA)), in addition to
implementing the functions assigned by DoD Directive 5125.1 (reference (u)), shall:


5.12.1. Support Reserve component mobilization and shall assist in implementing policy on management and use of Selected Reserves and policies on individual manpower, including military retirees.



5.12.2. Monitor organization and DoD Agency programs requiring Reserve component support for national emergency preparedness and other essential functions.


5.12.3. Assist in reconstituting Reserve component forces, as required.

5.13. The Assistant Secretary of Defense (Legislative Affairs) (ASD(LA)), in addition to implementing the functions assigned by DoD Directive 5142.1 (reference (v)), shall:

5.13.1. Assist the DoD Components in preparing and justifying standby and emergency legislation.


5.13.2. Plan for increased peacetime and crisis coordination with Congress to assist with the GMR program, incremental budget packages, and legislative initiatives to support graduated mobilization in response to an emerging crisis.


5.13.3. Assist in developing plans for informing Congress of the identification and designation of Ready Reserve units and individual Reservists selected for mobilization.

5.14. The Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)), in addition to implementing the functions assigned by DoD Directive 5124.2 (reference (w)), shall:

5.14.1. In coordination with the ASD(PA) and the Assistant Secretary of Defense (Health Affairs) (ASD(HA)), develop policies and programs for use by the National Defense Executive Reserve
(NDER) within the Department of Defense.


5.14.2. In coordination with the Military Departments, the ASD(P&L), the Selective Service System (SSS), the National Science Foundation (NSF), the DoC, the Department of Labor (DoL), the Department of Education, and the Department of Health and Human Services (DEDHHS) maintain a continuing surveillance over the U.S. manpower and educational needs. This is necessary in order to identify particular occupations, skills, or graduate study that in the national interest would qualify a Reservist, inductee, or applicant for deferment from military duty.


5.14.3. Advise and assist FEMA in developing overall manpower policies to be used during an emergency, including providing information on the planned size and composition of the Armed Forces.


5.14.4. Develop systems, including the National Accession Planning and Execution System, and plans that shall ensure that sufficient military, DoD civilian, and contractor manpower is available to guarantee the nation's ability to mobilize, deploy, and sustain military operations consistent with national defense priorities, industrial capabilities, and legal guidelines.


5.14.5. Prepare and update the DoD Master Mobilization *Guide* that provides graduated mobilization policies and responsibilities, as well as a description of the mobilization process.


5.14.6. Develop systems and plans to ensure that DoD human resources are available in the requisite numbers and skills to support and sustain the Armed Forces in a national emergency or crisis.



5.14.7. Advise and assist the DoS and the DHHS in planning for the protection and evacuation of dependents, civilian employees, other U.S. citizens, and designated aliens abroad.

5.15. The Assistant Secretary of Defense (Health Affairs) (ASD(HA)), in addition to implementing the functions assigned by DoD Directive 5136.1 (reference (x)), shall:



5.15.1. Develop systems and plans to ensure that sufficient medical personnel, supplies,
equipment, and facilities shall be available and shall be ready to deploy for meeting essential military
healthcare needs in an emergency.

5.15.2. Activate and ensure coordination, as appropriate, the two primary medical backup
systems for the Department of Defense:


5.15.2.1. The Veterans' Administration and/or the Department of Defense
Contingency System.


5.15.2.2. The National Disaster Medical System.
5.16. The Assistant Secretary of Defense (Public Affairs) (ASD(PA)), in addition to implementing
those functions assigned by DoD Directive 5122.5 (reference (y)), shall provide for public dissemination of essential information and shall plan for pre-recordings to provide continuity of program service over the Emergency Broadcast System during crises.
5.17. The General Counsel, Department of Defense (GC, DoD), in addition to executing the
functions assigned by DoD Directive 5145.1 (reference (z)) and in response to requests from the DoD Components seeking specific measures of legal relief considered essential to the performance of the DoD Components' responsibilities under this Directive, shall do the following:

5.17.1. Review the adequacy of legal authorities.

5.17.2. Draft packages for current legislative initiatives.

5.17.3. Draft standby packages for legislative initiatives that could be taken by the DoD
Components in response to a future emerging national emergency.
5.18. The Assistant Secretary of Defense (Program Analysis and Evaluation) (ASD(PA&E)), in
accordance with responsibilities assigned by DoD Directive 5141.1 (reference (aa)), shall:

5.18.1. Develop procedures to assess mobilization requirements, plans, and programs as
part of the overall Planning, Programming, and Budgeting System (PPBS).

5.18.2. Develop procedures to review changes to the DoD program during mobilization
and crisis in his or her capacity as Executive Secretary to the Defense Resources Board (DRB)
(Programming Phase) under DRB Memo 84-16 (reference (bb)).
5.19. The Assistant to the Secretary of Defense (Atomic Energy) (ATSD(AE)), in addition to
carrying out the responsibilities assigned by DoD Directive 5148.2 (reference (cc)), shall:

5.19.1. Formulate policy and provide planning advice and assistance on nuclear and
chemical development and operational program matters including:


5.19.1.1. Strategies for weapon development, fabrication, and deployment.


5.19.1.2. Safety, security, and survivability consideration.


5.19.1.3. In coordination with the USD(P) and the Military Departments,
physical security of DoD nuclear and chemical facilities.

5.19.2. Interact with the DoE and the FEMA to obtain advice and support on these
matters.


5.19.3. Assist Federal, State, and local officials in protecting the public health and safety from nuclear and chemical hazards.



5.19.4. Coordinate with the ASD(PA) on the release of public information in this area.

5.20. The Assistant Secretary of Defense (Special Operations and Low-Intensity Conflict)
(ASD(SO/LIC)), in addition to carrying out the responsibilities assigned by DoD Directive 5138.3 (reference (dd)), shall oversee special operations activities within the Department of Defense.

5.21. The Inspector General, Department of Defense (IG, DoD), in addition to the responsibilities assigned by DoD Directive 5106.1 (reference (ee)), shall:

5.21.1. Review OSD staff and Defense Agency compliance with assigned emergency preparedness responsibilities and functions, as a feature of ongoing inspections.


5.21.2. Review OSD staff and Defense Agency planned emergency actions to isolate initiatives having significant potential for fraud, waste, and mismanagement and recommend safeguards consistent with constraints imposed by emergency conditions.


5.21.3. Monitor mobilization and logistics exercises, and implementation of post-exercise corrective measures.


5.21.4. Establish and maintain crisis management planning and coordination liaison with the DoD Components.


5.21.5. Review, in conjunction with the OSD staff and the Defense Agencies, accomplishment of objectives in various areas such as:


5.21.5.1. Major base development and programs.



5.21.5.2. Manpower acquisition and distribution.



5.21.5.3. Critical supply issues and replenishment programs.



5.21.5.4. Industrial base expansion incentives programs.



5.21.5.5. Expanded contract administration surge.



5.21.5.6. Fiscal management and audit support for host-nation agreements.

5.22. The Joint Chiefs of Staff (JCS), in addition to carrying out the missions and functions assigned by DoD Directive 5100.1 (reference (b)) and DoD Directive 5158.1 (reference (ff)), shall:

5.22.1. Provide time-phased materiel requirements for scenarios identified for GMR
option development.


5.22.2. Participate in evaluating and resolving resource clemency and allocation through the Joint Materiel Priorities and Allocation Board and the Joint Transportation Board.


5.22.3. Develop and operate joint damage assessment and recovery systems for military forces and installations, as well as key civilian industrial facilities supporting the Department of Defense.


5.22.4. Maintain a capability, both at national and field levels, to estimate the effects of an enemy attack on military and civilian support resources, and assist FEMA and other Agencies in verifying and updating estimates of remaining resources.



5.22.5. Plan and conduct a comprehensive national security exercise program on behalf
of the Secretary of Defense. This program should include field training and command post exercises in a
coordinated schedule of JCS-sponsored, -directed, and -coordinated exercises responsive to USD(P)
guidance, including the Defense Guidance.

5.22.6. Manage the Joint Deployment System (JDS), the Joint Operation Planning
System (JOPS), and the follow-on Joint Operation Planning and Execution System (JOPES) for the Department of Defense.
5.23. The Military Departments, in addition to carrying out the functions assigned by DoD
Directive 5100.1 (reference (b)), shall:

5.23.1. Support and participate in the emergency preparedness activities.

5.23.2. Support Joint Staff deliberate and time-sensitive military requirements for
selected end-items and supporting personnel, materiel, services, and facilities needed to respond to crises, and develop graduated mobilization programs.

5.23.3. Develop and furnish the OASD(P&L) industrial base capability assessments and
investment strategies to support GMR options.
5.24. The Secretary of the Army, in addition to carrying out the emergency preparedness missions
assigned in reference (b), shall:

5.24.1. Prepare to relinquish peacetime missions associated with military support to the
civil sector to the Commander in Chief, Forces Command (CINCFOR), as directed by the JCS upon
decision of the National Command Authorities (NCA) in crisis, mobilization, or war.

5.24.2. Develop overall plans for the management, control, allocation, and use of the
water and water resources of the nation consistent with the planning efforts of those Federal Departments and Agencies having specific statutory or delegated water responsibilities. Coordinate emergency water resource planning at the regional, State, and local levels through the Federal Departments and Agencies
concerned with each area of planning. Under this section, "water" means all usable waters from all sources
within U.S. jurisdiction that can be managed, controlled, and allocated to meet emergency requirements.

5.24.3. Develop plans and maintain river control operations for the prevention or control
of floods caused by natural phenomena or overt or covert attack affecting those bodies of water and water
resources under the jurisdiction of the Secretary of the Army.

5.24.4. Develop plans for emergency assistance to public water supply utilities working
through Agencies having primary responsibility and with State and local governments.

5.24.5. With respect to all inland waterways, canals, harbors, and navigation channels
within the United States and its possessions and territories, develop emergency plans and procedures for:


5.24.5.1. Improving, restoring, rehabilitating, operating, and maintaining
components of federally authorized river and harbor projects.


5.24.5.2. Locating and removing obstructions to navigation.


5.24.5.3. Dredging to clear and straighten navigation channels. This is
accomplished in consultation with the DoJ, the Coast Guard, the Department of Interior (DoI), and other
affected Federal Agencies. In matters affecting the Tennessee River and its tributaries, emergency plans and procedures are developed in cooperation with the Tennessee Valley Authority (TVA).


5.24.6. As Executive Agent for the Department of Defense and in coordination with the DoS, DHHS, and appropriate DoD Components, develop plans for noncombatant evacuation operations, repatriation, CONUS reception, and onward movement.



5.25. The Director, Defense Mapping Agency (DMA), in addition to carrying out the functions assigned by DoD Directive 5105.40 (reference (gg)), shall:

5.25.1. Advise and assist the FEMA and other Federal Departments and Agencies in determining and fulfilling mapping, charting, and geodesy requirements related to emergency preparedness.


5.25.2. Advise and assist the DoC, the DoI, and other Federal Departments and Agencies in the development of mapping, charting, and geodesy production plans for use in crises and domestic emergencies.

5.26. The Director, Defense Communications Agency (DCA), in addition to carrying out the functions assigned by E.O. 12472 and DoD Directive 5105.19 (references (s) and (hh)), shall:

5.26.1. Act as Manager of the NCS and carry out the functions assigned to the Manager, NCS, by reference (s).


5.26.2. Advise and assist the FEMA and other Federal Departments and Agencies in the development of information system architectures, telecommunications requirements, and communications support plans necessary to satisfy requirements for all peacetime circumstances including domestic emergencies.


5.26.3. Advise and assist the ASD(C3I) in the functioning of the NCS in his or her role as the NCS Manager in accordance with reference (s). 5.26.4. Provide those personnel and equipment required by reference (s) and NSDD 47 (reference (d)) and internal requirements to Federal services, Agencies, and Departments.


5.26.5. Provide operational direction and management control of the current Defense Communications System (DCS), which includes the planning, system engineering, and project management of the evolving DCS.


5.26.6. Ensure the ability of the DCS to be responsive at all levels of conflict, exercising operational direction and management control through the National Communications System and/or Defense Communication Agency Operations Center (NCS/DCAOC), DCA Europe, and DCA Pacific.


5.27. The Director, Defense Logistics Agency (DLA), in addition to carrying out the functions assigned by DoD Directive 5105.22 (reference (jj)), shall:

5.27.1. Support and participate in emergency preparedness activities.


5.27.2. Develop and furnish to the OASD(P&L) industrial base capability assessments and investment strategies to support GMR options.



