1 February 1998
Source: http://www.access.gpo.gov/nara/cfr/index.html

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[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR185]

[Page 861-872]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 185--MILITARY SUPPORT TO CIVIL AUTHORITIES (MSCA)

Sec.
185.1  Purpose.
185.2  Applicability and scope.
185.3  Definitions.
185.4  Policy.
185.5  Responsibilities.
185.6  Information requirements.

    Authority: 50 U.S.C. 2251, as amended; E.O. 12148, 3 CFR 1979 Comp. 
p. 412.

    Source: 58 FR 52667, Oct. 12, 1993, unless otherwise noted.

Sec. 185.1  Purpose.

    This part:
    (a) Consolidates all policy and responsibilities previously known as 
``Military Assistance to Civil Authorities (MACA),'' applicable to 
disaster-related civil emergencies within the United States, its 
territories, and possessions under DoD Directive 3025.1 \1\ with those 
related to attacks on the United States, which previously were known as 
``Military Support to Civil Defense (MSCD)'' under DoD Directive 
3025.10.\2\
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    \1\ The May 23, 1980 edition of this Directive has been canceled by 
DoD Directive 3025.1 dated January 15, 1993.
    \2\ Canceled by DoD Directive 3025.1, dated January 15, 1993.
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    (b) Provides for continuation of the DoD Regional Military Emergency 
Coordinator (RMEC) teams, previously developed under DoD Directive 
5030.45 \3\, to facilitate peacetime planning for MSCA and to provide 
trained teams of DoD liaison personnel to represent essential DoD 
Components, as appropriate, for response to any national security 
emergency.
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    \3\ See footnote 2 to Sec. 185.1(a).
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    (c) Constitutes a single system for MSCA, by which DoD Components 
(as defined in Sec. 185.2) shall plan for, and respond to, requests from 
civil government agencies for military support in dealing with the 
actual or anticipated consequences of civil emergencies requiring 
Federal response, or attacks, including national security emergencies as 
defined in E.O. 12656, 53 FR 47491, 3 CFR 1988 Comp., p. 585.
    (d) States the policy and responsibilities by which the Department 
of Defense responds to major disasters or emergencies in accordance with 
the Stafford Act, as amended, and supports the national civil defense 
policy and Federal or State civil defense programs, in cooperation with 
the Federal Emergency Management Agency (FEMA), under the authority of 
The Federal Civil Defense Act of 1950.
    (e) Designates the Secretary of the Army as the DoD Executive Agent 
for MSCA.
    (f) Authorizes the publication of DoD 3025.1-M, ``DoD Manual for 
Civil Emergencies,'' consistent with DoD 5025.1-M.\4\
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    \4\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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Sec. 185.2  Applicability and scope.

    This part:
    (a) Applies to the Office of the Secretary of Defense, the Military 
Departments, the Chairman of the Joint Chiefs of Staff and the Joint 
Staff, the Unified and Specified Commands, the Inspector General of the 
Department of Defense, the Defense Agencies, and the DoD Field 
Activities (hereafter referred to collectively as ``the DoD 
Components''). The term ``Military Services,'' as used herein, refers to 
the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard 
(when it is operating, or planning for operations, as a Service in the 
Navy).
    (b) Shall govern MSCA activities of all DoD Components in the 50 
States, the District of Columbia, the Commonwealth of Puerto Rico, and 
U.S. territories and possessions.
    (c) Does not apply to foreign disasters covered by DoD Directive 
5100.46.
    (d) Focuses on the assignment and allocation of DoD resources to 
support civilian authorities during civil emergencies arising during 
peace, war, or transition to war.
    (e) Does not integrate contingency war planning as a subelement of 
MSCA,

[[Page 862]]

and does not relieve the Chairman of the Joint Chiefs of Staff of his 
authority to supervise contingency planning.
    (f) Does not include military support to civil law enforcement. (See 
Sec. 185.4(b).)

Sec. 185.3  Definitions.

