193

APPENDICES
194
APPENDIX 1-1: D OMESTIC S UPPORT O PERATIONS

195

Appendix 1-1: Domestic Support Operations

Hierarchy of Support to Domestic Operations

Types of Domestic Support Emergencies

Types of Domestic Emergencies

! Enemy Attack

! Insurrection

! Civil Disturbance

! Earthquake

! Fire

! Flood

! Tsunami/Tidal Wave

! Meteor Impact

! Tornado

! Space Debris Impact

! Animal Disease

! Mass Immigration

! Hurricane/Typhoon

! Volcanic Eruption

! Landslide

! Biological Incident

! Explosion

! Radiological Incident

! Snowstorm

! Drought

! Oil Spill

! Chemical Incident

! Epidemic

! Postal Work Stoppage

Response

Fe der al 

(may inclu de

active comp onent tr oops)

State 

(may inclu de Nat ional Guard)

Local

Role of the m ilitary will always b e in suppor t of local asset s
APPENDIX 1-1: D OMESTIC S UPPORT O PERATIONS

196
APPENDIX 2-1, T ITLE 10, C HAPT . 18

197

Appendix 2-1: Statutes Governing Support to Law Enforcement

TITLE 10, CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW

ENFORCEMENT AGENCIES.

1

10 USC §371 - Use of information collected during military operations.

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 operations that may be relevant to a

violation of any Federal or State law within the jurisdiction of

such officials. The needs of civilian law enforcement officials

for information shall, to the maximum extent practicable, be

taken into account in the planning and execution of military

training or operations.

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.

10 USC §372 - Use of military equipment and facilities.

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.

Emergencies Involving Chemical and Biological Agents. 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

 

1

 This reprint of 10 USC Chapter 18 was current as of the date printed. Always check for changes to the

law before relying on this source material.
APPENDIX 2-1, T ITLE 10, C HAPT . 18

198

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.

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:

Training facilities.

Sensors.

Protective clothing.

Antidotes.

10 USC §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 –

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

to provide such law enforcement officials with expert

advice relevant to the purposes of this chapter.

10 USC §374. Maintenance and operation of equipment.

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 civilian

law enforcement officials, including equipment made available

under section 372 of this title.

(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 criminal violation of a provision of law specified in

paragraph (4)(A);

assistance that such agency is authorized to furnish to a

State, local, or foreign government which is

involved in the enforcement of similar laws;

a foreign or domestic counter-terrorism operation; or
APPENDIX 2-1, T ITLE 10, C HAPT . 18

199

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:

Detection, monitoring, and communication of the

movement of air and sea traffic.

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.

Aerial reconnaissance.

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.

Operation of equipment to facilitate communications in

connection with law enforcement programs

specified in paragraph (4)(A).

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
APPENDIX 2-1, T ITLE 10, C HAPT . 18

200

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:

The term ''Federal law enforcement agency'' means a Federal

agency with jurisdiction to enforce any of the following:

(i) The Controlled Substances Act (21 USC 801 et seq.)

or the Controlled Substances Import and Export

Act (21 USC 951 et seq.).

(ii) Any of sections 274 through 278 of the Immigration

and Nationality Act (8 USC 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 USC 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 USC

App. 1901 et seq.).

(v) Any law, foreign or domestic, prohibiting terrorist

activities.

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.

10 USC §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
APPENDIX 2-1, T ITLE 10, C HAPT . 18

201

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.

10 USC §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.

10 USC §377. Reimbursement.

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.

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 –

is provided in the normal course of military training or operations; or

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.

10 USC §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.

10 USC §379. Assignment of Coast Guard personnel to naval vessels for

law enforcement purposes.

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
APPENDIX 2-1, T ITLE 10, C HAPT . 18

202

of the Coast Guard under title 14, including the power to make

arrests and to carry out searches and seizures.

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) –

as may be agreed upon by the Secretary of Defense and the Secretary of

Transportation; and

as are otherwise within the jurisdiction of the Coast Guard.

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.

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.

10 USC §380. Enhancement of cooperation with civilian law enforcement

officials.

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.

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

(1) An explanation of the procedures for civilian law enforcement officials -

to obtain information, equipment, training, expert advice, and other

personnel support under this chapter; and

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.

The Attorney General and the Administrator of General Services shall –
APPENDIX 2-1, T ITLE 10, C HAPT . 18

203

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

make available to civilian law enforcement personnel nationwide, tollfree

telephone communication with such office or offices.

10 USC §381. Procurement by State and local governments of law

enforcement equipment suitable for counter-drug activities through the

Department of Defense.

Procedures.

The Secretary of Defense shall establish procedures in accordance with this

subsection under which States and units of local government may purchase

law enforcement equipment suitable for counter-drug activities through the

Department of Defense. The procedures shall require the following:

Each State desiring to participate in a procurement of equipment suitable for

counter-drug activities through the Department of Defense shall submit to

the Department, in such form and manner and at such times as the Secretary

prescribes, the following:

(i) A request for law enforcement equipment.

(ii) Advance payment for such equipment, in an amount determined by the

Secretary based on estimated or actual costs of the equipment and

administrative costs incurred by the Department.

A State may include in a request submitted under subparagraph (A) only the

type of equipment listed in the catalog produced under subsection (c).

A request for law enforcement equipment shall consist of an enumeration of

the law enforcement equipment that is desired by the State and units of local

government within the State. The Governor of a State may establish such

procedures as the Governor considers appropriate for administering and

coordinating requests for law enforcement equipment from units of local

government within the State.

A State requesting law enforcement equipment shall be responsible for

arranging and paying for shipment of the equipment to the State and

localities within the State.

In establishing the procedures, the Secretary of Defense shall coordinate

with the General Services Administration and other Federal agencies for

purposes of avoiding duplication of effort.

Reimbursement of Administrative Costs. - In the case of any purchase made

by a State or unit of local government under the procedures established

under subsection (a), the Secretary of Defense shall require the State or unit
APPENDIX 2-1, T ITLE 10, C HAPT . 18

204

of local government to reimburse the Department of Defense for the

administrative costs to the Department of such purchase.

GSA Catalog. - The Administrator of General Services, in coordination with

the Secretary of Defense, shall produce and maintain a catalog of law

enforcement equipment suitable for counter-drug activities for purchase by

States and units of local government under the procedures established by the

Secretary under this section.

Definitions. - In this section:

The term ''State'' includes the District of Columbia, the Commonwealth of

Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any

territory or possession of the United States.

The term ''unit of local government'' means any city, county, township, town,

borough, parish, village, or other general purpose political subdivision of a

State; an Indian tribe which performs law enforcement functions as

determined by the Secretary of the Interior; or any agency of the District of

Columbia government or the United States Government performing law

enforcement functions in and for the District of Columbia or the Trust

Territory of the Pacific Islands.

The term ''law enforcement equipment suitable for counter-drug activities''

has the meaning given such term in regulations prescribed by the Secretary

of Defense. In prescribing the meaning of the term, the Secretary may not

include any equipment that the Department of Defense does not procure for

its own purposes.

10 USC §382. Emergency situations involving chemical or biological

weapons of mass destruction.

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 –

the Secretary of Defense and the Attorney General jointly determine that an

emergency situation exists; and

the Secretary of Defense determines that the provision of such assistance

will not adversely affect the military preparedness of the United States.

Emergency Situations Covered. - In this section, the term ''emergency

situation involving a biological or chemical weapon of mass destruction''
APPENDIX 2-1, T ITLE 10, C HAPT . 18

205

means a circumstance involving a biological or chemical weapon of mass

destruction –

that poses a serious threat to the interests of the United States; and

in which -

civilian expertise and capabilities are not readily available to provide the

required assistance to counter the threat immediately posed by the weapon

involved;

special capabilities and expertise of the Department of Defense are

necessary and critical to counter the threat posed by the weapon involved;

and

enforcement of section 175 or 2332c (FOOTNOTE 1) of title 18 would be

seriously impaired if the Department of Defense assistance were not

provided.

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.

Regulations. –

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.

(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.
APPENDIX 2-1, T ITLE 10, C HAPT . 18

206

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.

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.

