Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Proposed Rules 81547 

health plans and health insurance 

issuers would be impacted by expanded 

use of VBID methods? What direct or 

indirect costs and benefits would result? 

Which stakeholders will be impacted by 

such benefits and costs? 

3. What impact would expanded use 

of VBID methods have on small 

employers or small plans? Are there 

unique costs or benefits for small plans? 

What special considerations, if any, 

should the Departments take into 

account for small employers or small 

plans? 

Signed at Washington, DC on December 20, 

2010. 

Nancy J. Marks, 

Division Counsel/Associate Chief Counsel, 

Tax Exempt and Government Entities, 

Internal Revenue Service, Department of the 

Treasury. 

Signed at Washington, DC on December 21, 

2010. 

George H. Bostick 

Benefits Tax Counsel, Department of the 

Treasury. 

Signed at Washington, DC on December 16, 

2010. 

Phyllis C. Borzi 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

Dated: December 21, 2010. 

Jay Angoff 

Director, Office of Consumer Information and 

Insurance Oversight. 

[FR Doc. 2010–32612 Filed 12–27–10; 8:45 am] 

BILLING CODE 4830–01–P; 4510–29–P; 4120–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 182 

[DOD–2009–OS–0038; RIN 0790–AI54] 

Defense Support of Civilian Law 

Enforcement Agencies 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

implements 32 CFR part 185 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 

efforts, including responses to civil 

disturbances. 

DATES: Comments must be received by 

February 28, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tom LaCrosse, 703–697–5822. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and 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 tribunal 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, 

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 this Executive Order. 

Section 202, Public Law 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 tribunal 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 

proposed to be 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: Legal authorities include title 

10 U.S.C. 113, 331–334, 371–382, 2576, and 

2667; title 14 U.S.C. 141; title 16 U.S.C. 23, 

78, 593, and 1861; title 18 U.S.C. 112, 351, 

831, 1116, 1385, and 1751; title 22 U.S.C. 

408, 461–462; title 25 U.S.C. 180; title 31 

U.S.C. 1535; title 42 U.S.C. 97, 1989, and 

5121–5207 (Stafford Act); title 50 U.S.C. 

1621–1622; Public Law 94–524, and 

Executive Order 12656. 

§ 182.1. Purpose. 

This part implements 32 CFR part 185 

and title 10, United States Code (U.S.C.) 

375 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 

efforts, including responses to civil 

disturbances. 

§ 182.2. Applicability and scope. 

This part: 

(a) Applies to the Office of the 

Secretary of Defense (OSD), the Military 


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corres/pdf/511113p.pdf. 

2Authorized users may obtain a copy at http:// 

www.dtic.smil.mil/whs/directives. Others may send 

a written request by e-mail to USDI.Pubs@osd.mil. 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense (IG DoD), 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) Governs all DoD Component 

planning for and response to civil 

disturbance operations (CDO) (formerly 

referred to as ‘‘military assistance for 

civil disturbances’’). 

(c) Applies to the Army National 

Guard and the Air National Guard 

(hereafter referred to collectively as the 

‘‘National Guard’’) personnel when 

under Federal command and control. 

Also applies to National Guard 

personnel when the Secretary of 

Defense determines that it is appropriate 

to employ National Guard personnel in 

title 32, U.S.C., status to fulfill a request 

for defense support of civil authorities 

(DSCA), the Secretary of Defense 

requests the concurrence of the 

Governors of the affected States, and 

those Governors concur in the 

employment of National Guard 

personnel in such a status. 

(d) Does not apply to: 

(1) Counter narcotics operations, DoD 

Directive 5111.13,1 and aircraft piracy. 

Responsibilities of the DoD Components 

for aircraft piracy and counterdrug 

operations shall be communicated by 

the Chairman of the Joint Chiefs of Staff 

for the Secretary of Defense under 

authorities other than this part. 

(2) Assistance to law enforcement 

officials in foreign governments. 

(3) The U.S. Coast Guard when acting 

under its Title 14 U.S.C. authorities, 

except when operating as a service in 

the Navy, 14 U.S.C. 3. 

(4) The Defense Intelligence and 

Counterintelligence Components when 

providing assistance in accordance with 

paragraph 2.6. of Executive Order 

12333. 

(5) Requests for sensitive support 

requirements, which are governed by 

DoDD S–5210.36 2. 

§ 182.3. Definitions. 

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 agency, law 

enforcement agency with responsibility 

for enforcement of the laws within the 

jurisdiction of that agency. 

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. 

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. 

§ 182.4. Policy. 

It is DoD policy that: 

(a) The Department of Defense shall 

cooperate with civilian law enforcement 

officials consistent with the needs of 

national security and military readiness, 

while recognizing and conforming to the 

legal limitations of direct DoD 

involvement in civilian law 

enforcement activities as prescribed in 

this part. 

(b) Support of civilian law 

enforcement officials by DoD personnel 

shall be consistent with the restrictions 

of title 18 U.S.C. 1385, the Posse 

Comitatus Act, and title 10 U.S.C. 375; 

and those authorities provided in title 

18 U.S.C. 112, 351, 831, and 1116; and 

title 10 U.S.C. 382; Federal laws 

protecting the civil rights and civil 

liberties of individuals, and other 

applicable law. 

