USMC Roles and Missions in Homeland Defense and Defense Support of Civil Authorities
This MARADMIN provides comprehensive guidance on USMC roles and responsibilities in Homeland Defense (HD) and Defense Support of Civil Authorities (DSCA). It outlines the DOD construct of "Lead, Support, and Enable" for HD/DSCA missions, clarifies legal authorities and limitations (including Posse Comitatus restrictions), explains immediate response authority for commanders, and addresses the implementation of the National Response Plan and National Incident Management System.
Issued: December 13, 2005
1. PURPOSE. PROVIDE INFORMATION ON USMC ROLES AND RESPONSIBILITIES IN HOMELAND DEFENSE (HD) AND DEFENSE SUPPORT OF CIVIL AUTHORITIES (DSCA), OFTEN REFERRED TO AS CIVIL SUPPORT (CS), MILITARY SUPPORT TO CIVIL AUTHORITIES (MSCA) OR MILITARY ASSISTANCE TO CIVILIAN AUTHORITIES (MACA). DSCA INCLUDES DOD SUPPORT THAT MAY BE PROVIDED BY FEDERAL MILITARY FORCES, DOD CIVILIANS AND CONTRACTOR PERSONNEL, AND DOD AGENCY AND COMPONENT ASSETS FOR DOMESTIC EMERGENCIES AND FOR DESIGNATED LAW ENFORCEMENT AND OTHER ACTIVITIES. AS A RESULT OF ISSUES RAISED DURING THE RESPONSE TO HURRICANE KATRINA THERE HAS BEEN AN ONGOING DEBATE ON THE ROLE OF DOD IN THE US GOVERNMENT'S RESPONSE TO DOMESTIC DISASTERS. ADDITIONALLY, THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE FOR HOMELAND DEFENSE IS DRAFTING A DOD DIRECTIVE WITH SUPPORTING DOD INSTRUCTION AND DOD MANUAL FOR DSCA. WHEN RELEASED, THE DOD DIRECTIVE FOR DSCA WILL ESTABLISH DOD POLICY AND ASSIGN RESPONSIBILITY FOR PROVIDING DSCA. 2. BACKGROUND. DEFENDING THE UNITED STATES HOMELAND IS A COMPREHENSIVE INTERAGENCY EFFORT; THERE IS NO SINGLE FEDERAL DEPARTMENT OR AGENCY SOLELY RESPONSIBLE FOR KEEPING THE HOMELAND SECURE AGAINST ALL THREATS. THE DEPARTMENT OF HOMELAND SECURITY (DHS) IS RESPONSIBLE FOR PROTECTING THE NATION'S BORDERS, PORTS AND TERRITORIAL SEAS; WORKING WITH THE PUBLIC AND PRIVATE SECTORS TO REDUCE VULNERABILITIES; AND PREPARING THE NATION TO RESPOND QUICKLY AND DECISIVELY TO TERRORIST ATTACKS. THE DEPARTMENT OF JUSTICE (DOJ), TO INCLUDE THE FEDERAL BUREAU OF INVESTIGATION (FBI), IS FOCUSED ON APPREHENDING SUSPECTED TERRORISTS WHO HAVE PENETRATED THE U.S. BORDERS. DOD, WHEN DIRECTED BY THE PRESIDENT OR SECRETARY OF DEFENSE (SECDEF), UNDERTAKES MILITARY MISSIONS AT HOME TO DEFEND THE UNITED STATES, ITS POPULATION, AND ITS INFRASTRUCTURE FROM ATTACK. ADDITIONALLY, DOD PROVIDES DSCA WHEN CIVILIAN RESOURCES ARE OVERWHELMED OR WHEN CIVILIAN AGENCIES ARE FACED WITH CHALLENGES NECESSITATING THE UTILIZATION OF DOD'S UNIQUE CAPABILITIES. 