Index




Department of Defense



DIRECTIVE



NUMBER 5525.5



January 15, 1986



Administrative Reissuance Incorporating Change 1, December

20, 1989



ASD(FM&P)



SUBJECT:  DoD Cooperation with Civilian Law Enforcement

Officials 



References:  (a)  through (ll), see enclosure E1.



1.  REISSUANCE AND PURPOSE 



This Directive reissues reference (a) to update uniform

DoD policies and procedures to be followed with respect

to support provided to Federal, State, and local civilian

law enforcement efforts; and assigns responsibilities.



2.  APPLICABILITY AND SCOPE 



2.1.  This Directive applies to the Office of the Secretary

of Defense (OSD), the Military Departments, the Organization

of the Joint Chiefs of Staff (OJCS), the Unified and

Specified Commands, and the Defense Agencies (hereafter

referred to collectively as DoD Components).   The term

"Military Service," as used herein, refers to the Army,

Navy, Air Force, and Marine Corps.



2.2.  DoD policy on assistance to law enforcement officials

in foreign governments is not governed by this Directive

except as specified by other DoD issuances.



3.  DEFINITIONS 



3.1.  Civilian Agency.   An agency of one of the following

jurisdictions:



3.1.1.  The United States (other than the Department

of Defense, but including the U.S. Coast Guard).   This

includes U.S. agencies in international areas dealing

with U.S. flag vessels or aircraft in violation of U.S.

law.



3.1.2.  A State (or political subdivision of it) of

the United States.



3.1.3.  Commonwealth, Territory, or Possession (or political

subdivision of it) of the United States.



3.2.  Civilian Law Enforcement Official.   An officer

or employee of a civilian agency with responsibility

for enforcement of the laws within the jurisdiction

of that agency.



3.3.  DoD Intelligence Component.   An organization

listed in subsection 3.4. of DoD Directive 5240.1 (reference

(b)).



4.  POLICY 



It is DoD policy to cooperate with civilian law enforcement

officials to the extent practical.   The implementation

of this policy shall be consistent with the needs of

national security and military preparedness, the historic

tradition of limiting direct military involvement in

civilian law enforcement activities, and the requirements

of applicable law, as developed in enclosures E2. through

E7.



5.  RESPONSIBILITIES 



5.1.  The Assistant Secretary of Defense (Force Management

and Personnel) (ASD(FM&P)) shall:



5.1.1.  Coordinate with civilian law enforcement agencies

on long range policies to further DoD cooperation with

civilian law enforcement officials.



5.1.2.  Provide information to civilian agencies and

The National Narcotics Border Interdiction System (NNBIS)

to facilitate access to DoD resources.



5.1.3.  Coordinate with the Department of Justice, the

Department of Transportation (U.S. Coast Guard), and

the Department of the Treasury (U.S. Customs Service)

and represent the Department of Defense on interagency

organizations regarding matters involving the interdiction

of the flow of illegal drugs into the United States.



5.1.4.  Develop guidance and, as required, take other

actions as specified in enclosures E2. through E7.,

taking into account the requirements of DoD intelligence

components and the interests of the Assistant Secretary

of Defense (Health Affairs) (ASD(HA)) and the Assistant

Secretary of Defense (Reserve Affairs) (ASD(RA)).



5.1.5.  Inform the ASD(RA) of all requests for and taskings

concerning National Guard and Reserve personnel and

resources in support of civilian law enforcement.



5.1.6.  Modify the sample report formats at enclosures

E6. and E7.



5.2.  The Inspector General of the Department of Defense

(IG, DoD) shall issue guidance on cooperation with civilian

law enforcement officials with respect to audits and

investigations conducted, supervised, monitored, or

initiated under DoD Directive 5106.1 (reference (c)),

subject to coordination with the General Counsel.



5.3.  The Assistant Secretary of Defense (Reserve Affairs)

(ASD(RA)) shall:



5.3.1.  Assist the ASD(FM&P) in the development of guidance

for use by approving authorities in evaluating the impact

on military preparedness of any request for assistance

from units of the National Guard and Reserve.



5.3.2.  At the request of the Secretary of Defense or

the ASD(FM&P), determine the impact on military preparedness

of any request for military assistance from units of

the National Guard and Reserve.



5.4.  The Secretaries of the Military Departments and

the Directors of the Defense Agencies, as appropriate,

shall:



5.4.1.  Disseminate the guidance issued by the ASD(FM&P)

under paragraph 5.1.4., above.



5.4.2.  Review training and operational programs to

determine how and where assistance can best be provided

civilian law enforcement officials consistent with the

policy in section 4., above.   This review should identify

those programs under which reimbursement would not be

required under enclosure E5.



5.4.3.  Issue implementing documents incorporating the

guidelines and procedures of this Directive, including

the following:



5.4.3.1.  Procedures for prompt transfer of relevant

information to law enforcement agencies.



5.4.3.2.  Procedures for establishing local contact

points in subordinate commands for purposes of coordination

with Federal, State, and local civilian law enforcement

officials.



5.4.3.3.  Guidelines for evaluating requests for assistance

in terms of impact on national security and military

preparedness.



5.4.4.  Inform the Joint Chiefs of Staff (JCS), through

ASD(FM&P) of all requests for and taskings in support

of civilian law enforcement that involve the resources

of a Unified or Specified Command, which, if provided,

could have significant impact on military preparedness

or national security.



5.5.  The Director, National Security Agency/Chief,

Central Security Service (DIRNSA/CHCSS) shall establish

appropriate guidance for the National Security Agency/Central

Security Service (NSA/CSS).



5.6.  The Joint Chiefs of Staff shall:



5.6.1.  Assist the ASD(FM&P) in the development of guidance

for use by approving authorities in evaluating the impact

of requests for assistance on national security and

military preparedness.