    Attack. Any attack or series of attacks by an enemy of the United 
States causing, or that may cause, substantial damage or injury to 
civilian property or persons in the United States (or its territories) 
in any manner, by sabotage or by the use of bombs, shellfire, or 
nuclear, radiological, chemical, bacteriological, or biological means, 
or other weapons or processes (Federal Civil Defense Act of 1950).
    Civil defense. All those activities and measures designed or 
undertaken to:
    (1) Minimize the effects upon the civilian population caused, or 
that would be caused, by an attack upon the United States or by a 
natural or technological disaster;
    (2) Deal with the immediate emergency conditions that would be 
created by any such attack or natural or technological disaster; and
    (3) Effectuate emergency repairs to, or the emergency restoration 
of, vital utilities and facilities destroyed or damaged by any such 
attack or natural or technological disaster.
    Civil disturbances. Group acts of violence and disorders prejudicial 
to public law and order within the 50 States, District of Columbia, 
Commonwealth of Puerto Rico, U.S. possessions and territories, or any 
political subdivision thereof. The term civil disturbance includes all 
domestic conditions requiring the use of Federal Armed Forces, as more 
specifically defined in DoD Directive 3025.12.\5\
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    \5\ See footnote 4 to Sec. 185.1(f).
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    Civil emergency. Any natural or manmade disaster or emergency that 
causes or could cause substantial harm to the population or 
infrastructure. This term can include a ``major disaster'' or 
``emergency,'' as those terms are defined in the Stafford Act, as 
amended, as well as consequences of an attack or a national security 
emergency. Under 42 U.S.C. 5121, the terms ``major disaster'' and 
``emergency'' are defined substantially by action of the President in 
declaring that extant circumstances and risks justify his implementation 
of the legal powers provided by those statutes.
    Civil emergency preparedness. The non-military actions taken by 
Federal agencies, the private sector, and individual citizens to meet 
essential human needs, to support the military effort, to ensure 
continuity of Federal authority at national and regional levels, and to 
ensure survival as a free and independent nation under all emergency 
conditions, including a national emergency caused by threatened or 
actual attack on the United States.
    Civil government resources. Civil resources owned by, controlled by, 
or under the jurisdiction of civilian agencies of the U.S. Government, 
or of State and local government agencies.
    Civil resources. Resources that normally are not controlled by the 
Government, including workforce, food and water, health resources, 
industrial production, housing and construction, telecommunications, 
energy, transportation, minerals, materials, supplies, and other 
essential resources and services. Such resources cannot be ordered to 
support needs of the public except by competent civil government 
authority.
    Continental United States Airborne Reconnaissance for Damage 
Assessment (CARDA). A system of aerial reconnaissance of the Continental 
United States for determining the effects of a nuclear attack. CARDA 
integrates the combined resources of all government agencies and 
Military Services for the National Command Authority.
    Defense Coordinating Officer (DCO). A military or civilian official 
of any DoD Component, who has been designated by the DoD Executive Agent 
to exercise some delegated authority of the DoD Executive Agency to 
coordinate MSCA activities under this Directive. The authority of each 
DCO will be defined in documentation issued or authorized by the DoD 
Executive Agent, and will be limited either to the requirements of a 
specified interagency planning process or to a specified geographic area 
or emergency. (The DoD

[[Page 863]]

Executive Agent also may delegate authority to designate DCOs to any DoD 
Planning Agent specified in this part.)
    Defense Emergency Response Fund. Established by Pub. L. 101-165 
(1989). That law provides that, ``The Fund shall be available for 
providing reimbursement to currently applicable appropriations of the 
Department of Defense for supplies and services provided in anticipation 
of requests from other Federal departments and agencies and from State 
and local governments for assistance on a reimbursable basis to respond 
to natural or manmade disasters. The Fund may be used upon a 
determination by the Secretary of Defense that immediate action is 
necessary before a formal request for assistance on a reimbursable basis 
is received.'' The Fund is applicable to Foreign Disaster Assistance 
under DoD Directive 5100.46 \6\ and to MSCA under the authority of this 
part.
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    \6\ See footnote 4 to Sec. 185.1(f).
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    DoD executive agent. The individual designated by position to have 
and to exercise the assigned responsibility and delegated authority of 
the Secretary of Defense, as specified in this part.
    DoD planning agent. An individual designated by position to 
facilitate and coordinate MSCA contingency planning (and MSCA operations 
when ordered) by all DoD Components within an assigned geographic area 
in accordance with the requirements of this part.
    DoD resources. Military and civilian personnel, including Selected 
and Ready Reservists of the Military Services, and facilities, 
equipment, supplies, and services owned by, controlled by, or under the 
jurisdiction of a DoD Component.
    Federal function. Any function, operation, or action carried out 
under the laws of the United States by any department, agency, or 
instrumentality of the United States, or by an officer or employee 
thereof.
    Federal property. Property that is owned, leased, possessed, or 
occupied by the Federal Government.
    Federal Region. A grouping of States and territories of the United 
States, by which FEMA coordinates responsibilities of the State 
governments with those of Federal departments and agencies, for disaster 
relief, civil defense, and planning for both civil and national security 
emergencies. These regions are sometimes referred to as ``FEMA Regions'' 
to distinguish them from any one of the various regional alignments of 
other Federal Departments and Agencies, all of which are circumscribed 
by FEMA's coordination authority. Today, there are ten Federal Regions, 
but the term is used generally to facilitate MSCA regardless of the 
number of Federal Regions at any time.
    Federal response plan. The inter-departmental planning mechanism, 
developed under FEMA leadership, by which the Federal Government 
prepares for and responds to the consequences of catastrophic disasters. 
Federal planning and response are coordinated on a functional group 
basis, with designated lead and support agencies for each identified 
functional area.
    Immediate response. Any form of immediate action taken by a DoD 
Component or military commander, under the authority of this part and 
any supplemental guidance prescribed by the Head of a DoD Component, to 
assist civil authorities or the public to save lives, prevent human 
suffering, or mitigate great property damage under imminently serious 
conditions occurring where there has not been any declaration of major 
disaster or emergency by the President or attack.
    Imminently serious conditions. Emergency conditions in which, in the 
judgment of the military commander or responsible DoD official, 
immediate and possibly serious danger threatens the public and prompt 
action is needed to save lives, prevent human suffering, or mitigate 
great property damage. Under these conditions, timely prior approval 
from higher headquarters may not be possible before action is necessary 
for effective response.
    Military resources. Military and civilian personnel, facilities, 
equipment, and supplies under the control of a DoD Component.
    Military Support to Civil Authorities (MSCA). Those activities and 
measures

