```

[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Proposed Rules]
[Pages 72766-72771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29764]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2009-OS-0039]
RIN 0790-AI55

32 CFR Part 183

Defense Support to Special Events

AGENCY: Department of Defense.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule establishes procedures and assigns 
responsibilities for Special Events, sets forth procedural guidance for 
the execution of Special Events support when requested by civil 
authorities or qualifying entities and approved by the appropriate DoD 
authority, or as directed by the President, within the United States, 
including the District of Columbia, the Commonwealth of Puerto Rico, 
the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and any other territory or possession of the 
United States or any political subdivision thereof and elsewhere if 
properly approved.

DATES: Comments must be received by January 25, 2011.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Corbin, 703-693-8392.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that 32 CFR part 183 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribunal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Section 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 183 does not contain a 
Federal mandate that may result in the expenditure by State, local and 
tribunal governments, in aggregate, or by the private sector, of $100 
million or more in any 1 year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 183 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This rule establishes procedures and assigns 
responsibilities within DoD for Special Events in support of civil and 
non-governmental entities; therefore, it is not expected that small 
entities will be affected because there will be no economically 
significant regulatory requirements placed upon them.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 183 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

[[Page 72767]]

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 183 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 183

    Armed forces, Special events.

    Accordingly, 32 CFR part 183 is proposed to be added to read as 
follows:

PART 183--DEFENSE SUPPORT OF SPECIAL EVENTS

Sec.
183.1 Purpose.
183.2 Applicability and scope.
183.3 Definitions.
183.4 Policy.
183.5 Responsibilities.
183.6 Procedures.

    Authority:  2 U.S.C. 1966, 2 U.S.C. 1970, 10 U.S.C. 372-374, 10 
U.S.C. 377, 10 U.S.C. 2012, 10 U.S.C. 2553-2555, 10 U.S.C. 2564, 18 
U.S.C. 3056, 31 U.S.C. 1535-1536, 32 U.S.C. 502, 32 U.S.C. 508, 
Public Law 94-524, and Section 5802 of Public Law 104-208, as 
amended.

Sec.  183.1  Purpose.

    This part:
    (a) Establishes DoD policy, assigns responsibilities, and provides 
procedures for support of civil authorities and qualifying entities 
during the conduct of special events. This support will be referred to 
as ``support to special events.''
    (b) Implements provisions of DoD Directive 5111.1 (see http://www.dtic.mil/whs/directives/corres/pdf/511101p.pdf); Deputy Secretary 
of Defense Memorandum, ``Delegations of Authority,'' November 30, 2006 
(see http://www.dtic.mil/whs/directives/corres/dir3.html); title 2, 
United States Code (U.S.C.) 1966; title 2 U.S.C. 1970; title 10 U.S.C. 
372-374; title 10 U.S.C. 377; title 10 U.S.C. 2012; title 10 U.S.C. 
2553-2555; title 10 U.S.C. 2564; title 18 U.S.C. 1385; title 18 U.S.C. 
3056; title 31 U.S.C. 1535-1536; title 32 U.S.C. 502; title 32 U.S.C. 
508; Public Law 94-524; Section 5802 of Public Law 104-208, as amended; 
and title 32, Code of Federal Regulations (CFR) part 185 addressing 
matters pertaining to Defense Support of Civil Authorities (DSCA) for 
special events and qualifying entities.

Sec.  183.2  Applicability and scope.

    This part applies to the Office of the Secretary of Defense (OSD), 
the Military Departments, the Office of the Chairman of the Joint 
Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office 
of the Inspector General of the Department of Defense, the Defense 
Agencies, the DoD Field Activities, and all other organizational 
entities in the Department of Defense (hereafter referred to 
collectively as the ``DoD Components'').

Sec.  183.3  Definitions.

    These terms and definitions are for the purpose of this part only.
    Civil authorities. Defined in Joint Publication 1-02 (see http://www.dtic.mil/doctrine/dod_dictionary/).
    Integrated Federal Support Overview (IFSO). A collaborative effort 
of the Special Events Working Group. The purpose of the Integrated 
Federal Support Overview is to inform the Secretary of Homeland 
Security and other appropriate senior Federal officials, including the 
Federal coordinator for the special event, of all the Federal 
activities and support in preparation for and execution of a special 
event. The IFSO facilitates the Federal coordinator's ability to lead a 
unified coordination group initially in case of an incident to support 
the Secretary of Homeland Security's incident management 
responsibilities. It also educates Federal interagency partners on 
Federal resources committed to the special event.