5.6.2.  Provide advice on the impact on national security

and military preparedness of any request for military

assistance at the request of the Secretary of Defense,

the ASD(FM&P), the Secretaries of the Military Departments,

the Directors of Defense Agencies, or the Commanders

of the Unified and Specified Commands.



6.  INFORMATION REQUIREMENTS 



A quarterly report of all requests for assistance (approved,

denied, or pending) shall be submitted by the Secretaries

of the Military Departments and the Directors of Defense

Agencies to the ASD(FM&P), the General Counsel, the

ASD(HA), and the ASD(RA), not later than 30 days after

the end of each quarter.   The report will show action

taken (approval, denial, or pending) and other appropriate

information.   This information requirement has been

assigned Report Control Symbol DD-FM&P(Q)1595.   Actions

involving the use of classified information or techniques

may be exempted from such report with the concurrence

of the ASD(FM&P) if it is impractical to prepare an

unclassified summary.   The sample format at enclosure

will be used to record all aviation assistance.



7.  RELEASE OF INFORMATION 



7.1.  Release of information to the public concerning

law enforcement operations is the primary responsibility

of the civilian agency that is performing the law enforcement

function.   The Military Departments and the Directors

of the Defense Agencies may release such information,

however, when approved under the procedures established

by the Secretaries of the Military Departments and the

Directors of the Defense Agencies concerned.   To the

extent possible, the affected civilian law enforcement

agencies shall be consulted before releasing such information.



7.2.  When assistance is provided under this Directive,

such assistance may be conditioned upon control by the

Secretaries of the Military Departments and Directors

of the Defense Agencies before information is released

to the public.



8.  EFFECTIVE DATE AND IMPLEMENTATION 



This Directive is effective immediately.   Forward two

copies of implementing documents to the Assistant Secretary

of Defense (Force Management and Personnel) within 120

days.



8.1.  MISCELLANEOUS    The provisions of paragraph E4.1.3.

of enclosure E4. of Department of Defense Directive

5525.5, entitled "Restrictions on Direct Assistance,"

will continue to apply to all actions conducted by military

personnel within the territorial boundaries of the United

States.   With regard to military actions conducted

outside the territorial jurisdiction of the United States,

however, the Secretary of Defense or the Deputy Secretary

of Defense will consider for approval, on a case by

case basis, requests for exceptions to the policy restrictions

against direct assistance by military personnel to execute

the laws.   Such requests for exceptions to policy outside

the territorial jurisdiction of the United States should

be made only when there are compelling and extraordinary

circumstances to justify them.



Enclosures - 7 



1.  References



2.  Use of Information Collected During Military Operations



3.  Use of Military Equipment and Facilities



4.  Restrictions on Participation of DoD Personnel in

Civilian Law Enforcement Activities



5.  Funding



6.  Sample Format for Preparing, "Report on Support

to Civilian Law Enforcement (RCS DD-FM&P(Q)1595)" 



7.  Aviation Assistance to Law Enforcement Agencies

(Sample Format) 



E1.  ENCLOSURE 1



REFERENCES



(a)  DoD Directive 5525.5, subject as above, March 22,

1982 (hereby canceled)



(b)  DoD Directive 5240.1, "Activities of DoD Intelligence

Components that Affect U.S. Persons," December 3, 1982



(c)  DoD Directive 5106.1, "Inspector General of the

Department of Defense," March 14, 1983



(d)  Title 10, United States Code (10 U.S.C.), 331-334,

337, 371-378, 2576, and 2667; and Chapter 47 (Uniform

Code of Military Justice)



(e)  DoD Directive 5200.27, "Acquisition of Information

Concerning Persons and Organizations not Affiliated

with the Department of Defense," January 7, 1980



(f)  DoD 5240.1-R, "Procedures Governing the Activities

of DoD Intelligence Components that Affect United States

Persons," December 1982, authorized by reference (b)



(g)  DoD Directive 5400.11, "Department of Defense Privacy

Program," June 9, 1982



(h)  DoD 4515.13-R, "Air Transportation Eligibility,"

January 1980, authorized by DoD Directive 4515.13, June

26, 1979



(i)  Public Law, "The Economy Act, " (31 U.S.C. 1535)



(j)  Public Law, "The Intergovernmental Cooperation

Act of 1968," (40 U.S.C. 531-535 and 42 U.S.C. 4201,

4211-4124, 4221-4225, 4231-4233, 4241-4244)



(k)  Public Law, "Federal Property and Administrative

Services Act of 1949," (40 U.S.C. 471-476, 481, 483,

483c, 484-492, 512, 514, 531-535, 541-544, 751-759;

41 U.S.C. 5, 251-255, 257-260; 44 U.S.C., Chapters

21, 25, 29, 31; and 50 U.S.C. Appendix 1622)



(l)  DoD Directive 3025.12, "Employment of Military

Resources in the Event of Civil Disturbances," August

19, 1971



(m)  DoD Instruction 4160.23, "Sale of Surplus Military

Equipment to State and Local Law Enforcement and Firefighting

Agencies," January 27, 1981



(n)  DoD Instruction 4160.24, "Disposal of Foreign Excess

Personal Property for Substantial Benefits or the Discharge

of Claims," July 24, 1981



(o)  DoD Directive 4165.6, "Real Property Acquisition,

Management and Disposal," December 22, 1976



(p)  DoD Directive 4165.20, "Utilization and Retention

of Real Property," January 31, 1985



(q)  DoD Directive 5410.12, "Economic Adjustment Assistance

to Defense-Impacted Communities," April 21, 1973



(r)  DoD Instruction 7230.7, "User Charges," January

29, 1985



(s)  DoD Instruction 7310.1, "Disposition of Proceeds

from Sales of DoD Excess and Surplus Personal Property,"

