Carrying of Firearms and Use of Force for Law Enforcement, Security, Counterintelligence, and Protective Services, 76889-76893 [2015-31194]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Proposed Rules]
[Pages 76889-76893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31194]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 632

[Docket No. USA-2015-0013]
RIN 0702-AA68


Carrying of Firearms and Use of Force for Law Enforcement, 
Security, Counterintelligence, and Protective Services

AGENCY: Department of the Army (DA), Department of Defense (DoD).

ACTION: Proposed rule.

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SUMMARY: The DA proposes to revise its regulation concerning the 
carrying of firearms and use of force for law enforcement, security, 
counterintelligence, and protective services on DoD installations 
worldwide. It establishes uniform policy for the use of force by law 
enforcement and security personnel.

DATES: Consideration will be given to all comments received by: 
February 9, 2016.

ADDRESSES: You may submit comments, identified by 32 CFR part 632, 
Docket No. USA-2015-0013 and or RIN 0702-AA68, by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. John Hargitt, (703) 424-3309.

SUPPLEMENTARY INFORMATION: This rulemaking proposes to revise a current 
Army regulation which was published in the Federal Register on April 
21, 1983 (48 FR 17074). The proposed revisions cover carrying firearms 
and the use of force by DoD personnel law enforcement, security (DoD 
and contractor), counterintelligence, and protective services. This 
proposed rule also fully implements applicable portions of Department 
of Defense Directive (DoDD) 5210.56, https://www.dtic.mil/whs/directives/corres/pdf/521056p.pdf, which authorizes civilian officers 
and employees of the Department of Defense to carry firearms or other 
appropriate weapons while assigned investigative duties or such other 
duties as the Secretary of Defense may prescribe, under regulations to 
be prescribed by the Secretary.

I. Legal Authorities Discussed in the Rule

    The proposed revisions add to the CFR the following authorities.
    10 U.S.C. 807--Article 7, Apprehension. This article specifically 
covers the authority for apprehension or taking of a person into 
custody.
    50 U.S.C. Section 797, Penalty for violation of security 
regulations and orders. This section covers fines and penalties that a 
person is subject to if they willfully violate a defense property 
security regulation that has been promulgated or approved by the 
Secretary of Defense or by a military commander designated by the 
Secretary of Defense or by a military officer, or a civilian officer or 
employee of the Department of Defense, holding a senior Department of 
Defense director position designated by the Secretary of Defense for 
the protection or security of Department of Defense property.
    18 U.S.C. Section 3261, Criminal offenses committed by certain 
members of the Armed Forces and by persons employed by or accompanying 
the Armed Forces outside the United States. Whoever engages in conduct 
outside the United States that would constitute an offense punishable 
by imprisonment if the conduct had been engaged in within the 
territorial jurisdiction of the United States while employed by or 
accompanying the Armed Forces outside the United States; or while a 
member of the Armed Forces subject to the Uniform Code of Military 
Justice.

II. Summary of Changes Since the Last Revisions to This Rule

    These revisions do not propose significant changes to the policy 
and applicability sections of the current rule. The use of force 
section has been updated to ensure that the level of force is 
reasonable in intensity, duration and magnitude and, based upon the 
level of effort required to counter a threat. There is no requirement 
to delay force or sequentially increase the level of force to resolve a 
situation or threat. DoD personnel will warn persons and give the 
opportunity to withdraw or cease threatening actions when the situation 
or circumstances permit. Additionally, this proposed rule updates the 
levels of force to include less-lethal force and presentation of deadly 
force.
    The revisions to the deadly force section state that personnel will 
not be permitted to perform law enforcement or security duties 
requiring the use of weapons until they have received instruction on 
applicable regulations for the use of deadly force. Additionally, it 
requires personnel receive annual refresher training to maintain 
familiarity with restrictions on the use of deadly force. Deadly force 
is justified only under conditions of extreme necessity and as a last 
resort when all lesser means have failed or cannot reasonably be 
employed.
    The revisions also propose a new less-lethal force section and 
updates additional options available to law enforcement and 
correctional or security guards. The current rule only defines the 
chemical aerosol irritant projectors and MP clubs. The updated section 
includes the launched electrode stun device (LESD), oleoresin capsicum 
spray (M39 Individual Riot Control Agent Dispenser (IRCAD)) and the 
expandable or straight baton. Department of the Army personnel may 
employ less-lethal force with the reasonable amount of force necessary 
to detain or effect a lawful arrest or apprehension of a resisting 
subject, or to otherwise accomplish the lawful performance of assigned 
duties. This section also discusses required training and performance 
measures to subdue a subject.