[[Page 864]]

taken by the DoD Components to foster mutual assistance and support 
between the Department of Defense and any civil government agency in 
planning or preparedness for, or in the application of resources for 
response to, the consequences of civil emergencies or attacks, including 
national security emergencies.
    National Disaster Medical System (NDMS). An inter-departmental 
national mutual aid system developed by Federal departments and agencies 
to provide for the medical needs of victims of major disasters, and to 
provide backup support for medical systems of the Departments of Defense 
and Veterans Affairs in caring for casualties from military conflicts. 
The Department of Health and Human Services serves as the lead Federal 
agency for administering NDMS, and would coordinate NDMS operations in 
response to civil emergencies. The Department of Defense could activate 
and coordinate NDMS operations in support of military contingencies.
    National security emergency. Any occurrence, including natural 
disaster, military attack, technological emergency, or other emergency, 
that seriously degrades or seriously threatens the national security of 
the United States (E.O. 12656).
    Planning agent. A military or civilian official of any DoD 
Component, who has been designated by the head of that Component to 
exercise delegated authority for MSCA planning for the entire Component 
(i.e., ``principal planning agent'') or for certain subordinate elements 
or a specified geographic area (e.g., ``regional planning agents''). 
Authority and responsibilities of each planning agent will be defined by 
the Component, and may include MSCA response as well as planning at the 
election of any Component. The actual authority of planning agents will 
be communicated to others, as determined by the DoD Component, or when 
requested by the DoD Executive Agent.
    Regional Military Emergency Coordinator (RMEC). An individual, 
designated on behalf of the Secretary of Defense and the DoD Executive 
Agent, to perform coordination, information exchange, and liaison 
functions on behalf of the Department of Defense with any Federal 
emergency management structure established at the Region level. 
Alternate RMECs are designated by other DoD Components, as required, in 
accordance with this part; and the RMECs and alternates collectively are 
referred to as ``RMEC Teams.''
    Residual Capability Assessment (RECA). An assessment of the effects 
of a nuclear or conventional attack on U.S. resources, or of a major 
peacetime disaster that results in the declaration of a national 
security emergency. Such an assessment is made (through all appropriate 
means) to determine the remaining capabilities of the United States with 
emphasis on military preparedness.
    Resource claimancy. The procedure, employed during any period of 
attack or national security emergency, whereby authorized Federal 
agencies determine definitive requirements and justify the allocation of 
civil government and civil resources needed to support programs under 
their cognizance. It does not imply procurement activity, nor does it 
involve the Government as an intermediary in the normal mechanisms of 
trade other than in expediting essential activities and ensuring 
equitable distribution of civil resources. Resource claimancy occurs at 
both the national and regional levels.
    State Area Commands (STARCs). Specific headquarters units of the 
Army National Guard for each State, the District of Columbia, Guam, 
Puerto Rico, and the Virgin Islands.

Sec. 185.4   Policy.

    (a) National policy. (1) Planning and preparedness by the Federal 
Government for civil emergencies and attacks are important due to the 
severity of the consequences of emergencies for the nation and the 
population, and to the sophistication of means of attack on the United 
States and its territories.
    (2) Under the Stafford Act, as amended, it is the policy of the 
Federal Government to provide an orderly and continuing means of 
supplemental assistance to State and local governments in their 
responsibilities to alleviate the suffering and damage that result from 
major disasters or emergencies. Upon

[[Page 865]]