November 15, 1984



(t)  DoD Instruction 7730.53, "Specialized or Technical

Services Provided to State and Local Government," December

23, 1982



(u)  DoD Directive 5030.46, "Assistance to the District

of Columbia Government in Combating Crime," March 26,

1971



(v)  Public Law, "Posse Comitatus Act," (18 U.S.C. 1385)



(w)  DoD Directive 5525.7, "Implementation of the Memorandum

of Understanding Between the Department of Justice and

the Department of Defense Relating to the Investigation

and Prosecution of Certain Crimes," January 22, 1985





(x)  Title 5, United States Code, Appendix 3, Section

8(g)



(y)  Title 16, United States Code, 23, 78, 593, and

1861(a)



(z)  Title 18, United States Code, 112, 351, 831,

1116, 1751, and 3056; "Presidential Protection Assistance

Act of 1976," Public Law 94-524, 90 Stat. 2475



(aa)  Title 22, United States Code, 408 and 461-462



(bb)  Title 25, United States Code, 180



(cc)  Title 42, United States Code, 97, 1989, and

3789



(dd)  Title 43, United States Code, 1065



(ee)  Title 48, United States Code, 1418, 1422, and

1591



(ff)  Title 50, United States Code, 220



(gg)  Public Law, "The Controlled Substances Act," (21

U.S.C. 801 et seq.)



(hh)  Public Law, "The Controlled Substances Import

and Export Act," (21 U.S.C. 951 et seq.)



(ii)  Public Law, "The Immigration and Nationality Act,"

(8 U.S.C. 1324-1328)



(jj)  Title 19, United States Code 1401 (The Tariff

Act of 1930) and 1202 (Tariff Schedules of the United

States)



(kk)  Title 21, United States Code 873(b)



(ll)  DoD 7220.9-M, "Department of Defense Accounting

Manual," October 1983, authorized by DoD Directive 7220.9



E2.  ENCLOSURE 2



USE OF INFORMATION COLLECTED DURING MILITARY OPERATIONS



E2.1.  ACQUISITION AND DISSEMINATION 



Military Departments and Defense Agencies are encouraged

to provide to Federal, State, or local civilian law

enforcement officials any information collected during

the normal course of military operations that may be

relevant to a violation of any Federal or State law

within the jurisdiction of such officials.   The Secretaries

of the Military Departments and Directors of the Defense

Agencies shall prescribe procedures for releasing information

upon reasonable belief that there has been such a violation.



E2.1.1.  The assistance provided under this enclosure

shall be in accordance with 10 U.S.C. 371 (reference

(d)) and other applicable laws.



E2.1.2.  The acquisition and dissemination of information

under this enclosure shall be in accordance with DoD

Directive 5200.27 (reference (e)), DoD Directive 5240.1

(reference (b)), and DoD 5240.1-R (reference (f)).



E2.1.3.  Military Departments and Defense Agencies shall

establish procedures for "routine use" disclosures of

such information in accordance with DoD Directive 5400.11

(reference (g)).



E2.1.4.  Under guidance established by the Secretaries

of the Military Departments and the Directors of the

Defense Agencies concerned, the planning and execution

of compatible military training and operations may take

into account the needs of civilian law enforcement officials

for information when the collection of the information

is an incidental aspect of training performed for a

military purpose.   In this regard, the needs of civilian

law enforcement officials may be considered when scheduling

routine training missions.   This does not permit the

planning or creation of missions or training for the

primary purpose of aiding civilian law enforcement officials,

and it does not permit conducting training or missions

for the purpose of routinely collecting information

about U.S. citizens.   Local law enforcement agents

may accompany routinely scheduled training flights as

observers for the purpose of collecting law enforcement

information.   This provision does not authorize the

use of DoD aircraft to provide point-to-point transportation

and training flights for civilian law enforcement officials.

  Such assistance may be provided only in accordance

with DoD 4515.13-R (reference (h)).



E2.1.5.  Under procedures established by the Secretaries

of Military Departments and the Directors of the Defense

Agencies concerned, information concerning illegal drugs

that is provided to civilian law enforcement officials

under this provision (reference (f)) may be provided

to the El Paso Intelligence Center.



E2.1.6.  Nothing in this section modifies DoD policies

or procedures concerning dissemination of information

for foreign intelligence or counterintelligence purposes.



E2.1.7.  The Military Departments and Defense Agencies

are encouraged to participate in Department of Justice

Law Enforcement Coordinating Committees situated in

each Federal Judicial District.



E2.1.8.  The assistance provided under this enclosure

may not include or permit direct participation by a

member of a Military Service in the interdiction of

a vessel, aircraft, or a land vehicle, a search or seizure,

arrest, or other similar activity unless participation

in such activity by the member is otherwise authorized

by law.   See enclosure E4.



E2.2.  MILITARY PREPAREDNESS 



Assistance may not be provided under this enclosure

if it could adversely affect national security or military

preparedness.



E2.3.  FUNDING 



To the extent that assistance under this enclosure requires

Military Departments and Defense Agencies to incur costs

beyond those that are incurred in the normal course

of military operations, the funding provisions of enclosure

E5. apply.



E3.  ENCLOSURE 3



USE OF MILITARY EQUIPMENT AND FACILITIES



E3.1.  EQUIPMENT AND FACILITIES 



Military Departments and Defense Agencies 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 this

enclosure.



E3.1.1.  The ASD(FM&P) shall issue guidance to ensure

that the assistance provided under this enclosure is

in accordance with applicable provisions of 10 U.S.C.

372, 2576, and 2667 (reference (d)); the Economy Act

(reference (i)); the Intergovernmental Cooperation Act

of 1968 (reference (j)); the Federal Property and Administrative

Services Act of 1949 (reference (k)); and other applicable

laws.



