21826 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 558 

RIN 3141–AA15 

Tribal Background Investigations and 

Licensing 

AGENCY: National Indian Gaming 

Commission, Interior. 

ACTION: Technical amendment. 

SUMMARY: The National Indian Gaming 

Commission (NIGC or Commission) is 

revising its gaming license regulations 

to correct a section reference in one of 

its rules. 

DATES: Effective: April 29, 2013. 

FOR FURTHER INFORMATION CONTACT: John 

Hay, National Indian Gaming 

Commission, 1441 L Street NW., Suite 

9100, Washington, DC 20005. Email: 

john_hay@nigc.gov; telephone: 202– 

632–7009. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Indian Gaming Regulatory Act 

(IGRA or the Act), Public Law 100–497, 

25 U.S.C. 2701, et seq., was signed into 

law on October 17, 1988. The Act 

established the NIGC and sets out a 

comprehensive framework for the 

regulation of gaming on Indian lands. 

The Act provides a statutory basis for 

the operation of gaming by Indian tribes 

as a means of promoting tribal economic 

development, self-sufficiency, and 

strong tribal governments. To ensure 

that Indian tribes are the primary 

beneficiaries of their gaming operations 

and to protect such gaming as a means 

of generating tribal revenue, IGRA 

requires that tribes conduct background 

investigations on their gaming 

operations’ primary management 

officials and key employees and submit 

those results to the Commission before 

issuing gaming licenses. 25 U.S.C. 

2710(b)(2)(F)(ii)(III). The Act also 

requires tribes to notify the Commission 

after they have issued such gaming 

licenses to their primary management 

officials or key employees. 25 U.S.C. 

2710(b)(2)(F)(ii)(I). 

On January 25, 2013, the Commission 

published a final rule amending parts 

556 and 558: to streamline the 

submission of documents to the 

Commission; to ensure that two 

notifications are submitted to the 

Commission in compliance with IGRA; 

and to clarify the rules regarding the 

issuance of temporary and permanent 

gaming licenses. 78 FR 5276, Jan. 25, 

2013. The final rules published on 

January 25, 2013 incorrectly referenced 

a specific section in one of its rules. 

This amendment is intended to correct 

the section reference in one of its rules. 

Regulatory Matters 

Regulatory Flexibility Act 

The rule will not have a significant 

impact on a substantial number of small 

entities as defined under the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

Moreover, Indian Tribes are not 

considered to be small entities for the 

purposes of the Regulatory Flexibility 

Act. 

Small Business Regulatory Enforcement 

Fairness Act 

The rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

The rule does not have an effect on the 

economy of $100 million or more. The 

rule will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, 

local government agencies or geographic 

regions. Nor will the rule have a 

significant adverse effect on 

competition, employment, investment, 

productivity, innovation, or the ability 

of the enterprises, to compete with 

foreign based enterprises. 

Unfunded Mandate Reform Act 

The Commission, as an independent 

regulatory agency, is exempt from 

compliance with the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502(1); 

2 U.S.C. 658(1). 

Takings 

In accordance with Executive Order 

12630, the Commission has determined 

that the rule does not have significant 

takings implications. A takings 

implication assessment is not required. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Commission has determined 

that the rule does not unduly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

National Environmental Policy Act 

The Commission has determined that 

the rule does not constitute a major 

federal action significantly affecting the 

quality of the human environment and 

that no detailed statement is required 

pursuant to the National Environmental 

Policy Act of 1969, 42 U.S.C. 4321, et 

seq. 

Paperwork Reduction Act 

The information collection 

requirements contained in this rule 

were previously approved by the Office 

of Management and Budget as required 

by the Paperwork Reduction Act, 44 

U.S.C. 3501, et seq., and assigned OMB 

Control Number 3141–0003. The OMB 

control number expires on October 31, 

2013. 

List of Subjects in 25 CFR Part 558 

Gaming, Indian lands. 

Text of the Rule 

For the reason discussed in the 

Preamble, the Commission amends its 

regulations at 25 CFR part 558 as 

follows: 

PART 558—GAMING LICENSES FOR 

KEY EMPLOYEES AND PRIMARY 

MANAGEMENT OFFICIALS 

■ 1. The authority citation for part 558 

continues to read as follows: 

Authority: 25 U.S.C. 2706, 2710, 2712. 

§ 558.2 [Amended] 

■ 2. Amend § 558.2 by revising the 

reference in paragraph (c) to 

‘‘§ 558.3(a)’’ to read ‘‘paragraph (a) of 

this section.’’ 

Dated: April 8, 2013. 

Tracie L. Stevens, 

Chairwoman. 

Daniel J. Little, 

Associate Commissioner. 

[FR Doc. 2013–08538 Filed 4–11–13; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2009–OS–0038; RIN 0790–AI54] 

32 CFR Part 182 

Defense Support of Civilian Law 

Enforcement Agencies 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This rule implements DoD 

regulations and legislation concerning 

restriction on direct participation by 

DoD personnel. It provides specific 

policy direction and assigns 

responsibilities with respect to DoD 

support provided to Federal, State, and 

local civilian law enforcement agencies, 

including responses to civil 

disturbances. 

DATES: This rule is effective May 13, 

2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tom LaCrosse, 571–256–8353. 

SUPPLEMENTARY INFORMATION: 

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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 21827 

Executive Summary 

I. Purpose of the Regulatory Action 

a. The purpose of this rule is to 

implement the statutory requirements 

for the Department of Defense support 

of civilian law enforcement agencies. 

This rule provides specific policy 

direction and assigns responsibilities to 

Department of Defense key individuals 

providing support to Federal, State, 

Tribal, and local law enforcement 

agencies, including response to civil 

disturbances within the United States, 

including the District of Columbia, the 

Commonwealth of Puerto Rico, the U.S. 

Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern 

Mariana Islands, and any territory or 

possession of the United States or any 

other political subdivision thereof. 

b. The legal authority for this rule is 

10 U.S.C. 375, ‘‘Restriction on 

participation by Military Personnel.’’ 

II. Summary of the Major Provisions of 

the Rule 

a. Support in Accordance With the 

Posse Comitatus Act 

The primary restriction on DoD 

participation in civilian law 

enforcement activities is the Posse 

Comitatus Act. It provides that whoever 

willfully uses any part of the Army or 

the Air Force as a posse comitatus or 

otherwise to execute U.S. laws, except 

in cases and under circumstances 

expressly authorized by the Constitution 

or Act of Congress, shall be fined under 

title 18, U.S.C., or imprisoned not more 

than two years, or both. Section 182.6 

(a) describes in detail the assistance that 

the Department of Defense may and may 

not provide civilian law enforcement 

agencies. 

b. Support During Civil Disturbances 

The President is authorized by the 

Constitution and laws of the United 

States to employ the Armed Forces of 

the United States to suppress 

insurrections, rebellions, and domestic 

violence under various conditions and 

circumstances. Planning and 

preparedness by the Federal 

Government, including the Department 

of Defense, for civil disturbances is 

important due to the potential severity 

of the consequences of such events for 

the Nation and the population. The 

employment of Federal military forces 

to control civil disturbances shall only 

occur in a specified civil jurisdiction 

under specific circumstances as 

authorized by the President, normally 

through issuance of an Executive order 

or other Presidential directive 

authorizing and directing the Secretary 

of Defense to provide for the restoration 

of law and order in a specific State or 

locality. 

III. Costs and Benefits 

This rule does not have a significant 

effect on the economy. However, the 

Department of Defense may provide 

support to civilian law enforcement 

entities on either a reimbursable or nonreimbursable basis depending on the 

authority under which the support is 

provided. The benefit to the elements of 

the Department of Defense providing 

such support may include a benefit that 

is substantially equivalent to that 

derived from military operations or 

training. Additionally, the recipient 

civilian law enforcement agencies 

benefit from the Department of 

Defense’s substantial capabilities when 

those capabilities are not needed for 

Department of Defense missions. 

Public Comments 

On Tuesday, December 28, 2010, the 

Department of Defense published a 

proposed rule (75 FR 81547) requesting 

public comment. Two comments were 

received. Below are the comments and 

responses. 

Comment #1. Comment on Proposed 

Rule: 32 CFR Part 182 DOD–2009–OS– 

0038. The definition given in § 182.3 of 

‘‘civil disturbance’’ is overly broad and 

encompasses any number of situations 

that the Legislature and DOD entities 

might not have in mind at the time of 

drafting this rule. It is my 

recommendation that specific reference 

be made to DOD Directive 3025.12 

within § 182.3 to allay any possible 

misreading of 32 CFR part 182. If Posse 

Comitatus is going to be suspended in 

times other than those specifically 

authorized by the Constitution, 

Congress must act to make the language 

clear and unambiguous. In addition, the 

definition of ‘‘Emergency Authority’’ in 

§ 182.3 and DOD 3025.12 is unclear. In 

what sort of a civil emergency can prior 

Presidential authorization be 

‘‘impossible’’ to obtain. These two 

definitions read together give an 

extraordinary degree of latitude to DOD 

entities within the borders of the United 

States. Finally, I question whether a rule 

is the appropriate venue for an 

expansion of this nature. Perhaps this is 

a task best left to congress for full public 

scrutiny and debate. Should this really 

be a task left to the DOD to make a rule 

essentially gutting 10 U.S.C.A. 331–4? 

Despite the fact that this rule has 

received certification by the Office of 

Information and Regulatory Affairs 

(OIRA), I seriously question whether 

there are not significant implications for 

its enactment under Executive Order 

13132 (Federalism). If it is left to the 

DOD to determine when force is 

necessary, absent a Presidential order 

and absent the cooperation of local 

authorities, Posse Comitatus is for all 

intents and purposes at an end. 

DoD Response: No action required. 

This instruction cancels DoD Directive 

3025.12. ‘‘Civil disturbance’’ is an 

approved definition in the DoD 

Dictionary and makes no reference to 

the Posse Comitatus Act being 

‘‘suspended.’’ Also this rule does not 

make reference to the suspension of 

Posse Comitatus Act. It lists those 

actions that are permissible and 

restricted under the Act. The author also 

recommends that Congress, rather than 

DoD, make the language ‘‘clear and 

unambiguous.’’ 

Comment #2. The Posse Comitatus 

Act, 18 U.S.C. 1385, clearly applies to 

National Guard troops which have been 

federalized and are deployed under 

Title 10 authority within the United 

States. However, the courts have not 

definitively ruled on whether the Act 

applies to troops deployed under Title 

32, and generally it is assumed that the 

act does not apply under those 

circumstances. If § 182.4(b) of this rule 

is meant to clearly state that the 

National Guard is, in fact, to act in 

compliance with the restrictions of the 

Posse Comitatus Act while in support of 

civilian law enforcement officials while 

deployed under Title 32 authority as 

well as Title 10, then this is a welcome 

clarification of DoD policy. 

DoD Response: No action required. 

