Thread: GOARMY.COM NOW Hiring Internment Camp Empoyees.

http://www.goarmy.com/careers-and-jo...pecialist.html

Internment/Resettlement Specialist (31E)

• Enlisted
• Officer

• Active Duty
• Army Reserve
• Open to Women
• Entry Level

Overview

Internment/resettlement specialists are primarily responsible for day-to-day operations in a military confinement/correctional facility or detention/internment facility.

Job Duties

• Supervision of confinement and detention operations
• External security to facilities
• Counseling/guidance to individual prisoners within a rehabilitative program
• Records of prisoners/internees and their programs

Requirements

Those who want to serve must first take the Armed Services Vocational Aptitude Battery, a series of tests that helps you better understand your strengths and identify which Army jobs are best for you.
Training

Job training for an internment/resettlement specialist requires 10 weeks of Basic Combat Training and eight weeks of Advanced Individual Training with on-the-job instruction. Part of this time is spent in the classroom and in the field.

Some of the skills you’ll learn are:

• Military laws and jurisdictions
• Self-defense and use of firearms
• Interpersonal communications skills
• Search/restraint and custody/control procedures

Helpful Skills

• Interest in law enforcement
• Physically and mentally fit
• Ability to make quick decisions
• Remain calm under heavy duress

Required ASVAB Score(s)

Skilled Technical (ST) : 95Learn more about the ASVAB and see what jobs you could qualify for.

Compensation

Total compensation includes housing, medical, food, special pay, and vacation time. Learn more about total compensation.

Education Benefits

In the Army, qualified students can earn full-tuition, merit-based scholarships, allowances for books and fees, plus an annual stipend for living expenses. Learn more about education benefits.

Future Civilian Careers

The skills you learn will help prepare you for a career with federal, state and local law enforcement.
PARTNERSHIP FOR YOUTH SUCCESS (PaYS) Program

Those interested in this job may be eligible for civilian employment, after the Army, by enrolling in the Army PaYS program. The PaYS program is a recruitment option that guarantees a job interview with military friendly employers that are looking for experience and trained Veterans to join their organization. Find out more about the Army PaYS Program at http://www.armypays.com.

• LAPD
• New York City Police Dept.
• Louisville Metro Police
• Clearwater PD
• Alabama Department of Corrections
• Las Vegas Metro Police Department
• Kansas Highway Patrol
• City of Chicago
• Baltimore Police Department
• Corpus Christi Police Department

“Warning shots will not be fired”
CIVIL DISTURBANCE OPERATIONS Sub course Number MP1005 EDITION C United States Army Military Police School Fort McClellan, Alabama 36205-5030

6 Credit Hours Edition Date:April 2006
http://info.publicintelligence.net/USAMPS-CivilDisturbanceOps.pdf

Need Context w/links - http://www.infowars.com/army-manual-...rs-in-america/

Sounds like an advertisement for a position in the Army. What's the connection to immigration?

General Discussion

(84 Viewing)
Discuss the issues of illegal immigration, congress, the President, campaigns, legal immigration, security, laws, gangs, border patrol, and homeland security here.




"Senior Member"? OK fine, lets play the 7 steps to Beacon Game: 1. Agenda 21 is the reason Illegals are and will continue to settled in our country(see yt channel "grindall61" to watch it Live) 2. American's are not going to accept Agenda 21(Do you accept it?-Rhetorical) 3. American's wont accept Agenda 21, which will cause a Civil Disturbance(see Civil Disturbance Operations in this post) 4. Civil Disturbance Operations is carried out by the Military. 5. Military has built Internment Camps for those who are captured in Civil Disturbances Operation to be Re-Educated. 6. Camps need Internment/Resettlement Specialist (see What's the connection to immigration?)

HEY I did it in 6! To save time for all involved, In the future I would ask your questions to the Person or People who write the Descriptions of the different Forums or maybe read the descriptions before questioning the posters who do.

Excerpt:

"Within the US, 31Es are the backbone of operations at several Federal military prisons, including the best-known of the bunch, Fort Leavenworth Disciplinary Barracks. As its official name implies, the prison at Fort Leavenworth is primarily reserved for members of the US military who've been convicted by court martial and sentenced to confinement under the Uniform Code of Military Justice for crimes including desertion, assault, and murder. In other words, inmates with a sentence long enough to warrant assignment to a place like Leavenworth are usually on their way out with a dishonorable discharge afterward.

Outside the US, internment specialists are involved in confining enemy prisoners of war (EPW) at facilities that may be temporary in a given theater of war or, these days, at a more permanent set-up like the infamous prison at Guantanamo Bay, Cuba".

http://militarycareers.about.com/od/...Specialist.htm

The primary function of the specialty is to guard prisons and work in military prisons here and abroad. National Guard units would typically be used to control riots inside the United States. Have you ever heard of the Posse Comitatus Act? The act limits the powers of the federal government in using military personnel to act as domestic law enforcement personnel.

So yes, I would disagree that the military occupational skill 31E has anything to do with immigration. Just saying ......

Lots of articles @

Forum: Other Topics News and Issues

For discussions and news that are not on the topic of illegal immigration and immigration.

http://www.alipac.us/19-other-topics-news-issues.html/ (CLICK HERE)

I would say it most certainty fits the description of this "General Discussion" Forum
The Military doesn't accidentally put word in Documents and these word are what concerns me. "or detention/internment facility"
This Ended Posse Comitatus May 13, 2013(please read and pass)
They are training RIGHT IN FRONT OF EYES. JADEHELM 15
http://www.gpo.gov/fdsys/pkg/FR-2013...2013-07802.htm
[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21826-21839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07802]


================================================== =====================
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DEPARTMENT OF DEFENSE

Office of the Secretary

[DOD-2009-OS-0038; RIN 0790-AI54]

32 CFR Part 182


Defense Support of Civilian Law Enforcement Agencies

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: This rule implements DoD regulations and legislation
concerning restriction on direct participation by DoD personnel. It
provides specific policy direction and assigns responsibilities with
respect to DoD support provided to Federal, State, and local civilian
law enforcement agencies, including responses to civil disturbances.

DATES: This rule is effective May 13, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Tom LaCrosse, 571-256-8353.

SUPPLEMENTARY INFORMATION:

[[Page 21827]]

Executive Summary

I. Purpose of the Regulatory Action

a. The purpose of this rule is to implement the statutory
requirements for the Department of Defense support of civilian law
enforcement agencies. This rule provides specific policy direction and
assigns responsibilities to Department of Defense key individuals
providing support to Federal, State, Tribal, and local law enforcement
agencies, including response to civil disturbances 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 territory or possession of the
United States or any other political subdivision thereof.
b. The legal authority for this rule is 10 U.S.C. 375,
``Restriction on participation by Military Personnel.''

II. Summary of the Major Provisions of the Rule

a. Support in Accordance With the Posse Comitatus Act
The primary restriction on DoD participation in civilian law
enforcement activities is the Posse Comitatus Act. It provides that
whoever willfully uses any part of the Army or the Air Force as a posse
comitatus or otherwise to execute U.S. laws, except in cases and under
circumstances expressly authorized by the Constitution or Act of
Congress, shall be fined under title 18, U.S.C., or imprisoned not more
than two years, or both. Section 182.6 (a) describes in detail the
assistance that the Department of Defense may and may not provide
civilian law enforcement agencies.
b. Support During Civil Disturbances
The President is authorized by the Constitution and laws of the
United States to employ the Armed Forces of the United States to
suppress insurrections, rebellions, and domestic violence under various
conditions and circumstances. Planning and preparedness by the Federal
Government, including the Department of Defense, for civil disturbances
is important due to the potential severity of the consequences of such
events for the Nation and the population. The employment of Federal
military forces to control civil disturbances shall only occur in a
specified civil jurisdiction under specific circumstances as authorized
by the President, normally through issuance of an Executive order or
other Presidential directive authorizing and directing the Secretary of
Defense to provide for the restoration of law and order in a specific
State or locality.

III. Costs and Benefits

This rule does not have a significant effect on the economy.
However, the Department of Defense may provide support to civilian law
enforcement entities on either a reimbursable or non-reimbursable basis
depending on the authority under which the support is provided. The
benefit to the elements of the Department of Defense providing such
support may include a benefit that is substantially equivalent to that
derived from military operations or training. Additionally, the
recipient civilian law enforcement agencies benefit from the Department
of Defense's substantial capabilities when those capabilities are not
needed for Department of Defense missions.

Public Comments

On Tuesday, December 28, 2010, the Department of Defense published
a proposed rule (75 FR 81547) requesting public comment. Two comments
were received. Below are the comments and responses.
Comment #1. Comment on Proposed Rule: 32 CFR Part 182 DOD-2009-OS-
0038. The definition given in Sec. 182.3 of ``civil disturbance'' is
overly broad and encompasses any number of situations that the
Legislature and DOD entities might not have in mind at the time of
drafting this rule. It is my recommendation that specific reference be
made to DOD Directive 3025.12 within Sec. 182.3 to allay any possible
misreading of 32 CFR part 182. If Posse Comitatus is going to be
suspended in times other than those specifically authorized by the
Constitution, Congress must act to make the language clear and
unambiguous. In addition, the definition of ``Emergency Authority'' in
Sec. 182.3 and DOD 3025.12 is unclear. In what sort of a civil
emergency can prior Presidential authorization be ``impossible'' to
obtain. These two definitions read together give an extraordinary
degree of latitude to DOD entities within the borders of the United
States. Finally, I question whether a rule is the appropriate venue for
an expansion of this nature. Perhaps this is a task best left to
congress for full public scrutiny and debate. Should this really be a
task left to the DOD to make a rule essentially gutting 10 U.S.C.A.
331-4? Despite the fact that this rule has received certification by
the Office of Information and Regulatory Affairs (OIRA), I seriously
question whether there are not significant implications for its
enactment under Executive Order 13132 (Federalism). If it is left to
the DOD to determine when force is necessary, absent a Presidential
order and absent the cooperation of local authorities, Posse Comitatus
is for all intents and purposes at an end.
DoD Response: No action required. This instruction cancels DoD
Directive 3025.12. ``Civil disturbance'' is an approved definition in
the DoD Dictionary and makes no reference to the Posse Comitatus Act
being ``suspended.'' Also this rule does not make reference to the
suspension of Posse Comitatus Act. It lists those actions that are
permissible and restricted under the Act. The author also recommends
that Congress, rather than DoD, make the language ``clear and
unambiguous.''
Comment #2. The Posse Comitatus Act, 18 U.S.C. 1385, clearly
applies to National Guard troops which have been federalized and are
deployed under Title 10 authority within the United States. However,
the courts have not definitively ruled on whether the Act applies to
troops deployed under Title 32, and generally it is assumed that the
act does not apply under those circumstances. If Sec. 182.4(b) of this
rule is meant to clearly state that the National Guard is, in fact, to
act in compliance with the restrictions of the Posse Comitatus Act
while in support of civilian law enforcement officials while deployed
under Title 32 authority as well as Title 10, then this is a welcome
clarification of DoD policy.
DoD Response: No action required. National Guard forces operating
under Title 32 are under State control, and the Posse Comitatus Act
would not apply. State law governs what actions State officials and
State National Guard forces may take.

