Defense Primer: Defense Support of Civil Authorities

Defense Primer: Defense Support of Civil Authorities

Updated January 3, 2023
Defense Primer: Defense Support of Civil Authorities
Introduction
surveillance, road and fencing construction, transportation,
The U.S. military has a long history of providing support to
maintenance, and communications support.
civil authorities, particularly in response to disasters, but for
other purposes as well. The Defense Department currently
Defense support of civil authorities in response to the
defines defense support of civil authorities as “Support
COVID-19 pandemic is discussed in CRS Insight IN11305,
provided by U.S. Federal military forces, DOD civilians,
COVID-19: Defense Support of Civil Authorities.
DOD contract personnel, DOD Component assets, and
National Guard forces (when the Secretary of Defense, in
Request for Assistance
coordination with the Governors of the affected States,
There are two distinct methods to initiate defense support of
elects and requests to use those forces in Title 32, U.S.C.,
civil authorities: a request for assistance (RFA) from civil
status) in response to requests for assistance from civil
authorities, or the direct authorization of the President or
authorities for domestic emergencies, law enforcement
Secretary of Defense. An RFA from civil authorities will
support, and other domestic activities, or from qualifying
come from the lead federal agency (such as the Federal
entities for special event.” (DOD Directive 3025.18)
Emergency Management Agency), and in some cases will
be validated by a Defense Coordinating Officer (DCO).
Defense support of civil authorities in response to disasters
DCOs are assigned to the multi-agency coordination centers
is typically carried out in accordance with the National
(joint field offices) established at domestic emergency
Response Framework (NRF), which is a structure of
incident sites. Figure 1 depicts how RFAs are generally
preparedness that guides the nation in responding to
processed, although requests may have nuances that can
domestic disasters and emergencies. The NRF is always in
create variations in the RFA process.
effect and its structures, roles, and responsibilities can be
partially or fully implemented in response to a threat or
Per DOD Directive 3025.18, DOD evaluates requests based
hazard. It aims to produce a scaled response with
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
 Appropriateness: whether providing the support is in
Historically, defense support of civil authorities has been
the interest of DOD
used in situations such as
 Readiness: impact on DOD’s ability to perform its other
 Response to natural disasters
primary missions
 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.
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Defense Primer: Defense Support of Civil Authorities
Control of Armed Forces and National Guard
overtime, travel, consumables, fuel, and damage of supplies
While active duty forces are under command and control of
and equipment. Nonreimbursable activities include normal
the President, National Guard forces remain under the
training and operating costs such as regular pay and
command and control of their state or territorial governor
allowances of personnel, benefits, and administrative
unless called into federal service. Both groups can be used
overhead.
in defense support of civil authority operations. When both
active duty and National Guard personnel are used in
Figure 1. The Request for Assistance (RFA) Process
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 (42 U.S.C. §§5121-5207) 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 (10 U.S.C. §1535) 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.” 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
Source: CRS adaptation of Joint Publication 3-28, Civil Support,
military support to civilian law enforcement officials and
September 14, 2007, Figure II-1.
agencies. In specified circumstances, support may include
Notes: Approval authority for some RFAs has been delegated to the
use of military equipment and facilities, training and
commanders of U.S. Northern Command and U.S. Indo-Pacific
advising, maintenance and operation of equipment, support
Command.
for counterdrug activities, and support for activities to
counter transnational organized crime.
Possible Future Applications
The Government Accountability Office published a report
The Posse Comitatus Act (18 U.S.C. §1385) restricts the
in April of 2016 assessing DOD’s plans for providing
extent to which “any part of the Army, the Navy, the
defense support of civil authorities in response to a
Marine Corps, the Air Force, or the Space Force” may be
domestic cyber incident and recommending updated
involved in civilian law enforcement activities. Courts have
guidance to clarify roles and responsibilities of key
generally construed this Act to prohibit activities such as
organizations and officials.
search, seizure, and arrest.
Other Resources
DOD Directive 3025.18 is the DOD regulation governing
Department of Defense Directive 3025.18, Defense Support
defense support of civil authorities, setting policies such as
of Civil Authorities (DSCA), December 29, 2010
assignment of responsibility, and criteria for handling
Joint Publication 3-28, Defense Support of Civil Authorities,
requests.
October 29, 2018
Reimbursement

Reimbursement of the costs of providing this type of
support varies according to the requirements contained in
Lawrence Kapp, Specialist in Military Personnel Policy
the statutory authorities involved and the decisions of the
President or Secretary of Defense. DOD considers
IF11324
reimbursable costs to include those associated with cost of

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Defense Primer: Defense Support of Civil Authorities

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