5.27.3. Incorporate GMR into the Program Objectives Memorandum (POM)
development cycle.


5.27.4. Stockpile and manage strategic and critical materials in the national defense stockpile.

6. EFFECTIVE DATE This Directive is effective immediately.



/S/


William H. Taft, IV


Deputy Secretary of Defense
' Enclosures - 3
E1. References, continued

E2. Definitions

E3. The OSD CMS


E1. ENCLOSURE 1
REFERENCES, continued (e) National Security Decision Directive (NSDD) 188, "Government Coordination for National Security
Emergency Preparedness," September 16, 1985
(f) DoD Directive 3020.26, "Continuity of Operations Policies and Planning," October 24, 1985
(g) DoD Directive 5111.1, "Under Secretary of Defense for Policy," September 27, 1985
(h) DoD Directive 3025.10, "Military Support of Civil Defense," July 22, 1981 (i) DoD Directive 3025.12, "Employment of Military Resources in the Event of Civil Disturbances,"
August 19, 1971
(j) DoD Directive 5030.45, "DoD Representation on Federal Emergency Management Agency (FEMA)
Regional Preparedness Committees and Regional Field Boards," November 29, 1983
(k) DoD Directive 5160.54, "DoD Key Assets Protection Program (KAPP)," December 5, 1986 (l) DoD Directive 5111.2, "Department of Defense Mobilization and Deployment Study Group," April 2,
1979
(m) Secretary of Defense Memorandum on the Responsibilities for the Under Secretary of Defense
(Acquisition), September 30, 1986
(n) DoD Directive 5128.1, "Assistant Secretary of Defense (Acquisition and Logistics)," November 19,
1985
(o) Public Law 81-774, "Defense Production Act of 1950," September 8, 1950 (p) DoD Directive 5137.1, "Assistant Secretary of Defense (Command, Control, Communications, and
Intelligence)," April 2, 1985
(q) DoD Directive 5100.41, "Executive Agent Responsibilities for the National Communications System
(NCS)," July 23, 1979
(r) "Communication Act of 1934," June 19, 1934, as amended (s) Executive Order 12472, "Assignment of National Security and Emergency Preparedness
Telecommunications Functions," April 3, 1984
(t) DoD Directive 5118.3, "Assistant Secretary of Defense (Comptroller)," July 11, 1972
(u) DoD Directive 5125.1, "Assistant Secretary of Defense (Reserve Affairs)," January 12, 1984 (v) DoD Directive 5142.1, "Assistant Secretary of Defense (Legislative Affairs)," July 2, 1982
 (w) DoD Directive 5124.2, "Assistant Secretary of Defense (Force Management and Personnel)," July 5,
1985
(x) DoD Directive 5136.1, "Assistant Secretary of Defense (Health Affairs)," October 5, 1984
(y) DoD Directive 5122.5, "Assistant Secretary of Defense (Public Affairs)," June 15, 1982 (z) DoD Directive 5145.1, "General Counsel of the Department of Defense," January 7, 1959 (aa) DoD Directive 5141.1, "Assistant Secretary of Defense (Program Analysis and Evaluation),"
September 22, 1982
(bb) DRB Memorandum 84-16, "Memorandum for Members of the Defense Resources Board (DRB), May
25, 1984
(cc) DoD Directive 5148.2, "Assistant to the Secretary of Defense (Atomic Energy)," February 4, 1986
(dd) DoD Directive 5138.3, "Assistant Secretary of Defense (Special Operations and Low-Intensity
Conflict)," January 4, 1988
(ee) DoD Directive 5106.1, "Inspector General of the Department of Defense," March 14, 1983
(ff) DoD Directive 5158.1, "Organization of the Joint Chiefs of Staff and Relationships with the Office of the Secretary of Defense," May 1, 1985
(gg) DoD Directive 5105.40, "Defense Mapping Agency," April 23, 1986 (hh) DoD Directive 5105.19, "Director, Defense Communications (DCA)," August 10, 1978
(ii) Joint Chiefs of Staff Pub. 1, "Department of Defense Dictionary of Military and Associated Terms,"
June 1, 1987
(jj) DoD Directive 5105.22, "Defense Logistics Agency," August 15, 1986

E2. ENCLOSURE 2
DEFINITIONS
E2.1.1. Alternate Headquarters. An existing facility currently manned and capable of assigning essential emergency functions if the primary headquarters cannot operate or relocate.

E2.1.2. Civil Defense. All those activities and measures designed or undertaken to:

E2.1.2.1. Minimize the effects upon the civilian population caused, or that would be caused, by an attack upon the United States.


E2.1.2.2. Deal with the immediate emergency conditions that an attack would create.


E2.1.2.3. Make emergency repairs or restore vital utilities and facilities destroyed or damaged by an attack.

E2.1.3. Control Organization. An organizational entity that is formed to continue operations and determine what portions of the total organization must be reconstituted first.

E2.1.4. Crippling. The degree of destruction, disruption, and loss of life which, while not decisive, would raise serious questions as to the ability of the United States to recover and regain its former status.

E2.1.5. Crisis Coordination Group (CCG). The CCG, which is a part of the CMS, consists of DoD
Component members and civil Departments and Agencies who gather in the Crisis Coordination Center during a crisis for disseminating and coordinating timely information on key issues.

E2.1.6. Crisis Management System (CMS). The CMS is a standby system that is activated by the USD(P), or authorized representative, during a crisis. The CMS facilitates the staffing process, and ensures that OSD senior staff officials are provided the mechanisms and procedures essential to enable them to perform their emergency management responsibilities. (See enclosure 3.)

E2.1.7. Essential Emergency Functions. Those functions of the Federal Government that are necessary for performing the operations of the Government in wartime and that are indispensable to the conduct of assigned missions.

E2.1.8. Executive Document. Any document requiring Presidential approval.

E2.1.9. Graduated Mobilization Response (GMR). (See definition E2.1.11., below.) The process by which the United States responds to early ambiguous or explicit warning of an emerging national security emergency, including preplanned incremental steps to react flexibly to a wide range of national security threats, and provide timely preparedness measures in the areas of force readiness, industrial base preparedness, operational requirements, and combat sustainability.

E2.1.10. Legislative Document. Any document requiring congressional enactment or adoption.

E2.1.11. Mobilization


E2.1.11.1. The act of assembling and organizing national resources to support national objectives in time of war or other emergencies.



E2.1.11.2. The process by which the Armed Forces, or part of them, are brought to a state of readiness for war or other national emergency. This includes activating all or part of the Reserve components as well as assembling and organizing personnel, supplies, and materiel. (See JCS Pub. 1 and DoD Directive 3020.26 (references (ii) and (f)).)
E2.1.12. National Emergency. A condition declared by the President or Congress by powers previously vested in them that authorize certain emergency actions to be undertaken in the national interest.



E3. ENCLOSURE 3
THE OSD CMS

E3.1. GENERAL
E3.1.1. The OSD CMS is a standby system to be activated at the call of the USD(P). The CMS
enables the OSD to accomplish its essential emergency functions effectively in times of major national security crises, focusing primarily on those crisis management activities in which OSD principals below the level of the Secretary and the Deputy Secretary of Defense play the major roles. The CMS permits:

E3.1.1.1. The rapid coordination of multiple actions.


E3.1.1.2. The dissemination to OSD principals of all information essential to informed decision making.


E3.1.1.3. The resolution of issues at the lowest appropriate levels.


E3.1.1.4. The surfacing of coordinated recommendations to the Secretary of Defense for a decision or recommendation to higher authority. Additionally, the CMS provides a central focus for the Secretary of Defense and other OSD and DoD principals to determine the status of crisis-related activities for which the OSD is responsible.

E3.1.2. Activation of the CMS does not alter existing lines of authority or responsibility within the Department of Defense. Senior OSD executives, the JCS, the Joint Staff, the Unified and Specified Commanders, and the Military Departments retain authority for their area of responsibility (to implement decisions and actions). The CMS facilitates the staffing process and ensures that the OSD senior staff officials are provided the information, mechanisms, and procedures essential to the discharge of their emergency management responsibilities.

E3.2. ORGANIZATION. The basic CMS elements are as follows:
E3.2.1. A Crisis Management Council chaired by the Secretary of Defense.

E3.2.2. Several functionally oriented boards and committees chaired at the USD or the ASD, and the DUSD or the DASD levels, respectively.

E3.2.3. A Program Review Group (PRG) to support deliberations on planning, program, and budget issues.

E3.2.4. A CCG to provide a central point of contact, information, and coordination within the OSD for crisis matters. E3.3. FUNCTIONING
E3.3.1. The CMS boards and committees and the PRG meet at the call of their chairpersons to exchange information; deliberate on major crisis issues; and provide advice, coordination, and recommendations to their chairpersons. At meetings of the Crisis Management Council, OSD principals shall ensure that any dissenting views they may hold are presented to the Secretary of Defense. Similarly, the Secretary of Defense shall ask the Secretaries of the Military Departments to attend when Service interests are involved in the issues to be considered. The Secretaries of the Military Departments, the Service Chiefs, and the OSD principals shall continue to have direct and full access to the Secretary of Defense. The JCS shall advise the Secretary on matters within their statutory responsibilities, as they do now.

E3.3.2. The CMS boards and committees have no intrinsic authority. They are designed to assist their chairpersons in the discharge of the responsibilities of those chairpersons. It is expected that the chairpersons and the executive secretaries shall convene only those members required to address the specific issues at hand. This may be less than, or more than, the nominal membership established for the board or committee. Although there may be a logical flow of functional issues from committees to boards, committees do not report to, nor are they supervised by, specific boards. The normal staff relationships among the OSD principals who chair the boards and committees continue to function in the crisis.

E3.3.3. The PRG is the same group that supports the DRB during non-crisis activities. When functioning as part of the CMS, the PRG shall work directly for the Crisis Management Council.

E3.3.4. After activation of the CMS, crisis-related staff activities requiring broad OSD attention shall be monitored by the CMS CCG. The CCG is comprised of representatives from the OSD Components and liaison officers from the Joint Staff, the Military Departments, appropriate DoD Agencies, and other Federal Departments and Agencies, depending on the nature of the crisis. The CCG provides timely dissemination of crisis information to appropriate offices; facilitates coordination within the OSD and between the OSD and other DoD Components and the civil sector of the Government; and maintains and briefs the status of crisis-related activities within the OSD. The CCG convenes in the OSD Crisis Coordination Center, Pentagon, Room 3C912.

E3.3.5. The CCG representatives function essentially in coordination and information exchanging roles. There shall be issues arising that are within the authority of a CCG representative to resolve. The CCG staff representatives shall draw on their parent offices for support, guidance, and information, as required.

E3.3.6. The OSD CMS is a dynamic system. The principal OSD CMS test and evaluation vehicle is the national security exercise program. Enhancements and adjustments are made both during and following each major exercise. In an actual national security emergency, the CMS equally shall be flexible in adjusting to the specifics of the crisis at hand. Recommendations for adjustments, improvements, or changes should be addressed to the Director, OSD Crisis Coordination Center, Office of the Deputy Under Secretary of Defense (Policy), Room 3C912, Pentagon, Washington, DC 20301-2000.


APPENDIX **8-10:** FM 100-19, DOMESTIC SUPPORT OPERATIONS, DEPARTMENT
OF DEFENSE CIVIL DISTURBANCE PLAN (GARDEN PLOT) JULY 1993 No longer available at official publication sites. Can be found at: http://www.webpal.org/webpal/a_reconstruction/immediate/martial_law/fm1
00_19.pdf


## Appendix **8-11:** Ngr 500-1/Angi 10-8101, Military Support To Civil Authorities Http://Www.Ngbpdc.Ngb.Army.Mil/Pubfiles/10/108101.Pdf

PT

## Appendix **8-12:** Wildfire Moutp1



## Appendix **8-13:** Nifc Area Coordinations Centers Appendix 8-14: Critical Asset Assurance Program Department Of Defense Directive


SUBJECT: Critical Asset Assurance Program (CAAP) References:
(a) DoD Directive 5160.54, "DoD Key Asset Protection Program


(KAPP)," June 26, 1989 (hereby canceled)
(b) DoD Directive 3020.36, "Assignment of National Security Emergency Preparedness
(NSEP) Responsibilities to Department of Defense Components," November 2, 1988 (c) DoD Directive S-3600.1, "Information Operations (IO) (U)," December 9, 1996 (d) DoD 5160.54-R, "Industrial Facilities Protection Regulation," March 1977 (e) through (n), see enclosure 1

1. REISSUANCE AND PURPOSE This Directive:
1.1. Reissues reference (a) to update DoD policies and responsibilities for the protection and assurance of DoD and non-DoD Critical Assets worldwide, to support the requirements of reference (b), and to implement the policies established by reference (c) as they pertain to Critical Assets that are, include, or depend upon Information Systems. (See definition E2.1.9.)
1.2. Expands the requirement to identify Critical Assets and ensure their integrity, availability, survivability, and capability to support vital DoD missions across the full range of military operations.

1.3. Provides for an integrated infrastructure vulnerability assessment and assurance program based on an analysis of the identified Critical Assets using risk management principles. The risk management-based analysis provides the information necessary to effectively allocate available resources necessary for assurance.

1.4. Continues the authorization to publish reference (d), and authorizes the publication of DoD
5160.54-M, consistent with DoD 5025.1-M (reference (e)).

2. APPLICABILITY This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as "the DoD
Components").

3. DEFINITIONS The terms used in this Directive are defined in enclosure 2.

4. POLICY It is DoD policy to:
4.1. Identify and ensure the availability, integrity, survivability and adequacy of those assets
(domestic and foreign) whose capabilities are deemed critical to DoD Force Readiness and operations in peace, crisis, and war by providing for their protection from all hazards; mitigating the effect of their loss or disruption; and/or planning for timely restoral or recovery. The level of assurance appropriate for each asset is a risk management decision of the owning or controlling DoD Component, made in coordination with those dependent on the asset, and based on its criticality, the threat, and resources available.

4.2. Recognize that critical DoD equipment, facilities, and services are dependent upon non-DoD
assets -- the international and national infrastructures, other facilities and services of the private sector, and those of other Government Departments and Agencies; and that non-DoD assets essential to the functioning of DoD Critical Assets are also Critical Assets of concern to the Department of Defense. Critical Assets include information systems and computer-based systems and networks that can be distributive in nature.

4.3. Recognize that in peacetime responsibility for protecting non-DoD Critical Assets and designing their security rests primarily with the civil sector owners and with local, State, and Federal law enforcement authorities and that responsibility for protecting non-U.S. Critical Assets rests with the appropriate national authority. However, the Department of Defense must participate with the civil sector, emergency preparedness and law enforcement authorities in planning for Critical Asset assurance during an emergency, and must be prepared, in concert with the appropriate authorities and within defense priorities, to assist in their protection during emergencies, including natural disaster, physical or technical attack, and technological or other emergency that seriously degrades or threatens DoD operations. (See DoD
Directives 3025.1, 3025.12, and 3025.15, references (f) through (h).)


4.4. Provide an integrated asset and infrastructure vulnerability assessment and assurance program
for the protection and assurance of DoD and non-DoD Critical Assets worldwide through the CAAP. The
CAAP must provide a comprehensive and integrated decision support environment to represent the
relationship between Critical Assets and force readiness and operations in peace, crisis or war that can be
used to assess the dependencies, vulnerabilities and effects of the disruption or loss of Critical Assets or supporting infrastructures on their plans and operations. The CAAP must also provide the capability for Critical Asset assurance analysis, planning, prioritization, resource programming, and response necessary to mitigate the disruption or loss of Critical Assets. It must also ensure that the collection, retention, and dissemination of CAAP information are in compliance with applicable U.S. law, statutes, directives, and policies as delineated by the established intelligence oversight program. (See DoD Directive 5240.1 and DoD 5240.l-R (references (i) and (j)).)
5. RESPONSIBILITIES
5.1. The Under Secretary of Defense for Policy shall:

5.1.1. Provide policy direction and guidance for the development and implementation of
the CAAP as an element of national security emergency preparedness.