Regulatory Procedures

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

It has been certified that 32 CFR part 182 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,

[[Page 21828]]

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 182 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 1 year.

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

It has been certified that 32 CFR part 182 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) 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 assisting civilian law enforcement
agencies, 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 182 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 182 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 182

Armed forces, Law enforcement.

Accordingly, 32 CFR part 182 is added to read as follows:

PART 182--DEFENSE SUPPORT OF CIVILIAN LAW ENFORCEMENT AGENCIES

Sec.
182.1 Purpose.
182.2 Applicability and scope.
182.3 Definitions.
182.4 Policy.
182.5 Responsibilities.
182.6 Procedures.

Authority: 10 U.S.C. 113, 331-334, 371-382, 2576, and 2667; 14
U.S.C. 141; 16 U.S.C. 23, 78, 593, and 1861; 18 U.S.C. 112, 351,
831, 1116, 1385, and 1751; 22 U.S.C. 408, 461-462; 25 U.S.C.180; 31
U.S.C. 1535; 42 U.S.C. 97, 1989, and 5121-5207; 50 U.S.C. 1621-1622;
and Public Law 94-524.


Sec. 182.1 Purpose.

This part:
(a) Establishes DoD policy, assigns responsibilities, and provides
procedures for DoD support to Federal, State, Tribal, and local
civilian law enforcement agencies, including responses to civil
disturbances 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 territory or possession of the United States or any other
political subdivision thereof in accordance with 32 CFR part 185.
(b) Prescribes the regulations required by 10 U.S.C. 375.


Sec. 182.2 Applicability and scope.

This part:
(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 and the Joint Staff, the Combatant Commands, the Defense
Agencies, the DoD Field Activities, and all other organizational
entities within the Department of Defense (hereafter referred to
collectively as the ``DoD Components'').
(b) Applies to the Office of the Inspector General of the
Department of Defense (IG, DoD) only to the extent that this part does
not conflict with any of the duties and responsibilities assigned to
the IG, DoD pursuant to section 8(g) of Appendix, title 5, U.S.C. (also
known as ``The Inspector General Act of 1978, as amended'').
(c) Governs all DoD Component planning for and participation in
Defense support of civilian law enforcement activities, including
domestic emergencies and civil disturbance operations (CDO) (formerly
referred to as ``military assistance for civil disturbances'').
(d) Applies to National Guard (NG) personnel only in title 10,
U.S.C., status only.
(e) Applies to civilian employees of the DoD Components and the
activities of DoD contractors performed in support of the DoD
Components.
(f) Does not apply to:
(1) Counternarcotics activities.
(2) Assistance to foreign law enforcement officials.
(3) The Defense Intelligence and Counterintelligence Components,
except when providing assistance to civilian law enforcement activities
in accordance with paragraph 2.6. of Executive Order 12333 and
Procedure 12 of DoD 5240.1-R.\1\
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\1\ Available at http://www.dtic.mil/whs/directives/c...df/524001r.pdf.
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(4) Requests for sensitive support, which are governed by DoD
Directive S-5210.36.\2\
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\2\ Authorized users may obtain a copy at www.dtic.smil.mil/whs/directives. Others may send a written request by email to
USDI.Pubs@osd.mil.
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(5) NG personnel in State active duty or title 32, U.S.C., status.
(6) Maritime Homeland Security Operations, defined as time-critical
requests by the United States Coast Guard for short duration (less than
48 hours) DoD support in countering an immediate maritime security
threat, that are governed by the DoD-Department of Homeland Security
Memorandum of Agreement for Department of Defense Support to the United
States Coast Guard for Maritime Homeland Security.
(7) Aircraft piracy operations conducted pursuant to title 10,
U.S.C.


Sec. 182.3 Definitions.

The following definitions apply to this part:
Civil authorities. Those elected and appointed officers and
employees who constitute the government of the United States, the
governments of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, U.S. possessions and territories, and
political subdivisions thereof.
Civil disturbance. Group acts of violence and disorder prejudicial
to public law and order.
Civilian law enforcement official. An officer or employee of a
civilian Federal, State, local, and tribal law enforcement agency with
responsibility for enforcement of the laws within the jurisdiction of
that agency.
DoD personnel. Federal military officers and enlisted personnel and
civilian employees of the Department of Defense.
Domestic emergencies. Emergencies affecting the public welfare and
occurring within the 50 states, District of Columbia, Commonwealth of
Puerto Rico, U.S. possessions and territories, or any political
subdivision thereof, as a result of enemy attack, insurrection, civil
disturbance, earthquake, fire, flood, or other public disasters or
equivalent emergencies that endanger life and property or disrupt the
usual process of government. Domestic emergencies include civil defense
emergencies, civil disturbances, major disasters, and natural
disasters.

[[Page 21829]]

Emergency authority. A Federal military commander's authority, in
extraordinary emergency circumstances where prior authorization by the
President is impossible and duly constituted local authorities are
unable to control the situation, to engage temporarily in activities
that are necessary to quell large-scale, unexpected civil disturbances
because:
(1) Such activities are necessary to prevent significant loss of
life or wanton destruction of property and are necessary to restore
governmental function and public order; or
(2) Duly constituted Federal, State, or local authorities are
unable or decline to provide adequate protection for Federal property
or Federal governmental functions.
Explosives or munitions emergency. A situation involving the
suspected or detected presence of unexploded ordnance (UXO), damaged or
deteriorated explosives or munitions, an improvised explosive device
(IED), other potentially explosive material or device, or other
potentially harmful military chemical munitions or device, that creates
an actual or potential imminent threat to human health, including
safety, or the environment, including property, as determined by an
explosives or munitions emergency response specialist. Such situations
may require immediate and expeditious action by an explosives or
munitions emergency response specialist to control, mitigate, or
eliminate the threat.
Law enforcement agency. Any of a number of agencies (outside the
Department of Defense) chartered and empowered to enforce U.S. laws in
the following jurisdictions: the United States, a State (or political
subdivision) of the United States, a territory (or political
subdivision) of the United States, a federally recognized Native
American tribe or Alaskan Native Village, or within the borders of a
host nation.


Sec. 182.4 Policy.

It is DoD policy that:
(a) The Department of Defense shall be prepared to support civilian
law enforcement agencies consistent with the needs of military
preparedness of the United States, while recognizing and conforming to
the legal limitations on direct DoD involvement in civilian law
enforcement activities.
(b) Support of civilian law enforcement agencies by DoD personnel
shall be provided in accordance with 18 U.S.C. 112, 351, 831, 1116,
1751, and 1385 (also known and hereinafter referred to as ``The Posse
Comitatus Act, as amended''); 10 U.S.C. chapter 18; 2 U.S.C. 1970 (for
support to the U.S. Capitol Police); and other Federal laws, including
those protecting the civil rights and civil liberties of individuals,
as applicable.
(c) The restrictions in Sec. 182.6(a)(1)(iii) shall apply to all
actions of DoD personnel worldwide.
(d) Exceptions, based on compelling and extraordinary
circumstances, may be granted to the restrictions in Sec.
182.6(a)(1)(iii) for assistance to be provided outside the United
States; only the Secretary of Defense or Deputy Secretary of Defense
may grant such exceptions.
(e) Requests for law enforcement support shall be evaluated using
the criteria in 32 CFR part 185.


Sec. 182.5 Responsibilities.

