View Rule

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.  Although civilian law enforcement agencies may request support from DoD, this part does not grant a benefit that is not already provided for in statute, nor does it limit DoD assistance to civilian law enforcement agencies in a way that is inconsistent with statute. 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. 182.6 (a) describes in detail what assistance the Department of Defense may and may not provide civilian law enforcement agencies. The rule is internal or restates what is already in statute; therefore, DoD will repeal this part.  No cost savings have been identified.