Emergency Employment of Army and Other Resources

## Support To Civilian Law Enforcement

                  Headquarters
                  Department of the Army
                  Washington, DC
                  1 July 1983
Unclassified

## Summary Of Change

AR 50051 Support to Civilian Law Enforcement

## Emergency Employment Of Army And Other Resources Support To Civilian Law Enforcement

Federal, State, and local civilian law enforcement officials.

Applicability. This regulation applies to all Active Army, Army National Guard (in Federalized status), and US Army Reserve elements furnishing resources to assist civilian law enforcement officials in the performance of their duties.

P r o p o n e n t  a n d  e x c e p t i o n  a u t h o r i t y .

Not applicable.

History. S u m m a r y .  T h i s  r e g u l a t i o n  i m p l e m e n t s D O D  D i r e c t i v e  5 5 2 5 . 5 .  I t  a l s o  e s t a b l i s h e s u n i f o r m  D e p a r t m e n t  o f  t h e  A r m y  p o l i c i e s and procedures covering support provided to Impact on New Manning System. This regulation does not contain information that affects the New Manning System.

A r m y  m a n a g e m e n t  c o n t r o l  p r o c e s s .

Not applicable.

Supplementation. Supplementation of this regulation is prohibited unless prior approval i s  o b t a i n e d  f r o m  H Q D A ( D A M O - O D S ) , WASH DC 20310.

Interim changes. Interim changes to this

## Contents (Listed By Paragraph And Page Number) Chapter 1 Introduction, Page 1

Section I General, page 1
Purpose - 11, page 1
References - 12, page 1
Explanation of abbreviations and terms - 13, page 1
Policy - 14, page 1 Reporting requirements - 15, page 1
Release of information - 16, page 1 Military preparedness - 17, page 1
Section II Responsibilities, page 1
Deputy Chief of Staff for Operations and Plans (DCSOPS) - 18, page 1
Deputy Chief of Staff for Logistics (DCSLOG) - 19, page 1
Comptroller of the Army (COA) - 110, page 1 Assistant Chief of Staff of Intelligence (ACSI) - 111, page 1
Deputy Chief of Staff for Personnel (DCSPER) - 112, page 1
Chief of Public Affairs (CPA) - 113, page 1 Commanders of major Army commands (MACOMs) - 114, page 1
Commanders of local installations and activities - 115, page 1
regulation are not official unless they are authenticated by The Adjutant General. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded.

S u g g e s t e d  I m p r o v e m e n t s .  T h e  p r o p o -
nent agency of this regulation is the Office of the Deputy Chief of Staff for Operations and Plans. Users are invited to send comments and suggested improvements on DA Form 2 0 2 8  ( R e c o m m e n d e d  C h a n g e s  t o  P u b l i c a - t i o n s  a n d  B l a n k  F o r m s )  d i r e c t l y  t o HQDA(DAMOODS), WASH DC 20310.

Distribution. Active Army, C; ARNG, C;
USAR, C.

## Chapter 2 Use Of Collected Information, And Military Equipment And Facilities, Page 1

Section I Use of Collected Information, page 1
Concept - 21, page 2 Acquisition and dissemination - 22, page 2
Section II Use of Military Equipment and Facilities, page 2
Equipment and facilities - 23, page 2 Limitations on use of personnel - 24, page 2
Approval authority - 25, page 2

## Chapter 3 Participation Of Personnel In Civilian Law Enforcement Activities, Page 2

Section I Approval Authority, page 2
Requests - 31, page 2 Exceptions based on status - 32, page 3
Section II Statutory Requirements, page 3
Posse Comitatus Act - 33, page 3 Permissible direct assistance - 34, page 3 Restrictions on direct assistance - 35, page 3 Training - 36, page 3 Expert advice - 37, page 3

## ContentsContinued

Use of Army personnel to operate or maintain equipment - 38, page 4
Limits of assistance - 39, page 4 Other permissible assistance - 310, page 4
Chapter 4 Guidance on Determining Reimbursements for Civilian Law Enforcement Support, page 4
Reimbursement - 41, page 4
Documentation - 42, page 4
Accounting system - 43, page 4 Costing - 44, page 4 Waivers - 45, page 5

## Appendixes

A.
Required Publications, page 6
B.
Sample Format for Quarterly Report of Assistance to Law
Enforcement Officials, page 6

## Chapter 1 Introduction Section I General

11. Purpose This regulation prescribes Department of the Army (DA) policies and procedures for providing Army resources in support of Federal, State, and local civilian law enforcement agencies.

