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Defense Support to Special Events

 


[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22671-22676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9148]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 183

[DOD-2009-OS-0039; RIN 0790-AI55]


Defense Support to Special Events

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: This rule establishes procedures and assigns responsibilities 
for Special Events, sets forth procedural guidance for the execution of 
Special Events support when requested by civil authorities or 
qualifying entities and approved by the appropriate DoD authority, or 
as directed by the President, within the United States, including the 
District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin 
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, and any other territory or possession of the United States or 
any political subdivision thereof and elsewhere if properly approved.

DATES: This rule is effective May 17, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Corbin, 571-256-8319.

SUPPLEMENTARY INFORMATION: The Department of Defense published a 
proposed rule on November 26, 2010 (75 FR 72767-72771). One comment was 
received and addressed below:
    Comment: ``This comment pertains to Page 72770, Section A(iiii)G 
reference to DOD support to the ``National Boy Scout Jamboree''. 
Recommend that DOD not support this event. The Boy Scouts of America 
are an organization that discriminates based on sex, sexual 
orientation, and religion. DOD support is contrary to policies of state 
governments and the federal government. Material support is against the 
general principle of separation of church and state and the important 
elements of the constitution of the United States. DOD support 
essentially demonstrates an ``establishment of religion'' and is 
contrary to anti-discrimination policys [sic].''
    Response: The Department of Defense has valid statutory authority, 
10 U.S.C. 2554, for providing support to the Boy Scout jamboree.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR Part 183 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a section of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 183 does not contain a 
Federal mandate that may result in the expenditure by State, local, and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et 
seq.)

    It has been certified that 32 CFR part 183 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because it would not, 
if promulgated, have a significant economic impact on a substantial 
number of small entities. This rule establishes procedures and assigns 
responsibilities within DoD for Special Events in support of civil and 
non-governmental entities; therefore, it is not expected that small 
entities will be affected because there will be no economically 
significant regulatory requirements placed upon them.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 183 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 183 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the national government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of government.

List of Subjects in 32 CFR Part 183

    Armed forces, Special events.

    Accordingly, 32 CFR part 183 is added to subchapter I to read as 
follows:

PART 183--DEFENSE SUPPORT OF SPECIAL EVENTS

Sec.
183.1 Purpose.
183.2 Applicability and scope.
183.3 Definitions.
183.4 Policy.
183.5 Responsibilities.
183.6 Procedures.

     Authority: 2 U.S.C. 1966, 2 U.S.C. 1970, 10 U.S.C. 372-374, 10 
U.S.C. 377, 10 U.S.C. 2012, 10 U.S.C. 2553-2555, 10 U.S.C. 2564, 18 
U.S.C. 1385, 18 U.S.C. 3056, 31 U.S.C. 1535-1536, 32 U.S.C. 502, 32 
U.S.C. 508, Pub. L. 94-524, and Section 5802 of Pub. L. 104-208, as 
amended.


Sec.  183.1.  Purpose.

    This part:

[[Page 22672]]

    (a) Establishes DoD policy, assigns responsibilities, and provides 
procedures for support of civil authorities and qualifying entities 
during the conduct of special events in accordance with the authority 
in DoD Directive (DoDD) 5111.1 (see http://www.dtic.mil/whs/directives/
corres/pdf/511101p.pdf) and the Deputy Secretary of Defense Memorandum, 
``Delegations of Authority,'' November 30, 2006 (available by written 
request to Deputy Secretary of Defense, 1010 Defense Pentagon, 
Washington, DC 20301-1010). This support will be referred to as 
``support of special events.''
    (b) Implements provisions of DoDD 5111.1; the Deputy Secretary of 
Defense Memorandum, ``Delegations of Authority,'' November 30, 2006; 
title 2, United States Code (U.S.C.), sections 1966 and 1970; title 10, 
U.S.C., sections 372-374, 377, 2012, 2553-2555, and 2564; title 18, 
U.S.C. sections 1385 and 3056; title 31, U.S.C., sections 1535-1536; 
title 32, U.S.C., sections 502 and 508; Public Law 94-524; Section 5802 
of Public Law 104-208, as amended; and title 32, Code of Federal 
Regulations (CFR) part 185, addressing matters pertaining to Defense 
Support of Civil Authorities (DSCA) for special events, including 
support for qualifying entities.


Sec.  183.2.  Applicability and scope.