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.
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

207

Appendix 2-2: Loan and Lease of DOD Equipment
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

208
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

209
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

210
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

211
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

212
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

213
APPENDIX 2-2: L OAN AND L EASE OF E QUIPMENT

214
APPENDIX 2-3: T RAINING S UPPORT TO LEA S

215

Appendix 2-3: DOD Law Enforcement Training Support
APPENDIX 2-3: T RAINING S UPPORT TO LEA S

216
APPENDIX 2-4: DOJ O PINION

217

Appendix 2-4: DOJ Opinion on Extraterritorial Application of the PCA
APPENDIX 2-4: DOJ O PINION

218
APPENDIX 2-4: DOJ O PINION

219
APPENDIX 2-4: DOJ O PINION

220
APPENDIX 2-4: DOJ O PINION

221
APPENDIX 2-4: DOJ O PINION

222
APPENDIX 2-4: DOJ O PINION

223
APPENDIX 2-4: DOJ O PINION

224
APPENDIX 2-4: DOJ O PINION

225
APPENDIX 2-4: DOJ O PINION

226
APPENDIX 2-4: DOJ O PINION

227
APPENDIX 2-4: DOJ O PINION

228
APPENDIX 2-4: DOJ O PINION

229
APPENDIX 2-4: DOJ O PINION

230
APPENDIX 2-4: DOJ O PINION

231
APPENDIX 2-4: DOJ O PINION

232
APPENDIX 2-4: DOJ O PINION

233
APPENDIX 2-4: DOJ O PINION

234
APPENDIX 2-4: DOJ O PINION

235
APPENDIX 2-4: DOJ O PINION

236
APPENDIX 2-4: DOJ O PINION

237
APPENDIX 2-4: DOJ O PINION

238
APPENDIX 2-4: DOJ O PINION

239
APPENDIX 2-4: DOJ O PINION

240
APPENDIX 2-4: DOJ O PINION

241
APPENDIX 2-4: DOJ O PINION

242
APPENDIX 2-4: DOJ O PINION

243
APPENDIX 2-4: DOJ O PINION

244
APPENDIX 2-5: S UPPORT TO P OLICE

245

Appendix 2-5: Support to Capitol Police Order

OAAUZYUW RUEADWD1037 0411802-UUUU-RUEASRB.

ZNR UUUUU

O 100814Z FEB 00

FM DIRMILSPT DCSOPS WASHINGTON DC//DAMO-ODS//

TO RUEAHQA/CSAF WASHINGTON DC//XO/XOO/XON/AFNSEP//

RUERNUS/COMDT FASCH FT SILL OK

INFO RUEADWD/SA WASHINGTON DC//

RUEADWD/CSA WASHINGTON DC//

RUEADWD/DIRMILSPT DCSOPS WASHINGTON DC//DAMO-ODS//

RUEAHQA/OSAF WASHINGTON DC//

RUEADWD/DA WASHINGTON DC//SASA-MS//

RHWRAAA/AFSFC RANDOLPH AFB TX//CC//

RUEKJCS/SECDEF WASHINGTON DC//

RUEASRB/AFNSEP FT MCPHERSON GA//EP//

RUEKJCS/JOINT STAFF WASHINGTON DC//J3WHEM//

RUEKJCS/CJCS WASHINGTON DC//

RUEASRB/CDR FORSCOM FT MCPHERSON GA//AFOP-OC//

RUERAIX/CDRTRADOC FT MONROE VA

BT

UNCLAS

SUBJ: DOD SUPPORT TO THE UNITED STATES CAPITOL POLICE//

OPER/DOD SUPPORT TO UNITED STATES CAPITOL POLICE FOR

CODEL TRIBUTE FOR EX-SPEAKER OF HOUSE, HONORABLE CARL

ALBERT//

ORDTYPE/EXORD/SECRETARY OF THE ARMY//

REF/A/DODD 3025.15/18 FEB 97//

REF/B/LTR/HOUSE SERGEANT AT ARMS /9 FEB 00//

REF/C/MEMO/DODEXECSEC/9 FEB 00//

REF/D/10 USC, 374, 377//

REF/E/DODD 5525.5/15 JAN 86//

REF/F/18 USC, 1385//

REF/G/FONECON/BETWEEN LTC DEPASTINA, DAMO-ODS AND LTC

SWAFFORD, U.S. AIR FORCE AFNSEP/ 9 FEB 00.//

REF/H/40 USC, 212A-2//

NARR/ REF A IS THE DOD DIRECTIVE FOR MILITARY SUPPORT TO

CIVIL AUTHORITIES. REF B IS A REQUEST FROM THE HOUSE

SERGEANT OF ARMS ON BEHALF OF THE U.S. CAPITOL POLICE FOR

AN EXPLOSIVE DETECTION DOG (EDD) TEAM TO SUPPORT

CONGRESSIONAL DELEGATION (CODEL) HASTERT. REF

C IS DOD EXECSEC AUTHORIZATION FOR DOMS TO PROVIDE SUPPORT

TO THE U.S. CAPITOL POLICE. REF D IS THE AUTHORITY FOR DOD

TO PROVIDE REIMBURSABLE SUPPORT TO CIVILIAN LAW

ENFORCEMENT. REF E IS THE DOD DIRECTIVE FOR DOD COOPERATION

WITH CIVILIAN LAW ENFORCEMENT OFFICIALS. REF F IS THE
APPENDIX 2-5: S UPPORT TO P OLICE

246

POSSE COMITATUS ACT, WHICH PROHIBITS DIRECT PARTICIPATION

BY MILITARY PERSONNEL IN CIVILIAN LAW ENFORCEMENT. REF

G IS TELEPHONE CONVERSATION BETWEEN LTC DE PASTINA, DAMOODS AND LTC SWAFFORD, AFNSEP CONCERNING FT. SILL PROVIDING

EDD SUPPORT TO CONGRESSIONAL DELEGATION ATTENDING EXSPEAKER ALBERT’S FUNERAL. REF H CONCERNS PROTECTION OF

MEMBERS OF CONGRESS AND OFFICERS OF CONGRESS.//

NARR/THE SECRETARY OF DEFENSE APPROVES AND THE SECRETARY OF

THE ARMY, AS THE DOD EXECUTIVE AGENT FOR MILITARY SUPPORT

TO CIVIL AUTHORITIES (MSCA), DIRECTS DOD SUPPORT TO THE

U.S. CAPITOL POLICE. THIS CONFIRMS VOCO DECISION BY

SECRETARY OF THE ARMY TO SUPPORT THIS MISSION ON 9

FEB 2000.//

TIMEZONE/Z//

GENTEXT/SITUATION/

1. (U) SITUATION. DOD HAS BEEN REQUESTED BY THE HOUSE

SERGEANT AT ARMS ON BEHALF OF THE U.S. CAPITOL POLICE TO

PROVIDE EDD SUPPORT FOR THE ARRIVAL OF MEMBERS OF CONGRESS

FOR THE TRIBUTE TO FORMER SPEAKER OF THE HOUSE ALBERT./

GENTEXT/MISSION./

2. (U) MISSION. DOD PROVIDES EDD SUPPORT PER REF B TO

THE U.S. CAPITOL POLICE FOR CODEL ATTENDANCE OF THE TRIBUTE

TO EX- SPEAKER OF THE HOUSE, HONORABLE CARL ALBERT ON 9

FEBRUARY 2000 IN MCALESTER, OK./

GENTEXT/EXECUTION./

3. (U) EXECUTION./

3.A. (U) CONCEPT OF OPERATIONS. CHIEF OF STAFF, AIR FORCE

(CSAF) WILL PROVIDE ONE (1) EDD TEAM TO SUPPORT THE U.S.

CAPITOL POLICE DURING THE ATTENDANCE OF CODEL FOR A TRIBUTE

TO EX-SPEAKER ALBERT IN MCALESTER, OK ON 9 FEBRUARY 2000./

3.B. (U) CSAF. PROVIDE ONE (1) EDD TEAM FOR SUPPORT PERIOD

PER REF B. COORDINATION HAS BEEN MADE PER REF G THAT EDD

TEAM WILL COME FROM FT. SILL, OK TO PROVIDE SUPPORT TO THE

U.S. CAPITOL POLICE./

3.C. (U) COORDINATING INSTRUCTIONS./

3.C.1.(U) SUPPORT PERIOD. SUPPORT PERIOD IS FROM 091000L

FEB 00 TO O/A 091600L FEB 00 WHEN CODEL AIRCRAFT IS

EXPECTED TO DEPART MCALESTER, OK./

3.C.2. (U) RESTRICTIONS ON SUPPORT. REF E AND F GOVERN THE

SCOPE OF DIRECT MILITARY ASSISTANCE TO THIS MISSION. EDD

PERSONNEL WILL HAVE LIMITED ROLE PROVIDING EXPLOSIVE

DETECTION. DIRECT PARTICIPATION BY MILITARY PERSONNEL IN

LAW ENFORCEMENT ACTIVITIES IS PROHIBITED. DOD

ELEMENTS/PERSONNEL IN SUPPORT OF THE HOUSE SERGEANT OF ARMS

ARE AUTHORIZED TO PROVIDE TECHNICAL ASSISTANCE ONLY.

MILITARY PERSONNEL WILL NOT PARTICIPATE IN SEARCH, SEIZURE,

ARREST, APPREHENSION OR FRISK, PURSUIT OR SURVEILLANCE OF
APPENDIX 2-5: S UPPORT TO P OLICE

247

ANY INDIVIDUAL, INVESTIGATION, INTERROGATION, PERFORMING

SECURITY FUNCTIONS OR CROWD CONTROL, LOANING OF VEHICLES OR

EQUIPMENT, EVIDENCE COLLECTION OR OTHER FORMS OF LAW

ENFORCEMENT ACTIVITIES. MILITARY PERSONNEL ARE NOT

AUTHORIZED TO CARRY INDIVIDUAL SERVICE WEAPONS OR PRIVATELY

OWNED WEAPONS. APPROPRIATE DUTY UNIFORM WILL BE WORN.//

3.C.2. (U) THE EDD TEAM IS TO REPORT TO MR. KEVIN BRENNAN,

ASSISTANT SEREGANT OF AT ARMS, IN MCALESTER, OK. MR.