(a) The Under Secretary of Defense for Policy (USD(P)) shall
establish DoD policy governing defense support of civilian law
enforcement agencies and facilitate the coordination of that policy
with Federal departments and agencies; State, local, and tribal
agencies; and the DoD Components, as appropriate.
(b) The Assistant Secretary of Defense for Homeland Defense and
Americas' Security Affairs (ASD(HD&ASA)), under the authority,
direction, and control of the USD(P) and in accordance with DoD
Directive 5111.13,\3\ ``Assistant Secretary of Defense for Homeland
Defense and Americas' Security Affairs (ASD(HD&ASA)),'' shall develop,
coordinate, recommend, and supervise the implementation of policy for
defense support of civilian law enforcement agencies and defense
support of civil authorities (DSCA), including law enforcement support
activities. In executing this responsibility for DoD law enforcement
support activities, the ASD(HD&ASA) shall:
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(1) Develop procedures and issue appropriate direction as necessary
for defense support of civilian law enforcement agencies in
coordination with the General Counsel of the Department of Defense, and
in consultation with the Attorney General of the United States
(Attorney General), as appropriate, and in accordance with
responsibilities assigned in 32 CFR part 185 and DoD Directive 5111.13.
This includes tasking the DoD Components to plan for and to commit DoD
resources in response to requests from civil authorities for CDO (such
a commitment of DoD resources for CDO must be authorized by the
President of the United States and directed by the Secretary of
Defense).
(2) Serve as the principal point of contact between the Department
of Defense and the Department of Justice for planning and executing
CDO.
(3) Coordinate with civilian law enforcement agencies on policies
to further DoD cooperation with civilian law enforcement agencies.
(4) Provide guidance for the use of Reserve Component personnel in
support of civilian law enforcement agencies, in coordination with the
Secretaries of the Military Departments and the Assistant Secretary of
Defense for Reserve Affairs (ASD(RA)), and with the Chief, National
Guard Bureau (NGB), as appropriate. This will include guidance for use
by approving authorities in evaluating the effect on military
preparedness of requests for civilian law enforcement assistance that
may involve use of the Reserve Components.
(5) Assist in the development of policy regulating plans,
procedures, and requirements of the DoD Components with authority over
defense resources that may be employed to provide law enforcement
support.
(6) Inform the ASD(RA) of all requests for assistance by civilian
law enforcement agencies that may be met using Reserve Component
personnel and resources.
(i) Inform the Chief, NGB, of all requests for assistance by
civilian law enforcement agencies that may be met using NG personnel.
(ii) Coordinate with the ASD(RA) and others as appropriate
regarding duty status policies (e.g., performance of duty pursuant to
10 U.S.C. 331-334 and 371-382).
(7) Coordinate with the Chairman of the Joint Chiefs of Staff
(CJCS) in advance of the commitment of any Federal military forces.
( Coordinate with the Under Secretary of Defense (Comptroller)/
Chief Financial Officer, Department of Defense, when providing
assistance to civilian law enforcement agencies to ensure an
appropriate funding approach in accordance with Sec. 182.6(g).
(9) In coordination with the Under Secretary of Defense for
Intelligence (USD(I)), the CJCS, the Commanders of the Combatant
Commands with DSCA responsibilities, and the Secretaries of the
Military Departments, establish protocols and guidance for ensuring
that the needs of civilian law enforcement officials for information
are taken into account in the planning and execution of military
training and operations.
(10) Ensure, in coordination with the Assistant Secretary of
Defense for

[[Page 21830]]

Special Operations and Low-Intensity Conflict (ASD(SO/LIC)), the proper
use of electronic counter-measures (ECM) by or in support of DoD
explosive ordnance disposal (EOD) personnel when supporting civil
authorities is addressed in interagency agreements and contingency
plans.
(c) The USD(I) shall:
(1) Establish DoD processes and procedures to provide support to
civilian law enforcement officials with Defense Intelligence Component
resources in accordance with appropriate statutory authorities and DoD
and Intelligence Community policy.
(2) Facilitate consultation on DoD policy regarding intelligence
support of law enforcement officials, with appropriate Federal
departments and agencies; State, local, and tribal agencies; and the
DoD Components.
(d) The IG, DoD, shall issue guidance on cooperation with civilian
law enforcement officials with respect to audits and investigations
conducted, supervised, monitored, or initiated pursuant to DoD
Directive 5106.01,\4\ ``Inspector General of the Department of Defense
(IG DoD).''
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(e) The Under Secretary of Defense for Personnel and Readiness
(USD(P&R)) shall monitor and oversee the development of integrated
training capabilities related to defense support to civilian law
enforcement officials and the integration of these training
capabilities into exercises and training to build, sustain, and assess
readiness in accordance with DoD Directive 1322.18,\5\ ``Military
Training.''
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\5\ Available at http://www.dtic.mil/whs/directives/c...df/132218p.pdf.
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(f) The ASD(RA), under the authority, direction, and control of the
USD(P&R), shall assist the ASD(HD&ASA) in the development of guidance
for use by approving authorities in evaluating the effect on military
preparedness of requests for civilian law enforcement assistance that
may involve use of the Reserve Components.
(g) The Heads of the DoD Components shall:
(1) Strictly comply with and disseminate throughout their
Components the guidance issued by the ASD(HD&ASA) pursuant to paragraph
(b) of this section.
(2) Identify appropriate resources for civilian law enforcement
support that are consistent with law and DoD policy to carry out the
intent of this part.
(3) Review training and operational programs to determine how and
where assistance can best be provided to civilian law enforcement
officials, consistent with the responsibilities established in this
section. This review should include recommendations regarding
activities for which reimbursement could be waived in accordance with
Sec. 182.6(g)(2).
(4) Issue implementing guidance, in coordination with the
ASD(HD&ASA), incorporating the procedures in this part, including:
(i) Procedures for prompt transfer of relevant information to law
enforcement agencies.
(ii) Procedures for establishing local contact points in
subordinate commands for purposes of coordination with Federal, State,
tribal, and local civilian law enforcement officials.
(iii) Guidelines for evaluating requests for assistance in terms of
effect on military readiness of the United States.
(5) Inform the CJCS of all requests requiring approval of the
ASD(HD&ASA) or the Secretary of Defense, in accordance with this part.
(h) The Secretaries of the Military Departments, in addition to the
responsibilities in paragraph (g) of this section, shall:
(1) Provide resources to the DoDComponents, consistent with DoD
policies, goals, and objectives, to carry out the purpose of this part.
(2) Coordinate with the Commanders of the Combatant Commands with
DSCA responsibilities to ensure that the needs of civilian law
enforcement officials for information are taken into account in the
planning and execution of military training and operations.
(i) The CJCS, in addition to the responsibilities in paragraph (g)
of this section, shall:
(1) Assist the ASD(HD&ASA) in developing recommendations for
responding to requests for CDO and developing interagency policies on
CDO.
(2) Develop processes to evaluate the effect of requests for
civilian law enforcement assistance on military preparedness of the
United States.
(3) Advise the Secretary of Defense, ASD(HD&ASA), or Heads of the
DoDComponents, upon request, on the effect on military preparedness of
the United States of any request for defense assistance with respect to
CDO.
(j) The Commanders of the Combatant Commands with DSCA
responsibilities, through the CJCS, shall, in addition to the
responsibilities in paragraph (g) of this section:
(1) Provide support of civilian law enforcement authorities as
directed by the Secretary of Defense.
(2) Implement the provisions of this part in appropriate training
and exercises.
(3) When designated as a supported commander, coordinate with
supporting DoDComponents all reimbursement for assistance provided
under the provisions of this part.
(4) When designated as a supported commander, coordinate with the
CJCS, the ASD(HD&ASA), and the ASD(SO/LIC) (for the employment of
special operations forces) for all military preparations and
operations, including the employment of Federal military forces as
requested by the Attorney General and approved by the Secretary of
Defense, as a result of any domestic emergency, including a terrorist
incident, civil disturbance, or a natural disaster. Commanders shall
observe all such law enforcement policies as the Attorney General may
determine appropriate.
(5) For a terrorist incident having the potential for a request for
military assistance by mutual agreement of DoD and the Federal Bureau
of Investigation (FBI), designated Combatant Commanders may dispatch
observers to the incident site to evaluate the situation. Any dispatch
of DoD counterterrorism forces must be specifically authorized by the
Secretary of Defense through the CJCS.
(6) Coordinate with the Secretaries of the Military Departments to
ensure that the needs of civilian law enforcement officials for
information are taken into account in the planning and execution of
military training and operations.
(k) The Commanders of U.S. Northern Command (USNORTHCOM), U.S.
Pacific Command (USPACOM), and U.S. Special Operations Command
(USSOCOM), through the CJCS and in addition to the responsibilities in
paragraphs (g) and (j) of this section, shall:
(1) Serve as the DoD planning agents for support of civilian law
enforcement activities, including CDO, following the guidance of the
ASD(HD&ASA) and in coordination with the CJCS.
(2) Lead planning activities for support of civilian law
enforcement activities, including CDO, of the DoDComponents in
accordance with Sec. 182.6(b)(3). Serve as the DoD financial managers
for their respective CDO operations in accordance with Sec.
182.6(g)(2).
(l) The Chief, NGB, shall:
(1) Implement the procedures in this part.
(2) Assist the ASD(HD&ASA) in accordance with DoD Directive

[[Page 21831]]

5105.77,\6\ ``National Guard Bureau (NGB),'' in developing policy
guidance regarding the use of NG personnel for DoD support of civilian
law enforcement agencies.
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\6\ Available at http://www.dtic.mil/whs/directives/c...df/510577p.pdf.
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(3) Assist the ASD(HD&ASA) in the development of policy guidance
for use by approving authorities in evaluating the effect on military
preparedness if NG personnel are used to fulfill requests for civilian
law enforcement assistance.
(4) Serve as an advisor to the Commanders of the Combatant Commands
on NG matters pertaining to Combatant Command responsibilities under
this part, and support planning and coordination for such activities as
requested by the CJCS or the Commanders of other Combatant Commands.
(5) On all matters pertaining to the NG, serve as the channel of
communications between: the Secretary of Defense, the CJCS, and the DoD
Components (other than the Department of the Army and the Department of
the Air Force); and the States. The Chief, NGB, shall keep the
Secretaries of the Army and the Air Force informed of all
communications unless otherwise directed by the Secretary of Defense.
(6) Coordinate the sharing of State contingency plans for the use
of non-federalized NG forces in CDO roles between the responsible State
Adjutants General and the responsible Combatant Commander.


Sec. 182.6 Procedures.

