3.3. LEVELS OF AUTHORITY.

Subject to Paragraph 3.1., Defense Intelligence Components may provide personnel to assist a Federal department or agency, including a Federal law enforcement agency, or a State or local law enforcement agency when lives are in danger, in response to a request for such assistance, in accordance with the following approval authorities:

a. Secretary of Defense Approval.

(1) The Secretary of Defense may approve any type of requested permissible assistance described in Paragraph 3.2.

(2) The decision to approve requests for these types of permissible assistance described in Paragraph 3.2. to law enforcement agencies and other civil authorities are reserved to the Secretary of Defense:

(a) Provision of personnel to support response efforts for civil disturbances, which may also require Presidential authorization.

(b) DoD response to chemical, biological, radiological, nuclear, and high-yield explosive incidents.

(c) Assistance in responding with assets with potential for lethality, or any situation in which it is reasonably foreseeable that providing the requested assistance may involve the use of force that is likely to result in lethal force, including death or serious bodily injury. It also includes all support to civilian law enforcement officials in situations where a confrontation between civilian law enforcement and civilian individuals or groups is reasonably anticipated. Such use of force must be in accordance with DoDD 5210.56, potentially as further restricted based on the specifics of the requested support.

(d) Provision or use of DoD unmanned systems in the United States except as delegated by the Secretary of Defense pursuant to the October 31, 2023 Secretary of Defense Memorandum.