CHAIRMAN OF THE JOINT

CHIEFS OF STAFF
INSTRUCTION

Directive current as of 12 June 2014

J-3 CJCSI 3710.01B

DISTRIBUTION: A, C, S 26 January 2007

DOD COUNTERDRUG SUPPORT

References: See Enclosure B.

1. Purpose. This instruction promulgates Secretary of Defense (SecDef)

delegation of authority to approve counterdrug (CD) operational support
missions. It also provides, in accordance with (IAW) the National Defense
Authorization Act for 2002, as amended, instructions on authorized types of
DOD CD support to law enforcement agencies (LEA), other government
agencies, and foreign nations.

2. Cancellation. This instruction cancels CJCSI 3710.01A, 30 March 2004.

3. Applicability. This instruction is applicable to Military Departments and

combatant commands and subordinate organizations conducting and
supporting CD operations.

4. Policy. See Enclosure A.

5. Definitions. See the Glossary. Abbreviations and acronyms are established

throughout the text in Enclosure A.

6. Responsibilities. See Enclosure A.

7. Summary of Changes. Pursuant to SecDef discretion, this instruction:

a. Provides authority and guidance to CDRUSSOUTHCOM for domestic

CD/law enforcement activities as a result of the 2006 Unified Command Plan
expanding USSOUTHCOM’s area of responsibility to include Puerto Rico and
the US Virgin Islands.

b. Promulgates SecDef authority to Military Department Secretaries to

 CJCSI 3710.01B
26 January 2007
relinquish forces to CDRUSNORTHCOM to exercise TACON to conduct CD
operational support to US LEAs for missions that have combatant commander
approval delegation.

8. Releasability. This instruction is approved for public release; distribution is

unlimited. DOD components (including the combatant commands), other
federal agencies, and the public may obtain copies of this instruction through
the Internet from the CJCS Directives Home Page--
http://www.dtic.mil/cjcs_directives. Copies are also available through the
Government Printing Office on the Joint Electronic Library CD-ROM.

9. Effective Date. This instruction is effective upon receipt.

For the Chairman of the Joint Chiefs of Staff:

WALTER L. SHARP
Lieutenant General, USA
Director, Joint Staff

Enclosures:

A - DOD Counterdrug Operational Support

B - References
GL - Glossary

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DISTRIBUTION

Distribution A and C, plus the following:

Copies

Secretary of Defense........................................................................................ 2
Secretary of State............................................................................................ 2
Chairman of the Joint Chiefs of Staff............................................................... 1
Attorney General, Department of Justice......................................................... 2
Secretary of Agriculture (Law Enforcement and Investigations) ........................ 2
Secretary of the Interior (Ranger Activity Division) ........................................... 2
Secretary of Homeland Security ...................................................................... 2
Secretary of the Treasury ................................................................................ 2
Director, Office of National Drug Control and Policy ........................................ 2
Director, Central Intelligence Agency ............................................................... 2
Commander, North American Aerospace Defense Command............................ 2
Commander, United States Northern Command.............................................. 2
Chief, National Guard Bureau ......................................................................... 1
Director, Defense Intelligence Agency .............................................................. 2
Director, Defense Information Systems Agency................................................ 2
Director, Defense Logistics Agency .................................................................. 1
Director, National Geospatial - Intelligence Agency .......................................... 2
Director, National Security Agency .................................................................. 2
Chief, Information Management Division, Joint Secretariat, Joint Staff............ 2
President, National Defense University ............................................................ 1
President, Naval War College ........................................................................... 1
United States Coast Guard.............................................................................. 2

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26 January 2007

(INTENTIONALLY BLANK)

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TABLE OF CONTENTS

ENCLOSURE PAGE

A − DOD COUNTERDRUG OPERATIONAL SUPPORT.................................... A-1

General .............................................................................................. A-1

DOD Support Not Covered By This Instruction ..………..…………………A-2
DOD CD Support................................................................................ A-2
CD Support − General ...................................................................... A-3
Aerial Reconnaissance Support ....................................................... A-3
Ground Reconnaissance Support .................................................... A-4
Tunnel Detection Support ............................................................... A-4
Diver Support ................................................................................. A-4
Linguist and Intelligence Analyst Support ....................................... A-4
Transportation Support .................................................................. A-4
Use of Military Vessels for LEA Operating Bases .............................. A-5
Equipment Maintenance and Operation Support ............................. A-5
Command, Control, Communications, Computer,
and Intelligence (C4I) and Network Support ............................... A-5
Technology Demonstrations ............................................................ A-5
CD Support − Domestic ..................................................................... A-5
General Delegations ........................................................................ A-5
CD-Related Training of Law Enforcement Personnel ......................... A-6
Engineering Support ........................................................................ A-6
CD Support − Foreign ........................................................................A-6
General Delegations.........................................................................A-6
Transportation Support ................................................................... A-8
SecDef Pre-Approved CD Operational Support Plans ........................... A-8
Coordinating Instructions ................................................................... A-9
DOD Support Requests..................................................................... A-9
LEA Support Request Processing ...................................................... A-9
LEA Fixed-Winged Transportation Support Requests ...................... A-10
Intelligence Support Processing....................................................... A-11
Operations on Private Property........................................................ A-11
DOD Participation in LE Activities................................................... A-11
Redelegation of Authority ................................................................ A-12
CD Operations in Another CDR’s AOR ............................................ A-12
Minor Changes to SecDef-Approved Missions .................................. A-12
Significant Changes to SecDef-Approved Plans................................ A-13
GCC Procedures for Approving CD Operational Support Missions ... A-13
Public Affairs .................................................................................. A-14
Requests Received by Non-GCCs..................................................... A-14

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Human Rights Verification .............................................................. A-14
Required Information for Mission Approvals or Changes.................. A-14
Command and Control Relationships.............................................. A-16
Standing Rules of Engagement/Standing Rules for the Use of Force
(SROE/SRUF) for US Forces....................................................... A-17
Funding and Reimbursement............................................................ A-17
Corrections, Modifications, and Additions ......................................... A-18
Guidance on Conflicting Policy.......................................................... A-18

B − REFERENCES .......................................................................................B-1

GLOSSARY ...............................................................................................GL-1
Abbreviations and Acronyms ............................................................GL-1
Definitions........................................................................................GL-3

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ENCLOSURE A

DOD COUNTERDRUG OPERATIONAL SUPPORT

1. General

a. This instruction supersedes CJCSI 3710.01A, 30 March 2004, “DOD

Counterdrug Support.” The Secretary of Defense has delegated authority, as
specified in CJCS message 190050Z Dec 91 (hereby superseded) (reference r),
to the geographic combatant commanders (GCCs) to approve requests for DOD
CD support to the following agencies:

(1) Domestic LEAs, including US federal, state, territorial, tribal, and

local agencies.