(a) Participation of DoD Personnel in Civilian Law Enforcement
Activities--(1) Guiding Statutory Requirements and Supporting
Policies--(i) Statutory Restrictions. (A) The primary restriction on
DoD participation in civilian law enforcement activities is the Posse
Comitatus Act. It provides that whoever willfully uses any part of the
Army or the Air Force as a posse comitatus or otherwise to execute U.S.
laws, except in cases and under circumstances expressly authorized by
the Constitution or Act of Congress, shall be fined under title 18,
U.S.C., or imprisoned not more than 2 years, or both.
(B) 10 U.S.C. 375 provides that the Secretary of Defense shall
prescribe such regulations as may be necessary to ensure that any
activity (including the provision of any equipment or facility or the
assignment or detail of any personnel) under 10 U.S.C. chapter 18 does
not include or permit direct participation by a member of the Army,
Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other
similar activity unless participation in such activity by such member
is otherwise authorized by law.
(ii) Permissible Direct Assistance. Categories of active
participation in direct law-enforcement-type activities (e.g., search,
seizure, and arrest) that are not restricted by law or DoD policy are:
(A) Actions taken for the primary purpose of furthering a DoD or
foreign affairs function of the United States, regardless of incidental
benefits to civilian authorities. This does not include actions taken
for the primary purpose of aiding civilian law enforcement officials or
otherwise serving as a subterfuge to avoid the restrictions of the
Posse Comitatus Act. Actions under this provision may include
(depending on the nature of the DoD interest and the authority
governing the specific action in question):
(1) Investigations and other actions related to enforcement of the
Uniform Code of Military Justice (10 U.S.C. chapter 47).
(2) Investigations and other actions that are likely to result in
administrative proceedings by the Department of Defense, regardless of
whether there is a related civil or criminal proceeding. (See DoD
Instruction 5525.07 \7\ and the Memorandum of Agreement Between the
Attorney General and the Secretary of Defense with respect to matters
in which the Department of Defense and the Department of Justice both
have an interest.)
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\7\ Available at http://www.dtic.mil/whs/directives/c...df/552507p.pdf.
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(3) Investigations and other actions related to a commander's
inherent authority to maintain law and order on a DoD installation or
facility.
(4) Protection of classified defense information or equipment or
controlled unclassified information (e.g., trade secrets and other
proprietary information), the unauthorized disclosure of which is
prohibited by law.
(5) Protection of DoD personnel, equipment, and official guests.
(6) Such other actions that are undertaken primarily for a military
or foreign affairs purpose.
(B) Audits and investigations conducted by, under the direction of,
or at the request of the IG, DoD, pursuant to the Inspector General Act
of 1978, as amended.
(C) When permitted under emergency authority in accordance with 32
CFR part 185, Federal military commanders have the authority, in
extraordinary emergency circumstances where prior authorization by the
President is impossible and duly constituted local authorities are
unable to control the situation, to engage temporarily in activities
that are necessary to quell large-scale, unexpected civil disturbances
because:
(1) Such activities are necessary to prevent significant loss of
life or wanton destruction of property and are necessary to restore
governmental function and public order; or
(2) When duly constituted Federal, State, or local authorities are
unable or decline to provide adequate protection for Federal property
or Federal governmental functions. Federal action, including the use of
Federal military forces, is authorized when necessary to protect
Federal property or functions.
(D) DoD actions taken pursuant to 10 U.S.C. 331-334, relating to
the use of Federal military forces in specified circumstances with
respect to insurrection, domestic violence, or conspiracy that hinders
the execution of State or Federal law.
(E) Actions taken under express statutory authority to assist
officials in executing the laws, subject to applicable limitations. The
laws that permit direct DoD participation in civilian law enforcement
include:
(1) Protection of national parks and certain other Federal lands
consistent with 16 U.S.C. 23, 78, and 593.
(2) Enforcement of the Fishery Conservation and Management Act of
1976, as amended, pursuant to 16 U.S.C. 1861(a).
(3) Assistance in the case of crimes against foreign officials,
official guests of the United States, and other internationally
protected persons pursuant to 18 U.S.C. 112 and 1116.
(4) Assistance in the case of crimes against Members of Congress,
Members-of-Congress-elect, Justices of the Supreme Court and nominees,
and certain senior Executive Branch officials and nominees in
accordance with 18 U.S.C. 351.
(5) Assistance in the case of crimes involving nuclear materials in
accordance with 18 U.S.C. 831.
(6) Protection of the President, Vice President, and other
designated dignitaries in accordance with 18 U.S.C. 1751 and Public Law
94-524.
(7) Actions taken in support of the neutrality laws in accordance
with 22 U.S.C. 408 and 461-462.
( Removal of persons unlawfully present on Indian lands in
accordance with 25 U.S.C. 180.
(9) Execution of quarantine and certain health laws in accordance
with 42 U.S.C. 97 and DoD Instruction

[[Page 21832]]

6200.03,\8\ ``Public Health Emergency Management Within the Department
of Defense.''
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\8\ Available at http://www.dtic.mil/whs/directives/c...df/620003p.pdf.
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(10) Removal of unlawful enclosures from public lands in accordance
with 43 U.S.C. 1065.
(11) Protection of the rights of a discoverer of an island covered
by 48 U.S.C. 1418.
(12) Support of territorial governors if a civil disorder occurs,
in accordance with 48 U.S.C. 1422 and 1591.
(13) Actions in support of certain customs laws in accordance with
50 U.S.C. 220.
(F) Actions taken to provide search and rescue support domestically
under the authorities provided in the National Search and Rescue Plan
and DoD Instruction 3003.01.\9\
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\9\ Available at http://www.dtic.mil/whs/directives/c...df/300301p.pdf.
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(iii) Restrictions on Direct Assistance. (A) Except as authorized
in this part (e.g., in paragraphs (a) and (b) of this section), DoD
personnel are prohibited from providing the following forms of direct
civilian law enforcement assistance:
(1) Interdiction of a vehicle, vessel, aircraft, or other similar
activity.
(2) A search or seizure.
(3) An arrest; apprehension; stop and frisk; engaging in
interviews, interrogations, canvassing, or questioning of potential
witnesses or suspects; or similar activity.
(4) Using force or physical violence, brandishing a weapon,
discharging or using a weapon, or threatening to discharge or use a
weapon except in self-defense, in defense of other DoD persons in the
vicinity, or in defense of non-DoD persons, including civilian law
enforcement personnel, in the vicinity when directly related to an
assigned activity or mission.
(5) Evidence collection; security functions; crowd and traffic
control; and operating, manning, or staffing checkpoints.
(6) Surveillance or pursuit of individuals, vehicles, items,
transactions, or physical locations, or acting as undercover agents,
informants, investigators, or interrogators.
(7) Forensic investigations or other testing of evidence obtained
from a suspect for use in a civilian law enforcement investigation in
the United States unless there is a DoD nexus (e.g., the victim is a
member of the Military Services or the crime occurred on an
installation under exclusive DoD jurisdiction) or the responsible
civilian law enforcement official requesting such testing declares in
writing that the evidence to be examined was obtained by consent.
Requests for exceptions to this restriction must be made through
channels to the ASD(HD&ASA), who will evaluate, in coordination with
the General Counsel of the Department of Defense, whether to seek
Secretary of Defense authorization for an exception to policy.
(B) The use of deputized State or local law enforcement powers by
DoD uniformed law enforcement personnel shall be in accordance with DoD
Instruction 5525.13,\10\ ``Limitation of Authority to Deputize DoD
Uniformed Law Enforcement Personnel by State and Local Governments.''
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\10\ Available at http://www.dtic.mil/whs/directives/c...df/552513p.pdf.
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(C) Except as otherwise directed by the Secretary of Defense, the
rules for the use of force and authority for the carrying of firearms
by DoD personnel providing authorized support under this part shall be
in accordance with DoD Directive 5210.56,\11\ ``Carrying of Firearms
and the Use of Force by DoD Personnel Engaged in Security, Law and
Order, or Counterintelligence Activities,'' and any additional
Secretary of Defense-approved rules for the use of force contained in
CJCS Instruction 3121.01B, ``Standing Rules of Engagement Standing
Rules for the Use of Force for U.S. Forces.''
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\11\ Available at http://www.dtic.mil/whs/directives/c...df/521056p.pdf.
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(D) Exceptions to these restrictions for assistance may be granted
when the assistance is to be provided outside the United States. Only
the Secretary of Defense or the Deputy Secretary of Defense may grant
such exceptions, based on compelling and extraordinary circumstances.
(iv) Use of DoD Personnel to Operate or Maintain Equipment. The use
of DoD personnel to operate or maintain, or to assist in operating or
maintaining, equipment shall be limited to situations when the use of
non-DoD personnel for operation or maintenance of such equipment would
be unfeasible or impractical from a cost or time perspective and would
not otherwise compromise military preparedness of the United States. In
general, the head of the civilian law enforcement agency may request a
DoD Component to provide personnel to operate or maintain, or to assist
in operating or maintaining, equipment for the civilian agency. This
assistance shall be subject to this guidance:
(A) Such assistance may not involve DoD personnel directly
participating in a law enforcement operation (as described in paragraph
(a)(1)(iii) of this section).
(B) The performance of such assistance by DoD personnel shall be at
a location where there is not a reasonable likelihood of a
confrontation between law enforcement personnel and civilians.
(C) The use of DoD aircraft to provide transportation for civilian
law enforcement agencies may be provided only in accordance with DoD
4515.13-R.\12\
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\12\ Available at http://www.dtic.mil/whs/directives/c...df/451513r.pdf.
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(D) A request for DoD personnel to operate or maintain, or to
assist in operating or maintaining, equipment must be made pursuant to
10 U.S.C. 374 or other applicable law that permits DoD personnel to
provide such assistance to civilian law enforcement officials. A
request that is made pursuant to 10 U.S.C. 374 must be made by the head
of a civilian agency empowered to enforce any of these laws:
(1) 21 U.S.C. 801-904 and 951-971.
(2) 8 U.S.C. 1324-1328.
(3) A law relating to the arrival or departure of merchandise, as
defined in 19 U.S.C. 1401, into or out of the customs territory of the
United States, as defined in 19 U.S.C. 1401, or any other territory or
possession of the United States.
(4) 46 U.S.C. chapter 705.
(5) Any law, foreign or domestic, prohibiting terrorist activities.
(E) In addition to the assistance authorized under paragraph
(a)(1)(ii)(A) of this section:
(1) DoD personnel may be made available to a Federal law
enforcement agency to operate or assist in operating equipment, to the
extent the equipment is used in a supporting role, with respect to:
(i) A criminal violation of the laws specified in paragraph
(a)(1)(iv)(D) of this section.
(ii) Assistance that the Federal law enforcement agency is
authorized to furnish to a State, local, or foreign government that is
involved in the enforcement of laws similar to those in paragraph
(a)(1)(iv)(D) of this section.
(iii) A foreign or domestic counter-terrorism operation, including
support of FBI Joint Terrorism Task Forces.
(iv) Transportation of a suspected terrorist from a foreign country
to the United States to stand trial.
(2) DoD personnel made available to a civilian law enforcement
agency pursuant to 10 U.S.C. 374 may operate equipment for:
(i) Detection, monitoring, and communication of the movement of air
and sea traffic.