BRENNAN WILL PROVIDE MISSION GUIDANCE AND PARAMETERS. MR.

BRENNAN CAN BE REACHED BY CELLULAR TELEPHONE, (202) 225-

8906.//

4. (U) ADMIN AND LOGISTICS/

4.A.1. (U) FUNDING. IAW REF B AND D, THE U.S. CAPITOL

POLICE AT ARMS WILL REIMBURSE DOD FOR SUPPORT TO INCLUDE

RESOURCES, EQUIPMENT AND TRANSPORTATION./

4.A.2. (U) PUBLIC AFFAIRS. MEDIA QUERIES SHOULD BE

REFERRED TO HOUSE SERGEANT AT ARMS, COM (202) 225-2456./

4 A.3. (U) DIRECT COORDINATION IS AUTHORIZED./

4.A.4. (U) THE LENGTH OF THE OPERATION IS 1 DAY./

GENTEXT/COMMAND AND SIGNAL/

5. (U) COMMAND AND SIGNAL. THE U.S. CAPITOL POLICE IS THE

LEAD FEDERAL AGENCY. U.S. AIR FORCE IS THE SUPPORTED

SERVICE./

5.A. (U) OFFICE OF THE HOUSE SERGEANT AT ARMS POC IS MR.

WILSON LIVINGOOD, COM (202) 225-2456./

5.B. (U) USAF POC IS LTC DAVID SWAFFORD, AFNSEP, DSN 367-

4342.//

5.C. (U) OSD EXECSEC, LTC DE YOUNG, (703) 692-7125. AFTER

HOURS, OSD CABLES, (703) 692-7000./

5.D. (U) ARMY OPERATION CENTER WATCH OFFICER, DSN 227-

0218./

5.E. (U) DOMS POC IS LTC DAVID DE PASTINA,COM (703) 695-

2003. FAX, 697-3147./ UNCLASS E-MAIL(LOWER CASE):

FOXHOLE@DOMS.ARMY.MIL./

GENTEXT/AUTHENTICATION/DIRMILSPT OFFICIAL: MG CODY/LTC DE

PASTINA//

BT
APPENDIX 2-6: S UPPORT TO DOJ

248

Appendix 2-6: Support to DOJ

PAAUZYUW RUEADWD1129 0731335-UUUU-RUEASRB RUERPHB.

ZNR UUUUU

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: S UPPORT 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: S UPPORT 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 3-1: NG C OUNTERDRUG ROE

251

Appendix 3-1: California National Guard Counterdrug Task Force

Standing Rules of Engagement
APPENDIX 3-1: NG C OUNTERDRUG ROE

252
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

253

Appendix 3-2: CJCSI 3710.01: Delegation of Authority for Approving

Operational Support to Drug Law Enforcement Agencies
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

254
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

255
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

256
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

257
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

258
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

259
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

260
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

261
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

262
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

263
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

264
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

265
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

266
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

267
APPENDIX 3-2: CJCSI 3710.01: C OUNTERDRUG

268
APPENDIX 3-3: CJCSI 3121.02, RUF

269

Appendix 3-3: CJCSI 3121.02, Rules on the Use of Force by DOD

Personnel Providing Support to Law Enforcement Agencies Conducting

Counterdrug Operations in the U.S.
APPENDIX 3-3: CJCSI 3121.02, RUF

270
APPENDIX 3-3: CJCSI 3121.02, RUF

271
APPENDIX 3-3: CJCSI 3121.02, RUF

272
APPENDIX 3-3: CJCSI 3121.02, RUF

273
APPENDIX 3-3: CJCSI 3121.02, RUF

274
APPENDIX 3-3: CJCSI 3121.02, RUF

275
APPENDIX 3-3: CJCSI 3121.02, RUF

276
APPENDIX 3-3: CJCSI 3121.02, RUF

277
APPENDIX 3-3: CJCSI 3121.02, RUF

278
APPENDIX 3-3: CJCSI 3121.02, RUF

279
APPENDIX 3-3: CJCSI 3121.02, RUF

280
APPENDIX 3-3: CJCSI 3121.02, RUF

281
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

282

Appendix 3-4: DOD Counterdrug Support Policy
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

283
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

284
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

285
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

286
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

287
APPENDIX 3-4: DOD C OUNTERDRUG P OLICY

288
APPENDIX 3-5: C OUNTERNARCOTICS S UPPORT

289

Appendix 3-5: Military Support to Counternarcotics Activities
APPENDIX 3-5: C OUNTERNARCOTICS S UPPORT

290
APPENDIX 3-5: C OUNTERNARCOTICS S UPPORT

291
APPENDIX 3-6: C OUNTERDRUG S TATUTES

292

Appendix 3-6: Statutes Governing DOD Support to Counterdrug

Operations
APPENDIX 3-6: C OUNTERDRUG S TATUTES

293
APPENDIX 3-6: C OUNTERDRUG S TATUTES

294
APPENDIX 3-6: C OUNTERDRUG S TATUTES

295
APPENDIX 3-6: C OUNTERDRUG S TATUTES

296
APPENDIX 3-6: C OUNTERDRUG S TATUTES

297
APPENDIX 3-6: C OUNTERDRUG S TATUTES

298
APPENDIX 3-7: A IR T RANSPORT S UPPORT

299

Appendix 3-7: Air Transport Support to Federal Drug LEAs
APPENDIX 3-7: A IR T RANSPORT S UPPORT

300
APPENDIX 3-8: LEDETS

301

Appendix 3-8: JP 3-07.4, Appendix E, LEDETS
APPENDIX 3-8: LEDETS

302
APPENDIX 3-9: LEDET MOA

303

Appendix 3-9: Sample LEDET MOA

AGREEMENT BETWEEN

THE GOVERNMENT OF [STATE ONE]

AND

THE GOVERNMENT OF [STATE TWO]

CONCERNING COOPERATION TO SUPPRESS ILLICIT TRAFFIC

Preamble

The Government of [STATE ONE] and the Government of [STATE TWO] (hereinafter,

"the Parties");

Bearing in mind the complex nature of the problem of illicit traffic by sea;

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

by sea, 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 Illicit Traffic in Narcotic Drugs and Psychotropic Substances (hereinafter,

"the 1988 UN Convention"), and in the 1982 United Nations Convention on the Law of the Sea;

Recalling that the 1988 UN Convention requires the Parties to consider entering into

bilateral agreements to carry out, or to enhance the effectiveness of, its provisions;

Desiring to promote greater cooperation between the Parties, and thereby enhance their

effectiveness, in combating illicit traffic by sea;

Conscious of the fact that, in order to combat drug-related activities effectively and

efficiently, the active participation of all States affected is needed, that is, consumer and producer

States, States whose territories are used as transshipment points for narcotic drugs, and States

used to launder the proceeds of drug trafficking;

Conscious of the fact that [STATE TWO] is experiencing increased use of its maritime

zones for the transshipment of drugs;

Have agreed as follows:

I. DEFINITIONS

In this Agreement, it shall be understood that:

1. "Illicit traffic" has the same meaning as in Article 1(m) of the 1988 UN Convention.

2. "[STATE TWO]'s waters and airspace" means the territorial sea and internal waters of

[STATE TWO], and the air space over [STATE TWO].
APPENDIX 3-9: LEDET MOA

304

3. "Law enforcement vessels" means warships of the Parties and other ships of the Parties clearly

marked and identifiable as being on government non-commercial service and authorized to that

effect, including 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

___________________, 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] ________________, and for the Government of [STATE TWO],

uniformed members of the __________________________.

7. "Shiprider" means one or more law enforcement officials, including boarding teams, of one

Party authorized to embark on a law enforcement vessel of the other Party.

8. "Suspect 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. The Parties shall cooperate in combating illicit traffic by sea to the fullest extent possible,

consistent with available law enforcement resources and related priorities.

2. The Government of [STATE ONE] shall continue to provide the Government of [STATE

TWO] with available information collected by electronic, air and maritime surveillance means, on

the presence of suspect 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. The Parties shall establish a joint law enforcement shiprider program between their law

enforcement authorities. Each Party may designate a coordinator to organize its program

activities and to notify the other Party of the types of vessels and officials involved in the

program.