5.1.2. Represent the Secretary of Defense with other Federal Departments and Agencies
and with industry in the development, review, and approval of standards for the assurance of all Critical Assets and coordinate such agreements as may be appropriate for this program.

5.1.3. Develop and lead a process for annual program review of the CAAP with the DoD
Components and the DoD Executive Agent that includes an analysis of the program effectiveness in meeting goals and objectives, an assessment of the performance of organizations in accomplishing their roles and responsibilities, a review of threats and technologies, and the status of planning and analysis for
the assurance of Critical Assets to ensure compliance with this Directive.

5.1.5. Establish, support, and provide the Co-Chair (with the Office of the Assistant
Secretary of Defense for Command, Control, Communications, and Intelligence) for the Critical
Infrastructure Protection Working Group (CIPWG).

5.1.6. Maintain and revise this Directive.


5.2. The Under Secretary of Defense for Acquisition and Technology shall:

5.2.1. Comprehensively integrate the policies established by this Directive in acquisition
policy guidance, to include the Federal Acquisition Regulations System (reference (k)); develop assurance
standards; and ensure that internal and external infrastructure protection, mitigation, detection, reaction,
and recovery measures are designed into the acquisition process, systems being developed and acquired, and the supporting industrial base.

5.2.2. Foster research on infrastructure systems assurance and analysis and promote
development of infrastructure interdependency analysis. Identify technologies that represent threats to Critical Assets or related infrastructures (e.g., information or command and control systems), countermeasures technologies for existing or emerging threats, and technologies that may have inherent susceptibilities or vulnerabilities.

5.2.3. Provide policy to assess and mitigate infrastructure dependencies and
vulnerabilities of specific DoD installations, facilities, and supporting private sector facilities and systems.


5.2.4. In accordance with instructions from the DoD Executive Agent, provide DoD
installations and facilities database support to facilitate maintenance of Critical Assets data by the DoD
Components for inclusion in the CAAP.


5.3. The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence shall:

5.3.1. Integrate the policies established by this Directive into policy guidance and standards promulgated for functional areas assigned by DoD Directive 5137.1 (reference (l)). Ensure, in consultation with Under Secretary of Defense for Acquisition and Technology, infrastructure dependencies and protection, mitigation, detection, reaction, and recovery measures are considered during command, control, communications, intelligence, information, and security systems development and acquisition.

Ensure that intelligence, counterintelligence, and security countermeasure programs support the protection, survivability, availability, integrity, and recovery of Critical Assets.


5.3.2. Provide the Co-Chair (with the Office of the Under Secretary of Defense for Policy) for the CIPWG.


5.3.3. Require the Director, Defense Investigative Service (DIS), to:


5.3.3.1. Conduct, in coordination with the appropriate DoD Component and with permission of the owners, on-site surveys, to include vulnerability analyses to physical and technical threats, for each non-DoD Industrial and Infrastructure Critical Asset designated by the DoD Executive Agent as requiring on-site survey.



5.3.3.2. Maintain liaison with the DoD Executive Agent, the responsible DoD
Component, and consult with industry, as appropriate. Develop CAAP survey procedures in coordination with the DoD Executive Agent, and support courses of instruction to orient and train Government and industry personnel on CAAP surveys. Obtain technical assistance from the other DoD Components, as required.


5.3.4. Require the Director, Defense Intelligence Agency (DIA), in coordination with the National Security Agency (NSA), the DIS, the Federal Bureau of Investigation (FBI), and the Director, Central Intelligence, to develop procedures for continuous analysis of the hostile intelligence; special operations; and technical, terrorist, criminal, and other transnational threats to Critical Assets and Infrastructures; develop and maintain a Critical Asset and Infrastructure Threat Assessment, and advise the DoD Executive Agent, the Chairman of the Joint Chiefs of Staff and the DoD Components of hostile threats to Critical Assets and Infrastructures in their areas of responsibility as evolving threats become known. These activities must be accomplished within the provisions of DoD Directive 5240.1 and DoD
5240.1-R (references (i) and (j)).


5.3.5. Require the Director, National Imagery and Mapping Agency, to support the DoD
Executive Agent's requirements for imagery and maps needed for the CAAP.


5.3.6. Require the Director, Defense Information Systems Agency, to:


5.3.6.1. Provide, in conjunction with the DoD Components, for the assurance of the Defense Information Infrastructure (DII) and mitigation of the effects of its loss or disruption.



5.3.6.2. Coordinate with the National Communication System (NCS) to identify National Information Infrastructure (NII) assets critical to the DoD operations and National Security and Emergency Preparedness telecommunications. Identify to the DoD Executive Agent and the appropriate DoD Components the Critical Assets of the DII and the NII whose disruption or loss would seriously affect DoD operations and the nature of those effects. Coordinate with the DoD Executive Agent, the DoD Components, and the NCS regarding actions taken to increase the reliability, redundancy, protection, and restoral of information systems supporting Critical Assets.



5.3.6.3. Provide for overall coordination of the Computer Emergency Response Team (CERT) activities of the DoD Components and their interface with CERT-related activities of the Federal Government (to include the FBI), the NSA for national security systems, and the private sector.

5.4. The Chairman of the Joint Chiefs of Staff shall:

5.4.1. Ensure identification of Critical Assets necessary for the execution of Deliberate and Crisis Action Plans and plan for mitigation of their loss or disruption. Identify those Critical Assets to the DoD Executive Agent.


5.4.2. Ensure that disruption and loss of Critical Assets, to include supporting national infrastructures, are scripted and responded to in Joint Exercises.

5.5. The Secretary of the Army, as the DoD Executive Agent, shall:

5.5.1. Develop, implement, and administer the CAAP to meet the requirements described in paragraph 4.4., above. Obtain Critical Asset nominations from the DoD Components, integrate them into the CAAP, and program and provide CAAP resources for support of CAAP decision support systems, analytic and management activities. Provide the capability for each DoD Component to use the CAAP for identification, analysis, and assurance of assets critical to its operations. In coordination with the DoD
Components, establish priorities for infrastructure analysis, and remediation, recommend actions to the DoD Components based upon the CAAP and DIA threat analysis, and review the CAAP annually with the Under Secretary of Defense for Policy (USD(P)) and the DoD Components.


5.5.2. Develop, publish, and administer DoD 5160.54-R (reference (d)), and 5160.54-M, consistent with DoD 5025.l-M (reference (e)).


5.5.3. Coordinate with other Departments and Agencies, as required, to solicit nominations of Infrastructure Assets critical to national defense applications. Designate non-DoD Industrial and Infrastructure Critical Assets that require on-site surveys and vulnerability assessments. Coordinate with the DIS regarding conduct of industrial Critical Asset site surveys and vulnerability assessments.


5.5.4. Ensure that regulations, plans, and procedures governing military support to law enforcement in civil disturbances, as promulgated under DoD Directive 3025.12 (reference (g)), facilitate response by the DoD Components to protect Critical Assets under any conditions or circumstances covered by that Directive.


5.6. The Secretary of the Navy shall require the Program Manager, Joint Program Office for Special Technology Countermeasures, to provide the infrastructure assurance analysis and vulnerability assessment support to the DoD Executive Agent.

5.7. The Heads of the DoD Components shall:

5.7.1. Identify those assets critical to their operations (to include the supporting DoD and non-DoD infrastructures and other civil sector facilities and services), nominate those Critical Assets for inclusion in the CAAP, conduct risk assessments, and designate their category of importance in accordance with the instructions of the DoD Executive Agent.


5.7.2. Retain overall responsibility for the assurance of the Critical Assets subject to their authority or control. Program and provide for increased Critical Asset reliability, security and redundancy; plan for their disruption or loss and subsequent restoral; and develop systems that are less dependent upon vulnerable infrastructures and systems. Program and provide for supplemental integrated infrastructure vulnerability assessment and assurance capability when requirements exceed organic capabilities. Provide for a CERT capability.


5.7.3. Include a contractual requirement for cooperation in vulnerability assessments and assurance planning when contracting for private sector facilities, services and products, and consider allhazard assurance of service when awarding contracts.



5.7.4. Review annually all Critical Asset nominations and recommend changes in accordance with the instructions of the DoD Executive Agent. Review the CAAP annually with the USD(P) and the DoD Executive Agent. Provide senior (flag or senior executive service) representation on the CIPWG.


5.7.5. Assign personnel to the Executive Agent to support the CAAP and comply with the requirements of the DoD Executive Agent in accordance with this Directive.


5.7.6. Require that commanders of DoD installations conduct an annual review with all tenant activities of all Critical Assets associated with their installation, to include supporting DoD and non- DoD infrastructures and other civil sector facilities and services upon which the Critical Assets depend. This review shall include the validation of data on facilities and their dependencies, an examination of Installation and tenants' plans for increasing reliability, reducing vulnerabilities, mitigating hazards to and the restoration of Critical Assets, and a review of these plans with the FBI, local emergency services personnel (including local law enforcement), the National Guard, and the representatives of critical infrastructure and support service providers, as appropriate. Assist tenant activities in direct coordination with local providers of critical infrastructure and other support services necessary to the operation of the their Critical Assets. Require that commanders of DoD Installations report through their chains of command the review results to the DoD Executive Agent so that plans and requirements can be fully coordinated and supported across the Department.

6. INFORMATION REQUIREMENTS The collection of installations and facilities data identified in subparagraph 5.2.4., above, is assigned Report Control Symbol DD-A&T(A)760, and the collection of Critical Asset data identified in subparagraphs
5.5.1. and 5.7.1., above, is assigned Report Control Symbol DD-POL(A)1747, in accordance with DoD 8910-M (reference (m)). The information collections in subparagraphs 5.3.3.1., 5.3.4., and 5.7.6., above, are exempt from licensing in accordance with reference (m).

7. EFFECTIVE DATE
This Directive is effective immediately.



/s/


John J. Hamre


Deputy Secretary of Defense Enclosures - 2 E1. References, continued E2. Definitions

E1. ENCLOSURE 1
REFERENCES, continued (e) DoD 5025.l-M, "DoD Directives System Procedures," August 1994
(f) DoD Directive 3025.1, "Military Support to Civil Authorities (SCA)," January 15, 1993
(g) DoD Directive 3025.12, "Military Assistance for Civil Disturbances," February 4, 1994 (h) DoD Directive 3025.15, "Military Assistance to Civil Authorities," February 18, 1997 (i) DoD Directive 5240.1, "DoD Intelligence Activities," April 25, 1988
(j) DoD 5240.1-R, "Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons," December 1982
(k) Title 48, Code of Federal Regulations, "Federal Acquisition Regulations System," October 1, 1996 (l) DoD Directive 5137.1, "Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD (C3I))," February 12, 1992

##

(m) DoD 8910.1-M, "DoD Procedures for Management of Information Requirements,"November 28, 1986, authorized by DoD Directive 8910.1, June 11, 1993
(n) DoD Directive 5200.8, "Security of DoD Installations and Resources," April 25, 1991

E2. ENCLOSURE 2
DEFINITIONS

E2.1.1. Assurance. In the context of CAAP, assurance is a process of identifying assets deemed critical to the Department of Defense in peacetime, crisis and war; assessing the potential threats to these assets and the capabilities they provide; quantifying the likely non-availability to the Department of Defense under various hazard scenarios; identifying potential actions that can be taken to restore those assets (or functionality they provide) if they are lost, damaged, corrupted, or compromised; and identifying and recommending options to protect, mitigate, and improve the availability of these Critical Assets to the DoD organizations that own, use, and control them. It includes a range of activities to systematically inform planners and decisionmakers of the probability of availability and quality (e.g., integrity, reliability, confidentiality, survivability, endurability, capacity,adequacy) of specific assets or services under given scenarios; quantifying the likely impact of non-availability to the military operation or defense activity; and identifying and prioritizing options to improve the likelihood of the availability of specific assets or services in specific scenarios. Examples of assurance activities that can improve the likelihood of asset availability include protection (preventing, by whatever means, the disruption or corruption of an asset);
mitigation or moderation of the effects of disruption or corruption (by controlling the damage, providing alternative services, and reducing demand on the asset); and planning for and providing timely restoral or recovery. Alternatively, plans can be made to absorb the loss of otherwise anticipated services. Assurance of a Critical Asset is the responsibility of the owning or controlling DoD Component.


E2.1.2. Computer Emergency Response Team (CERT). An organization chartered by an information system owner to coordinate and/or accomplish necessary actions in response to computer emergency incidents that threaten the availability or integrity of its information systems.


E2.1.3. Critical Asset. Any facility, equipment, service or resource considered essential to DoD
operations in peace, crisis and war and warranting measures and precautions to ensure its continued efficient operation, protection from disruption, degradation or destruction, and timely restoration. Critical Assets may be DoD assets or other Government or private assets, (e.g., Industrial or Infrastructure Critical Assets), domestic or foreign, whose disruption or loss would render DoD Critical Assets ineffective or otherwise seriously disrupt DoD operations. Critical Assets include both traditional "physical" facilities or equipment, non-physical assets (such as software systems) or "assets" that are distributed in nature (such as command and control networks, wide area networks or similar computer-based networks).


E2.1.4. DoD Executive Agent. The individual designated by position to have and to exercise the assigned responsibility and delegated authority of the Secretary of Defense, as specified in this Directive.


E2.1.5. DoD Infrastructure. Infrastructure owned, operated or provided by the Department of Defense.

DoD Infrastructures include the DII, C4ISR, Space, Financial Services, Logistics, Public Works (includes DoD-owned or -operated utilities, roads, rails and railheads and their interface to commercial and other Government Systems), Personnel, Health Affairs and Emergency Preparedness. See also definitions of Infrastructure and National Infrastructure, below.