(2) Other US government departments or agencies with CD

responsibilities.

(3) Foreign law enforcement agencies with CD responsibilities, including

foreign military forces with CD responsibilities pursuant to requests from US
federal LEAs or other US government agencies with CD responsibilities.

b. The Secretary of Defense retains approval authority for all CD support

not specifically delegated and outlined in this instruction. The Secretary of
Defense expressly reserves approval authority for:

(1) All DOD support requiring the transfer of operational control

(OPCON) of forces between combatant commanders, except as otherwise
described and delegated herein.

(2) Requests for listening and observation posts and mobile patrols.

(3) Requests (pursuant to reference b, section 1004(b)(6) (as amended),

or otherwise) to target or track suspicious buildings, vehicles, vessels, or
persons in the United States to provide their continuing coordinates to LEAs or
to conduct systematic and deliberate observation on a continuing basis, unless
the activity is a proper continuation of an approved ground, aerial, or maritime
detection and monitoring mission under provisions of 10 USC 124 (reference
a). The restriction against these types of activities (see reference c and 18 USC
1385) is not intended to preclude approval of continuing visual observation
from a fixed point on the ground as a part of otherwise approved military
training missions but may limit it.

(4) Requests (pursuant to reference b, section 1004(b)(6) (as amended))

for the monitoring of suspected illegal drug air, sea, and surface traffic bound
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26 January 2007
for the United States (for handoff to an LEA) first detected outside the
boundary of the United States to within 25 miles of US territory (including 25
miles from the 12 nautical mile territorial sea limit).

2. DOD Support Not Covered By This Instruction. This instruction does not
apply to the following activities:

a. Detection and Monitoring (D&M). D&M operations are military missions

conducted to detect and track the aerial and maritime transit of illegal drugs
into the United States, under the authority of 10 USC 124. Although not
conducted at their request, D&M operations support the CD enforcement
efforts of federal, state, local, and foreign LEAs. GCCs are delegated the
authority to conduct D&M within their AORs with theater-assigned forces.
However, D&M missions conducted under the authority of 10 USC 124
(reference a), using forces not assigned to the GCC, are addressed in separate
execute orders and not covered by this instruction.

b. Request from law enforcement to use DOD equipment without operators

or to use DOD buildings or facilities. Requests for this support will be
processed IAW departmental and agency regulations and procedures.

c. Military working dog support (reference p).

d. Sensitive support to special activities (reference q).

3. DOD CD Support. This instruction applies only to DOD CD support

specifically requested by LEAs provided by or involving DOD personnel in
connection with CD missions, including training and associated technical and
administrative support (as described in reference b, section 1004(a) (as
amended)). Types of CD support include the following:

a. Maintenance and repair of loaned defense equipment to preserve the

potential future utility or to upgrade to ensure compatibility of that equipment
(reference b, section 1004(b)(1) & (2) (as amended)).

b. Transportation support (reference b, section 1004(b)(3) (as amended)).

c. Establish and/or operate bases or training facilities (includes engineer

support) (reference b, section 1004(b)(4) (as amended)).

d. CD-related training of law enforcement personnel (reference b, section

1004(b)(5) (as amended)).

e. Detect, monitor, and communicate the movement of air and sea traffic
within 25 miles of and outside United States borders (reference b, section
1004(b)(6)(A) (as amended)).
A-2 Enclosure A
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26 January 2007

f. Detect, monitor, and communicate the movement of surface traffic

detected outside US borders for up to 25 miles within the United States
(reference b, section 1004(b)(6)(B) (as amended)).

g. Engineering support (roads, fences, and lights) at US borders (reference

b, section 1004(b)(7) (as amended)).

h. Command, control, communications, computer, and intelligence (C4I)

and network support (reference b, section 1004(b)(8) (as amended)).

i. Linguist support (reference b, section 1004(b)(9) (as amended)).

j. Intelligence analyst support (reference b, section 1004(b)(9) (as

amended)).

k. Aerial reconnaissance support (reference b, section 1004(b)(10) (as

amended)).

l. Ground reconnaissance support (reference b, section 1004(b)(10) (as

amended)).

m. Diver support (10 USC 371).

n. Tunnel detection support (10 USC 371).

o. Use of military vessels for LEA operating bases by Coast Guard personnel
(10 USC 379).

p. Technology demonstrations (10 USC 380).

4. CD Support – General

a. Aerial Reconnaissance Support. GCCs may authorize the use of the

following:

(1) Radar and sensors, including synthetic aperture radar, forward-

looking infrared, and electro-optic devices.

(2) Unmanned aerial vehicles.

(3) Aerial visual and photographic reconnaissance, and national

overhead and aerial imagery.

b. Ground Reconnaissance Support

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(1) GCCs may authorize the use of the following:

(a) Unattended ground sensors.

(b) Ground surveillance radar.

(2) Initial detection and reporting of the presence or movement of

buildings, vehicles, vessels, or persons within surface areas is permitted.

c. Tunnel Detection Support. GCCs may approve missions to support LEA

tunnel detection operations IAW provisions within this instruction. DOD
personnel may not search, enter, or otherwise participate directly in law
enforcement operations.

d. Diver Support. During missions approved to conduct subsurface hull

inspections and training, divers may visually inspect and report to LEAs any
unusual physical hull configurations. Divers may not attempt entry or search,
or alter features detected.

e. Linguist Support and Intelligence Analyst Support. GCCs may approve

requests for support under the authority of reference b, section 1004(b)(9) (as
amended), subject to the requirements outlined in references c and d (for
intelligence analysts only) and concurrence by the Military Department or DOD
Component General Counsel. This delegation does not include the authority to
approve cryptologic support, real-time translation of oral or wire intercepts,
direct participation in interrogation activities, or the use of counterintelligence
assets for CD purposes.

f. Transportation Support

(1) GCCs may approve requests for CD activity-related transportation

support under the authority of reference b, section 1004(b)(3) (as amended),
subject to the policy guidance outlined in reference e. USTRANSCOM
concurrence is required for use of its assets for Special Assignment Airlift
Missions (SAAM) when inadequate airframes exist for equivalent priority DOD
missions. This delegation is constrained by subparagraph (4) below.