## 12. References Required Publications Are Listed In Appendix A.

13. Explanation of abbreviations and terms
a. Abbreviations.
(1) ACSIAssistant Chief of Staff for Intelligence. (2) ASD (MRA&L)Assistant Secretary of Defense (Manpower,
Reserve Affairs, and Logistics).
(3) COAComptroller of the Army. (4) CPAChief of Public Affairs. (5) DADepartment of the Army.
(6) DCSLOGDeputy Chief of Staff for Logistics.
(7) DCSOPSDeputy Chief of Staff for Operations and Plans. (8) DCSPERDeputy Chief of Staff for Personnel. (9) DODDepartment of Defense. (10) HQDAHeadquarters, Department of the Army. (11) MACOMmajor Army command. (12) POCpoint of contact. (13) USSSUS Secret Service.
b. Terms.
(1) *Civilian agency.* Government agency (other than the DOD) in
the following jurisdictions:
(a) The United States.
(b) A State (or political subdivision). (c) A territory or possession of the United States.
(2) *Civilian law enforcement official.* Officer or employee of a
c i v i l i a n a g e n c y w i t h r e s p o n s i b i l i t y f o r e n f o r c e m e n t o f t h e l a w s within the jurisdiction of the agency.
14. Policy a. DA policy is to cooperate with civilian law enforcement officials to the maximum extent possible consistent with the following:
(1) The needs of national security and military preparedness. (2) The tradition of limiting direct military involvement in civilian law enforcement activities.

(3) The requirements of applicable law. b. The policies and procedures regarding equipment loans apply to all US military property, including property issued to the National Guard.

15. Reporting requirements A threepart quarterly report (RCS DDM (Q)1595) of all requests for assistance (approved, denied, or pending) will be submitted by c o m m a n d e r s  o f  m a j o r  A r m y  c o m m a n d s  ( M A C O M s )  t o HQDA(DALO SMS/DAMOODS), WASH DC 20310. The report will show action taken (approval, denial, or pending) and other appropriate information. (The format for this report is shown in app B.) The report is due the 15th of the month following the end of each quarter (15 April, 15 July, 15 October, and 15 January).

16. Release of information a. The civilian agency with primary responsibility for law enforcement functions also is responsible for the release of informat i o n  t o  t h e  p u b l i c  a b o u t  t h e  f u n c t i o n  c o n c e r n e d .  R e l e a s e  o f i n f o r m a t i o n  b y  t h e  c i v i l i a n  a g e n c y  s h o u l d  b e  c o o r d i n a t e d  w i t h Headquarters, Department of the Army (HQDA). The Army may release such information, however, under AR 3605.

b. When assistance is provided under this regulation, the Army may require that it be the sole releasing authority of information concerning the Army assistance provided.

17. Military preparedness Assistance may not be provided under this regulation if the provision of the assistance could affect adversely the national security or military preparedness.

## Section Ii Responsibilities

18. Deputy Chief of Staff for Operations and Plans (DCSOPS)
The DCSOPS will
a. Serve as Army Staff proponent for the Army's program for cooperating with civilian law enforcement officials.

b. Provide a single Army Staff point of contact (POC) for processing requests for
(1) Personnel to support civilian law enforcement officials. (2) Loans of equipment of an operational immediate nature. c. Submit for review by the Joint Chiefs of Staff those requests which a unified or specified commander has assessed as having an adverse impact on national security or military preparedness.