(1) The restrictions in these 

authorities shall apply to all actions of 

DoD personnel within and without the 

territorial boundaries of the United 

States. 

(c) Exceptions to the restrictions on 

the direct assistance of DoD personnel 

in executing the law for DoD actions 

conducted outside the territorial 

jurisdiction of the United States may be 

granted only by the Secretary or Deputy 

Secretary of Defense. 

(d) Requests for law enforcement 

support shall use the criteria in 32 CFR 

part 185. 

§ 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 and local 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, shall develop, 

coordinate, recommend, and supervise 

the implementation of policy for 

defense support of civilian law 

enforcement agencies and DSCA, 

including law enforcement support 

activities. In executing this 

responsibility for DoD law enforcement 

support activities, the ASD(HD&ASA) 

shall: 

(1) Act on behalf of the Secretary of 

Defense in accordance with this part 

and any supplemental guidance or 

direction provided by the Secretary. 

This includes, when authorized by the 

President, and directed by the Secretary 

of Defense, tasking the DoD Components 

to plan for and to commit DoD resources 

in response to requests from civil 

authorities for CDO. 

(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 officials, including 

CDO and law enforcement support to 

the District of Columbia and U.S. 

Territories, as appropriate. 

(4) Provide guidance to and oversight 

of the DoD Components for support of 

civilian law enforcement authorities, 

including CDO and law enforcement 

support of the District of Columbia and 

U.S. Territories, as appropriate. 

(5) Develop policy guidance for 

support of civilian law enforcement 

authorities as specified in § 182.5(a), 

taking into account the requirements of 

the Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)), 

the Under Secretary of Defense for 

Intelligence (USD(I)) and DoD 

Intelligence Components, as well as the 

interests of the Assistant Secretary of 

Defense for Health Affairs, the Assistant 

Secretary of Defense for Reserve Affairs 

(ASD(RA)), and the Assistant to the 

Secretary of Defense for Nuclear and 


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Chemical and Biological Defense 

Programs. 

(6) Assist in the development of 

policy governing plans, procedures, and 

requirements of the DoD Components 

with authority over defense resources 

that may be employed to provide law 

enforcement support to the District of 

Columbia and U.S. Territories, as 

appropriate. 

(7) Inform the ASD(RA) and the Chief 

of the National Guard Bureau (NGB) of 

all requests for assistance concerning 

National Guard and Reserve Component 

personnel and resources in support of 

civilian law enforcement officials, 

including CDO and law enforcement 

support to the District of Columbia and 

U.S. Territories, as appropriate; 

coordinate with ASD(RA) and others as 

appropriate regarding performance of 

duty pursuant to title 10 U.S.C. 331–334 

and 371–382, and title 32 U.S.C. 502(f) 

and other appropriate authorities. 

(8) Coordinate with the Chairman of 

the Joint Chiefs of Staff in advance any 

commitment to CDO of DoD forces 

assigned to the Combatant Commands. 

(9) Oversee reimbursement for 

assistance provided to civilian law 

enforcement officials, including CDO 

and law enforcement support of the 

District of Columbia and U.S. 

Territories, as appropriate. 

(c) The USD(I) shall: 

(1) Establish DoD processes and 

procedures to provide domestic 

intelligence support to civilian law 

enforcement officials in accordance 

with appropriate statutory authorities 

and DoD and Intelligence Community 

policy. 

(2) Facilitate the coordination of DoD 

policy governing intelligence support of 

law enforcement officials, including 

CDO and law enforcement support to 

the District of Columbia and U.S. 

Territories, as appropriate, with Federal 

departments and agencies, State, local, 

and tribal agencies, and the DoD 

Components, as required. 

(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 3, 

subject to coordination with the General 

Counsel of the Department of Defense. 

(e) 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 readiness of requests 

for civilian law enforcement assistance 

directed to units of the Reserve 

Components and National Guard. 

(f) The Heads of the DoD Components 

shall: 

(1) Strictly comply with and 

disseminate throughout their 

Components the guidance established 

by USD(P) pursuant to paragraph (a) of 

this section. 

(2) Dedicate appropriate resources for 

law enforcement support to carry out 

the purposes of this part that are 

consistent with defense policies, goals, 

and objectives. 

(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 preparation of 

recommendations regarding activities 

for which reimbursement could be 

waived in accordance with § 182.6(e) of 

this part. 

(4) Issue implementing documents in 

consultation with the Attorney General 

incorporating the guidelines and 

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, and local civilian 

law enforcement officials. 

(iii) Guidelines for evaluating requests 

for assistance in terms of impact on 

national security and military readiness. 

(5) Inform the Chairman of the Joint 

Chiefs of Staff of all requests for support 

for, and support provided to, civilian 

law enforcement officials. 

(g) The Secretaries of the Military 

Departments, in addition to the 

responsibilities in paragraph (f) of this 

section, shall provide resources to the 

DoD Components, consistent with 

defense policies, goals, and objectives, 

to carry out the purpose of this part. 