[[Page 21833]]

(ii) Detection, monitoring, and communication of the movement of
surface traffic outside of the geographic boundary of the United States
and, if the initial detection occurred outside of the boundary, within
the United States, not to exceed 25 miles of the boundary.
(iii) Aerial reconnaissance (does not include satellite
reconnaissance).
(iv) Interception of vessels or aircraft detected outside the land
area of the United States for the purposes of communicating with such
vessels and aircraft to direct such vessels and aircraft to go to a
location designated by appropriate civilian officials.
(v) Operation of equipment to facilitate communications in
connection with the law enforcement programs specified in paragraph
(a)(1)(iv)(D) of this section.
(vi) The following activities that are subject to joint approval by
the Secretary of Defense and the Attorney General (and the Secretary of
State in the case of a law enforcement operation outside of the land
area of the United States): the transportation of civilian law
enforcement personnel along with any other civilian or military
personnel who are supporting, or conducting, a joint operation with
civilian law enforcement personnel; the operation of a base of
operations for civilian law enforcement and supporting personnel; and
the transportation of suspected terrorists from foreign countries to
the United States for trial (so long as the requesting Federal law
enforcement agency provides all security for such transportation and
maintains custody over the suspect through the duration of the
transportation).
(vii) The detection, monitoring, and tracking of the movement of
weapons of mass destruction under the circumstances described above
when outside the United States.
(F) DoD personnel made available to operate equipment for the
purposes in paragraphs (a)(1)(iv)(E)(2)(i) and (a)(1)(iv)(E)(2)(iv) of
this section may continue to operate such equipment in cases involving
the pursuit of vessels or aircraft into the land area of the United
States where the detection began outside such land area.
(G) With the approval of the Secretary of Defense, DoD personnel
may be made available to any Federal, State, or local civilian law
enforcement agency to operate equipment for purposes other than
described in paragraph (a)(2) of this section, only to the extent that
such support does not involve direct assistance by such personnel in a
civilian law enforcement operation unless such direct participation is
otherwise authorized by law and is authorized by the Secretary of
Defense.
(H) Nothing in this part restricts the authority of Federal
military commanders to take emergency action to prevent loss of life or
wanton destruction of property as provided in paragraph (a)(1)(ii)(C)
of this section.
(I) When DoD personnel are otherwise assigned to provide assistance
with respect to the laws specified in paragraph (a)(1)(ii)(E) of this
section, the participation of such personnel shall be consistent with
the limitations in such laws, if any, and such restrictions as may be
established by policy or the DoD Components concerned.
(v) Expert Advice. DoD Components may provide, subject to paragraph
(a)(5) of this section, expert advice to Federal, State, or local law
enforcement officials in accordance with 10 U.S.C. 373. This does not
permit direct assistance by DoD personnel in activities that are
fundamentally civilian law enforcement operations, except as otherwise
authorized in this section.
(vi) Training. (A) The DoD Components may provide, subject to
paragraph (a)(5) of this section, training to Federal, State, and local
civilian law enforcement officials. This does not permit large-scale or
elaborate DoD training, and does not permit regular or direct
involvement of DoD personnel in activities that are fundamentally
civilian law enforcement operations, except as otherwise authorized in
this section.
(B) Training of Federal, State, and local civilian law enforcement
officials shall be provided according to this guidance:
(1) Assistance shall be limited to situations when the use of non-
DoD personnel would be unfeasible or impractical from a cost or time
perspective and would not otherwise compromise military preparedness of
the United States.
(2) Assistance may not involve DoD personnel participating in a law
enforcement operation, except as otherwise authorized by law.
(3) Assistance of DoD personnel shall be provided at a location
where there is not a reasonable likelihood of a confrontation between
law enforcement personnel and civilians, except as otherwise authorized
by this part.
(C) This paragraph does not apply to advanced military training,
which is addressed in Deputy Secretary of Defense Memorandum, ``DoD
Training Support to U.S. Civilian Law Enforcement Agencies,'' June 29,
1996,\13\ and Deputy Secretary of Defense Memorandum, ``Request for
Exception to Policy,'' November 12, 1996.\14\ Additional exceptions to
the policy in Deputy Secretary of Defense Memorandum, ``DoD Training
Support to U.S. Civilian Law Enforcement Agencies,'' may be requested
on a case-by-case basis. Requests for such exceptions shall be
forwarded through the ASD(HD&ASA). Advanced military training:
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\13\ Available from OASD(HD&ASA)/Room 3D247, 2600 Defense
Pentagon, Washington, DC 20301.
\14\ Available from OASD(HD&ASA)/Room 3D247, 2600 Defense
Pentagon, Washington, DC 20301.
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(1) Includes advanced marksmanship training, including sniper
training, military operations in urban terrain (MOUT), advanced MOUT,
close quarters battle/close quarters combat, and similar training.
(2) Does not include basic military skills such as basic
marksmanship, patrolling, mission planning, medical, and survival.
(vii) Other Permissible Assistance. These forms of indirect
assistance are not prohibited by law or DoD policy:
(A) Transfer to Federal, State, or local law enforcement officials
of information acquired in the normal course of DoD operations that may
be relevant to a violation of any Federal or State laws.
(B) Information obtained through procedures, means, or devices
authorized by Federal law exclusively for use in gathering, obtaining,
or acquiring national intelligence or military intelligence may be
transferred unless specifically prohibited by law. Information shall
not be transferred if it meets any of the following criteria:
(1) The acquisition of that information violates applicable law
protecting the privacy or constitutional rights of any person,
including rights protected by 5 U.S.C. 552a (also known as ``The
Privacy Act of 1974, as amended'').
(2) It would have been illegal for those civilian law enforcement
officials to have obtained the information or employ the procedures,
means, or devices used by the DoD Component to obtain the information.
(C) Such other actions, approved in accordance with procedures
established by the DoD Components concerned, that do not subject
civilians to the use of DoD power that is regulatory, prescriptive,
proscriptive, or compulsory.
(2) Exceptions Based on Status. The restrictions in paragraph (a)
of this section do not apply to:
(i) A member of a Reserve Component when not on active duty, active
duty for training, or inactive duty for training.
(ii) A member of the NG when not in Federal service.
(iii) A civilian employee. If the civilian employee is under the
direct

[[Page 21834]]

control of a military officer, assistance will not be provided unless
it is permitted by paragraph (a)(3) of this section.
(iv) A member of a Military Service when off duty and in a private
capacity. A Service member is acting in a private capacity when he or
she responds on his or her own volition to assist law enforcement
officials instead of acting under the direction or control of DoD
authorities.
(v) A member of the Civil Air Patrol, except when performing
missions pursuant to 10 U.S.C. 9442(b).
(3) Exceptions Based on Military Service. By policy, Posse
Comitatus Act restrictions (as well as other restrictions in this part)
are applicable to the Department of the Navy (including the Marine
Corps) with such exceptions as the Secretary of Defense may authorize
in advance on a case-by-case basis.
(i) Such exceptions shall include requests from the Attorney
General for assistance pursuant to 21 U.S.C. 873(b).
(ii) Requests for approval of other exceptions should be made by a
senior official of the civilian law enforcement agency concerned, who
verifies that:
(A) The size or scope of the suspected criminal activity poses a
serious threat to the interests of the United States and enforcement of
a law within the jurisdiction of the civilian agency would be seriously
impaired if the assistance were not provided because civilian assets
are not available to perform the mission; or
(B) Civilian law enforcement assets are not available to perform
the mission, and temporary assistance is required on an emergency basis
to prevent loss of life or wanton destruction of property.
(4) Military Readiness. Assistance may not be provided if such
assistance could adversely affect military preparedness. Implementing
documents issued by the Heads of the DoD Components shall ensure that
approval for the disposition of equipment is vested in officials who
can assess the effect of such disposition on military preparedness.
(5) Approval Authority. Requests by civilian law enforcement
officials for use of DoD personnel to provide assistance to civilian
law enforcement agencies shall be forwarded to the appropriate approval
authority.
(i) The Secretary of Defense is the approval authority for requests
for direct assistance in support of civilian law enforcement agencies,
including those responding with assets with the potential for
lethality, except for the use of emergency authority as provided in
paragraph (a)(1)(ii)(C) of this section and in 32 CFR part 185, and
except as otherwise provided below.
(ii) Requests that involve the Defense Intelligence and
Counterintelligence entities are subject to approval by the Secretary
of Defense and the guidance in DoD Directive 5240.01 \15\ and DoD
5240.1-R.
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\15\ Available at http://www.dtic.mil/whs/directives/c...df/524001p.pdf.
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(iii) The Secretaries of the Military Departments and the Directors
of the Defense Agencies may, in coordination with the ASD(HD&ASA),
approve the use of DoD personnel:
(A) To provide training or expert advice in accordance with
paragraphs (a)(1)(v) and (a)(1)(vi) of this section.
(B) For equipment maintenance in accordance with paragraph
(a)(1)(iv) of this section.
(C) To monitor and communicate the movement of air and sea traffic
in accordance with paragraphs (a)(1)(iv)(E)(2)(i) and
(a)(1)(iv)(E)(2)(iv) of this section.
(iv) All other requests, including those in which subordinate
authorities recommend disapproval, shall be submitted promptly to the
ASD(HD&ASA) for consideration by the Secretary of Defense, as
appropriate.
(v) The views of the CJCS of shall be obtained on all requests that
are considered by the Secretary of Defense or the ASD(HD&ASA), that
otherwise involve personnel assigned to a unified or specified command,
or that may affect military preparedness.
(vi) All requests that are to be considered by the Secretary of
Defense or the ASD(HD&ASA) that may involve the use of Reserve
Component personnel or equipment shall be coordinated with the ASD(RA).
All requests that are to be considered by the Secretary of Defense or
the ASD(HD&ASA) that may involve the use of NG personnel also shall be
coordinated with the Chief, NGB. All requests that are to be considered
by the Secretary of Defense or the ASD(HD&ASA) that may involve the use
of NG equipment also shall be coordinated with the Secretary of the
Military Department concerned and the Chief, NGB.
(b) DoD Support of CDO. (1) Guiding Statutory Requirements and
Supporting Policies. (i) The President is authorized by the
Constitution and laws of the United States to employ the Armed Forces
of the United States to suppress insurrections, rebellions, and
domestic violence under various conditions and circumstances. Planning
and preparedness by the Federal Government, including DoD, for civil
disturbances is important due to the potential severity of the
consequences of such events for the Nation and the population.
(ii) The primary responsibility for protecting life and property
and maintaining law and order in the civilian community is vested in
State and local governments. Supplementary responsibility is vested by
statute in specific agencies of the Federal Government other than DoD.
The President has additional powers and responsibilities under the
Constitution of the United States to ensure that law and order are
maintained.
(iii) Any employment of Federal military forces in support of law
enforcement operations shall maintain the primacy of civilian
authority, and, unless otherwise directed by the President,
responsibility for the management of the Federal response to civil
disturbances rests with the Attorney General. The Attorney General is
responsible for receiving State requests for Federal military
assistance, coordinating such requests with the Secretary of Defense
and other appropriate Federal officials, and presenting such requests
to the President who will determine what Federal action will be taken.
(iv) The employment of Federal military forces to control civil
disturbances shall only occur in a specified civil jurisdiction under
specific circumstances as authorized by the President, normally through
issuance of an Executive order or other Presidential directive
authorizing and directing the Secretary of Defense to provide for the
restoration of law and order in a specific State or locality in
accordance with 10 U.S.C. 331-334.
(v) Planning by the DoD Components for CDO shall be compatible with
contingency plans for national security emergencies, and with planning
for DSCA pursuant to 32 CFR part 185. For example:
(A) Guidelines concerning the use of deputized State or local law
enforcement powers by DoD uniformed law enforcement personnel are
outlined in DoD Instruction 5525.13.
(B) Guidelines concerning the use of deadly force and/or the
carrying of firearms by DoD personnel while engaged in duties related
to security or law and order, criminal investigations, or
counterintelligence investigations; protecting personnel; protecting
vital Government assets; or guarding Government installations and
sites, property, and persons (including prisoners) are outlined in DoD
Directive 5210.56 and any additional Secretary of Defense-approved
rules for the use of