III. Cost and Benefits

    This proposed rule will not have a monetary effect upon the public 
since it only facilitates information sharing between authorized law 
enforcement agencies to enhance protection of personnel and resources 
critical to DoD mission assurance. These efforts allow

[[Page 76890]]

the efficient deployment of police and security forces proactively to 
deter, prevent and mitigate losses due to criminal behaviors.

B. Retrospective Review

    This proposed rule is part of DoD's retrospective plan, completed 
in August 2011, under Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' DoD's full plan and updates can be accessed at: 
https://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036.

C. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the proposed rule does not have 
a significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

D. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the rule does not include a 
mandate that may result in estimated costs to State, local or tribal 
governments in the aggregate, or the private sector, of $100 million or 
more.

E. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the proposed rule does 
not have an adverse impact on the environment.

F. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act doesn't apply. There is no additional burden for 
collection of information from the public or the addition of additional 
government forms associated with this rulemaking. Information collected 
to support this proposed rule is that information normally collected in 
the performance of law and order across the United States. Procedures 
and business processes outlined in this rule provide uniform policy 
concerning firearms, procedures for use of force, deadly force and 
less-lethal force, reporting efforts including the reduction of 
information collection burdens on the public and the improvement of law 
enforcement service delivery while maintaining privacy, confidentiality 
and information systems protections.

G. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the proposed rule does not impair private 
property rights.

H. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been designated a ``significant 
regulatory action,'' although not economically significant, under 
section 3(f) of Executive Order 12866. Accordingly, the proposed rule 
has been reviewed by the Office of Management and Budget (OMB).

I. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045. This proposed rule does not 
apply since it does not implement or require actions impacting 
environmental health or safety risks to children.

J. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this proposed rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among various levels of 
government.

Thomas S. Blair,
Chief, Law Enforcement Policy Branch, Office of the Provost Marshal 
General.

List of Subjects in 32 CFR Part 632

    Deadly force, Expandable or straight baton, Firearms policy, 
Jurisdiction and authority, Launched electrode stun device, Less-lethal 
force, Oleoresin capsicum (OC) spray, Procedures for use of force.

    For reasons stated in the preamble the Department of the Army 
proposes to revise 32 CFR part 632 to read as follows:

PART 632--CARRYING OF FIREARMS AND USE OF FORCE FOR LAW 
ENFORCEMENT, SECURITY, COUNTERINTELLIGENCE, AND PROTECTIVE SERVICES

Subpart A--Introduction
Sec.
632.1 Purpose.
632.2 Applicability.
632.3 Firearms policy.
Subpart B--Use of Force
632.4 Procedures for use of force.
632.5 Deadly force.
Subpart C--Less-Lethal Force
632.6 Less-lethal force.
632.7 Launched electrode stun device.
632.8 Oleoresin capsicum (OC) spray.
632.9 Expandable or straight baton.
632.10 Jurisdiction and authority.

    Authority:  10 U.S.C. 807; 50 U.S.C. 797; 18 U.S.C. 3261.

Subpart A--Introduction


Sec.  632.1  Purpose.

    This part prescribes policies and procedures for authorizing, 
carrying, and using firearms in connection with law enforcement, 
security, counterintelligence, and protective service duties. It 
establishes uniform policy for the use of force by law enforcement and 
security personnel.


Sec.  632.2  Applicability.

    This part applies to the active Army, the U.S. Army Reserve, the 
Department of the Army civilian police and security guard activities, 
contracted or contractor security force operations and activities, and 
the Army National Guard only when called or ordered to active duty in a 
Federal status under the provisions of the title 10, United States 
Code. It applies to contracted or contractor security force operations 
and activities when those forces operate under Federal jurisdiction and 
are not subject to State or host nation law. The provisions of this 
part do not apply to military personnel engaged in military operations 
subject to rules of engagement or to Department of Defense personnel in 
an overseas location not under the authority of, or subject to, the 
control of a U.S. military commander. Portions of this regulation that 
proscribe specific conduct are punitive, and violations of these 
provisions may subject offenders to nonjudical or

[[Page 76891]]

judicial action under the Uniform Code of Military Justice.