    (a) Applies to the Office of the Secretary of Defense (OSD), the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff (CJCS) 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, National Guard personnel providing 
support of special events in title 32, U.S.C., status, and all other 
organizational entities in DoD (hereinafter referred to collectively as 
the ``DoD Components'').
    (b) Does not apply to installation commanders or Heads of DoD 
Components providing localized support to a special event solely under 
the auspices of community relations, public outreach, or recruitment 
efforts pursuant to DoDD 5410.18 (see http://www.dtic.mil/whs/directives/
corres/pdf/541018p.pdf) and DoD Instruction (DoDI) 5410.19 
(see http://www.dtic.mil/whs/directives/corres/pdf/541019p.pdf) or 
other similar authority.


Sec.  183.3.  Definitions.

    Unless otherwise noted, these terms and definitions are for the 
purpose of this part only.
    Civil Authorities. Defined in Joint Publication 1-02 (see http://www.
dtic.mil/doctrine/new_pubs/jp1_02.pdf.)
    Integrated Federal Support Overview (IFSO). A collaborative effort 
of the Special Events Working Group. The purpose of the IFSO is to 
inform the Secretary of Homeland Security and other appropriate senior 
Federal officials, including the Federal coordinator for the special 
event, of all the Federal activities and support in preparation for and 
execution of a special event. The IFSO facilitates the Federal 
coordinator's ability to lead a unified coordination group initially in 
case of an incident to support the Secretary of Homeland Security's 
incident management responsibilities. It also educates Federal 
interagency partners on Federal resources committed to the special 
event.
    National Special Security Event (NSSE). An event of national 
significance as determined by the Secretary of Homeland Security. These 
national or international events, occurrences, contests, activities, or 
meetings, which, by virtue of their profile or status, represent a 
significant target, and therefore warrant additional preparation, 
planning, and mitigation efforts. The USSS, FBI, and FEMA are the 
Federal agencies with lead responsibilities for NSSEs; other Federal 
agencies, including DoD, may provide support to the NSSE if authorized 
by law.
    NSSE Executive Steering Committee. Established when the Secretary 
of Homeland Security designates a specific event to be an NSSE. The 
group, led by the USSS, comprises Federal, State, and local public 
safety and security officials whose primary responsibility is to 
coordinate and develop a specific security plan for the designated 
NSSE.
    Qualifying entity. A non-governmental organization to which the 
Department of Defense may provide assistance by virtue of statute, 
regulation, policy, or other approval by the Secretary of Defense or 
his or her authorized designee.
    Special event. An international or domestic event, contest, 
activity, or meeting, which by its very nature, or by specific 
statutory or regulatory authority, may warrant security, safety, and 
other logistical support or assistance from the Department of Defense. 
Event status is not determined by the Department of Defense, and 
support may be requested by either civil authorities or non-
governmental entities. Support provided may be reimbursable.
    Special Event Working Group. A single forum designed to ensure 
comprehensive and coordinated Federal interagency awareness of, and 
appropriate support to, special events. The Special Event Working Group 
is co-chaired by representatives from DHS (including the USSS and FEMA) 
and the FBI, and comprises representatives from more than 40 Federal 
departments and agencies, including the Department of Defense, the 
Departments of Homeland Security, Justice, State, Energy, Labor, Health 
and Human Services, and Commerce, the Office of the Director of 
National Intelligence, and the Environmental Protection Agency. The 
Department of Defense representative on the Special Event Working Group 
is designated by the Assistant Secretary of Defense for Homeland 
Defense and Americas' Security Affairs (ASD(HD&ASA)).


Sec.  183.4.  Policy.

    It is DoD policy that:
    (a) DoD capabilities may be used to provide support for 
international and domestic special events as authorized by law and DoD 
policy. DoD resources in support of special events may be provided only 
after the resources of all other relevant governmental and non-
governmental entities are determined not to be available, unless there 
is a statutory exception or the Department of Defense is the only 
source of specialized capabilities. DoD support should not be provided 
if use of commercial enterprises would be more appropriate.
    (b) DoD Components shall provide support to civil authorities or 
qualifying entities for special events only as authorized in this part.
    (c) The Department of Defense may support such events with 
personnel, equipment, and services in accordance with applicable laws, 
regulations, and interagency agreements. Most support shall be provided 
on a non-interference basis, with careful consideration given to 
effects on readiness and current operations. Support for National 
Special Security Events (NSSEs) shall be in accordance with National 
Security Presidential Directive-46/Homeland Security Presidential 
Directive-15, Annex II.
    (d) DoD security and safety-related support for an event shall have 
priority over logistics assistance. However, logistics assistance may 
be provided if deemed appropriate and necessary, consistent with 
applicable statutes and policy guidance.
    (e) Funding for special events is subject to the following:
    (1) The Department of Defense may receive separate funding or 
authority to provide support to specific special events.