    National special security event (NSSE). By definition, an NSSE is 
an Incident of National Significance as defined by the National 
Response Plan. These national or international events, occurrences, 
contests, activities, or meetings, which, by virtue of their profile or 
status, represent a significant target for deliberate attack; or, they 
can be the result of natural disasters or other emergency conditions, 
and therefore warrant additional preparation, planning, and mitigation 
efforts. The U.S. Secret Service (USSS), Federal Bureau of 
Investigation (FBI), and Federal Emergency Management Agency (FEMA) 
serve as the Federal agencies with lead responsibilities for NSSEs; 
other Federal agencies, including the Department of Defense, may 
provide support to the NSSE if authorized by law.
    NSSE Executive Steering Committee. This group is established when 
the Secretary, DHS designates a specific event to be a NSSE. The group, 
led by the USSS, is comprised of Federal, state and local public safety 
and security officials, whose primary responsibility is to coordinate 
and develop a specific security plan for the designated NSSE.
    Qualifying entity. A non-Governmental organization to which the 
Department of Defense may provide assistance by virtue of statute, 
regulation, policy, or other approval by the Secretary of Defense or 
his or her authorized designee.
    Special event. An international or domestic event, contest, 
activity, or meeting, which by its very nature, or by specific 
statutory or regulatory authority, may warrant security, safety, and/or 
other logistical support or assistance from the Department of Defense. 
Event status is not determined by DoD and support may be requested by 
either civil authorities or non governmental entities. Support provided 
may be reimbursable.
    Special event working group. A single forum designed to ensure 
comprehensive and coordinated Federal interagency awareness of, and 
appropriate support to, special events. The Special Event Working Group 
is co-chaired by representatives from the Department of Homeland 
Secuirty (DHS) (including the USSS and FEMA) and the FBI, and comprises 
representatives from over 40 Federal departments and agencies, 
including the Departments of Defense, Homeland Security, Justice, 
State, Energy, Labor, Health & Human Services, and Commerce and from 
the Office of the Director of National Intelligence and the 
Environmental Protection Agency. The Department of Defense 
representative on the Special Event Working Group is designated by the 
Assistant Secretary of Defense for Homeland Defense and Americas' 
Security Affairs (ASD(HD&ASA)). The Special Event Working Group 
develops the Special Events Awareness Report on an annual basis.

Sec.  183.4  Policy.

    It is DoD policy that:
    (a) Support to special events is a subset of DSCA.
    (b) DoD capabilities may be used to provide support for 
international and domestic special events as authorized by law or DoD 
policy. DoD resources in support of special events may be provided only 
after the resources of all other relevant governmental and non-
governmental entities are determined not to be available, unless there 
is a statutory exception or DoD is the only source of specialized 
capabilities. DoD support should not be provided if use of commercial 
enterprises would be more appropriate.
    (c) The Department may support such events with personnel, 
equipment, and services in accordance with applicable laws, 
regulations, and interagency

[[Page 72768]]

agreements. Most support shall be provided on a non-interference basis 
with careful consideration given to effects on readiness and current 
operations.
    (d) DoD security and safety-related support for an event shall have 
priority over logistics assistance; however, logistics assistance may 
be provided if deemed appropriate and necessary, consistent with 
authorizing statutes and applicable policy guidance.
    (e) Funding for special events is subject to the following:
    (1) DoD may receive separate funding or authority to provide 
support to specific special events.
    (2) Support to special events for which the Department of Defense 
does not receive appropriations or for which DoD funds are not 
available for such support must be approved by the Secretary of Defense 
and must be provided on a reimbursable basis in accordance with title 
10 U.S.C. 372-374; title 10 U.S.C. 377; title 10 U.S.C. 2012; title 10 
U.S.C. 2553-2555; title 10 U.S.C. 2564; or title 31 U.S.C. 1535-1536, 
or other applicable statutes.
    (3) Reimbursement for DoD support provided to civilian law 
enforcement agencies during special events is required, in accordance 
with title 10 U.S.C. 377, unless the Secretary of Defense elects to 
waive reimbursement after determining that the support:
    (i) Is provided in the normal course of military training or 
operations, or
    (ii) Results in a benefit to the personnel providing the support 
that is substantially equivalent to that which would otherwise be 
obtained from military operations or training.