National Guard forces operating under 

Title 32 are under State control, and the 

Posse Comitatus Act would not apply. 

State law governs what actions State 

officials and State National Guard forces 

may take. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

182 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

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1Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/524001r.pdf. 

2Authorized users may obtain a copy at 

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

a written request by email to USDI.Pubs@osd.mil. 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Sec. 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

182 does not contain a Federal mandate 

that may result in the expenditure by 

State, local, and Tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any 1 year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

182 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

This rule establishes procedures and 

assigns responsibilities within DoD for 

assisting civilian law enforcement 

agencies, therefore, it is not expected 

that small entities will be affected 

because there will be no economically 

significant regulatory requirements 

placed upon them. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

182 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

182 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

national government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 182 

Armed forces, Law enforcement. 

Accordingly, 32 CFR part 182 is 

added to read as follows: 

PART 182—DEFENSE SUPPORT OF 

CIVILIAN LAW ENFORCEMENT 

AGENCIES 

Sec. 

182.1 Purpose. 

182.2 Applicability and scope. 

182.3 Definitions. 

182.4 Policy. 

182.5 Responsibilities. 

182.6 Procedures. 

Authority: 10 U.S.C. 113, 331–334, 371– 

382, 2576, and 2667; 14 U.S.C. 141; 16 U.S.C. 

23, 78, 593, and 1861; 18 U.S.C. 112, 351, 

831, 1116, 1385, and 1751; 22 U.S.C. 408, 

461–462; 25 U.S.C.180; 31 U.S.C. 1535; 42 

U.S.C. 97, 1989, and 5121–5207; 50 U.S.C. 

1621–1622; and Public Law 94–524. 

§ 182.1 Purpose. 

This part: 

(a) Establishes DoD policy, assigns 

responsibilities, and provides 

procedures for DoD support to Federal, 

State, Tribal, and local civilian law 

enforcement agencies, including 

responses to civil disturbances within 

the United States, including the District 

of Columbia, the Commonwealth of 

Puerto Rico, the U.S. Virgin Islands, 

Guam, American Samoa, the 

Commonwealth of the Northern Mariana 

Islands, and any territory or possession 

of the United States or any other 

political subdivision thereof in 

accordance with 32 CFR part 185. 

(b) Prescribes the regulations required 

by 10 U.S.C. 375. 

§ 182.2 Applicability and scope. 

This part: 

(a) Applies to the Office of the 

Secretary of Defense (OSD), the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Defense Agencies, the DoD Field 

Activities, and all other organizational 

entities within the Department of 

Defense (hereafter referred to 

collectively as the ‘‘DoD Components’’). 

(b) Applies to the Office of the 

Inspector General of the Department of 

Defense (IG, DoD) only to the extent that 

this part does not conflict with any of 

the duties and responsibilities assigned 

to the IG, DoD pursuant to section 8(g) 

of Appendix, title 5, U.S.C. (also known 

as ‘‘The Inspector General Act of 1978, 

as amended’’). 

(c) Governs all DoD Component 

planning for and participation in 

Defense support of civilian law 

enforcement activities, including 

domestic emergencies and civil 

disturbance operations (CDO) (formerly 

referred to as ‘‘military assistance for 

civil disturbances’’). 

(d) Applies to National Guard (NG) 

personnel only in title 10, U.S.C., status 

only. 

(e) Applies to civilian employees of 

the DoD Components and the activities 

of DoD contractors performed in support 

of the DoD Components. 

(f) Does not apply to: 

(1) Counternarcotics activities. 

(2) Assistance to foreign law 

enforcement officials. 

(3) The Defense Intelligence and 

Counterintelligence Components, except 

when providing assistance to civilian 

law enforcement activities in 

accordance with paragraph 2.6. of 

Executive Order 12333 and Procedure 

12 of DoD 5240.1–R.1

(4) Requests for sensitive support, 

which are governed by DoD Directive S– 

5210.36.2

(5) NG personnel in State active duty 

or title 32, U.S.C., status. 

(6) Maritime Homeland Security 

Operations, defined as time-critical 

requests by the United States Coast 

Guard for short duration (less than 48 

hours) DoD support in countering an 

immediate maritime security threat, that 

are governed by the DoD-Department of 

Homeland Security Memorandum of 

Agreement for Department of Defense 

Support to the United States Coast 

Guard for Maritime Homeland Security. 

(7) Aircraft piracy operations 

conducted pursuant to title 10, U.S.C. 

§ 182.3 Definitions. 

The following definitions apply to 

this part: 

Civil authorities. Those elected and 

appointed officers and employees who 

constitute the government of the United 

States, the governments of the 50 States, 

the District of Columbia, the 

Commonwealth of Puerto Rico, U.S. 

possessions and territories, and political 

subdivisions thereof. 

Civil disturbance. Group acts of 

violence and disorder prejudicial to 

public law and order. 

Civilian law enforcement official. An 

officer or employee of a civilian Federal, 

State, local, and tribal law enforcement 

agency with responsibility for 

enforcement of the laws within the 

jurisdiction of that agency. 

DoD personnel. Federal military 

officers and enlisted personnel and 

civilian employees of the Department of 

Defense. 

Domestic emergencies. Emergencies 

affecting the public welfare and 

occurring within the 50 states, District 

of Columbia, Commonwealth of Puerto 

Rico, U.S. possessions and territories, or 

any political subdivision thereof, as a 

result of enemy attack, insurrection, 

civil disturbance, earthquake, fire, flood, 

or other public disasters or equivalent 

emergencies that endanger life and 

property or disrupt the usual process of 

government. Domestic emergencies 

include civil defense emergencies, civil 

disturbances, major disasters, and 

natural disasters. 

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Emergency authority. A Federal 

military commander’s authority, in 

extraordinary emergency circumstances 

where prior authorization by the 

President is impossible and duly 

constituted local authorities are unable 

to control the situation, to engage 

temporarily in activities that are 

necessary to quell large-scale, 

unexpected civil disturbances because: 

(1) Such activities are necessary to 

prevent significant loss of life or wanton 

destruction of property and are 

necessary to restore governmental 

function and public order; or 

(2) Duly constituted Federal, State, or 

local authorities are unable or decline to 

provide adequate protection for Federal 

property or Federal governmental 

functions. 

Explosives or munitions emergency. A 

situation involving the suspected or 

detected presence of unexploded 

ordnance (UXO), damaged or 

deteriorated explosives or munitions, an 

improvised explosive device (IED), 

other potentially explosive material or 

device, or other potentially harmful 

military chemical munitions or device, 

that creates an actual or potential 

imminent threat to human health, 

including safety, or the environment, 

including property, as determined by an 

explosives or munitions emergency 

response specialist. Such situations may 

require immediate and expeditious 

action by an explosives or munitions 

emergency response specialist to 

control, mitigate, or eliminate the threat. 

Law enforcement agency. Any of a 

number of agencies (outside the 

Department of Defense) chartered and 

empowered to enforce U.S. laws in the 

following jurisdictions: the United 

States, a State (or political subdivision) 

of the United States, a territory (or 

political subdivision) of the United 

States, a federally recognized Native 

American tribe or Alaskan Native 

Village, or within the borders of a host 

nation. 

§ 182.4 Policy. 

It is DoD policy that: 

(a) The Department of Defense shall 

be prepared to support civilian law 

enforcement agencies consistent with 

the needs of military preparedness of 

the United States, while recognizing and 

conforming to the legal limitations on 

direct DoD involvement in civilian law 

enforcement activities. 

(b) Support of civilian law 

enforcement agencies by DoD personnel 

shall be provided in accordance with 18 

U.S.C. 112, 351, 831, 1116, 1751, and 

1385 (also known and hereinafter 

referred to as ‘‘The Posse Comitatus Act, 

as amended’’); 10 U.S.C. chapter 18; 2 

U.S.C. 1970 (for support to the U.S. 

Capitol Police); and other Federal laws, 

including those protecting the civil 

rights and civil liberties of individuals, 

as applicable. 

(c) The restrictions in § 182.6(a)(1)(iii) 

shall apply to all actions of DoD 

personnel worldwide. 

(d) Exceptions, based on compelling 

and extraordinary circumstances, may 

be granted to the restrictions in 

§ 182.6(a)(1)(iii) for assistance to be 

provided outside the United States; only 

the Secretary of Defense or Deputy 

Secretary of Defense may grant such 

exceptions. 

(e) Requests for law enforcement 

support shall be evaluated using the 

criteria in 32 CFR part 185. 

§ 182.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Policy (USD(P)) shall establish DoD 

policy governing defense support of 

civilian law enforcement agencies and 

facilitate the coordination of that policy 

with Federal departments and agencies; 

State, local, and tribal agencies; and the 

DoD Components, as appropriate. 

(b) The Assistant Secretary of Defense 

for Homeland Defense and Americas’ 

Security Affairs (ASD(HD&ASA)), under 

the authority, direction, and control of 

the USD(P) and in accordance with DoD 

Directive 5111.13,3 ‘‘Assistant Secretary 

of Defense for Homeland Defense and 

Americas’ Security Affairs 

(ASD(HD&ASA)),’’ shall develop, 

coordinate, recommend, and supervise 

the implementation of policy for 

defense support of civilian law 

enforcement agencies and defense 

support of civil authorities (DSCA), 

including law enforcement support 

activities. In executing this 

responsibility for DoD law enforcement 

support activities, the ASD(HD&ASA) 

shall: 

(1) Develop procedures and issue 

appropriate direction as necessary for 

defense support of civilian law 

enforcement agencies in coordination 

with the General Counsel of the 

Department of Defense, and in 

consultation with the Attorney General 

of the United States (Attorney General), 

as appropriate, and in accordance with 

responsibilities assigned in 32 CFR part 

185 and DoD Directive 5111.13. This 

includes tasking the DoD Components 

to plan for and to commit DoD resources 

in response to requests from civil 

authorities for CDO (such a commitment 

of DoD resources for CDO must be 

authorized by the President of the 

United States and directed by the 

Secretary of Defense). 

(2) Serve as the principal point of 

contact between the Department of 

Defense and the Department of Justice 

for planning and executing CDO. 

(3) Coordinate with civilian law 

enforcement agencies on policies to 

further DoD cooperation with civilian 

law enforcement agencies. 

(4) Provide guidance for the use of 

Reserve Component personnel in 

support of civilian law enforcement 

agencies, in coordination with the 

Secretaries of the Military Departments 

and the Assistant Secretary of Defense 

for Reserve Affairs (ASD(RA)), and with 

the Chief, National Guard Bureau 

(NGB), as appropriate. This will include 

guidance for use by approving 

authorities in evaluating the effect on 

military preparedness of requests for 

civilian law enforcement assistance that 

may involve use of the Reserve 

Components. 

(5) Assist in the development of 

policy regulating plans, procedures, and 

requirements of the DoD Components 

with authority over defense resources 

that may be employed to provide law 

enforcement support. 