[[Page 21835]]

force contained in CJCS Instruction 3121.01B, ``Standing Rules of
Engagement/Standing Rules for the Use of Force for U.S. Forces,'' June
13, 2005.
(2) DoD Requirements. (i) Federal military forces shall not be used
for CDO unless specifically authorized by the President, except under
emergency authority as provided in 32 CFR part 185 and paragraph
(a)(1)(ii)(C) of this section.
(ii) Federal military forces shall be made available for CDO as
directed by the President. The Secretary of Defense or other authorized
DoD official may, where authorized and consistent with the direction of
the President, establish the source and composition of those forces to
achieve appropriate balance with other national security or DoD
priorities.
(iii) Federal military forces employed in CDO shall remain under
Secretary of Defense command and control at all times.
(iv) The pre-positioning of Federal military forces for CDO shall
not exceed a battalion-sized unit in a single location unless a larger
force is authorized by the President.
(v) DoD Components shall not take charge of any function of civil
government unless absolutely necessary under conditions of extreme
emergency (e.g., when using emergency authority as described in 32 CFR
part 185 and paragraph (a)(1)(ii)(C) of this section). Any commander
who is directed, or undertakes, to control such functions shall
strictly limit DoD actions to emergency needs and shall facilitate the
reestablishment of civil responsibility at the earliest time possible.
(3) CDO Planning. (i) To ensure essential control and sound
management of all Federal military forces employed in CDO, centralized
direction from the Secretary of Defense, through the ASD(HD&ASA), shall
guide planning by the DoD Components, whether alone or with civil
authorities. Execution of CDO missions shall be decentralized through
the Commanders of USNORTHCOM, USPACOM, or USSOCOM, or through joint
task force commanders, and only when specifically directed by the
Secretary of Defense or as described in paragraph (a)(1)(ii)(C) of this
section.
(ii) The Commanders of USNORTHCOM, USPACOM, and USSOCOM, as the DoD
planning agents for CDO in accordance with Sec. 182.5(k) of this part,
shall lead the CDO planning activities of the DoD Components in these
areas:
(A) USNORTHCOM. The 48 contiguous States, Alaska, the District of
Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
(B) USPACOM. Hawaii and the U.S. possessions and territories in the
Pacific area.
(C) USSOCOM. CDO activities involving special operations forces.
(iii) CDO plans and readiness measures shall foster efficient
employment of Federal equipment controlled by NG forces, whether
employed under State or Federal authority, as well as other resources
of the DoD Components.
(4) Role of the National Guard. (i) NG forces in a State active
duty status have primary responsibility to support State and local
Government agencies for disaster responses and in domestic emergencies,
including in response to civil disturbances; such activities would be
directed by, and under the command and control of, the Governor, in
accordance with State or territorial law and in accordance with Federal
law.
(ii) NG forces may be ordered or called into Federal service to
ensure unified command and control of all Federal military forces for
CDO when the President determines that action to be necessary in
extreme circumstances.
(iii) Federal military forces shall conduct CDO in support of the
Attorney General or designee (unless otherwise directed by the
President) to assist State law enforcement authorities. Federal
military forces will always remain under the command and control of the
President and Secretary of Defense. Federal military forces also could
conduct CDO in concert with State NG forces under the command of a
dual-status commander, if determined to be appropriate by the Secretary
of Defense and the Governor(s) concerned, or in close coordination with
State NG forces using direct liaison.
(iv) Chief, NGB, will coordinate the sharing of State contingency
plans for the use of non-federalized NG forces in CDO roles between the
responsible State Adjutants General and the responsible Combatant
Commander.
(5) Cooperation with Civil Authorities. (i) The Attorney General
shall receive and coordinate preliminary requests for CDO from civil
authorities pursuant to 10 U.S.C. 331-334.
(A) Formal requests for CDO shall be addressed to the President.
(B) The Attorney General may assign a component law enforcement
agency of the Department of Justice, such as the FBI or Bureau of
Alcohol, Tobacco, Firearms, and Explosives, to lead the operational
response to a civil disturbance incident.
(C) The President may provide, through the Attorney General or
other Federal official, a personal representative to communicate the
President's policy guidance to the military commander conducting CDO.
That representative may augment, but shall not replace, the military
chain of command. In addition, an individual may be designated by the
Attorney General as the Senior Civilian Representative of the Attorney
General.
(ii) The ASD(HD&ASA) shall represent DoD in coordinating CDO
planning and execution with the Department of Justice, and other
Federal and State law enforcement agencies, as appropriate.
(6) Approval Authority. (i) The President is the approval authority
for requests for assistance for CDO, except for emergency authority as
provided in paragraph (a)(1)(ii)(C) of this section and in 32 CFR part
185.
(ii) If the President directs the use of Federal military forces
for CDO, the ASD(HD&ASA) and the CJCS shall provide advice to the
Secretary of Defense regarding the employment of DoD personnel and
resources to implement the direction of the President. Secretary of
Defense approval of such employment shall be communicated to the
Combatant Commanders through the CJCS.
(iii) The ASD(HD&ASA) shall provide any request, contingency plan,
directive, or order affecting the employment of special operations
forces to the ASD(SO/LIC), who supervises the activities of those
forces on behalf of the Secretary of Defense in accordance with DoD
Directive 5111.10,\16\ ``Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict (ASD(SO/LIC)).''
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\16\ Available at http://www.dtic.mil/whs/directives/c...df/511110p.pdf.
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(iv) Additionally, the ASD(HD&ASA), in coordination with the
ASD(SO/LIC) for the employment of special operations forces, shall
provide overall policy oversight of the employment of DoD personnel and
resources for CDO responding to terrorist incidents and other similar
events in coordination with the CJCS.
(c) Domestic EOD Support of Civilian Law Enforcement Agencies.
(1) Guiding Statutory Requirements and Supporting Policies. DoD EOD
personnel may provide immediate response for EOD support in support of
civil authorities, when requested, in accordance with 32 CFR part 185
and may provide for disposition of military munitions in accordance
with 40 CFR parts 260-270.
(2) DoD Requirements. (i) DoD personnel will not participate in
search