E2.1.6. DoD Installation. A facility subject to the custody, jurisdiction, or administration of any DoD
Component. This term includes, but is not limited to, military reservations, installations, bases, posts, camps, stations, arsenals, or laboratories where a DoD Component has operational responsibility for facility security and defense. Examples are facilities where orders or regulations for protection and security have been issued by the military commander or other specified DoD official under provisions of DoD Directive 5200.8 (reference (n)). Both industrial assets and infrastructure assets, not owned by the Department of Defense, may exist within the boundaries of a military installation. E2.1.7. Industrial Asset. Any factory, plant, building or structure used for manufacturing, producing, processing, repairing, assembling, storing, or distributing a product or components that supports a DoD Component. A Critical Industrial Asset is an industrial asset deemed essential to DoD operations or the functioning of a Critical Asset

E2.1.8. Information Assurance. Information Operations that protect and defend information and information systems by ensuring their availability, integrity, authentication, confidentiality, and nonrepudiation. This includes providing for restoration of information systems by incorporating protection, detection, and reaction capabilities. (See DoD Directive S-3600.1, reference (c).)

E2.1.9. Information System. The entire infrastructure, organination, personnel and components that collect, process, store, transmit, display, disseminate and act oninformation under reference (c).


E2.1.10. Infrastructure. The framework of interdependent networks and systems comprising identifiable industries, institutions, and distribution capabilities that provide a continual flow of goods and services essential to the defense and economic security of the United States, the smooth functioning of government at all levels, or society as a whole.


E2.1.11. Infrastructure Asset. Any Infrastructure facility, equipment, service or resourcethat supports a DoD Component. A Critical Infrastructure Asset is an infrastructure asset deemed essential to DoD operations or the functioning of a Critical Asset.


E2.1.12. National Infrastructure. Those infrastructures essential to the functioning of the nation and whose incapacity or destruction would have a debilitating regional or national impact. National infrastructures include telecommunications, electrical power systems, gas and oil transportation and storage, water supply systems, banking and finance, transportation, emergency services, and continuity of government operations.


E2.1.13. Technical Attack. An attack that can be perpetrated by circumventing or nullifying hardware or software protection mechanisms, or exploiting hardware or software vulnerabilities, rather than physical destruction or by subverting system personnel or other users.

APPENDIX **8-15:** PDD-NSC-67
PDD-NSC-67
ENDURING CONSTITUTIONAL GOVERNMENT
AND CONTINUITY OF GOVERNMENT OPERATIONS (U)
21 OCTOBER 1998
Presidential Decision Directive 67 (PDD 67), issued 21 October 1998, relates to enduring constitutional government, continuity of operations (COOP) planning, and continuity of government (COG) operations. The purpose of Enduring Constitutional Government (ECG), Continuity of Government (COG), and Continuity of Operations (COOP) is to ensure survival of a constitutional form of government and the continuity of essential Federal functions. Presidential Decision Directive 67 replaced the Bush Administration's NSD 69 "Enduring Constitutional Government" of 02 June 1992, which in turn succeeded NSD 37 "Enduring Constitutional Government" of 18 April 1990 and NSDD 55 "Enduring National Leadership" of 14 September 1982. In addition, Executive Order 12656 [Section 202] required that "The head of each Federal department and agency shall ensure the continuity of essential functions in any national security emergency by providing for: succession to office and emergency delegation of authority in accordance with applicable law;
safekeeping of essential resources, facilities, and records; and establishment of emergency operating capabilities."

##

Among other things, PDD 67 required Federal agencies to develop Continuity of Operations Plans for Essential Operations. In response to this directive, many Federal agencies formed task forces of representatives from throughout the agency who were familiar with agency contingency plans. They developed the COOP as a unifying concept that did not replace existing plans but, instead, superimposed COOP functions if and when a problem threatens serious disruption to agency operations. The plans identify those requirements necessary to support the primary function, such as emergency communications, establishing a chain of command, and delegation of authority. With the reduced threat to this country of nuclear attack by the former Soviet Union and its successor nations, Enduring Constitutional Government programs (the former Continuity of Government programs) were scaled back in the early 1990s. Most of the resources of the National Preparedness Directorate of the Federal Emergency Management Agency [FEMA] were spent on ensuring the continuation of civilian government in the event of a nuclear war, through what are known as the Enduring Constitutional Government programs. The directorate also supports ongoing studies through war gaming, computer modeling, and other methods.
The April 1999 "Federal Response Plan" [FEMA 9230.1-PL] required te head of each Federal Department and agency shall ensure the continuity of essential functions in any national security emergency by providing for: succession to office and emergency delegation of authority in accordance with applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency operating capabilities. The text of PDD-67 has not been released, and there is no White House Factsheet summarizing its provisions.
A HTFederal Preparedness Circular (FPC-65)TH provides guidance to Federal Executive Branch departments and agencies for use in developing viable and executable contingency plans for the continuity of operations
(COOP).

APPENDIX 9
INTELLIGENCE LAW
APPENDIX **9-1:** 50 U.S.C.  401 ET SEQ - NATIONAL SECURITY ACT OF 1947
(AS AMENDED)
See HThttp://www4.law.cornell.edu/uscode/50/401.htmlTH

APPENDIX **9-2:** 50 U.S.C.  1801 ET SEQ. - FOREIGN INTELLIGENCE
SURVEILLANCE ACT
See HThttp://www4.law.cornell.edu/uscode/50/1801.htmlTH

APPENDIX 9-3: EXECUTIVE ORDER 12333 - U.S. INTELLIGENCE ACTIVITIES

## Executive Order 12333--United States Intelligence Activities Source: The Provisions Of Executive Order 12333 Of Dec. 4, 1981, Appear At 46 Fr 59941, 3 Cfr, 1981 Comp., P. 200, Unless Otherwise Noted. Table Of Contents Ht**Preamble**Th

HT**Part 1.** TH*Goals, Direction, Duties, and Responsibilities With Respect to the National Intelligence Effort*
HT1.1 THGoals HT1.2 THThe National Security Council HT1.3 THNational Foreign Intelligence Advisory Groups HT1.4 THThe Intelligence Community HT1.5 THDirector of Central Intelligence
HT1.6 THDuties and Responsibilities of the Heads of Executive Branch Departments and Agencies HT1.7 THSenior Officials of the Intelligence Community HT1.8 THThe Central Intelligence Agency HT1.9 THThe Department of State HT1.10 THThe Department of the Treasury HT1.11 THThe Department of Defense HT1.12 THIntelligence Components Utilized by the Secretary of Defense HT1.13 THThe Department of Energy HT1.14 THThe Federal Bureau of Investigation
HT**Part 2.** TH*Conduct of Intelligence Activities*
HT2.1 THNeed HT2.2 THPurpose HT2.3 THCollection of Information HT2.4 THCollection Techniques HT2.5 THAttorney General Approval HT2.6 THAssistance to Law Enforcement Authorities HT2.7 THContracting
HT2.8 THConsistency With Other Laws HT2.9 THUndisclosed Participation in Organizations Within the United States HT2.10 THHuman Experimentation HT2.11 THProhibition on Assassination
HT2.12 THIndirect Participation
HT**Part 3.** TH*General Provisions*
HT3.1 THCongressional Oversight HT3.2 THImplementation HT3.3 THProcedures HT3.4 THDefinitions HT3.5 THPurpose and Effect
HT3.6 THRevocation
Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended, and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows:

Part 1

## Goals, Direction, Duties And Responsibilities With Respect To The National Intelligence Effort

1.1 *Goals.* The United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal. (a) Maximum emphasis should be given to fostering analytical competition among appropriate elements of the Intelligence Community. (b) All means, consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged. (c) Special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government, or United States corporations, establishments, or persons. (d) To the greatest extent possible consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, all agencies and departments should seek to ensure full and free exchange of information in order to derive maximum benefit from the United States intelligence effort.

## 1.2 *The National Security Council.*

(a) *Purpose.* The National Security Council (NSC) was established by the National Security Act of 1947 to advise the President with respect to the integration of domestic, foreign and military policies relating to the national security. The NSC shall act as the highest Executive Branch entity that provides review of, guidance for and direction to the conduct of all national foreign intelligence, counterintelligence, and special activities, and attendant policies and programs.
(b) *Committees.* The NSC shall establish such committees as may be necessary to carry out its functions and responsibilities under this Order. The NSC, or a committee established by it, shall consider and submit to the President a policy recommendation, including all dissents, on each special activity and shall review proposals for other sensitive intelligence operations.

## 1.3 *National Foreign Intelligence Advisory Groups.*

(a) Establishment and Duties. The Director of Central Intelligence shall establish such boards, councils, or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning:
(1) Production, review and coordination of national foreign intelligence; (2) Priorities for the National Foreign Intelligence Program budget; (3) Interagency exchanges of foreign intelligence information; (4) Arrangements with foreign governments on intelligence matters; (5) Protection of intelligence sources and methods; (6) Activities of common concern; and (7) Such other matters as may be referred by the Director of Central Intelligence.

(b) *Membership.* Advisory groups established pursuant to this section shall be chaired by the Director of Central Intelligence or his designated representative and shall consist of senior representatives from organizations within the Intelligence Community and from departments or agencies containing such organizations, as designated by the Director of Central Intelligence. Groups for consideration of substantive intelligence matters will include representatives of organizations involved in the collection, processing and analysis of intelligence. A senior representative of the Secretary of Commerce, the Attorney General, the Assistant to the President for National Security Affairs, and the Office of the Secretary of Defense shall be invited to participate in any group which deals with other than substantive intelligence matters. 1.4 *The Intelligence Community.* The agencies within the Intelligence Community shall, in accordance with applicable United States law and with the other provisions of this Order, conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States, including: (a) Collection of information needed by the President, the National Security Council, the Secretaries of State and Defense, and other Executive Branch officials for the performance of their duties and responsibilities; (b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the United States, international terrorist and international narcotics activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents; (d) Special activities; (e) Administrative and support activities within the United States and abroad necessary for the performance of authorized activities; and (f) Such other intelligence activities as the President may direct from time to time. 1.5 *Director of Central Intelligence.* In order to discharge the duties and responsibilities prescribed by law, the Director of Central Intelligence shall be responsible directly to the President and the NSC and shall:

(a) Act as the primary adviser to the President and the NSC on national foreign intelligence and provide the President and other officials in the Executive Branch with national foreign intelligence; (b) Develop such objectives and guidance for the Intelligence Community as will enhance capabilities for responding to expected future needs for national foreign intelligence;
(c) Promote the development and maintenance of services of common concern by designated intelligence organizations on behalf of the Intelligence Community; (d) Ensure implementation of special activities; (e) Formulate policies concerning foreign intelligence and counterintelligence arrangements with foreign governments, coordinate foreign intelligence and counterintelligence relationships between agencies of the Intelligence Community and the intelligence or internal security services of foreign governments, and establish procedures governing the conduct of liaison by any department or agency with such services on narcotics activities; (f) Participate in the development of procedures approved by the Attorney General governing criminal narcotics intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs; (g) Ensure the establishment by the Intelligence Community of common security and access standards for managing and handling foreign intelligence systems, information, and products; (h) Ensure that programs are developed which protect intelligence sources, methods, and analytical procedures; (i) Establish uniform criteria for the determination of relative priorities for the transmission of critical national foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such intelligence; (j) Establish appropriate staffs, committees, or other advisory groups to assist in the execution of the Director's responsibilities; (k) Have full responsibility for production and dissemination of national foreign intelligence, and authority to levy analytic tasks on departmental intelligence production organizations, in consultation with those organizations, ensuring that appropriate mechanisms for competitive analysis are developed so that diverse points of view are considered fully and differences of judgment within the Intelligence Community are brought to the attention of national policymakers; (l) Ensure the timely exploitation and dissemination of data gathered by national foreign intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government entities and military commands; (m) Establish mechanisms which translate national foreign intelligence objectives and priorities approved by the NSC into specific guidance for the Intelligence Community, resolve conflicts in tasking priority, provide to departments and agencies having information collection capabilities that are not part of the National Foreign Intelligence Program advisory tasking concerning collection of national foreign intelligence, and provide for the development of plans and arrangements for transfer of required collection tasking authority to the Secretary of Defense when directed by the President; (n) Develop, with the advice of the program managers and departments and agencies concerned, the consolidated National Foreign Intelligence Program budget, and present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National Foreign Intelligence Program funds, in accordance with guidelines established by the Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and, as necessary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no unnecessary overlap between national foreign intelligence programs and Department of Defense intelligence programs consistent with the requirement to develop competitive analysis, and provide to and obtain from the Secretary of Defense all information necessary for this purpose; (r) In accordance with law and relevant procedures approved by the Attorney General under this Order, give the heads of the departments and agencies access to all intelligence, developed by the CIA or the staff elements of the Director of Central Intelligence, relevant to the national intelligence needs of the departments and agencies; and (s) Facilitate the use of national foreign intelligence products by Congress in a secure manner. 1.6 *Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies.*
(a) The heads of all Executive Branch departments and agencies shall, in accordance with law and relevant procedures approved by the Attorney General under this Order, give the Director of Central Intelligence access to all information relevant to the national intelligence needs of the United States, and shall give due consideration to the requests from the Director of Central Intelligence for appropriate support for Intelligence Community activities. (b) The heads of departments and agencies involved in the National Foreign Intelligence Program shall ensure timely development and submission to the Director of Central Intelligence by the program managers and heads of component activities of proposed national programs and budgets in the format designated by the Director of Central Intelligence, and shall also ensure that the Director of Central Intelligence is provided, in a timely and responsive manner, all information necessary to perform the Director's program and budget responsibilities. (c) The heads of departments and agencies involved in the National Foreign Intelligence Program may appeal to the President decisions by the Director of Central Intelligence on budget or reprogramming matters of the National Foreign Intelligence Program. 1.7 *Senior Officials of the Intelligence Community.* The heads of departments and agencies with organizations in the Intelligence Community or the heads of such organizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws by employees and of specified federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department or agency concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; (b) In any case involving serious or continuing breaches of security, recommend to the Attorney General that the case be referred to the FBI for further investigation; (c) Furnish the Director of Central Intelligence and the NSC, in accordance with applicable law and procedures approved by the Attorney General under this Order, the information required for the performance of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep the Director of Central Intelligence appropriately informed, concerning any intelligence activities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthorized disclosure consistent with guidance from the Director of Central Intelligence; (f) Disseminate intelligence to cooperating foreign governments under arrangements established or agreed to by the Director of Central Intelligence; (g) Participate in the development of procedures approved by the Attorney General governing production and dissemination of intelligence resulting from criminal narcotics intelligence activities abroad if their departments, agencies, or organizations have intelligence responsibilities for foreign or domestic narcotics production and trafficking; (h) Instruct their employees to cooperate fully with the Intelligence Oversight Board; and (i) Ensure that the Inspectors General and General Counsels for their organizations have access to any information necessary to perform their duties assigned by this Order. 1.8 *The Central Intelligence Agency.* All duties and responsibilities of the CIA shall be related to the intelligence functions set out below. As authorized by this Order; the National Security Act of 1947, as amended; the CIA Act of 1949, as amended; appropriate directives or other applicable law, the CIA shall: (a) Collect, produce and disseminate foreign intelligence and counterintelligence, including information not otherwise obtainable. The collection of foreign intelligence or counterintelligence within the United States shall be coordinated with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (b) Collect, produce and disseminate intelligence on foreign aspects of narcotics production and trafficking; (c) Conduct counterintelligence activities outside the United States and, without assuming or performing any internal security functions, conduct counterintelligence activities within the United States in coordination with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (d) Coordinate counterintelligence activities and the collection of information not otherwise obtainable when conducted outside the United States by other departments and agencies; (e) Conduct special activities approved by the President. No agency except the CIA (or the Armed Forces of the United States in time of war declared by Congress or during any period covered by a report from the President to the Congress under the War Powers Resolution (87 Stat. 855)HPT1
THP) may conduct any special activity unless the President determines that another agency is more likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence Community as directed by the NSC;
(g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized functions; (h) Protect the security of its installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the CIA as are necessary; and
(i) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (h) above, including procurement and essential cover and proprietary arrangements.
1.9 *The Department of State.* The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy concerns; (b) Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary's responsibilities; (c) Disseminate, as appropriate, reports received from United States diplomatic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community to the Chiefs of United States Missions abroad; and (e) Support Chiefs of Missions in discharging their statutory responsibilities for direction and coordination of mission activities. 1.10 *The Department of the Treasury.* The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information; (b) Participate with the Department of State in the overt collection of general foreign economic information; (c) Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary's responsibilities; and (d) Conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President of the United States, the Executive Office of the President, and, as authorized by the Secretary of the Treasury or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against such surveillance, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of the Treasury and the Attorney General.
1.11 *The Department of Defense.* The Secretary of Defense shall: (a) Collect national foreign intelligence and be responsive to collection tasking by the Director of Central Intelligence; (b) Collect, produce and disseminate military and military-related foreign intelligence and counterintelligence as required for execution of the Secretary's responsibilities;
(c) Conduct programs and missions necessary to fulfill national, departmental and tactical foreign intelligence requirements; (d) Conduct counterintelligence activities in support of Department of Defense components outside the United States in coordination with the CIA, and within the United States in coordination with the FBI
pursuant to procedures agreed upon by the Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States Government, signals intelligence and communications security activities, except as otherwise directed by the NSC; (f) Provide for the timely transmission of critical intelligence, as defined by the Director of Central Intelligence, within the United States Government;
(g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized intelligence functions; (h) Protect the security of Department of Defense installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary; (i) Establish and maintain military intelligence relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations, and ensure that such relationships and programs are in accordance with policies formulated by the Director of Central Intelligence; (j) Direct, operate, control and provide fiscal management for the National Security Agency and for defense and military intelligence and national reconnaissance entities; and (k) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (j) above. 1.12 *Intelligence Components Utilized by the Secretary of Defense.* In carrying out the responsibilities assigned in section 1.11, the Secretary of Defense is authorized to utilize the following: (a) *Defense Intelligence Agency,* whose responsibilities shall include; (1) Collection, production, or, through tasking and coordination, provision of military and military-related intelligence for the Secretary of Defense, the Joint Chiefs of Staff, other Defense components, and, as appropriate, non-Defense agencies; (2) Collection and provision of military intelligence for national foreign intelligence and counterintelligence products; (3) Coordination of all Department of Defense intelligence collection requirements; (4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Staff. (b) *National Security Agency,* whose responsibilities shall include: (1) Establishment and operation of an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense; (2) Control of signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders;
(3) Collection of signals intelligence information for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence; (5) Dissemination of signals intelligence information for national foreign intelligence purposes to authorized elements of the Government, including the military services, in accordance with guidance from the Director of Central Intelligence; (6) Collection, processing and dissemination of signals intelligence information for counterintelligence purposes; (7) Provision of signals intelligence support for the conduct of military operations in accordance with tasking, priorities, and standards of timeliness assigned by the Secretary of Defense. If provision of such support requires use of national collection systems, these systems will be tasked within existing guidance from the Director of Central Intelligence; (8) Executing the responsibilities of the Secretary of Defense as executive agent for the communications security of the United States Government; (9) Conduct of research and development to meet the needs of the United States for signals intelligence and communications security; (10) Protection of the security of its installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the NSA as are necessary; (11) Prescribing, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the NSA, and exercising the necessary supervisory control to ensure compliance with the regulations; (12) Conduct of foreign cryptologic liaison relationships, with liaison for intelligence purposes conducted in accordance with policies formulated by the Director of Central Intelligence; and (13) Conduct of such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (1) through (12) above, including procurement. (c) *Offices for the collection of specialized intelligence through reconnaissance programs,* whose responsibilities shall include: (1) Carrying out consolidated reconnaissance programs for specialized intelligence; (2) Responding to tasking in accordance with procedures established by the Director of Central Intelligence; and (3) Delegating authority to the various departments and agencies for research, development, procurement, and operation of designated means of collection. (d) The foreign intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps, whose responsibilities shall include: (1) Collection, production and dissemination of military and military-related foreign intelligence and counterintelligence, and information on the foreign aspects of narcotics production and trafficking. When collection is conducted in response to national foreign intelligence requirements, it will be conducted in accordance with guidance from the Director of Central Intelligence. Collection of national foreign intelligence, not otherwise obtainable, outside the United States shall be coordinated with the CIA, and such collection within the United States shall be coordinated with the FBI; (2) Conduct of counterintelligence activities outside the United States in coordination with the CIA, and within the United States in coordination with the FBI; and
(3) Monitoring of the development, procurement and management of tactical intelligence systems and equipment and conducting related research, development, and test and evaluation activities. (e) Other offices within the Department of Defense appropriate for conduct of the intelligence missions and responsibilities assigned to the Secretary of Defense. If such other offices are used for intelligence purposes, the provisions of Part 2 of this Order shall apply to those offices when used for those purposes. 1.13 *The Department of Energy.* The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting information with respect to foreign energy matters; (b) Produce and disseminate foreign intelligence necessary for the Secretary's responsibilities;
(c) Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and (d) Provide expert technical, analytical and research capability to other agencies within the Intelligence Community. 1.14 *The Federal Bureau of Investigation.* Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate counterintelligence activities of other agencies within the Intelligence Community. When a counterintelligence activity of the FBI involves military or civilian personnel of the Department of Defense, the FBI shall coordinate with the Department of Defense; (b) Conduct counterintelligence activities outside the United States in coordination with the CIA as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (c) Conduct within the United States, when requested by officials of the Intelligence Community designated by the President, activities undertaken to collect foreign intelligence or support foreign intelligence collection requirements of other agencies within the Intelligence Community, or, when requested by the Director of the National Security Agency, to support the communications security activities of the United States Government; (d) Produce and disseminate foreign intelligence and counterintelligence; and (e) Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized above.

## Part 2

Conduct of Intelligence Activities
2.1 *Need.* Accurate and timely information about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded.
2.2 *Purpose.* This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency. 2.3 *Collection of Information.* Agencies within the Intelligence Community are authorized to collect, retain or disseminate information concerning United States persons only in accordance with procedures established by the head of the agency concerned and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order. Those procedures shall permit collection, retention and dissemination of the following types of information: (a) Information that is publicly available or collected with the consent of the person concerned;
(b) Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the FBI or, when significant foreign intelligence is sought, by other authorized agencies of the Intelligence Community, provided that no foreign intelligence collection by such agencies may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons; (c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation; (d) Information needed to protect the safety of any persons or organizations, including those who are targets, victims or hostages of international terrorist organizations; (e) Information needed to protect foreign intelligence or counterintelligence sources or methods from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other agencies of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting; (f) Information concerning persons who are reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility; (g) Information arising out of a lawful personnel, physical or communications security investigation; (h) Information acquired by overhead reconnaissance not directed at specific United States persons;
(i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws; and (j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may disseminate information, other than information derived from signals intelligence, to each appropriate agency within the Intelligence Community for purposes of allowing the recipient agency to determine whether the information is relevant to its responsibilities and can be retained by it.
2.4 *Collection Techniques.* Agencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad.

Agencies are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:(a) The CIA to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance; (b) Unconsented physical searches in the United States by agencies other than the FBI, except for: (1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and (2) Searches by CIA of personal property of non-United States persons lawfully in its possession. (c) Physical surveillance of a United States person in the United States by agencies other than the FBI, except for: (1) Physical surveillance of present or former employees, present or former intelligence agency contractors or their present of former employees, or applicants for any such employment or contracting; and
(2) Physical surveillance of a military person employed by a nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means. 2.5 *Attorney General Approval.* The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with that Act, as well as this Order.
2.6 *Assistance to Law Enforcement Authorities.* Agencies within the Intelligence Community are authorized to: (a) Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property and facilities of any agency within the Intelligence Community; (b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities; (c) Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the General Counsel of the providing agency; and
(d) Render any other assistance and cooperation to law enforcement authorities not precluded by applicable law. 2.7 *Contracting.* Agencies within the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution. 2.8 *Consistency With Other Laws.* Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States. 2.9 *Undisclosed Participation in Organizations Within the United States.* No one acting on behalf of agencies within the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any agency within the Intelligence Community without disclosing his intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the agency head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where: (a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or (b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power. 2.10 *Human Experimentation.* No agency within the Intelligence Community shall sponsor, contract for or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject's informed consent shall be documented as required by those guidelines. 2.11 *Prohibition on Assassination.* No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination. 2.12 *Indirect Participation.* No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order.

## Part 3

General Provisions 3.1 *Congressional Oversight.* The duties and responsibilities of the Director of Central Intelligence and the heads of other departments, agencies, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be as provided in title 50, United States Code, section 413. The requirements of section 662 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the National Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special activities as defined in this Order. 3.2 *Implementation.* The NSC, the Secretary of Defense, the Attorney General, and the Director of Central Intelligence shall issue such appropriate directives and procedures as are necessary to implement this Order. Heads of agencies within the Intelligence Community shall issue appropriate supplementary directives and procedures consistent with this Order. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an agency in the Intelligence Community other than the FBI. The National Security Council may establish procedures in instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds.
3.3 *Procedures.* Until the procedures required by this Order have been established, the activities herein authorized which require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order No. 12036. Procedures required by this Order shall be established as expeditiously as possible. All procedures promulgated pursuant to this Order shall be made available to the congressional intelligence committees. 3.4 *Definitions.* For the purposes of this Order, the following terms shall have these meanings: (a) *Counterintelligence* means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs. (b) *Electronic surveillance* means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter. (c) *Employee* means a person employedby, assigned to or acting for an agency within the Intelligence Community. (d) *Foreign intelligence* means information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities. (e) *Intelligence activities* means all activities that agencies within the Intelligence Community are authorized to conduct pursuant to this Order. (f) *Intelligence Community and agencies within the Intelligence Community* refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA); (2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA); (4) The offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (5) The Bureau of Intelligence and Research of the Department of State; (6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation (FBI), the Department of the Treasury, and the Department of Energy; and (7) The staff elements of the Director of Central Intelligence.

(g) *The National Foreign Intelligence Program* includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President: (1) The programs of the CIA; (2) The Consolidated Cryptologic Program, the General Defense Intelligence Program, and the programs of the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance, except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded;
(3) Other programs of agencies within the Intelligence Community designated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelligence activities;
(4) Activities of the staff elements of the Director of Central Intelligence;
(5) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign Intelligence Program. (h) *Special activities* means activities conducted in support of national foreign policy objectives abroad which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions. (i) *United States person* means a United States citizen, an alien known by the intelligence agency concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. 3.5 *Purpose and Effect.* This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing contained herein or in any procedures promulgated hereunder is intended to confer any substantive or procedural right or privilege on any person or organization. 3.6 *Revocation.* Executive Order No. 12036 of January 24, 1978, as amended, entitled "United States Intelligence Activities," is revoked.

P1

## Appendix **9-4:** Dodd 5200.27 - Acquisition Of Information Concerning Persons And Organizations Not Affiliated With The Department Of Defense See Hthttp://Www.Dtic.Mil/Whs/Directives/Corres/Pdf2/D520027P.Pdfth Appendix **9-5:** Dodd 5240.1 - Dod Intelligence Activities See Hthttp://Www.Dtic.Mil/Whs/Directives/Corres/Pdf/D52401_042588/D52401P.Pdfth Appendix **9-6:** Dod 5240.1-R - Procedures Governing The Activities Of Dod Intelligence Components That Affect U.S. Persons See Hthttp://Www.Dtic.Mil/Whs/Directives/Corres/Pdf2/P52401R.Pdfth Appendix 9-9: Ar 381-10, Us Army Intelligence Activities Appendix 9-10: Ar 381-20, The Army Counterintelligence Program


Appendix 9-11: Policy Guidance for Intel Support in CONUS

APPENDIX 10.