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 [STATE ONE] law enforcement vessels under
APPENDIX 3-9: LEDET MOA

305

the flag of [STATE TWO] of suspect [STATE TWO]'s vessels and other suspect vessels located

in [STATE TWO]'s waters in 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

conduct 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:

a. embark on [STATE TWO]'s law enforcement vessels;

b. advise [STATE TWO]'s law enforcement officials in the conduct of boardings of

vessels to enforce the laws of [STATE TWO];

c. enforce, seaward of the territorial sea of [STATE TWO], the laws of the [STATE

TWO] where authorized to do so, in accordance with the principles of international law; and

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 out is pursuant to the shiprider's authority, any search or seizure of property, any detention

of a person, and any use of force pursuant to this Agreement, whether or not involving weapons,

shall be carried out by the shiprider, except as follows:

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 the manner requested. Such

request may only be made, agreed to, and acted upon in accordance with the applicable laws and

policies; and

b. such crewmembers may use force in self-defense, in accordance with the applicable

laws and policies.
APPENDIX 3-9: LEDET MOA

306

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:

a. an embarked [STATE TWO]'s shiprider so authorizes;

b. In those exceptional occasions when a suspect vessel, detected seaward of [STATE

TWO]'s 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]'s law enforcement vessel is

immediately available to investigate, the [STATE ONE] law enforcement vessel may follow the

suspect vessel into [STATE TWO]'s waters, in order to board the suspect vessel and secure the

scene, while awaiting expeditious instructions from [STATE TWO]'s law enforcement authorities

and the arrival of [STATE TWO]'s law enforcement officials.

c. In those equally exceptional occasions when a suspect vessel is detected within

[STATE TWO]'s waters, and no [STATE TWO]'s shiprider is embarked in a [STATE ONE] law

enforcement vessel, and no [STATE TWO]'s law enforcement vessel is immediately available to

investigate, the [STATE ONE] law enforcement vessel may enter [STATE TWO]'s waters, in

order to board the suspect vessel and secure the scene, while awaiting expeditious instructions

from [STATE TWO]'s law enforcement authorities and the arrival of [STATE TWO]'s law

enforcement officials.

The [STATE TWO] shall provide prior notice to the [STATE TWO]'s law enforcement authority

of action to be taken under subparagraphs (b) and (c) of this paragraph, unless not operationally

feasible to do so. In any case, notice of the action shall be provided to the [STATE TWO]'s law

enforcement authority without delay.

7. Law enforcement vessels of a Party operating with the authorization of the other Party

pursuant to 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. The Government of [STATE TWO] reserves the right to authorize, in accordance with the

laws of [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") are

operating to suppress illicit traffic or supporting such operations, the Government of [STATE

TWO] shall permit those [STATE ONE] aircraft:

a. to overfly its territory and waters with due regard for the laws and regulations of

[STATE TWO] for the flight and maneuver of aircraft, subject to paragraph 11 of this section;

b. to land and remain in national airports, after receiving authorization from

____________________, on the occasions and for the time necessary for proper performance of

the operations necessary under this Agreement; and
APPENDIX 3-9: LEDET MOA

307

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 the event of planned law enforcement operations, the [STATE TWO] shall provide

reasonable notice and communications frequencies to the appropriate [STATE TWO]'s aviation

authorities responsible for air traffic control of planned flights by its aircraft over [STATE

TWO]'s territory or waters.

b. In the event of unplanned operations, which may include the pursuit of suspect aircraft

into [STATE TWO]'s airspace pursuant to this Agreement, the Parties shall exchange information

concerning 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

enforcement activities in accordance with this Agreement shall comply with such air navigation

and flight safety 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.

V. OPERATIONS SEAWARD OF THE TERRITORIAL SEA

1. Whenever [STATE ONE] law enforcement officials encounter a suspect vessel flying the

[STATE 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 [STATE

TWO] for the boarding and 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 and persons on board pending expeditious disposition instructions from the Government of

[STATE TWO].

2. Except as expressly provided herein, this Agreement does not apply to or limit boardings of

vessels 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 property 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 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] may, subject to its Constitution and laws, waive its primary right to exercise jurisdiction

and authorize the enforcement of [STATE TWO] law against the vessel, cargo and/or persons on

board.
APPENDIX 3-9: LEDET MOA

308

2. Instructions as to the exercise of jurisdiction pursuant to paragraph 1 shall be given without

delay.

VII. IMPLEMENTATION

1. Operations to suppress illicit traffic pursuant to this Agreement shall be carried out only

against suspect 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 Party of the results thereof. The relevant Party shall timely report to the other Party,

consistent with its laws, on the status of all investigations, prosecutions and judicial proceedings

resulting from enforcement 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 and

searches and air interception activities pursuant to this Agreement, act in accordance with the

applicable national laws 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 vessels or aircraft. The boarding and search teams may operate

from such ships and 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 standard law enforcement small arms.

5. While conducting air intercept activities pursuant to this Agreement, the Parties shall not

endanger the 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 shall in all cases be the minimum reasonably necessary under the

circumstances, except that neither Party shall use force against civil aircraft in flight. Nothing in

this Agreement shall impair the 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

Convention, 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 or aircraft, or its flag State

or any other interested State; the need 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 not to endanger the security of the suspect

vessel, aircraft or cargo.

8. To facilitate implementation of this Agreement, each Party shall ensure the other Party is fully

informed of its respective applicable laws and policies, particularly those pertaining to the use of

force. Each Party shall ensure that all of its law enforcement officials are knowledgeable

concerning the applicable laws and policies of both Parties.
APPENDIX 3-9: LEDET MOA

309

9. Assets seized in consequence of any operation undertaken in [STATE TWO]'s waters pursuant

to this Agreement 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 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 other Party to facilitating or effecting the

forfeiture of such assets or proceeds.

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 investigation of suspect vessels located in the territory or waters of the first Party.

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 from an operation carried out under this Agreement shall be

processed, considered, and if merited, resolved in favor of the claimant by the Party whose

officials conducted the operation, in accordance with the domestic law of that Party, and in a

manner consistent with international law. If any loss, injury or death is suffered as a result of any

action taken by the law enforcement or other officials of one Party in contravention of this

Agreement, or any improper or unreasonable action is taken by a Party pursuant thereto, the

Parties shall, without prejudice to any other legal rights which may be available, consult at the

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 consider enhancing its effectiveness, including the preparation of

amendments to this Agreement that take into account increased operational capacity of the

[STATE TWO]'s law enforcement authorities and officials. In case a difficulty arises concerning

the operation of this Agreement, either Party 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 legal proceeding.

15. Nothing in this Agreement shall prejudice the position of either Party with regard to the

international law of the sea.

VIII. ENTRY INTO FORCE AND DURATION

1. This Agreement shall enter into force upon exchange of notes indicating that the necessary

internal procedures of each Party have been completed.

2. This Agreement shall be registered with the Secretary-General of the United Nations for

purposes of publication in accordance with article 102 of the Charter of the United Nations.
APPENDIX 3-9: LEDET MOA

310

3. This Agreement may be terminated at any time by either Party upon written notification to the

other Party through the diplomatic channel. Such termination shall take effect one year from the

date of 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, have signed this Agreement.

DONE AT __________________, [STATE TWO], this first day of _______________-, 20__, in

duplicate 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 3-9: LEDET MOA

311
APPENDIX 4-1: PDD F OR LA RIOTS

311

Appendix 4-1: Presidential Declaration and Presidential Decision

Document Activating the ARNG for the LA Riots
APPENDIX 4-1: PDD F OR LA RIOTS

312
APPENDIX 4-1: PDD F OR LA RIOTS

313
APPENDIX 4-2: LA RIOTS O RDERS

314

Appendix 4-2: Army Orders to Execute and Terminate Military

Operations During the LA Riots
APPENDIX 4-2: LA RIOTS O RDERS

315
APPENDIX 4-3: JTF LA REPORT

316

Appendix 4-3: JTF LA Report
APPENDIX 4-3: JTF LA REPORT

317
APPENDIX 4-3: JTF LA REPORT

318
APPENDIX 4-3: JTF LA REPORT

319
APPENDIX 4-4: G ARDEN P LOT ROE

320

Appendix 4-4: Appendix 1 to Annex C (Concept of Operations) to Garden

Plot - Rules of Engagement

RULES OF ENGAGEMENT (ROE). IN THE EVENT THAT THE JTF IS

ORDERED TO CONDUCT CIVIL DISTURBANCE OPERATIONS, THE FOLLOWING

ROE WILL BE FOLLOWED:

(1) APPLICATION OF FORCE.

(A) IN PERFORMING ITS MISSION, THE JTF MAY FIND IT

NECESSARY TO BE ACTIVELY INVOLVED IN HELPING TO PREVENT CRIMINAL

ACTS AND IN HELPING TO DETAIN THOSE RESPONSIBLE FOR THEM. THIS

ACTIVE INVOLVEMENT IS AUTHORIZED, SUBJECT TO THE RESTRAINTS ON

THE USE OF FORCE SET FORTH BELOW.