declaring a major disaster or emergency under the Stafford Act, the 
President may direct any agency of the Federal Government to undertake 
missions and tasks (on either a reimbursable or non-reimbursable basis) 
to provide assistance to State and local agencies. The President 
appoints a Federal Coordinating Officer (FCO) to operate in the affected 
area, and delegates authority to the FCO. The President has delegated to 
the Director of FEMA the authority to appoint FCOs; and FEMA officials 
frequently serve as FCOs.
    (3) In accordance with the Federal Civil Defense Act of 1950, as 
amended, the national civil defense policy is to have a civil defense 
program to develop capabilities common to all catastrophic emergencies 
and those unique to attack emergencies, which will support all-hazard 
emergency management at State and local levels, in order to protect the 
population and vital infrastructure. Under the national civil defense 
policy, the Department of Defense will support civil authorities in 
civil defense, to include facilitating the use of the National Guard in 
each State for response in both peacetime disasters and national 
security emergencies.
    (4) Under E.O. 12656, it is the policy of the Federal Government to 
have sufficient capabilities at all levels of government to meet 
essential defense and civilian needs during any national security 
emergency.
    (b) Scope. This part governs all planning and response by DoD 
Components for civil defense or other assistance to civil authorities, 
with the exception of military support to law enforcement operations 
under DoD Directive 3025.12 and contingency war plans.
    (c) Delegations of authority. The Secretary of Defense shall be 
assisted in executing his responsibility for MSCA by the following:
    (1) The Secretary of the Army shall be the DoD Executive Agent and 
shall act for the Secretary of Defense in accordance with this part and 
any supplemental direction or guidance received from the Secretary of 
Defense. In that capacity, the DoD Executive Agent will develop planning 
guidance, plans, and procedures for MSCA in accordance with this part. 
The DoD Executive Agent has the authority of the Secretary of Defense to 
task the DoD Components to plan for and to commit DoD resources, in 
response to requests from civil authorities under MSCA. The Secretary of 
the Army shall coordinate with the Chairman of the Joint Chiefs of Staff 
any commitment of military forces assigned to the Unified and Specified 
Commands.
    (2) The Chairman of the Joint Chiefs of Staff shall communicate to 
the Commanders of the Unified and Specified Commands appropriate 
guidance issued by the Secretary of the Army for their compliance with 
this part, and also shall assist the DoD Executive Agent in developing 
MSCA planning guidance for all conditions of war or attacks on the 
United States or its territories.
    (3) The Commander in Chief, Forces Command (CINCFOR); the Commander 
in Chief, U.S. Atlantic Command (USCINCLANT); and the Commander in 
Chief, U.S. Pacific Command (USCINCPAC), shall serve as ``DoD Planning 
Agents'' for MSCA. Pursuant to guidance issued by the DoD Executive 
Agent, after coordination with the Chairman of the Joint Chiefs of 
Staff, the DoD Planning Agents shall conduct MSCA planning, and shall 
lead MSCA planning activities of all DoD Components within the following 
geographic areas:
    (i) CINCFOR (48 contiguous States and the District of Columbia).
    (ii) USCINCLANT (Puerto Rico and the U.S. Virgin Islands).
    (iii) USCINCPAC (Alaska, Hawaii, and U.S. possessions and 
territories in the Pacific area).
    (4) The Commanders of the Unified and Specified Commands shall 
provide MSCA response, as directed by the DoD Executive Agent.
    (5) The Secretary of Defense reserves the authority to modify or 
terminate the executive agency established by this part if operational 
needs so require in a particular situation.
    (d) MSCA policy.
    (1) MSCA shall include (but not be limited to) support similar to 
that described for immediate response (paragraph (e) of this section), 
in either civil emergencies or attacks, during any period of peace, war, 
or transition to war.

[[Page 866]]

It shall include response to civil defense agencies, but shall not 
include military assistance for civil law enforcement operations.
    (i) DoD Directive 3025.12 governs use of military resources in the 
event of civil disturbances, which may include providing physical 
security for DoD Key Assets, as defined in DoD Directive 5160.54.\7\
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    \7\ See footnote 4 to Sec. 185.1(f).
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    (ii) Material, logistic, communications, and other assistance to law 
enforcement (especially during enforcement operations) is provided under 
DoD Directive 5525.5\8\
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    \8\ See footnote 4 to Sec. 185.1(f).
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    (2) The DoD Components shall respond to requirements of the DoD 
Executive Agent and DoD Planning Agents for MSCA, as authorized by this 
part.
    (3) To ensure sound management of DoD resources, MSCA planning will 
stress centralized direction of peacetime planning with civil 
authorities, with decentralized planning by DoD Components with civil 
agencies, where appropriate, and decentralized execution of approved 
plans in time of emergency.
    (4) Subject to priorities established by the President or the 
Secretary of Defense, all DoD resources are potentially available for 
MSCA. MSCA planning and execution will encourage and adhere to the 
following premises:
    (i) That civil resources are applied first in meeting requirements 
of civil authorities.
    (ii) That DoD resources are provided only when response or recovery 
requirements are beyond the capabilities of civil authorities (as 
determined by FEMA or another lead Federal agency for emergency 
response).
    (iii) That specialized DoD capabilities requested for MSCA (e.g., 
airlift and airborne reconnaissance) are used efficiently.
    (iv) Generally, military operations other than MSCA will have 
priority over MSCA, unless otherwise directed by the Secretary of 
Defense.
    (5) MSCA shall provide a mechanism to facilitate continuous and 
cooperative civil and military planning and preparedness to mobilize all 
appropriate resources and capabilities of the civil sector and the 
Department of Defense, whenever required for any form of national 
security emergency.
    (6) DoD planning shall recognize that:
    (i) Army and Air National Guard forces, acting under State orders 
(i.e., not in Federal service), have primary responsibility for 
providing military assistance to State and local government agencies in 
civil emergencies.
    (ii) The Army National Guard State Area Command (STARC), when 
ordered to Federal Active Duty, will be the DoD focal point for delivery 
of MSCA at State and local levels in time of war.
    (iii) Plans and preparedness measures of MSCA must foster close and 
continuous coordination for efficient employment of DoD resources of the 
National Guard (whether employed under State or Federal authority), as 
well as resources of the DoD Components, in time of peace, war, or 
transition to war.
    (iv) In the event of an attack on the United States, its 
territories, or possessions, the scope of MSCA in each geographical area 
will depend upon the commitment of military resources to military 
operations, the extent of damage sustained by the civilian communities, 
and the status of Active and Reserve Component forces.
    (7) DoD Components shall augment staffs responsible for MSCA, as 
appropriate, with personnel from Reserve components of all Military 
Services who are specifically trained for civil-military planning and 
emergency liaison duties. (See enclosure 3 in DoD Directive 1215.6.) \9\ 
The Military Services also shall ensure that all Active or Reserve 
component military personnel assigned or attached to FEMA are 
appropriately trained and employed to enhance DoD capabilities for MSCA 
in time of war or attack on the United States or its territories.
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    \9\ See footnote 4 to Sec. 185.1(f).
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    (8) The DoD Components ordinarily shall provide DoD resources in 
response to civil emergencies on a cost reimbursable basis. However, see 
paragraph (e)(2) of this section for circumstances in which an inability 
or unwillingness