RESERVE COMPONENTS

APPENDIX **10-1:** ROLE OF THE NG IN DOMESTIC SUPPORT OPERATIONS

## Appendix **10-2:** Comparison Of Duty Status For National Guard Personnel Comparison Of Duty Statuses For National Guard Personnel State Active Duty Title 32 Title 10

Command & controlP12
P
State
Governor
State
Governor
Federal
President
P
Who performs duty
Federally organized
NG
Organized NG
in service of USP1
P, RC and National
Guard of USP1
P
ACP8
Where duty performed
IAW state law
CONUS
Worldwide
Pay
IAW state law
Federal pay &
allowances
Federal pay &
allowances
N/A personnel costs
paid by Federal funds
N/A personnel costs
paid by Federal funds
Federal reimbursement
IAW Stafford ActP2
P
P or
Cooperative
AgreementP11
P
P
FTCAP6
Tort immunity
IAW state law
FTCAP6
PCAP3
P application
No
No
Yes
P
No, IAW state law
Yes
Yes
USERRAP4
P
No, IAW state law
No
Yes
SSCRAP5
ODT, ADT, AGR & as
assigned, subj. to PCA
Mission types
IAW state law
IDT, AT, state AGR &
other Federally
authorized
P
Discipline
State military code
State military code
UCMJP7
Federal retirement points
No
Yes
Yes
Other benefits
IAW state law
Federal
Federal
Medical
IAW state law
Federal
Federal
Disability
IAW state law
Federal
Federal
P
P
YesP10
Involuntary order to duty
IAW state law
YesP9
Voluntary order to duty
IAW state law
Yes
Yes


32 USC  502(f) provides:

"Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may-
(1)
without his consent, but with the pay and allowances provided by law; or (2)
with his consent, either with or without pay and allowances;

be ordered to perform training or other duty in addition to that prescribed under subsection (a).  Duty without pay shall be considered for all purposes as if it were duty with pay."


P5
PSoldiers and Sailors Civil Relief Act (50 USC App.  500-548, 560-591)

P6
PFederal Tort Claims Act (28 USC  2671-2680)

P7
PUniform Code of Military Justice (10 USC  800-946)

P8
PActive component

P9
P32 USC 502(f)(1)

P10
PUnder Presidential Reserve Call-up (10 USC  12304); partial mobilization (10 USC
12302); or full mobilization (10 USC  12301(a))


P11
PCooperative agreement if to perform an authorized National Guard function

P12
PSee 10 USC  315, 325


APPENDIX 11.

RULES FOR THE USE OF FORCE
FOR FEDERAL FORCES


APPENDIX **11-1:** U. S. CONSTITUTION
See

## Hthttp://Www.Law.Cornell.Edu/Constitution/Constitution.Overview.Htmlth Appendix **11-2:** Fourth  Amendment, Us Constitution. Amendment Iv

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

## Source: Hthttp://Www.Law.Cornell.Edu/Constitution/Constitution.Billofrights.Html#Amendmentivth Appendix **11-3:** Fifth Amendment, Us Constitution. Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

## Source: Hthttp://Www.Law.Cornell.Edu/Constitution/Constitution.Billofrights.Html#Amendmentivth Appendix **11-4:** Eighth Amendment, Us Constitution. Amendment Viii

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Source: HThttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentivTH


## Appendix **11-5:** Article Ii, Sections 1 (Executive Powers Clause), 2 (Commander In Chief Clause), And 3 (Execution Of Laws Clause). Article Ii

Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
HTThe electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.TH
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
HTIn case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.TH
The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

## Source: Hthttp://Www.Law.Cornell.Edu/Constitution/Constitution.Articleii.Html#Section1Th Appendix **11-6:** 18 Usc  1385, Posse Comitatus Act. See Appendix 2-1 Appendix **11-7:** 10 Usc S 331, *Et Seq*., Insurrection Act. See Appendix 4-1 Appendix **11-8:** 50 Usc  2301 *Et Seq*., Defense Against Weapons Of Mass Destruction Act. See Hthttp://Www4.Law.Cornell.Edu/Uscode/50/Ch40.Htmlth Appendix **11-9:** 10 Usc  12310, Reserve Components Generally. Sec. 12301. - Reserve Components Generally

T**(a)** TIn time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of that Secretary to active duty (other than for training) for the duration of the war or emergency and for six months thereafter. However a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available.
T**(b)** TAt any time, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit organized to serve as a unit, in an active status in a reserve component under the jurisdiction of that Secretary to active duty for not more than 15 days a year. However, units and members of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor of the State (or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard).
T**(c)** TSo far as practicable, during any expansion of the active armed forces that requires that units and members of the reserve components be ordered to active duty (other than for training), members of units organized and trained to serve as units who are ordered to that duty without their consent shall be so ordered with their units. However, members of those units may be reassigned after being ordered to active duty (other than for training).
T**(d)** TAt any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the governor or other appropriate authority of the State concerned.
T**(e)** TThe period of time allowed between the date when a Reserve ordered to active duty (other than for training) is alerted for that duty and the date when the Reserve is required to enter upon that duty shall be determined by the Secretary concerned based upon military requirements at that time.
T**(f)** TThe consent of a Governor described in subsections (b) and (d) may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.
T(g) T**(1)** TA member of a reserve component may be ordered to active duty without his consent if the Secretary concerned determines that the member is in a captive status. A member ordered to active duty under this section may not be retained on active duty, without his consent, for more than 30 days after his captive status is terminated.
T**(2)** TThe Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly among the armed forces under the jurisdiction of the Secretary. A determination for the purposes of this subsection that a member is in a captive status shall be made pursuant to such regulations.
T**(3)** TIn this section, the term ''captive status'' means the status of a member of the armed forces who is in a missing status (as defined in section HT551TH(2) of title HT37TH) which occurs as the result of a hostile action and is related to the member's military status.
T(h) T**(1)** TWhen authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the member, order a member of a reserve component to active duty -
T**(A)** Tto receive authorized medical care; T**(B)** Tto be medically evaluated for disability or other purposes; or

T**(C)** Tto complete a required Department of Defense health care study, which may include an associated medical evaluation of the member.
T**(2)** TA member ordered to active duty under this subsection may, with the member's consent, be retained on active duty, if the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member is otherwise authorized by law.
T**(3)** TA member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to active duty under this subsection only with the consent of the Governor or other appropriate authority of the State concerned.

T**Source:** HThttp://www4.law.cornell.edu/uscode/10/12301.htmlTH

## Notes On Sec. 12301. Source

TAug. 10, 1956, ch. 1041, 70A Stat. 27, Sec. 672T HTPub. L. 85-861TH, Sec. 1(13), 33(a)(5), Sept. 2, 1958, 72 Stat. 1440, 1564T HTPub. L. 96-357TH, Sec. 6, Sept. 24, 1980, 94 Stat. 1182T HTPub. L. 96-584TH, Sec. 1, Dec. 23, 1980, 94 Stat. 3377T HTPub. L. 99-500TH, Sec. 101(c) (title IX, Sec. 9122), Oct. 18, 1986, 100 Stat. 1783-82, 1783-127, and HTPub. L.

99-591TH, Sec. 101(c) (title IX, Sec. 9122), Oct. 30, 1986, 100 Stat. 3341-82, 3341-127T
HTPub. L. 99-661TH, div. A, title V, Sec. 522, 524(a), Nov. 14, 1986, 100 Stat. 3871T HTPub. L. 100-456TH, div. A, title XII, Sec. 1234(a)(1), (2), Sept. 29, 1988, 102 Stat. 2059T Trenumbered Sec. 12301 and amended HTPub. L. 103-337TH, div. A, title XVI, Sec. 1662(e)(2), 1675(c)(1), Oct.

5, 1994, 108 Stat. 2992, 3017T
HTPub. L. 106-65TH, div. A, title V, Sec. 512, Oct. 5, 1999, 113 Stat. 592.T Historical and Revision Notes 1956 Act


Revised section
Source (U.S. Code)
Source (Statutes at Large)
672(a) 672(b) 672(c) 672(d)
50:961(a). 50:961(c). 50:961(g). 50:961(d). 50:962 (1st sentence).
July 9, 1952, ch. 608, Sec. 233 (less (b) and (f)), 234 (1st sentence), 66 Stat. 489, 490.
672(e)
50:961(e).


In subsection (a), the word ''hereafter'' is omitted as surplusage. The words ''there are not enough * * * who are'' are substituted for the words ''adequate numbers of * * * are not''. The words ''without the consent of the persons affected'' and ''under the jurisdiction of that Secretary'' are inserted for clarity. The words ''and the members thereof'' are omitted as surplusage.
In subsection (b), the words ''without the consent of the persons affected'' are substituted for the words ''without his consent'', since units as well as individuals are covered by the revised subsection. The words ''and the members thereof'', ''and required to perform'', ''or required to serve on'', and ''in the service of the United States'' are omitted as surplusage.
In subsections (b) and (d), the words ''active duty for training'' are omitted as covered by the words ''active duty''.
In subsection (c), the words ''to active duty'' are substituted for the words ''into the active military service of the United States'', in 50:961(g) (1st and last sentences). The words ''to serve'' are substituted for the words ''for the purpose of serving''. The words ''without their consent'' are substituted for the word ''involuntarily''. The words ''to that duty'' are substituted for the words ''into active duty''. The last sentence of the revised subsection is substituted for 50:961(g) (last sentence).
In subsection (d), the words ''the consent of that member'' are substituted for the words ''his consent''. The words ''under his jurisdiction'' are inserted for clarity. 50:962 (last 15 words of 1st sentence) is omitted as covered by 50:961(d).
In subsection (e), the words ''to active duty (other than for training)'' are substituted for the words ''into the active military service of the United States''. The words ''period of'' are omitted as surplusage. The word ''requirements'' is substituted for the word ''condition'' for clarity.

## 1958 Act

Revised section Source (U.S. Code)
Source (Statutes at Large)
672(a)
50:961(a).

Aug. 9, 1955, ch. 665, Sec. 2(e), 69 Stat. 599.

The word ''hereafter'' is omitted as surplusage. The words ''there are not enough . . . who are''
are substituted for the words ''adequate numbers of . . . are not''. The words ''without the consent of the persons affected'' and ''under the jurisdiction of that Secretary'' are inserted for clarity.
The changes are necessary to reflect section 101(b) of the Armed Forces Reserve Act of 1952
(HT50TH U.S.C. HT901TH(b)), which defines the term ''active duty'' to exclude active duty for training. This definition applied to the source law for these sections (sections 672 and 673), section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952 (HT50TH U.S.C. HT961TH(a), (b)(HT1TH), (c))

## Codification

HTPub. L. 99-591TH is a corrected version of HTPub. L. 99-500TH.

## Amendments

1999 - Subsec. (h). HTPub. L. 106-65TH added subsec. (h). 1994 - HTPub. L. 103-337TH, Sec. 1662(e)(2), renumbered section HT672TH of this title as this section.
Subsec. (b). HTPub. L. 103-337TH, Sec. 1675(c)(1)(A), substituted ''(or, in the case of the District of Columbia National Guard, the commanding general of the District of Columbia National Guard)''
for ''or Territory or Puerto Rico or the commanding general of the District of Columbia National Guard, as the case may be''.
Subsec. (d). HTPub. L. 103-337TH, Sec. 1675(c)(1)(B), struck out ''or Territory, Puerto Rico, or the District of Columbia, whichever is'' after ''authority of the State''. 1988 - Subsec. (b). HTPub. L. 100-
456TH, Sec. 1234(a)(2), substituted ''or Puerto Rico'' for '', Puerto Rico, or the Canal Zone,''.
Subsec. (d). HTPub. L. 100-456TH, Sec. 1234(a)(1), struck out ''the Canal Zone,'' after ''Puerto Rico,''. 1986 - Subsec. (f). HTPub. L. 99-500TH and HTPub. L. 99-591TH, Sec. 101(c) (Sec. 9122), HTPub. L. 99-
661TH, Sec. 522, amended section identically adding subsec. (f). Subsec. (g). HTPub. L. 99-661TH, Sec.

524(a), added subsec. (g). 1980 - Subsec. (a). HTPub. L. 96-357TH struck out cl. (1) designation for second sentence and cl. (2) prohibition against ordering a member of the Standby Reserve to active duty unless the Director of Selective Service determined that the member was available for active duty.
Subsec. (e). HTPub. L. 96-584TH substituted provisions respecting determination of the allowable time in terms of military requirements for provisions authorizing a reasonable time. 1958 - Subsec.

(a). HTPub. L. 85-861TH, Sec. 1(13), 33(a)(5), inserted ''(other than for training)'' after ''active duty'', substituted ''inactive National Guard'' for ''inactive Army National Guard or in the inactive Air National Guard'', and inserted provisions prohibiting a member of the Standby Reserve from being ordered to active duty under this subsection unless the Director of Selective Service determines that the member is available for active duty.
Subsec. (c). HTPub. L. 85-861TH, Sec. 33(a)(5), inserted ''(other than for training)'' after ''active duty''

## Effective Date Of 1994 Amendment

Amendment by HTPub. L. 103-337TH effective Dec. 1, 1994, except as otherwise provided, see section 1691 of HTPub. L. 103-337TH, set out as an Effective Date note under section HT10001TH of this title

## Effective Date Of 1986 Amendment

Section 524(b) of HTPub. L. 99-661TH provided that: ''Section 672(g) (now 12301(g)) of title HT10TH, United States Code, as added by subsection (a), does not authorize a member of a reserve component to be ordered to active duty for a period before the date of the enactment of this Act (Nov. 14, 1986).''