19. Deputy Chief of Staff for Logistics (DCSLOG)
The DCSLOG will provide a single Army Staff POC for coordinating routine requests for the loan of Army equipment to civilian law enforcement officials.

110. Comptroller of the Army (COA)
The COA will provide policy guidance on costing, reimbursement, and accounting for support provided to civilian agencies.

111. Assistant Chief of Staff of Intelligence (ACSI)
The ACSI will provide a POC for coordinating the release of military intelligencerelated information to civilian agencies.

112. Deputy Chief of Staff for Personnel (DCSPER)
The DCSPER will provide a POC for coordinating the release of nonmilitary intelligence information to civilian agencies.

113. Chief of Public Affairs (CPA)
The CPA will provide a POC for coordination and release of information to the public regarding Army support provided to civilian law enforcement officials.

114. Commanders of major Army commands (MACOMs)
MACOM commanders will
a. Insure that local POCs are established at all levels for coordination with civilian law enforcement officials.

b. Obtain an impact statement from the unified or specified commander concerned when requests for Army assistance involve resources in support of a unified or specified command.

c. Submit to HQDA(DAMOODS) requests that a unified or specified commander assesses as having an adverse impact on national security or military preparedness.

115. Commanders of local installations and activities
These commanders will
a. Maintain liaison with local civilian law enforcement officials. b. Approve, or forward with recommendation, loan requests from
local civilian law enforcement officials.

## Chapter 2 Use Of Collected Information, And Military Equipment And Facilities Section I Use Of Collected Information

21. Concept a. Army organizations are encouraged to furnish information collected in the normal course of military operations to the civilian law enforcement agency having jurisdiction. This is true if the information is reasonably believed to be relevant to violations of Federal, State, or local law. Information from noninvestigative agencies will be provided to the installation Provost Marshal for release. The installation Provost Marshal will coordinate with the local Staff Judge Advocate before releasing this information.

b. Procedures for disclosure of this information are set forth in AR 34017, AR 34021, and AR 38145.

c. Nothing in this regulation modifies Army policies and procedures contained in AR 38110. These policies and procedures concern collection or dissemination of information for intelligence or counterintelligence purposes.

d. Unless participation is authorized by law, or AR 38110, provisions of assistance to civil law enforcement officials under this r e g u l a t i o n  m a y  n o t  i n c l u d e  o r  p e r m i t  t h e  f o l l o w i n g  b y  A r m y members:
(1) Interdiction of a vessel, aircraft, or land vehicle. (2) Search or seizure, arrest, or other similar activity. e. Planning and execution of compatible military training and operations may consider the needs of civilian law enforcement officials for information, when the collection of information is an incidental aspect of training performed for a military purpose. This does not permit the following:
(1) Planning or creating missions or training for the primary purpose of aiding civilian law enforcement officials.

(2) Conducting training or missions for the purpose of routinely collecting information about US citizens.

22. Acquisition and dissemination Acquisition and dissemination of information and assistance to civil law enforcement agencies will be in accordance with section 371, title 10, United States Code, and AR 34017, AR 34021, AR 38013, AR 38110, and AR 38120.

## Section Ii Use Of Military Equipment And Facilities

23. Equipment and facilities a. Army installations may make the following available to Federal, State, or local civilian law enforcement officials for law enforcement purposes:
(1) Equipment. (2) Installation facilities. (3) Research facilities. b. This assistance can be provided only if it does not adversely affect national security or military preparedness.

24. Limitations on use of personnel a. A request for training, expert advice, or the use of DA personnel to operate or maintain, or to assist in operating or maintaining, equipment made available under paragraph 23 will be considered under the guidance in chapter 3.

b. Personnel in DA intelligence components also are subject to the limitations in AR 38110.

25. Approval authority a .  R e q u e s t s  f o r  t h e  f o l l o w i n g  w i l l  b e  p r o c e s s e d  u n d e r  A R
50050, AR 50060, AR 7515, or AR 14:
(1) Military assistance in the event of civil disturbance. (2) Disaster relief. (3) Explosive ordnance support.

