32 CFR 185.2 - Applicability and scope.

§ 185.2 Applicability and scope.

This part:

(a) Applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the “DoD Components”).

(b) Applies to the Army National Guard and the Air National Guard (hereafter referred to collectively as the “National Guard”) personnel when under Federal command and control. Also applies to National Guard personnel when the Secretary of Defense determines that it is appropriate to employ National Guard personnel in title 32, U.S.C., status to fulfill a request for DSCA, the Secretary of Defense requests the concurrence of the Governors of the affected States, and those Governors concur in the employment of National Guard personnel in such a status.

(c) Applies to all DSCA (except the specific forms of DSCA listed in paragraph (d) of this section), including but not limited to:

(1) Mutual or automatic aid, also known as reciprocal fire protection agreements (see chapter 15A of title 42 U.S.C.).

(2) DoD fire and emergency services programs (see DoD Instruction 6055.06) 2.

2 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/605506p.pdf.

(3) Support of special events in accordance with applicable laws and DoD policy (see DoD Directive 2000.15) 3.

3 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/200015p.pdf.

(4) United States Army Corps of Engineers (USACE) activities as the DoD Coordinating and Primary Agency for Emergency Support Function #3, Public Works and Engineering, of the National Response Framework.

(5) Defense support to civilian law enforcement agencies (see DoDD 3025.12 4 and DoD Directive 5525.5).

4 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/302512p.pdf.

(d) Does not apply to the following:

(1) Support in response to foreign disasters provided in accordance with DoD Directive 5100.46 5.

5 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/510046p.pdf.

(2) Joint investigations conducted by the Inspector General of the Department of Defense, the Defense Criminal Investigative Service, and the military criminal investigative organizations with civil law enforcement agencies on matters within their respective jurisdictions using their own forces and equipment.

(3) Detail of DoD personnel to duty outside the Department of Defense in accordance with DoD Instruction 1000.17 6.

6 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/100017p.pdf.

(4) Counternarcotics operations conducted under the authority of section 1004 of Public Law 101-510 (1991).

(5) Support provided by the USACE when accomplishing missions and responsibilities under the authority of section 701n of title 33, U.S.C. and Executive Order 12656.

(6) Assistance provided by DoD intelligence and counterintelligence components in accordance with DoD Directive 5240.01 7, Executive Orders 12333 and 13388, DoD 5240.1-R 8, and other applicable laws and regulations.

7 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/524001p.pdf.

8 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/524001r.pdf.

(7) Military community relations programs and activities administered by the Assistant Secretary of Defense for Public Affairs (see DoD Directive 5410.18 9 and DoD Instruction 5410.19 10).

9 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/541018p.pdf.

10 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/541019p.pdf.

(8) Sensitive support in accordance with DoD Directive S-5210.36 11.

11 Document is classified and copies maybe requested by contacting USD(I), USDI.pubs@osd.mil

(9) Activities performed by the Civil Air Patrol in support of civil authorities or qualifying entities when approved by the Air Force as auxiliary missions in accordance with section 9442 of title 10, U.S.C. and DoD 3025.1-M 12 except as restricted by § 185.4(j) of this part.

12 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/302501m.pdf.

(10) Innovative readiness training (formerly called “civil-military cooperative action programs”) (see DoD Directive 1100.20) 13.

13 Available by downloading at http://www.dtic.mil/whs/directives/corres/pdf/110020p.pdf.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
Public Laws