(6) Inform the ASD(RA) of all requests 

for assistance by civilian law 

enforcement agencies that may be met 

using Reserve Component personnel 

and resources. 

(i) Inform the Chief, NGB, of all 

requests for assistance by civilian law 

enforcement agencies that may be met 

using NG personnel. 

(ii) Coordinate with the ASD(RA) and 

others as appropriate regarding duty 

status policies (e.g., performance of duty 

pursuant to 10 U.S.C. 331–334 and 371– 

382). 

(7) Coordinate with the Chairman of 

the Joint Chiefs of Staff (CJCS) in 

advance of the commitment of any 

Federal military forces. 

(8) Coordinate with the Under 

Secretary of Defense (Comptroller)/Chief 

Financial Officer, Department of 

Defense, when providing assistance to 

civilian law enforcement agencies to 

ensure an appropriate funding approach 

in accordance with § 182.6(g). 

(9) In coordination with the Under 

Secretary of Defense for Intelligence 

(USD(I)), the CJCS, the Commanders of 

the Combatant Commands with DSCA 

responsibilities, and the Secretaries of 

the Military Departments, establish 

protocols and guidance for ensuring that 

the needs of civilian law enforcement 

officials for information are taken into 

account in the planning and execution 

of military training and operations. 

(10) Ensure, in coordination with the 

Assistant Secretary of Defense for 

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Special Operations and Low-Intensity 

Conflict (ASD(SO/LIC)), the proper use 

of electronic counter-measures (ECM) by 

or in support of DoD explosive ordnance 

disposal (EOD) personnel when 

supporting civil authorities is addressed 

in interagency agreements and 

contingency plans. 

(c) The USD(I) shall: 

(1) Establish DoD processes and 

procedures to provide support to 

civilian law enforcement officials with 

Defense Intelligence Component 

resources in accordance with 

appropriate statutory authorities and 

DoD and Intelligence Community 

policy. 

(2) Facilitate consultation on DoD 

policy regarding intelligence support of 

law enforcement officials, with 

appropriate Federal departments and 

agencies; State, local, and tribal 

agencies; and the DoD Components. 

(d) The IG, DoD, shall issue guidance 

on cooperation with civilian law 

enforcement officials with respect to 

audits and investigations conducted, 

supervised, monitored, or initiated 

pursuant to DoD Directive 5106.01,4

‘‘Inspector General of the Department of 

Defense (IG DoD).’’ 

(e) The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)) 

shall monitor and oversee the 

development of integrated training 

capabilities related to defense support to 

civilian law enforcement officials and 

the integration of these training 

capabilities into exercises and training 

to build, sustain, and assess readiness in 

accordance with DoD Directive 

1322.18,5 ‘‘Military Training.’’ 

(f) The ASD(RA), under the authority, 

direction, and control of the USD(P&R), 

shall assist the ASD(HD&ASA) in the 

development of guidance for use by 

approving authorities in evaluating the 

effect on military preparedness of 

requests for civilian law enforcement 

assistance that may involve use of the 

Reserve Components. 

(g) The Heads of the DoD Components 

shall: 

(1) Strictly comply with and 

disseminate throughout their 

Components the guidance issued by the 

ASD(HD&ASA) pursuant to paragraph 

(b) of this section. 

(2) Identify appropriate resources for 

civilian law enforcement support that 

are consistent with law and DoD policy 

to carry out the intent of this part. 

(3) Review training and operational 

programs to determine how and where 

assistance can best be provided to 

civilian law enforcement officials, 

consistent with the responsibilities 

established in this section. This review 

should include recommendations 

regarding activities for which 

reimbursement could be waived in 

accordance with § 182.6(g)(2). 

(4) Issue implementing guidance, in 

coordination with the ASD(HD&ASA), 

incorporating the procedures in this 

part, including: 

(i) Procedures for prompt transfer of 

relevant information to law enforcement 

agencies. 

(ii) Procedures for establishing local 

contact points in subordinate 

commands for purposes of coordination 

with Federal, State, tribal, and local 

civilian law enforcement officials. 

(iii) Guidelines for evaluating requests 

for assistance in terms of effect on 

military readiness of the United States. 

(5) Inform the CJCS of all requests 

requiring approval of the 

ASD(HD&ASA) or the Secretary of 

Defense, in accordance with this part. 

(h) The Secretaries of the Military 

Departments, in addition to the 

responsibilities in paragraph (g) of this 

section, shall: 

(1) Provide resources to the 

DoDComponents, consistent with DoD 

policies, goals, and objectives, to carry 

out the purpose of this part. 

(2) Coordinate with the Commanders 

of the Combatant Commands with 

DSCA responsibilities to ensure that the 

needs of civilian law enforcement 

officials for information are taken into 

account in the planning and execution 

of military training and operations. 

(i) The CJCS, in addition to the 

responsibilities in paragraph (g) of this 

section, shall: 

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

developing recommendations for 

responding to requests for CDO and 

developing interagency policies on 

CDO. 

(2) Develop processes to evaluate the 

effect of requests for civilian law 

enforcement assistance on military 

preparedness of the United States. 

(3) Advise the Secretary of Defense, 

ASD(HD&ASA), or Heads of the 

DoDComponents, upon request, on the 

effect on military preparedness of the 

United States of any request for defense 

assistance with respect to CDO. 

(j) The Commanders of the Combatant 

Commands with DSCA responsibilities, 

through the CJCS, shall, in addition to 

the responsibilities in paragraph (g) of 

this section: 

(1) Provide support of civilian law 

enforcement authorities as directed by 

the Secretary of Defense. 

(2) Implement the provisions of this 

part in appropriate training and 

exercises. 

(3) When designated as a supported 

commander, coordinate with supporting 

DoDComponents all reimbursement for 

assistance provided under the 

provisions of this part. 

(4) When designated as a supported 

commander, coordinate with the CJCS, 

the ASD(HD&ASA), and the ASD(SO/ 

LIC) (for the employment of special 

operations forces) for all military 

preparations and operations, including 

the employment of Federal military 

forces as requested by the Attorney 

General and approved by the Secretary 

of Defense, as a result of any domestic 

emergency, including a terrorist 

incident, civil disturbance, or a natural 

disaster. Commanders shall observe all 

such law enforcement policies as the 

Attorney General may determine 

appropriate. 

(5) For a terrorist incident having the 

potential for a request for military 

assistance by mutual agreement of DoD 

and the Federal Bureau of Investigation 

(FBI), designated Combatant 

Commanders may dispatch observers to 

the incident site to evaluate the 

situation. Any dispatch of DoD 

counterterrorism forces must be 

specifically authorized by the Secretary 

of Defense through the CJCS. 

(6) Coordinate with the Secretaries of 

the Military Departments to ensure that 

the needs of civilian law enforcement 

officials for information are taken into 

account in the planning and execution 

of military training and operations. 

(k) The Commanders of U.S. Northern 

Command (USNORTHCOM), U.S. 

Pacific Command (USPACOM), and 

U.S. Special Operations Command 

(USSOCOM), through the CJCS and in 

addition to the responsibilities in 

paragraphs (g) and (j) of this section, 

shall: 

(1) Serve as the DoD planning agents 

for support of civilian law enforcement 

activities, including CDO, following the 

guidance of the ASD(HD&ASA) and in 

coordination with the CJCS. 

(2) Lead planning activities for 

support of civilian law enforcement 

activities, including CDO, of the 

DoDComponents in accordance with 

§ 182.6(b)(3). Serve as the DoD financial 

managers for their respective CDO 

operations in accordance with 

§ 182.6(g)(2). 

(l) The Chief, NGB, shall: 

(1) Implement the procedures in this 

part. 

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

accordance with DoD Directive 

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

corres/pdf/510577p.pdf. 

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

corres/pdf/552507p.pdf. 

5105.77,6 ‘‘National Guard Bureau 

(NGB),’’ in developing policy guidance 

regarding the use of NG personnel for 

DoD support of civilian law 

enforcement agencies. 

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

development of policy guidance for use 

by approving authorities in evaluating 

the effect on military preparedness if 

NG personnel are used to fulfill requests 

for civilian law enforcement assistance. 

(4) Serve as an advisor to the 

Commanders of the Combatant 

Commands on NG matters pertaining to 

Combatant Command responsibilities 

under this part, and support planning 

and coordination for such activities as 

requested by the CJCS or the 

Commanders of other Combatant 

Commands. 

(5) On all matters pertaining to the 

NG, serve as the channel of 

communications between: the Secretary 

of Defense, the CJCS, and the DoD 

Components (other than the Department 

of the Army and the Department of the 

Air Force); and the States. The Chief, 

NGB, shall keep the Secretaries of the 

Army and the Air Force informed of all 

communications unless otherwise 

directed by the Secretary of Defense. 

(6) Coordinate the sharing of State 

contingency plans for the use of nonfederalized NG forces in CDO roles 

between the responsible State Adjutants 

General and the responsible Combatant 

Commander. 

§ 182.6 Procedures. 

(a) Participation of DoD Personnel in 

Civilian Law Enforcement Activities— 

(1) Guiding Statutory Requirements and 

Supporting Policies—(i) Statutory 

Restrictions. (A) The primary restriction 

on DoD participation in civilian law 

enforcement activities is the Posse 

Comitatus Act. It provides that whoever 

willfully uses any part of the Army or 

the Air Force as a posse comitatus or 

otherwise to execute U.S. laws, except 

in cases and under circumstances 

expressly authorized by the Constitution 

or Act of Congress, shall be fined under 

title 18, U.S.C., or imprisoned not more 

than 2 years, or both. 

(B) 10 U.S.C. 375 provides that the 

Secretary of Defense shall prescribe 

such regulations as may be necessary to 

ensure that any activity (including the 

provision of any equipment or facility or 

the assignment or detail of any 

personnel) under 10 U.S.C. chapter 18 

does not include or permit direct 

participation by a member of the Army, 

Navy, Air Force, or Marine Corps in a 

search, seizure, arrest, or other similar 

activity unless participation in such 

activity by such member is otherwise 

authorized by law. 

(ii) Permissible Direct Assistance. 

Categories of active participation in 

direct law-enforcement-type activities 

(e.g., search, seizure, and arrest) that are 

not restricted by law or DoD policy are: 

(A) Actions taken for the primary 

purpose of furthering a DoD or foreign 

affairs function of the United States, 

regardless of incidental benefits to 

civilian authorities. This does not 

include actions taken for the primary 

purpose of aiding civilian law 

enforcement officials or otherwise 

serving as a subterfuge to avoid the 

restrictions of the Posse Comitatus Act. 

Actions under this provision may 

include (depending on the nature of the 

DoD interest and the authority 

governing the specific action in 

question): 

(1) Investigations and other actions 

related to enforcement of the Uniform 

Code of Military Justice (10 U.S.C. 

chapter 47). 