E3.1.2.  The guidance in subsection E3.1.1., above,

shall ensure that the following Directives are complied

with:   DoD Directive 3025.12 (reference (l)); DoD Instruction

4160.23 (reference (m)); DoD Instruction 4160.24 (reference

(n)); DoD Directive 4165.6 (reference (o)); DoD Directive

4165.20 (reference (p)); DoD Directive 5410.12 (reference

(q)); DoD Instruction 7230.7 (reference (r)); DoD Instruction

7310.1 (reference (s)); DoD Instruction 7730.53 (reference

(t)); and other guidance that may be issued by the ASD(FM&P)

and the Assistant Secretary of Defense (Comptroller)

(ASD(C)).



E3.1.3.  The assistance provided by DoD Intelligence

Components is subject to DoD Directive 5240.1 (reference

(b)) and DoD 5240.1-R (reference (f)). 



E3.2.  LIMITATIONS ON THE USE OF PERSONNEL 



E3.2.1.  A request for DoD personnel to operate or maintain

or to assist in operating or maintaining equipment made

available under section E3.1., above, shall be considered

under the guidance in subsection E4.1.6. (enclosure

E4.).



E3.2.2.  Personnel in DoD intelligence components also

are subject to the limitations in DoD Directive 5240.1

(reference (b)) and DoD 5240.1-R (reference (f)).



E3.3.  MILITARY PREPAREDNESS 



Assistance may not be provided under this enclosure

if such assistance could adversely affect national security

or military preparedness.   The implementing documents

issued by the Secretaries of the Military Departments

and the Directors of the Defense Agencies shall ensure

that approval for the disposition of equipment is vested

in officials who can assess the impact of such disposition

on national security and military preparedness.



E3.4.  APPROVAL AUTHORITY 



Requests by civilian law enforcement officials for DoD

assistance in civilian law enforcement functions shall

be forwarded to the appropriate approval authority under

the guidance in this section.



E3.4.1.  Approval authority for military assistance

if there is a civil disturbance or related matters requiring

immediate action is governed by DoD Directive 3025.12

(reference (l)).



E3.4.2.  Approval authority for assistance to the government

of the District of Columbia is governed by DoD Directive

5030.46 (reference (u)).



E3.4.3.  The following governs approval for assistance

to civilian law enforcement officials in other circumstances:



E3.4.3.1.  Requests for training, expert advice, or

use of personnel to operate or maintain equipment shall

be forwarded for consideration under section E4.5.of

enclosure E4.



E3.4.3.2.  Requests for DoD intelligence components

to provide assistance shall be forwarded for consideration

under DoD Directive 5240.1 (reference (b)) and DoD 5240.1-R

(reference (f)).



E3.4.3.3.  Loans under the Economy Act (reference (i))

are limited to agencies of the Federal Government. 

 Leases under 10 U.S.C. 2667 (reference (d)) may be

made to entities outside the Federal Government.



E3.4.3.3.1.  Requests for arms, ammunition, combat vehicles,

vessels, and aircraft are subject to approval by the

Secretaries of the Military Departments and the Directors

of Defense Agencies.   A notice of approval or denial

shall be reported to the ASD(FM&P) within 48 hours after

such action.



E3.4.3.3.2.  Requests for loan or lease or other use

of equipment or facilities are subject to approval by

the Secretaries of the Military Departments and the

Directors of the Defense Agencies, unless approval by

a higher official is required by statute or DoD Directive

applicable to the particular disposition.   This authority

may be delegated. The Secretaries of the Military Departments

and the Directors of the Defense Agencies shall issue

rules for taking action on requests for loan, lease,

or other use of equipment or facilities that are not

governed by paragraphs E3.4.3.1. through E3.4.3.3.,

above, subject to the following:



E3.4.3.3.2.1.  Such rules shall ensure compliance with

applicable statutes and DoD Directives requiring specific

levels of approval with respect to particular dispositions.



E3.4.3.3.2.2.  The ASD(FM&P) shall be notified within

48 hours after action is taken approving or denying

a request for a loan, lease, or other use of equipment

or facilities for more than 60 days.



E3.4.3.4.  Requests for the use of equipment or facilities

outside the Continental United States (CONUS) other

than arms, ammunition, combat vehicles, vessels, and

aircraft shall be approved in accordance with procedures

established by the applicable Military Department or

Defense Agency.



E3.4.3.5.  Requests from Federal agencies for purchase

of equipment (permanent retention) that are accompanied

by appropriate funding documents may be submitted directly

to the Military Departments or Defense Agencies.   Requests

for transferring equipment to non-Federal agencies must

be processed under DoD Instruction 4160.23 (reference

(m)) or DoD Directive 4165.20 (reference (p)).



E3.4.3.6.  All requests, including those in which subordinate

authorities recommend denial, shall be submitted promptly

to the approving authority using the format and channels

established by the ASD(FM&P).   Requests will be forwarded

and processed according to the urgency of the situation.



E3.5.  FUNDING 



Funding requirements for assistance under this enclosure

shall be established under the guidance in enclosure

E5.



E4.  ENCLOSURE 4



RESTRICTIONS ON PARTICIPATION OF DoD



PERSONNEL IN CIVILIAN LAW ENFORCEMENT ACTIVITIES



E4.1.  STATUTORY REQUIREMENTS 



E4.1.1.  Posse Comitatus Act.    The primary restriction

on military participation in civilian law enforcement

activities is the Posse Comitatus Act (reference (v)),

which provides:



   



"Whoever, except in cases and under circumstances expressly

authorized by the Constitution or Act of Congress, willfully

uses any part of the Army or the Air Force as a posse

comitatus or otherwise to execute the laws shall be

fined not more than $10,000 or imprisoned not more than

two years or both."



E4.1.2.  Permissible direct assistance.    The following

activities are not restricted by reference (v).