(h) The Chairman of the Joint Chiefs 

of Staff, in addition to the 

responsibilities in paragraph (f) of this 

section, shall: 

(1) Assist the ASD(HD&ASA) in 

developing CDO policy; in coordination 

with the ASD(HD&ASA), develop policy 

guidance for use by approving 

authorities in evaluating the effect of 

requests for civilian law enforcement 

assistance on national security and 

military readiness. 

(2) Provide advice on the effect on 

national security and military readiness 

of any request for defense assistance 

with respect to CDO, at the request of 

the Secretary of Defense or the DoD 

Components. 

(i) The Combatant Commanders, 

through the Chairman of the Joint Chiefs 

of Staff shall, in addition to the 

responsibilities in paragraph (f) of this 

section: 

(1) Develop operational policies, 

plans, and procedures, as necessary, to 

support the provisions of this part. 

(2) Implement the provisions of this 

part in appropriate training and 

exercises. 

(3) When designated as a supported 

commander, coordinate with supporting 

DoD components all reimbursement for 

assistance provided under the 

provisions of this part. 

(j) The Commanders of U.S. Northern 

Command (USNORTHCOM) and U.S. 

Pacific Command (USPACOM), through 

the Chairman of the Joint Chiefs of Staff 

and in addition to the responsibilities in 

paragraphs (f) and (i) of this section, 

shall: 

(1) Serve as the DoD planning agents 

for CDO, following the guidance of the 

ASD(HD&ASA) and in coordination 

with the Chairman of the Joint Chiefs of 

Staff. 

(2) Lead the CDO planning activities 

of the DoD Components in accordance 

with § 182.6(b)(3)(ii) of this part; serve 

as the DoD financial managers for CDO 

operations executed in their areas of 

responsibility in accordance with 

§ 182.6(e)(2)(ii) of this part. 

(k) The Chief, NGB shall: 

(1) Assist the ASD(HD&ASA) in the 

development of policy guidance on 

civilian law enforcement assistance 

directed to units of the National Guard 

in accordance with title 10 U.S.C. 

chapter 1011. 

(2) Assist the ASD(RA) in the 

development of policy guidance for use 

by approving authorities in evaluating 

the effect on military readiness of 

requests for civilian law enforcement 

assistance directed to units of the 

National Guard. 

(3) Serve as an advisor to the 

Combatant Commands on National 

Guard matters pertaining to Combatant 

Command missions, and support 

planning and coordination for such 

activities as requested by the Chairman 

of the Joint Chiefs of Staff or the 

Commanders of the Combatant 

Commands. 

(4) Serve as the channel of 

communication on all matters 

pertaining to National Guard homeland 

defense activities between: 

(i) the Secretary of Defense and the 

Heads of the DoD Components 

(including the Secretary of the Army 

and the Secretary of the Air Force), and 

(ii) the States. 

Direct liaison between the entities in 

paragraphs (k)(4)(i) and (k)(4)(ii) should 


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occur only in an emergency when time 

does not permit compliance with this 

part. In each such instance, the Chief, 

NGB, should be informed of the 

communication. 

§ 182.6. Procedures. 

(a) Restrictions on Participation of 

DoD Personnel in Civilian Law 

Enforcement Activities. 

(1) Guiding Statutory Requirements 

and Supporting Policies. 

(i) Posse Comitatus Act. The primary 

restriction on DoD participation in 

civilian law enforcement activities is the 

Posse Comitatus Act. It provides that 

unless expressly authorized by the 

Constitution or an act of Congress, 

whoever willfully uses any part of the 

Army or the Air Force as a posse 

comitatus or otherwise to execute the 

law shall be fined or imprisoned for not 

more than 2 years, or both. In 

accordance with title 18 U.S.C. 3571, 

fines may not be more than $250,000. 

(ii) Permissible Direct Assistance. 

Activities not restricted by the Posse 

Comitatus Act 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 provision, 

known as the Military Purpose Doctrine, 

must be used with caution, and 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 the following (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 (chapter 47 of 

title 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 4 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.) 

(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. 

(5) Protection of DoD personnel, 

equipment, and official guests, as 

authorized by statute and in conjunction 

with civilian authorities that may also 

have jurisdiction. 

(B) Audits and investigations 

conducted by, under the direction of, or 

at the request of the IG, DoD, pursuant 

to section 8(g) of Appendix 3 to title 5, 

U.S.C., subject to applicable limitations 

on direct participation in law 

enforcement activities. 

(C) When specifically authorized by 

the President in accordance with 

applicable law (e.g., title 10 U.S.C. 

chapter 15) or permitted under 

emergency authority (32 CFR part 185), 

for quelling civil disturbances or 

performing civilian law enforcement 

functions (e.g., search, seizure, arrest, 

and surveillance). When permitted 

under emergency authority, those DoD 

officials and commanders responsible 

for determining appropriate action 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 DoD forces, is 

authorized when necessary to protect 

Federal property or functions (32 CFR 

part 185). 

(D) DoD actions taken pursuant to title 

10 U.S.C. 331–334, relating to the use of 

DoD forces with respect to insurrection, 

domestic violence, or conspiracy that 

hinders the execution of State or Federal 

law in specified circumstances. 