(2) GCCs may approve requests for transportation support under the
authority of 10 USC 374, pursuant to the procedures outlined in reference f
and the policy guidance outlined in reference e. Such transportation requests
must be coordinated with the Attorney General and, if the transportation is to
or from foreign locations, the Secretary of State. GCCs approving
transportation requests under this authority will provide notification to the
DOD Office of General Counsel (OGC). This delegation is constrained by
subparagraph (4) below.

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26 January 2007
(3) Except for extradition requests, federal LEA requests for
transportation support will be submitted to the supported GCC (or as further
delegated IAW this instruction) in whose area of responsibility the mission is to
originate. The responsible federal LEA, through its parent or national
headquarters, must forward extradition requests to the DOD Executive
Secretary, who will forward approved requests to the Joint Staff for action.

(4) GCCs are not authorized to approve transportation support in direct

tactical support of the operational portions of ongoing LEA or foreign LEA
operations, or of any activities where CD-related hostilities are imminent. If
criminal evidence or prisoners seized by LEAs are brought aboard DOD
aircraft, vehicles, or vessels being used to provide transportation support, such
evidence and/or prisoners will remain solely within the control and custody of
the LEAs.

g. Use of Military Vessels for LEA Operating Bases. The use of military
vessels as a base of operations for LEAs, except when approved under reference
b, requires SecDef and Attorney General approval. The Secretary of Defense
has not delegated authority to approve use of military vessels for LEA operating
bases in the territorial waters of a host nation (HN). Such approval
coordination will be pursued as the same manner in for linguist support
described in subparagraph 4.e. above and include prior notification to DOD
OGC.

h. Equipment Maintenance and Operation Support. Authority is delegated

to approve maintenance and operation support IAW references b and f but does
not include the cost of parts or equipment to be funded under reference b or
other sources.

i. Command, Control, Communications, Computer, and Intelligence (C4I)

and Network Support. Assistance in establishing and maintaining C4I and
networking support to provide improved integration of law enforcement, active
military, and National Guard activities will be IAW reference b, section
1004(b)(8) (as amended).

j. Technology Demonstrations. Technology demonstrations may be

conducted in coordination with the DOD Counternarco-Terrorism Technology
Program Office, and technology requirements may be developed based on
stated LEA needs (10 USC 380).

5. CD Support − Domestic

a. General Delegations. With regard to the general delegations in

paragraph 4 above and the delegations contained in this paragraph, the
Secretary of Defense has delegated approval authority to CDRUSNORTHCOM,
CDRUSSOUTHCOM, and CDRUSPACOM, as appropriate, for the following:

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26 January 2007

(1) CD support involving no more than 400 personnel for any one
mission.

(2) CD support not exceeding 179 days for any one mission.

(3) DOD personnel are not authorized to accompany LEAs on actual CD

field operations nor may they participate in activities where CD-related
hostilities are imminent.

(4) CDRUSNORTHCOM/CDRUSSOUTHCOM/CDRUSPACOM will first

determine if the state (and/or territory) National Guard (title 32 forces) can
provide the requested support. If the state (and/or territory) National Guard
cannot provide the forces, CDRUSNORTHCOM/CDRUSSOUTHCOM/
CDRUSPACOM will determine if the request is feasible, supportable, and
consistent with DOD policy IAW reference g.

(5) GCCs/Military Departments may approve the transfer of their units,

personnel, and equipment to support Joint Task Force-North (JTF-N)/
USNORTHCOM CD missions. GCCs/Military Departments may delegate
approval authority. When approving support to JTF-N/USNORTHCOM, the
GCC/Military Department will determine whether or not the proposed mission
satisfies the readiness and military training value requirements of reference g.

b. CD-Related Training of Law Enforcement Personnel.

CDRUSNORTHCOM/CDRUSSOUTHCOM/CDRUSPACOM may approve
training for LEA personnel in the United States. Per reference g, no advanced
military training will be provided to LEA personnel. However, the US Army
Military Police School may continue to train LEA personnel in the Counterdrug
Special Reaction Team Course, Counterdrug Field Tactical Police Operations
Training, and Counterdrug Marksman/Observer Course (reference g). On an
exceptional basis, CDRUSSOCOM may approve such training by special
operations forces (reference n).

c. Engineering Support. CDRUSNORTHCOM/CDRUSPACOM may approve

engineering support in the United States. Per reference g, military engineering
support is limited to the southwest border and defined as mobility and
countermobility (fences, lights, roads) efforts. This includes approval of
materiel purchases necessary to support DOD mission personnel but does not
include military construction or provision of other materials. See reference b,
section 1004(b)(7) (as amended).

6. CD Support − Foreign

a. General Delegations. With regard to the general delegations in

paragraph 4 above and the delegations contained in this paragraph, the

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26 January 2007
Secretary of Defense has delegated approval authority for CD support outside
the United States; the Secretary of Defense has delegated approval authority
for CD support to GCCs for:

(1) Planning and Coordination Visits. Planning and coordination visits

to American Embassies (contingent on Embassy approval) may be conducted
with theater-assigned

(2) Intelligence Analyst Support. Intelligence analyst support may be

provided to US Ambassadors using theater-assigned forces (consistent with
references c and d). This approval is subject to DoD Component General
Counsel concurrence when military intelligence component and/or Military
Department personnel are used in support of LEAs, per reference c and
component’s implementing directives:

(a) At respective US Embassies or consulates.

(b) At US regional analysis centers.

(3) Planning and Coordination Visits. Planning and coordination visits

of 10 personnel or less for 60 days or less to HN headquarters (contingent on
American Embassy approval) may be conducted with theater-assigned or
allocated forces to accomplish the GCC’s D&M mission or to support the US
Ambassador’s CD effort with expert advice or assistance to the US Country
Team.

(4) Linguist Support. Includes translator and interpreter support

consistent with reference c. This approval is subject to DoD Component
General Counsel approval when military intelligence components and/or
personnel are used to support LEAs, as defined in reference c and component
implementing directives. This delegation does not include authority to approve
cryptologic support, real-time translation of oral or wire intercepts, direct
participation in interrogation activities, or the use of counterintelligence assets
for CD purposes. Linguist missions to locations outside American Embassies
will be limited to short-duration visits (not to exceed 30 days) of no more than
10 persons to primary HN and US C4I headquarters for the express purpose of
accomplishing the mission of supporting the Ambassador’s CD effort.

