FM-3-81 Maneuver Enhancement Brigade Download
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Defense Support of Civil Authorities 09 November 2021 FM 3-81 B-3 PROVIDE SUPPORT FOR DOMESTIC CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR INCIDENTS B-10. A chemical, biological, radiological, or nuclear incident is any occurrence, resulting from the use of chemical, biological, radiological, and nuclear weapons and devices; the emergence of secondary hazards arising from friendly actions; or the release of toxic industrial materials or biological organisms and substances into the environment, involving the emergence of chemical, biological, radiological, and nuclear hazards (JP 3-11). The National Response Force integrates governmental jurisdictions, incident management and emergency response disciplines, and private sector entities into a coordinated CBRN incident response. B-11. Military forces conduct domestic CBRN incident support under appropriate laws, regulations, and policies. These include the hazardous waste operations and emergency response standard (Title 29, Code of Federal Regulations, Part 1910, Occupational Safety and Health Standard Number 1910.120) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Sections 9601 to 9675 of Title 42 USC). Responders at every level plan and operate in accordance with these laws. These and other laws define— Response authorities for public and private agencies. Hazardous substances, emergency planning, and community right to know. Cleanup requirements. Required protective measures and training for responders within the United States. B-12. Department of Homeland Security uses the National Fire Protection Association Standard 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, to establish the qualifications for personnel conducting domestic CBRN incident response. (See National Fire Protection Standard 472). During domestic CBRN incident response operations, national laws subordinate military doctrine and military authority outside DOD installations. Command structures are based on the National Response Framework and the National Incident Management System, with DOD as a supporting partner. DOD is not the lead unless an incident occurs on a DOD installation. PROVIDE SUPPORT FOR DOMESTIC CIVILIAN LAW ENFORCEMENT B-13. Providing support for domestic civilian law enforcement applies to the restricted use of military assets to support civilian law enforcement personnel within the United States and its territories. These operations are significantly different from operations outside the United States. ARFOR support domestic civilian law enforcement agencies under constitutional and statutory restrictions, as prescribed by corresponding directives and regulations. For additional information, see DODI 3025.21. B-14. Except as expressly authorized by the Constitution of the United States or by another act of congress, the Posse Comitatus Act of 1878 (18 USC 1385) prohibits the use of active Army and Air Force as enforcement officials to execute state or federal law and perform direct law enforcement functions. Likewise, United States Navy regulations prohibit the use of the Marine Corps and Navy for performing direct state and federal law enforcement functions. However, the Posse Comitatus Act does not apply to state National Guard forces in state active duty status and Title 32, USC status. Nor does the Posse Comitatus Act restrict the Coast Guard, even when under the OPCON of the Navy, since the Coast Guard has inherent law enforcement powers under Title 14 USC. B-15. Domestic law enforcement missions differ substantially from similar stability tasks associated with civil security and civil control. The rights of civilians take precedence during domestic law enforcement support except in extreme emergencies. B-16. Law enforcement support falls into two broad categories: direct and indirect. Direct support involves enforcing the law and engaging in physical contact with offenders. Indirect support consists of aid to civilian law enforcement agencies but does not include enforcement of the law or direct contact with offenders. Federal laws, presidential directives, and DOD policy prohibit federal military forces from enforcing laws and providing security except on military installations. These laws, policies, and directives specify limited exceptions to the restrictions. When authorized by the Secretary of Defense, federal military forces may provide indirect support to civilian law enforcement agencies, but support is limited to logistic, transportation, and training assistance except in life threatening emergencies. State and territorial governors can use state