JP 3-28, page 16
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)
Searchable page text (OCR / PDF)
Executive Summary
xiv
JP 3-28
Command and Control in
United States Northern
Command and United
States Pacific Command
Areas of Responsibility
For DSCA operations, SecDef designates a supported
combatant
commander. Ordinarily,
this
will
be
Commander, US Northern Command, for the continental
US, Alaska, Puerto Rico, and the US Virgin Islands and
Commander, US Pacific Command, for Hawaii, Guam,
American Samoa, and the Northern Mariana Islands. The
Chairman of the Joint Chiefs of Staff (CJCS) may publish,
if required, a SecDef-approved execute order (EXORD) to
further delineate support relationships, available forces,
end state, purpose, and SecDef-approved scope of actions.
Planning Considerations
for Defense Support of
Civil Authorities
To expedite planning and operational response during
crisis situations, the CJCS publishes a DSCA EXORD and
a chemical, biological, radiological, and nuclear response
EXORD to allow prompt force deployment in support of
domestic incidents. DOD planners work hand-in-hand
with NG and civilian planners to develop tailored regional
civil-military plans for DSCA. These plans inform local,
territorial, tribal, state, and national planning efforts.
Supporting Civilian Law Enforcement Agencies
When requested, federal forces may provide support to
federal, state, territory, tribal, insular areas, and local law
enforcement organizations reacting to civil disturbances,
conducting border security and counterdrug missions,
preparing for antiterrorism operations, and participating in
other related law enforcement activities. The requested
support must be consistent with the limits Congress placed
on military support to law enforcement through the Posse
Comitatus Act (PCA) and other laws.
The Posse Comitatus Act
The primary restriction on DOD participation in civilian
law enforcement activities is the PCA. IAW DOD policy,
unless specifically authorized by law, no DOD personnel
in a Title 10, USC, status will become involved in direct
civilian law enforcement activities, including, but not
limited to, search, seizure, arrest, apprehension, stop and
frisk, surveillance, pursuit, interrogation, investigation,
evidence collection, security functions, traffic or crowd
control, or similar activities, except in cases and under
circumstances expressly authorized by the President,
Constitution, or act of Congress.