(5) CD-Related Training of Law Enforcement Personnel

(a) GCCs may approve CD-related training of foreign law enforcement

personnel requiring no more than 50 theater-assigned personnel for no more
than 45 days with HN and Country Team approval and notification.

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26 January 2007
(b) GCCs may approve CD-related technical and administrative
support team deployments requiring no more than 25 personnel for no more
than 179 days with HN and Country Team approval and notification.

b. Transportation Support. Transportation, consistent with the provisions

of subparagraph 4.f., may be provided. Delegated authority does not authorize
supported GCCs to approve transportation support of personnel in direct
tactical support of the operational portions of ongoing LEA or foreign law
enforcement agency operations. If transportation support is provided to foreign
law enforcement agencies IAW reference b, additional notification to the Office
of the Secretary of Defense – Special Operations & Low-Intensity Conflict
(Counternarcotics), IAW subparagraph 8.k.(4.) of this CJCSI, will be sent in
order to facilitate required congressional and other notifications.

7. SecDef Pre-Approved CD Operational Support Plans. Supported GCCs may

approve LEA requests for operational support that are part of SecDef pre-
approved operations, subject to the following:

a. Supported GCCs must gain approval of the overall concept of operations

from the Secretary of Defense prior to commencing operations. Supported
commanders (CDRs) will provide the concept of operations to the Joint Staff/J-
3/JOD for review and DOD and interagency staffing at least 90 days prior to
the scheduled start date.

b. Proposed activities must be consistent with policy, fiscal, and legal

constraints.

c. Foreign CD operational support must have HN and US Ambassador

approval.

d. Supporting GCC and/or Military Department coordination concerning

resource availability, deployment times, and dates are required prior to
forwarding plan for approval.

e. SecDef approval of the overall plan authorizes the supported GCCs to

issue deployment and execute orders and to approve participants’ travel for
coordinating mission details.

f. Requests for location changes, mission changes, and mission extensions

to the approved plan that exceed the authority of the GCCs delegated in this
instruction will be forwarded to the Joint Staff/J-3 for action.

g. The supported GCC must provide notification IAW subparagraph 8.l.,

within the required timeframes (whenever feasible), prior to executing each
specific support activity that is a part of pre-approved operations plan (whether
involving one or several countries).
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h. Requests to conduct planned reconnaissance support will be submitted

IAW reference h, if applicable.

8. Coordinating Instructions

a. DOD Support Requests. Requests for DOD CD support to a department

or agency of the federal government must originate with an appropriate
department or agency official responsible for CD activities. Request for DOD
CD support to a state or local government agency must come from an
appropriate official of the state or local government agency. Support to foreign
law enforcement agencies must be requested by an official of a department or
agency of the US federal government who has CD responsibilities and must
have the concurrence of the US Ambassador of the HN in which the mission
will be conducted as well as concurrence of an appropriate HN CD authority.
See reference b, section 1004(a) (as amended).

b. LEA Support Request Processing

(1) Domestic LEA requests for DOD operational and other types of CD
support will be submitted through JTF-N (or IAW CDRUSNORTHCOM policy)
for the continental United States and Alaska; CDRUSSOUTHCOM for Puerto
Rico and the US Virgin Islands (or IAW CDRUSSOUTHCOM policy);
CDRUSPACOM for Hawaii (or IAW CDRUSPACOM policy); or the appropriate
state National Guard (NG) CD coordinator.

(2) Foreign requests for DOD operational and other types of CD support
should be submitted directly to the appropriate joint interagency task force or
supported commander for consideration.

(3) IAW references g and i, the following criteria must be met before
requests for DOD support are approved.

(a) The requested support must have a valid CD activities nexus.

(b) Each request for domestic CD operational support and other types
of CD support must originate with a federal, state, or local government agency
that has responsibility for CD operations. Support to foreign LEAs must
originate with a US federal LEA or federal agency with CD responsibilities per
reference b, section 1004(a) (as amended).

(c) Each request must solicit support that the Department of Defense
is authorized to provide pursuant to law and subject to the provisions of this
instruction.

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 CJCSI 3710.01B
26 January 2007
(d) Support must clearly assist the requesting agency with the CD
activities of the agency.

(e) Support must be consistent with DOD implementation of the

National Drug Control Strategy.

(f) All approved CD operational and other types of CD support must

have military training value to the supporting unit or be consistent with DOD
policy.

(g) Active duty (Title 10) forces will not be used for continuing,
ongoing, long-term operational support commitments at the same domestic
location.

c. LEA Fixed-Winged Transportation Support Requests. The supported

GCC has approval authority, with USTRANSCOM and Deputy Assistant
Secretary of Defense for Counternarcotics concurrence, for use of
USTRANSCOM assets for SAAM missions, for fixed-wing transportation
support to federal LEAs (reference e).

(1) DOD policy is to support Federal, state, and local LEA transportation
requests to the maximum extent possible. State and local LEAs requesting
fixed-wing transportation support must first submit requests to their state NG
CD coordinators. If the NG cannot provide the support, state or local LEAs
should coordinate with a Federal LEA to sponsor and forward their request to
the Department of Defense for consideration. Federal LEA requests and
Federal LEA-sponsored requests for controlled deliveries and other personnel
and equipment movements should be submitted in writing by the
national/Washington, D.C., headquarters of the requesting department or
agency and should be signed by the national-level director of operations or
other equivalent authority.

(2) Requests should include required date, time, and location of pickup
and delivery points; detailed cargo and passenger descriptions; detailed
rationale for DOD support; and a 24-hour point of contact at the on-load and
off-load location.

(3) Priority of support is listed below and is IAW reference e.

(a) The first priority will be controlled delivery requests that involve
on-going, real-time, time-sensitive operations, and a significant amount of
drugs, or the disruption of a major organization.