[[Page 22673]]

    (2) Support of special events for which the Department of Defense 
does not receive appropriations or for which DoD funds are not 
available for such support must be approved by the Secretary of Defense 
and must be provided on a reimbursable basis in accordance with title 
10, U.S.C., sections 377, 2553-2555, and 2564; title 31, U.S.C., 
sections 1535-1536; or other applicable statutes.
    (3) Reimbursement for DoD support provided to civilian law 
enforcement agencies during special events is required, in accordance 
with title 10 U.S.C. 377, unless the Secretary of Defense elects to 
waive reimbursement after determining that the support:
    (i) Is provided in the normal course of military training or 
operations; or
    (ii) Results in a benefit to the personnel providing the support 
that is substantially equivalent to that which would otherwise be 
obtained from military operations or training.
    (4) The DoD will provide support to NSSEs in accordance with HSPD 
15/NSPD 46, as authorized by law and policy.
    (5) Security and safety of special events are responsibilities 
shared by Federal, State, and local authorities. If Federal funds will 
be provided to State or local authorities to offset the costs of 
enhanced security and public safety for special events and if State or 
local officials request the employment of National Guard personnel in a 
Federal pay status, States shall be encouraged to use those funds to 
employ those National Guard personnel in a State pay status or to 
reimburse the Department of Defense for costs related to the employment 
of the National Guard personnel in a Federal pay status.
    (f) DoD support of special events that includes support to civilian 
law enforcement officials must comply with DoDD 5525.5 (see 
http://www.dtic.mil/whs/directives/corres/pdf/552505p.pdf).
    (g) DoD support of special events that includes support to civilian 
intelligence officials must comply with DoD 5240.1-R (see 
http://www.dtic.mil/whs/directives/corres/pdf/524001r.pdf).


Sec.  183.5.  Responsibilities.