(2) Investigations and other actions 

that are likely to result in administrative 

proceedings by the Department of 

Defense, regardless of whether there is 

a related civil or criminal proceeding. 

(See DoD Instruction 5525.07 7 and the 

Memorandum of Agreement Between 

the Attorney General and the Secretary 

of Defense with respect to matters in 

which the Department of Defense and 

the Department of Justice both have an 

interest.) 

(3) Investigations and other actions 

related to a commander’s inherent 

authority to maintain law and order on 

a DoD installation or facility. 

(4) Protection of classified defense 

information or equipment or controlled 

unclassified information (e.g., trade 

secrets and other proprietary 

information), the unauthorized 

disclosure of which is prohibited by 

law. 

(5) Protection of DoD personnel, 

equipment, and official guests. 

(6) Such other actions that are 

undertaken primarily for a military or 

foreign affairs purpose. 

(B) Audits and investigations 

conducted by, under the direction of, or 

at the request of the IG, DoD, pursuant 

to the Inspector General Act of 1978, as 

amended. 

(C) When permitted under emergency 

authority in accordance with 32 CFR 

part 185, Federal military commanders 

have the authority, in extraordinary 

emergency circumstances where prior 

authorization by the President is 

impossible and duly constituted local 

authorities are unable to control the 

situation, to engage temporarily in 

activities that are necessary to quell 

large-scale, unexpected civil 

disturbances because: 

(1) Such activities are necessary to 

prevent significant loss of life or wanton 

destruction of property and are 

necessary to restore governmental 

function and public order; or 

(2) When duly constituted Federal, 

State, or local authorities are unable or 

decline to provide adequate protection 

for Federal property or Federal 

governmental functions. Federal action, 

including the use of Federal military 

forces, is authorized when necessary to 

protect Federal property or functions. 

(D) DoD actions taken pursuant to 10 

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

Federal military forces in specified 

circumstances with respect to 

insurrection, domestic violence, or 

conspiracy that hinders the execution of 

State or Federal law. 

(E) Actions taken under express 

statutory authority to assist officials in 

executing the laws, subject to applicable 

limitations. The laws that permit direct 

DoD participation in civilian law 

enforcement include: 

(1) Protection of national parks and 

certain other Federal lands consistent 

with 16 U.S.C. 23, 78, and 593. 

(2) Enforcement of the Fishery 

Conservation and Management Act of 

1976, as amended, pursuant to 16 U.S.C. 

1861(a). 

(3) Assistance in the case of crimes 

against foreign officials, official guests 

of the United States, and other 

internationally protected persons 

pursuant to 18 U.S.C. 112 and 1116. 

(4) Assistance in the case of crimes 

against Members of Congress, Membersof-Congress-elect, Justices of the 

Supreme Court and nominees, and 

certain senior Executive Branch officials 

and nominees in accordance with 18 

U.S.C. 351. 

(5) Assistance in the case of crimes 

involving nuclear materials in 

accordance with 18 U.S.C. 831. 

(6) Protection of the President, Vice 

President, and other designated 

dignitaries in accordance with 18 U.S.C. 

1751 and Public Law 94–524. 

(7) Actions taken in support of the 

neutrality laws in accordance with 22 

U.S.C. 408 and 461–462. 

(8) Removal of persons unlawfully 

present on Indian lands in accordance 

with 25 U.S.C. 180. 

(9) Execution of quarantine and 

certain health laws in accordance with 

42 U.S.C. 97 and DoD Instruction 

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8Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/620003p.pdf. 

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

corres/pdf/300301p.pdf. 

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

directives/corres/pdf/552513p.pdf. 

11Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/521056p.pdf. 

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

directives/corres/pdf/451513r.pdf. 

6200.03,8 ‘‘Public Health Emergency 

Management Within the Department of 

Defense.’’ 

(10) Removal of unlawful enclosures 

from public lands in accordance with 43 

U.S.C. 1065. 

(11) Protection of the rights of a 

discoverer of an island covered by 48 

U.S.C. 1418. 

(12) Support of territorial governors if 

a civil disorder occurs, in accordance 

with 48 U.S.C. 1422 and 1591. 

(13) Actions in support of certain 

customs laws in accordance with 50 

U.S.C. 220. 

(F) Actions taken to provide search 

and rescue support domestically under 

the authorities provided in the National 

Search and Rescue Plan and DoD 

Instruction 3003.01.9

(iii) Restrictions on Direct Assistance. 

(A) Except as authorized in this part 

(e.g., in paragraphs (a) and (b) of this 

section), DoD personnel are prohibited 

from providing the following forms of 

direct civilian law enforcement 

assistance: 

(1) Interdiction of a vehicle, vessel, 

aircraft, or other similar activity. 

(2) A search or seizure. 

(3) An arrest; apprehension; stop and 

frisk; engaging in interviews, 

interrogations, canvassing, or 

questioning of potential witnesses or 

suspects; or similar activity. 

(4) Using force or physical violence, 

brandishing a weapon, discharging or 

using a weapon, or threatening to 

discharge or use a weapon except in 

self-defense, in defense of other DoD 

persons in the vicinity, or in defense of 

non-DoD persons, including civilian law 

enforcement personnel, in the vicinity 

when directly related to an assigned 

activity or mission. 

(5) Evidence collection; security 

functions; crowd and traffic control; and 

operating, manning, or staffing 

checkpoints. 

(6) Surveillance or pursuit of 

individuals, vehicles, items, 

transactions, or physical locations, or 

acting as undercover agents, informants, 

investigators, or interrogators. 

(7) Forensic investigations or other 

testing of evidence obtained from a 

suspect for use in a civilian law 

enforcement investigation in the United 

States unless there is a DoD nexus (e.g., 

the victim is a member of the Military 

Services or the crime occurred on an 

installation under exclusive DoD 

jurisdiction) or the responsible civilian 

law enforcement official requesting such 

testing declares in writing that the 

evidence to be examined was obtained 

by consent. Requests for exceptions to 

this restriction must be made through 

channels to the ASD(HD&ASA), who 

will evaluate, in coordination with the 

General Counsel of the Department of 

Defense, whether to seek Secretary of 

Defense authorization for an exception 

to policy. 

(B) The use of deputized State or local 

law enforcement powers by DoD 

uniformed law enforcement personnel 

shall be in accordance with DoD 

Instruction 5525.13,10 ‘‘Limitation of 

Authority to Deputize DoD Uniformed 

Law Enforcement Personnel by State 

and Local Governments.’’ 

(C) Except as otherwise directed by 

the Secretary of Defense, the rules for 

the use of force and authority for the 

carrying of firearms by DoD personnel 

providing authorized support under this 

part shall be in accordance with DoD 

Directive 5210.56,11 ‘‘Carrying of 

Firearms and the Use of Force by DoD 

Personnel Engaged in Security, Law and 

Order, or Counterintelligence 

Activities,’’ and any additional 

Secretary of Defense-approved rules for 

the use of force contained in CJCS 

Instruction 3121.01B, ‘‘Standing Rules 

of Engagement Standing Rules for the 

Use of Force for U.S. Forces.’’ 

(D) Exceptions to these restrictions for 

assistance may be granted when the 

assistance is to be provided outside the 

United States. Only the Secretary of 

Defense or the Deputy Secretary of 

Defense may grant such exceptions, 

based on compelling and extraordinary 

circumstances. 

(iv) Use of DoD Personnel to Operate 

or Maintain Equipment. The use of DoD 

personnel to operate or maintain, or to 

assist in operating or maintaining, 

equipment shall be limited to situations 

when the use of non-DoD personnel for 

operation or maintenance of such 

equipment would be unfeasible or 

impractical from a cost or time 

perspective and would not otherwise 

compromise military preparedness of 

the United States. In general, the head 

of the civilian law enforcement agency 

may request a DoD Component to 

provide personnel to operate or 

maintain, or to assist in operating or 

maintaining, equipment for the civilian 

agency. This assistance shall be subject 

to this guidance: 

(A) Such assistance may not involve 

DoD personnel directly participating in 

a law enforcement operation (as 

described in paragraph (a)(1)(iii) of this 

section). 

(B) The performance of such 

assistance by DoD personnel shall be at 

a location where there is not a 

reasonable likelihood of a confrontation 

between law enforcement personnel and 

civilians. 

(C) The use of DoD aircraft to provide 

transportation for civilian law 

enforcement agencies may be provided 

only in accordance with DoD 4515.13– 

R.12

(D) A request for DoD personnel to 

operate or maintain, or to assist in 

operating or maintaining, equipment 

must be made pursuant to 10 U.S.C. 374 

or other applicable law that permits 

DoD personnel to provide such 

assistance to civilian law enforcement 

officials. A request that is made 

pursuant to 10 U.S.C. 374 must be made 

by the head of a civilian agency 

empowered to enforce any of these laws: 

(1) 21 U.S.C. 801–904 and 951–971. 

(2) 8 U.S.C. 1324–1328. 

(3) A law relating to the arrival or 

departure of merchandise, as defined in 

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

customs territory of the United States, as 

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

territory or possession of the United 

States. 

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

(5) Any law, foreign or domestic, 

prohibiting terrorist activities. 

(E) In addition to the assistance 

authorized under paragraph (a)(1)(ii)(A) 

of this section: 

(1) DoD personnel may be made 

available to a Federal law enforcement 

agency to operate or assist in operating 

equipment, to the extent the equipment 

is used in a supporting role, with 

respect to: 

(i) A criminal violation of the laws 

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

this section. 

(ii) Assistance that the Federal law 

enforcement agency is authorized to 

furnish to a State, local, or foreign 

government that is involved in the 

enforcement of laws similar to those in 

paragraph (a)(1)(iv)(D) of this section. 

(iii) A foreign or domestic counterterrorism operation, including support 

of FBI Joint Terrorism Task Forces. 

(iv) Transportation of a suspected 

terrorist from a foreign country to the 

United States to stand trial. 

(2) DoD personnel made available to 

a civilian law enforcement agency 

pursuant to 10 U.S.C. 374 may operate 

equipment for: 

(i) Detection, monitoring, and 

communication of the movement of air 

and sea traffic. 

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13Available from OASD(HD&ASA)/Room 3D247, 

2600 Defense Pentagon, Washington, DC 20301. 

14Available from OASD(HD&ASA)/Room 3D247, 

2600 Defense Pentagon, Washington, DC 20301. 

(ii) Detection, monitoring, and 

communication of the movement of 

surface traffic outside of the geographic 

boundary of the United States and, if the 

initial detection occurred outside of the 

boundary, within the United States, not 

to exceed 25 miles of the boundary. 

(iii) Aerial reconnaissance (does not 

include satellite reconnaissance). 

(iv) Interception of vessels or aircraft 

detected outside the land area of the 

United States for the purposes of 

communicating with such vessels and 

aircraft to direct such vessels and 

aircraft to go to a location designated by 

appropriate civilian officials. 

