We have all heard of this...

but here is the actual document.

Approvement by the SoD

but Rumsfeld was M.I.A. that day until 10.30 or so. Is the approvement really a change to older law? To say that for sure we need the older law, too.
But interesting, thanks!

The Paper Chase


good question. See my comment below for the TWO older laws.

Dean Jackson/Editor-in-Chief
Washington, DC

"reference d" is the key. Follow the "reference d" paper chase


1. requiring immediate action or aid; urgent; pressing.


1. a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.



J-3 CJCSI 3610.01A
DISTRIBUTION: A, B, C, J, S 1 June 2001
References: See Enclosure D.

4. Policy.

a. Aircraft Piracy (Hijacking) of Civil and Military Aircraft. Pursuant
to references a and b, the Administrator, Federal Aviation Administration
(FAA), has exclusive responsibility to direct law enforcement activity
related to actual or attempted aircraft piracy (hijacking) in the “special
aircraft jurisdiction” of the United States. When requested by the
Administrator, Department of Defense will provide assistance to these
law enforcement efforts. Pursuant to reference c, the NMCC is the focal
point within Department of Defense for providing assistance. In the
event of a hijacking, the NMCC will be notified by the most expeditious
means by the FAA. The NMCC will, with the exception of immediate
responses as authorized by reference d, forward requests for DOD
assistance to the Secretary of Defense for approval. DOD assistance to
the FAA will be provided in accordance with reference d. Additional
guidance is provided in Enclosure A.

d. DOD Directive 3025.15, 18 February 1997, “Military Assistance to
Civil Authorities”



Department of Defense

NUMBER 3025.15
February 18, 1997

SUBJECT: Military Assistance to Civil Authorities

4.7.1. Immediate Response. Requests for an immediate response (i.e., any
form of immediate action taken by a DoD Component or military commander to save
lives, prevent human suffering, or mitigate great property damage under imminently
serious conditions) may be made to any Component or Command. The DoD
Components that receive verbal requests from civil authorities for support in an exigent
emergency may initiate informal planning and, if required, immediately respond as
authorized in DoD Directive 3025.1 (reference (g)). Civil authorities shall be informed
that verbal requests for support in an emergency must be followed by a written request.
As soon as practical, the DoD Component or Command rendering assistance shall report
the fact of the request, the nature of the response, and any other pertinent information
through the chain of command to the DoD Executive Secretary, who shall notify the
Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and any other appropriate
officials. If the report does not include a copy of the civil authorities' written request, that
request shall be forwarded to the DoD Executive Secretary as soon as it is available.


(g) DoD Directive 3025.1, "Military Support to Civil Authorities (MSCA)," January 15,


Department of Defense
NUMBER 3025.1
January 15, 1993
SUBJECT: Military Support to Civil Authorities (MSCA)

4.5. Immediate Response

4.5.1. Imminently serious conditions resulting from any civil emergency or
attack may require immediate action by military commanders, or by responsible officials
of other DoD Agencies, to save lives, prevent human suffering, or mitigate great property
damage. When such conditions exist and time does not permit prior approval from
higher headquarters, local military commanders and responsible officials of other DoD
Components are authorized by this Directive, subject to any supplemental direction that
may be provided by their DoD Component, to take necessary action to respond to
requests of civil authorities. All such necessary action is referred to in this Directive as
"Immediate Response."


As one can see, the June 1, 2001 revision on 'AIRCRAFT PIRACY (HIJACKING) AND DESTRUCTION OF DERELICT AIRBORNE OBJECTS' left untouched DoD's response protocol for scramble and intercept of aircraft experiencing in-flight emergencies. The June 1, 2001 revision only applied to hijacked aircraft and the destruction of airborne objects.

Since we were told that during the summer of 2001 (between June 2 and September 10) there were ZERO NORAD scrambles to intercept aircraft that experienced in-flight emergencies, that means DoD disobeyed a lawful written order. It might interest one to know that breaking such an order is a court martial offence. OSI, are you listening?

Dean Jackson/Editor-in-Chief
Washington, DC