(B) THE PRIMARY RULE WHICH GOVERNS THE ACTIONS OF

FEDERAL FORCES IN ASSISTING FEDERAL AND LOCAL AUTHORITIES TO

RESTORE LAW AND ORDER IS THAT AT ALL TIMES ONLY THE MINIMUM

FORCE IS USED AS REQUIRED TO ACCOMPLISH THE MISSION. THIS

PARAMOUNT PRINCIPLE SHOULD CONTROL BOTH THE SELECTION OF

APPROPRIATE OPERATIONAL TECHNIQUES AND TACTICS, AND THE CHOICE

OF OPTIONS FOR ARMING THE TROOPS. PURSUANT TO THIS PRINCIPLE,

THE USE OF DEADLY FORCE (I.E., LIVE AMMUNITION OR ANY OTHER

TYPE OF PHYSICAL FORCE LIKELY TO CAUSE DEATH OR SERIOUS BODILY

HARM) IS AUTHORIZED ONLY UNDER EXTREME CIRCUMSTANCES WHERE

CERTAIN SPECIFIC CRITERIA ARE MET AS SET FORTH BELOW. TO

EMPHASIZE LIMITATIONS ON USE OF FIREPOWER AND TO RESTRICT

AUTOMATIC FIRE, ENSURE THAT RIFLES WITH ONLY A SAFE AND

SEMIAUTOMATIC SELECTION CAPABILITY ARE USED AS THE BASIC

INDIVIDUAL WEAPON FOR TROOPS IN THE CIVIL DISTURBANCE AREA.

ORDERS WILL BE ISSUED TO ALL TROOPS THAT INDIVIDUAL WEAPONS

CAPABLE OF AUTOMATIC FIRE WILL NOT BE FIRED IN THE AUTOMATIC/

BURST MODE, EXCEPT ON THE ORDER OF COMPETENT AUTHORITY AS

DELEGATED BY THE JTF COMMANDER.

(C) JTF PERSONNEL ARE AUTHORIZED TO USE NON-DEADLY

FORCE TO CONTROL THE DISTURBANCE, TO PREVENT CRIMES, AND TO

APPREHEND OR DETAIN PERSONS WHO HAVE COMMITTED CRIMES; HOWEVER,

THE DEGREE OF FORCE USED MUST BE NO GREATER THAN THAT REASONABLY

NECESSARY UNDER THE CIRCUMSTANCES. THE USE OF DEADLY FORCE,

HOWEVER, IN EFFECT INVOKES THE POWER OF SUMMARY EXECUTION AND

CAN, THEREFORE, BE JUSTIFIED ONLY BY EXTREME NECESSITY.

ACCORDINGLY, ITS USE IS NOT AUTHORIZED FOR THE PURPOSE OF

PREVENTING ACTIVITIES WHICH DO NOT POSE A SIGNIFICANT RISK OF

DEATH OR SERIOUS BODILY HARM (E.G., CURFEW VIOLATIONS OR
APPENDIX 4-4: G ARDEN P LOT ROE

321

LOOTING). IF A MISSION CANNOT BE ACCOMPLISHED WITHOUT THE USE

OF DEADLY FORCE, AND DEADLY FORCE IS NOT PERMITTED UNDER THE

GUIDELINES AUTHORIZING ITS USE, ACCOMPLISHMENT OF THE MISSION

MUST BE DELAYED UNTIL SUFFICIENT NON-DEADLY FORCE CAN BE BROUGHT

TO BEAR. IN SUCH SITUATIONS, THE JTF COMMANDER SHOULD REPORT

THE SITUATION AND SEEK INSTRUCTIONS FROM HIGHER AUTHORITY. ALL

THE REQUIREMENTS OF SUBPARAGRAPH 13F(l)(C)l BELOW MUST BE MET IN

EVERY CASE IN WHICH DEADLY FORCE IS EMPLOYED.

1 THE USE OF DEADLY FORCE IS AUTHORIZED ONLY

WHERE ALL THREE OF THE FOLLOWING CIRCUMSTANCES ARE PRESENT:

A LESSER MEANS HAVE BEEN EXHAUSTED

OR ARE UNAVAILABLE; 

B THE RISK OF DEATH OR SERIOUS

BODILY HARM TO INNOCENT PERSONS IS NOT SIGNIFICANTLY INCREASED

BY USE; AND

C THE PURPOSE OF ITS USE IS ONE OR

MORE OF THE FOLLOWING:

1-SELF DEFENSE TO AVOID DEATH OR

SERIOUS BODILY HARM; SELF DEFENSE AGAINST A HOSTILE PERSON OR

FORCE TO AVOID IMMINENT DEATH OR SERIOUS BODILY INJURY POSED BY

THE HOSTILE PERSON; ('96 Change) 

2-PREVENTION OF A CRIME WHICH

INVOLVES A SUBSTANTIAL RISK AN IMMIMENT DANGER ('96 Change) OF

DEATH OR SERIOUS BODILY HARM (FOR EXAMPLE, SETTING FIRE TO AN

INHABITED DWELLING OR SNIPING), INCLUDING THE DEFENSE OF OTHER

PERSONS, WHERE DEADLY FORCE IS DIRECTED AGAINST THE PERSON

THREATENING TO COMMIT THE CRIME; OR ('96 Change);

3-PREVENTION OF THE DESTRUCTION OF

PUBLIC UTILITIES OR SIMILAR PROPERTY CRITICAL INFRASTRUCTURE ('96

Change) VITAL TO PUBLIC HEALTH OR SAFETY, DAMAGE TO WHICH WOULD

IMPERIL LIFE ('96 Change); OR

4-DETENTION OR PREVENTION OF THE

ESCAPE OF PERSONS WHO HAVE COMMITTED OR ATTEMPTED TO COMMIT ONE

OF THE SERIOUS OFFENSES REFERRED TO IN SUBPARAGRAPHS 1, 2, AND 3

IMMEDIATELY ABOVE, BUT ONLY IF ESCAPE OF THE PERSONS WOULD POSE

AN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY TO

MILITARY OR LAW ENFORCEMENT PERSONNEL OR TO ANY OTHER PERSON ('96

Change).
APPENDIX 4-4: G ARDEN P LOT ROE

322

2 MILITARY PERSONNEL HAVE THE RIGHT UNDER THE

LAW TO USE REASONABLY NECESSARY FORCE TO DEFEND THEMSELVES

AGAINST VIOLENT AND DANGEROUS PERSONAL ATTACK. THE LIMITATIONS

DESCRIBED IN THIS PARAGRAPH ARE NOT INTENDED TO INFRINGE THIS

RIGHT, BUT TO PREVENT THE UNAUTHORIZED OR INDISCRIMINATE FIRING

OF WEAPONS AND THE INDISCRIMINATE USE OF OTHER TYPES OF DEADLY

FORCE.

3 IN ADDITION, THE FOLLOWING POLICIES IN THE

USE OF DEADLY FORCES WILL BE OBSERVED:

A WHEN FIRING AMMUNITION, THE

MARKSMAN SHOULD IF POSSIBLE AIM TO WOUND, RATHER THAN TO KILL;

B WHEN POSSIBLE, THE USE OF DEADLY

FORCE SHOULD BE PRECEDED BY A CLEAR WARNING TO THE INDIVIDUAL OR

GROUP THAT USE OF SUCH FORCE IS CONTEMPLATED OR IMMINENT.

C WARNING SHOTS WILL NOT BE FIRED.

SUCH FIRING CONSTITUTES A HAZARD TO INNOCENT PERSONS AND CAN

CREATE THE MISTAKEN IMPRESSION ON THE PART OF CITIZENS OR FELLOW

LAW ENFORCEMENT PERSONNEL THAT SNIPING IS WIDESPREAD.

D EVEN WHEN AUTHORIZED PURSUANT TO

SUBPARAGRAPH 13F(l)(C)l ABOVE, DEADLY FORCE MUST BE EMPLOYED ONLY

WITH GREAT SELECTIVITY AND PRECISION AGAINST THE PARTICULAR

THREAT WHICH JUSTIFIES ITS USE. THE RECEIPT OF SNIPER FIRE—

HOWEVER DEADLY--FROM AN UNKNOWN LOCATION CAN NEVER JUSTIFY

“RETURNING THE FIRE” AGAINST ANY OR ALL PERSONS WHO MAY BE

VISIBLE ON THE STREET OR IN NEARBY BUILDINGS. SUCH AN

INDISCRIMINATE RESPONSE IS FAR TOO LIKELY TO RESULT IN CASUALTIES

AMONG INNOCENT BYSTANDERS OR FELLOW LAW ENFORCEMENT PERSONNEL.

THE APPROPRIATE RESPONSE IS TO TAKE COVER AND ATTEMPT TO LOCATE

THE SOURCE OF THE FIRE SO THAT THE THREAT CAN BE NEUTRALIZED.

(D) ISSUE OF LIVE AMMUNITION TO JTF PERSONNEL IS

AUTHORIZED. 