[[Page 21836]]

or seizure of ordnance as part of a civilian law enforcement
investigation. DoD personnel may, as described in paragraph (c) of this
section, render safe military munitions and take possession of military
munitions for appropriate disposition at the request of civilian law
enforcement officials when such military munitions have already been
discovered and seized by civilian law enforcement personnel.
(ii) DoD officials, including local military commanders, may
provide EOD and explosive detection dog support to local civil
authorities to save lives, prevent human suffering, and mitigate great
property damage under imminently serious conditions in accordance with
32 CFR part 185. Guidance for planning and execution requirements for
Combatant Commanders and the Military Departments in responding to DoD
military munitions is found in DoD Manual 6055.09, Volume 7,\17\ ``DoD
Ammunition And Explosives Safety Standards: Munitions, and Material
Potentially Presenting an Explosive Hazard.''
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\17\ Available at http://www.dtic.mil/whs/directives/c...05509-M-V7.pdf.
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(iii) Such an immediate response may include actions to provide
advice and assistance to civil authorities, when requested, in the
mitigation, rendering safe, and disposition of suspected or detected
presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other
potentially explosive material or device, or other potentially harmful
military chemical munitions or device, that creates an actual or
potential imminent threat.
(iv) Military munitions, discarded military munitions, and UXO in
an unauthorized location under the jurisdiction of public officials
potentially present an imminent and substantial danger to public safety
and health and to the environment, and may require an immediate EOD
response.
(A) These conditions include:
(1) Items that were illegally removed from military installations.
(2) Military munitions that land off range.
(3) Munitions located on property formerly leased or owned by DoD
(including manufacturing areas, pads, pits, basins, ponds, streams,
burial sites, and other locations incident to such operations).
(4) Transportation accidents involving military munitions.
(5) Unauthorized public possession of military munitions.
(B) Military munitions found in the conditions in paragraph
(c)(2)(iv) of this section should be considered extremely hazardous and
should not be disturbed or moved until technically qualified EOD
personnel assess and determine the hazard.
(C) DoD officials, including local military commanders:
(1) Will provide EOD support for military munitions, discarded
military munitions, and UXO that have (or appear to have) DoD origins.
(2) May, in accordance with 32 CFR part 185, provide EOD support
for military munitions or foreign ordnance that do not appear to have
DoD origins found in the United States under the conditions in
paragraph (c)(2)(iv) of this section.
(v) Rendering safe and disposing of improvised devices, non-
military commercial explosives, or similar dangerous articles reported
or discovered outside of DoD installations are primarily the
responsibility of civil authorities. However, due to the potential
lethality and danger to public safety, DoD EOD personnel may provide
assistance upon request in accordance with 32 CFR part 185.
(vi) When responding to requests for assistance from civil
authorities under immediate response authority pursuant to 32 CFR part
185, the closest capable EOD unit regardless of Military Service will
provide support.
(vii) Requests from civil authorities for non-immediate DoD EOD
support are subject to approval by the Secretary of Defense. Examples
of non-immediate DoD EOD support include, but are not limited to, post-
blast analysis, use of DoD material and equipment, and support of pre-
planned events. Exceptions include those activities in support of the
U.S. Secret Service that, in accordance with DoD Directive 3025.13,\18\
``Employment of DoD Capabilities in Support of the U.S. Secret Service
(USSS), Department of Homeland Security (DHS),'' do not require
Secretary of Defense approval and those activities undertaken in
response to requests for technical assistance or assessment of military
munitions that are performed solely for safety purposes.
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\18\ Available at http://www.dtic.mil/whs/directives/c...df/302513p.pdf.
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(viii) DoD EOD forces providing support under immediate response
authority under 32 CFR part 185 will also comply with 40 CFR parts 260-
270, ``Hazardous Waste Management System: General,'' and other
applicable local, State, and Federal laws and regulations, including
environmental laws and regulations.
(ix) The National Joint Operations and Intelligence Center (NJOIC)
and the FBI's Strategic Information Operations Center shall be advised
immediately of the recovery and disposition of military munitions, as
well as responses to non-military munitions and explosives. DoD
Components also shall ensure that reports are submitted within 72
hours, in accordance with 18 U.S.C. 846 and DoD Manual 5100.76,\19\
``Physical Security of Sensitive Conventional Arms, Ammunitions, and
Explosives (AA&E),'' to: Bureau of Alcohol, Tobacco, Firearms, and
Explosives, U.S. Bomb Data Center, 99 New York Ave. NE., 8S 295,
Washington, DC 20226.
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(3) Planning and Execution. (i) Combatant Commanders will:
(A) Maintain situational awareness of all EOD elements in support
of civil authorities, consolidate Service EOD incident reports, and
provide to the ASD(HD&ASA) and the ASD(SO/LIC) a monthly consolidated
report highlighting:
(1) DoD EOD support of civil authorities, resources, and work-hours
expended.
(2) Final determination of the item, as well as the agency
supported.
(3) Final disposition of the hazard, as well as a cost estimate of
the support provided.
(4) A status of reimbursement by the supported entity.
Reimbursement will not be sought for EOD response to military munitions
that have (or appear to have) DoD origins.
(B) Coordinate with the DoD Explosives Safety Board and the
Executive Manager for EOD Training and Technology to ensure information
sharing.
(ii) In situations where DoD EOD personnel are asked to provide
support to DOJ/FBI in conducting electronic countermeasures (ECM), such
personnel may only employ ECM in the United States if approved by the
Secretary of Defense and in accordance with the DOJ program for
applying ECM in the United States in response to threats of radio-
controlled improvised explosive devices (DOJ Federal ECM Program)
approved by the National Telecommunications and Information
Administration (NTIA) (see Section 7.25 of the NTIA Manual of
Regulations and Procedures for Federal Radio Frequency Management).
NTIA has approved the use of DoD military ECM assets in support of the
DOJ Federal ECM Program, however, only those DoD military ECM assets/
systems

[[Page 21837]]

that have been approved by NTIA for employment in the United States
under the DOJ Federal ECM Program may be used by DoD EOD personnel in
providing the requested support to DOJ/FBI.
(A) DoD officials may provide ECM equipment, and expert advice
regarding the FBI's use of the equipment, in accordance with paragraph
(c)(2) of this section when the FBI has approved use of ECM and when
there is insufficient time to obtain Secretary of Defense approval.
(B) All use of ECM equipment or devices while conducting EOD
operations supporting civil authorities will be coordinated with and
follow procedures established by the FBI's Strategic Information
Operations Center and reported to the NJOIC.
(iii) In consideration of the Military Departments' and the
Combatant Commanders' planning requirements and in consultation with
appropriate local civilian agencies, installation commanders will
identify off-installation critical infrastructure and key resources,
such as nuclear power stations, power plants, communications hubs, and
water treatment plants. Combatant Commanders and other responsible DoD
officials will assist in developing priorities for EOD support of civil
authorities. Installations without resident EOD forces will develop
plans to seek support from the nearest DoD EOD organization.
(iv) Combatant Commanders, as appropriate, will maintain
situational awareness of all EOD elements in support of civil
authorities, coordinate and de-conflict Military Services' EOD domestic
areas of response, and develop consolidated reporting procedures to
permit accurate and timely collection of data from the supporting
Services.
(v) Service EOD reports shall be used to indicate that DoD is
reclaiming accountability of DoD military munitions that were found
outside the custody of DoD. The Military Departments will forward
reports of reclaimed military munitions to installations for
ammunitions logistics management and submission to the DoD Explosives
Safety Board in accordance with DoD Manual 6055.09, Volume 7, DoD
Manual 5100.76, and DoD Instruction 5160.68,\20\ ``Single Manager for
Conventional Ammunition (SMCA): Responsibilities of the SMCA, the
Military Services, and the United States Special Operations Command
(USSOCOM).''
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\20\ Available at http://www.dtic.mil/whs/directives/c...df/516068p.pdf.
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(vi) Reimbursement is not required for EOD support involving
military munitions, discarded military munitions, and UXO that have DoD
origins or appear to have DoD origins. Combatant Commanders will
coordinate with the DoD Explosives Safety Board and the Executive
Manager for EOD Training and Technology to ensure information sharing.
(vii) In accordance with DoD Instruction 6055.17,\21\ ``DoD
Installation Emergency Management (IEM) Program,'' and applicable
Military Department issuances, commanders of EOD organizations will:
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\21\ Available at http://www.dtic.mil/whs/directives/c...df/605517p.pdf.
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(A) Coordinate with installation emergency managers to:
(1) Establish local processes and procedures to respond to and
report military and non-military munitions support requests from civil
law enforcement agencies.
(2) Determine priorities of EOD support for protecting critical
infrastructure and key resources when requested.
(B) Participate in installation emergency response exercises.
(C) Determine training requirements for conducting DSCA response
missions.
(4) Cooperation with Civil Authorities. (i) DoD EOD forces will
maintain relationships with local, State, tribal, and other Federal
bomb disposal and other law enforcement agency assets near their
geographical locations. Such relationships may include conferences and
training exercises to increase the interoperability and integration
with local bomb squad agencies, to improve the response capabilities to
civil authorities when requested, and to enhance the consolidated
response capabilities.
(ii) DoD EOD personnel may conduct UXO and explosive ordnance
awareness and education programs that inform and promote public safety
of the hazards associated with military munitions and explosive items.
(d) Domestic terrorist incident support. (1) DoD guidance. Only the
Secretary of Defense may authorize the use of DoD personnel in support
of civilian law enforcement officials during a domestic terrorism
incident, except as described in paragraph (d)(1)(ii) of this section.
The Commanders of USNORTHCOM, USPACOM, and USSOCOM, in coordination
with the CJCS, ASD(HD&ASA), and ASD(SO/LIC), have primary
responsibility for all military preparations and--when authorized by
the Secretary of Defense--operations, including the employment of armed
Federal military forces at the scene of any domestic terrorist
incident.
(i) In discharging those functions, the Commanders of USNORTHCOM,
USPACOM, and USSOCOM shall operate in a manner consistent with law
enforcement policies established by the Attorney General.
(ii) When a terrorist incident develops that has a potential for
military involvement, the Commanders of USNORTHCOM, USPACOM, and
USSOCOM may dispatch military observers to the incident site, with the
concurrence of the senior FBI official at the site, to appraise the
situation before any decision is made by the Secretary of Defense to
commit Federal military forces. Any dispatch of U.S. counterterrorism
forces as observers must be specifically authorized by the Secretary of
Defense through the CJCS.
(2) Requirement for vocal orders to be published. When the
Secretary of Defense authorizes U.S. counterterrorism forces to assist
with the resolution of a domestic terrorist incident, the CJCS shall
issue the appropriate order on behalf of the Secretary of Defense. That
order shall designate the command relationships for the deploying
forces.
(e) Use of information collected during DoD operations.
(1) Acquisition and dissemination. DoD Components are encouraged to
provide to Federal, State, or local civilian law enforcement officials
any information collected during the normal course of military
operations that may be relevant to a violation of State or Federal law
within the jurisdiction of such officials, except as described in
paragraph (a)(6)(vii)(B) of this section. The DoD Components shall
prescribe procedures for releasing information upon reasonable belief
that there has been such a violation.
(i) The assistance provided shall be in accordance with DoD
5400.11-R,\22\ ``Department of Defense Privacy Program,'' and with 10
U.S.C. 371 and other applicable laws.
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\22\ Available at http://www.dtic.mil/whs/directives/c...df/540011r.pdf.
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(ii) The acquisition and dissemination of information under
paragraph (e) of this section shall be in accordance with DoD Directive
5200.27,\23\ ``Acquisition of Information Concerning Persons and
Organizations not Affiliated with the Department of Defense,'' DoD
Directive