    (4) Security and safety of special events are responsibilities 
shared by Federal, State, and local authorities. If Federal funds will 
be provided to State or local authorities to offset the costs of 
enhanced security and public safety for special events and if State or 
local officials request the employment of National Guard personnel in a 
Federal pay status, States shall be encouraged to use those funds to 
employ those National Guard personnel in a State pay status or to 
reimburse the Department of Defense for costs related to the employment 
of the National Guard personnel in a Federal pay status.
    (f) DoD Components shall provide support to civil authorities or 
qualifying entities for special events only as authorized in this part. 
This does not apply to installation commanders or heads of DoD 
Components providing localized support to a special event under the 
auspices of community relations, public outreach, or recruitment 
efforts pursuant to DoD Directive 5410.18 (see http://www.dtic.mil/whs/directives/corres/pdf/541018p.pdf) and DoD Instruction 5410.19 (see 
http://www.dtic.mil/whs/directives/corres/pdf/541019p.pdf) or other 
similar authority.
    (g) DoD support to special events that includes support to civilian 
law enforcement officials must comply with DoD Directive 5525.5 (see 
http://www.dtic.mil/whs/directives/corres/pdf/552505p.pdf).

Sec.  183.5  Responsibilities.

    (a) The Under Secretary of Defense for Policy (USD(P)) shall 
establish policy for and facilitate the interagency coordination of 
special events with Federal, State, and local agencies; and qualifying 
entities and the DoD Components, as required.
    (b) The ASD(HD&ASA), under the authority, direction, and control of 
the USD(P), shall:
    (1) In coordination with the Chairman of the Joint Chiefs of Staff 
(CJCS), oversee the management and coordination of DoD support to 
special events including, without limitation, events covered under 
Title 10 U.S.C. 2564.
    (2) Serve as the principal civilian advisor to the Secretary of 
Defense and the USD(P) on DoD support to special events.
    (3) In accordance with DoD Directive 5111.13 (see http://www.dtic.mil/whs/directives/corres/pdf/511113p.pdf), approve requests 
for assistance from civil authorities and qualifying entities for DoD 
support to special events. Such requests shall be coordinated with 
appropriate offices in the OSD, the CJCS, and the heads of appropriate 
DoD Components. The ASD(HD&ASA) will immediately notify the Secretary 
of Defense when this authority is exercised.
    (4) Coordinate, or consult on, special event support policy with 
other Federal departments and agencies, as appropriate.
    (5) Develop, coordinate, and oversee the implementation of DoD 
support to special events for the Department of Defense.
    (6) Through the CJCS, monitor the activation, deployment, and 
employment of DoD personnel, facilities, and other resources involved 
in DoD support to special events.
    (7) Coordinate DoD support to special events with the General 
Counsel of the Department of Defense (GC, DoD) and the Under Secretary 
of Defense (Comptroller)/Chief Financial Officer (USD(C)/CFO).
    (8) Ensure information relating to all aspects of special events 
receives the broadest possible dissemination using all approved media 
as appropriate and in coordination with the Assistant Secretary of 
Defense for Public Affairs (ASD(PA)).
    (9) Represent DoD regarding special events to other Federal 
departments and agencies, State and local authorities, and qualifying 
entities, including designating the DoD representatives for the working 
groups identified in Sec.  183.6(b) of this part.
    (10) Manage, in conjunction with the USD(C)/CFO, the Support for 
International Sporting Competitions (SISC) Defense Account.
    (11) In accordance with section 5802 of Public Law 104-208, as 
amended, submit notification to the congressional defense committees of 
the Department's plans to obligate funds in the SISC Defense Account.
    (12) In accordance with title 10 U.S.C. 2564 submit an annual 
report to Congress, no later than January 30 of each year following a 
year in which the Secretary of Defense provides assistance under title 
10 U.S.C. 2564, detailing DoD support to certain sporting competitions.
    (c) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) shall coordinate on DoD support to special events and, in 
coordination with the CJCS, provide advice regarding the effect the 
requested support will have on readiness and military operations.
    (d) The USD(C)/CFO shall:
    (1) Coordinate on DoD support to special events and provide advice 
regarding the effect on the DoD budget and financial resources.