[[Page 867]]

of a requester to commit to reimbursement will not preclude action by 
DoD components.
    (i) The DoD Components shall comply with legal and accounting 
requirements for the loan, grant, or consumption of DoD resources for 
MSCA, as necessary, to ensure reimbursement of costs to the DoD 
Components under the Stafford Act, as amended; the Defense Emergency 
Response Fund established by Public Law 101-165 (1989); or other 
applicable authority.
    (ii) The DoD Components shall not procure or maintain any supplies, 
material, or equipment exclusively for providing MSCA in civil 
emergencies, unless otherwise directed by the Secretary of Defense.
    (iii) Planning for MSCA during any time of attack on the United 
States shall assume that financial requirements will be met through 
appropriate legal processes.
    (9) Military forces employed in MSCA activities shall remain under 
military command and control under the authority of the DoD Executive 
Agent at all times.
    (10) The DoD Components shall not perform any function of civil 
government unless absolutely necessary on a temporary basis under 
conditions of Immediate Response. Any commander who is directed, or 
undertakes, to perform such functions shall facilitate the 
reestablishment of civil responsibility at the earliest time possible.
    (e) Immediate Response. (1) 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 by this 
part, subject to any supplemental direction that may be provided by 
their DoD component, to take necessary action to respond to requests of 
civil authorities. All such necessary action is referred to in this part 
as ``Immediate Response.''
    (2) While Immediate Response should be provided to civil agencies on 
a cost-reimbursable basis if possible, it should not be delayed or 
denied because of the inability or unwillingness of the requester to 
make a commitment to reimburse the Department of Defense.
    (3) Any commander or official acting under the Immediate Response 
authority of this Directive shall advise the DoD Executive Agent through 
command channels, by the most expeditious means available, and shall 
seek approval or additional authorizations as needed.
    (4) Immediate Response may include DoD assistance to civil agencies 
in meeting the following types of need:
    (i) Rescue, evacuation, and emergency medical treatment of 
casualties, maintenance or restoration of emergency medical 
capabilities, and safeguarding the public health.
    (ii) Emergency restoration of essential public services (including 
fire-fighting, water, communications, transportation, power, and fuel).
    (iii) Emergency clearance of debris, rubble, and explosive ordnance 
from public facilities and other areas to permit rescue or movement of 
people and restoration of essential services.
    (iv) Recovery, identification, registration, and disposal of the 
dead.
    (v) Monitoring and decontaminating radiological, chemical, and 
biological effects; controlling contaminated areas; and reporting 
through national warning and hazard control systems.
    (vi) Roadway movement control and planning.
    (vii) Safeguarding, collecting, and distributing food, essential 
supplies, and material on the basis of critical priorities.
    (viii) Damage assessment.
    (ix) Interim emergency communications.
    (x) Facilitating the reestablishment of civil government functions.
    (f) Military cooperation with civil agencies. (1) Under E.O. 12148 
(44 FR 43239, 3 CFR 1979 Comp., p. 412) and E.O. 12656, FEMA is 
responsible for coordinating Federal plans and programs for response to 
civil emergencies at the national and regional levels, and for Federal 
assistance to the States in civil

[[Page 868]]

emergencies. Other Federal departments and agencies have specific 
responsibilities for emergency planning and response under E.O. 12656, 
and under statutory authorities not listed in this part. The DoD 
Executive Agent shall ensure:
    (i) Coordination of MSCA plans and procedures with FEMA, and with 
other civil agencies as appropriate, at the national and Federal Region 
level.
    (ii) Facilitation of direct planning for MSCA by DoD facilities and 
installations with their local communities, and with their respective 
STARCs, as appropriate.
    (2) The DoD Executive Agent also shall provide appropriate guidance 
to facilitate MSCA planning and response with the American Red Cross and 
other civilian disaster and emergency assistance organizations where 
authorized by law.
    (g) Response under other authorities. DoD response to emergencies 
under authorities not cited in this Directive also may be directed, 
coordinated, or supplemented by the DoD Executive Agent, as 
circumstances require. For example:
    (1) The U.S. Coast Guard (USCG) or the U.S. Environmental Protection 
Agency (EPA) will coordinate Federal response to oil or hazardous 
material spills, other than those occurring within DoD jurisdictions. 
The DoD Executive Agent will provide MSCA to the USCG or the EPA; but 
responsibilities of DoD Components in areas under DoD jurisdiction are 
covered by DoD Directive 5030.41 \10\.
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    \10\ See footnote 4 to Sec. 185.1(f).
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    (2) Emergencies or other incidents involving radiological materials 
shall be handled in accordance with DoD Directive 5100.52 \11\.
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    \11\ See footnote 4 to Sec. 185.1(f).
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    (3) The Secretary of the Army shall ensure the implementation of DoD 
responsibilities for emergency water requirements, as specified in E.O. 
12656, and response to flooding, as provided in Public Law 84-99 (1941), 
as amended.
    (4) Forest fire emergencies are responsibilities of the U.S. 
Department of Agriculture or Interior. The Boise Interagency Fire Center 
(BIFC) may request DoD assistance; and specific details regarding DoD 
support are covered by agreements between the Department of Defense and 
the BIFC that are administered by the DoD Executive Agent.
    (5) The DoD Executive Agent is delegated the authority to direct DoD 
Components in planning for and responding to any civil emergency that 
may arise out of any mass immigration by aliens into the land territory 
of the United States, its territories and possessions, consistent with 
applicable law and this part. The DoD Executive Agent should ensure 
appropriate coordination with Federal law enforcement authorities in 
exercising this authority.
    (6) Use of DoD transportation resources in response to a non-
declared civil emergency shall be directed by the DoD Executive Agent 
under this part. (See also DoD Directive 4500.9 \12\
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    \12\ See footnote 4 to Sec. 185.1(f).
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    (h) Non-declared emergencies. The DoD Executive Agent may direct DoD 
Components to respond to any emergency, based on authority that is 
provided by this part or obtained from the Secretary or Deputy Secretary 
of Defense. If an emergency of any kind or size requires a response on 
behalf of the Department of Defense, where there has not been any 
declaration of major disaster or emergency by the President, or if 
reimbursement of funds to the Department of Defense is otherwise not 
certain, the DoD Executive Agent shall ascertain the authority necessary 
to commit DoD resources for response to requests from civil authorities.
    (1) Authorizations by the DoD Executive Agent under this paragraph 
shall include (but not be limited to) commitment of funds from the 
Defense Emergency Response Fund in anticipation of reimbursements to 
that fund.
    (2) The DoD Executive Agent shall obtain authorization from the 
Secretary of Defense or Deputy Secretary of Defense to provide support 
in those cases in which DoD response is not clearly required by Federal 
law or by DoD plans approved by the DoD Executive Agent.
    (i) Emergency priorities. When guidance cannot be obtained from 
higher headquarters on a timely basis, due to