E4.1.2.1.  Actions that are taken for the primary purpose

of furthering a military or foreign affairs function

of the United States, regardless of incidental benefits

to civilian authorities.   This provision must be used

with caution, and does not include actions taken for

the primary purpose of aiding civilian law enforcement

officials or otherwise serving as a subterfuge to avoid

the restrictions of reference (v).   Actions under this

provision may include the following, depending on the

nature of the DoD interest and the authority governing

the specific action in question:



E4.1.2.1.1.  Investigations and other actions related

to enforcement of the Uniform Code of Military Justice

(UCMJ) (reference (d)).



E4.1.2.1.2.  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 Directive

5525.7 (reference (w)) with respect to matters in which

the Departments of Defense and Justice both have an

interest.



E4.1.2.1.3.  Investigations and other actions related

to the commander's inherent authority to maintain law

and order on a military installation or facility.



E4.1.2.1.4.  Protection of classified military information

or equipment.



E4.1.2.1.5.  Protection of DoD personnel, DoD equipment,

and official guests of the Department of Defense.



E4.1.2.1.6.  Such other actions that are undertaken

primarily for a military or foreign affair's purpose.



E4.1.2.2.  Audits and investigations conducted by, under

the direction of, or at the request of IG, DoD, 5 U.S.C.,

Appendix 3, 8(g) (reference (x)), subject to applicable

limitations on direct participation in law enforcement

activities.



E4.1.2.3.  Actions that are taken under the inherent

right of the U.S. Government, a sovereign national entity

under the U.S. Constitution, to ensure the preservation

of public order and to carry out governmental operations

within its territorial limits, or otherwise in accordance

with applicable law, by force, if necessary.   This

authority is reserved for unusual circumstances, and

will be used only under DoD Directive 3025.12 (reference

(l)), which permits use of this power in two circumstances:



E4.1.2.3.1.  The emergency authority authorizes prompt

and vigorous Federal action, including use of military

forces, to prevent loss of life or wanton destruction

of property and to restore governmental functioning

and public order when sudden and unexpected civil disturbances,

disaster, or calamities seriously endanger life and

property and disrupt normal governmental functions to

such an extent that duly constituted local authorities

are unable to control the situation.



E4.1.2.3.2.  Protection of Federal property and functions

authorizes Federal action, including the use of military

forces, to protect Federal property and Federal Government

functions when the need for protection exists and duly

constituted local authorities are unable or decline

to provide adequate protection.



E4.1.2.4.  Actions taken pursuant to DoD responsibilities

under 10 U.S.C. 331-334 (reference (d)), relating

to the use of the military forces with respect to insurgency

or domestic violence or conspiracy that hinders the

execution of State or Federal law in specified circumstances.

  Actions under this authority are governed by DoD Directive

3025.12 (reference (l)).



E4.1.2.5.  Actions taken under express statutory authority

to assist officials in executing the laws, subject to

applicable limitations.   The laws that permit direct

military participation in civilian law enforcement,

include the following:



E4.1.2.5.1.  Protection of national parks and certain

other Federal lands.   See 16 U.S.C. 23, 78, and 593

(reference (y)).



E4.1.2.5.2.  Enforcement of the Fishery Conservation

and Management Act of 1976.   See 16 U.S.C. 1861(a)

(reference (y)).



E4.1.2.5.3.  Assistance in the case of crimes against

foreign officials, official guests of the United States,

and other internationally protected persons.   See 18

U.S.C. 112 and 1116 (reference (z)).



E4.1.2.5.4.  Assistance in the case of crimes against

members of Congress.   See 18 U.S.C. 351 (reference

(z)).



E4.1.2.5.5.5.  Assistance in the case of crimes involving

nuclear materials.   See 18 U.S.C. 831 (reference (z)).



E4.1.2.5.6.  Protection of the President, Vice President,

and other designated dignitaries.   See 18 U.S.C. 1751

and the Presidential Protection Assistance Act of 1976

(reference (z)).



E4.1.2.5.7.  Actions taken in support of the neutrality

laws.   See 22 U.S.C. 408 and 461-462 (reference (aa)).



E4.1.2.5.8.  Removal of persons unlawfully present on

Indian lands.  See 25 U.S.C. 180 (reference (bb)).



E4.1.2.5.9.  Execution of quarantine and certain health

laws.   See 42 U.S.C. 97 (reference (cc)).



E4.1.2.5.10.  Execution of certain warrants relating

to enforcement of specified civil rights laws.   See

42 U.S.C. 1989 (reference (cc)).



E4.1.2.5.11.  Removal of unlawful inclosures from public

lands.   See 43 U.S.C. 1065 (reference (dd)).



E4.1.2.5.12.  Protection of the rights of a discoverer

of a guano island.   See 48 U.S.C. 1418 (reference

(ee)).



E4.1.2.5.13.  Support of territorial governors if a

civil disorder occurs.   See 48 U.S.C. 1422 and 1591

(reference (ee)).



E4.1.2.5.14.  Actions in support of certain customs

laws.   See 50 U.S.C. 220 (reference (ff)).



E4.1.3.  Restrictions on Direct Assistance.    Except

as otherwise provided in this enclosure, the prohibition

on the use of military personnel "as a posse comitatus

or otherwise to execute the laws" prohibits the following

forms of direct assistance:



E4.1.3.1.  Interdiction of a vehicle, vessel, aircraft,

or other similar activity.



E4.1.3.2.  A search or seizure.



E4.1.3.3.  An arrest, apprehension, stop and frisk,

or similar activity.



E4.1.3.4.  Use of military personnel for surveillance

or pursuit of individuals, or as undercover agents,

informants, investigators, or interrogators.



E4.1.4.  Training 



E4.1.4.1.  The Military Departments and Defense Agencies

may provide training to Federal, State, and local civilian

law enforcement officials.   Such assistance may include

training in the operation and maintenance of equipment

made available under section E3.1. of enclosure E3.

  This does not permit large scale or elaborate training,

and does not permit regular or direct involvement of

military personnel in activities that are fundamentally

civilian law enforcement operations, except as otherwise

authorized in this enclosure.