    (2) Maintain the SISC account in conjunction with the ASD(HD&ASA).
    (e) The Under Secretary of Defense for Acquisition, Technology, and 
Logistics (USD(AT&L)) shall coordinate on DoD support to special events 
that includes logistical support.
    (f) The GC, DoD shall coordinate and provide legal counsel on DoD 
support to special events.
    (g) The ASD(PA) shall provide policy guidance and review, 
coordinate, and approve requests for ceremonial and entertainment 
support for special events in accordance with DoD Directives 5122.05 
(see http://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf) and 
5410.18 and DoD Instruction 5410.19.
    (h) The Executive Secretary of the Department of Defense shall:
    (1) Act as the initial point of contact for the Department of 
Defense pertaining to requests addressed to the Secretary of Defense, 
Deputy Secretary of Defense, or the Executive Secretary for DoD support 
for special events.

[[Page 72769]]

    (2) Upon receipt of such a request for DoD support to a special 
event, determine who within the Department has the lead action on the 
Request for Assistance (RFA). Determine if the RFA is for a single 
capability for which a DoD Component is the office of primary 
responsibility (OPR) or serves as a DoD Executive Agent; and if so, 
forward the request to that DoD Component for action and notify 
ASD(HD&ASA) and the CJCS. All RFAs will be distributed to the 
ASD(HD&ASA) and the CJCS.
    (i) The CJCS shall:
    (1) Provide planning guidance to DoD Components for all special 
events for which DoD support may require the employment of military 
forces or centralized command and control.
    (2) Review all requests for DoD support to special events, and, in 
coordination with the USD(P&R), provide advice on the effect the 
requested support will have on readiness and military operations.
    (3) Prepare, staff, and issue orders and messages on DoD support to 
special events that has been approved by authorized DoD officials.
    (4) Issue guidance to the Combatant Commanders on the 
implementation of this part.
    (5) Process requests for DoD support to special events.
    (6) Maintain sufficient staff to manage the day-to-day operational 
aspects of DoD support to special events.
    (i) Establish and operate a system for delivering DoD assets to 
authorized recipients and for recovering loaned assets at the 
conclusion of the event.
    (ii) Ensure the civil authorities and qualifying entities 
authorized to accept DoD assets provide a surety bond or other suitable 
insurance protection to cover the cost of lost, stolen, or damaged DoD 
property.
    (iii) Plan and program for the life-cycle replacement of special 
events equipment procured under title 10 U.S.C. 372-374; title 10 
U.S.C. 377; title 10 U.S.C. 2012; title 10 U.S.C. 2553-2555; and title 
10 U.S.C. 2564.
    (iv) When necessary, procure goods and services through 
contracting.
    (8) Administer the expenditure of appropriated funds, and ensure 
that DoD is reimbursed for its DoD support to special events when 
required by law or DoD policy.
    (i) With the assistance of DoD Components, provide cost estimates 
of DoD support to a special event that is under consideration for 
approval.
    (ii) Upon approval, administer the execution of funding for DoD 
support to special events.
    (iii) At the conclusion of DoD support to a special event, collect 
and provide a financial accounting for all DoD funds expended in 
support of that special event.
    (9) Establish and maintain effective liaison with DoD Components 
for the timely exchange of information about special event projects.
    (10) Provide other support to special events as directed.
    (j) The Heads of the DoD Components shall:
    (1) Designate and maintain an OPR for special events or a special 
events coordinator and provide that OPR designation and contact 
information to the CJCS within 60 days of the publication of this part; 
and provide updates to OPR designation and contact information within 
30 days of a change.
    (2) Provide personnel, equipment, and support to special events as 
directed.
    (3) Ensure personnel supporting special events comply with 
applicable antiterrorism and force protection training and standards.
    (4) Provide other support to special events as directed.
    (k) The Chief, National Guard Bureau (NGB), under the authority, 
direction, and control of the Secretary of Defense through the 
Secretary of the Army and the Secretary of the Air Force, shall:
    (1) Serve as the channel of communication between:
    (i) The Secretary of Defense and the heads of the DoD Components 
(including the Secretary of the Army and the Secretary of the Air 
Force), and
    (ii) The States on all matters pertaining to National Guard 
involvement in DoD support to special events.