[[Page 869]]

attack on the United States or other emergency circumstances, the DoD 
Components should apply DoD resources to MSCA in the following order of 
priority:
    (1) To save human life and mitigate human suffering, and to protect 
essential U.S. Government capabilities, including:
    (i) Continuity of the U.S. Government.
    (ii) Protection of U.S. Government officials.
    (iii) Prevention of loss or destruction to Federal property.
    (iv) Restoration of essential Federal functions.
    (2) To preserve or restore services of State and local government.

Sec. 185.5  Responsibilities.

    (a) The Under Secretary of Defense For Policy shall:
    (1) Exercise policy oversight of MSCA for the Secretary of Defense, 
and ensure compatibility of MSCA with National Security Emergency 
Preparedness, in accordance with DoD Directive 3020.36 \13\ and E.O. 
12656.
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    \13\ See footnote 4 to Sec. 185.1(f).
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    (2) Coordinate DoD policy governing plans and operations with FEMA; 
and assist the DoD Executive Agent, the Chairman of the Joint Chiefs of 
Staff, and others, as appropriate, in their coordination with FEMA.
    (b) The Assistant Secretary of Defense For Health Affairs shall 
coordinate policy for emergency medical support to civil authorities in 
consonance with this part, to include participation by the Department of 
Defense in the National Disaster Medical System (NDMS).
    (c) The Assistant Secretary of Defense (Reserve Affairs) shall 
advise the DoD Executive Agent, the Chairman of the Joint Chiefs of 
Staff, the USD(P), and the Secretaries of the Military Departments, as 
required, on Reserve component matters impacting on MSCA.
    (d) The Comptroller of the Department of Defense shall:
    (1) Facilitate accounting procedures that will enable the Department 
of Defense to respond on a timely basis to all emergency requirements 
for MSCA; and
    (2) In conjunction with the DoD Executive Agent, provide for 
accounting and other procedures necessary to manage expenditures for 
MSCA from the Defense Emergency Response Fund.
    (e) The Chairman of the Joint Chiefs of Staff shall:
    (1) Advise the Secretary of Defense and the DoD Executive Agent on 
policies, responsibilities, and programs bearing on MSCA.
    (2) In coordination with the DoD Executive Agent, facilitate 
communications by the DoD Executive Agent with commanders, as 
appropriate.
    (3) Ensure the compatibility of MSCA plans with other military 
plans.
    (4) Facilitate CINCFOR's development of an MSCA data base and 
emergency reporting system, as described in paragraph (j) of this 
section.
    (5) Facilitate coordinated evaluation of MSCA plans and capabilities 
by the Commanders of the Unified and Specified Commands through 
exercises or other means, as appropriate.
    (f) The Secretaries of the Military Departments shall:
    (1) Provide for participation by the Military Services in MSCA 
planning, in accordance with this part and with guidance of the DoD 
Executive Agent; and ensure readiness of Active and Reserve components 
to execute plans for MSCA.
    (2) Ensure the designation of a principal planning agent and 
regional planning agents of MSCA for each Military Service, and advise 
the DoD Executive Agent and the Chairman of the Joint Chiefs of Staff of 
such agents.
    (3) Ensure effective and efficient coordination of MSCA planning by 
Service installations with Federal Regions, STARCs, and State and local 
civil authorities, through the DoD Planning Agents, as directed by the 
DoD Executive Agent.
    (4) Furnish available resources for MSCA when directed by the DoD 
Executive Agent.
    (5) Identify to the DoD Executive Agent the resources of their 
respective Military Services that are potentially available for MSCA 
within the parameters of the DoD Resources Data Base (DODRDB) for MSCA, 
which is described in paragraph (n) of this section.