3. REF (A) IS THE RECENTLY RELEASED DOD STRATEGY FOR HD AND CS THAT OUTLINES A DOD CONSTRUCT OF LEAD, SUPPORT AND ENABLE TO PERFORM HD AND DSCA MISSIONS. THE STRATEGY'S CONSTRUCT UNDERTAKES A RANGE OF ACTIVITIES TO SECURE THE UNITED STATES (GLOBAL COMMONS, FORWARD REGIONS, APPROACHES AND HOMELAND) FROM DIRECT ATTACK THAT ARE DIVIDED INTO THE FOLLOWING CATEGORIES: 3.A. LEAD. AT THE DIRECTION OF THE PRESIDENT OR SECRETARY OF DEFENSE (SECDEF), DOD EXECUTES MILITARY MISSIONS THAT DISSUADE, DETER, AND DEFEAT ATTACKS UPON THE UNITED STATES, ITS POPULATION, AND DOD CRITICAL INFRASTRUCTURE. 3.A.1. DOD PERFORMS THESE MISSIONS AS ELEMENTS OF HD, WHICH ARE DISTINCT FROM HOMELAND SECURITY ACTIVITIES PERFORMED BY OTHER GOVERNMENT DEPARTMENTS AND AGENCIES. EXAMPLES OF DOD HD MISSIONS INCLUDE DEFENDING US AIRSPACE AND DEPLOYING QUICK RESPONSE FORCES (QRF) TO PROTECT CRITICAL INFRASTRUCTURE. 3.A.2. THE MARINE CORPS CONTRIBUTES TO HD AS A TOTAL FORCE TRAINED AS THE NATION'S PREMIER EXPEDITIONARY COMBAT FORCE-IN-READINESS. THE MARINE CORPS PERFORMS HD BY OPERATING FROM FORWARD DEPLOYED LOCATIONS THROUGHOUT THE WORLD. WE EXPLOIT THE SPEED, FLEXIBILITY, AND AGILITY INHERENT IN OUR COMBINED-ARMS APPROACH TO DEFEAT TRADITIONAL, TERRORIST, AND EMERGING THREATS TO OUR NATION'S SECURITY. WHEN DIRECTED BY THE PRESIDENT OR SECDEF, THE MARINE CORPS USES ITS EXPEDITIONARY CAPABILITIES TO RAPIDLY RESPOND TO THREATS IN THE HOMELAND. EXAMPLES OF THE MARINE CORPS PERFORMING HD MISSIONS INCLUDE PROVIDING QRF'S, LEVERAGING FORWARD DEPLOYED INTELLIGENCE ASSETS AND OUR EFFORTS IN THE GLOBAL WAR ON TERRORISM. 3.B. SUPPORT. AT THE DIRECTION OF THE PRESIDENT OR SECDEF, DOD PROVIDES SUPPORT TO CIVIL AUTHORITIES. 3.B.1. THE SUPPORT PROVIDED BY JTF-KATRINA TO HURRICANE KATRINA RESPONSE AND RECOVERY OPERATIONS IS AN EXAMPLE OF HOW DOD PROVIDES DSCA. OTHER EXAMPLES INCLUDE INTELLIGENCE SUPPORT (I.E. IMAGERY AND GEOSPATIAL ANALYSIS) THROUGH THE USE OF DIRECT REACHBACK CAPABILITY TO MARINE CORPS INTELLIGENCE ACTIVITY, PROVIDING EXPLOSIVE ORDNANCE DETECTION DOGS IN SUPPORT OF THE UNITED STATES SECRET SERVICE FOR A NATIONAL SPECIAL SECURITY EVENT OR PROVIDING AVIATION AND INFANTRY UNITS FOR FIGHTING WILDLAND FIRES. 3.B.2. THE MARINE CORPS PROVIDES SUPPORT TO A LEAD FEDERAL AGENCY (LFA) AT THE DIRECTION OF THE PRESIDENT OR SECRETARY OF DEFENSE, BY USING OUR EXPEDITIONARY WARFIGHTING CAPABILITY TO RAPIDLY RESPOND TO A DOMESTIC INCIDENT IN SUPPORT OF CIVILIAN AUTHORITIES. THE DEPLOYMENT OF MARINE FORCES KATRINA (MARFOR-KATRINA) IN SUPPORT OF COMMANDER USNORTHCOM'S HUMANITARIAN ASSISTANCE/DISASTER RELIEF OPERATIONS IOT MITIGATE THE EFFECTS OF HURRICANE KATRINA AND TO ENSURE SECURITY OF CRITICAL INFRASTRUCTURE IS AN EXAMPLE OF MARINE CORPS PROVIDING DSCA. MARINE CORPS UNITS CAN ALSO PROVIDE DSCA UNDER THE DOD POLICY FOR IMMEDIATE RESPONSE AUTHORITY EXPLAINED FURTHER IN PARAGRAPH FIVE. 3.C. ENABLE. IN ORDER TO DEVELOP AND IMPROVE CIVILIAN CAPABILITIES IN HOMELAND SECURITY AND CONSEQUENCE MANAGEMENT, DOD SHARES EXPERTISE AND TECHNOLOGY, AS APPROPRIATE, ACROSS MILITARY AND CIVILIAN BOUNDARIES. 