(4) Support to the US Secret Service (USSS).

b. When requests for this equipment are not connected with civil disturbance, disaster relief, or support to the USSS, the requests should be processed as shown below.

( 1 )  R e q u e s t s  f o r  t h e  f o l l o w i n g  w i l l  b e  f o r w a r d e d  f r o m  t h e MACOM to HQDA(DALOSMS):
(a) Arms. (b) Ammunition. (c) Combat and tactical vehicles.

(d) Combat and tactical vessels. (e) Aircraft.

(f) Other equipment in excess of 60 days. (g) Special equipment requiring Department of Defense (DOD)
approval.

(2) Requests for loans of all other equipment will be processed under AR 700131.

c. Requests for the use of installation or research facilities will be forwarded from MACOM to HQDA(DAMOODS) for approval.

d. Requests for DA intelligence components to provide assistance will be forwarded from MACOM to HQDA(DAMICI) for consideration under AR 38110.

e. All requests will be submitted promptly to the approving authority, including those for which subordinate authorities recommend denial. Requests will be forwarded and processed in keeping with the appropriate degree of urgency dictated by the situation.

## Chapter 3 Participation Of Personnel In Civilian Law Enforcement Activities Section I Approval Authority

31. Requests Requests by civilian law enforcement officials for use of Army personnel in civilian law enforcement functions will be forwarded through command channels to the appropriate approval authority. Guidance in this chapter will be used.

a. Use of Army personnel in civil disturbances and related matters is governed by AR 50050; approval authorities are specified in AR 50050.

b. Requests for assistance to the government of the District of Columbia should be forwarded to HQDA(DAMOODS), WASH DC 20310.

c. Requests for the assignment of personnel will be forwarded to HQDA(DAMOODS).

(1) Secretary of Defense approval is required for requests that involve
(a) Assignment of 50 or more Army personnel. (b) Period of assignment of more than 30 days. (2) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)) is the approval authority for other requests for personnel assignment.

d. Approval authority has been granted to HQDA(DAMOODS)
for requests for assistance by Army personnel for a period of 6 months or less in the following categories:
(1) Use of Army personnel to provide training or expert advice, under paragraphs 36 and 37.

(2) Use of Army personnel for equipment maintenance, under paragraph 38.

(3) Use of Army personnel for monitoring and communicating the movement of air and sea traffic, under paragraph 33.

e. Requests that involve Army intelligence components are subject to the
(1) Limitations in AR 38110 and AR 38120. (2) Approval of the Secretary of Defense. f. All requests will be submitted promptly to the approving authority; these requests will include those in which subordinate aut h o r i t i e s  r e c o m m e n d  d e n i a l .  R e q u e s t s  w i l l  b e  f o r w a r d e d  a n d processed in keeping with the degree of urgency dictated by the situation.

32. Exceptions based on status Restrictions in section II below are not applicable to the following persons:
a. Members of a Reserve Component when not on active duty or active duty for training.

b. Members of the Army National Guard when not in Federal service.

c. Civilian employees of the DOD. (If under direct command and control of a military officer, assistance will not be provided unless permitted under para 31.)
d. Members of a Military Service when offduty and in a private capacity. (A member is not acting in a private capacity when assistance to law enforcement officials is rendered under direction, control, or suggestion of DOD authorities.)

## Section Ii Statutory Requirements

33. Posse Comitatus Act Primary restrictions on military participation in civilian law enforcement activities are outlined in the Posse Comitatus Act; this Act is section 1385, title 18, United States Code. It provides the following: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years or both."
34. Permissible direct assistance The following activities are not restricted by the Posse Comitatus Act, notwithstanding direct assistance to civilian law enforcement officials:
a. Actions taken for furthering a military or foreign affairs function of the United States, regardless of incidental benefits to civilian authorities. This provision must be used with caution; it does not include actions taken for 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 the following, depending on the nature of the DOD interest and the specific action in question:
(1) Actions related to enforcement of the Uniform Code of Military Justice.