[[Page 870]]

Facilitate use of that data base to support decentralized management of 
MSCA in time of emergency, as appropriate.
    (6) Prepare to support civil requests for damage and residual 
capability assessment following civil emergencies or attacks, to include 
providing aerial reconnaissance as appropriate.
    (7) Provide Military Department representatives to serve on RMEC 
teams, as requested by the DoD Executive Agent.
    (8) Based on validated military planning and operational 
requirements, assign individual Reservists from Military Services to 
FEMA and other appropriate civil government offices and headquarters to 
provide liaison for planning and emergency operations for MSCA. (See 
enclosure 3 in DoD Directive 1215.6.)
    (9) Provide available Military Service personnel for MSCA training, 
including courses conducted by CINCFOR and FEMA.
    (10) Provide for application of critical emergency capabilities of 
the Services (such as disposal of explosive ordnance and nuclear 
devices) for MSCA, as required.
    (g) In addition to the responsibilities assigned under paragraph (f) 
of this section, the Secretary of the Army, as DoD Executive Agent, 
shall:
    (1) Coordinate with the Chairman of the Joint Chiefs of Staff, in 
advance, for the employment of forces assigned to the Unified and 
Specified Commands in MSCA missions.
    (2) Establish a single headquarters element (to be denominated the 
``Directorate of Military Support (DOMS)'') under the Secretary of the 
Army, through which the Secretary of the Army issues orders necessary to 
perform the duties of the DoD Executive Agent under this part. The 
Secretary of the Army shall ensure that the staff element includes 
specially qualified and trained officers of all Military Services, 
including those at senior levels within the element.
    (3) Manage expenditures for MSCA from the Defense Emergency Response 
Fund. (See Sec. 185.4(d)(8).)
    (4) Direct and coordinate the development of both generic and 
incident-specific plans for MSCA through the DoD Planning Agents 
designated in Sec. 185.4(c)(3), and through the DoD Components, as 
appropriate.
    (5) Establish appropriate guidance, through the National Guard 
Bureau, for the Adjutants General of the 50 States, District of 
Columbia, Guam, Puerto Rico, and the Virgin Islands to ensure compliance 
by the Army National Guard with this part. Such guidance shall provide 
for the following, as appropriate:
    (i) Resourcing the STARCs for MSCA planning and response tasks.
    (ii) STARC interfaces with commands and installations of all 
Services, including the DoD Planning Agents, and with State civil 
agencies.
    (iii) STARC acceptance, support, and utilization of liaison and 
augmentation from all Military Services, as appropriate.
    (6) Provide for the manning and operation of RMEC teams to 
coordinate the interface between the Defense Components and all Federal 
regional emergency management structures established by FEMA that may 
affect MSCA.
    (7) Provide for effective utilization in MSCA planning of the U.S. 
Army Corps of Engineers, the Naval Construction Force, and the U.S. Air 
Force Civil Engineers, to include all civil works authorities and other 
unique civil emergency capabilities, as permitted by law.
    (8) Delegate as appropriate authority under this part to the DoD 
Planning Agents, to Defense Coordinating Officers (DCOs) appointed for 
response to civil emergencies under the Stafford Act, as amended, or to 
other DoD officials to accomplish any requirement for MSCA planning or 
operations under this part.
    (9) Provide guidance to CINCFOR for content, dissemination, and use 
of the DODRDB for MSCA, which is described in paragraph (j) of this 
section and ensure opportunity for input by the Chairman of the Joint 
Chiefs of Staff in the continuing development of that data base.
    (10) Maintain national-level liaison with FEMA for MSCA.
    (11) Provide Army Reserve support to FEMA, on a reimbursable basis, 
for emergency communications, security

[[Page 871]]