3.C.1. AN EXAMPLE OF DOD ENABLING CIVILIAN CAPABILITIES IS CONDUCTING TRAIN-THE-TRAINER COURSES TO ASSIST CIVILIAN ORGANIZATIONS IN DEVELOPING AND REFINING DELIBERATE PLANNING CAPABILITIES. 3.C.2. THE MARINE CORPS ENABLES CIVILIAN AGENCIES IN DEVELOPING THEIR CAPABILITIES FOR HS AND INCIDENT MANAGEMENT BY LENDING OUR EXPERTISE AND SHARING TECHNOLOGY. SPECIFICALLY, THE MARINE CORPS' CBIRF CONDUCTS TRAIN-THE-TRAINER OPERATIONS FOR CIVILIAN FIRST RESPONDERS AND OTHER GOVERNMENT AGENCY PARTNERS. ALSO, UNDER THE AUSPICES OF COMMANDER USNORTHCOM, THE MARINE CORPS PARTICIPATES IN TABLE-TOP TRAINING EXERCISES WITH THE OBJECTIVE OF DEVELOPING MUNICIPAL GOVERNMENTS' UNDERSTANDING OF DOD CAPABILITIES AND PROCEDURES FOR PROVIDING DSCA. 4. THERE ARE FOUR PRIMARY MECHANISMS BY WHICH DOD TAKES PART IN A FEDERAL RESPONSE TO A DOMESTIC INCIDENT. FEDERAL ASSISTANCE, INCLUDING ASSISTANCE FROM DOD, CAN BE PROVIDED: (1) AT THE DIRECTION OF THE PRESIDENT; (2) AT THE REQUEST OF ANOTHER FEDERAL AGENCY UNDER THE ECONOMY ACT, REF B; (3) IN RESPONSE TO A REQUEST FROM DHS'S FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOLLOWING A DECLARATION OF A NATIONAL DISASTER OR EMERGENCY UNDER THE STAFFORD ACT, REF C; OR (4) UNDER THE DOD IMMEDIATE RESPONSE AUTHORITY. 4.A. THE SECOND AND THIRD MECHANISMS ABOVE REQUIRE A REQUEST FOR ASSISTANCE (RFA) AND APPROVAL BY THE SECDEF. PRIOR TO BEING SUBMITTED FOR APPROVAL EACH RFA IS EVALUATED BY THE OFFICE OF THE SECRETARY OF DEFENSE (OSD) AND THE JOINT STAFF (JS) USING THE FOLLOWING SIX CRITERIA: (1) LEGALITY (IS THE REQUEST IN COMPLIANCE WITH THE LAW); (2) LETHALITY (WHAT IS THE POTENTIAL FOR THE USE OF LETHAL FORCE BY OR AGAINST DOD FORCES); (3) RISK (SAFETY OF DOD FORCES); (4) COST (WHO PAYS, IMPACT ON DOD BUDGET); (5) APPROPRIATENESS (WHETHER THE REQUESTED MISSION IS IN THE INTEREST OF THE DOD TO CONDUCT); AND (6) READINESS (IMPACT ON THE DOD'S ABILITY TO PERFORM ITS PRIMARY MISSION). 5. PER REF (D), IMMINENTLY SERIOUS CONDITIONS RESULTING FROM ANY CIVIL EMERGENCY OR ATTACK MAY REQUIRE IMMEDIATE ACTION BY MILITARY COMMANDERS, OR BY RESPONSIBLE OFFICIALS OF OTHER DOD AGENCIES, TO SAVE LIVES, PREVENT HUMAN SUFFERING, OR MITIGATE GREAT PROPERTY DAMAGE. WHEN SUCH CONDITIONS EXIST AND TIME DOES NOT PERMIT PRIOR APPROVAL FROM HIGHER HEADQUARTERS, LOCAL MILITARY COMMANDERS AND RESPONSIBLE OFFICIALS OF OTHER DOD COMPONENTS ARE AUTHORIZED TO TAKE NECESSARY ACTION TO RESPOND TO REQUESTS FROM CIVIL AUTHORITIES. SUCH ACTIONS ARE REFERRED TO AS IMMEDIATE RESPONSE. PER REF E, THE MILITARY COMMANDER, OR RESPONSIBLE OFFICIAL OF A DOD COMPONENT OR AGENCY RENDERING SUCH ASSISTANCE SHALL REPORT THE REQUEST, THE NATURE OF THE RESPONSE, AND ANY OTHER PERTINENT INFORMATION THROUGH THE CHAIN OF COMMAND TO THE NATIONAL MILITARY COMMAND CENTER (NMCC). REF D ALSO DIRECTS THAT EACH LEVEL IN THE CHAIN OF COMMAND WILL MAKE EXPEDITIOUS NOTIFICATION TO THE NEXT HIGHER COMMAND IN ORDER TO NOTIFY THE NMCC WITHIN A FEW HOURS OF THE DECISION TO PROVIDE IMMEDIATE RESPONSE. 