    (a) The Under Secretary of Defense for Policy (USD(P)) shall 
establish policy for and facilitate the interagency coordination of 
special events with Federal, State, and local agencies, and qualifying 
entities and the DoD Components, as required.
    (b) The ASD(HD&ASA), under the authority, direction, and control of 
the USD(P), shall:
    (1) In coordination with the CJCS, oversee the management and 
coordination of DoD support of special events including events covered 
under title 10, U.S.C., section 2564.
    (2) Serve as the principal civilian advisor to the Secretary of 
Defense and the USD(P) on DoD support of special events.
    (3) In accordance with DoDD 5111.13 (see 
http://www.dtic.mil/whs/directives/corres/pdf/511113p.pdf), 
approve requests for assistance 
from civil authorities and qualifying entities for DoD support of 
special events. Such requests shall be coordinated with appropriate 
offices within OSD, with the CJCS, and with the heads of appropriate 
DoD Components. The ASD(HD&ASA) will immediately notify the Secretary 
of Defense and the USD(P) when this authority is exercised.
    (4) Coordinate, or consult on, special event support policy with 
other Federal departments and agencies (which may include the 
Department of Homeland Security (DHS), the Federal Bureau of 
Investigation (FBI), the U.S. Secret Service (USSS), and the Federal 
Emergency Management Agency (FEMA)) and with other qualifying entities 
as appropriate.
    (5) Develop, coordinate, and oversee the implementation of DoD 
support of special events.
    (6) Through the CJCS, monitor the activation, deployment, and 
employment of DoD personnel, facilities, and other resources involved 
in DoD support of special events.
    (7) Coordinate DoD support of special events with the General 
Counsel of the Department of Defense (GC, DoD) and the Under Secretary 
of Defense (Comptroller)/Chief Financial Officer, Department of Defense 
(USD(C)/CFO).
    (8) Coordinate with the Assistant Secretary of Defense for Public 
Affairs (ASD(PA)) to ensure that information relating to DoD support of 
special events receives appropriate dissemination using all approved 
media.
    (9) Represent the Department of Defense regarding special events to 
other Federal departments and agencies, State and local authorities, 
and qualifying entities, including designating the Department of 
Defense representatives for the working groups identified in Sec.  
183.6(b) of this part.
    (10) Manage, in conjunction with the USD(C)/CFO, the Support for 
International Sporting Competitions (SISC) Defense Account.
    (11) In accordance with section 5802 of Public Law 104-208, as 
amended, notify the congressional defense committees of DoD plans to 
obligate funds in the SISC Defense Account.
    (12) In accordance with title 10 U.S.C. 2564, submit an annual 
report to Congress, no later than January 30 of each year following a 
year in which the Department of Defense provides assistance under title 
10 U.S.C. 2564, detailing DoD support to certain sporting competitions.
    (c) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) shall coordinate on DoD support of special events and, in 
coordination with the CJCS, provide advice regarding the effect the 
requested support will have on readiness and military operations.
    (d) The USD(C)/CFO shall:
    (1) Coordinate on DoD support of special events, and provide advice 
regarding the effect on the DoD budget and on DoD financial resources.
    (2) Maintain the SISC Defense Account in conjunction with the 
ASD(HD&ASA).
    (e) The Under Secretary of Defense for Acquisition, Technology, and 
Logistics (USD(AT&L)) shall coordinate on DoD logistical support of 
special events.
    (f) The GC, DoD shall coordinate and provide legal counsel on DoD 
support of special events.
    (g) The ASD(PA) shall provide policy guidance and review, 
coordinate, and approve requests for ceremonial and entertainment 
support for special events covered by this part, in accordance with 
DoDD 5410.18 (see 
http://www.dtic.mil/whs/directives/corres/pdf/541018p.pdf), DoDI 5410.19 
(see http://www.dtic.mil/whs/directives/corres/pdf/541019p.pdf) and DoDD 
5122.05 (see http://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf).
    (h) The Heads of the DoD Components shall:
    (1) Designate and maintain an office of primary responsibility 
(OPR) for special events or a special events coordinator, and provide 
that OPR designation and contact information to the CJCS within 60 days 
of the publication of this part. Changes to OPR designation and contact 
information shall be provided to the CJCS within 30 days of the change.
    (2) Provide personnel, equipment, and support of special events as 
directed.
    (3) Ensure that personnel supporting special events comply with 
applicable antiterrorism and force protection training and standards.
    (4) Provide other support of special events as directed.
    (i) The CJCS shall:
    (1) Provide planning guidance to DoD Components for all special 
events for which DoD support may require the employment of military 
forces or centralized command and control.
    (2) Review all requests for DoD support of special events and, in 
coordination with the USD(P&R),

[[Page 22674]]

provide advice on the effect that the requested support will have on 
readiness and military operations.
    (3) Prepare, staff, and issue orders and messages on DoD support of 
special events that has been approved by authorized DoD officials.
    (4) Issue guidance to the Combatant Commanders on the 
implementation of this part.
    (5) Process requests for DoD support of special events.
    (6) Maintain sufficient staff to manage the day-to-day operational 
aspects of DoD support of special events.
    (7) Manage and maintain equipment that is procured to support DoD 
special events.
    (i) Establish and operate a system for delivering DoD assets to 
authorized recipients and for recovering loaned assets at the 
conclusion of the event.
    (ii) Ensure the civil authorities and qualifying entities 
authorized to accept DoD assets provide a surety bond or other suitable 
insurance protection to cover the cost of lost, stolen, or damaged DoD 
property.
    (iii) Plan and program for the life-cycle replacement of special 
events equipment procured under title 10 U.S.C. 2553, 2554, and 2564.
    (iv) Procure goods and services through contracting, when necessary 
and authorized by law.
    (8) Administer the expenditure of appropriated funds, and ensure 
that the Department of Defense is reimbursed for its support of special 
events when required by law or DoD policy.
    (i) With the assistance of the DoD Components, provide cost 
estimates of DoD support to a special event that is under consideration 
for approval.
    (ii) Upon approval, administer the execution of funding for DoD 
support of special events.
    (iii) At the conclusion of DoD support to a special event, collect 
and provide a financial accounting for all DoD funds expended in 
support of that special event.
    (9) Establish and maintain effective liaison with DoD Components 
for the timely exchange of information about special event projects.
    (10) Provide other support of special events as directed.
    (j) The Chief, National Guard Bureau (NGB), under the authority, 
direction, and control of the Secretary of Defense 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 DoDD 5105.77 (see 
http://www.dtic.mil/whs/directives/corres/pdf/510577p.pdf).
    (2) Report National Guard special event support of civil 
authorities or qualifying entities when using Federal resources, 
equipment, or funding to the National Joint Operations and Intelligence 
Center.
    (3) Serve as an advisor to the Combatant Commanders on National 
Guard matters pertaining to the combatant command missions, and support 
planning and coordination for DoD support of special events as 
requested by the CJCS or the Combatant Commanders.
    (4) Ensure that National Guard appropriations are appropriately 
reimbursed for special event activities.
    (5) Advocate for needed special event capabilities.
    (6) Develop, in accordance with DoDD 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.


