https://crsreports.congress.gov
Updated January 3, 2023
Defense Primer: Defense Support of Civil Authorities
Introduction
The U.S. military has a long history of providing support to
civil authorities, particularly in response to disasters, but for
other purposes as well. The Defense Department currently
defines defense support of civil authorities as “Support
provided by U.S. Federal military forces, DOD civilians,
DOD contract personnel, DOD Component assets, and
National Guard forces (when the Secretary of Defense, in
coordination with the Governors of the affected States,
elects and requests to use those forces in Title 32, U.S.C.,
status) in response to requests for assistance from civil
authorities for domestic emergencies, law enforcement
support, and other domestic activities, or from qualifying
entities for special event.” (DOD Directive 3025.18)
Defense support of civil authorities in response to disasters
is typically carried out in accordance with the National
Response Framework (NRF), which is a structure of
preparedness that guides the nation in responding to
domestic disasters and emergencies. The NRF is always in
effect and its structures, roles, and responsibilities can be
partially or fully implemented in response to a threat or
hazard. It aims to produce a scaled response with
appropriate coordination. Under the NRF framework, local
and state governments are expected to put forth their best
effort during incidents within their jurisdiction. They should
only request federal assistance when their resources are
overwhelmed. At that point, DOD may provide support in
response to the Request for Assistance (RFA), typically as
part of a broader federal response.
Examples of Defense Support of Civil Authorities
Historically, defense support of civil authorities has been
used in situations such as
Response to natural disasters
Special events, such as presidential inaugurations
Border security
Oil spill response
The COVID-19 response
For example, in 2017 DOD supported the federal
government response to four disasters that occurred
between August and December: Hurricanes Harvey, Irma,
and Maria, and wildfires in California. DOD personnel
supported the response by providing food, water, fuel,
power and medical support.
Another example of defense support of civil authorities has
been DOD’s deployment of active duty personnel to the
southwest border in support to the Department of Homeland
Security. The active duty personnel have performed a
variety of missions including ground and aerial
surveillance, road and fencing construction, transportation,
maintenance, and communications support.
Defense support of civil authorities in response to the
COVID-19 pandemic is discussed in CRS Insight IN11305,
COVID-19: Defense Support of Civil Authorities.
Request for Assistance
There are two distinct methods to initiate defense support of
civil authorities: a request for assistance (RFA) from civil
authorities, or the direct authorization of the President or
Secretary of Defense. An RFA from civil authorities will
come from the lead federal agency (such as the Federal
Emergency Management Agency), and in some cases will
be validated by a Defense Coordinating Officer (DCO).
DCOs are assigned to the multi-agency coordination centers
(joint field offices) established at domestic emergency
incident sites. Figure 1 depicts how RFAs are generally
processed, although requests may have nuances that can
create variations in the RFA process.
Per DOD Directive 3025.18, DOD evaluates requests based
on six criteria:
Legality: compliance with the law
Lethality: potential for use of lethal force by or against
DOD personnel
Risk: safety of DOD personnel
Cost: source of funding and effect on the DOD budget
Appropriateness: whether providing the support is in
the interest of DOD
Readiness: impact on DOD’s ability to perform its other
primary missions
If the request is granted, DOD will coordinate with the
requesting agency, FEMA, on-scene personnel and/or other
response partners to determine the support to be provided.
Immediate Response Authority
In certain circumstances, it may not be possible to secure
timely approval for an RFA through the normal channels
described above. In these cases, military commanders and
certain DOD civilians have the authority to immediately
respond to requests for assistance from a civil authority “to
save lives, prevent human suffering, or mitigate great
property damage within the United States.” (DOD Directive
3025.18)
The official directing the response must notify the National
Joint Operations and Intelligence Center of the details of
the response and reassess the situation no later than 72
hours after receiving the request to determine if continued
DOD support is necessary.