5.A. THE INITIATIVE OF COMPANY A, 4TH ASSAULT AMPHIBIAN BATTALION DEPLOYING IN THE IMMEDIATE AFTERMATH OF HURRICANE KATRINA IN SUPPORT OF THE LOCAL COMMUNITY TO RESCUE VICTIMS OF THE HURRICANE IS AN EXAMPLE OF RESPONDING UNDER IMMEDIATE RESPONSE AUTHORITY. 5.A.1. MARINE CORPS COMMANDERS RENDERING ASSISTANCE UNDER IMMEDIATE RESPONSE AUTHORITY WILL INFORM VIA THE CHAIN OF COMMAND THE MARINE CORPS OPERATIONS CENTER WHICH WILL IN TURN INFORM THE NMCC. 5.A.2. AN ADDITIONAL CONSIDERATION FOR COMMANDERS WHEN EVALUATING A RFA FROM CIVILIAN AUTHORITIES UNDER IMMEDIATE RESPONSE AUTHORITY IS THAT, PER REFS (F) AND (G), ACTIVE DUTY MILITARY FORCES WILL NOT SUPPORT DOMESTIC CIVILIAN AUTHORITIES BY ENGAGING IN DIRECT LAW ENFORCEMENT ACTIVITIES (SEARCH, SEIZURE AND ARREST, OR OTHER SIMILIAR LAW ENFORCEMENT ACTIVITY) NOR WILL MILITARY EQUIPMENT THAT HAS A POTENTIAL FOR LETHALITY BE LOANED TO CIVILIAN AUTHORITIES WITHOUT APPROVAL OF THE SECDEF. ALL REQUESTS FOR INTELLIGENCE SUPPORT WILL BE IN ACCORDANCE WITH EXISTING INTELLIGENCE OVERSIGHT REGULATIONS AND PUBLIC LAWS. 6. PRIOR TO PEFORMING A DSCA MISSION, COMMANDERS AND THEIR MARINES MUST KNOW THE STANDING RULES FOR THE USE OF FORCE (SRUF) WHICH GOVERN THE ACTIONS TO BE TAKEN BY COMMANDERS AND THEIR MARINES DURING ALL DSCA MISSIONS OCCURRING WITHIN US TERRITORY OR US TERRITORIAL SEAS. REFS (H) AND (I) SPECIFICALLY GOVERN THE USE OF DEADLY FORCE AND THE CARRYING OF FIREARMS BY DOD PERSONNEL ENGAGED IN LAW ENFORCEMENT AND SECURITY DUTIES. REF (I) ESTABLISHES THE BASELINE SRUF GOVERNING THE ACTIONS TAKEN BY DOD FORCES PERFORMING DSCA MISSIONS AND AT/FP MISSIONS WITHIN THE UNITED STATES TERRITORY. 6.A. PER REFERENCE (I) UNIT COMMANDERS ALWAYS RETAIN THE INHERENT RIGHT AND OBLIGATION TO EXERCISE UNIT SELF-DEFENSE IN RESPONSE TO A HOSTILE ACT OR DEMONSTRATED HOSTILE INTENT. UNIT SELF-DEFENSE INCLUDES THE DEFENSE OF OTHER DOD FORCES IN THE VICINITY. 6.B. GIVEN THE NATURE OF HD AND DSCA, SRUF ARE GENERALLY MORE RESTRICTIVE THAN RULES OF ENGAGEMENT (ROE) UTILIZED DURING COMBAT OPERATIONS. NORMALLY, FORCE IS TO BE USED ONLY AS A LAST RESORT, AND THE FORCE USED SHOULD BE THE MINIMUM NECESSARY. COMMANDERS SHOULD CONSULT WITH THEIR SJA WHEN DEVELOPING AND PROVIDING SRUF TRAINING. 6.C. COMBATANT COMMANDERS MAY RESTRICT OR AUGMENT THE SRUF AS NECESSARY BY SUBMITTING REQUESTS FOR MISSION-SPECIFIC RUF TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF (CJCS) FOR SECDEF APPROVAL. 