[[Page 21838]]

5240.01,\24\ ``DoD Intelligence Activities,'' and, for DoD intelligence
components, DoD 5240.1-R,\25\ ``Procedures Governing the Activities of
DoD Intelligence Components that Affect United States Persons.''
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\23\ Available at http://www.dtic.mil/whs/directives/c...df/520027p.pdf.
\24\ Available at http://www.dtic.mil/whs/directives/c...df/524001p.pdf.
\25\ Available at http://www.dtic.mil/whs/directives/c...df/524001r.pdf.
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(iii) The DoD Components shall establish procedures for ``routine
use'' disclosures of such information in accordance with DoD
Instruction 5160.68,\26\ ``Single Manager for Conventional Ammunition
(SMCA): Responsibilities of the SMCA, the Military Services, and the
United States Special Operations Command (USSOCOM),'' and DoD Directive
5400.11,\27\ ``DoD Privacy Program.''
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\26\ Available at http://www.dtic.mil/whs/directives/c...df/516068p.pdf.
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(iv) Under guidance established by the DoD Components concerned,
the planning and execution of compatible DoD training and operations
shall, to the maximum extent practicable, take into account the needs
of civilian law enforcement officials for information when the
collection of the information is an incidental aspect of training or
operations performed by Federal military forces consistent with 10
U.S.C. 371.
(v) The needs of civilian law enforcement officials shall, to the
maximum extent practicable, be considered when scheduling routine
training missions, consistent with 10 U.S.C. 371. This does not permit
the planning or creation of missions or training for the primary
purpose of aiding civilian law enforcement officials, and it does not
permit conducting training or missions for the purpose of routinely
collecting information about U.S. citizens.
(vi) Civilian law enforcement agents may accompany routinely
scheduled training flights as observers for the purpose of collecting
law enforcement information. This provision does not authorize the use
of DoD aircraft to provide point-to-point transportation and training
flights for civilian law enforcement officials. Such assistance may be
provided only in accordance with DoD 4515.13-R,\28\ ``Air
Transportation Eligibility.''
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(vii) Intelligence information held by the DoD Components and
relevant to drug interdiction or other civilian law enforcement matters
shall be provided promptly to appropriate civilian law enforcement
officials, unless sharing that information is determined by the head of
that DoD Component to be inconsistent with national security. Under
procedures established by the DoD Components concerned, information
concerning illegal drugs that is provided to civilian law enforcement
officials under provisions of DoD 5240.1-R shall also be provided to
law enforcement officials at the El Paso Intelligence Center.
(viii) Nothing in this section modifies DoD procedures for
dissemination of information for foreign intelligence or
counterintelligence purposes.
(ix) The DoD Components are encouraged to participate in the
Department of Justice law enforcement coordinating committees situated
in each Federal judicial district.
(x) The assistance provided under paragraph (e) of this section may
not include or permit direct participation by DoD personnel in the
interdiction of a vessel, aircraft, or land vehicle, or in a search,
seizure, arrest, or other similar activity, unless the member's
participation in such activity is otherwise authorized by law in
accordance with paragraph (a)(1)(ii) of this section.
(2) Military readiness. Information shall not be provided under
paragraph (e) of this section if it could adversely affect military
preparedness of the United States.
(f) Use of DoD equipment and facilities.
(1) Equipment and facilities. The DoD Components may make
equipment, base facilities, or research facilities available to
Federal, State, or local civilian law enforcement officials for law
enforcement purposes in accordance with the guidance in paragraph (f)
of this section.
(i) The ASD(HD&ASA) shall issue guidance to ensure that the
assistance provided under paragraph (f) of this section is in
accordance with applicable provisions of law, including:
(A) 10 U.S.C. 372, 377, 2576, and 2667.
(B) 31 U.S.C. 1535 (also known and referred to in this part as
``The Economy Act of 1932, as amended'') and 31 U.S.C. 6501-6508 (also
known as ``The Intergovernmental Cooperation Act of 1968, as
amended'').
(C) Title 40, U.S.C.
(D) 41 U.S.C. 102-103, 105-115, 151-153, 3101, 3105, 3301, 3303-
3305, 3509, 3901, 3905-3906, 4501-4506, 4701, and 6101.
(E) 44 U.S.C. chapters 21, 25, 29, and 31.
(ii) The ASD(HD&ASA) guidance shall also ensure compliance with DoD
Instruction 4165.70,\29\ ``Real Property Management,'' and DoD
Directive 5410.12,\30\ ``Economic Adjustment Assistance to Defense-
Impacted Communities,'' and other guidance that may be issued by the
Under Secretary of Defense (Comptroller)/Chief Financial Officer,
Department of Defense.
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\29\ Available at http://www.dtic.mil/whs/directives/c...df/416570p.pdf.
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(2) Limitations on the use of personnel. The DoD Components shall
follow the guidance in paragraph (a)(1)(iv) of this section in
considering requests for DoD personnel to operate or maintain, or to
assist in operating or maintaining, equipment made available according
to paragraph (f)(1) of this section.
(3) Military readiness. Assistance may not be provided under
paragraph (f) of this section if such assistance could adversely affect
military preparedness. Each request shall be evaluated using the
criteria provided in 32 CFR part 185 for evaluating legality,
lethality, risk, cost, appropriateness, and readiness. The implementing
documents issued by the DoD Components shall ensure that approval for
the disposition of equipment is vested in officials who can assess the
effect of such disposition on military preparedness.
(4) Approval authority. (i) Requests by civilian law enforcement
officials for DoD assistance for the use of DoD equipment and
facilities shall be forwarded to the appropriate approval authority
under the guidance in this section. All requests, including those in
which subordinate authorities recommend denial, shall be submitted
promptly to the approving authority. Requests will be forwarded and
processed according to the urgency of the situation.
(A) Requests for the use of equipment or facilities outside the
United States, other than for arms, ammunition, combat vehicles,
vessels, and aircraft, shall be considered in accordance with
procedures established by the applicable DoD Component.
(B) Requests from other Federal agencies to purchase equipment
(permanent retention) from a DoD Component, that are accompanied by
appropriate funding documents, may be submitted directly to the DoD
Component concerned.
(C) Requests for training, expert advice, or use of personnel to
operate or maintain equipment shall be forwarded in accordance with
paragraph (a)(5) of this section.
(D) For loans pursuant to 31 U.S.C. 1535 and 6501-6508, which are
limited

[[Page 21839]]

to agencies of the Federal Government, and for leases pursuant to 10
U.S.C. 2667, which may be made to entities outside the Federal
Government, this guidance applies:
(1) Requests for arms, ammunition, combat vehicles, vessels, and
aircraft shall be submitted to the Secretary of Defense for approval.
(2) Requests for loan or lease or other use of equipment or
facilities are subject to approval by the heads of the DoD Components,
unless approval by a higher official is required by statute or DoD
issuance applicable to the particular disposition.
(ii) The Heads of the DoD Components shall issue implementing
policy and direction for taking action on requests for loan, lease, or
other use of equipment or facilities that are not governed by
paragraphs (f)(4)(i)(D)(1) and (f)(4)(i)(D)(2) of this section. Such
implementing policy and direction shall ensure compliance with
applicable law and DoD issuances, including requiring specific levels
of approval with respect to particular dispositions.
(g) Funding.
(1) General. Reimbursement is required when equipment or services
are provided to agencies outside DoD.
(i) The primary sources of reimbursement requirements are the
Economy Act of 1932, as amended, for provision of equipment or services
to Federal departments and agencies and 10, U.S.C. 2667. 10 U.S.C. 377
requires reimbursement unless the Secretary of Defense elects to waive
reimbursement using the criteria described in paragraph (g)(2)(iii) of
this section.
(ii) Other statutes may apply to particular types of assistance or
may apply to assistance to specific civilian law enforcement entities.
Payment of fair market value under 10 U.S.C. 2667 may only be waived
under the provisions of 10 U.S.C. 2667.
(iii) A requirement for reimbursement does not apply when DoD
Components provide information, collected during the normal course of
military training or operations, to Federal, State, or local civilian
law enforcement agencies pursuant to 10 U.S.C. 371.
(2) Procedural requirements. (i) Defense support of civilian law
enforcement agencies is normally an unprogrammed requirement for DoD.
DoD 7000.14-R,\31\ ``Department of Defense Financial Management
Regulations (FMRs),'' Volumes 1-15, prescribes procedures for financing
and reporting costs. DoD Components shall comply with these procedures
and shall consider the factors presented in paragraph (g)(2)(iii) of
this section to determine or recommend whether financing is to be
accomplished on a reimbursable or non-reimbursable basis.
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\31\ Available at http://comptroller.defense.gov/fmr/.
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(ii) The Commanders of USNORTHCOM, USPACOM, and USSOCOM shall serve
as the financial managers responsible for DoD oversight of all
operations executed in their areas of responsibility in accordance with
Sec. 182.5(k).
(iii) The Secretary of Defense may waive reimbursement for DoD
support to civilian law enforcement agencies provided pursuant to 10
U.S.C. 18, or support provided by NG personnel performing duty pursuant
to 32 U.S.C. 502(f), in accordance with 10 U.S.C. 377, if such support:
(A) Is provided in the normal course of DoD training or operations;
or
(B) Results in a benefit to the DoD element or the NG personnel
providing the support that is substantially equivalent to that which
would otherwise be obtained from military operations or training.
(3) Personnel duty status. Funding for State active duty of NG
personnel is the responsibility of the State involved.

Dated: March 8, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-07802 Filed 4-11-13; 8:45 am]
BILLING CODE 5001-06-P

With brand new work permits and green cards, the illegal immigrants will be bellying up to the government job bar.