SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2016, Issue No. 67
August 15, 2016

Secrecy News Blog: http://fas.org/blogs/secrecy/

DEFENSE SUPPORT OF CIVIL AUTHORITIES: OVERVIEW

The conditions under which U.S. military capabilities can be brought to bear in domestic civilian affairs are explained in a new three-volume manual published last week by the Department of Defense.

As a rule, DoD intervention comes "in response to a request for assistance from civil authorities for domestic emergencies, law enforcement agency support, and other domestic activities. The most visible support is provided during major natural and man-made disasters and other incidents."

Except in cases of imminent loss of life or similar extremes, requests for military assistance are supposed to undergo a threshold review to establish their legality.

"A key factor in determining whether DoD should provide support of non-DoD entities is identifying the authority that directs or allows the support. U.S. law, Presidential Executive Orders and directives, federal regulations, and DoD policies provide the framework and authorities for DoD to provide support of non-DoD entities.... Responsibilities also may be reflected in memorandums of agreement (MOAs)."

The new DoD manual details the elements of that legal and regulatory framework. It identifies the six standing Execute Orders (EXORDs) that authorize DoD support to civilian authorities, the relevant presidential directives, and the array of other instructions, regulations, statutes and directives that constrain or empower the U.S. military in domestic civilian matters.

The manual addresses DoD rules for the use of force (RUF), and describes a wide range of potential DoD missions in the civilian arena, including: search and rescue, explosive ordnance disposal, response to chemical, biological, radiological or nuclear incidents, pandemics, acts of terrorism, mass migration emergencies, civil disturbances, as well as support to National Special Security Events and to national and international sporting events, among other missions.

See DoD Manual 3025.01, Volume 1 - Defense Support of Civil Authorities: Overview, August 11, 2016:

DoD Manual 3025.01, Volume 2 - Defense Support of Civil Authorities: Incident Response, August 11, 2016:

DoD Manual 3025.01, Volume 3 - Defense Support of Civil Authorities: Pre-Planned DoD Support of Law Enforcement Agencies, Special Events, Community Engagement, and Other Non-DoD Entities, August 11, 2016:

NATURAL GAS IN THE EASTERN MEDITERRANEAN, & MORE FROM CRS

New and updated reports from the Congressional Research Service in the last few days include the following. Natural Gas Discoveries in the Eastern Mediterranean, August 15, 2016:

Al Qaeda and U.S. Policy: Middle East and Africa, updated August 11, 2016:

Department of Defense Contractor and Troop Levels in Iraq and Afghanistan: 2007-2016, updated August 15, 2016:

The Committee on Foreign Investment in the United States (CFIUS), updated August 12, 2016:

Methane: An Introduction to Emission Sources and Reduction Strategies, updated August 15, 2016:

Revisiting U.S.-Mexico Sugar Agreements, CRS Insight, August 12, 2016:

Repair, Modification, or Resale of Software-Enabled Consumer Electronic Devices: Copyright Law Issues, August 11, 2016:

Next Steps for Auction of TV Broadcast Airwaves to Commercial Carriers, CRS Insight, August 15, 2016:

DOJ Brings Forfeiture Action to Seize and Return $1 Billion Embezzled Malaysian Government Assets, CRS Legal Sidebar, August 15, 2016:

Cybersecurity Issues and Challenges: In Brief, updated August 12, 2016:

DC Circuit Holds an Agency Official's Private Email Account Not Beyond the Reach of FOIA, CRS Legal Sidebar, August 9, 2016:

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Secrecy News is written by Steven Aftergood and published by the Federation of American Scientists.

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