(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. (See title 16 

U.S.C. 23, 78, and 593) 

(2) Enforcement of the Fishery 

Conservation and Management Act of 

1976, title 16 U.S.C. 1861. 

(3) Assistance in the case of crimes 

against foreign officials, official guests 

of the United States, and other 

internationally protected persons. (See 

title 18 U.S.C. 112 and 1116) 

(4) Assistance in the case of crimes 

against members of Congress. (See title 

18 U.S.C. 351) 

(5) Assistance in the case of crimes 

involving nuclear materials. (See title 18 

U.S.C. 831) 

(6) Protection of the President, Vice 

President, and other designated 

dignitaries. (See title 18 U.S.C. 1751) 

(7) Actions taken in support of the 

neutrality laws. (See title 22 U.S.C. 408 

and 461–462) 

(8) Removal of persons unlawfully 

present on Indian lands. (See title 25 

U.S.C. 180) 

(9) Execution of quarantine and 

certain health laws. (See title 42 U.S.C. 

97) 

(10) Execution of certain warrants 

relating to enforcement of specified civil 

rights laws. (See title 42 U.S.C. 1989) 

(11) Removal of unlawful enclosures 

from public lands. (See title 43 U.S.C. 

1065) 

(12). Protection of rights of a 

discoverer of an island covered by the 

Guano Islands Act (See title 48 U.S.C. 

1418) 

(13) Support of territorial governors if 

a civil disorder occurs. (See title 48 

U.S.C. 1422 and 1591) 

(14) Actions in support of certain 

customs laws. (See title 50 U.S.C. 220) 

(15) Support of the Attorney General 

in emergency situations involving 

chemical or biological weapons of mass 

destruction. (See title 10 U.S.C. 382) 

(iii) Restrictions on Direct Assistance. 

(A) Except as authorized by law, the 

Constitution, or this instruction, the 

prohibition on the use of DoD personnel 

as a posse comitatus or to otherwise 

execute the law includes these forms of 

direct assistance: 

(1) Interdiction of a vehicle, vessel, 

aircraft, or other similar activity. 

(2) A search or seizure. 

(3) An arrest, apprehension, stop and 

frisk, or similar activity. 

(4) Evidence collection, security 

functions, and crowd and traffic control. 

(5) Surveillance or pursuit of 

individuals, or acting as undercover 

agents, informants, investigators, or 

interrogators. 

(B) The use of deputized DoD 

uniformed personnel by State or local 

law enforcement authorities shall be in 

accordance with DoD Instruction 

5525.13, Limitation of Authority to 

Deputize DoD Uniformed Law 

Enforcement Personnel by State and 

Local Governments. 

(C) The use of deadly force and/or the 

carrying of firearms by DoD uniformed 

personnel while engaged in law 

enforcement or security duties for 


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protecting personnel, protecting vital 

Government assets, or guarding 

prisoners shall be in accordance with 

CJCSI 3121.01B, Standing Rules of 

Engagement Standing Rules for the Use 

of Force for U.S. Forces. 

(D) Requests for exceptions to policy 

outside the territorial jurisdiction of the 

United States when compelling and 

extraordinary circumstances justify 

them may only be granted by the 

Secretary or Deputy Secretary of 

Defense. 

(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 national security or 

military readiness. 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) Except as otherwise authorized by 

law, such assistance may not involve 

DoD personnel in a direct role in a law 

enforcement operation. (See paragraph 

(a)(1)(iii) of this section.) 

(B) Except as otherwise authorized by 

law, the performance of such assistance 

by DoD personnel shall be at a location 

where there is not a reasonable 

likelihood of a law enforcement 

confrontation. 

(C) The use of DoD aircraft to provide 

point-to-point transportation and 

training flights for civilian law 

enforcement officials may be provided 

only in accordance with DoD 4515.13– 

R 5. 

(D) A request for DoD personnel to 

operate or maintain, or to assist in 

operating or maintaining, equipment 

may be made by the head of a civilian 

agency empowered to enforce these 

laws: 

(1) Title 21 U.S.C. 801–904, and 

951–971. 

(2) Title 8, U.S.C. 1324–1328. 

(3) A law relating to the arrival or 

departure of merchandise as defined in 

title 19 U.S.C. 1401, into or out of the 

customs territory of the United States, as 

defined in title 19 U.S.C. 1401, or any 

other territory or possession of the 

United States. 

(4) Title 46, U.S.C. chapter 705. 

(5) Any law, foreign or domestic, 

prohibiting terrorist activities. 

(E) In addition to the assistance 

authorized under this section: 

(1) DoD personnel may be assigned to 

operate or assist in operating 

equipment: 

(i) To the extent the equipment is 

used in a supporting role, and 

(ii) When the equipment is used for 

monitoring and communicating to 

civilian law enforcement officials the 

movement of air and sea traffic with 

respect to any criminal violation of the 

laws specified in paragraph (a)(1)(iv) of 

this section; or 

(iii) When the agency providing 

assistance is authorized to furnish 

assistance to a State, local, or foreign 

government that is involved in the 

enforcement of laws similar to those in 

paragraph (a)(1)(iv)(D) (title 10 U.S.C. 

374(b)). 