6.D. IT IS IMPERATIVE DOD FORCES OPERATING IN COORDINATION WITH LEAD FEDERAL AGENCY (LFA) SECURITY FORCES COORDINATE WITH ON-SCENE LFA PERSONNEL TO ENSURE COMMON UNDERSTANDING OF DOD SRUF. 7. AN IMPORTANT TENET OF DSCA IS THAT ALTHOUGH DOD IS IN THE SUPPORTING ROLE, AT NO TIME DOES THE SUPPORTED AGENCY EXERCISE ANY COMMAND AND CONTROL OVER DOD FORCES. ONCE DOD RESOURCES ARE EMPLOYED IN SUPPORT OF DOMESTIC CIVIL AUTHORITIES, THOSE RESOURCES ARE PLACED UNDER THE OPERATIONAL, OR TACTICAL, CONTROL OF THE SUPPORTED GEOGRAPHIC COMBATANT COMMANDER, EITHER CDRUSNORTHCOM OR CDRUSPACOM. 8. THE NATIONAL RESPONSE PLAN (NRP), REF (J), IS BUILT ON THE TEMPLATE OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS), REF (K), WHICH PROVIDES A CONSISTENT DOCTRINAL FRAMEWORK FOR INCIDENT MANAGEMENT AT ALL JURISDICTIONAL LEVELS, REGARDLESS OF THE CAUSE, SIZE, OR COMPLEXITY OF THE INCIDENT. THE PURPOSE OF THE NRP IS TO ALIGN FEDERAL COORDINATION STRUCTURES, CAPABILITIES, AND RESOURCES INTO A UNIFIED, ALL DISCIPLINE, AND ALL-HAZARDS APPROACH TO DOMESTIC INCIDENT MANAGMENT. THIS APPROACH IS UNIQUE AND FAR REACHING IN THAT IT IS AN EFFORT TO ELIMINATE CRITICAL SEAMS AND TIE TOGETHER THE COMPLETE SPECTRUM OF INCIDENT MANAGEMENT ACTIVITIES TO INCLUDE THE PREVENTION OF, PREPAREDNESS FOR, RERSPONSE TO, AND RECOVERY FROM TERRORISM, MAJOR NATURAL DISASTERS, AND OTHER MAJOR EMERGENCIES. AN INTEGRAL PART OF NIMS IS THE INCIDENT COMMAND SYSTEM (ICS), THE CIVILIAN FIRST RESPONDER CONSTRUCT FOR STAFF FUNCTIONS DURING A RESPONSE TO A DOMESTIC INCIDENT. 9. AS PART OF DOD IMPLEMENTATION OF THE NRP AND NIMS, REF L DIRECTS THAT DOD INSTALLATIONS ADOPT AND IMPLEMENT PROCEDURES CONSISTENT WITH THE NIMS AND ICS FOR INCIDENT MANAGEMENT AT ALL DOD DOMESTIC INSTALLATIONS IN ORDER TO COMPLY WITH REF M. DIRECTION REGARDING THE IMPLEMENTATION OF THE NRP AND NIMS AT MARINE CORPS INSTALLATIONS WILL BE PROMULGATED AT A LATER DATE. IN THE INTERIM, AN INTRODUCTORY COURSE ON THE NRP AND NIMS IS OFFERED BY THE FEMA INDEPENDENT STUDY PROGRAM: IS-800 COURSE, NATIONAL RESPONSE PLAN (NRP) AN INTRODUCTION, AND CAN BE FOUND ON-LINE AT HTTP:TRAINING.FEMA.GOV/EMIWEN/IS/IS800.ASP. 10. UNCLASSIFIED REFERENCES CONTAINED IN THIS MARADMIN ARE AVAILABLE ON THE MARINE CORPS UNCLASSIFIED WEBSITE AND MAY BE ACCESSED BY CLICKING THE FOLLOWING BUTTONS IN ORDER: HEADQUARTERS MARINE CORPS; PLANS, POLICIES AND OPERATIONS; SECURITY DIVISION; HOMELAND DEFENSE BRANCH (PSH); HD/CS SECTION; REFERENCES. ADDITIONALLY, HQMC POC CAN PROVIDE BRIEFINGS ON HD AND DSCA. 11. HQMC POINT OF CONTACT FOR THIS MESSAGE, AND FOR HD AND DSCA POLICY ISSUES IS MAJ DAN MCGOUGH, PPO (PS), DSN 222-4243, COMM (703) 692-4243 AND E-MAIL MCGOUGHDJ@HQMC.USMC.MIL.