Sec.  632.3  Firearms policy.

    (a) DA personnel engaged in law enforcement, law and order, 
security, or counterintelligence investigations, including Army 
civilian police and security guards, both DA employee and contractor, 
who are authorized to be armed under this part will be appropriately 
armed and have the inherent right to self-defense.
    (b) Authorization to carry a firearm includes the authority for the 
firearm to be loaded with ammunition. A firearm will be considered 
loaded when a magazine containing ammunition is placed in the firearm 
and a round of ammunition is placed in the chamber of the firearm.
    (c) Arming of DA personnel will be limited and controlled. 
Qualified personnel engaged in the activities described in Sec.  
632.3(a) will be armed when required for assigned duties and there is a 
reasonable expectation that installations, property, or lives will be 
jeopardized if those personnel are not armed. The decision to arm DA 
personnel will be made after considering the possible consequences of 
accidental or indiscriminate use of the arms. The overriding factors to 
be considered in determining whether to arm DA personnel are the 
mission and threat. Arming those not regularly engaged in or directly 
supervising security or law enforcement activities will be limited to 
missions or threats and the immediate need to protect lives and DA 
assets.
    (d) Screening pursuant to the Gun Control Act, to include the 
Lautenberg Amendment, will be accomplished without fail prior to 
authorizing any person to carry a firearm.
    (e) DA personnel will only use the amount of force, including less-
lethal force and deadly force, reasonably necessary to carry out their 
duties.

Subpart B--Use of Force


Sec.  632.4  Procedures for use of force.

    (a) DA military and civilian personnel engaged in law enforcement 
or security duties will be highly trained and proficient in both the 
understanding and the application of the use of force. In such cases 
where the use of force is warranted, DA personnel will use the 
necessary and reasonable amount of force needed to reach their 
objective. Only as a last resort will deadly force be used and only as 
described in this part.
    (b) When the use of force is required, less-lethal force may be 
used to control a situation, provide defense of DoD forces, provide 
defense of non-DoD persons in the vicinity if directly related to the 
assigned mission, or in defense of the protected property, when doing 
so is reasonable under the circumstances. The use of force must be 
reasonable in intensity, duration, and magnitude, based upon the 
totality of the circumstances to counter a threat. There is no 
requirement to delay force or sequentially increase force to resolve a 
situation or threat. DoD personnel will warn persons and give the 
opportunity to withdraw or cease threatening actions when the situation 
or circumstances permit. After consultation with the servicing judge 
advocate or legal advisor, conduct the appropriate level of inquiry in 
accordance with AR 15-6 for all incidents involving law enforcement 
personnel's application of physical force in the line of duty. The 
completed inquiry will be filed as an enclosure within the Law 
Enforcement Report (LER).
    (c) Commanders are mandated to augment firearms with DoD- or DA-
approved nonlethal weapons and devices for performing law enforcement 
and security duties. For the purpose of this part (in accordance with 
DoDD 5210.56), and in the context of use of force, the term less-lethal 
force is used as there is no guarantee that non-lethal weapons (NLWs) 
will not cause severe injury or death. Less-lethal force can cause 
severe injury or death. DA personnel using NLW, as well as the party 
against which the tactic is used, will receive appropriate medical care 
if injured as a result of the use of less-lethal force.
    (d) In evaluating the degree of force required for a specific 
situation, the following options will be considered. There is no need 
to proceed sequentially to increase force to resolve a situation or 
threat. Suggested methods of de-escalation of force to try should the 
circumstances permit (subject to host nation or local restrictions) 
are:
    (1) Verbal persuasion.
    (2) Unarmed defense techniques.
    (3) Less-lethal weapons and/or devices (for example, oleoresin 
capsicum spray, launched electrode stun device, and baton).
    (4) Military working dog (if available).
    (5) Presentation of deadly force capability.
    (6) Deadly force.


Sec.  632.5  Deadly force.