(2) DoD personnel made available to 

a civilian law enforcement agency 

pursuant to title 10 U.S.C. 374(b) may 

operate equipment for: 

(i) Detection, monitoring, and 

communication of the movement of air 

and sea traffic. 

(ii) Detection, monitoring, and 

communication of the movement of 

surface traffic outside of the geographic 

boundary of the United States and 

within the United States, not to exceed 

25 miles of the boundary if the initial 

detection occurred outside of the 

boundary. 

(iii) Aerial reconnaissance (does not 

include satellite reconnaissance or 

technical means). 

(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 law enforcement programs 

specified in paragraph (a)(1)(iv)(D) of 

this section and title 10 U.S.C. 374. 

(vi) Transportation of civilian law 

enforcement personnel and operation of 

a base of operations for civilian law 

enforcement personnel, 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). 

(F) DoD personnel made available to 

operate equipment for the purposes in 

paragraph (a)(1)(iv)(E)(2)(iv) of this 

section may continue to operate such 

equipment into the land area of the 

United States in cases involving the 

pursuit of vessels or aircraft where the 

detection began outside such land area. 

(G) The Secretary of Defense may 

make DoD personnel available to any 

Federal, State, or local civilian law 

enforcement agency to operate 

equipment for purposes other than 

described in paragraph (a)(1)(iv)(E) of 

this section, only to the extent that such 

support does not involve direct 

participation by such personnel in a 

civilian law enforcement operation 

unless such direct participation is 

otherwise authorized by law. 

(H) Nothing in this part restricts the 

authority of DoD personnel to take 

emergency action to prevent loss of life 

or wanton destruction of property, or to 

restore governmental functioning and 

public order, or provide adequate 

protection for Federal property or 

Federal government functions when 

sudden and unexpected civil 

disturbances occur, and if duly 

constituted local authorities are unable 

to control the situation and 

circumstances preclude obtaining prior 

authorization by the President 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, including 

policy of the DoD Components 

concerned. 

(v) Expert Advice. The DoD 

Components may provide expert advice 

to Federal, State, or local law 

enforcement officials in accordance 

with title 10 U.S.C. 373. This 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. 

(vi) Training. (A) The DoD 

Components may provide training to 

Federal, State, and local civilian law 

enforcement officials. Such assistance 

may include training in the operation 

and maintenance of equipment made 

available under paragraph (d)(1) of this 

section. This does not permit large-scale 

or elaborate training, or advanced 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: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
81552 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Proposed Rules 

6Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/524001p.pdf. 

7Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/524001r.pdf. 

(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 national security or 

military readiness. 

(2) Assistance may not involve DoD 

personnel in a direct role 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 law 

enforcement confrontation, except as 

otherwise authorized by law. 

(vii) Other Permissible Assistance. 

These forms of indirect assistance are 

not restricted by the Posse Comitatus 

Act (title 18 U.S.C. 1385): 

(1) Transfer of information acquired 

in the normal course of DoD operations 

that may be relevant to a violation of 

any Federal or State laws. 

(2) 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, or compulsory. 

(2) Exceptions Based on Status. The 

restrictions in paragraph (a) of this 

section do not apply to these persons: 

(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 National Guard 

when not in title 10, U.S.C., status, 

including when called into Federal 

service. 

(iii) A civilian employee of the 

Department of Defense. If the civilian 

employee is under the direct command 

and control of a DoD officer, assistance 

will not be provided unless it is 

permitted by paragraph (a)(1)(ii) 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 U.S. Coast Guard 

acting under the established authorities 

of that Service. 

(vi) A member of the Civil Air Patrol 

when performing non-Air Forcedirected missions. 

(3) Exceptions Based on Military 

Service. DoD guidance on the Posse 

Comitatus Act is applicable to the 

Department of the Navy as a matter of 

policy with such exceptions as may be 

provided by the Secretary of the Navy 

on a case-by-case basis. 

(i) Such exceptions shall include 

requests from the Attorney General for 

assistance pursuant to title 21 U.S.C. 

873(b). 

(ii) Prior approval from the Secretary 

of Defense shall be obtained for 

exceptions that are likely to involve 

participation by members of the Navy or 

Marine Corps in an interdiction of a 

vessel or aircraft; a law enforcement 

search or seizure; or an arrest, 

apprehension, or other activity that is 

likely to subject civilians to the use of 

DoD power that is regulatory, 

prescriptive, or compulsory. 

(4) Military Readiness. Assistance 

may not be provided if such assistance 

could adversely affect national security 

or military readiness. The implementing 

documents issued by the DoD 

Components shall ensure that approval 

for the operation of equipment is vested 

in officials who can assess the effect of 

such operation on national security and 

military readiness. 

(5) Approval Authority. Requests by 

civilian law enforcement officials for 

use of DoD personnel in civilian law 

enforcement functions shall be 

forwarded to the appropriate approval 

authority. 

(i) The President, through an 

executive order to the Secretary of 

Defense, is the approval authority for 

requests for assistance for CDO and 

those other operations that include 

responding with assets with the 

potential for lethality, except as 

provided in paragraph (a)(1)(ii) of this 

section for emergency authorities and in 

32 CFR part 185. 

(ii) Requests that involve the Defense 

Intelligence and Counterintelligence 

Components are subject to approval by 

the Secretary of Defense and the 

guidance in DoD Directive 5240.01 6 and 

DoD 5240.1–R7. 

