JP 1, Doctrine for the Armed Forces of the United States - Defense ...

Doctrine Governing Unified Direction of Armed Forces
coordinating executive branch efforts to detect, prepare for, prevent, protect against, respond
to, and recover from terrorist attacks within the US.
(b) In domestic situations, US law and policy limit the scope and nature of
military actions. SecDef retains the authority to approve use of DOD resources for
assistance to civil authorities. For DSCA operations within the US, the Joint Staff Joint
Director of Military Support (JDOMS) validates requests for assistance, determines what
DOD capabilities are available to fulfill the request, and coordinates SecDef approval to use
DOD forces. JDOMS will normally allocate Title 10, USC, forces to United States Northern
Command (USNORTHCOM) for operations approved by SecDef. The National Guard has
unique roles in domestic operations. The National Guard in either state active duty or Title
32, USC, status (not in federal service) is likely to be the first military force to provide
support for an incident.
(c) Per the Posse Comitatus Act and DOD regulations, the US is generally
prohibited from employing Title 10, USC, DOD forces to provide direct military
involvement to enforce the law of the US unless expressly authorized by the Constitution or
Congress. For example, the President, as Commander in Chief under the Insurrection Act,
may use the military in cases of civil disturbance and to protect USG functions and property.
It is important to note that use of military forces in the defense of the US is not support to
civilian law enforcement and is not subject to the prohibitions of the Posse Comitatus Act.
(d) In addition to coordinating with USG departments and agencies, other
domestic participants may be involved, to include state, local, and/or tribal government
organizations as well as the types of NGOs and IGOs that operate domestically and/or
internationally.
For more information on HS, HD, DSCA, and associated interagency coordination activities
in support of these missions, see the National Strategy for Homeland Security, National
Response Framework, DOD Strategy for Homeland Defense and Civil Support, JP 3-27,
Homeland Defense, and JP 3-28, Civil Support.
(4) Command Relationships
(a) Command relationships preserve the primacy of civil authorities in their
spheres of responsibility while facilitating the full utilization of military forces as permitted
by the Constitution, law, and directives of the President. Military commands provide
assistance in consonance with these directives for activities conducted under the control of
civil authorities.
(b) The relationship between NGOs, IGOs, and US military elements may be
viewed as an associate or partnership relationship. These civilian organizations do not
operate in military or governmental hierarchies and therefore do not have formal supporting
or supported relationships with US military forces. However, an MOA or memorandum of
understanding can outline agreed to relationships.
(5) Organizing for Interagency Coordination
II-17