Header:
CODE OF FEDERAL REGULATIONS
TITLE 32 -- NATIONAL DEFENSE
SUBTITLE A -- DEPARTMENT OF DEFENSE
CHAPTER I -- OFFICE OF THE SECRETARY OF DEFENSE
SUBCHAPTER I -- CIVIL DEFENSE
PART 185--DEFENSE SUPPORT OF CIVIL AUTHORITIES (DSCA)
Date:
02/28/2013
Document:
§ 185.5 Responsibilities.
(a) The Under Secretary of Defense for Policy (USD(P)) shall:
(1) Coordinate DSCA policy with other Federal departments and agencies, State agencies, and the DoD Components, as appropriate.
(2) Establish DoD policy governing DSCA.
(b) The Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs (ASD(HD&ASA)), under the authority, direction, and control of the USD(P) shall:
(1) Serve as the principal civilian advisor to the Secretary of Defense and the USD(P) for DSCA.
(2) Serve as the Defense Domestic Crisis Manager.
(3) As delegated by the Secretary of Defense in accordance with DoD Directive 5111.13 n19, serve as approval authority for requests for assistance from civil authorities or qualifying entities sent to the Secretary of Defense, except for those items retained in § 185.4(j) and (o) of this part, or delegated to other officials. This authority may not be delegated further than the Principal Deputy Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs. When carrying out this authority, the ASD(HD&ASA) shall:
n19 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/511113p.pdf.
(i) Coordinate requests with the Chairman of the Joint Chiefs of Staff, the Commanders of the Combatant Commands with DSCA responsibilities in the matter, and Military Department Secretaries and other DoD officials as appropriate.
(ii) Immediately notify the Secretary of Defense of the use of this authority.
(4) Develop, coordinate, and oversee the implementation of DoD policy for DSCA plans and activities, including:
(i) Requests for assistance during domestic crises, emergencies, or civil disturbances.
(ii) Domestic consequence management.
(iii) Coordination or consultation, as appropriate, with the Department of Homeland Security and other Federal agencies on the development and validation of DSCA requirements.
(iv) DoD support for national special security events.
(v) DoD support for national and international sporting events, in accordance with section 2564 of title 10, U.S.C.
(vi) Direct the fullest appropriate dissemination of information relating to all aspects of DSCA, using all approved media and in accordance with DoD Directive 8320.02 n20 .
n20 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/832002p.pdf.
(5) Exercise staff cognizance over DoD Directive 5525.5.
(c) The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and Interdependent Capabilities, under the authority, direction, and control of the USD(P), shall support planning by the Defense Domestic Crisis Manager during DSCA operations, as required.
(d) The Under Secretary of Defense (Comptroller)/Chief Financial Officer shall:
(1) Establish policies and procedures to ensure timely reimbursement to the Department of Defense for reimbursable DSCA activities.
(2) Assist in management of statutory resources for DSCA in support of appropriate international and domestic sporting events.
(e) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) shall identify, monitor, and oversee the development of integrated DSCA training capabilities and the integration of these training capabilities into exercises and training to build, sustain, and assess DSCA readiness in accordance with DoD Directive 1322.18 n21 .
n21 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/132218p.pdf.
(f) The Assistant Secretary of Defense for Health Affairs (ASD(HA)), under the authority, direction, and control of the USD(P&R), as the principal advisor to the Secretary of Defense for all DoD health policy shall:
(1) Provide guidance and support for all domestic crisis situations or emergencies that require health or medical-related DSCA to ASD(HD&ASA).
(2) Exercise authority in accordance with section 300hh-11 of title 42, U.S.C., and according to DoD Directive 6010.22 n22, for participation in the National Disaster Medical System.
n22 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/601022p.pdf.
(g) The Assistant Secretary of Defense for Reserve Affairs, under the authority, direction, and control of USD(P&R), shall provide recommendations, guidance, and support on the use of the Reserve Components to perform DSCA missions to ASD(HD&ASA).
(h) The Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) shall establish policies and procedures, in coordination with ASD(HD&ASA), to implement DSCA requirements for DoD Fire and Emergency Services programs and mutual or automatic aid that may be part of that program.