(iii) Except as provided in paragraph 

(a)(1)(iii) of this section, the 

ASD(HD&ASA) may 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 paragraph 

(a)(1)(iv)(E)(2) of this section. 

(iv) All requests shall be submitted 

promptly to the ASD(HD&ASA) for 

action by the Secretary of Defense, as 

appropriate. 

(v) The views of the Chairman of the 

Joint Chiefs of Staff shall be obtained on 

all requests that are considered by the 

Secretary of Defense or the 

ASD(HD&ASA) or that otherwise 

involve personnel assigned to a unified 

or specified command and that may 

affect military readiness. 

(vi) All requests that are to be 

considered by the Secretary of Defense 

or the ASD(HD&ASA) that involve 

Reserve Component personnel or 

equipment shall be coordinated with the 

ASD(RA). 

(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 and 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. 

(ii) The primary responsibility for 

protecting life and property and 

maintaining law and order in the 

civilian community is vested in the 

State and local governments. 

Supplementary responsibility is vested 

by statute in specific agencies of the 

Federal Government other than the 

Department of Defense. The President 

has additional powers and 

responsibilities under the Constitution 

of the United States to ensure that law 

and order are maintained. 

(iii) Responsibility for the 

management of the Federal response to 

civil disturbances rests with the 

Attorney General of the United States. 

(iv) Any employment of DoD forces in 

support of law enforcement operations 

shall maintain the primacy of civilian 

authority. Requests from the Attorney 

General to the Department of Defense 

for this support may be provided at the 

direction of the President in response to 

an official request by State or Federal 

authorities. 

(v) The employment of DoD forces to 

control civil disturbances must be 

authorized by the President through an 

executive order directing the Secretary 

of Defense to act in a specified civil 

jurisdiction under specific 

circumstances. 

(vi) 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: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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8Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/552513p.pdf. 

9Available at http://www.dtic.mil/whs/directives/ 

corres/html/521056.htm. 

10Available at: http://www.dtic.mil/whs/ 

directives/corres/pdf/511110p.pdf. 

(A) Pursuant to Executive Order 

12656, it is the policy of the Federal 

Government to have sufficient 

capabilities at all levels of government 

to meet essential defense and civilian 

needs during any national security 

emergency. The policy directs the heads 

of the Federal departments and agencies 

to identify facilities and resources, both 

Government and private, essential to the 

national defense and national welfare, 

and to develop strategies, plans, and 

programs to provide for the security of 

such facilities and resources, and to 

avoid or minimize disruptions during 

any national security emergency. In 

some circumstances, risks to such 

facilities and resources may coincide 

with or constitute civil disturbances. 

(B) The Department of Defense will 

support civil authorities in civil 

defense, including facilitating the use of 

the National Guard in each State for 

response in both peacetime disasters 

and national security emergencies. In 

some circumstances, an attack may 

coincide with or encompass civil 

disturbances. 

(C) Guidelines concerning the use of 

deputized DoD uniformed personnel by 

State or local law enforcement 

authorities is outlined in DoDI 

5525.13 8. 

(D) Guidelines concerning the 

carrying of firearms and/or the use of 

deadly force by DoD uniformed 

personnel while engaged in law 

enforcement or security duties for 

protecting personnel, protecting vital 

Government assets, or guarding 

prisoners is outlined in DoDD 5210.56 9

and CJCSI 3121.01B. 

(2) DoD Requirements. (i) Federal 

military forces shall not be used for 

CDO unless specifically authorized by 

the President, except under emergency 

authorities as provided in title 48 U.S.C. 

1422 and 1591and paragraph (a)(1)(ii)(C) 

of this section. 

(ii) DoD forces shall be made available 

for CDO, consistent with DoD priorities, 

as coordinated by designated 

representatives, as directed by the 

President. 

(iii) DoD forces employed in CDO 

shall remain under Secretary of Defense 

command and control at all times. 

(iv) The pre-positioning of DoD forces 

for CDO shall not exceed a battalionsized unit unless a larger force is 

authorized by the President. 

(v) The DoD Components shall not 

take charge of any function of civil 

government unless absolutely necessary 

under conditions of extreme emergency 

(e.g., situations that require the exercise 

of emergency authorities 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 the 

emergency needs, and shall facilitate the 

reestablishment of civil responsibility at 

the earliest time possible. 

(3) CDO Planning and Execution. (i) 

To ensure essential control and sound 

management of all DoD 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 DoD planning agents for CDO, or 

through joint task force commanders, 

and only when specifically directed by 

the Secretary of Defense or as described 

in paragraph (a)(1)(ii) of this section. 

(ii) The Commanders of 

USNORTHCOM and USPACOM, as the 

DoD planning agents for CDO in 

accordance with § 182.5(j) 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. 

(iii) CDO plans and readiness 

measures shall foster efficient 

employment of Federal equipment 

controlled by National Guard forces, 

whether employed under State or 

Federal authority, as well as resources 

of the DoD Components. 

