JP 3-28, page 64

Chapter III III-8 JP 3-14 [UXO]) awareness and education programs that promote public safety and inform the public of the hazards associated with military munitions and explosive items. (5) Title 18, USC. Under Title 18, USC, Section 831, the Attorney General may request that SecDef provide emergency assistance if civilian law enforcement is inadequate to address certain types of threats involving the release of nuclear materials, such as potential use of a nuclear or radiological weapon. SecDef may provide such assistance IAW Title 10, USC, Chapter 18, providing personnel under the authority of DOD. 5. Law Enforcement Considerations a. Domestic law enforcement support requires expert legal advice to military leaders at every level. The command staff judge advocate should review plans and orders carefully. To avoid delays, proper preplanning is critical to mission support. Plans and orders should identify measures that require legal consultation, command approval, or both. Supporting commanders should plan for provision of additional liaison personnel and communications to the supported LEA. Commanders should educate their personnel on their chain of command and which LEA they are supporting. Federal military forces and NG forces may operate in proximity although they remain under separate chains of command. On the ground, however, commanders from both forces should co-locate so they can closely coordinate operations. b. Just as in the military, civilian law enforcement operations rely on information to ensure success of the mission. Civilian LEAs comply with strict legal limits on information: who provides the information, what information is collected, how the information is collected, and how the information can be used. Military forces providing intelligence support to civilian LEAs must comply with intelligence oversight procedures and policy, as well as civilian LEA constraints. Military personnel performing law enforcement functions must comply with DODD 5200.27, Acquisition of Information Concerning Persons and Organizations Not Affiliated with the Department of Defense. Commanders must ensure laws, military regulatory authorities, and DOD policies are not violated. Employment of intelligence systems domestically remains a sensitive legal area, particularly when used in support of civilian LEAs. c. Joint patrols involving NG and local law enforcement officers have proven to be highly effective and efficient in the aftermath of disasters and disturbances. Generally, NG members conduct security patrols in state active duty or Title 32, USC, status. Title 10, USC, members may conduct joint patrols as authorized IAW DODI 3025.21, Defense Support of Civilian Law Enforcement Agencies. d. Federal military forces supporting law enforcement often have severe restrictions and specific RUF. These rules have been approved by SecDef and are found in CJCSI 3121.01, (U) Standing Rules of Engagement/Standing Rules for the Use of Force for US Forces. e. NG commanders in a Title 32, USC, or state active duty status should also ensure their personnel are briefed on applicable state RUF and issued an appropriate RUF card