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Updated December 8, 2020
Defense Primer: Defense Support of Civil Authorities
Introduction
maintenance, and communications support. National Guard
The U.S. military has a long history of providing support to
personnel operating under the control of border state
civil authorities, particularly in response to disasters, but for
governors are providing similar support.
other purposes as well. The Defense Department currently
defines defense support of civil authorities as “Support
Defense support of civil authorities in response to the
provided by U.S. Federal military forces, DOD civilians,
COVID-19 pandemic is discussed in CRS Insight IN11305,
DOD contract personnel, DOD Component assets, and
COVID-19: Defense Support of Civil Authorities.
National Guard forces (when the Secretary of Defense, in
coordination with the Governors of the affected States,
Request for Assistance
elects and requests to use those forces in title 32, U.S.C.,
There are two distinct methods to initiate defense support of
status) in response to requests for assistance from civil
civil authorities: a request for assistance (RFA) from civil
authorities for domestic emergencies, law enforcement
authorities, or the direct authorization of the President or
support, and other domestic activities, or from qualifying
Secretary of Defense. An RFA from civil authorities will
entities for special event.” (DOD Directive 3025.18).
come from the lead federal agency (such as the Federal
Emergency Management Agency), and in some cases will
Defense support of civil authorities in response to disasters
be validated by a Defense Coordinating Officer (DCO).
is typically carried out in accordance with the National
DCOs are assigned to the multi-agency coordination centers
Response Framework (NRF), which is a structure of
(joint field offices) established at domestic emergency
preparedness that guides the nation in responding to
incident sites. Figure 1 depicts how RFAs are generally
domestic disasters and emergencies. The NRF is always in
processed, although requests may have nuances that can
effect and its structures, roles, and responsibilities can be
create variations in the RFA process.
partially or fully implemented in response to a threat or
hazard. It aims to produce a scaled response with
DOD evaluates requests based on six criteria:
appropriate coordination. Under the NRF framework, local
and state governments are expected to put forth their best
Legality: compliance with the law
effort during incidents within their jurisdiction. They should
Lethality: potential for use of lethal force by or against
only request federal assistance when their resources are
DOD personnel
overwhelmed. At that point, DOD may provide support in
response to the Request for Assistance (RFA), typically as
Risk: safety of DOD personnel
part of a broader federal response.
Cost: source of funding and effect on the DOD budget
Examples of Defense Support of Civil Authorities
Readiness: impact on DOD’s ability to perform its
Historically, defense support of civil authorities has been
primary mission
used in situations such as:
Appropriateness: whether providing the support is in
Response to natural disasters
the interest of DOD
Special events, such as presidential inaugurations
If the request is granted, DOD will coordinate with the
requesting agency, FEMA, on-scene personnel and/or other
Border security
response partners to determine the support to be provided.
Oil spill response
Immediate Response Authority
The COVID-19 response
In certain circumstances, it may not be possible to secure
timely approval for an RFA through the normal channels
For example, in 2017 DOD supported the federal
described above. In these cases, military commanders and
government response to four disasters that occurred
certain DOD civilians have the authority to immediately
between August and December: Hurricanes Harvey, Irma,
respond to requests for assistance from a civil authority “to
and Maria, and wildfires in California. DOD personnel
save lives, prevent human suffering, or mitigate great
supported the response by providing food, water, fuel,
property damage within the United States.” (DOD Directive
power and medical support.
3025.18)
Another example of defense support of civil authorities has
been DOD’s deployment of active duty
The official directing the response must notify the National
personnel to the
Joint Operations and Intelligence Center of the details of
southwest border in support to the Department of Homeland
the response and reassess the situation no later than 72
Security. The active duty personnel have performed a
hours after receiving the request to determine if continued
variety of missions including ground and aerial
DOD support is necessary.
surveillance, road and fencing construction, transportation,
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Defense Primer: Defense Support of Civil Authorities
Control of Armed Forces and National Guard
While active duty forces are under command and control of
the President, National Guard forces remain under the
Figure 1. The Request for Assistance (RFA) Process
command and control of their state or territorial governor
unless called into federal service. Both groups can be used
in defense support of civil authority operations. When both
active duty and National Guard personnel are used in
response to an incident, DOD may appoint a dual-status
commander at the request of the governor. The dual-status
commander acts within both chains of command, relaying
orders from the federal chain of command to federal
military forces and from the state chain of command to
National Guard forces.
Laws and Policy Guidance
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act is the statutory authority for disaster relief
of both natural disasters and human-caused incidents. It
authorizes the President to issue a major disaster declaration
or an emergency declaration, which are both decisions to
provide federal aid. The act allows federal assistance to be
given quickly to states and localities.
The Economy Act provides authority for federal agencies
to order goods or services from other federal agencies
provided the “ordered goods or services cannot be provided
by contract as conveniently or cheaply by a commercial
enterprise.” (10 U.S.C. §1535) This permits an agency to
request DOD support in situations other than those outlined
in the Stafford Act.
Military Support to Civilian Law Enforcement Agencies
provisions (10 U.S.C. §§271-284) authorize certain types of
military support to civilian law enforcement officials and
Note: Approval authority for some RFAs has been delegated to the
agencies. In specified circumstances, support may include
commanders of U.S. Northern Command and U.S. Indo-Pacific
use of military equipment and facilities, training and
Command.
advising, maintenance and operation of equipment, support
Source: Adapted from Joint Publication 3-28, Defense Support of
for counterdrug activities, and support for activities to
Civil Authorities, September 14, 2007, Figure II-1.
counter transnational organized crime.
Possible Future Applications
The Posse Comitatus Act restricts the extent to which
The Government Accountability Office (GAO) published a
DOD personnel can be involved in civilian law enforcement
report in April of 2016 assessing DOD’s plans for
activities. Generally prohibited activities include search,
providing defense support of civil authorities in response to
seizure, and arrest.
a domestic cyber incident and recommending updated
guidance to clarify roles and responsibilities of key
DOD Directive 3025.18 is the DOD regulation governing
organizations and officials.
defense support of civil authorities, setting policies such as
assignment of responsibility, and criteria for handling
Other Resources
requests.
Department of Defense Directive 3025.18, Defense Support of
Civil Authorities (DSCA), December 29, 2010
Reimbursement
Joint Publication 3-28, Defense Support of Civil Authorities,
Reimbursement of the costs of providing this type of
October 29, 2018
support varies according to the requirements contained in
the statutory authorities involved and the decisions of the
President or Secretary of Defense. DOD considers
reimbursable costs to include those associated with cost of
Lawrence Kapp, Specialist in Military Manpower Policy
additional hiring, overtime, travel, consumables, fuel, and
damage of supplies. Nonreimbursable activities include
IF11324
normal training and operating costs such as regular pay and
allowances of personnel, benefits, and administrative
overhead.
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Defense Primer: Defense Support of Civil Authorities
Disclaimer
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