    (a) Principles defined in this part on the use of deadly force with 
firearms will be applied equally to personnel using a weapon or 
equipment which, when properly employed in their intended use, would 
produce deadly force.
    (b) The Secretary of the Army, Army commanders, or their designees 
may impose further restrictions on the use of deadly force if deemed 
necessary in their judgment and if such restrictions would not unduly 
compromise the national security interests of the United States.
    (c) Personnel will not be permitted to perform law enforcement or 
security duties requiring the use of weapons until they have received 
instruction on applicable regulations for the use of deadly force in 
the performance of such duties. Additionally, annual refresher training 
will be given to all personnel assigned to those duties to ensure that 
they continue to be thoroughly familiar with all restrictions on the 
use of deadly force.
    (d) Personnel carrying weapons for personal protection will have 
the necessary training on deadly force commensurate with that 
prescribed by this part.
    (e) For contract security forces, the applicable contract will 
specify that the use of deadly force criteria will be established 
consistent with this part and local law.
    (f) Deadly force is justified only under conditions of extreme 
necessity and as a last resort when all lesser means have failed or 
cannot reasonably be employed. Deadly force is justified under one or 
more of the following circumstances:
    (1) Self-defense and defense of others. When deadly force 
reasonably appears to be necessary to protect any person who is 
reasonably believed to be in imminent danger of death or serious bodily 
harm.
    (2) Assets involving national security. When deadly force 
reasonably appears necessary to prevent the actual theft or sabotage of 
assets vital to national security. DoD assets will be specifically 
designated as ``vital to national security'' only when their loss, 
damage, or compromise would seriously jeopardize the fulfillment of a 
national defense mission. Examples include nuclear weapons; nuclear 
command, control, and communications facilities; and designated 
restricted areas containing strategic operational assets, sensitive 
codes, or special access programs.
    (3) Assets not involving national security but inherently dangerous 
to others. When deadly force reasonably appears to be necessary to 
prevent the actual theft or sabotage of resources, such as operable 
weapons or ammunition, that are inherently dangerous to others; such as 
assets that,

[[Page 76892]]

in the hands of an unauthorized individual, present a substantial 
potential danger of death or serious bodily harm to others. Examples 
include high risk portable and lethal missiles, rockets, arms, 
ammunition, explosives, chemical agents, and special nuclear material.
    (4) Serious offenses against persons. When deadly force reasonably 
appears necessary to prevent the commission of kidnapping, sexual 
assault, or any offense involving or threatening death or serious 
bodily harm.
    (5) Arrest or apprehension. When deadly force reasonably appears to 
be necessary to arrest, apprehend, or prevent the escape of a person 
who, there is probable cause to believe, has committed an offense of 
the nature specified in paragraphs Sec.  632.5(f)(2) through (4).
    (6) Escapes. When deadly force has been specifically authorized by 
the Secretary of the Army and reasonably appears to be necessary to 
prevent the escape of a prisoner, provided law enforcement or security 
personnel have probable cause to believe that the escaping prisoner 
poses a threat of serious bodily harm either to security personnel or 
others.
    (g) Additional requirements for the use of firearms.
    (1) When the situation permits, an order of ``halt'' will be given.
    (2) Warning shots are prohibited.
    (3) When a firearm is discharged, it will be fired with the intent 
of rendering the person(s) at whom it is discharged incapable of 
continuing the activity or course of behavior prompting the individual 
to shoot.
    (4) Shots will be fired only with due regard for the safety of 
innocent bystanders.
    (5) In case of holstered weapons, a weapon should only be removed 
from the holster when a potential need to use deadly force is 
reasonably anticipated or display of the weapon may avoid the need to 
use deadly force.
    (h) Commanders of ACOMs, ASCCs, and DRUs may establish additional 
considerations in implementing procedures over the use of firearms.

Subpart C--Less-Lethal Force


Sec.  632.6  Less-lethal force.

