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Military manual JP 3-28 Page 120 of 164 text: pdf

JP 3-28, page 120

Defense Support of Civil Authorities

Joint Publication: Defense Support of Civil Authorities

29 October 2018 public edition (Wayback JCS copy; S2 cited as JP 328 / JP 3-28 DSCA)

Page 120 of JP 3-28
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Appendix E E-2 JP 3-28 f. The Economy Act of 1932 (Title 31, USC, Section 1535). The Economy Act of 1932 permits one federal agency to request the support of another provided that the requested services cannot be obtained more cheaply or conveniently by contract. Under this act, a federal agency with lead responsibility may request the support of DOD without a presidential declaration of an emergency as required by the Stafford Act. g. Armed Forces (Title 10, USC). Title 10, USC, provides guidance pertaining to the Armed Forces of the United States. Guidance is divided into five subtitles: one on general military law and one each for the USA, USN and USMC, the USAF, and the RC. Chapter 15 (Sections 271-282) of Title 10, USC, governs military support for civilian LEAs. h. PCA (Title 18, USC, Section 1385). This federal statute places strict limits on the use of the USA and the USAF for law enforcement. Enacted in 1878, the PCA prohibits the willful use of the USA (and later, the USAF) to execute the laws, except as authorized by the Congress or the US Constitution. Although the PCA, by its terms, refers only to the USA and USAF, DOD policy extends the prohibitions of the act to USN and USMC forces as well. DODI 3025.21, Defense Support of Civilian Law Enforcement Agencies, implements the PCA for DOD components. Additionally, federal courts have recognized exceptions to the PCA. The most notable are the “military purpose doctrine” and the “indirect assistance” to civilian law enforcement exceptions. Exceptions and/or circumstances not falling under PCA include, but are not limited to: (1) Actions taken for the primary purpose of furthering a military or foreign affairs function of the US. (2) Federal troops acting pursuant to the President’s Constitutional and statutory authority to respond to civil disorder. (3) Actions taken under express statutory authority to assist officials in executing the laws, subject to applicable limitations. (4) CD operations authorized by statute. i. Title 32, USC, Section 502 (National Guard). Title 32, USC, establishes the basis for federal oversight of the NG and provides the authority for the NG to conduct activities in a federal duty status, subject to state control, while accomplishing federal missions and purposes. The majority of activities conducted pursuant to Title 32, USC, directly relate to training or other readiness requirements established by the USA and the USAF to prepare the NG for its warfighting mission. Any operational missions approved by the President or SecDef and otherwise permitted by law may be accomplished in federal duty status under Title 32, USC (e.g., DSC; employment of NG civil support teams; and other domestic operational use of the NG pursuant to Title 32, USC, Section 502[f]). 2. Representative DOD Guidance a. Unified Command Plan (UCP). The UCP establishes the missions, responsibilities, and geographic AORs for commanders of CCMDs.