(v) Operation of equipment to 

facilitate communications in connection 

with the law enforcement programs 

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

this section. 

(vi) The following activities that are 

subject to joint approval by the 

Secretary of Defense and the Attorney 

General (and the Secretary of State in 

the case of a law enforcement operation 

outside of the land area of the United 

States): the transportation of civilian 

law enforcement personnel along with 

any other civilian or military personnel 

who are supporting, or conducting, a 

joint operation with civilian law 

enforcement personnel; the operation of 

a base of operations for civilian law 

enforcement and supporting personnel; 

and the transportation of suspected 

terrorists from foreign countries to the 

United States for trial (so long as the 

requesting Federal law enforcement 

agency provides all security for such 

transportation and maintains custody 

over the suspect through the duration of 

the transportation). 

(vii) The detection, monitoring, and 

tracking of the movement of weapons of 

mass destruction under the 

circumstances described above when 

outside the United States. 

(F) DoD personnel made available to 

operate equipment for the purposes in 

paragraphs (a)(1)(iv)(E)(2)(i) and 

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

continue to operate such equipment in 

cases involving the pursuit of vessels or 

aircraft into the land area of the United 

States where the detection began 

outside such land area. 

(G) With the approval of the Secretary 

of Defense, DoD personnel may be made 

available to any Federal, State, or local 

civilian law enforcement agency to 

operate equipment for purposes other 

than described in paragraph (a)(2) of 

this section, only to the extent that such 

support does not involve direct 

assistance by such personnel in a 

civilian law enforcement operation 

unless such direct participation is 

otherwise authorized by law and is 

authorized by the Secretary of Defense. 

(H) Nothing in this part restricts the 

authority of Federal military 

commanders to take emergency action 

to prevent loss of life or wanton 

destruction of property as provided in 

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

(I) When DoD personnel are otherwise 

assigned to provide assistance with 

respect to the laws specified in 

paragraph (a)(1)(ii)(E) of this section, the 

participation of such personnel shall be 

consistent with the limitations in such 

laws, if any, and such restrictions as 

may be established by policy or the DoD 

Components concerned. 

(v) Expert Advice. DoD Components 

may provide, subject to paragraph (a)(5) 

of this section, expert advice to Federal, 

State, or local law enforcement officials 

in accordance with 10 U.S.C. 373. This 

does not permit direct assistance by 

DoD personnel in activities that are 

fundamentally civilian law enforcement 

operations, except as otherwise 

authorized in this section. 

(vi) Training. (A) The DoD 

Components may provide, subject to 

paragraph (a)(5) of this section, training 

to Federal, State, and local civilian law 

enforcement officials. This does not 

permit large-scale or elaborate DoD 

training, and does not permit regular or 

direct involvement of DoD personnel in 

activities that are fundamentally civilian 

law enforcement operations, except as 

otherwise authorized in this section. 

(B) Training of Federal, State, and 

local civilian law enforcement officials 

shall be provided according to this 

guidance: 

(1) Assistance shall be limited to 

situations when the use of non-DoD 

personnel would be unfeasible or 

impractical from a cost or time 

perspective and would not otherwise 

compromise military preparedness of 

the United States. 

(2) Assistance may not involve DoD 

personnel participating in a law 

enforcement operation, except as 

otherwise authorized by law. 

(3) Assistance of DoD personnel shall 

be provided at a location where there is 

not a reasonable likelihood of a 

confrontation between law enforcement 

personnel and civilians, except as 

otherwise authorized by this part. 

(C) This paragraph does not apply to 

advanced military training, which is 

addressed in Deputy Secretary of 

Defense Memorandum, ‘‘DoD Training 

Support to U.S. Civilian Law 

Enforcement Agencies,’’ June 29, 

1996,13 and Deputy Secretary of Defense 

Memorandum, ‘‘Request for Exception 

to Policy,’’ November 12, 1996.14

Additional exceptions to the policy in 

Deputy Secretary of Defense 

Memorandum, ‘‘DoD Training Support 

to U.S. Civilian Law Enforcement 

Agencies,’’ may be requested on a caseby-case basis. Requests for such 

exceptions shall be forwarded through 

the ASD(HD&ASA). Advanced military 

training: 

(1) Includes advanced marksmanship 

training, including sniper training, 

military operations in urban terrain 

(MOUT), advanced MOUT, close 

quarters battle/close quarters combat, 

and similar training. 

(2) Does not include basic military 

skills such as basic marksmanship, 

patrolling, mission planning, medical, 

and survival. 

(vii) Other Permissible Assistance. 

These forms of indirect assistance are 

not prohibited by law or DoD policy: 

(A) Transfer to Federal, State, or local 

law enforcement officials of information 

acquired in the normal course of DoD 

operations that may be relevant to a 

violation of any Federal or State laws. 

(B) Information obtained through 

procedures, means, or devices 

authorized by Federal law exclusively 

for use in gathering, obtaining, or 

acquiring national intelligence or 

military intelligence may be transferred 

unless specifically prohibited by law. 

Information shall not be transferred if it 

meets any of the following criteria: 

(1) The acquisition of that information 

violates applicable law protecting the 

privacy or constitutional rights of any 

person, including rights protected by 5 

U.S.C. 552a (also known as ‘‘The 

Privacy Act of 1974, as amended’’). 

(2) It would have been illegal for those 

civilian law enforcement officials to 

have obtained the information or 

employ the procedures, means, or 

devices used by the DoD Component to 

obtain the information. 

(C) Such other actions, approved in 

accordance with procedures established 

by the DoD Components concerned, that 

do not subject civilians to the use of 

DoD power that is regulatory, 

prescriptive, proscriptive, or 

compulsory. 

(2) Exceptions Based on Status. The 

restrictions in paragraph (a) of this 

section do not apply to: 

(i) A member of a Reserve Component 

when not on active duty, active duty for 

training, or inactive duty for training. 

(ii) A member of the NG when not in 

Federal service. 

(iii) A civilian employee. If the 

civilian employee is under the direct 

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directives/corres/pdf/524001p.pdf. 

control of a military officer, assistance 

will not be provided unless it is 

permitted by paragraph (a)(3) of this 

section. 

(iv) A member of a Military Service 

when off duty and in a private capacity. 

A Service member is acting in a private 

capacity when he or she responds on his 

or her own volition to assist law 

enforcement officials instead of acting 

under the direction or control of DoD 

authorities. 

(v) A member of the Civil Air Patrol, 

except when performing missions 

pursuant to 10 U.S.C. 9442(b). 

(3) Exceptions Based on Military 

Service. By policy, Posse Comitatus Act 

restrictions (as well as other restrictions 

in this part) are applicable to the 

Department of the Navy (including the 

Marine Corps) with such exceptions as 

the Secretary of Defense may authorize 

in advance on a case-by-case basis. 

(i) Such exceptions shall include 

requests from the Attorney General for 

assistance pursuant to 21 U.S.C. 873(b). 

(ii) Requests for approval of other 

exceptions should be made by a senior 

official of the civilian law enforcement 

agency concerned, who verifies that: 

(A) The size or scope of the suspected 

criminal activity poses a serious threat 

to the interests of the United States and 

enforcement of a law within the 

jurisdiction of the civilian agency would 

be seriously impaired if the assistance 

were not provided because civilian 

assets are not available to perform the 

mission; or 

(B) Civilian law enforcement assets 

are not available to perform the mission, 

and temporary assistance is required on 

an emergency basis to prevent loss of 

life or wanton destruction of property. 

(4) Military Readiness. Assistance 

may not be provided if such assistance 

could adversely affect military 

preparedness. Implementing documents 

issued by the Heads of the DoD 

Components shall ensure that approval 

for the disposition of equipment is 

vested in officials who can assess the 

effect of such disposition on military 

preparedness. 

(5) Approval Authority. Requests by 

civilian law enforcement officials for 

use of DoD personnel to provide 

assistance to civilian law enforcement 

agencies shall be forwarded to the 

appropriate approval authority. 

(i) The Secretary of Defense is the 

approval authority for requests for direct 

assistance in support of civilian law 

enforcement agencies, including those 

responding with assets with the 

potential for lethality, except for the use 

of emergency authority as provided in 

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

in 32 CFR part 185, and except as 

otherwise provided below. 

(ii) Requests that involve the Defense 

Intelligence and Counterintelligence 

entities are subject to approval by the 

Secretary of Defense and the guidance 

in DoD Directive 5240.01 15 and DoD 

5240.1–R. 

(iii) The Secretaries of the Military 

Departments and the Directors of the 

Defense Agencies may, in coordination 

with the ASD(HD&ASA), approve the 

use of DoD personnel: 

(A) To provide training or expert 

advice in accordance with paragraphs 

(a)(1)(v) and (a)(1)(vi) of this section. 

(B) For equipment maintenance in 

accordance with paragraph (a)(1)(iv) of 

this section. 

(C) To monitor and communicate the 

movement of air and sea traffic in 

accordance with paragraphs 

(a)(1)(iv)(E)(2)(i) and (a)(1)(iv)(E)(2)(iv) 

of this section. 

(iv) All other requests, including 

those in which subordinate authorities 

recommend disapproval, shall be 

submitted promptly to the 

ASD(HD&ASA) for consideration by the 

Secretary of Defense, as appropriate. 

(v) The views of the CJCS of shall be 

obtained on all requests that are 

considered by the Secretary of Defense 

or the ASD(HD&ASA), that otherwise 

involve personnel assigned to a unified 

or specified command, or that may 

affect military preparedness. 

(vi) All requests that are to be 

considered by the Secretary of Defense 

or the ASD(HD&ASA) that may involve 

the use of Reserve Component 

personnel or equipment shall be 

coordinated with the ASD(RA). All 

requests that are to be considered by the 

Secretary of Defense or the 

ASD(HD&ASA) that may involve the use 

of NG personnel also shall be 

coordinated with the Chief, NGB. All 

requests that are to be considered by the 

Secretary of Defense or the 

ASD(HD&ASA) that may involve the use 

of NG equipment also shall be 

coordinated with the Secretary of the 

Military Department concerned and the 

Chief, NGB. 

(b) DoD Support of CDO. (1) Guiding 

Statutory Requirements and Supporting 

Policies. (i) The President is authorized 

by the Constitution and laws of the 

United States to employ the Armed 

Forces of the United States to suppress 

insurrections, rebellions, and domestic 

violence under various conditions and 

circumstances. Planning and 

preparedness by the Federal 

Government, including DoD, for civil 

disturbances is important due to the 

potential severity of the consequences of 

such events for the Nation and the 

population. 

(ii) The primary responsibility for 

protecting life and property and 

maintaining law and order in the 

civilian community is vested in State 

and local governments. Supplementary 

responsibility is vested by statute in 

specific agencies of the Federal 

Government other than DoD. The 

President has additional powers and 

responsibilities under the Constitution 

of the United States to ensure that law 

and order are maintained. 