    (a) DoDD 3000.03E establishes DoD policy for the development and 
employment of NLWs. DA personnel (Army Law Enforcement Officer (ALEO), 
correctional or security guards) may employ less-lethal force with the 
reasonable amount of force necessary under the circumstances to detain 
or effect a lawful arrest or apprehension of a resisting subject, or to 
otherwise accomplish the lawful performance of assigned duties as 
described in Sec.  632.6(c)(1) through (9). In the context of use of 
force, this part uses the term ``less-lethal'' force in lieu of 
``nonlethal'' because there is no guarantee that properly employed 
``less-lethal'' force will not inadvertently cause severe injury or 
death. Employment of less-lethal force may include the use of NLW.
    (b) DA personnel using NLW during the employment of less-lethal 
force, as well as the party against which the tactic is used, will 
receive appropriate medical care if injured as a result of the NLW.
    (c) Less-lethal force may be used under the following 
circumstances:
    (1) Against persons assaulting other persons or themselves in order 
to prevent injury and/or continuation of the assault when lesser means 
of force have failed or are not considered a viable option by the ALEO.
    (2) Against persons offering physical resistance to lawful arrest 
or apprehension when alternatives to the use of force have failed or 
are not considered a viable option by the ALEO.
    (3) Against persons passively resisting a lawful, full-custody 
arrest or apprehension when alternatives to the use of force have 
failed or are not considered a viable option by the ALEO.
    (4) To prevent the escape of a prisoner.
    (5) To prevent the destruction of DoD property.
    (6) Against animals menacing or attacking a person or themselves.
    (7) To quell a major or minor disturbance within a correctional 
facility.
    (8) To quell a riot or civil disobedience.
    (9) To move or incapacitate an unruly prisoner.


Sec.  632.7  Launched electrode stun device.

    (a) A launched electrode stun device (LESD) is an Electronic 
Control Device (ECD) that is used to temporarily incapacitate a non-
compliant subject with an electrical stimulus delivered by direct 
contact or propelled probes. This electrical stimulus affects the 
sensory and motor functions of the central nervous system interrupting 
voluntary control of skeletal muscles and causing immediate, 
involuntary muscle contractions. The intended effect is neuromuscular 
incapacitation to ensure compliance by the non-compliant subject. An 
LESD is intended to minimize injury to law enforcement or security 
personnel, non-compliant subjects, and innocent bystanders. The timely 
and appropriate use of an LESD can de-escalate situations quickly and 
before conditions lead to increased escalation of force. Special Text 
(ST) 19-LESM, task 191-389-0057, outlines performance measures to 
subdue a subject using an LESD.
    (b) An LESD is employed as a NLW capability and is not intended to 
replace firearms or lesser means of force. An LESD may be used when all 
of the following conditions are met:
    (1) When one of the circumstances in Sec.  632.6(c)(1) through (9) 
is present; and
    (2) When lesser means of force options have been, or likely will 
be, ineffective; and
    (3) When there is a reasonable expectation that it will be unsafe 
for law enforcement personnel to approach within physical contact range 
of the subject; and
    (4) When law enforcement or security personnel determine that 
deadly force is not justified or not necessary.
    (c) Before employing an LESD, law enforcement or security personnel 
must assess how effective it will be in their given situation. The 
decision to use an LESD will depend upon the totality of the 
circumstances, including but not limited to the level of resistance of 
the subject, the nature of the threat to the officer or others, the 
severity of the subject's suspected crime, and the overall hostility of 
the situation. After employing an LESD, law enforcement or security 
personnel must determine whether further employment is warranted based 
on the continuing presence of the conditions in paragraph Sec.  
632.7(b) and based on the totality of the circumstances described in 
this paragraph.
    (d) An LESD is not a substitute for deadly force and should not be 
used in situations where deadly force is necessary.
    (e) Prior to employing an LESD, law enforcement, correctional or 
security personnel will give a verbal warning and verbal commands to a 
resisting subject, when and if the situation permits. Verbal warnings 
and commands are not necessary if the threat to law enforcement 
personnel or to the safety of others dictates immediate action.
    (f) The use of an LESD may eliminate the need for hands-on active 
countermeasures. Law enforcement, correctional or security personnel 
may utilize empty hand tactics prior to employing an LESD as the 
situation dictates. However, law enforcement, correctional, or security 
personnel are not required to attempt empty hand control tactics if 
they believe those

[[Page 76893]]