E4.1.4.2.  Training of Federal, State, and local civilian

law enforcement officials shall be provided under the

following guidance:



E4.1.4.2.1.  This assistance shall be limited to situations

when the use of non-DoD personnel would be unfeasible

or impractical from a cost or time perspective and would

not otherwise compromise national security or military

preparedness concerns.



E4.1.4.2.2.  Such assistance may not involve DoD personnel

in a direct role in a law enforcement operation, except

as otherwise authorized by law.



E4.1.4.2.3.  Except as otherwise authorized by law,

the performance of such assistance by DoD personnel

shall be at a location where there is not a reasonable

likelihood of a law enforcement confrontation.



E4.1.5.  Expert Advice.    Military Departments and

Defense Agencies may provide expert advice to Federal,

State, or local law enforcement officials in accordance

with 10 U.S.C. 371-378 (reference (d)).   This does

not permit regular or direct involvement of military

personnel in activities that are fundamentally civilian

law enforcement operations, except as otherwise authorized

in this enclosure.



E4.1.6.  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 training of

non-DoD personnel would be unfeasible or impractical

from a cost or time perspective and would not otherwise

compromise national security or military preparedness

concerns.



E4.1.6.1.  In general, the head of the civilian law

enforcement agency may request a Military Department

or Defense Agency to provide DoD personnel to operate

or maintain or assist in operating or maintaining equipment

for the civilian agency.   This assistance shall be

subject to the following guidance:



E4.1.6.1.1.  Such assistance may not involve DoD personnel

in a direct role in a law enforcement operation (see

subsection E4.1.3., above), except as provided in paragraph

E4.1.6.3., below, or as otherwise authorized by law.



E4.1.6.1.2.  Except as otherwise authorized by law,

the performance of such assistance by DoD personnel

shall be at a location where there is not a reasonable

likelihood of a law enforcement confrontation.



E4.1.6.1.3.  The use of military aircraft to provide

point-to-point transportation and training flights for

civilian law enforcement officials may be provided only

in accordance with DoD 4515.13-R (reference (h)).



E4.1.6.2.  Additional provisions concerning drug, customs,

immigration, and certain other laws: a request under

this provision for DoD personnel to operate or maintain

or to assist in operating or maintaining equipment made

available under section E3.1. of enclosure E3. may be

made by the head of a civilian agency empowered to enforce

the following laws:



E4.1.6.2.1.  The Controlled Substances Act (reference

(gg)) or the Controlled Substances Import and Export

Act (reference (hh)).



E4.1.6.2.2.  Any of Sections 274 through 278 of the

Immigration and Nationality Act (reference (ii)).



E4.1.6.2.3.  A law relating to the arrival or departure

of merchandise, as defined in Section 1401 of the Tariff

Act of 1930 (reference (jj)), into or out of the Customs

territory of the United States, as defined in the Tariff

Schedules of the United States, (reference (jj)) or

any other territory or possession of the United States;

or



E4.1.6.2.4.  Any other law that establishes authority

for DoD personnel to provide direct assistance to civilian

law enforcement officials.   In addition to the assistance

authorized under this paragraph, the following assistance

may be provided:



E4.1.6.2.4.1.  DoD personnel may be assigned to operate

or assist in operating equipment to the extent the equipment

is used for monitoring and communicating to civilian

law enforcement officials the movement of air and sea

traffic with respect to any criminal violation of the

laws specified in paragraph E4.1.2.5., above.   This

includes communicating information concerning the relative

position of civilian law enforcement officials and other

air and sea traffic.



E4.1.6.2.4.2.  In an emergency circumstance, equipment

operated by or with the assistance of DoD personnel

may be used outside the land area of the United States

(or any Commonwealth, territory, or possession of the

United States) as a base of operations by Federal law

enforcement officials to facilitate the enforcement

of a law in subparagraph E4.1.2.3.1., above, and to

transport such law enforcement officials in connection

with such operations, subject to the following limitations:



E4.1.6.2.4.2.1.  Equipment operated by or with the assistance

of DoD personnel may not be used to interdict or interrupt

the passage of vessels or aircraft, except when DoD

personnel are otherwise authorized to take such action

with respect to a civilian law enforcement operation.



E4.1.6.2.4.2.2.  There must be a joint determination

by the Secretary of Defense and the Attorney General

that an emergency circumstance exists under 10 U.S.C.

374(c) (2) (reference (d)).   An emergency circumstance

may be determined to exist for purposes of this subparagraph

only when the size and scope of the suspected criminal

activity in a given situation poses a serious threat

to the interests of the United States; and enforcement

of laws in paragraph E4.1.2.5., above, would be impaired

seriously if the assistance described in this subparagraph

were not provided.



E4.1.6.2.4.3.  The emergency authority in this subparagraph

may be used only with respect to large scale criminal

activity at a particular point in time or over a fixed

period.   It does not permit use of this authority on

a routine or extended basis.



E4.1.6.2.4.4.  Nothing in this subparagraph restricts

the authority of military personnel to take immediate

action to save life or property or to protect a Federal

function as provided in paragraph E4.1.2.2., above.



E4.1.6.3.  When DoD personnel are otherwise assigned

to provide assistance with respect to the laws specified

in paragraph E4.1.2.5., above, the participation of

such personnel shall be consistent with the limitations

in such laws, if any, and such restrictions as may be

established by the Secretary of Defense, the ASD(FM&P),

or the Secretaries of the Military Departments and the

Directors of the Defense Agencies concerned.



E4.1.7.  Other Permissible Assistance.    The following

forms of indirect assistance are not restricted by the

Posse Comitatus Act (reference (d)) (see enclosure E3.):



E4.1.7.1.  Transfer of information acquired in the normal

course of military operations.   See enclosure E2.