Sec.  183.6.  Procedures.

    (a) General Provisions. (1) This section provides the basic 
procedures for DoD support to special events.
    (2) As appropriate, amplifying procedures regarding DoD support to 
special events shall be published separately and maintained by the 
Office of the ASD(HD&ASA) and released as needed in the most effective 
medium consistent with DoD Directive 8320.02 (see 
http://www.dtic.mil/whs/directives/corres/pdf/832002p.pdf).
    (b) Special Event Process. (1) Engagement. (i) Engagement may be 
initiated by the Department of Defense, civil authorities, or 
qualifying entities. If the initial engagement is not a written request 
for assistance (RFA), representatives of the ASD(HD&ASA) and the Joint 
Staff will confer to determine actual requirements.
    (ii) Engagement may involve informational briefings and meetings 
between DoD representatives and special event organizers, civil 
authorities, or qualifying entities. These informal engagements may 
result in non-DoD entities submitting an RFA to the DoD Executive 
Secretary, requesting DoD support for a special event.
    (iii) Once an RFA is received, it will be sent to the ASD(HD&ASA) 
and the CJCS simultaneously for staffing and recommendation. Additional 
engagement with the requestor may be required to quantify the scope and 
magnitude of the support requested.
    (2) Planning. (i) The direction and focus of DoD special-event 
planning will depend on the nature of the event and scope and magnitude 
of the support requested or anticipated. International events may 
require additional planning, procedures, and coordination with the 
government of the host country.
    (ii) For National Special Security Events (NSSEs) and events that 
may require the employment of military forces and centralized command 
and control, the CJCS will issue a planning order requesting a 
Combatant Commander to initiate planning and notify potential 
supporting commands or organizations and the Chief, NGB, as 
appropriate. When possible, established CJCS-directed planning 
procedures will be used for the Combatant Commander to provide an 
assessment and request for forces.
    (A) The NSSE designation process generally is initiated by a formal 
written request to the Secretary of Homeland Security by the State or 
local government hosting the event. In other situations where the event 
is federally sponsored, an appropriate Federal official will make the 
request.
    (B) Once the request is received by DHS, the USSS and the FBI will 
send an NSSE questionnaire to the responsible host official for 
completion. The request, completed questionnaires, and other supporting 
information are reviewed by the NSSE Working Group (which includes a 
non-voting DoD member), which provides a recommendation to the 
Secretary of Homeland Security regarding NSSE designation.
    (C) The Secretary of Homeland Security makes the final 
determination to designate an event as an NSSE pursuant to Homeland 
Security Presidential Directive 7 (see 
http://www.gpo.gov/fdsys/pkg/PPP-2003-book2/pdf/PPP-2003-book2-doc-pg1739.pdf).
    (iii) There are numerous events where DoD support should be 
anticipated and a planning order issued to the appropriate Combatant 
Commander. These include, but are not limited to:
    (A) The President's State of the Union Address or other addresses 
to a Joint Session of Congress.
    (B) Annual meetings of the United Nations General Assembly.
    (C) National Presidential nominating conventions.
    (D) Presidential inaugural activities.
    (E) International summits or meetings.
    (F) State funerals.
    (G) The National Boy Scout Jamboree.
    (H) Certain international or domestic sporting competitions.
    (iv) There are other events that the Department of Defense supports 
that do not involve the assignment of military forces or centralized 
command and control by Combatant Commanders, which include planning 
requirements