    Note to paragraph (k)(1):  Direct liaison between the entities 
in paragraphs (j)(1)(i) and (j)(1)(ii) of this section should occur 
only in an emergency when time does not permit compliance with this 
part. In each such instance, the Chief, NGB, should be informed of 
the communication.

    (2) Annually assess the readiness of the National Guard of the 
States to participate in DoD support to special events, and report on 
this assessment to the Secretary of Defense, the Secretaries of the 
Army and the Air Force, the USD(P&R), the ASD(HD&ASA), the Assistant 
Secretary of Defense for Reserve Affairs, the CJCS, and appropriate 
Combatant Commanders.
    (3) Participate in the Joint Staff capability-based planning and 
assessments, the Joint Capabilities Integration and Development System, 
and the DoD planning, programming, budgeting and execution assessment 
for all actions pertaining to National Guard participation in DoD 
support to special events.
    (4) Facilitate and deconflict the planning and use of National 
Guard forces among the States to ensure that adequate and balanced 
forces are available and responsive for DoD special event support, 
consistent with national security objectives and priorities.

Sec.  183.6  Procedures.

    (a) General Provisions. (1) This section provides the basic 
procedures for DoD support to special events.
    (2) As appropriate, amplifying procedures regarding DoD support to 
special events shall be published separately and maintained by the 
Office of the ASD(HD&ASA) and released as needed in the most effective 
medium consistent with DoD Directive 8320.02 (see http://www.dtic.mil/whs/directives/corres/pdf/832002p.pdf).
    (b) Special Event Process.
    (1) Engagement.
    (i) Engagement may be initiated by the Department of Defense, civil 
authorities, or qualifying entities. If the initial engagement is not a 
written RFA, representatives from ASD(HD&ASA) and the Joint Staff will 
confer to determine actual requirements.
    (ii) Engagement may involve informational briefings and meetings 
between DoD representatives and special event organizers, civil 
authorities, or qualifying entities. These informal engagements may 
result in non-DoD entities submitting an RFA to the Executive Secretary 
of the Department of Defense, requesting DoD support for a special 
event.
    (iii) Once an RFA is received, it will be sent to ASD(HD&ASA) and 
the CJCS simultaneously for staffing and recommendation. Additional 
engagement with the requestor may be required to quantify the scope and 
magnitude of the support requested.
    (2) Planning.
    (i) The direction and focus of DoD special-event-planning will 
depend on the nature of the event and scope and magnitude of the 
support requested or anticipated. International events may require 
additional planning, procedures, and coordination with the government 
of the host country.
    (ii) For NSSEs and events that may require the employment of 
military forces or centralized command and control, the CJCS will issue 
a planning order, requesting a Combatant Commander to initiate planning 
and notify potential supporting commands/organizations and the Chief, 
NGB, as appropriate. When possible, established CJCS-directed planning 
procedures will be used for the Combatant Commander to provide an 
assessment and request for forces.

[[Page 72770]]

    (A) The NSSE designation process generally is initiated by a formal 
written request to the Secretary of Homeland Security by the State or 
local government hosting the event. In other situations where the event 
is Federally sponsored, an appropriate Federal official will make the 
request.
    (B) Once the request is received by the DHS, the USSS will send an 
NSSE questionnaire to the responsible host official for completion. The 
request, completed questionnaires, and other supporting information are 
reviewed by the NSSE Working Group, including the DoD member of the 
NSSE Working Group, which provides a recommendation to the Secretary of 
Homeland Security regarding NSSE designation.
    (C) The Secretary of Homeland Security makes the final 
determination to designate an event as an NSSE pursuant to Homeland 
Security Presidential Directive 7 (see http://www.dhs.gov/xabout/laws/gc_1214597989952.shtm). Once an event is designated an NSSE, certain 
other Federal departments and agencies have statutory duties and 
responsibilities.
    (iii) There are numerous events where DoD support should be 
anticipated and a planning order issued to the appropriate Combatant 
Commander. These include, but are not limited to:
    (A) The President's State of the Union Address or other addresses 
to a Joint Session of Congress.
    (B) Annual meetings of the United Nations General Assembly.
    (C) National Presidential nominating conventions.
    (D) Presidential inaugural activities.
    (E) International summits or meetings.
    (F) State funerals.
    (G) The National Boy Scout Jamboree.
    (H) Certain international or domestic sporting competitions.