## Effective Date Of 1958 Amendment

Amendment by section 33(a)(5) of HTPub. L. 85-861TH effective Aug. 10, 1956, see section 33(g)
of HTPub. L. 85-861TH, set out as a note under section HT101TH of this title

## Rule Of Construction For Duplicate Authorization And Appropriation Provisions Of Public Laws 99-500, 99-591, And 99-661

For rule of construction for certain duplicate provisions of Public Laws 99-500, 99-591, and
99-661, see HTPub. L. 100-26TH, Sec. 6, Apr. 21, 1987, 101 Stat. 274, set out as a note under section HT2302TH of this title

## Section Referred To In Other Sections

This section is referred to in sections HT101TH, HT523TH, HT582TH, HT641TH, HT672TH, HT10142TH, HT10151TH, HT10215TH, HT12305TH, HT12306TH, HT12307TH, HT12310TH, HT12408TH, HT12686TH, HT16131TH, HT16133TH of this title; title HT5TH section HT6323TH; title HT38TH sections HT3011TH, HT3013TH, HT3103TH, HT3105TH, HT3231TH, HT3511TH, HT3512TH, HT4211TH, HT4312TH; title HT50TH App. section HT592TH

## Source: Hthttp://Www4.Law.Cornell.Edu/Uscode/10/12301.Notes.Htmlth Appendix **11-10:** 18 Usc  242, Deprivation Of Rights Under Color Of Law Sec. 242. - Deprivation Of Rights Under Color Of Law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both;
and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death

Appendix 11-11: CJCSI 3121.01A, Standing Rules of Engagement (U).

Source: HThttp://www.fas.org/man/dod-101/dod/docs/cjcs_sroe.pdfTH Appendix 11-12: CJCSI 3121.02, Use of Force for Support to Civilian Counterdrug Law Enforcement.



See Appendix 3-8 Appendix 11-13: Draft CJCSI 3121.01B, Standing Rules for Use of Force.

Unclassified portion not currently available for general distribution Appendix 11-14: DoD OPLAN GARDEN PLOT.



See Appendix 4-18

## Appendix 12. Rules For The Use Of Forcefor National Guard Appendix **12-1:** 10 U.S.C., Chapter 15 - Insurrection Act See Appendix 4-1 Appendix 12-2: 18 U.S.C.  1385 - The Posse Comitatus Act (Pca) See Appendix 2-1 Appendix **12-3:** 28 U.S.C.  1346, 2671 - 2680 Federal Tort Claims Act See Appendix 4-6 Appendix **12-4:** 32 Usc  502- Required Drills And Field Exercises

Sec. 502. - Required drills and field exercises
T**(a)** TUnder regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall -
(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year;
and
(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.
However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard.
T**(b)** TAn assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days.
T**(c)** TThe total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period.
T**(d)** TNo organization may receive credit for an assembly for drill or indoor target practice unless -
(1) the number of members present equals or exceeds the minimum number prescribed by the President;
(2) the period of military duty or instruction for which a member is credited is at least one and onehalf hours; and
(3) the training is of the type prescribed by the Secretary concerned.
T**(e)** TAn appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a regularly scheduled drill.
T**(f)** TUnder regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may -
(1) without his consent, but with the pay and allowances provided by law; or (2) with his consent, either with or without pay and allowances;
be ordered to perform training or other duty in addition to that prescribed under subsection
(a). Duty without pay shall be considered for all purposes as if it were duty with pay

## Appendix **12-5:** Ngr 500-1 - Military Support To Civil Authorities See Appendix 8-20 Appendix **12-6:** Emergency Management Assistance Compact (Emac)


APPENDIX **12-7:** STATE RULES FOR THE USE OF FORCE CHECK

I.
Format and Approval
A.
Annex to OPLAN/OPORD
B.
MOA/MOU
C.
Soldier pocket card
D.
Arming orders
E.
Other
F.
Approval of amendment by TAG/TF Cdr required/subordinate headquarters may Impose
more restrictive RUF

II.
Definitions
A.
Asset inherently/not inherently dangerous to others
B.
Asset vital/not vital to national security
C.
Dangerous instrument
D.
Deadly force, non-deadly force
1.   Use of firearm always deadly force 2.   Other
E.
Deadly weapon, non-deadly weapon
F.
Detention
G.
Hostile act, hostile intent, hostile force
H.
Necessary/reasonable force
I.
Peace officer
J.
Physical/bodily injury
K.
Reasonable belief
L.
Self defense
M.
Serious physical/bodily injury
N.
Terrorism

III.
Use of Force
A.
Mission and relationship of RUF to mission
B.
General duty to avoid use of force; preference for use of non-deadly force if at all
C.
General requirement for training and provision for legal protection (see Training Below)
D.
Rules for use of force applicable to both non-deadly and deadly force
1.   Apply/don't apply scheme of NGR 500-1, para 4-6 for SAD (must be determined IAW
the law and civil and military policies of that state).
2.   Employ minimum force necessary/readily available, using escalating/tailored response:
a.
request civilian peace officer to handle situation
b.
verbal persuasion/order/warning
c.
display/use of non-lethal weapon
d.
display of lethal weapon
e.
verbal warning for use of lethal weapon
f.
warning shots allow/not allowed
g.
use of weapon to injure/stop
h.
use of weapon to kill
3.
Use force options in FM 19-15 and NG Civil Disturbance Handbook as a guide
4.
Self Defense using deadly/non-deadly weapon(s) always available (see Self Defense
below)
5.
Allow surrender, treat humanly, respect private property
E.
Situations requiring/allowing use of force
1.
Self defense (see Self Defense below)
2.
Mission accomplishment
a. Apprehension/detention
b.
Search, seizure
c.
Civil disturbance
d.
Crowd control
e.
Enforcement of orders of civil authorities
f.
Detaining
g.
Apprehending
h.
Prevent escape of detained or apprehended person
i.
Pursuit of suspect of crime
j.
Defense of occupied/unoccupied property
k.
Prevent specified/unspecified offenses at specified/unspecified times/places
l.
Specified THREATCON levels (see THREATCON RUF below)
m.
At direction/request of CLEO
F.   Non-deadly force
1.   Use of force authorized/authorized for specific purposes (e.g., apprehension, detention,
protection of occupied/unoccupied property)/unauthorized
2.   Specific weapons/devices authorized
a.
Pepper spray, RCA
b.
Flex cuffs
c.
Baton

d.
Other (see Weapons below)

G.
Deadly force
1.
General conditions for employment
a.
Non-deadly force exhausted or self defense requires
b.
Authorized/authorized for specified purposes (e.g., apprehension, detention,
protection of occupied/unoccupied property)/unauthorized
c.
No danger to others
d.
Warning required if possible
e.
Warning shots authorized/unauthorized
2.   Other considerations
a.
Situs of defender (e.g., residence of person employing force)
b.
Any conditions for use of particular weapon satisfied (e.g. use of lock plates
on M16)
c.
Status of person employing force
(1)
armed citizen
(2)
peace officer
(3)
armed citizen at direction of/authorization by peace officer/other  official
d.
reasonable belief of person employing force
e.
assistance to victim(s), Call 911, etc.
f.
If mission cannot be accomplished without use of deadly force and deadly
force not permitted, mission must be changed or delayed (assuming RUF not amended) until sufficient non-deadly force arrives to accomplish the mission.
g.
Report use of force/discharge of firearm/violations of RUF through chain of
command
h.
Pneumonic devices:
(1)
R-A-M-P
(2)
C-P-A
(3)
L-I-D
(4)
W-O-C-S

IV.
Self Defense
A.
Defense of Self
B.
Defense of others
C.
Defense of occupied property
D.
Conditions for employment
1.
Response to hostile act, hostile intent
2.
Use minimum force necessary/available (see Use of Force above)
3.
Retreat doctrine v. right to position defense
a.
Situs of defender (e.g., defender's home)
b.
Status of defender (same as Use of Force E1e above)
c.
Reasonable belief of defender
4.
Response must be proportional in degree, intensity, and duration
5.
Searches for protection of force or incident to lawful apprehension

V.   Powers of Peace Officer
D.
Statutory or other bases
E.
Use of Force
F.
Apprehension/Detention
G.
Search and seizure

VI.
Apprehension/Detention
A.
Clarification of military vs. civilian terms
1.   Arrest 2.   Apprehension
B.
Detention
C.
Authorized/authorized under stated conditions/unauthorized
D.
Probable cause
E.
Use of force/resisting arrest
F.
Pursuit of suspects, hot pursuit
G.
Reliance on civilian law enforcement (see Civilian Law Enforcement below)
H.
Treatment of persons apprehended/arrested, or detained
I.
Use of flex cuffs (allowed/allowed under specified conditions/not allowed)
J.
Completion of apprehension/arrest or detention record (DA Form 3316-R)
K.
NG forces may/may under specified conditions/may not conduct interrogations (Art. 31
rights would apply)
L.
 NG forces may/may under specified circumstances/may not advise individuals of
Miranda/Art. 31 rights

VII.
Search and Seizure
A.
Search (including/excluding stop and frisk)
B.
Seizure
C.
Authorized/authorized under specified conditions/not authorized
1.
Persons/property
2.
Purpose
a.
Mission accomplishment
b.
Self defense (see Self Defense above)
3.
Probable cause, reasonable suspicion
4.
Bases of execution
a.
Search (no warrant issued)
(1)
consent
(2)
incident to lawful apprehension/arrest or detention
(3)
exigent circumstances
(4)
probable cause (e.g., plain view)
b.
Seizure (no warrant issued)
(1)
consent
(2)
safety of force
(3)
evidence of an offense
5.
Method of execution
a.
Special use area
b.
Pat downs of female suspects
6.
Role of/Reliance on civilian authorities (see Civilian Law Enforcement below)
7.
Safe keeping of/account for seized property (DA 3316-R)
8.
Use of force (see Use of Force above)
9.
Notification to civilian law enforcement

VIII.   Weapons
A.
Type
1.
Usually allowed
a.
Rifle
b.
Pistol
c.
Bayonet
d.
Baton
e.
Pepper spray
2.
Allowed only in limited circumstances
a.
Working dogs
b.
High pressure water
c.
M203
d.
RCAs
e.
Crew served


3.
Usually not allowed
a.
Privately owned
B.
Conditions for Use
1.
Secure storage required
2.
Use of force (see Use of Force above)
3.
Use only in approved manner (e.g., use of M16 only with lock plate)
4.
Tactical control of increasingly deadlier force by NCO or officer
5.
Firearms not to be fired from moving vehicles (self defense exception)
6.
Discharge of firearm report required
C.
Arming orders
1.
Use chart/matrix
2.
Use numbered levels
3.
To be used/not used sequentially
4.
Soldier card

IX.
THREATCON RUF
A.
THREATCON levels
B.
RUF for each THREATCON level
C.
THREATCON Arming orders

D.
Role of Cdr
X.   Training
A.
Subjects
1.
Mission
2.
Method of execution
3.
Use of force
a.
General principles
b.
Self defense
c.
Mission accomplishment
4.   Apprehension/arrest or detention
5.   Search and seizure
6.   Use of pneumonic device (see Use of Force above)
7.   Use of arming order
8.
Legal authority/protection
a.
Civil liability
b.
Criminal liability
9.   Use of protective equipment
10.
Use only approved method of employment of weapons/equipment
11.
Civilian law enforcement
12.
Weapons qualification
B.
Method
1.
Briefing/hand outs
2.
Vignettes
3.
Pneumonic devices (see Use of Force above)
4.
Testing
C.
Soldier acknowledges receipt of training

XI.
Command/Commander Responsibility
A.
Exercise Close supervision over operations involving use of force
1.
Lautenberg compliance
2.
Security clearance requirements
3.
Safe storage of weapons
4.
Tactical control/direction at point of mission execution

B.
Training in use of force, weapons, and equipment (see Training above)
C.
Direct control of NG forces is/is not given to civilian law enforcement

XII.
Civilian Law Enforcement
A.
Role, location, contacting, relationship with
B.
NG forces are/are not under direct control of civilian authorities
C.
Use/reliance on for specified purposes
1.
Apprehension/arrest or detention
2.
Search
3.
Seizure
4.
Operation of detention facility

XIII.
Special Orders/General Orders/Coordinating Instructions
A.
Maintain professional appearance and bearing at all times
B.
Treat all civilians respectfully
C.
Do not discuss operations outside military chain of command
D.
Report accidents and injuries through chain of command
E.
Code of ethics (Do's and don'ts less than RUF while performing duty)
F.
Issuance and accountability of weapons, ammunition, and other equipment
G.
Method/place of deployment at airport
H.
Applicability of state UCMJ
I.
General characteristics of a terrorist

XIV.   Contact With Media Personnel
A.
You may/may not respond to request from the media for interviews or statements.
B.
Refer questions on Army/National Guard policy to military Public Affairs Officer C.
Do not unnecessarily impede freedom of movement of properly identified media personnel APPENDIX 13.

DOMESTIC SUPPORT OPERATIONS FUNDING

APPENDIX **13-1:** 18 U.S.C.  1385, POSSE COMITATUS ACT.



See Appendix 2-1

APPENDIX **13-2:** 10 U.S.C.  371-382, CHAPTER 18, MILITARY SUPPORT FOR
CIVILIAN LAW ENFORCEMENT AGENCIES.



See Appendix 2-2

APPENDIX **13-3:** 10 U.S.C.  331-334, CHAPTER 15, INSURRECTIONS.

See Appendix 4-1

APPENDIX **13-4:** 10 U.S.C. 2012, INNOVATIVE READINESS TRAINING.

See Appendix 7-1

APPENDIX **13-5:** 10 U.S.C. 2551, EQUIPMENT AND OTHER SERVICES:  NATIONAL
VETERANS' ORGANIZATIONS.

Sec. 2551. - Equipment and barracks: national veterans' organizations
T**(a)** TThe Secretary of a military department, under conditions prescribed by him, may lend cots, blankets, pillows, mattresses, bed sacks, and other supplies under the jurisdiction of that department to any recognized national veterans' organization for use at its national or state convention or national youth athletic or recreation tournament. He may, under conditions prescribed by him, also permit the organization to use unoccupied barracks under the jurisdiction of that department for such an occasion.
T**(b)** TProperty lent under subsection (a) may be delivered on terms and at times agreed upon by the Secretary of the military department concerned and representatives of the veterans' organization. However, the veterans' organization must defray any expense incurred by the United States in the delivery, return, rehabilitation, or replacement of that property, as determined by the Secretary.
T**(c)** TThe Secretary of the military department concerned shall require a good and sufficient bond for the return in good condition of property lent or used under subsection (a)

APPENDIX **13-6:** 10 U.S.C. 2552, EQUIPMENT AND OTHER SERVICES:  AMERICAN
RED CROSS.