1 POSITIVE CONTROL WILL BE EXERCISED AT ALL

LEVELS OF COMMAND CONCERNING THE ISSUE OF LIVE AMMUNITION TO THE

INDIVIDUAL. THE AMMUNITION WILL BE CONTROLLED AT COMPANY LEVEL

OR HIGHER AND THE ACTUAL ISSUE AUTHORIZED ONLY ON ORDER OF THE

COMPANY COMMANDER AFTER AUTHORITY HAS BEEN RECEIVED THROUGH THE

CHAIN OF COMMAND FROM THE JTF COMMANDER. AMMUNITION WILL BE

ISSUED TO ANTI-SNIPER TEAMS ONLY ON AN “AS REQUIRED” BASIS AND

UNDER THE SAME CONDITIONS OUTLINED ABOVE.
APPENDIX 4-4: G ARDEN P LOT ROE

323

2 INDIVIDUALS MUST BE CAUTIONED THAT IF THEY

ARE ISSUED LIVE AMMUNITION THEY ARE AUTHORIZED TO LOAD AND FIRE

THEIR WEAPON ONLY ON ORDER OF AN OFFICER, WHEN AN OFFICER IS

PRESENT. IF NO OFFICER IS PRESENT, THEN LOADING AND FIRING

WILL BE IN ACCORDANCE WITH THE FOLLOWING GUIDANCE: “YOU WILL

LOAD OR FIRE YOUR WEAPON ONLY WHEN REQUIRED TO PROTECT YOUR OWN

LIFE OR THE LIVES OF OTHERS, TO PROTECT SPECIFIC PROPERTY DESIGNATED AS VITAL TO PUBLIC HEALTH OR SAFETY DAMAGE TO WHICH WOULD

IMPERIL LIFE ('96 Change), OR TO PREVENT THE ESCAPE OF PERSONS

ENDANGERING LIFE OR VITAL FACILITIES; YOU ARE NOT AUTHORIZED TO

USE FIREARMS TO PREVENT OFFENSES WHICH ARE NOT LIKELY TO CAUSE

DEATH OR SERIOUS BODILY HARM NOR ENDANGER PUBLIC HEALTH OR SAFETY.”

PERSONNEL WILL BE REMINDED THAT INADVERTENT OR ACCIDENTAL FIRING

OF WEAPONS COULD IN ITSELF PRECIPITATE A CIVIL DISORDER SITUATION.

3 TO PREVENT THE UNJUSTIFIED USE OF DEADLY

WEAPONS, IT IS CRITICALLY IMPORTANT FOR AN OFFICER TO RETAIN

POSITIVE CONTROL OVER THE LOADING OF WEAPONS UNTIL SUCH TIME

AS THE NEED FOR SUCH ACTION IS CLEARLY ESTABLISHED.

4 THE PRESENCE OF LOADED WEAPONS IN TENSE

SITUATIONS MAY INVITE THE APPLICATION OF DEADLY FORCE IN

RESPONSE TO PROVOCATIONS WHICH, WHILE SUBJECT TO CENSURE,

ARE NOT SUFFICIENT TO JUSTIFY ITS USE; THE PRESENCE OF LOADED

WEAPONS ALSO INCREASES THE HAZARD THAT THE IMPROPER DISCHARGE

OF A WEAPON BY ONE OR MORE INDIVIDUALS WILL LEAD OTHERS TO FIRE

ON THE MISTAKEN BELIEF THAT AN ORDER TO FIRE HAS BEEN GIVEN.

OFFICERS SHOULD BE CLEARLY INSTRUCTED, THEREFORE, THAT THEY HAVE

A PERSONAL OBLIGATION TO WITHHOLD PERMISSION FOR LOADING UNTIL

CIRCUMSTANCES INDICATE A HIGH PROBABILITY THAT DEADLY FORCE WILL

BE IMMINENTLY NECESSARY AND JUSTIFIED PURSUANT TO THE CRITERIA

SET FORTH IN 13F(l)(C)l ABOVE. STRONG COMMAND SUPERVISION MUST

BE EXERCISED TO ENSURE THE LOADING OF WEAPONS IS NOT AUTHORIZED

IN A ROUTINE, PREMATURE, OR BLANKET MANNER.

(E) THE JTF COMMANDER MAY, AT HIS DISCRETION,

DELEGATE THE AUTHORITY TO AUTHORIZE THE USE OF DEADLY FORCE,

PROVIDED THAT THE PERSON TO WHOM SUCH DELEGATION IS MADE

UNDERSTANDS THE CONSTRAINTS UPON THE USE OF DEADLY FORCE SET

FORTH IN SUBPARAGRAPH 13F(l)(C)l ABOVE.

(F) STRINGENT CONTROLS WILL BE PLACED ON THE USE

OF BULK-TYPE RIOT CONTROL AGENT DISPERSERS (E.G., PORTABLE,

VEHICULAR-MOUNTED, AND HELICOPTER-MOUNTED DISPERSERS). SELECTION OF DISSEMINATING DEVICES WILL BE GOVERNED BY THE SIZE,

TEMPER, AND COMPOSITION OF THE DISORDERLY ELEMENTS. AERIAL
APPENDIX 4-4: G ARDEN P LOT ROE

324

DISPERSERS WILL NOT BE EMPLOYED WHERE GROUND FORCE OPTIONS AND

DISPERSERS CAN ACCOMPLISH THE DESIRED RESULT. INITIAL USE OF

THE CS “BASEBALL” GRENADES IS, IN MOST CASES, DESIRABLE IN

PREFERENCE TO BULK-TYPE DISPERSERS.

(G) THE FIXING OF THE BAYONET ON THE INDIVIDUAL

WEAPON AS A FORCE OPTION SHOULD BE SELECTED WITH CAUTION.

ADVERSE REACTION COULD BE PROVOKED SOLELY BY USING THIS FORCE

OPTION.

(H) THE USE OF SCOUT OR SENTRY DOGS BY THE JTF

IS PROHIBITED. EXPLOSIVE DETECTOR DOG TEAMS MAY BE EMPLOYED IAW

THE PROVISIONS OF AR 75-15.

(2) CUSTODY AND DETENTION OF CIVILIANS. WHENEVER POSSIBLE, CIVILIAN POLICE AUTHORITIES SHOULD TAKE CIVILIAN PERSONNEL

INTO CUSTODY; WHEN ASSISTANCE IS NECESSARY, OR IN THE ABSENCE OF

CIVILIAN POLICE, FEDERAL MILITARY FORCES HAVE THE RESPONSIBILITY

TO DETAIN OR TAKE INTO CUSTODY RIOTERS, LOOTERS OR OTHERS COMMITTING OFFENSES. IN ANY CASE, MILITARY PERSONNEL WILL FURNISH

ANY INFORMATION REQUIRED BY CIVILIAN POLICE TO EXECUTE AN ARREST

FORM. SHOULD A SITUATION ARISE NECESSITATING DETENTION OF CIVILIAN PERSONNEL, CIVIL POLICE, POSSIBLY IN COLLABORATION WITH LOCAL

DEPARTMENT OF JUSTICE PERSONNEL, WILL OPERATE/MAINTAIN OR PROVIDE

DETENTION FACILITIES. THE JTF WILL NOT OPERATE CONFINEMENT

FACILITIES FOR CIVILIANS WITHOUT SPECIFIC AUTHORITY FROM THE

EXECUTIVE AGENT.

(3) SEARCHES. IN CARRYING OUT THEIR MISSION, JTF

PERSONNEL MAY CONDUCT SEARCHES OF INDIVIDUALS AND PRIVATE

PROPERTY (INCLUDING VEHICLES) WITHOUT A JUDICIAL WARRANT ONLY IN

THE FOLLOWING CIRCUMSTANCES:

(A) IF THEY HAVE REASON TO BELIEVE THAT AN

INDIVIDUAL IS ARMED OR IS CARRYING INSTRUMENTS OF VIOLENCE,

AND THAT THE INDIVIDUAL PRESENTS AN IMMEDIATE RISK OF HARM TO

THE JTF PERSONNEL OR OTHERS, THEY MAY SEARCH THE INDIVIDUAL FOR

WEAPONS.

(B) IF THEY HAVE REASON TO BELIEVE THAT AN INDIVIDUAL WHO HAS COMMITTED VIOLENCE IS HIDDEN IN A BUILDING, THEY

MAY SEARCH THAT BUILDING WITHOUT A JUDICIALLY ISSUED SEARCH

WARRANT ONLY IN THE FOLLOWING CIRCUMSTANCES:

1 THEY MAY ENTER THE BUILDING BELIEVED TO

HAVE BEEN ENTERED BY THE INDIVIDUAL WHEN IN IMMEDIATE PURSUIT OF
APPENDIX 4-4: G ARDEN P LOT ROE

325

THAT INDIVIDUAL, AND THEN SEARCH THE BUILDING FOR THE INDIVIDUAL

OR ANY WEAPONS THAT MIGHT BE USED TO FURTHER HIS ESCAPE.

2 THEY MAY ENTER THE BUILDING AND SEARCH

FOR THE INDIVIDUAL WHEN THERE IS REASON TO BELIEVE THAT THE

DELAY NECESSARY TO OBTAIN A SEARCH WARRANT WOULD RESULT IN THE

ESCAPE OF ANY WEAPONS OR EVIDENCE SOUGHT.

3 THEY MAY ENTER THE BUILDING WHEN THERE

IS REASON TO BELIEVE THAT ENTRY IS NECESSARY TO PREVENT INJURY

TO PERSONS OR SERIOUS DAMAGE TO PROPERTY, TO PROTECT PUBLIC

SAFETY, OR TO RENDER AID TO SOMEONE WHO IS IN DANGER.