    (iv) There are other events that the Department of Defense supports 
that do not involve the assignment of military forces or centralized 
command and control by Combatant Commanders, which include planning 
requirements by the host organizations. These include, but are not 
limited to:
    (A) Military Department or Service-sponsored events, such as:
    (1) The Marine Corps Marathon.
    (2) The Army 10-Miler.
    (3) Navy Fleet Weeks.
    (4) Installation or Joint Service Open Houses.
    (5) Service or Joint Air Shows.
    (B) Community relations activities authorized in accordance with 
DoD Directive 5122.05 and DoD Instruction 5410.19.
    (v) DoD may provide support to certain sporting events that are 
included under subsection (c) of section 2564 of title 10 U.S.C. by 
providing technical, contracting, and specialized equipment support. 
These events may be funded by title 10 U.S.C. 2564 and include:
    (A) The Special Olympics.
    (B) The Paralympics.
    (C) Sporting events sanctioned by the United States Olympic 
Committee (USOC) through the Paralympic Military Program.
    (D) Any international or domestic paralympic sporting event that 
are held in the United States or its territories that is governed by 
the International Paralympic Committee and sanctioned by the USOC for 
which:
    (1) Participation exceeds 100 amateur athletes; and
    (2) At least 10 percent of the athletes participating in the 
sporting event are members or former members of the armed forces.
    (3) At least 10 percent of the athletes participating in the 
sporting event are either members or former members of military 
services who are participating in the sporting event based upon an 
injury or wound incurred in the line of duty in the armed force or 
veterans who are participating in the sporting event based upon a 
service-connected disability.
    (vi) Planning for DoD support to the Olympics and certain other 
sporting events requires additional considerations.
    (A) Subsections (a) and (b) of section 2564 of title 10 U.S.C. 
authorize the Secretary of Defense to provide assistance for the 
Olympics and certain other sporting events. Unless the event meets the 
specific requirements stated in paragraph (b)(2)(v) of this section, 
the Attorney General must certify that DoD security and safety 
assistance is necessary to meet essential security and safety needs of 
the event.
    (B) The Department, led by the ASD(HD&ASA), will collaborate with 
the CJCS, the Department of Justice, including the FBI, and other 
appropriate DoD Components and Federal departments or agencies, usually 
as part of a Joint Advisory Committee (JAC), to provide a 
recommendation to the Attorney General on what categories of support 
the Department of Defense may be able to provide to meet essential 
security and safety needs of the event.
    (C) Support other than safety and security may be authorized for 
sporting events, but only to the extent that:
    (1) Such needs cannot reasonably be met by a source other than the 
Department of Defense.
    (2) Such assistance does not adversely affect military 
preparedness.
    (3) The requestor of such assistance agrees to reimburse to the 
Department of Defense, in accordance with the provisions of title 10 
U.S.C. 372-374, title 10 U.S.C. 377, title 10 U.S.C. 2012, title 10 
U.S.C. 2553-2555, title 10 U.S.C. 2564 and other applicable provisions 
of law.
    (vii) Types of support that the Department of Defense can provide 
include, but are not limited to:
    (A) Aviation.
    (B) Communications (e.g., radios, mobile telephones, signal 
integrators);
    (C) Security (e.g., magnetometers, closed-circuit televisions, 
perimeter alarm systems, undercarriage inspection devices).
    (D) Operations and Command Centers (e.g., design and configuration, 
video walls).
    (E) Explosive Ordnance Detection and Disposal (technical advice, 
Explosive Ordnance Disposal teams, Explosive Detector Dog, dog teams).
    (F) Logistics (transportation, temporary facilities, food, 
lodging).
    (G) Ceremonial support (in coordination with the ASD(PA)).
    (H) Chemical, biological, radiological, and nuclear threat 
identification, reduction, and response capabilities.
    (I) Incident response capabilities (in coordination with the 
Department of Justice, the DHS, the Department of Health and Human 
Services, and in consultation with appropriate State and local 
authorities).
    (viii) DoD personnel support to special events is provided using a 
total force employment concept that may include Active Duty Reserve 
Component military personnel (including National Guard forces 
performing duty pursuant to title 32 U.S.C. 502, DoD civilian 
personnel, and DoD contractor personnel.
    (A) National Guard personnel conducting support to special events 
while on State Active Duty, or in a militia status, at the direction of 
their Governor or Adjutant General, are not considered to be providing 
DoD support to special events.