(b) The second priority will be to support other personnel and

equipment movements that are directly linked to ongoing CD operations. To
the maximum extent possible, these missions will be supported with regularly
A-10 Enclosure A
 CJCSI 3710.01B
26 January 2007
scheduled channel aircraft. When necessary, because of mission requirements
and size of the load, dedicated aircraft (SAAM sorties) may be used to support
these missions. DOD will not support administrative-type movements, such as
conferences, routine personnel and equipment deliveries that can be
accomplished with commercial aircraft and other similar missions.

d. Intelligence Support Processing

(1) Information relevant to a violation of federal or state law that may be

incidentally collected by DOD in the United States during the normal course of
military training or operations in support of LEA per 10 USC 371 will not
constitute collection of intelligence if provided solely to the requesting LEA.
When the request for support to a civilian LEA, IAW DODD 5525.5 and this
CJCSI, involves foreign intelligence or counterintelligence support, it is an
intelligence activity, subject to intelligence oversight, and will be processed in
accordance with Procedure 12 of DOD 5240.1-R. When the request for DOD
intelligence component capability support to civilian LEAs, IAW DODD 5525.5
and this CJCSI, does not involve foreign intelligence or counterintelligence,
retention must be consistent with DODD 5200.27. Retention by the
Department of Defense beyond 90 days is only authorized if collected and
retained IAW ref c.

(2) If DOD is collecting and retaining the information IAW ref c, Defense
Intelligence Agency (DIA) has responsibility for validating, registering,
assigning, recommending priorities for, and monitoring DOD collection
activities by DOD intelligence components conducting intelligence activities for
the Department per reference j. DIA retains responsibility for maintaining and
operating facilities for DOD imagery indexing, processing, duplication,
evaluation, exploitation, and central repository services in support of the
Department of Defense and other authorized recipients. DIA point of contact is
DIA Counter-Narcotics Trafficking Office, 703-602-3212 (STU III).

(3) Any requests for support involving cryptologic resources must be

approved by the Director of Crime and Narcotics (DCN) and National Security
Agency (NSA). Also, the Department of Defense, including the Department of
Defense General Counsel, must concur in such requests. Notify DCN of any
requests for cryptologic support outside the United States or its territories.
NSA point of contact is the Office of the DCN, 301-688-0080 (commercial/STU
III)(DIRNSA FT GEORGE G MEADE MD//DCN//).

e. Operations on Private Property. Any requests involving DOD personnel

operating on domestic private land without the written permission of the
landowner must be forwarded to the Joint Staff/J-3 for action.

f. DOD Participation in LE Activities. Supported GCCs will ensure that

DOD personnel do not directly participate in law enforcement activities such as
A-11 Enclosure A
 CJCSI 3710.01B
26 January 2007
search, seizure, arrest, or other similar activities unless otherwise authorized
to do so by law.

g. Redelegation of Authority

(1) Supported GCCs may further delegate approval authority (subject to

the limitations of paragraphs 4 through 6) to general/flag officers within their
chains of command. Supported GCCs will provide instructions (within the
limitations of this instruction) with any delegation of approval authority to their
delegates. Instructions will include a requirement for legal review of all
proposed support before it is approved. Initial denial authority rests with the
first general/flag officer in the support request process. Supported GCCs will
make final disposition on appeals.

(2) Delegation or redelegation of approval authority neither constitutes

nor implies tasking authority over forces not under the OPCON of the
supported CDR. Supported GCCs and their delegates, when so specified in the
delegation, are authorized direct liaison with Military Departments and other
CDRs to coordinate use of non-theater-assigned forces. In situations involving
individual augmentation, the provisions of references g and i also apply.

h. CD Operations in Another CDR’s AOR. When performing CD support

missions, forces may temporarily cross combatant commander AOR
boundaries. When this situation occurs, the combatant commander whose
boundary is crossed must be immediately notified. All efforts should be made
prior to operations to obtain concurrence from the combatant commander
whose AOR could be crossed during missions. Minor missions of limited
duration may be telephonically coordinated and followed-up with a message.

i. Minor Changes to SecDef-Approved Missions. For minor changes to CD

operational and other types of support missions already approved by the
Secretary of Defense:

(1) The supported GCC may approve minor changes in dates for
deployment (up to 30 days after, but not earlier than, the date approved by the
Secretary of Defense) and minor changes in redeployment (plus or minus 30
days from the date previously approved). Dates of deployment (vice execution)
and redeployment are defined as the dates of travel. This subparagraph does
not authorize the supported GCC to extend the duration of the employment or
mission support phase; however, it does authorize the supporting CDR to
deploy an advance party to prepare for mission execution. This subparagraph
authorizes the supported GCC to make only minor changes to the dates of
travel. When dates of deployment or redeployment slip more than 7 days,
supported GCC will provide such information to all concerned via record
message to addressees listed in original request for deployment order (RDO),

A-12 Enclosure A
 CJCSI 3710.01B
26 January 2007
with the RDO as reference (a) and the approved deployment order (DEPORD) as
reference (b).

(2) The supported GCC may approve minor changes in numbers of

deploying or deployed personnel (plus or minus 5 persons but not more than
10 percent of the approved deployment number; and the total mission number
is not to exceed 400 persons for domestic support and 50 for foreign support).
Supporting CDR concurrence is required when non-theater personnel are
involved.

(3) For change of locations within the country in which a deployment is

taking place, the supported CDR is authorized to approve location changes
when the HN and/or the US Embassy requests the change to enhance the
security of US personnel. The supported GCC will notify via record message
the Chairman, Secretary of Defense, and all addressees listed in note 19 using
the original request for RDO as reference (a) and approved DEPORD as
reference (b).

j. Significant Changes to SecDef-Approved Plans. SecDef approval is

required for changes to a SecDef-approved plan when:

(1) Changes in deployment or redeployment dates are more than 30 days

or changes increase the duration of the mission.

(2) Numbers of deploying or deployed personnel exceed that reported in

the initial notification by 5 persons or 10 percent of the total approved
deployment number (whichever is greater).

(3) The change would cause a CDR-approved mission to exceed

authorities delegated to the supported CD CDR.

k. GCC Procedures for Approving CD Operational Support Missions

(1) Whenever a request for operational and other types of CD support is

received by a supported GCC, that GCC will either take the request for action
(approval or disapproval) or forward it to the Joint Staff/J-31 for action.

