JP 3-28, page 39
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)
Supporting a Comprehensive All Hazards Response
II-5
c. Regardless of the type of incident, the President leads the USG response effort to
ensure the necessary resources are applied quickly and efficiently to large-scale and
catastrophic incidents. Different USG departments or agencies lead coordination of the
USG’s response, depending on the type and magnitude of the incident, and are also
supported by other agencies that bring their relevant capabilities to bear in responding to
the incident. For example, FEMA leads and coordinates federal response and assistance
when the President declares a major disaster or emergency under the Stafford Act.
Similarly, the Department of Health and Human Services leads all federal public health
and medical response to public health emergencies and incidents covered by the NRF.
d. The response to a catastrophic incident, and any cascading effects, requires a
coordinated effort involving local, state, tribal, territorial, and federal governments; NGOs;
and private sector partners. All response partners, organized in support of an ESF, utilize
NIMS to facilitate usage of a common terminology, including the establishment of plain
language (clear text) communications standards, accessible and actionable effective
communication for whole community access, integrated communications, unified
command structure, and comprehensive resource management to ensure effective
coordination between all stakeholders.
3. Department of Defense Immediate Response and Emergency Authority
a. Immediate Response. As authorized by the Stafford Act, and prescribed by
DODD 3025.18, Defense Support of Civil Authorities (DSCA), federal military
commanders, heads of DOD components, and responsible DOD civilian officials have
immediate response authority. In response to an RFA from a civil authority, under
imminently serious conditions and if time does not permit approval from higher authority,
DOD officials may provide an immediate response by temporarily employing the resources
under their control, subject to any supplemental direction provided by higher headquarters,
to save lives, prevent human suffering, or mitigate great property damage within the US.
Immediate response authority is not an exception to the PCA nor does it permit actions that
would subject civilians to the use of military power that is regulatory, prescriptive,
proscriptive, or compulsory.
(1) A DOD official directing immediate response authority shall immediately
notify, through the chain of command, the National Joint Operations and Intelligence
Center (NJOIC). The NJOIC will inform United States Northern Command
(USNORTHCOM) and/or United States Indo-Pacific Command (USINDOPACOM) and
the appropriate DOD components.
(2) Immediate response ends when DOD assistance is no longer necessary (e.g.,
when there are sufficient resources and capabilities available from state, local, and other
federal agencies to respond adequately) or when a DOD authority directs an end to the
response. The DOD official directing a response under immediate response authority
makes an assessment, no later than 72 hours after receipt of request for DOD assistance, as
to whether there remains a need for the continued DOD support. Under Title 42, USC,
DOD response may not exceed 10 days without presidential approval.