Sec. 2552. - Equipment for instruction and practice: American National Red Cross
The Secretary of a military department, under regulations to be prescribed by him, may lend equipment under the jurisdiction of that department that is on hand, and that can be temporarily spared, to any organization formed by the American National Red Cross that needs it for instruction and practice for the purpose of aiding the Army, Navy, or Air Force in time of war. The Secretary shall by regulation require the immediate return, upon request, of equipment lent under this section. The Secretary shall require a bond, in double the value of the property issued under this section, for the care and safekeeping of that property and for its return when required

## Appendix **13-7:** 10 U.S.C. 2554, Equipment And Other Services: Boy Scout Jamborees. See Appendix 7-2 Appendix **13-8:** 10 U.S.C. 2555, Equipment And Services:  Girl Scouts Of America.

Sec. 2555. - Transportation services: international Girl Scout events
T(a) TThe Secretary of Defense is authorized, under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Air Mobility Command for (1) those Girl Scouts and officials certified by the Girl Scouts of the United States of America as representing the Girl Scouts of the United States of America at any International World Friendship Event or Troops on Foreign Soil meeting which is endorsed and approved by the National Board of Directors of the Girl Scouts of the United States of America and is conducted outside of the United States, (2)United States citizen delegates coming from outside of the United States to triennial meetings of the National Council of the Girl Scouts of the United States of America, and
(3) the equipment and property of such Girl Scouts and officials, to the extent that such transportation will not interfere with the requirements of military operations.

T(b) TBefore furnishing any transportation under subsection (a), the Secretary of Defense shall take from the Girl Scouts of the United States of America a good and sufficient bond for the reimbursement to the United States by the Girl Scouts of the United States of America, of the actual costs of transportation furnished under subsection (a).

## T(C) Tamounts Paid To The United States To Reimburse It For The Actual Costs Of Transportation Furnished Under Subsection (A) Shall Be Credited To The Current Applicable Appropriations Or Funds To Which Such Costs Were Charged And Shall Be Available For The Same Purposes As Such Appropriations Or Funds Appendix **13-9:** 10 U.S.C. 2556, Equipment And Services: Homeless.

Sec. 2556. - Shelter for homeless; incidental services T(a)
(1) The Secretary of a military department may make military installations under his jurisdiction available for the furnishing of shelter to persons without adequate shelter. The Secretary may, incidental to the furnishing of such shelter, provide services as described in subsection (b). Shelter and incidental services provided under this section may be provided without reimbursement.
(2) The Secretary concerned shall carry out this section in cooperation with appropriate State and local governmental entities and charitable organizations. The Secretary shall, to the maximum extent practicable, use the services and personnel of such entities and organizations in determining to whom and the circumstances under which shelter is furnished under this section.
(b) Services that may be provided incident to the furnishing of shelter under this section are the following:

(1) Utilities. (2) Bedding. (3) Security. (4) Transportation. (5) Renovation of facilities.
(6) Minor repairs undertaken specifically to make suitable space available for shelter to be provided under this section. (7) Property liability insurance.
(c) Shelter and incidental services may only be provided under this section to the extent that the Secretary concerned determines will not interfere with military preparedness or ongoing military functions. (d) The Secretary concerned may provide bedding for support of shelters for the homeless that are operated by entities other than the Department of Defense. Bedding may be provided under this subsection without reimbursement, but may only be provided to the extent that the Secretary determines that the provision of such bedding will not interfere with military requirements.

## (E) The Secretary Of Defense Shall Prescribe Regulations For The Administration Of This Section Appendix **13-10:** 10 U.S.C. 2558, Equipment And Services: National Military Associations: Assistance At National Conventions. Sec. 2558. - National Military Associations: Assistance At National Conventions

(a) TAuthority To Provide Services. -T The Secretary of a military department may provide services described in subsection (c) in connection with an annual conference or convention of a national military association.
(b) TConditions for Providing Services. -T Services may be provided under this section only if -
(1) the provision of the services in any case is approved in advance by the Secretary concerned;
(2) the services can be provided in conjunction with training in appropriate military skills; and
(3) the services can be provided within existing funds otherwise available to the Secretary concerned.
(c) TCovered Services. -T Services that may be provided under this section are -

(1) limited air and ground transportation; (2) communications;
(3) medical assistance;
(4) administrative support; and (5) security support.
(d) TNational Military Associations. -T The Secretary of Defense shall designate those organizations which are national military associations for purposes of this section.
(e) TRegulations. -T The Secretary of Defense shall prescribe regulations to carry out this section.

## Appendix **13-11:** 10 U.S.C. 2562, Prohibition On Transfer Of Construction Of Firefighting Equipment In Fms.

Sec. 2562. - Limitation on use of excess construction or fire equipment from Department of Defense stocks in foreign assistance or military sales programs
(a) TLimitation. -T Excess construction or fire equipment from the stocks of the Department of Defense may be transferred to any foreign country or international organization pursuant to part II of the Foreign Assistance Act of 1961 (HT22TH U.S.C. HT2301TH et seq.) or section 21 of the Arms Export Control Act (HT22TH U.S.C.

HT2761TH) only if -
(1) no department or agency of the Federal Government (other than the Department of Defense), no State, and no other person or entity eligible to receive excess or surplus property under subtitle I of title HT40TH and title III of the Federal Property and Administrative Services Act of 1949 (HT41TH U.S.C. HT251TH
et seq.) submits to the Defense Reutilization and Marketing Service a request for such equipment during the period for which the Defense Reutilization and Marketing Service accepts such a request; or
(2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited.
(b) TRule of Construction. -T Nothing in subsection (a) shall be construed to limit the authority to transfer construction or fire equipment under section HT2557TH of this title.
(c) TDefinition. -T In this section, the term ''construction or fire equipment'' includes tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, pumpers, fuel and water tankers, crash trucks, utility vans, rescue trucks, ambulances, hook and ladder units, compressors, and miscellaneous fire fighting equipment.

## Appendix **13-12:** 10 U.S.C. 2564, Provision Of Support For Certain Sporting Events. Sec. 2564. - Provision Of Support For Certain Sporting Events

(a) TSecurity and Safety Assistance. -T At the request of a Federal, State, or local government agency responsible for providing law enforcement services, security services, or safety services, the Secretary of Defense may authorize the commander of a military installation or other facility of the Department of Defense or the commander of a specified or unified combatant command to provide assistance for the World Cup Soccer Games, the Goodwill Games, the Olympics, and any other civilian sporting event in support of essential security and safety at such event, but only if the Attorney General certifies that such assistance is necessary to meet essential security and safety needs.
(b) TOther Assistance. -T The Secretary of Defense may authorize a commander referred to in subsection (a)
to provide assistance for a sporting event referred to in that subsection in support of other needs relating to such event, but only -
(1) to the extent that such needs cannot reasonably be met by a source other than the Department; (2) to the extent that the provision of such assistance does not adversely affect the military preparedness of the armed forces; and (3) if the organization requesting such assistance agrees to reimburse the Department for amounts expended by the Department in providing the assistance in accordance with the provisions of section HT377TH of this title and other applicable provisions of law.
(c) TInapplicability to Certain Events. -T Subsections (a) and (b) do not apply to the following sporting events:
(1) Sporting events for which funds have been appropriated before September 23, 1996.
(2) TThe Special Olympics.T
(3) The Paralympics.
(d) TTerms and Conditions. -T The Secretary of Defense may require such terms and conditions in connection with the provision of assistance under this section as the Secretary considers necessary and appropriate to protect the interests of the United States.
(e) TReport on Assistance. -T Not later than January 30 of each year following a year in which the Secretary of Defense provides assistance under this section, the Secretary shall submit to Congress a report on the assistance provided. The report shall set forth -
(1) a description of the assistance provided;
(2) the amount expended by the Department in providing the assistance; (3) if the assistance was provided under subsection (a), the certification of the Attorney General with respect to the assistance under that subsection; and (4) if the assistance was provided under subsection (b) -
T(A) Tan explanation why the assistance could not reasonably be met by a source other than the Department; and
T(B) Tthe amount the Department was reimbursed under that subsection.

## Appendix **13-13:** 10 U.S.C. 2576, Sale Or Donation Of Military Equipment. Sec. 2576. - Surplus Military Equipment: Sale To State And Local Law Enforcement And Firefighting Agencies

(a) The Secretary of Defense, under regulations prescribed by him, may sell to State and local law enforcement and firefighting agencies, at fair market value, pistols, revolvers, shotguns, rifles of a caliber not exceeding .30, ammunition for such firearms, gas masks, and protective body armor which
(1) are suitable for use by such agencies in carrying out law enforcement and firefighting activities, and
(2) have been determined to be surplus property under subtitle I of title HT40TH and title III of the Federal Property and Administrative Services Act of 1949 (HT41TH U.S.C. HT251TH et seq.).

## (B) Such Surplus Military Equipment Shall Not Be Sold Under The Provisions Of This Section To A State Or Local Law Enforcement Or Firefighting Agency Unless Request Therefor Is Made By Such Agency, In Such Form And Manner As The Secretary Of Defense Shall Prescribe, And Such Request, With Respect To The Type And Amount Of Equipment So Requested, Is Certified As Being Necessary And Suitable For The Operation Of Such Agency By The Governor (Or Such State Official As He May Designate) Of The State In Which Such Agency Is Located. Equipment Sold To A State Or Local Law Enforcement Or Firefighting Agency Under This Section Shall Not Exceed, In Quantity, The Amount Requested And Certified For Such Agency And Shall Be For The Exclusive Use Of Such Agency. Such Equipment May Not Be Sold, Or Otherwise Transferred, By Such Agency To Any Individual Or Public Or Private Organization Or Agency Appendix **13-14:** 10 U.S.C. 2667, Lease Of Dod Property. See Appendix 4-2 Appendix **13-15:** 31 U.S.C. 1535, Economy Act. See Appendix 4-7 Appendix 13-16: 31 U.S.C. 3302, Miscellaneous Receipts. Sec. 3302. - Custodians Of Money

(a) Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without -

(1) lending the money; (2) using the money; (3) depositing the money in a bank; and (4) exchanging the money for other amounts.
(b) Except as provided in section 3718(b) HTP[1]
TPH of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim.

(c)
(1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian.
(2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1).
(d) An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to which the official or agent may be entitled.
(e) An official or agent of the Government having custody or possession of public money shall keep an accurate entry of each amount of public money received, transferred, and paid.

## (F) When Authorized By The Secretary, An Official Or Agent Of The Government Having Custody Or Possession Of Public Money, Or Performing Other Fiscal Agent Services, May Be Allowed Necessary Expenses To Collect, Keep, Transfer, And Pay Out Public Money And To Perform Those Services. However, Money Appropriated For Those Expenses May Not Be Used To Employ Or Pay Officers And Employees Of The Government Appendix **13-17:** 32 U.S.C.  112, Drug Interdiction And Counter-Drug Activities. See Appendix 3-5 Appendix **13-18:** 42 U.S.C.  5121, Et Seq., As Amended, Stafford Act. See Appendix 5-11 Appendix **13-19:** 50 U.S.C.  2311, Response To Threats Of Terrorist Use Of Weapons Of Mass Destruction. Sec. 2311. - Response To Threats Of Terrorist Use Of Weapons Of Mass Destruction

(a) TEnhanced response capabilityT
In light of the potential for terrorist use of weapons of mass destruction against the United States, the President shall take immediate action -
(1) to enhance the capability of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction; and
(2) to provide enhanced support to improve the capabilities of State and local emergency response agencies to prevent and respond to such incidents at both the national and the local level.
(b) TReport requiredT
Not later than January 31, 1997, the President shall transmit to Congress a report containing -
(1) an assessment of the capabilities of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction and to support State and local prevention and response efforts;
(2) requirements for improvements in those capabilities; and

## (3) The Measures That Should Be Taken To Achieve Such Improvements, Including Additional Resources And Legislative Authorities That Would Be Required Appendix **13-20:** Dodd 1100.20, Support And Services For Eligible Organizations And Activities Outside The Department Of Defense See Appendix 7-4 Appendix **13-21:** Dodd 2000.15, Support To Special Events See Appendix 7-5 Appendix **13-22:** Dodd 3025.15, Military Assistance To Civil Authorities See Appendix 4-9 Appendix **13-23:** Dodd. 3025.1, Military Support To Civil Authorities See Appendix 6-3 Appendix **13-24:** Dod 3025.1M, Manual For Civil Emergencies See Appendix 5-16 Appendix **13-25:** Dodd. 3025.12, Military Assistance For Civil Disturbances See Appendix 2-4 Appendix **13-26:** Dodd. 5525.5, Dod Cooperation With Civilian Law Enforcement Officials 15 January 1986, Through Change 1, 20 December 1989. See Appendix 2-3

APPENDIX **13-27:** NGR 500-1/ ANGI 10-8101, MILITARY SUPPORT TO CIVIL
AUTHORITIES.

See Appendix 8-2

APPENDIX **13-28:** NGB 500-2/ ANGI 10-801, NATIONAL GUARD COUNTERDRUG
SUPPORT.

See Appendix 3-10

APPENDIX **13-29:** CJCS INSTRUCTION 3710.01, DELEGATION OF AUTHORITY FOR
APPROVING OPERATIONAL SUPPORT TO DRUG LAW ENFORCEMENT AGENCIES AND COUNTERDRUG-RELATED DEPLOYMENT OF DOD PERSONNEL.



See Appendix 3-9

APPENDIX **13-30:** AR 500-50, CIVIL DISTURBANCES.

See Appendix 4-13

APPENDIX **13-31:** AR 500-51, SUPPORT TO CIVILIAN LAW ENFORCEMENT.

See Appendix 2-8

APPENDIX **13-32:** AR 700-131, LOAN, LEASE AND DONATION OF ARMY MATERIAL
See Appendix 4-14

APPENDIX **13-33:** DOD CIVIL DISTURBANCE PLAN GARDEN PLOT.

See Appendix 4-18

APPENDIX **13-34:** FM 100-19, DOMESTIC SUPPORT OPERATIONS.

See Appendix 4-17