[[Page 22675]]

by the host organizations. These include, but are not limited to:
    (A) Military Department or Service-sponsored events, such as:
    (1) The Marine Corps Marathon.
    (2) The Army 10-Miler.
    (3) Navy Fleet Weeks.
    (4) Installation or Joint Service Open Houses.
    (5) Service or Joint Air Shows.
    (B) Community relations activities authorized in accordance with 
DoDI 5410.19.
    (v) The Department of Defense may provide support to certain 
sporting events that are included under subsection (c) of section 2564 
of title 10, U.S.C., by providing technical, contracting, and 
specialized equipment support. These events may be funded by the SISC 
Defense Account pursuant to title 10 U.S.C. 2564 and include:
    (A) The Special Olympics.
    (B) The Paralympics.
    (C) Sporting events sanctioned by the United States Olympic 
Committee (USOC) through the Paralympic Military Program.
    (D) Other international or domestic Paralympic sporting events that 
are held in the United States or its territories, governed by the 
International Paralympic Committee, and sanctioned by the USOC:
    (1) For which participation exceeds 100 amateur athletes.
    (2) In which at least 10 percent of the athletes participating in 
the sporting event are either members or former members of U.S. 
Military Services who are participating in the sporting event based 
upon an injury or wound incurred in the line of duty or veterans who 
are participating in the sporting event based upon a service-connected 
disability.
    (vi) Planning for DoD support to the Olympics and certain other 
sporting events requires additional considerations.
    (A) Subsections (a) and (b) of section 2564 of title 10, U.S.C., 
authorize the Secretary of Defense to provide assistance for the 
Olympics and certain other sporting events. Unless the event meets the 
specific requirements stated in paragraph (b)(2)(v) of this section, 
the Attorney General must certify that DoD security and safety 
assistance is necessary to meet essential security and safety needs of 
the event.
    (B) The Department of Defense, led by the ASD(HD&ASA), will 
collaborate with the CJCS, the Department of Justice, including the 
FBI, and other appropriate DoD Components and Federal departments or 
agencies, usually as part of a Joint Advisory Committee (JAC), to 
provide a recommendation to the Attorney General on what categories of 
support the Department of Defense may be able to provide to meet 
essential security and safety needs of the event.
    (C) Support other than safety and security may be authorized for 
sporting events, but only to the extent that:
    (1) Such needs cannot reasonably be met by a source other than the 
Department of Defense.
    (2) Such assistance does not adversely affect military 
preparedness.
    (3) The requestor of such assistance agrees to reimburse the 
Department of Defense, in accordance with the provisions of title 10 
U.S.C. 377, 2553-2555, and 2564; title 31 U.S.C. 1535-1536; and other 
applicable provisions of law.
    (vii) Types of support that the Department of Defense can provide 
include, but are not limited to:
    (A) Aviation.
    (B) Communications (e.g., radios, mobile telephones, signal 
integrators).
    (C) Security (e.g., magnetometers, closed-circuit televisions, 
perimeter alarm systems, undercarriage inspection devices).
    (D) Operations and Command Centers (e.g., design and configuration, 
video walls).
    (E) Explosive ordnance detection and disposal (technical advice, 
explosive ordnance disposal teams, explosive detector dog, dog teams).
    (F) Logistics (transportation, temporary facilities, food, 
lodging).
    (G) Ceremonial support (in coordination with the ASD(PA)).
    (H) Chemical, biological, radiological, and nuclear threat 
identification, reduction, and response capabilities.
    (I) Incident response capabilities (in coordination with the 
Department of Justice, DHS, the Department of Health and Human 
Services, and in consultation with appropriate State and local 
authorities).
    (viii) DoD personnel support of special events is provided using a 
total force sourcing solution that may include Active Duty and Reserve 
Component military personnel, DoD civilian personnel, and DoD 
contractor personnel. The Department of Defense also may decide to 
respond to requests for assistance by approving, with the consent of 
the Governor(s) concerned, National Guard forces performing duty 
pursuant to title 32 U.S.C. 502.
    (A) National Guard personnel conducting support of special events 
while on State active duty, at the direction of their Governor or 
Adjutant General, are not considered to be providing DoD support of 
special events.
    (B) This part does not limit or affect Department of Defense and 
National Guard personnel volunteering to support special events during 
their non-duty time. This volunteer support is not considered as part 
of DoD support of special events. Volunteers are prohibited from 
obligating or using DoD resources to support a special event while in a 
volunteer status except as authorized by separate statute or authority.
    (3) Coordination. (i) Coordination of DoD support of special events 
will likely take place simultaneously with engagement and planning; 
operate across the full spectrum of strategic, operational, and 
tactical levels; and occur internally among DoD Components and 
externally with supported civil authorities and qualifying entities.
    (A) Policy coordination at the departmental level between the 
Department of Defense and other Federal departments or agencies is the 
responsibility of the ASD(HD&ASA). Other DoD Components may send 
representatives to these meetings with the prior concurrence of the 
ASD(HD&ASA). Standing departmental-level special events coordination 
meetings include:
    (1) USSS-led NSSE Working Group.
    (2) DHS-led Special Events Working Group.
    (3) Department of State, Bureau of Diplomatic Security-led 
International Sporting Event Group.
    (B) Coordination within the Department of Defense is led by the 
ASD(HD&ASA) and is facilitated by the CJCS for the Combatant Commands 
and other joint commands and by other DoD Component Heads for their 
constituent elements.
    (C) The CJCS will work with the Military Service Chiefs, the Chief 
of the National Guard Bureau, and the Heads of DoD Components when 
subject matter expertise is needed for the event organizers. This will 
be based upon location and other criteria, as needed.
    (ii) Inputs to the DHS-produced Integrated Federal Support Overview 
(IFSO) will be solicited by the CJCS and sent to the ASD(HD&ASA) for 
consolidation and deconfliction prior to final submission to DHS. DoD 
Component Heads not tasked by the Joint Staff will submit their input 
directly to the ASD(HD&ASA).
    (iii) RFAs for DoD support will adhere to the following:
    (A) An RFA for DoD support to a special event may be made by 
Federal, State, or local civil authorities, or by qualifying entities.
    (B) RFAs will be in writing and addressed to the Secretary of 
Defense, the Deputy Secretary of Defense, or the

