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DOD/OS | RIN: 0790-AK04 | Publication ID: Fall 2017 |
Title: ●Defense Support of Civilian Law Enforcement Agencies | |
Abstract:
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 two 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. DoD internal guidance concerning defense support of civilian law enforcement agencies will continue to be published in DoD Instruction 3025.21, Defense Support of Civilian Law Enforcement Agencies” available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302521p.pdf. No cost savings have been identified. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Other | |
CFR Citation: 32 CFR 182 | |
Legal Authority: 10 U.S.C. 113 10 U.S.C. 331 to 334 10 U.S.C. 371 to 382 10 U.S.C. 2576 10 U.S.C. 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 and 461 to 462 25 U.S.C. 180 31 U.S.C. 1535 42 U.S.C. 97, 1989, and 5121 to 5207 50 U.S.C. 1621 and 1622 Pub. L. 94-524 ... |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: James (Coach) Ross DSCA Response Branch Chief, OUSD Policy Department of Defense Office of the Secretary 2000 Defense Pentagon, Washington, DC 20301-2000 Phone:571 256-8325 Email: james.c.ross.civ@mail.mil |