(iv) For a CDO response: (A) If the 

President directs the use of DoD forces 

for CDO, the ASD(HD&ASA) shall 

obtain direction from the Secretary of 

Defense for implementation of the 

President’s direction. The Secretary of 

Defense will communicate his or her 

approval to the Combatant Commanders 

through the Chairman of the Joint Chiefs 

of Staff. 

(B) The ASD(HD&ASA) shall provide 

any request, contingency plan, directive, 

or order affecting the employment of 

U.S. special operations forces to the 

Assistant Secretary of Defense for 

Special Operations and Low-Intensity 

Conflict and Interdependent 

Capabilities (ASD(SO/LIC&IC), who 

supervises the employment of those 

forces on behalf of the Secretary of 

Defense in accordance with DoDD 

5111.10 10. 

(C) Additionally, the ASD(HD&ASA), 

in coordination with ASD(SO/LIC&IC) 

for the employment of special 

operations forces, shall provide overall 

supervision of the employment of DoD 

personnel and resources for homeland 

defense activities for domestic terrorist 

incidents and other purposes in 

coordination with the Chairman of the 

Joint Chiefs of Staff. 

(4) Role of the National Guard. (i) 

Army and Air National Guard forces 

have primary responsibility for 

providing support to State and local 

government agencies in civil 

disturbances. 

(ii) DoD forces (including National 

Guard forces called into Federal service 

under title 10, U.S.C.) shall support the 

primary Federal agency to assist State 

law enforcement authorities to conduct 

CDO. Federal forces will always remain 

under the President’s authority as 

Commander in Chief and will maintain 

a Federal chain of command. Federal 

forces may conduct CDO in close 

coordination with State National Guard 

forces using direct liaison. 

(iii) National Guard forces may be 

ordered to active duty or called into 

Federal service to ensure unified 

command and control of all DoD forces 

for CDO when the President determines 

that action to be necessary. 

(iv) The Chief, NGB, will inform, as 

appropriate, the responsible Combatant 

Commander of plans developed by 

States for contingency use of nonfederalized National Guard forces for 

CDO. 

(5) Cooperation with Civil Agencies. 

(i) The Attorney General of the United 

States receives and coordinates 

preliminary requests for CDO from other 

civil agencies pursuant to title 10 U.S.C. 

331–334. 

(A) Formal requests for CDO must be 

presented to the President, who will 

determine the Federal action to be 

taken. 

(B) In the Department of Justice, the 

Federal Bureau of Investigation may 

lead the operational response to a civil 

disturbance incident. 

(C) The President will, through the 

Attorney General, communicate the 

President’s policy guidance to the DoD 

commander for CDO. In addition, the 

Attorney General may designate a senior 

civilian, known as the Senior Civilian 

Representative of the Attorney General 

(SCRAG), as his or her representative. 

(ii) The ASD(HD&ASA) shall 

represent the Department of Defense in 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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11Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/520027p.pdf. 

12Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/416506p.pdf. 

13Available at http://www.dtic.mil/whs/ 

directives/corres/html/541012.htm. 

coordinating CDO planning and 

execution with the Department of 

Justice, and with other Federal and State 

law enforcement agencies. 

(c) Use of Information Collected 

During DoD Operations—(1) Acquisition 

and Dissemination. The 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 any law within the 

jurisdiction of such officials. 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 title 10 U.S.C. 371 and 

other applicable laws. 

(ii) The acquisition and dissemination 

of information under this section shall 

be in accordance with DoDD 5200.27, 

DoDD 5240.1, and DoD 5240.1–R.11

(iii) The DoD Components shall 

establish procedures for ‘‘routine use’’ 

disclosures of such information in 

accordance with 32 CFR part 310. 

(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 

performed for a DoD purpose (title 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. 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 (title 10 

U.S.C. 371). 

(vi) Local 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-topoint transportation and training flights 

for civilian law enforcement officials. 

Such assistance may be provided only 

in accordance with title 10 U.S.C. 371– 

382 and DoD 4515.13–R. 

(vii) 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 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 this 

section may not include or permit direct 

participation by a member of a Military 

Service in the interdiction of a vessel, 

aircraft, or land vehicle, or in a search 

or seizure, arrest, or other similar 

activity, unless the member’s 

participation in such activity is 

otherwise authorized by law. (See 

paragraph (a)(1)(ii) of this section) 

(2) Military Readiness. Information 

shall not be provided under this section 

if it could adversely affect national 

security or military readiness. 

(d) 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 this 

section. 

(i) ASD(HD&ASA) shall issue 

guidance to ensure that the assistance 

provided under this section is in 

accordance with applicable provisions 

of title 10 U.S.C. 372, 2576, and 2667; 

title 31 U.S.C. 1535; the Federal 

Property and Administrative Services 

Act of 1949, title 40, U.S.C.; title 41 

U.S.C. 5, 251–255, and 257–260; title 44, 

U.S.C. chapters 21, 25, 29, and 31; and 

other applicable laws. 

(ii) ASD(HD&ASA) guidance shall 

also ensure compliance with DoDDs 

4165.6 12 and 5410.12,13 and other 

guidance that may be issued by the 

Under Secretary of Defense 

(Comptroller)/Chief Financial Officer, 

Department of Defense. 