(2) Requests for SecDef approval will be forwarded to the Joint Staff/J-3
at least 45 days prior to execution date with information specified in
subparagraph 8.o. below.2

1 Use J-3/ROD for reconnaissance assets, J-3/SOD for special operation forces, J-3/DDIO for PSYOP
assets, J-3 AT/HD for USNORTHCOM missions, and J-3/JOD for all other missions.
2 Message address should include the following as applicable: Joint

Staff(J3/SOD/JOD/ROD/DDIO/ATHD), OSD(DASD-CN), OSD(ISA), DUSD(PS), State Department (PM-

ISO/INL/applicable region (ARA, EAP, etc.)), the applicable DLEA headquarters, and appropriate Military
Department points of contact (Army—HQDA WASHINGTON DC//DAMO-ODD/SAGC/SAILE//, Air

A-13 Enclosure A
 CJCSI 3710.01B
26 January 2007

(3) When mission requests or changes to missions are approved under

delegated authority, GCCs will notify the Joint Staff at least 15 calendar days
before execution (whenever feasible) with information specified in
subparagraph 8.o. below and indicate the specific provision of this instruction
under which support was approved. An information copy of the deployment
order is appropriate. Expeditious notification of activities near the US-Mexican
border is especially important. Approving GCC will verify receipt by Joint
Staff/J-3.

(4) A notification of intent to support foreign LEAs under reference b,

clearly labeled as support to foreign LEAs and containing the same information
required by subparagraph 8.o., will be sent to OSD (DASD-CN) and OGC,
information to Joint Staff/J-3, not less than 5 working days in advance of
execution.3

l. Public Affairs. When supported GCCs or their delegates take requests for
action, they will also issue related public affairs guidance. Include this
guidance in the notification process (subparagraph 8.p.(15)).

m. Requests Received by Non-GCCs. When a CDR not authorized IAW

subparagraph 1.a. or paragraph 4 to approve CD missions, OSD, a Defense
agency, or a Military Department receives a request for DOD operational and
other types of CD support directly from a LEA or other government agency,
forward the request to the Joint Staff/J-3 for action.

n. Human Rights Verification. IAW with references i and k, GCCs will

obtain verification that Department of State possesses no credible information
of gross violations of human rights regarding the HN units or their members
with whom DOD intends to train.

o. Required Information for Mission Approvals or Changes. When SecDef

approval and deployment order are required or when notifying SecDef of a
CDR-approved mission or change, IAW references g and i, provide the following
information:

(1) Origin of the request (include name, title, and requesting LEA point
of contact and mission of the supporting unit detailed and the unit sourced).

(2) Concept of operations, including a description of command

relationships, an explanation of the CD activities nexus for the mission, an

Force—HQ USAF WASHINGTON DC//XOFI//, Navy—UNSECNAV WASHINGTON DC//OGC-OPA//, CNO

WASHINGTON DC//N515//, and Marine Corps—CMC WASHINGTON DC// POS/JA/CL//).
3 This notification may be the same as the notification required in subparagraphs 8.k.(2)&(3) but must be

clearly marked and contain the required message addresses. Requester must verify receipt with
OSD(DASD-CN/DEP-LPC) when combined with notification in subparagraphs 8.k.(2)&(3).

A-14 Enclosure A
 CJCSI 3710.01B
26 January 2007
explanation of how the requested deployment is related to CD, and information
relating to the benefit to the DOD War on Terrorism; security cooperation
objectives; readiness; or national security.

(3) Citation of the statutory authorities for providing the support,

analysis of the pertinent legal issues, and the name of the judge advocate who
reviewed the request for legal sufficiency.

(4) Deployment, mission execution start/stop, and redeployment dates.

Include dates arriving and departing HN (if applicable).

(5) Staging and operations location (specifically including the proximity

to the US southwest border, if applicable).

(6) Type (composition), size, and force component of supporting unit or

deploying force.

(7) Required number of personnel.

(8) Military Occupational Specialty, Naval Designators, or Air Force

Specialty Code of intelligence component specialty personnel, if any, and
intelligence oversight guidance, as applicable.

(9) Type and amount of equipment.

(10) Transportation arrangements, coordination, and priority.

(11) Whether or not personnel will be armed and applicable rules of

engagement or, in the case of domestic CD support missions, rules for the use
of force policy.

(12) Status protections afforded to deploying forces (legal status

applying to personnel outside the continental United States). Note: If legal
protections (e.g., a status of forces agreement) do not exist, requesting agency
should provide a risk assessment and justification for conducting the mission.

(13) Force protection measures and responsibilities.

(14) Source of DOD funding (including specific project code) and

estimated amount, if applicable.

(15) Proposed public affairs guidance.

(16) Name or specific position of official granting host government and

US Ambassador approval, if applicable.

A-15 Enclosure A
 CJCSI 3710.01B
26 January 2007
(17) For supported CD CDR-approved missions, extensions, or changes
involving non-theater assigned personnel, provide the name, rank (O-6
minimum), office, and telephone number of the person providing the
supporting CD CDR or Military Department concurrence.

(18) Country or theater clearance and passport requirements.

(19) All requests for deployment orders in which foreign forces will be
trained will include the following statement: “Embassy verifies that the
Department of State possesses no credible information of gross violations of
human rights by the (name of designated unit), or a member of that unit, as of
this date.” This certification must be made within 270 days of the starting date
of the proposed training.

(20) Miscellaneous administrative or logistics requirements

(immunizations, special or required training, uniforms, interpreter or language
requirements, special equipment, and billeting).

(21) Explanation of why existing title 32 resources cannot execute the

mission (domestic requests only).

(22) Explanation of why the Department of Homeland Security cannot

provide the requested support (domestic requests only).

(23) Status of approval of the deployment by the host country (name and
specific position of the HN official granting approval), US Chief of Mission, and
appropriate commander.

p. Command and Control Relationships

(1) Transfer of forces from a supporting CDR to a supported CDR

requires SecDef approval and a deployment order. Secretary of Defense will
designate the command authority to be relinquished and exercised in the
deployment order.

(2) The Secretary of Defense authorizes CDRUSJFCOM, CDRUSPACOM,

and CDRUSSOCOM to transfer forces to CDRUSNORTHCOM and to relinquish
TACON over those forces, and for USNORTHCOM to exercise TACON over those
forces. The Secretary of Defense also authorizes Military Department
Secretaries to provide forces to CDRUSNORTHCOM, and USNORTHCOM to
exercise TACON over those forces to conduct CD operational support to US
LEAs for missions that have combatant commander approval delegation.