( 2 )  A c t i o n s  l i k e l y  t o  r e s u l t  i n  a d m i n i s t r a t i v e  p r o c e e d i n g s  b y DOD, regardless of related civil or criminal proceeding.

( 3 )  A c t i o n s  r e l a t e d  t o  t h e  c o m m a n d e r ' s  i n h e r e n t  a u t h o r i t y  t o maintain law and order on a military installation or facility.

(4) Protection of classified military information or equipment. (5) Protection of DOD personnel, DOD equipment, and official guests of DOD.

(6) Other actions that are undertaken primarily for military or foreign affairs purposes.

b. Actions taken under the inherent right of the US Government to insure preservation of public order, and carrying out of governmental operations within its territorial limits, by force if necessary. This authority is reserved for unusual circumstances. It will be exercised only under AR 50050, which permits use of this power in two circumstances, as discussed below.

( 1 )  T h e  e m e r g e n c y  a u t h o r i t y  a u t h o r i z e s  p r o m p t  a n d  v i g o r o u s Federal action (including use of military forces) to
(a) Prevent loss of life or wanton destruction of property.

(b) Restore governmental functioning and public order.

Note. These actions will be taken when sudden and unexpected civil disturbances, disasters, or calamities seriously endanger life and property, and disrupt normal governmental functions so much that duly constituted local authorities are unable to control the situation.

(2) Protection of Federal property and functions authorizes Federal action (including the use of military forces) when
(a) The need for protection exists.

(b) Duly constituted local authorities are unable or decline to provide adequate protection.

c. Actions taken under DOD responsibilities (sec 331334, title
10, United States Code) relating to use of military forces with respect to insurgency, domestic violence, or conspiracy that hinders the execution of State or Federal law in specified circumstances. Actions under this authority are governed by AR 50050.

d. Actions taken under express statutory authority to assist officials in execution of laws, subject to applicable limitations. Laws that permit direct military participation in civilian law enforcement are listed below.

(1) Protection of national parks and certain other Federal lands
(secs 23, 78, and 596, title 16, United States Code).

(2) Enforcement of the Fishery Conservation and Management Act of 1976 (sec 1861 (a), title 16, United States Code).

(3) Assistance in cases of crimes against foreign officials, official guests of the United States, and other internationally protected persons (secs 112 and 1116, title 18, United States Code).

(4) Assistance in cases of crimes against members of the Congress (sec 351, title 18, United States Code).

(5) Protection of the President, Vice President, and other designated dignitaries (sec 1751, title 18, United States Code, and the Presidential Protection Assistance Act of 1976, Public Law 94524).

(6) Actions taken in support of neutrality laws (secs 408 and
46162, title 22, United States Code).

(7) Removal of persons unlawfully present on Indian lands (sec
180, title 25, United States Code).

(8) Execution of quarantine and certain health laws (sec 97, title
42, United States Code).

(9) Execution of certain warrants relating to enforcement of specified civil rights laws (sec 1989, title 42, United States Code).

( 1 0 )  R e m o v a l  o f  u n l a w f u l  e n c l o s u r e s  f r o m  p u b l i c  l a n d s  ( s e c
1065, title 43, United States Code).

(11) Protection of the rights of a discoverer of a Guano Island
(sec 1418, title 48, United States Code).

(12) Support of territorial governors in the event of civil disorders (secs 1422 and 1591, title 48, United States Code).

(13) Actions in support of certain customs laws (sec 220, title 50, United States Code).

(14) Support to the Attorney General in protecting nuclear material (under Public Law 97351).

35. Restrictions on direct assistance Except as otherwise provided in this regulation, prohibition on use of military personnel as a posse comitatus or otherwise to execute the laws prohibits the following forms of direct assistance:
a .  I n t e r d i c t i o n  o f  a  v e h i c l e ,  v e s s e l ,  a i r c r a f t ,  o r  o t h e r  s i m i l a r activity.

b. Search or seizure. c. Arrest or stop and frisk, or similar activity. d. Use of military personnel (1) For surveillance or pursuit of individuals. ( 2 )  A s  i n f o r m a n t s ,  u n d e r c o v e r  a g e n t s ,  i n v e s t i g a t o r s ,  o r interrogators.