[[Page 22676]]

DoD Executive Secretary, 1000 Defense, Pentagon, Washington, DC 20301-
1000. DoD Components who receive RFAs directly from the requestor will 
immediately forward them to the DoD Executive Secretary for 
disposition, distribution, and tracking.
    (C) At a minimum, the RFA will be distributed to the ASD(HD&ASA) 
and the CJCS for staffing and recommendation. If the RFA is for a 
single capability for which a DoD Component is the OPR or serves as a 
DoD Executive Agent, the RFA is sent to that Component for action with 
an information copy provided to the ASD(HD&ASA) and the CJCS.
    (D) Vetting of RFAs will be in accordance with the DoD Global Force 
Management process and consistent with criteria published in DoD 
8260.03-M, Volume 2 (see 
http://www.dtic.mil/whs/directives/corres/pdf/826003m_vol2.pdf).
    (E) Heads of DoD Components will consult with the DoD Executive 
Secretary on which DoD official will communicate DoD special event 
support decisions to the requesting authorities.
    (4) Execution. Execution of DoD support of special events is a 
shared responsibility. The scope and magnitude of the support being 
provided will determine the OPR and level of execution.
    (i) When joint military forces or centralized command and control 
of DoD support to a special event are anticipated or required, a 
Combatant Commander may be identified as the supported commander in a 
properly approved order issued by the CJCS. The designated Combatant 
Command shall be the focal point for execution of DoD support to that 
special event with other DoD Components in support. Reporting 
requirements shall be in accordance with the properly approved order 
issued by the CJCS and standing business practices.
    (ii) When there are no joint military forces required and there is 
no need for centralized command and control, DoD support of special 
events shall be executed by the CJCS or the Head of a DoD Component, as 
designated in a properly approved order or message issued by the CJCS. 
Oversight of DoD support will be provided by the ASD(HD&ASA).
    (iii) As described in the Joint Action Plan for Developing Unity of 
Effort, when Federal military forces and State military forces are 
employed simultaneously in support of civil authorities in the United 
States, appointment of a dual-status commander is the usual and 
customary command and control arrangement. Appointment of a dual-status 
commander requires action by the President and the appropriate Governor 
(or their designees).
    (5) Recovery. (i) Durable, non-unit equipment procured by the 
Department of Defense to support a special event shall be retained by 
the CJCS for use during future events in accordance with Sec.  
183.5(i)(7) of this part.
    (ii) An after-action report shall be produced by the Combatant 
Command or OPR and sent to the ASD(HD&ASA) and the CJCS within 60 days 
of completion of the event.

    Dated: April 6, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-9148 Filed 4-16-12; 8:45 am]
BILLING CODE 5001-06-P


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