tactics would be dangerous or ineffective.
    (g) Notwithstanding Sec.  632.7(b), an LESD will not be used:
    (1) When it is known that the subject has come into contact with 
flammable liquids or is in a flammable environment; or
    (2) When the subject is in a position where falling may cause 
significant injury or death; or
    (3) As a punitive measure to coerce an uncooperative subject; or
    (4) To awaken an unconscious subject (e.g., due to intoxication).
    (h) Notwithstanding Sec.  632.7(b), an LESD should not be used in 
the following circumstances unless absolutely necessary:
    (1) On a subject operating a motor vehicle; or
    (2) On a subject gripping a firearm; or
    (3) On women known or suspected to be pregnant; or
    (4) On persons perceived to be 60 years of age or older, or 
disabled; or
    (5) On persons perceived to be children 14 years of age or younger.
    (i) Post-employment responsibilities. (1) Law enforcement, 
correctional or security personnel must seek medical treatment or 
clearance from medical personnel prior to further law enforcement 
processing after employing an LESD on a non-compliant subject.
    (2) If requested by the subject, law enforcement, correctional or 
security personnel must ensure that medical treatment is provided after 
an LESD has been employed, regardless of the subject's apparent medical 
condition.
    (3) If an LESD probes are lodged in the soft tissue areas near the 
eye, throat, ear, groin, or genitals, law enforcement, correctional or 
security personnel will summon medical personnel to the scene, or will 
transport the subject to the nearest medical facility to have the 
probes removed by medical personnel.
    (4) During processing, the apprehending law enforcement personnel 
will inform the detention personnel that they employed an LESD against 
the subject. Law enforcement personnel will not transfer a subject to a 
detention center after employment of an LESD if the probes have not 
been removed, or if the subject has not received, requested or required 
medical care.


Sec.  632.8  Oleoresin capsicum (OC) spray.

    (a) The Army M39 Individual Riot Control Agent Dispenser (IRCAD) 
contains OC and is intended for law enforcement use in self-defense and 
for controlling rioters, prisoners, and/or non-compliant subjects. It 
is designed to provide a safe and effective way to subdue a subject 
without causing permanent injury. The M39 IRCAD contains enough OC or 
``pepper spray'' for 15 one-second bursts. It has an operational range 
of 10 to 30 feet. ST 19-LESM, task 191-376-5108 and task 191-389-0037, 
outlines performance measures to subdue a subject with OC spray while 
in performance of law enforcement duties. Soldier Training Publication 
(STP) 19-31E1-SM, task 191-31E-0042 and 191-31E-1369, outline 
performance measures for use of OC spray while in a correctional 
facility.
    (b) Medical considerations. (1) Once the subject has been taken 
into custody, begin the decontamination process.
    (2) During transport, reassure the subject and monitor them for 
medical distress, coherence, and respiration.
    (3) Seek immediate medical assistance upon any sign of medical 
distress.
    (4) Seek medical assistance if the direct effects of the OC spray 
does not dissipate within an hour.


Sec.  632.9  Expandable or straight baton.

    (a) The baton is used for law enforcement self-defense and for 
keeping rioters and/or non-compliant subjects out of arms reach. The 
baton may be employed in situations where the use of a firearm is not 
authorized or necessary, and when law enforcement, correctional or 
security personnel reasonably believe that a lower level of force will 
be ineffective or jeopardize the safety of the law enforcement 
personnel.
    (b) Authorized use. The baton may be used as a defensive impact 
instrument to block or strike an assailant. The subjects' actions and 
levels of resistance will determine how the baton is employed. STP 19-
LESM, task 191-376-5210, outlines performance measures (e.g. 
appropriate and inappropriate strike areas) to subdue a subject with a 
straight baton while in performance of law enforcement duties. STP 19-
31E-SM, task 191-376-4140, outlines performance measures when using a 
riot baton as a member of a riot control formation.
    (c) Location of use. Consideration must be used when employing the 
baton on vital areas of the body such as the head, neck or spine. Baton 
blows to the head can cripple or kill. Batons will not be used to apply 
pressure to the head, neck or throat.


Sec.  632.10  Jurisdiction and authority.

    (a) The DES, Correctional Facility Commander or PM for each 
installation, in coordination with the senior/garrison commander and 
the staff judge advocate (SJA), may place further limitations on the 
use of an LESD, OC, and/or baton beyond what is provided in this part. 
The servicing SJA is critical in analyzing the particular 
installation's jurisdictional arrangement, and determining whether 
state law (for U.S. installations) or host nation law (for non-U.S. 
installations) impacts the use of LESD, OC and/or baton on the 
installation.
    (b) After consultation with the servicing judge advocate or legal 
advisor, conduct the appropriate level of inquiry in accordance with AR 
15-6 for all incidents involving law enforcement personnel's 
application of physical force in the line of duty. The completed 
inquiry will be filed as an enclosure within the Law Enforcement 
Report.
[FR Doc. 2015-31194 Filed 12-10-15; 8:45 am]
 BILLING CODE 3710-08-P