36. Training Installations are authorized to provide training to Federal, State, and local civilian law enforcement officials in operation and maintenance of equipment made available under paragraph 23. This does not permit the following:
a. Large scale or elaborate training. b. Regular or direct involvement of military personnel in activities that are fundamentally civilian law enforcement operations.

37. Expert advice Installations may provide expert advice to Federal, State, or local law enforcement officials, under sections 371378, title 10, United States Code. This does not permit regular or direct involvement of military personnel in activities that are fundamentally civilian law enforcement operations.

38. Use of Army personnel to operate or maintain equipment Requests for Army personnel to operate or maintain (or to assist in operating or maintaining) equipment made available under paragraph 23 may be made by the head of a civilian agency empowered to enforce the laws listed below.

a. Controlled Substances Act (sec 801 *et seq*, title 21, United States Code); Controlled Substances Import and Export Act (sec 951
et seq, title 21, United States Code).

b. Any of sections 274 through 278 of the Immigration and Nationality Act (sec 132428, title 8, United States Code).

c. A law relating to the arrival or departure of merchandise into or out of the customs territory of the United States or any other territory or possession of the United States. "Merchandise" as used here is defined in section 401 of the Tariff Act of 1930 (sec 1401, title 19, United States Code). Customs territory of the United States, as used here, is defined in general headnote 2 of the Tariff Schedules of the United States (sec 1202, title 19, United States Code).

d. Any other law which establishes authority for DOD personnel to provide direct assistance to civilian law enforcement officials.

39. Limits of assistance a. Assistance provided under paragraph 38 will be limited to situations where training of nonDOD personnel would
(1) Be unfeasible or impractical from a cost or time perspective. (2) Not otherwise compromise national security or military preparedness concerns.

b. The following types of assistance may be provided under this paragraph:
(1) Army personnel may be assigned to maintain (or assist in maintaining) equipment, with respect to criminal violation of the laws specified in paragraph 38.

(2) Army personnel may be assigned to operate (or assist in o p e r a t i n g )  e q u i p m e n t  t o  t h e  e x t e n t  t h e  e q u i p m e n t  i s  u s e d  f o r monitoring and communicating movement of air and sea traffic, with respect to criminal violation of the laws specified in paragraph 38.

(3) In emergency circumstance, equipment operated by (or operated with the assistance of) Army personnel may be used outside the land area of the United States (or any US territory or possession) as a base of operations by Federal law enforcement officials to
(a) Facilitate the enforcement of a law listed in paragraph 38.

(b) Transport such law enforcement officials in connection with such operations.

(4) Emergency situations in (3) above are subject to the following limitations:
(a) Equipment operated by (or with the assistance of) DOD personnel may not be used to interdict or interrupt the passage of vessels or aircraft; the exception is when DOD personnel are otherwise authorized to take such action, with respect to a civilian law enforcement operation.

(b) A joint determination by the Secretary of Defense and the Attorney General must consider that an emergency circumstance exists (under sec 374(c)(2), title 10, United States Code). An emergency circumstance may be determined to exist for purposes of this subparagraph only under the following situations: when the size and scope of the suspected criminal activity in a given situation poses a serious threat to the interests of the United States; and enforcement of a law listed in paragraph 38 would be seriously impaired if the assistance described in this subsection were not provided.

(c) The emergency authority in this subparagraph may be used only with respect to largescale criminal activity at a particular time or over a fixed period. It does not permit use of this authority on a routine or extended basis.

(d) Nothing in this section restricts the authority of military personnel to take immediate action to save life or property, or to protect a Federal function as provided above.

(5) When Army personnel are otherwise assigned to provide assistance with respect to the laws specified in paragraph 38, the participation of such personnel will be consistent with the limitations in such laws.