(C) THEY MAY STOP AND SEARCH AN AUTOMOBILE

WITHOUT A JUDICIALLY ISSUED SEARCH WARRANT WHEN THERE IS REASON

TO BELIEVE THAT THE AUTOMOBILE CONTAINS WEAPONS OR INSTRUMENTS

OF VIOLENCE AND/OR CONTAINS AN INDIVIDUAL REASONABLY BELIEVED TO

HAVE COMMITTED VIOLENCE.

(D) IN CARRYING OUT THE JTF MISSION, IT MAY BE

NECESSARY TO CONDUCT SEARCHES OF PRIVATE PROPERTY (INCLUDING

AUTOMOBILES) IN OTHER SITUATIONS. AS A GENERAL RULE, SUCH

SEARCHES SHOULD BE CARRIED OUT BY LOCAL AND FEDERAL CIVIL

LAW ENFORCEMENT PERSONNEL BECAUSE OF THEIR GREATER FAMILIARITY

WITH STANDARDS,FOR SEARCHES, INCLUDING PROCEDURES FOR OBTAINING

AND USING JUDICIAL WARRANTS. HOWEVER, WHERE JTF PERSONNEL HAVE

THOROUGHLY REVIEWED THE EVIDENCE FORMING THE BASIS OF A REQUEST

FOR JTF PERSONNEL TO SEARCH, AND WHERE THAT EVIDENCE LEADS TO

THE CONCLUSION THAT THE REQUESTED SEARCH IS REASONABLY NECESSARY

TO THE ACCOMPLISHMENT OF THE JTF MISSION AND THAT THERE IS AN

IMMEDIATE DANGER OF VIOLENCE, DESTRUCTION OF EVIDENCE, OR ESCAPE

OF VIOLENT PERSONS UNLESS THE SEARCH IS CONDUCTED WITHOUT DELAY,

THE JTF PERSONNEL MAY CONDUCT THE SEARCH IMMEDIATELY. IN ALL

OTHER CASES, RESPONSIBILITY FOR THE SEARCH IS TO BE TURNED OVER

TO LOCAL AUTHORITIES.

(E) AS SOON AS REASONABLY CONVENIENT, JTF

PERSONNEL WHO HAVE CONDUCTED A SEARCH WILL FULLY DOCUMENT THE

REASONS FOR THE SEARCH, INCLUDING:

1 THE INFORMATION UPON WHICH THE SEARCH

WAS BASED;

2 THE SOURCES OF THE INFORMATION UPON

WHICH THE SEARCH WAS BASED;
APPENDIX 4-4: G ARDEN P LOT ROE

326

3 THE REASONS JTF PERSONNEL FOUND TO

CONCLUDE THAT THE INFORMATION WAS FACTUAL;

4 THE IDENTITY AND LOCATION OF THE

PERSONS OR THINGS SOUGHT; AND

5 THE CIRCUMSTANCES WHICH GAVE RISE TO THE

CONCLUSION THAT AN IMMEDIATE SEARCH WAS NECESSARY TO PROTECT JTF

PERSONNEL OR OTHERS, TO PREVENT THE ESCAPE OF VIOLENT PERSONS,

OR TO PREVENT THE LOSS OR DESTRUCTION OF WEAPONS OR EVIDENCE.

(4) SHOULD THE JTF COMMANDER BELIEVE THAT IN ORDER TO

FULFILL THE MISSION THERE IS NO ALTERNATIVE TO AN APPLICATION

OF FORCE OR OTHER ACTION WHICH IS AT VARIANCE WITH THE INTENT

OR WORDING OF THESE ROE, THE JTF COMMANDER SHOULD DISCUSS THE

MATTER WITH THE SENIOR CIVILIAN REPRESENTATIVE AND THEREAFTER

OBTAIN APPROVAL FROM THE OPERATING AGENT/SUPPORTED CINC.

(5) PRIOR TO PARTICIPATION IN CIVIL DISTURBANCE

OPERATIONS, ALL JTF PERSONNEL WILL BE BRIEFED ON:

(A) THE SPECIFIC MISSION OF THE UNIT.

(B) RULES GOVERNING THE APPLICATION OF FORCE AS

THEY APPLY TO THE SPECIFIC SITUATION.

(C) AN ORIENTATION OF THE LOCAL SITUATION, SPECIFICALLY ADDRESSING TYPES OF ABUSE WHICH MILITARY PERSONNEL

MAY BE EXPECTED TO RECEIVE AND THE PROPER RESPONSE TO THESE

TYPES OF ABUSE.
APPENDIX 4-5: S PECIAL O RDERS

327

Appendix 4-5: Special Orders for Military Personnel Engaged in Civil

Disturbance Operations
APPENDIX 4-5: S PECIAL O RDERS

328
APPENDIX 4-6: S AMPLE AAR F ORMAT

329

Appendix 4-6: Sample AAR Format
APPENDIX 4-6: S AMPLE AAR F ORMAT

330
APPENDIX 4-7: A REA CLAIMS O FFICES

331

Appendix 4-7: Area Claims Offices
APPENDIX 4-7: A REA CLAIMS O FFICES

332
APPENDIX 4-7: A REA CLAIMS O FFICES

333
APPENDIX 4-7: A REA CLAIMS O FFICES

334
APPENDIX 4-7: A REA CLAIMS O FFICES

335
APPENDIX 4-7: A REA CLAIMS O FFICES

336
APPENDIX 4-7: A REA CLAIMS O FFICES

337
APPENDIX 4-8: READINESS C HECK L IST

338

Appendix 4-8: Sample NG Civil Disturbance Readiness Checklist
APPENDIX 4-8: READINESS C HECK L IST

339
APPENDIX 4-8: READINESS C HECK L IST

340
APPENDIX 4-9: EO 10730

341

Appendix 4-9: EO 10730: Desegregation Order

EXECUTIVE ORDER 10730

By President Dwight D. Eisenhower

Ending segregation in Little Rock's Central High School

Whereas on September 23, 1957, I issued Proclamation No. 3204 reading in

part as follows:

Whereas certain persons in the State of Arkansas, individually and in

unlawful assemblages, combinations, and conspiracies, have willfully

obstructed the enforcement of orders of the United States District Court for

the Eastern District of Arkansas with respect to matters relating to

enrollment and attendance at public schools, particularly at Central High

School, located in Little Rock School District, Little Rock, Arkansas; and

Whereas such willful obstruction of justice hinders the execution of the laws

of that State and of the United States, and makes it impracticable to enforce

such laws by the ordinary course of judicial proceedings; and

Whereas such obstructions of justice constitutes a denial of the equal

protection of the laws secured by the Constitution of the United States and

impedes the course of justice under those laws;

Now, therefore, I, Dwight D. Eisenhower, President of the United States,

under and by virtue of the authority vested in me by the Constitution and

Statutes of the United States, including Chapter 15 of Title 10 of the United

States Code, particularly sections 332, 333 and 334 thereof, do command all

persons engaged in such obstruction of justice to cease and desist therefrom,

and to disperse forthwith, and

Whereas the command contained in that Proclamation has not been obeyed

and willful obstruction of enforcement of said court orders still exists and

threatens to continue:

Now, therefore, by virtue of the authority vested in me by the Constitution

and Statutes of the United States, including Chapter 15 of Title 10 of the

United States Code, particularly sections 332, 333 and 334 thereof, and

section 301 of Title 3 of the United States Code, it is hereby ordered as

follows:

SEC. 1. I hereby authorize and direct the Secretary of Defense to order into

the active military service of the United States as he may deem appropriate

to carry out the purposes of this Order, any or all of the units of the National

Guard of the United States and of the Air National Guard of the United
APPENDIX 4-9: EO 10730

342

States within the State of Arkansas to serve in the active military service of

the United States for an indefinite period and until relieved by appropriate

orders.

SEC. 2. The Secretary of Defense is authorized and directed to take all

appropriate steps to enforce any orders of the United States District Court

for the Eastern District of Arkansas for the removal of obstruction of justice

in the State of Arkansas with respect to matters relating to enrollment and

attendance at public schools in the Little Rock School District, Little Rock,

Arkansas. In carrying out the provisions of this section, the Secretary of

Defense is authorized to use the units, and members thereof, ordered into the

active military service of the United States pursuant to Section 1 of this

Order.

SEC. 3. In furtherance of the enforcement of the aforementioned orders of

the United States District Court fo the Eastern District of Arkansas, the

Secretary of Defense is authorized to use such of the armed forces of the

Untied States as he may deem necessary.

SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary

of the Army or the Secretary of the Air Force, or both, any of the authority

conferred upon him by this Order.

The End
APPENDIX 4-10: EO 11053

343

Appendix 4-10: EO 11053: Presidential Order Enforcing the Laws of

the U.S.