(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 

in (a)(1)(iv) of this section. 

(3) Military Readiness. Assistance 

may not be provided under this section 

if such assistance could adversely affect 

national security or military readiness. 

Each request shall be evaluated using 

criteria provided in 32 CFR part 185 for 

determining 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 impact of such disposition on 

national security and military readiness. 

(4) Approval Authority. (i) Requests 

by civilian law enforcement officials for 

DoD assistance 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 continental 

United States, other than for arms, 

ammunition, combat vehicles, vessels, 

and aircraft, shall be approved in 

accordance with procedures established 

by the applicable DoD Component. 

(B) Requests from Federal agencies for 

purchase of equipment (permanent 

retention) between Federal agencies that 

are accompanied by appropriate funding 

documents may be submitted directly to 

the DoD Components. Requests for 

transferring equipment to Federal 

agencies must be processed pursuant to 

the Economy Act of 1932, title 31, 

U.S.C. 1535. 

(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 the Federal 

Property and Administrative Services 

Act of 1949, as amended, title 40, 

U.S.C.; or the Economy Act of 1932, as 

amended, title 31 U.S.C. 1535, which 

are limited to agencies of the Federal 

Government; and for leases pursuant to 

title 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 through the ASD 

(HD&ASA) for approval by the Secretary 

of Defense. 

(2) Requests for loan or lease or other 

use of equipment or facilities are subject 

to approval by the DoD Components, 

unless approval by a higher official is 

required by statute or DoDD applicable 

to the particular disposition. 

(ii) The DoD Components shall issue 

implementing policy and direction for 

taking action on requests for loan, lease, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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14Available at http://www.defenselink.mil/ 

comptroller/fmr/. 

or other use of equipment or facilities 

that are not governed by paragraph 

(a)(1)(iv) of this section. Such 

implementing policy and direction shall 

ensure compliance with applicable 

statutes and DoDDs requiring specific 

levels of approval with respect to 

particular dispositions. 

(e) Funding—(1) General. 

Reimbursement is required when 

equipment or services are provided to 

agencies outside the Department of 

Defense. The primary sources of 

reimbursement requirements are the 

Economy Act, title 31 U.S.C. 1535 for 

Federal agencies; the Robert T. Stafford 

Disaster Relief and Emergency Act of 

1988, title 42, U.S.C. 5121–5207; and 

title 10, U.S.C. 377 and 2667, provide 

guidance regarding Secretary of Defense 

waivers of reimbursement for support to 

civilian law enforcement agencies. 

Other statutes may apply to particular 

types of assistance or assistance to 

specific civilian law enforcement 

entities. 

(2) Procedural Requirements. (i) 

Defense support of civilian law 

enforcement agencies is normally an 

unprogrammed requirement for the 

Department of Defense. DoD 7000.14– 

R,14 prescribes procedures for financing 

and reporting costs. DoD Components 

shall comply with these procedures and 

shall consider the factors presented in 

paragraph (e)(1) of this section to 

determine or recommend whether 

financing is to be accomplished on a 

reimbursable or non-reimbursable basis. 

(ii) The Commanders of 

USNORTHCOM and USPACOM shall 

serve as the financial managers 

responsible for DoD oversight of all 

operations executed in their areas of 

responsibility (§ 182.5(j)(1) of this part). 

(iii) The Secretary of Defense may 

waive reimbursement for DoD support 

to civilian law enforcement agencies in 

accordance with title 10 U.S.C. 377, or 

support provided by National Guard 

personnel performing duty pursuant to 

title 32 U.S.C. 502(f) in accordance with 

title 10, U.S.C. 377 if such support: 

(A) Is provided in the normal or 

incidental course of DoD training or 

operations; or 

(B) Results in a benefit to the element 

of the Department of Defense or 

personnel of the National Guard 

providing the support that is 

substantially equivalent to what would 

otherwise be obtained from DoD 

operations or training. 

(3) Personnel Duty Status. Funding for 

State active duty of National Guard 

personnel is the responsibility of the 

State involved. 

Dated: December 22, 2010. 

Morgan F. Park, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–32552 Filed 12–27–10; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0808; FRL–9243–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Sulfur Dioxide SIP Revision 

for Marathon Petroleum St. Paul Park 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a sulfur dioxide State Implementation 

Plan revision request for Marathon 

Petroleum in St. Paul Park, Minnesota. 

This submittal updates the State 

Implementation Plan to reflect the 

installation of new boilers and a sulfur 

recovery unit and changes to three 

existing heaters. Overall, this update 

represents a decrease in sulfur dioxide 

emissions. 

DATES: Comments must be received on 

or before January 27, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0808, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Mary Portanova, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–5954, 

portanova.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: December 15, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–32483 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0857; FRL–9243–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County’s 

Adoption of Control Techniques 

Guidelines for Large Appliance and 

Metal Furniture; Flat Wood Paneling; 

Paper, Film, and Foil Surface Coating 

Processes; and Revisions to 

Definitions and an Existing Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 


emcdonald on DSK2BSOYB1PROD with PROPOSALS