310. Other permissible assistance The following forms of indirect assistance activities are not restricted by the Posse Comitatus Act:
a. Transfer of information acquired in the normal course of military operations.

b. Other actions (approved by HQDA) that do not subject civilians to the exercise of military power that is
(1) Regulatory. (2) Proscriptive. (3) Compulsory in nature.

Chapter 4 Guidance on Determining Reimbursements for Civilian Law Enforcement Support Note: Guidance in this chapter specifies funding requirements and reporting procedures for use of resources, in cooperation with civilian law enforcement officials; and this guidance also will be used for determining and billing the reimbursable portion of this support.)
41. Reimbursement In general, reimbursement is required when equipment or services are provided to agencies outside DOD. Reimbursement data will be accumulated and reported under financial reporting requirements.

a. Primary authority for reimbursement is the Economy Act (sec
1535, title 31, United States Code). Specific guidance on reimbursement for the loan of equipment or supplies is provided in AR 700131, chapter 5.

b. Reimbursement for telecommunications services will be under AR 10523 and AR 3761.

c. Time permitting, civilian law enforcement officials that come under source code 900 (sec AR 37100) will provide the supporting installation with a fund advance; this fund advance will be based on the estimated cost of equipment and services.

42. Documentation As a part of normal administrative control procedures, a copy of the civilian law enforcement agency request (or a statement of the requested support) and the official approval should be retained by the organization providing the assistance. Dates and locations of the support and the DA resources employed will be included.

43. Accounting system a. The system used to account for the cost of support to civilian law enforcement agencies need not be different than the system management officials have deemed adequate and sufficient for normal administration and control of resources.

b. When the accounting system used by management has the capability to accumulate and distribute the indirect costs incurred in providing the support (including the indirect costs for the overall management of the activity) that system should be used to accumulate the indirect costs.

(1) The existing accounting system should be used when it can be modified efficiently to provide a systematic and rational indirect c o s t i n g  p r o c e s s .  T h i s  s y s t e m  t h e n  w o u l d  b e  b e n e f i c i a l  i n  t h e daytoday operations of the activity.

(2) If management has no other recurring or significant use for an accounting system which separately can identify direct and indirect costs, the COA will establish a memorandum costing or cost finding system for activities providing support to civilian law enforcement agencies.

44. Costing a .  I n c r e m e n t a l  c o s t s  o f  s u p p o r t  p r o v i d e d  t o  a n y  n o n - D O D
agency by an Army industrial fund activity will be reimbursed.

A c c o r d i n g l y ,  n o r m a l  i n d u s t r i a l  f u n d  a c c o u n t i n g  p r o c e d u r e s  w i l l apply.

b. When permissible, automatic reimbursable accounting procedures will be used to record a request for reimbursable support with subsequent billing on not less than a quarterly basis if the support provided by an Army element is over an extended period. Moreover, payment is required within 30 days of the date of the bill. Payment may not be withheld over disagreement of cost for a specific item contained in the billing document.

45. Waivers a. When reimbursement is not required by law for a particular form of assistance, a request for waiver of reimbursement may be g r a n t e d .  R e q u e s t s  f o r  w a i v e r s  m u s t  b e  s u b m i t t e d  t o HQDA(DALOSMS or DAMOODS as appropriate), WASH DC 2 0 3 1 0 .  T h e  A S D ( M R A & L )  i s  t h e  a p p r o v a l  a u t h o r i t y  t o  w a i v e reimbursement.

b .  A  r e q u e s t  f o r  w a i v e r  m a y  b e  g r a n t e d  i n  t h e  f o l l o w i n g circumstances:
(1) When assistance under this regulation (a) Is provided as an incidental aspect of an activity that is conducted for a military purpose.

(b) Involves use of Army personnel in an activity that provides the Army with training or operational benefits substantially equivalent to the benefit of Army training or operations.