Executive Order 11053

PROVIDING ASSISTANCE FOR THE REMOVAL OF

UNLAWFUL

OBSTRUCTIONS OF JUSTICE IN THE STATE OF

MISSISSIPPI

WHEREAS on September 30, 1962, I issued Proclamation No. 3497 reading

in part as follows:

"WHEREAS the Governor of the State of Mississippi and certain law

enforcement officers and other officials of that State, and other persons,

individually and in unlawful assemblies, combinations and conspiracies,

have been and are willfully opposing and obstructing the enforcement of

orders entered by the United States District Court for the Southern District

of Mississippi and the United States Court of Appeals for the Fifth Circuit;

and

"WHEREAS such unlawful assemblies, combinations and conspiracies

oppose and obstruct the execution of the laws of the United States, impede

the course of justice under those laws and make it impracticable to enforce

those laws in the State of Mississippi by the ordinary course of judicial

proceedings; and

"WHEREAS I have expressly called the attention of the Governor of

Mississippi to the perilous situation that exists and to his duties in the

premises, and have requested but have not received from him adequate

assurances that the orders of the courts of the United States will be obeyed

and that law and order will be maintained:

'"NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United

States, under and by virtue of the authority vested in me by the Constitution

and laws of the United States, including Chapter 15 of Title 10 of the United

States Code, particularly sections 332, 333 and 334 thereof, do command all

persons engaged in such obstructions of justice to cease and desist therefrom

and to disperse and retire peaceably forthwith;" and

WHEREAS the commands contained in that proclamation have not been

obeyed and obstruction of enforcement of those court orders still exists and

threatens to continue:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and laws of the United States, including Chapter 15 of Title 10,

particularly Sections 332, 333 and 334 thereof, and Section 301 of Title 3 of

the United States Code, it is hereby ordered as follows:
APPENDIX 4-10: EO 11053

344

SECTION 1. The Secretary of Defense is authorized and directed to take all

appropriate steps to enforce all orders of the United States District Court for

the Southern District of Mississippi and the United States Court of Appeals

for the Fifth Circuit and to remove all obstructions of justice in the State of

Mississippi.

SEC. 9. In furtherance of the enforcement of the aforementioned orders of

the United States District Court for the Southern District of Mississippi and

the United States Court of Appeals for the Fifth Circuit, the Secretary of

Defense is authorized to use such of the armed forces of the United States as

he may deem necessary.

SEC. 3. I hereby authorize the Secretary of Defense to call into the active

military service of the United States, as he may deem appropriate to carry

out the purposes of this order, any or all of the units of the Army National

Guard and of the Air National Guard of the State of Mississippi to serve in

the active military service of the United States for an indefinite period and

until relieved by appropriate orders. In carrying out the provisions of Section

1, the Secretary of Defense is authorized to use the units, and members

thereof, ordered into the active military service of the United States pursuant

to this section.

SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary

of the Army or the Secretary of the Air Force, or both, any of the authority

conferred upon him by this order.

JOHN F. KENNEDY

THE WHITE HOUSE,

September 30, 1962.
APPENDIX 4-11: EO 11111

345

Appendix 4-11: EO 11111: Presidential Order to Remove Obstruction

of Justice

Executive Order 11111

PROVIDING ASSISTANCE FOR THE REMOVAL OF OBSTRUCTIONS

OF JUSTICE

AND SUPPRESSION OF UNLAWFUL COMBINATIONS WITHIN THE

STATE OF ALABAMA

WHEREAS on June 11, 1963, I issued Proclamation No. 3542, pursuant in

part to the provisions of section 334 of Title 10, United States Code; and

WHEREAS the commands contained in that Proclamation have not been

obeyed, and the unlawful obstructions of justice and combinations referred

to therein continue:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and laws of the United States, including Chapter 15 of Title 10

of the United States Code, particularly sections 332, 333 and 334 thereof,

and section 301 of Title 3 of the United States Code, it is hereby ordered as

follows:

SECTION 1. The Secretary of Defense is authorized and directed to take all

appropriate steps to remove obstructions of justice in the State of Alabama,

to enforce the laws of the United States within that State, including the

orders of the United States District Court for the Northern District of

Alabama referred to in the said Proclamation, and to suppress unlawful

assemblies, combinations, conspiracies and domestic violence which oppose

or obstruct the execution of the laws of the United States or impede the

course of justice under those laws within that State.

SEC. 2. In furtherance of the authorization and direction contained in section

1 hereof, the Secretary of Defense is authorized to use such of the Armed

Forces of the United States as he may deem necessary.

SEC. 3. I hereby authorize and direct the Secretary of Defense to call into

the active military service of the United States, as he may deem appropriate

to carry out the purposes of this order, any or all of the units of the Army
APPENDIX 4-11: EO 11111

346

National Guard and of the Air National Guard of the State of Alabama to

serve in the active military service of the United States for an indefinite

period and until relieved by appropriate orders. In carrying out the

provisions of section 1, the Secretary of Defense is authorized to use the

units, and members thereof, called into the active military service of the

United States pursuant to this section.

SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary

of the Army or the Secretary of the Air Force, or both, any of the authority

conferred upon him by this order.

JOHN F. KENNEDY

THE WHITE HOUSE,

June 11, 1963.
APPENDIX 4-12: EO 11118

347

Appendix 4-12: EO 11118: Removal of Unlawful Obstruction of Justice

Executive Order 11118

PROVIDING ASSISTANCE FOR REMOVAL OF UNLAWFUL

OBSTRUCTIONS OF JUSTICE IN THE STATE OF ALABAMA

WHEREAS, on September 10, 1963, I issued a proclamation entitled

"Obstructions of Justice in the State of Alabama" pursuant in part to the

provisions of Section 334 of Title 10 of the United States Code; and

WHEREAS the commands contained in that proclamation have not been

obeyed, and the unlawful obstructions of justice, assemblies, combinations,

and conspiracies referred to therein continue:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and laws of the United States, including Chapter 15 of Title 10

of the United States Code, particularly Sections 382, 383 and 384 thereof,

and Section 301 of Title 3 of the United States Code, it is hereby ordered as

follows:

SECTION 1. The Secretary of Defense is authorized and directed to take all

appropriate steps to remove obstructions of justice in the State of Alabama,

to enforce the laws of the United States within that State, including any

orders of United States Courts relating to the enrollment and attendance of

students in public schools in the State of Alabama, and to suppress unlawful

assemblies, combinations, conspiracies, and domestic violence which

oppose, obstruct, or hinder the execution of the law or impede the course of

justice under the law within that State.

SEC. 2. In furtherance of the authorization and direction contained in

Section 1 hereof, the Secretary of Defense is authorized to use such of the

Armed Forces of the United States as he may deem necessary.

SEC. 3. I hereby authorize and direct the Secretary of Defense to call into

the active military service of the United States, as he may deem appropriate

to carry out the purposes of this order, any or all of the units of the Army

National Guard and of the Air National Guard of the State of Alabama to

serve in the active military service of the United States for an indefinite

period and until relieved by appropriate orders. In carrying out the
APPENDIX 4-12: EO 11118

348

provisions of Section 1, the Secretary of Defense is authorized to use the

units, and members thereof, of the Army National Guard and of the Air

National Guard of the State of Alabama called into the active military

service of the United States pursuant to this section or otherwise.

SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary

of the Army or the Secretary of the Air Force, or both, any of the authority

conferred upon him by this order.

JOHN F. KENNEDY

THE WHITE HOUSE,

September 10, 1963.
APPENDIX 4-13: EO 12656

349

Appendix 4-13: EO 12656: Emergency Preparedness (Parts 1-2, 5, 29)

Federal Register

Vol. 53. No. 228

Wednesday, November 23,

1988 Presidential Documents

Title 3-

The President

Executive Order 12656 of November 18, 1988

Assigmment 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

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.
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350

(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 diaster, 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 perfomed 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, procedure, 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,
APPENDIX 4-13: EO 12656

351

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 liasion with, and assistance to, the

Congress and the Federal judiciary on national securityemergency 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
APPENDIX 4-13: EO 12656

352

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 procedure 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 bead 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
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353

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

Covernment;

(8) Coordinate with State and local goverrunent agencies

and other organizations, including private sector

organizations, when appropriate. Federal plans should

include appropriate involvement of and reliance upon
APPENDIX 4-13: EO 12656

354

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
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355

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 an 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
APPENDIX 4-13: EO 12656

356

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 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 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
APPENDIX 4-13: EO 12656

357

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,
APPENDIX 4-13: EO 12656

358

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 licenses when appropriate;

(8) Coordination with the Administrator of the National

Aeronautics and Space Administration 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
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359

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) Recommendation for use of financial incentives and

other methods to improve defense production as provided

by law; and

(c) Recommendation 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
APPENDIX 4-13: EO 12656

360

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 post-emergency plans,

intergovernmental agreements, and arrangements with

allies and friendly nations, which affect national security;

(7) Coordination 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 29-General

Sec. 2901. Executive Order Nos. 10421 and 11490, as

amended, are hereby revoked. This Order shall be

effective immediately.

RONALD REAGAN

THE WHITE HOUSE.

November 18,1988.