    (B) This part does not limit or affect DoD and National Guard 
personnel volunteering to support special events during their non-duty 
time. This volunteer support is not considered as part of DoD support 
to special events. Volunteers are prohibited from obligating or using 
DoD resources to support a special event while in a volunteer status 
except as authorized by separate statute or authority.
    (3) Coordination. (i) Coordination of DoD support to special events 
will

[[Page 72771]]

likely take place simultaneously with engagement and planning; operate 
across the full spectrum of strategic, operational, and tactical 
levels; and occur internally among DoD Components and externally with 
supported civil authorities and qualifying entities.
    (A) Policy coordination between the Department of Defense and other 
Federal departments is the responsibility of ASD(HD&ASA). Other DoD 
Components may send representatives to these meetings with the prior 
concurrence of ASD(HD&ASA). Standing Departmental-level special events 
coordination meetings include:
    (1) USSS-led NSSE Working Group.
    (2) DHS-led Special Events Working Group.
    (3) Department of State, Bureau of Diplomatic Security-led 
International Sporting Event Group.
    (B) Coordination Below the Strategic Level. (1) Coordination within 
the Department is led by the ASD(HD&ASA) and is facilitated by the CJCS 
for the Combatant Commands and other Joint Commands and by other DoD 
Component Heads for their constituent elements.
    (2) The CJCS will work with the Service Chiefs, Chief NGB, and the 
heads of DoD Components when subject matter expertise is needed for the 
event organizers. This will be based upon location and other criteria, 
as needed.
    (ii) Inputs to the DHS-produced Integrated Federal Support 
Overview(IFSO) will be solicited by the CJCS and sent to the 
ASD(HD&ASA) for consolidation and deconfliction prior to final 
submission to DHS. DoD Component Heads not tasked by the Joint Staff 
will submit their input directly to ASD(HD&ASA).
    (iii) RFAs for DoD support will adhere to the following:
    (A) An RFA for DoD support to a special event may be made by 
Federal, State, or local civil authorities, or by other qualifying 
entities.
    (B) RFAs will be in writing and addressed to the Secretary of 
Defense, the Deputy Secretary of Defense or the Executive Secretary of 
the Department of Defense, 1000 Defense, Pentagon, Washington, DC 
20301-1000. Components who receive RFAs directly from the requestor 
will immediately forward them to the Executive Secretary for 
disposition, distribution, and tracking.
    (C) The Executive Secretary will determine who within the 
Department has the lead action on the RFA. At a minimum, the RFA will 
be distributed to the ASD(HD&ASA) and the CJCS. If the RFA is for a 
single capability that a Component is the OPR or for which has 
Executive Agency. The Executive Secretary will send the RFA to that 
Component for action, and will provide an information copy to the 
ASD(HD&ASA) and the CJCS.
    (D) Vetting of RFAs will be in accordance with DoD's Global Force 
Management process and consistent with criteria published in 32 CFR 
part 185.
    (E) Unless directed otherwise, the Executive Secretary will 
communicate the Department's decision on support to a special event to 
the requesting authorities.
    (4) Execution. Execution of DoD support to special events is a 
shared responsibility. The scope and magnitude of the support being 
provided will determine the OPR and level of execution.
    (i) When joint military forces or centralized command and control 
of DoD support to a special event are anticipated or required, a 
Combatant Commander shall be identified as the Supported Commander in a 
properly approved order issued by the CJCS. The designated Combatant 
Command shall be the focal point for execution of DoD support to that 
special event with other DoD Components in support. Reporting 
requirements shall be in accordance with the properly approved order 
issued by the CJCS and standing business practices.
    (ii) When there are no military forces required and no need for 
centralized command and control, DoD support to special events shall be 
executed by the CJCS or the head of a DoD Component, as designated in a 
properly approved order or message issued by the CJCS. Oversight of DoD 
support will be provided by the ASD(HD&ASA).
    (5) Recovery. (i) Durable, non-unit equipment, procured by the 
Department of Defense to support a special event, shall be retained by 
the CJCS for use during future events in accordance with Sec.  
183.5(h)(7) of this part.
    (ii) An After-Action Report shall be produced by the Combatant 
Command or OPR and sent to ASD(HD&ASA) and the CJCS within 60 days of 
completion of the event.

    Dated: November 15, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-29764 Filed 11-24-10; 8:45 am]
BILLING CODE 5001-06-P
```