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Military manual JP 3-28 Page 91 of 164 text: pdf

JP 3-28, page 91

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 91 of JP 3-28
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Supporting and Sustaining Activities V-17 international resources for disaster response activities. IAS support is only available for international assistance that has been specifically approved by FEMA and accepted under FEMA’s gift acceptance authority under the Stafford Act. (4) Outside the IAS, DOD does not require FEMA approval to accept foreign military assistance in support of its own operations; however, for a domestic response, there should be no support falling within the military-to-military category without coordination with DOS. Even if there are standing military-to-military agreements in place, any foreign military wishing to provide direct support should offer assistance through DOS, with DOD knowledge, for the response to be properly adjudicated and a timely response provided. For detailed guidance on international support, see the International Coordination Support Annex of the NRF and the IAS CONOPS. (5) Canada-United States (CANUS) CAP. The CANUS CAP provides a framework for the military forces of one nation to support those of the other, when providing military support to civil authorities. Global Affairs Canada and the US DOS are the LFAs that coordinate requests for and offers of assistance with their respective country’s federal departments. Any execution of the CANUS CAP requires mission- specific legal authority, typically in the form of a CANUS exchange of diplomatic notes between Global Affairs Canada and US DOS. b. Financial Management (FM). FM units provide the same capabilities during DSCA operations as they do for other operations. FM capabilities provide the following support: procurement, pay, disbursing, accounting, and banking. Costs incurred during DSCA operations are incremental and are reimbursable IAW the Economy Act of 1932 and Stafford Act, unless otherwise directed by the President. FM units must have processes in place to capture these incremental costs to facilitate reimbursement. See Appendix F, “Reimbursement for Defense Support of Civil Authorities,” for details on reimbursement procedures for DSCA. c. Safety. Safety planning and operational risk management are key factors in the prevention of accidental loss of life and resources used to carry out DSCA operations. Safety plans should be fully coordinated with other agencies and promote mission safety. Safety reporting will be through the respective owning Service. Required elements for reports, record keeping, and accident investigations are contained in DODI 6055.7, Mishap Notification, Investigation, Reporting, and Record Keeping. d. Legal. DSCA involves numerous statutory, regulatory, and policy considerations. The commander and the staff judge advocate should be knowledgeable regarding the authority and responsibility of DOD, as well as that of the various other federal agencies. Inherent in these operations are the relationships between federal, state, local, territorial, and tribal authorities, as well as jurisdictional principles, security requirements, environmental requirements, and claims administration. The occurrence of an incident or civil emergency presents complex legal problems. Legal issues range from questions regarding jurisdiction and authority to exclude the general public from specific areas, to