(iii) Any employment of Federal 

military forces in support of law 

enforcement operations shall maintain 

the primacy of civilian authority, and, 

unless otherwise directed by the 

President, responsibility for the 

management of the Federal response to 

civil disturbances rests with the 

Attorney General. The Attorney General 

is responsible for receiving State 

requests for Federal military assistance, 

coordinating such requests with the 

Secretary of Defense and other 

appropriate Federal officials, and 

presenting such requests to the 

President who will determine what 

Federal action will be taken. 

(iv) The employment of Federal 

military forces to control civil 

disturbances shall only occur in a 

specified civil jurisdiction under 

specific circumstances as authorized by 

the President, normally through 

issuance of an Executive order or other 

Presidential directive authorizing and 

directing the Secretary of Defense to 

provide for the restoration of law and 

order in a specific State or locality in 

accordance with 10 U.S.C. 331–334. 

(v) Planning by the DoD Components 

for CDO shall be compatible with 

contingency plans for national security 

emergencies, and with planning for 

DSCA pursuant to 32 CFR part 185. For 

example: 

(A) Guidelines concerning the use of 

deputized State or local law 

enforcement powers by DoD uniformed 

law enforcement personnel are outlined 

in DoD Instruction 5525.13. 

(B) Guidelines concerning the use of 

deadly force and/or the carrying of 

firearms by DoD personnel while 

engaged in duties related to security or 

law and order, criminal investigations, 

or counterintelligence investigations; 

protecting personnel; protecting vital 

Government assets; or guarding 

Government installations and sites, 

property, and persons (including 

prisoners) are outlined in DoD Directive 

5210.56 and any additional Secretary of 

Defense-approved rules for the use of 

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force contained in CJCS Instruction 

3121.01B, ‘‘Standing Rules of 

Engagement/Standing Rules for the Use 

of Force for U.S. Forces,’’ June 13, 2005. 

(2) DoD Requirements. (i) Federal 

military forces shall not be used for 

CDO unless specifically authorized by 

the President, except under emergency 

authority as provided in 32 CFR part 

185 and paragraph (a)(1)(ii)(C) of this 

section. 

(ii) Federal military forces shall be 

made available for CDO as directed by 

the President. The Secretary of Defense 

or other authorized DoD official may, 

where authorized and consistent with 

the direction of the President, establish 

the source and composition of those 

forces to achieve appropriate balance 

with other national security or DoD 

priorities. 

(iii) Federal military forces employed 

in CDO shall remain under Secretary of 

Defense command and control at all 

times. 

(iv) The pre-positioning of Federal 

military forces for CDO shall not exceed 

a battalion-sized unit in a single 

location unless a larger force is 

authorized by the President. 

(v) DoD Components shall not take 

charge of any function of civil 

government unless absolutely necessary 

under conditions of extreme emergency 

(e.g., when using emergency authority 

as described in 32 CFR part 185 and 

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

Any commander who is directed, or 

undertakes, to control such functions 

shall strictly limit DoD actions to 

emergency needs and shall facilitate the 

reestablishment of civil responsibility at 

the earliest time possible. 

(3) CDO Planning. (i) To ensure 

essential control and sound 

management of all Federal military 

forces employed in CDO, centralized 

direction from the Secretary of Defense, 

through the ASD(HD&ASA), shall guide 

planning by the DoD Components, 

whether alone or with civil authorities. 

Execution of CDO missions shall be 

decentralized through the Commanders 

of USNORTHCOM, USPACOM, or 

USSOCOM, or through joint task force 

commanders, and only when 

specifically directed by the Secretary of 

Defense or as described in paragraph 

(a)(1)(ii)(C) of this section. 

(ii) The Commanders of 

USNORTHCOM, USPACOM, and 

USSOCOM, as the DoD planning agents 

for CDO in accordance with § 182.5(k) of 

this part, shall lead the CDO planning 

activities of the DoD Components in 

these areas: 

(A) USNORTHCOM. The 48 

contiguous States, Alaska, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the U.S. Virgin Islands. 

(B) USPACOM. Hawaii and the U.S. 

possessions and territories in the Pacific 

area. 

(C) USSOCOM. CDO activities 

involving special operations forces. 

(iii) CDO plans and readiness 

measures shall foster efficient 

employment of Federal equipment 

controlled by NG forces, whether 

employed under State or Federal 

authority, as well as other resources of 

the DoD Components. 

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

forces in a State active duty status have 

primary responsibility to support State 

and local Government agencies for 

disaster responses and in domestic 

emergencies, including in response to 

civil disturbances; such activities would 

be directed by, and under the command 

and control of, the Governor, in 

accordance with State or territorial law 

and in accordance with Federal law. 

(ii) NG forces may be ordered or 

called into Federal service to ensure 

unified command and control of all 

Federal military forces for CDO when 

the President determines that action to 

be necessary in extreme circumstances. 

(iii) Federal military forces shall 

conduct CDO in support of the Attorney 

General or designee (unless otherwise 

directed by the President) to assist State 

law enforcement authorities. Federal 

military forces will always remain 

under the command and control of the 

President and Secretary of Defense. 

Federal military forces also could 

conduct CDO in concert with State NG 

forces under the command of a dualstatus commander, if determined to be 

appropriate by the Secretary of Defense 

and the Governor(s) concerned, or in 

close coordination with State NG forces 

using direct liaison. 

(iv) Chief, NGB, will coordinate the 

sharing of State contingency plans for 

the use of non-federalized NG forces in 

CDO roles between the responsible State 

Adjutants General and the responsible 

Combatant Commander. 

(5) Cooperation with Civil Authorities. 

(i) The Attorney General shall receive 

and coordinate preliminary requests for 

CDO from civil authorities pursuant to 

10 U.S.C. 331–334. 

(A) Formal requests for CDO shall be 

addressed to the President. 

(B) The Attorney General may assign 

a component law enforcement agency of 

the Department of Justice, such as the 

FBI or Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, to lead the 

operational response to a civil 

disturbance incident. 

(C) The President may provide, 

through the Attorney General or other 

Federal official, a personal 

representative to communicate the 

President’s policy guidance to the 

military commander conducting CDO. 

That representative may augment, but 

shall not replace, the military chain of 

command. In addition, an individual 

may be designated by the Attorney 

General as the Senior Civilian 

Representative of the Attorney General. 

(ii) The ASD(HD&ASA) shall 

represent DoD in coordinating CDO 

planning and execution with the 

Department of Justice, and other Federal 

and State law enforcement agencies, as 

appropriate. 

(6) Approval Authority. (i) The 

President is the approval authority for 

requests for assistance for CDO, except 

for emergency authority as provided in 

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

in 32 CFR part 185. 

(ii) If the President directs the use of 

Federal military forces for CDO, the 

ASD(HD&ASA) and the CJCS shall 

provide advice to the Secretary of 

Defense regarding the employment of 

DoD personnel and resources to 

implement the direction of the 

President. Secretary of Defense approval 

of such employment shall be 

communicated to the Combatant 

Commanders through the CJCS. 

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

any request, contingency plan, directive, 

or order affecting the employment of 

special operations forces to the 

ASD(SO/LIC), who supervises the 

activities of those forces on behalf of the 

Secretary of Defense in accordance with 

DoD Directive 5111.10,16 ‘‘Assistant 

Secretary of Defense for Special 

Operations and Low-Intensity Conflict 

(ASD(SO/LIC)).’’ 

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

in coordination with the ASD(SO/LIC) 

for the employment of special 

operations forces, shall provide overall 

policy oversight of the employment of 

DoD personnel and resources for CDO 

responding to terrorist incidents and 

other similar events in coordination 

with the CJCS. 

(c) Domestic EOD Support of Civilian 

Law Enforcement Agencies. 

(1) Guiding Statutory Requirements 

and Supporting Policies. DoD EOD 

personnel may provide immediate 

response for EOD support in support of 

civil authorities, when requested, in 

accordance with 32 CFR part 185 and 

may provide for disposition of military 

munitions in accordance with 40 CFR 

parts 260–270. 

(2) DoD Requirements. (i) DoD 

personnel will not participate in search 

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18Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/302513p.pdf. 

19Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/510076m.pdf. 

or seizure of ordnance as part of a 

civilian law enforcement investigation. 

DoD personnel may, as described in 

paragraph (c) of this section, render safe 

military munitions and take possession 

of military munitions for appropriate 

disposition at the request of civilian law 

enforcement officials when such 

military munitions have already been 

discovered and seized by civilian law 

enforcement personnel. 

(ii) DoD officials, including local 

military commanders, may provide EOD 

and explosive detection dog support to 

local civil authorities to save lives, 

prevent human suffering, and mitigate 

great property damage under 

imminently serious conditions in 

accordance with 32 CFR part 185. 

Guidance for planning and execution 

requirements for Combatant 

Commanders and the Military 

Departments in responding to DoD 

military munitions is found in DoD 

Manual 6055.09, Volume 7,17 ‘‘DoD 

Ammunition And Explosives Safety 

Standards: Munitions, and Material 

Potentially Presenting an Explosive 

Hazard.’’ 

(iii) Such an immediate response may 

include actions to provide advice and 

assistance to civil authorities, when 

requested, in the mitigation, rendering 

safe, and disposition of suspected or 

detected presence of unexploded 

ordnance (UXO), damaged or 

deteriorated explosives or munitions, an 

improvised explosive device (IED), 

other potentially explosive material or 

device, or other potentially harmful 

military chemical munitions or device, 

that creates an actual or potential 

imminent threat. 

(iv) Military munitions, discarded 

military munitions, and UXO in an 

unauthorized location under the 

jurisdiction of public officials 

potentially present an imminent and 

substantial danger to public safety and 

health and to the environment, and may 

require an immediate EOD response. 

(A) These conditions include: 

(1) Items that were illegally removed 

from military installations. 

(2) Military munitions that land off 

range. 

(3) Munitions located on property 

formerly leased or owned by DoD 

(including manufacturing areas, pads, 

pits, basins, ponds, streams, burial sites, 

and other locations incident to such 

operations). 

(4) Transportation accidents involving 

military munitions. 

(5) Unauthorized public possession of 

military munitions. 

(B) Military munitions found in the 

conditions in paragraph (c)(2)(iv) of this 

section should be considered extremely 

hazardous and should not be disturbed 

or moved until technically qualified 

EOD personnel assess and determine the 

hazard. 

(C) DoD officials, including local 

military commanders: 

(1) Will provide EOD support for 

military munitions, discarded military 

munitions, and UXO that have (or 

appear to have) DoD origins. 

(2) May, in accordance with 32 CFR 

part 185, provide EOD support for 

military munitions or foreign ordnance 

that do not appear to have DoD origins 

found in the United States under the 

conditions in paragraph (c)(2)(iv) of this 

section. 