(3) The Secretary of Defense authorizes CDRUSJFCOM, CDRUSPACOM,

and CDRUSSOCOM to provide tactical control of combatant commander assets

A-16 Enclosure A
 CJCSI 3710.01B
26 January 2007
to CDRUSSOUTHCOM to conduct CD operational support to US LEAs for
missions that have combatant commander approval delegation.

q. Standing Rules of Engagement/Standing Rules for the Use of Force

(SROE/SRUF) for US Forces. SROE apply to US forces during all military
operations and contingencies outside of the territory of the United States,
unless otherwise directed. Reference l provides SROE-related policy and
guidance on use of force by DOD personnel in CD support operations outside
the territory of the United States. During CD support missions in the United
States, SRUF-related policy and guidance is governed by reference l, unless
otherwise directed.

9. Funding and Reimbursement

a. It is imperative that DOD CD funds be obligated only for the specific

activity for which appropriated and transferred. Coordinate with the Military
Department that has the fiduciary funding responsibility for the proposed
activity as required. Support provided must be IAW reference b or other
statutory authority. Unless support is provided pursuant to reference a, the
requesting LEA must reimburse the Department of Defense (Economy Act)
unless the mission is provided pursuant to Chapter 18 of 10 USC and satisfies
the conditions of reference f (10 USC, section 377(b)) below:

(1) Support provided in the normal course of military training or

operations.

(2) Support is substantially equivalent to that which would otherwise be

obtained from military operations or training.

b. LEA reimbursement is not required for support provided to an LEA

under reference b as long as the support is consistent with a specific project
that has been approved for funding, is available to the CDR or Military
Department with fiduciary funding responsibility IAW subparagraph 8.a above,
or as long as funds have been specifically transferred and made available for
that type of support.

c. If reimbursement is required for the support to the LEA and the

requesting agency is either unwilling or unable to reimburse the Department of
Defense, the applicable commander, or Military Department with fiduciary
funding responsibility will forward the request through the Joint Staff for OSD
review and decision.

d. Questions involving funding propriety or availability should in all cases

be referred in comptroller channels, through the Military Department to the
Office of the Deputy Assistant Secretary of Defense for Counternarcotics
(DASD-CN, ATTN: DIR, PR&A, COMM 703-697-5606).
A-17 Enclosure A
 CJCSI 3710.01B
26 January 2007

10. Corrections, Modifications, and Additions. Corrections, modifications, and

additions to this delegation of authority will be necessary from time to time to
ensure it accurately reflects the authority delegated and operational needs of
DOD activities involved in CD support. Recommendations for changes should
be directed to the Joint Staff/J-3/JOD.

11. Guidance on Conflicting Policy. For CD operational support to US federal,

state, and local (including territorial and tribal) LEAs, where this guidance is
inconsistent with reference m, this instruction constitutes interim SecDef
guidance modifying or revising reference m.

A-18 Enclosure A
 CJCSI 3710.01B
26 January 2007

ENCLOSURE B

REFERENCES

a. Title 10, United States Code, section 124.

b. Section 1021 of the National Defense Authorization Act for Fiscal Year 2002,
Public Law No. 107-107, 115 Stat. 1212, as amended

c. DOD Regulation 5240.1-R, December 1982, “Procedures Governing the

Activities of DoD Intelligence Components That Affect United States Persons”

d. Title V of the National Security Act of 1947, as amended, Accountability for

Intelligence Activities, sections 501 and 502 (50 USC sections 413 and 413a)

e. OSD OCDEP&S memorandum, 15 November 1994, “Department of Defense

Fixed-Wing Air Transportation Support to Federal Drug Law Enforcement
Agencies”

f. Title 10, United States Code, chapter 18, sections 371-374, 377 and 379

g. DepSecDef memorandum, 2 October 2003, “Department Support to

Domestic Law Enforcement Agencies Performing Counternarcotics Activities”

h. CJCSI 3250.01C Series, “Policy Guidance for Intelligence, Surveillance and

Reconnaissance and Sensitive Reconnaissance Operations”

i. DepSecDef memorandum, 3 October 2003, “Department of Defense

International Counternarcotics Policy”

j. DOD Directive 5105.21, 18 March 2008, “Defense Intelligence Agency”

k. Joint Staff message 071300ZJUN04, “Human Rights Verification for DoD -

Funded Training Programs with Foreign Personnel”

l. CJCSI 3121.01B Series, “Standing Rules of Engagement/Standing Rules for

the Use of Force for US Forces (U)”

m. DOD Directive 5525.5, 15 January 1986, “DoD Cooperation with Civilian

Law Enforcement Officials” with Change 1, 20 December 1989

n. DepSecDef memorandum, 31 July 2002, “Department of Defense Training

Support to U.S. Civilian Law Enforcement Agencies”

B-1 Enclosure B
 CJCSI 3710.01B
26 January 2007
o. Title 18, United States Code, chapter 67, Section 1385 (Posse Comitatus
Act)

p. DOD Instruction 5525.10, 17 September 1990, “Using Military Working Dog

Teams (MWDTs) to Support Law Enforcement Agencies in Counterdrug
Missions”

q. DOD Directive S-5210.36, 6 November 2008,

“Provision of DoD Sensitive Support to DoD Components and Other
Departments and Agencies of the U.S. Government (U)”

r. Joint Publication 1-02, 12 April 2001 (as amended through 20 March 2006),
“Department of Defense Dictionary of Military and Associated Terms”

s. DOD Directive 5200.27, “Acquisitions and Information Concerning

Persons and Organizations Not Affiliated with the Department of Defense”]

B-2 Enclosure B
 CJCSI 3710.01B
26 January 2007

GLOSSARY

Part 1 – Abbreviations and Acronyms

ASD(SOLIC) Assistant Secretary of Defense (Special

Operations/Low-Intensity Conflict)

C4I command, control, communications, computers,

and intelligence
CD counterdrug
CDR commander
CDRUSPACOM Commander, United States Pacific Command
CDRUSNORTHCOM Commander, United States Northern Command
CDRUSSOUTHCOM Commander, United States Southern Command
CDRUSSOCOM Commander, United States Special Operations
Command

D&M detection & monitoring

DCN Director of Crime and Narcotics
DEPORD deployment order
DIA Defense Intelligence Agency
DOD Department of Defense