E4.1.7.2.  Such other actions, approved in accordance

with procedures established by the Secretaries of the

Military Departments and the directors of the Defense

Agencies concerned, that do not subject civilians to

use military power that is regulatory, prescriptive,

or compulsory.



E4.2.  EXCEPTIONS BASED ON STATUS 



The restrictions in section E4.1., above, do not apply

to the following persons:



E4.2.1.  A member of a Reserve component when not on

active duty, active duty for training, or inactive duty

for training.



E4.2.2.  A member of the National Guard when not in

the Federal Service.



E4.2.3.  A civilian employee of the Department of Defense.

  If the civilian employee is under the direct command

and control of a military officer, assistance will not

be provided unless it would be permitted under section

E4.3., below.



E4.2.4.  A member of a Military Service when off duty,

and in a private capacity.   A member is not acting

in a private capacity when assistance to law enforcement

officials is rendered under the direction or control

of DoD authorities.



E4.3.  EXCEPTIONS BASED ON MILITARY SERVICE 



DoD guidance on the Posse Comitatus Act (reference (v)),

as stated in enclosure E3., is applicable to the Department

of the Navy and the Marine Corps as a matter of DoD

policy, with such exceptions as may be provided by the

Secretary of the Navy on a case-by-case basis.



E4.3.1.  Such exceptions shall include requests from

the Attorney General for assistance under 21 U.S.C.

873(b) (reference (kk)).



E4.3.2.  Prior approval from the Secretary of Defense

shall be obtained for exceptions that are likely to

involve participation by members of the Navy or Marine

Corps in an interdiction of a vessel or aircraft, a

law enforcement search or seizure, an arrest, apprehension,

or other activity that is likely to subject civilians

to use military power that is regulatory, prescriptive,

or compulsory.   Such approval may be granted only when

the head of the civilian agency concerned verifies that:



E4.3.2.1.  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 impaired

seriously if the assistance were not provided because

civilian assets are not available to perform the missions;

or



E4.3.2.2.  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.



E4.4.  MILITARY PREPAREDNESS 



Assistance may not be provided under this enclosure

if such assistance could adversely affect national security

or military preparedness.   The implementing documents

issued by the Secretaries of the Military Departments

and the Directors of the Defense Agencies shall ensure

that approval for the disposition of equipment is vested

in officials who can assess the impact of such disposition

on national security and military preparedness.



E4.5.  APPROVAL AUTHORITY 



Requests by civilian law enforcement officials for use

of DoD personnel in civilian law enforcement functions

shall be forwarded to the appropriate approval authority

under the guidance in this section.



E4.5.1.  The use of DoD personnel in civil disturbances

and related matters is governed by DoD Directive 3025.12

(reference (l)), which includes the approval authorities.



E4.5.2.  Approval authority for assistance to the government

of the District of Columbia is governed by DoD Directive

5030.46 (reference (u)).



E4.5.3.  The following governs approval for assistance

to civilian law enforcement officials in other circumstances.



E4.5.3.1.  The Secretary of Defense is the approval

authority for requests that involve assignment of 50

or more DoD personnel or a period of assignment of more

than 30 days.



E4.5.3.2.  The Secretaries of the Military Departments

and Directors of Defense Agencies may approve the following

types of assistance, except as provided in E4.5.3.1.,

above:



E4.5.3.2.1.  Use of DoD personnel to provide training

or expert advice in accordance with subsections E4.1.4.

and E4.1.5., above.



E4.5.3.2.2.  Use of DoD personnel for equipment maintenance

in accordance with subparagraph E4.1.6.2.1., above.



E4.5.3.2.3.  Use of DoD personnel to monitor and communicate

the movement of air and sea traffic in accordance with

subparagraph E4.1.6.2.1., above.



E4.5.3.3.  The ASD(FM&P) is the approval authority for

other requests for assignment of personnel.   This authority

may be delegated to the Secretaries of the Military

Departments and the Directors of the Defense Agencies

with respect to specific categories of assistance.



E4.5.3.4.  Requests that involve DoD intelligence components

are subject to the limitations in DoD Directive 5240.1

(reference (b)) and DoD 5240.1-R (reference (f)), and

are subject to approval by the Secretary of Defense.



E4.5.3.5.  The views of JCS shall be obtained on all

requests that are considered by the Secretary of Defense

or the ASD(FM&P) or that otherwise involve personnel

assigned to a Unified or Specified Command.



E4.5.3.6.  The view of the ASD(RA) shall be obtained

on all requests that are to be considered by the Secretary

of Defense or the ASD(FM&P) that involve Reserve component

personnel or equipment.



E4.5.3.7.  All requests, including those in which subordinate

authorities recommend denial, shall be submitted promptly

to the approving authority using the format and channels

established by the ASD(FM&P).   Requests will be forwarded

and processed according to priority.



E4.6.  FUNDING 



Funding requirements for assistance under this enclosure

shall be established by the ASD(FM&P) under the guidance

in enclosure E5.



E5.  ENCLOSURE 5



FUNDING



E5.1.  ESTABLISHMENT OF GUIDANCE 



Funding requirements and related reporting procedures

shall be established by the ASD(FM&P), after consultation

with the Assistant Secretary of Defense (Comptroller)

(ASD(C)), subject to the guidance of this enclosure.



E5.2.  PROCEDURAL REQUIREMENTS 



E5.2.1.  As a general matter, reimbursement is required

when equipment or services are provided to agencies

outside the Department of Defense.   The primary sources

of law for reimbursement requirements are the Economy

Act (reference (i)) for Federal agencies and the Leasing

Statute, 10 U.S.C. 2667 (reference (d)).   Other statutes

may apply to particular types of assistance.   (See

section E3.1. of enclosure E3.)