(v) Rendering safe and disposing of 

improvised devices, non-military 

commercial explosives, or similar 

dangerous articles reported or 

discovered outside of DoD installations 

are primarily the responsibility of civil 

authorities. However, due to the 

potential lethality and danger to public 

safety, DoD EOD personnel may provide 

assistance upon request in accordance 

with 32 CFR part 185. 

(vi) When responding to requests for 

assistance from civil authorities under 

immediate response authority pursuant 

to 32 CFR part 185, the closest capable 

EOD unit regardless of Military Service 

will provide support. 

(vii) Requests from civil authorities 

for non-immediate DoD EOD support 

are subject to approval by the Secretary 

of Defense. Examples of non-immediate 

DoD EOD support include, but are not 

limited to, post-blast analysis, use of 

DoD material and equipment, and 

support of pre-planned events. 

Exceptions include those activities in 

support of the U.S. Secret Service that, 

in accordance with DoD Directive 

3025.13,18 ‘‘Employment of DoD 

Capabilities in Support of the U.S. 

Secret Service (USSS), Department of 

Homeland Security (DHS),’’ do not 

require Secretary of Defense approval 

and those activities undertaken in 

response to requests for technical 

assistance or assessment of military 

munitions that are performed solely for 

safety purposes. 

(viii) DoD EOD forces providing 

support under immediate response 

authority under 32 CFR part 185 will 

also comply with 40 CFR parts 260–270, 

‘‘Hazardous Waste Management System: 

General,’’ and other applicable local, 

State, and Federal laws and regulations, 

including environmental laws and 

regulations. 

(ix) The National Joint Operations and 

Intelligence Center (NJOIC) and the 

FBI’s Strategic Information Operations 

Center shall be advised immediately of 

the recovery and disposition of military 

munitions, as well as responses to nonmilitary munitions and explosives. DoD 

Components also shall ensure that 

reports are submitted within 72 hours, 

in accordance with 18 U.S.C. 846 and 

DoD Manual 5100.76,19 ‘‘Physical 

Security of Sensitive Conventional 

Arms, Ammunitions, and Explosives 

(AA&E),’’ to: Bureau of Alcohol, 

Tobacco, Firearms, and Explosives, U.S. 

Bomb Data Center, 99 New York Ave. 

NE., 8S 295, Washington, DC 20226. 

(3) Planning and Execution. (i) 

Combatant Commanders will: 

(A) Maintain situational awareness of 

all EOD elements in support of civil 

authorities, consolidate Service EOD 

incident reports, and provide to the 

ASD(HD&ASA) and the ASD(SO/LIC) a 

monthly consolidated report 

highlighting: 

(1) DoD EOD support of civil 

authorities, resources, and work-hours 

expended. 

(2) Final determination of the item, as 

well as the agency supported. 

(3) Final disposition of the hazard, as 

well as a cost estimate of the support 

provided. 

(4) A status of reimbursement by the 

supported entity. Reimbursement will 

not be sought for EOD response to 

military munitions that have (or appear 

to have) DoD origins. 

(B) Coordinate with the DoD 

Explosives Safety Board and the 

Executive Manager for EOD Training 

and Technology to ensure information 

sharing. 

(ii) In situations where DoD EOD 

personnel are asked to provide support 

to DOJ/FBI in conducting electronic 

countermeasures (ECM), such personnel 

may only employ ECM in the United 

States if approved by the Secretary of 

Defense and in accordance with the DOJ 

program for applying ECM in the United 

States in response to threats of radiocontrolled improvised explosive devices 

(DOJ Federal ECM Program) approved 

by the National Telecommunications 

and Information Administration (NTIA) 

(see Section 7.25 of the NTIA Manual of 

Regulations and Procedures for Federal 

Radio Frequency Management). NTIA 

has approved the use of DoD military 

ECM assets in support of the DOJ 

Federal ECM Program, however, only 

those DoD military ECM assets/systems 

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directives/corres/pdf/516068p.pdf. 

21Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/605517p.pdf. 

22Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/540011r.pdf. 

23Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/520027p.pdf. 

that have been approved by NTIA for 

employment in the United States under 

the DOJ Federal ECM Program may be 

used by DoD EOD personnel in 

providing the requested support to DOJ/ 

FBI. 

(A) DoD officials may provide ECM 

equipment, and expert advice regarding 

the FBI’s use of the equipment, in 

accordance with paragraph (c)(2) of this 

section when the FBI has approved use 

of ECM and when there is insufficient 

time to obtain Secretary of Defense 

approval. 

(B) All use of ECM equipment or 

devices while conducting EOD 

operations supporting civil authorities 

will be coordinated with and follow 

procedures established by the FBI’s 

Strategic Information Operations Center 

and reported to the NJOIC. 

(iii) In consideration of the Military 

Departments’ and the Combatant 

Commanders’ planning requirements 

and in consultation with appropriate 

local civilian agencies, installation 

commanders will identify offinstallation critical infrastructure and 

key resources, such as nuclear power 

stations, power plants, communications 

hubs, and water treatment plants. 

Combatant Commanders and other 

responsible DoD officials will assist in 

developing priorities for EOD support of 

civil authorities. Installations without 

resident EOD forces will develop plans 

to seek support from the nearest DoD 

EOD organization. 

(iv) Combatant Commanders, as 

appropriate, will maintain situational 

awareness of all EOD elements in 

support of civil authorities, coordinate 

and de-conflict Military Services’ EOD 

domestic areas of response, and develop 

consolidated reporting procedures to 

permit accurate and timely collection of 

data from the supporting Services. 

(v) Service EOD reports shall be used 

to indicate that DoD is reclaiming 

accountability of DoD military 

munitions that were found outside the 

custody of DoD. The Military 

Departments will forward reports of 

reclaimed military munitions to 

installations for ammunitions logistics 

management and submission to the DoD 

Explosives Safety Board in accordance 

with DoD Manual 6055.09, Volume 7, 

DoD Manual 5100.76, and DoD 

Instruction 5160.68,20 ‘‘Single Manager 

for Conventional Ammunition (SMCA): 

Responsibilities of the SMCA, the 

Military Services, and the United States 

Special Operations Command 

(USSOCOM).’’ 

(vi) Reimbursement is not required for 

EOD support involving military 

munitions, discarded military 

munitions, and UXO that have DoD 

origins or appear to have DoD origins. 

Combatant Commanders will coordinate 

with the DoD Explosives Safety Board 

and the Executive Manager for EOD 

Training and Technology to ensure 

information sharing. 

(vii) In accordance with DoD 

Instruction 6055.17,21 ‘‘DoD Installation 

Emergency Management (IEM) 

Program,’’ and applicable Military 

Department issuances, commanders of 

EOD organizations will: 

(A) Coordinate with installation 

emergency managers to: 

(1) Establish local processes and 

procedures to respond to and report 

military and non-military munitions 

support requests from civil law 

enforcement agencies. 

(2) Determine priorities of EOD 

support for protecting critical 

infrastructure and key resources when 

requested. 

(B) Participate in installation 

emergency response exercises. 

(C) Determine training requirements 

for conducting DSCA response 

missions. 

(4) Cooperation with Civil Authorities. 

(i) DoD EOD forces will maintain 

relationships with local, State, tribal, 

and other Federal bomb disposal and 

other law enforcement agency assets 

near their geographical locations. Such 

relationships may include conferences 

and training exercises to increase the 

interoperability and integration with 

local bomb squad agencies, to improve 

the response capabilities to civil 

authorities when requested, and to 

enhance the consolidated response 

capabilities. 

(ii) DoD EOD personnel may conduct 

UXO and explosive ordnance awareness 

and education programs that inform and 

promote public safety of the hazards 

associated with military munitions and 

explosive items. 

(d) Domestic terrorist incident 

support. (1) DoD guidance. Only the 

Secretary of Defense may authorize the 

use of DoD personnel in support of 

civilian law enforcement officials 

during a domestic terrorism incident, 

except as described in paragraph 

(d)(1)(ii) of this section. The 

Commanders of USNORTHCOM, 

USPACOM, and USSOCOM, in 

coordination with the CJCS, 

ASD(HD&ASA), and ASD(SO/LIC), have 

primary responsibility for all military 

preparations and—when authorized by 

the Secretary of Defense—operations, 

including the employment of armed 

Federal military forces at the scene of 

any domestic terrorist incident. 

(i) In discharging those functions, the 

Commanders of USNORTHCOM, 

USPACOM, and USSOCOM shall 

operate in a manner consistent with law 

enforcement policies established by the 

Attorney General. 

(ii) When a terrorist incident develops 

that has a potential for military 

involvement, the Commanders of 

USNORTHCOM, USPACOM, and 

USSOCOM may dispatch military 

observers to the incident site, with the 

concurrence of the senior FBI official at 

the site, to appraise the situation before 

any decision is made by the Secretary of 

Defense to commit Federal military 

forces. Any dispatch of U.S. 

counterterrorism forces as observers 

must be specifically authorized by the 

Secretary of Defense through the CJCS. 

(2) Requirement for vocal orders to be 

published. When the Secretary of 

Defense authorizes U.S. 

counterterrorism forces to assist with 

the resolution of a domestic terrorist 

incident, the CJCS shall issue the 

appropriate order on behalf of the 

Secretary of Defense. That order shall 

designate the command relationships 

for the deploying forces. 

(e) Use of information collected 

during DoD operations. 

(1) Acquisition and dissemination. 

DoD Components are encouraged to 

provide to Federal, State, or local 

civilian law enforcement officials any 

information collected during the normal 

course of military operations that may 

be relevant to a violation of State or 

Federal law within the jurisdiction of 

such officials, except as described in 

paragraph (a)(6)(vii)(B) of this section. 

The DoD Components shall prescribe 

procedures for releasing information 

upon reasonable belief that there has 

been such a violation. 

(i) The assistance provided shall be in 

accordance with DoD 5400.11–R,22

‘‘Department of Defense Privacy 

Program,’’ and with 10 U.S.C. 371 and 

other applicable laws. 

(ii) The acquisition and dissemination 

of information under paragraph (e) of 

this section shall be in accordance with 

DoD Directive 5200.27,23 ‘‘Acquisition 

of Information Concerning Persons and 

Organizations not Affiliated with the 

Department of Defense,’’ DoD Directive 

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directives/corres/pdf/524001p.pdf. 

25Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/524001r.pdf. 

26Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/516068p.pdf. 

27Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/540011p.pdf. 

28Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/451513r.pdf. 

29Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/416570p.pdf. 30Available at http://www.dtic.mil/whs/ 

directives/corres/pdf/541012p.pdf. 

5240.01,24 ‘‘DoD Intelligence 

Activities,’’ and, for DoD intelligence 

components, DoD 5240.1–R,25

‘‘Procedures Governing the Activities of 

DoD Intelligence Components that 

Affect United States Persons.’’ 