GCC global combatant command

HN host nation

IAW in accordance with

JP Joint Publication
JTF-N Joint Task Force-North

LEA law enforcement agency

NG National Guard
NSA National Security Agency

OSD (DASD-CN) Office of the Secretary of Defense (Deputy

Assistant Secretary of Defense-Counter Narcotics)
OGC Office of General Counsel
OPCON operational control
GL-1 Glossary
 CJCSI 3710.01B
26 January 2007

RDO request for deployment order

ROE rules of engagement
RUF rules for use of force

SAAM Special Assignment Airlift Missions

SecDef Secretary of Defense
SROE Standing Rules of Engagement
SROF Standing Rules for the Use of Force

TACON tactical control

GL-2 Glossary
 CJCSI 3710.01B
26 January 2007

GLOSSARY

Part 2 -- Definitions

area of operations (AO) – An operational area defined by the joint force

commander for land and naval forces. Areas of operation do not typically
encompass the entire operational area of the joint force commander but
should be large enough for component commanders to accomplish their
missions and protect their forces. (Joint Publication (JP) 1-02)

arrival zone (AZ) – In counterdrug operations, the area in or adjacent to the

United States into which illegal drugs are smuggled and from which their
initial domestic distribution begins. By air, an airstrip; by sea, an offload
point on land or transfer to small boats. (JP 1-02)

controlled delivery – The use of DOD fixed-wing aircraft for counterdrug

transportation support to domestic law enforcement agencies. Support
involves the acquisition and funding of aircraft to transport contraband
(e.g., illegal drugs, money), agents, cooperating defendants, and
commercial/private vehicles required for counterdrug operations that
are time-sensitive or ongoing.

counterdrug (CD) activities – Those measures taken to detect, interdict,

disrupt, or curtail any activity that is reasonably related to drug
trafficking. This includes, but is not limited to, measures taken to
detect, interdict, disrupt, or curtail activities related to substances,
materiel, weapons, or resources used to finance, support, secure,
cultivate, process, or transport illegal drugs.

counterdrug (CD) non-operational support – Support provided to law

enforcement agencies and host nations that includes loan or lease of
equipment without operators, use of facilities (such as buildings, training
areas, and ranges), training conducted in formal schools, transfer of
excess equipment, or other support provided by the Military Departments
from forces not assigned or made available to the combatant
commanders. (JP 1-02)

counterdrug (CD) operational support – Support to host nations and law

enforcement agencies involving military personnel and their associated
equipment and provided by the geographic combatant commanders from
forces assigned or attached to them or made available to them by the
Military Departments for this purpose. Operational support does not
include support in the form of equipment alone nor the conduct of joint

GL-3 Glossary
 CJCSI 3710.01B
26 January 2007
law enforcement investigations with cooperating civilian law enforcement
agencies. (JP 1-02)

deployment date – The date a unit or an individual leaves home station to

execute a mission. Deployment may be ordered by a military deployment
order or temporary duty order.

execution date – The date a unit or an individual begins the mission.

Execution can be ordered by a military deployment order, an execute
order, or a temporary duty order.

force protection (FP) – Security program designed to protect soldiers, civilian

employees, family members, facilities, and equipment, in all locations
and situations, accomplished through planned and integrated
application of combating terrorism, physical security, operations
security, personal protective services, and supported by intelligence,
counterintelligence, and other security programs.

ground-based radar (GBR) – Land-based fixed or mobile asset that provides

primary or augments existing radar coverage and is capable of long-
range searches up to 240 nms and height finding up to 95,000 feet.
Communications available from the unit include HF, VHF, UHF, and
SATCOM.

host nation (HN) – A nation that receives the forces and/or supplies of allied
nations, coalition partners, and/or NATO organizations to be located on,
or to operate in, or to transit through its territory. (JP 1-02)

host-nation support (HNS) – Civil and/or military assistance rendered by a

nation to foreign forces within its territory during peacetime, crises or
emergencies, or war based on agreements mutually concluded between
nations. (JP 1-02)

law enforcement agency (LEA) – Any of a number of agencies (outside the

Department of Defense) chartered and empowered to enforce laws in the
following jurisdictions: the United States, a state (or political
subdivision) of the United States, a territory or possession (or political
subdivision) of the United States, or to enforce US laws within the
borders of a host nation. (JP 1-02)

mobile training team (MTT) – A team consisting of one or more US military or

civilian personnel sent on temporary duty, often to a foreign nation, to
give instruction. The mission of the team is to train indigenous
personnel to operate, maintain, and employ weapons and support
systems, or to develop a self-training capability in a particular skill. The
GL-4 Glossary
 CJCSI 3710.01B
26 January 2007
President and Secretary of Defense may direct a team to train either
military or civilian indigenous personnel, depending upon host-nation
requests. (JP 1-02)

operational control (OPCON) – Command authority that may be exercised by

commanders at any echelon at or below combatant command.
Operational control may be delegated and normally provides full
authority to organize commands and forces and to employ those forces
as the commander in operational control considers necessary to
accomplish assigned missions. Operational control should be exercised
through the commanders of subordinate organizations and does not, in
and of itself, include authoritative direction for logistics or matters of
administration, discipline, internal organization, or unit training. (JP 1-
02)

Posse Comitatus Act – Prohibits direct participation by the Army and the Air
Force in law enforcement activities such as search, seizure, arrest, or
similar activities except in cases and under circumstances expressly
authorized by the Constitution or Act of Congress (Title 18, United States
Code, Section 1385 “Use of Army and Air Force as Posse Comitatus”)
(reference o). Applied to the Navy and Marine Corps as a matter of DOD
policy (see reference m).

rules of engagement (ROE) – Directives issued by competent military authority

that delineate the circumstances and limitations under which US forces
will initiate and/or continue combat engagement with other forces
encountered.

rules for use of force (RUF) – Fundamental policies and procedures governing
the use of force by US commanders and their forces during all DOD civil
support, including military assistance to civil authorities

tactical control (TACON) – Command authority over assigned or attached forces

or commands, or military capability or forces made available for tasking,
that is limited to the detailed and, usually, local direction and control of
movements or maneuvers necessary to accomplish missions or tasks
assigned. Tactical control is inherent in operational control. Tactical
control may be delegated to, and exercised at, any level at or below the
level of combatant command. (JP 1-02)

GL-5 Glossary
 CJCSI 3710.01B
26 January 2007

(INTENTIONALLY BLANK)

GL-6 Glossary