operations, and associated management support, at the Federal Regions, 
as determined by agreement between FEMA and the DoD Executive Agent; and 
ensure the availability of such support during any time of war or 
national mobilization.
    (12) Provide full-time Army personnel, as required, to manage the 
Military Support Liaison Office established by agreement between the 
Secretary of Defense and the Director of FEMA. Utilize that office to 
facilitate requirements and communications of the DoD Executive Agent 
under this part.
    (13) Develop training courses for MSCA, including specialized 
training for Reserve component emergency preparedness liaison officers 
of all Military Services who will work with civilian communities and 
agencies as authorized for MSCA missions.
    (14) Provide authorizations to DoD Components to perform emergency 
work under Section 403(c) of the Stafford Act, as amended. That statute 
provides that, when authorized by the President at the request of a 
State Governor, under certain conditions, the Department of Defense may 
perform on public or private lands emergency work that is essential for 
the preservation of life or property. Emergency work by the Department 
of Defense under that provision may be carried out only for a period not 
to exceed 10 days, and is only 75 percent funded by Federal funds.
    (h) In addition to the responsibilities assigned under paragraph (f) 
of this section, the Secretary of the Navy shall:
    (1) Maintain liaison and coordinate planning with the Department of 
Transportation for participation by USCG forces in MSCA.
    (2) Furnish technical advice and support for MSCA planning and 
implementation in areas that are uniquely within the competence of the 
Navy, Marine Corps, or USCG (e.g., nuclear material disposal for coastal 
and maritime areas, and emergency protection or restoration of seaport 
capabilities).
    (i) In addition to the responsibilities assigned under paragraph (f) 
of this section, the Secretary of the Air Force shall:
    (1) Establish appropriate guidance, through the National Guard 
Bureau, for the Adjutants General of the 50 States, District of 
Columbia, Guam, Puerto Rico, and the Virgin Islands to ensure compliance 
by the Air National Guard with this part.
    (2) Facilitate planning by the Civil Air Patrol for participation in 
MSCA.
    (3) Furnish technical advice and support for MSCA planning and 
implementation in areas that are uniquely within the competence of the 
Air Force and its wartime augmentation elements (e.g., coordination with 
the Federal Aviation Administration, the National Aeronautics and Space 
Administration, and the National Oceanic and Atmospheric 
Administration).
    (4) Facilitate the conduct and coordination of aerial reconnaissance 
missions to perform damage assessment in support of MSCA.
    (j) In addition to serving as a DoD Planning Agent under paragraph 
(k) of this section, the Commander in Chief, Forces Command (CINCFOR), 
subject to the direction of the DoD Executive Agent, shall:
    (1) Maintain liaison with FEMA to facilitate cooperative civil and 
military planning and training for MSCA.
    (2) Lead DoD liaison with FEMA and other Federal Agencies at the 
Federal Regions, including utilization of the RMEC Teams.
    (3) Continue to develop, maintain, and disseminate the DODRDB.
    (i) The DODRDB shall support MSCA planning for civil emergencies or 
attacks, as well as post-disaster and post-attack damage and residual 
capability assessment by field elements of the DoD Components. It shall 
include essential information on resources routinely held by the DoD 
Components and directly applicable to lifesaving, survival, and 
immediate recovery aspects of MSCA.
    (ii) Forces to be included in the DODRDB are those that are based in 
the United States and its territories and most capable of supporting 
civil emergency functions. Those forces include (but are not limited to) 
construction, airlift, medical, signal, transportation, and military 
police elements, and training base forces of all Services. The DODRDB 
will not include strategic

[[Page 872]]

forces or any other forces identified for exclusion by the Chairman of 
the Joint Chiefs of Staff, unless otherwise directed by the Secretary of 
Defense.
    (iii) The DODRDB shall serve as the basis for emergency reports 
under continuity of operations, damage assessment, and residual 
capabilities, and shall include (but not be limited to) reports through 
the STARCs required by subsection F.2. of DoD Directive 3020.26.\14\
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    \14\ See footnote 4 to Sec. 185.1(f).
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    (4) Plan and conduct civil-military training courses and exercises 
in conjunction with FEMA.
    (k) The Commander in Chief, Forces Command; the Commander in Chief, 
U.S. Atlantic Command; and the Commander in Chief, U.S. Pacific Command, 
shall:
    (1) In accordance with guidance from the DoD Executive Agent 
communicated through the Chairman of the Joint Chiefs of Staff--
    (i) Serve as DoD Planning Agents for MSCA for the areas specified in 
Sec. 185.4(b)(3); and develop MSCA plans and preparedness measures for 
their MSCA areas of responsibility.
    (ii) Ensure cooperative planning for MSCA operations between DoD 
Components, FEMA, and other Federal or State civil agencies, as 
required.
    (iii) Utilize RMEC teams to assist in plan development.
    (iv) Coordinate with the STARCs through channels established by the 
Secretary of the Army; and utilize liaison officers provided for in DoD 
Directive 1215.6 and others, as appropriate, to facilitate coordination 
of emergency planning.
    (v) Plan to perform any designated function of the DoD Executive 
Agent under this part, if ordered by the Secretary of Defense in time of 
war or attack on the United States.
    (vi) Evaluate MSCA plans, preparedness measures, and training in 
joint civil military exercises.
    (2) Furnish MSCA as directed by the DoD Executive Agent. Employ RMEC 
Teams and liaison officers, as appropriate, to coordinate emergency 
response operations with civil agencies, the National Guard, the 
Military Departments and the CINCs.
    (3) Furnish assistance to civil authorities in non-declared 
emergency situations when directed by the DoD Executive Agent.
    (l) The Directors of the Defense Agencies shall:
    (1) Designate a principal planning agent and regional planning 
agents for MSCA, and advise the DoD Executive Agent of such designated 
agents.
    (2) Ensure effective and efficient coordination of planning by 
subordinate elements with Federal Regions, STARCs, and State and local 
civil authorities, through the DoD Planning Agents, as directed by the 
DoD Executive Agent.
    (3) Furnish resources for MSCA when directed by the DoD Executive 
Agent.
    (4) Make DoD resources available for technical support to the other 
DoD Components for MSCA, when required.
    (5) Respond to requests by the DoD Executive Agent to identify 
resources for the DODRDB.
    (6) Provide representatives to serve on RMEC teams, as requested by 
the DoD Executive Agent.

Sec. 185.6  Information requirements.

    The reporting requirements in Sec. 185.5 are exempt from licensing 
in accordance with paragraph E.4.b. of DoD 8910.1-M.\15\

    \15\ See footnote 4 to Sec. 185.1(f).
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