(iii) The DoD Components shall 

establish procedures for ‘‘routine use’’ 

disclosures of such information in 

accordance with DoD Instruction 

5160.68,26 ‘‘Single Manager for 

Conventional Ammunition (SMCA): 

Responsibilities of the SMCA, the 

Military Services, and the United States 

Special Operations Command 

(USSOCOM),’’ and DoD Directive 

5400.11,27 ‘‘DoD Privacy Program.’’ 

(iv) Under guidance established by 

the DoD Components concerned, the 

planning and execution of compatible 

DoD training and operations shall, to the 

maximum extent practicable, take into 

account the needs of civilian law 

enforcement officials for information 

when the collection of the information 

is an incidental aspect of training or 

operations performed by Federal 

military forces consistent with 10 U.S.C. 

371. 

(v) The needs of civilian law 

enforcement officials shall, to the 

maximum extent practicable, be 

considered when scheduling routine 

training missions, consistent with 10 

U.S.C. 371. This does not permit the 

planning or creation of missions or 

training for the primary purpose of 

aiding civilian law enforcement 

officials, and it does not permit 

conducting training or missions for the 

purpose of routinely collecting 

information about U.S. citizens. 

(vi) Civilian law enforcement agents 

may accompany routinely scheduled 

training flights as observers for the 

purpose of collecting law enforcement 

information. This provision does not 

authorize the use of DoD aircraft to 

provide point-to-point transportation 

and training flights for civilian law 

enforcement officials. Such assistance 

may be provided only in accordance 

with DoD 4515.13–R,28 ‘‘Air 

Transportation Eligibility.’’ 

(vii) Intelligence information held by 

the DoD Components and relevant to 

drug interdiction or other civilian law 

enforcement matters shall be provided 

promptly to appropriate civilian law 

enforcement officials, unless sharing 

that information is determined by the 

head of that DoD Component to be 

inconsistent with national security. 

Under procedures established by the 

DoD Components concerned, 

information concerning illegal drugs 

that is provided to civilian law 

enforcement officials under provisions 

of DoD 5240.1–R shall also be provided 

to law enforcement officials at the El 

Paso Intelligence Center. 

(viii) Nothing in this section modifies 

DoD procedures for dissemination of 

information for foreign intelligence or 

counterintelligence purposes. 

(ix) The DoD Components are 

encouraged to participate in the 

Department of Justice law enforcement 

coordinating committees situated in 

each Federal judicial district. 

(x) The assistance provided under 

paragraph (e) of this section may not 

include or permit direct participation by 

DoD personnel in the interdiction of a 

vessel, aircraft, or land vehicle, or in a 

search, seizure, arrest, or other similar 

activity, unless the member’s 

participation in such activity is 

otherwise authorized by law in 

accordance with paragraph (a)(1)(ii) of 

this section. 

(2) Military readiness. Information 

shall not be provided under paragraph 

(e) of this section if it could adversely 

affect military preparedness of the 

United States. 

(f) Use of DoD equipment and 

facilities. 

(1) Equipment and facilities. The DoD 

Components may make equipment, base 

facilities, or research facilities available 

to Federal, State, or local civilian law 

enforcement officials for law 

enforcement purposes in accordance 

with the guidance in paragraph (f) of 

this section. 

(i) The ASD(HD&ASA) shall issue 

guidance to ensure that the assistance 

provided under paragraph (f) of this 

section is in accordance with applicable 

provisions of law, including: 

(A) 10 U.S.C. 372, 377, 2576, and 

2667. 

(B) 31 U.S.C. 1535 (also known and 

referred to in this part as ‘‘The Economy 

Act of 1932, as amended’’) and 31 

U.S.C. 6501–6508 (also known as ‘‘The 

Intergovernmental Cooperation Act of 

1968, as amended’’). 

(C) Title 40, U.S.C. 

(D) 41 U.S.C. 102–103, 105–115, 151– 

153, 3101, 3105, 3301, 3303–3305, 3509, 

3901, 3905–3906, 4501–4506, 4701, and 

6101. 

(E) 44 U.S.C. chapters 21, 25, 29, and 

31. 

(ii) The ASD(HD&ASA) guidance 

shall also ensure compliance with DoD 

Instruction 4165.70,29 ‘‘Real Property 

Management,’’ and DoD Directive 

5410.12,30 ‘‘Economic Adjustment 

Assistance to Defense-Impacted 

Communities,’’ and other guidance that 

may be issued by the Under Secretary of 

Defense (Comptroller)/Chief Financial 

Officer, Department of Defense. 

(2) Limitations on the use of 

personnel. The DoD Components shall 

follow the guidance in paragraph 

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

requests for DoD personnel to operate or 

maintain, or to assist in operating or 

maintaining, equipment made available 

according to paragraph (f)(1) of this 

section. 

(3) Military readiness. Assistance may 

not be provided under paragraph (f) of 

this section if such assistance could 

adversely affect military preparedness. 

Each request shall be evaluated using 

the criteria provided in 32 CFR part 185 

for evaluating legality, lethality, risk, 

cost, appropriateness, and readiness. 

The implementing documents issued by 

the DoD Components shall ensure that 

approval for the disposition of 

equipment is vested in officials who can 

assess the effect of such disposition on 

military preparedness. 

(4) Approval authority. (i) Requests by 

civilian law enforcement officials for 

DoD assistance for the use of DoD 

equipment and facilities shall be 

forwarded to the appropriate approval 

authority under the guidance in this 

section. All requests, including those in 

which subordinate authorities 

recommend denial, shall be submitted 

promptly to the approving authority. 

Requests will be forwarded and 

processed according to the urgency of 

the situation. 

(A) Requests for the use of equipment 

or facilities outside the United States, 

other than for arms, ammunition, 

combat vehicles, vessels, and aircraft, 

shall be considered in accordance with 

procedures established by the 

applicable DoD Component. 

(B) Requests from other Federal 

agencies to purchase equipment 

(permanent retention) from a DoD 

Component, that are accompanied by 

appropriate funding documents, may be 

submitted directly to the DoD 

Component concerned. 

(C) Requests for training, expert 

advice, or use of personnel to operate or 

maintain equipment shall be forwarded 

in accordance with paragraph (a)(5) of 

this section. 

(D) For loans pursuant to 31 U.S.C. 

1535 and 6501–6508, which are limited 

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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations 21839 

31Available at http://comptroller.defense.gov/ 

fmr/. 

to agencies of the Federal Government, 

and for leases pursuant to 10 U.S.C. 

2667, which may be made to entities 

outside the Federal Government, this 

guidance applies: 

(1) Requests for arms, ammunition, 

combat vehicles, vessels, and aircraft 

shall be submitted to the Secretary of 

Defense for approval. 

(2) Requests for loan or lease or other 

use of equipment or facilities are subject 

to approval by the heads of the DoD 

Components, unless approval by a 

higher official is required by statute or 

DoD issuance applicable to the 

particular disposition. 

(ii) The Heads of the DoD 

Components shall issue implementing 

policy and direction for taking action on 

requests for loan, lease, or other use of 

equipment or facilities that are not 

governed by paragraphs (f)(4)(i)(D)(1) 

and (f)(4)(i)(D)(2) of this section. Such 

implementing policy and direction shall 

ensure compliance with applicable law 

and DoD issuances, including requiring 

specific levels of approval with respect 

to particular dispositions. 

(g) Funding. 

(1) General. Reimbursement is 

required when equipment or services 

are provided to agencies outside DoD. 

(i) The primary sources of 

reimbursement requirements are the 

Economy Act of 1932, as amended, for 

provision of equipment or services to 

Federal departments and agencies and 

10, U.S.C. 2667. 10 U.S.C. 377 requires 

reimbursement unless the Secretary of 

Defense elects to waive reimbursement 

using the criteria described in paragraph 

(g)(2)(iii) of this section. 

(ii) Other statutes may apply to 

particular types of assistance or may 

apply to assistance to specific civilian 

law enforcement entities. Payment of 

fair market value under 10 U.S.C. 2667 

may only be waived under the 

provisions of 10 U.S.C. 2667. 

(iii) A requirement for reimbursement 

does not apply when DoD Components 

provide information, collected during 

the normal course of military training or 

operations, to Federal, State, or local 

civilian law enforcement agencies 

pursuant to 10 U.S.C. 371. 

(2) Procedural requirements. (i) 

Defense support of civilian law 

enforcement agencies is normally an 

unprogrammed requirement for DoD. 

DoD 7000.14–R,31 ‘‘Department of 

Defense Financial Management 

Regulations (FMRs),’’ Volumes 1–15, 

prescribes procedures for financing and 

reporting costs. DoD Components shall 

comply with these procedures and shall 

consider the factors presented in 

paragraph (g)(2)(iii) of this section to 

determine or recommend whether 

financing is to be accomplished on a 

reimbursable or non-reimbursable basis. 

(ii) The Commanders of 

USNORTHCOM, USPACOM, and 

USSOCOM shall serve as the financial 

managers responsible for DoD oversight 

of all operations executed in their areas 

of responsibility in accordance with 

§ 182.5(k). 

(iii) The Secretary of Defense may 

waive reimbursement for DoD support 

to civilian law enforcement agencies 

provided pursuant to 10 U.S.C. 18, or 

support provided by NG personnel 

performing duty pursuant to 32 U.S.C. 

502(f), in accordance with 10 U.S.C. 

377, if such support: 

(A) Is provided in the normal course 

of DoD training or operations; or 

(B) Results in a benefit to the DoD 

element or the NG personnel providing 

the support that is substantially 

equivalent to that which would 

otherwise be obtained from military 

operations or training. 

(3) Personnel duty status. Funding for 

State active duty of NG personnel is the 

responsibility of the State involved. 

Dated: March 8, 2013. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2013–07802 Filed 4–11–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0041] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Green River, Small-house, KY and 

Black River, Jonesboro, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the drawbridges across 

Green River, mile 79.6, Small-house, KY 

and Black River, mile 41.0, Jonesboro, 

LA. The Green River bridge was 

removed in 2008 and the Black River 

bridge was replaced with a fixed bridge 

in 2008 and the operating regulations 

are no longer applicable or necessary. 

DATES: This rule is effective April 12, 

2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0041]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Eric Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard; telephone 314–269–2378, email 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information 

The Coast Guard is issuing this final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because the CSX 

Transportation Railroad bridge, that 

once required draw operations in 33 

CFR 117.415(b), was removed from the 

waterway in 2008 and the US84 bridge, 

that once required draw operations in 

33 CFR 117.427, was removed from the 

waterway and replaced with a fixed 

bridge in 2008. Therefore, the 

regulations are no longer applicable and 

shall be removed from publication. It is 

unnecessary to publish an NPRM 

because this regulatory action does not 

purport to place any restrictions on 

mariners but rather removes a 

restriction that has no further use or 

value. 

Under 5 U.S.C. 553(d)(1), a rule that 

relieves a restriction is not required to 

provide the 30 day notice period before 

its effective date. This rule removes the 

CSX Transportation Railroad bridge 

draw operation requirements under 33 

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