1. PURPOSE. This instruction establishes policy, assigns responsibilities, and provides procedures for the use of the National Guard for Defense Support of Civil Authorities (DSCA) in accordance with the authority in section 502(f) of Title 32, United States Code (U.S.C.) (Reference (a)), DoD Directive (DoDD) 5111.1 (Reference (b)), and Deputy Secretary of Defense Memorandum (Reference (c)); the responsibilities and functions in accordance with DoDD 5111.13 (Reference (d)); and the guidance in DoDD 3025.18 (Reference (e)).

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3. POLICY. It is DoD policy that:

a. In accordance with Reference (a), the Secretary of Defense, with the concurrence of the affected Governors, is the sole authority to authorize DoD funding of the National Guard for DoD operations or missions, including DSCA. In coordination with the CJCS, other appropriate DoD Component heads, and the CNGB, the Assistant Secretary of Defense for Homeland Defense and Americas’ Security Affairs (ASD(HD&ASA)), as the principal civilian advisor for DSCA, makes recommendations to the Secretary of Defense for the use of National Guard forces in a duty status in accordance with section 502(f) of Reference (a) for DSCA.

b. In accordance with Reference (e), DSCA is initiated by a request for DoD assistance from civil authorities or qualifying entities, or is authorized by the President or Secretary of Defense. Any request for assistance that is the responsibility of another federal department or agency will be redirected to the appropriate department or agency.

c. In accordance with Reference (e), section 377 of Reference (f), section 1535 of Title 31, U.S.C. (Reference (l)), and section 5121 et. seq. of Title 42, U.S.C. (also known as “the Robert T. Stafford Disaster Relief and Emergency Assistance Act”) (Reference (m)), requests for DSCA include a commitment to reimburse the DoD.

d. The use of the National Guard to support a federal department or agency or qualifying entity request for assistance will only be conducted in a duty status pursuant to Reference (f) or section 502(f) of Reference (a), unless otherwise authorized by the Secretary of Defense.

(1) The National Guard will be considered for DSCA in accordance with the Global Force Management (GFM) process.

(2) The recommendation to approve funding for the National Guard in a duty status pursuant to section 502(f) of Reference (a) will be made to the Secretary of Defense after:

(a) The National Guard has been selected as the recommended sourcing solution to perform a DSCA mission.

(b) It has been determined that the National Guard in a duty status in accordance with section 502(f) of Reference (a) is more appropriate than in a duty status in accordance with Reference (f).

e. Approval of the use of the National Guard in a duty status pursuant to section 502(f) of Reference (a) for DSCA requires:

(1) Receipt of a reimbursable request from a federal department or agency or qualifying entity for DoD assistance in accordance with the policy established in Reference (e).

(2) Selection of the National Guard as the sourcing solution to a Combatant Commander’s request for forces.

(3) Concurrence from the applicable Governor(s).

(4) Determination by the Secretary of Defense to approve the use of the National Guard in a duty status pursuant to section 502(f) of Reference (a) for DSCA to respond to the approved request.

f. The use of the National Guard for DSCA will not be approved to:

(1) Perform DSCA operations or missions at the direct request to DoD of a State or local civil authority, or to perform activities that the Secretary of Defense determines to be a State’s responsibility, including activities performed under a mutual aid and assistance agreement.

(2) Perform activities that are the responsibilities of another federal department or agency, unless the Secretary of Defense has approved a reimbursable request for DoD assistance from that federal department or agency.

(3) Resolve issues regarding matters under State jurisdiction (e.g., concerns about State active duty pay and allowances, interstate licensure, and liability protections).

g. Support may be provided on a non-reimbursable basis only if required by law or if both authorized by law and approved by the Secretary of Defense.