(i) The Heads of the DoD Components shall:
(1) Direct that any DSCA-related DoD issuances, concept plans, interagency agreements, and memorandums of understanding or agreement with external agencies are in full compliance with this part.
(2) Direct Component compliance with financial management guidance related to support provided for DSCA operations, including guidance related to tracking costs and seeking reimbursement.
(3) When approved by the Secretary of Defense, plan, program, and budget for DSCA capabilities in accordance with law, policy, and assigned missions.
(j) The Secretaries of the Military Departments in addition to the responsibilities in § 185.5(i) of this part, shall:
(1) Establish the necessary policies and procedures to ensure the appropriate personnel are trained to execute DSCA plans as directed by the Secretary of Defense.
(2) Direct that requests for reimbursement of actual DSCA expenditures (performance of work or services, payments to contractors, or delivery from inventory) begin within 30 calendar days after the month in which performance occurred. Final billing invoices shall be submitted to supported departments and agencies within 90 calendar days of the termination of the supported event.
(k) The Chairman of the Joint Chiefs of Staff in addition to the responsibilities in § 185.5(i) of this part, shall:
(1) Advise the Secretary of Defense on the effects of requests for DSCA on national security and military readiness.
(2) Identify available resources for support in response to DSCA requests and release related orders when approved by the Secretary of Defense.
(3) Incorporate DSCA into joint training and exercise programs in consultation with the USD(P&R), the Chief, National Guard Bureau (NGB), and appropriate officials from the Department of Homeland Security and other appropriate Federal departments and agencies.
(4) Advocate for needed DSCA capabilities.
(l) The Commanders of Combatant Commands with DSCA responsibilities, in addition to the responsibilities in § 185.5(i) of this part and in accordance with the Unified Command Plan shall:
(1) In coordination with the Chairman of the Joint Chiefs of Staff, plan and execute DSCA operations in their areas of responsibility in accordance with this part, the Unified Command Plan and the Global Force Management Implementation Guidance.
(2) In coordination with the Chairman of the Joint Chiefs of Staff, incorporate DSCA into joint training and exercise programs in consultation with the Department of Homeland Security, other appropriate Federal departments and agencies, and the NGB.
(3) Advocate for needed DSCA capabilities and requirements through the Joint Requirements Oversight Council, subject to § 185.5(i) of this part, and the planning, programming, budgeting, and execution process.
(4) Work closely with subordinate commands to ensure that they are appropriately reimbursed for DSCA in accordance with § 185.5(j) of this part.
(5) Exercise Training Readiness Oversight (TRO) over assigned Reserve Component forces when not on active duty or when on active duty for training in accordance with DoD Instruction 1215.06 n23 .
n23 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/121506p.pdf.
(m) The Chief, NGB, under the authority, direction, and control of the Secretary of Defense, normally through the Secretary of the Army and the Secretary of the Air Force, shall:
(1) Serve as the channel of communications for all matters pertaining to the National Guard between DoD Components and the States in accordance with DoD Directive 5105.77 n24 .
n24 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/510577p.pdf.
(2) Annually assess the readiness of the National Guard of the States to conduct DSCA activities and report on this assessment to the Secretaries of the Army and the Air Force; the USD(P&R), ASD(HD&ASA), and ASD(RA); and, through the Chairman of the Joint Chiefs of Staff, to the Secretary of Defense and appropriate Combatant Commanders.
(3) Report National Guard support of civil authorities or qualifying entities when using Federal resources, equipment, and/or funding to the NJOIC.
(4) Serve as an advisor to the Combatant Commanders on National Guard matters pertaining to the combatant command missions, and support planning and coordination for DSCA activities as requested by the Chairman of the Joint Chiefs of Staff or the Combatant Commanders.
(5) Ensure that National Guard appropriations are appropriately reimbursed for DSCA activities.
(6) Advocate for needed DSCA capabilities.
(7) Develop and promulgate, in accordance with DoD Directive 5105.77 and in coordination with the Secretaries of the Army and Air Force and the ASD(HD&ASA), guidance regarding this part as it relates to National Guard matters.
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