E5.2.2.  If reimbursement is not required by law for

a particular form of assistance, the authority to waive

reimbursement is delegated to the ASD(FM&P).   The ASD(FM&P)

may delegate to the Secretaries of the Military Departments

and the Directors of the Defense Agencies (or designees)

the authority to waive reimbursement on matters within

their approval authority.   See 10 U.S.C. 377 (reference

(d)).   The dollar value of a waiver shall be determined

in accordance with Chapter 26 of DoD 7220.9-M (reference

(ll)).   A request for waiver may be granted if reimbursement

is not otherwise required by law and:



E5.2.2.1.  Is provided as an incidental aspect of the

activity that is conducted for military purposes.



E5.2.2.2.  Involves the use of DoD personnel in an activity

that provides DoD training operational benefits that

are substantially equivalent to the benefit of DoD training

or operations.



E5.2.3.  The Secretary of the Military Department or

the Director of the Defense Agency (or his or her designees)

may request the views of the Joint Chiefs of Staff when

acting on a request for waiver of reimbursement when

such waiver may adversely affect military preparedness.



E5.2.4.  In evaluating requests for waiver of reimbursement,

consideration shall be given to the budgetary resources

available to civilian law enforcement agencies.



E5.3.  MILITARY PREPAREDNESS 



Reimbursement may not be waived if deletion of such

funds from a DoD account could adversely affect the

national security or military preparedness of the United

States.



E6.  ENCLOSURE 6



Sample Format for Preparing, "Report on Support



to Civilian Law Enforcement (RCS DD-FM&P (Q) 1595)"



  



The quarterly report shall contain the following information

for each request considered:



1.  Number and type of assistance requested.



a.  Facilities.



b.  Information.



c.  Equipment.



(1)  Aircraft



(2)  Vehicles



(3)  Vessels



(4)  Special (night vision goggles, weapons, etc.)



(5)  Miscellaneous



d.  Aviation Mission Support.



(1)  Surveillance



(2)  Identification aircraft support



(3)  Logistics



(4)  Miscellaneous



e.  Surface Mission Support.



(1)  Surveillance



(2)  Ship services (towing, tactical law enforcement

teams TACLETs, etc.)



(3)  Logistics



(4)  Miscellaneous



f.  Ground-based Mission Support.



(1)  Radar/Sensor Surveillance



(2)  Aerostats



(3)  Transportation of law enforcement personnel



(4)  Border air and ground surveillance



(5)  Logistics



(6)  Miscellaneous



g.  Explosive Ordnance Disposal.



h.  Training provided to law enforcement agencies.



i.  Personnel.



j.  Other support not specifically addressed.



2.  The length of time for which assistance is requested,

if appropriate (if the request is for information or

support for a brief time, enter "NA").



3.  Status of the requests:



a.  Number approved.



b.  Number denied.



c.  Number pending.



4.  A brief discussion of the reason for any denial.



5.  Manhours/mandays expended to support law enforcement

agencies.



E7.  ENCLOSURE 7



AVIATION ASSISTANCE TO LAW ENFORCEMENT AGENCIES



(Sample Format)



Surveillance



 Detections 



  



Aircraft



Region State



  



Sorties



Flight Hours



  



Gained



Passed to LEA's



  



Remarks



E-2C



Pacific



18



76



10A



9



No CS support available



E-2C



Atlantic



23



88



13A



10



CHET successful intercept of one acft. Flown by Reserves.



P-3C



Atlantic



103



712



32S



28S



CG seized 3 vessels.



Identification



  



Aircraft



Region



State                    



  



Sorties



Flight Hours



Visual/IRDS Attempts



Detections Successful



  



Remarks



OV-10



New Mexico



17



35



3A



1



Handover to USCS, 1200# Marijuana seized.



Logistics/Miscellaneous Support



  



Aircraft



Region



State



  



Sorties



Flight



Hours



  



Remarks



UH-IN



Bahamas



332



299



Bahamas police seized 12,200# marijuana, 2000# cocaine.



RF-4C



Texas



4



7



Reconnaissance of remote airfields



Abbreviation Key:



A - Airborne



Acft- Aircraft



S - Surface



L - Land



C S - U.S. Customs Service



CG - U.S. Coast Guard



D - DEA



SS - Secret Service



Res - Reserve



ANG - Air Nat'l Guard



ARNG - Army Nat'l Guard



LEA - Law Enforcement Agency



CHET - Customs High Endurance Tracker (aircraft)



IRDS - Infrared Detection System



Attachments - 1



1.  Aid for Completing Aviation Assistance Portion of

Quarterly Report 7-1.



E7.A1.  ENCLOSURE 7, ATTACHMENT 1



AID FOR COMPLETING AVIATION ASSISTANCE PORTION OF QUARTERLY

REPORT



Aviation assistance is the largest area of DoD support

to law enforcement agencies.   This section is used

to report to DoD the Services' aviation assistance.

  The following is an aid to complete this section.



Acft



-



Aircraft," if flown by other than active duty units,

indicate in the "Remarks" column (e.g., Res, ANG, ARNG).



Region State



-



Where sorties were flown.   (e.g., Pacific, Caribbean,

GA, TX, Bahamas, etc.).



Sorties



-



Number of flights flown by the platform aircraft during

the quarter.



Flt Hrs.



-



Number of flight hours flown by the aircraft during

the quarter.



Detections



-



Number of "raw data" detections against suspect air

Gained or surface vessels.



Detections Gained



-



The number of detections passed to law enforcement agency

for possible investigation.



Remarks



-



Used for comments to specify sorties flown by Reserve,

ARG, ARNG units; amplify support contributing to known

law enforcement success or failure, etc. 



Visual/IRDS



-



Applies to visual or infrared detection to identify

suspect vessel.



Identification



-



Aircraft (e.g., OV-10, OV-1) used to identify suspect

aircraft prior to handover   To the U.S. Customs Service

tracker/interceptor aircraft.