(2) When reimbursement is not otherwise required by law. (3) Waiver of reimbursement is determined not to have an adverse impact on military preparedness.

c .  W h e n  e v a l u a t i n g  r e q u e s t s  f o r  w a i v e r s  o f  r e i m b u r s e m e n t , HQDA(DAMOODS) will take into consideration
(1) Budgetary resources available to civilian law enforcement agencies.

(2) Past practices with respect to similar types of assistance.

## Appendix A Required Publications Section I Required Publications

AR 14
Employment of Department of the Army Resources in Support of the United States Secret Service. (Cited in para 25a.)
AR 3761
Budgeting, Funding, and Reimbursement for Telecommunications Support of Army Activities. (Cited in para 41b.)
AR 37100
Account/Code Structure. (Cited in para 41c.)
AR 7515
Responsibilities and Procedures for Explosive Ordnance Disposal. (Cited in para 25a.)
AR 10523
Administrative Policies and Procedures for Base Telecommunications Services. (Cited in para 41b.)
AR 34017
Release of Information and Records from Army Files. (Cited in paras 21b and 22.)
AR 34021
The Army Privacy Program. (Cited in paras 21b and 22.)
AR 3605
Public Information. (Cited in para 16a.)
AR 38013
Acquisition and Storage of Information Concerning Nonaffiliated Persons and Organizations. (Cited in para 22.)
AR 38110
US Army Intelligence Activities. (Cited in paras 21c and d, 22,
24b, 25d, and 31e(1).)

applicable for the reporting period should still be reported and
annotated as not applicable.
B2. The report is in three parts, as outlined below.
a. Part I. Part I is for requests for assistance from civilian law
enforcement officials (other than equipment).
(1) Requesting activity. (2) Request date. (3) Support requested (facilities, information, personnel, expert
advice, training, and so forth).
(4) Support period requested. (5) Approval status (approved, pending, or denied).
(6) Approval authority. (7) Rationale for disapproval. (8) Period support provided. (9) Incremental costs to Army ($). (10) Costs paid (year or now). (11) Rental fee (for buildings, facilities, and so forth). (12) Rental fee paid (year or now). (13) Number of personnel, workdays, and grade (civilian and
military).
(14) Remarks. b. Part II. Part II is for all equipment loans.
(1) Requesting activity.
(2) Request date. (3) Item requested. (4) Quantity. (5) Loan period requested. (6) Approval status (approved, ending, or denied). (7) Approval authority. (8) Rationale for disapproval. (9) Date equipment shipped. (10) Incremental costs to Army ($). (11) Costs paid (year or now). (12) Rental fee ($). (13) Rental fee paid (year or now). (14) Equipment returned (year or now). (15) Remarks. c. Part III. Part III is for Explosive Ordnance Disposal (EOD)
support.
(1) USSS support(number). (2) Other Very Important People support(number). (3) Other incident responses(number). (4) Classes taught(number).
AR 38120
US Army Counterintelligence (CI) Activities. (Cited in paras 22 and 31e(1).)
AR 38145
Investigative Records Repository (IRR). (Cited in para 21b.)
AR 50050
Civil Disturbances. (Cited in para 25a, 31a, and 34b and c.)
AR 50060
Disaster Relief. (Cited in para 25a.)

## Section Ii Required Publications

AR 700131
Loan of Army Materiel. (Cited in para 25b(2) and 41a.)
Appendix B Sample Format for Quarterly Report of Assistance to Law Enforcement Officials B1. This appendix provides a standard format for submitting quarterly reports of assistance to civilian law enforcement officials. Reports can be submitted electronically or in writing, but must follow this format. Explanatory data should be confined to the remarks entries at paragraph B2a(14) and B2b(15). Entries not

## Usapa

ELECTRONIC PUBLISHING SYSTEM TEXT FORMATTER ... Version 2.54

PIN:
                 053888000
DATE:
                 08-20-98
TIME:
                 18:29:35
PAGES SET:
                 10

DATA FILE:
              ar500-51.fil
DOCUMENT:
              AR 50051
DOC STATUS:
              NEW PUBLICATION