[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR215.5]

[Page 400]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 215_EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES--
 
Sec. 215.5  Policies.

    (a) The employment of DoD military resources for assistance to civil 
authorities in controlling civil disturbances will normally be 
predicated upon the issuance of a Presidential Executive order or 
Presidential directive authorizing and directing the Secretary of 
Defense to provide for the restoration of law and order in a specific 
State or locality. Exceptions to this condition will be limited to:
    (1) Cases of sudden and unexpected emergencies as described in Sec. 
215.4(c)(1)(i), which require that immediate military action be taken.
    (2) Providing military resources to civil authorities as prescribed 
in Sec. 215.9 of this part.
    (b) The Attorney General of the United States has been designated to 
receive and coordinate preliminary requests from States for Federal 
military assistance authorized by 10 U.S.C. 331 (Sec. 
215.4(c)(2)(i)(a)). Formal requests from States for such aid will be 
made to the President, who will determine what Federal action will be 
taken.
    (c) The Secretary of the Army is delegated any and all of the 
authority of the President under chapter 15 of title 10, U.S.C. (Sec. 
215.4(c)(2)(i) (a), (b), and (c)) which has been or may be hereafter 
delegated by the President to the Secretary of Defense.
    (d) The Secretary of the Navy and the Secretary of the Air Force are 
delegated all that authority which has been or may be hereafter 
delegated by the President to the Secretary of Defense to order to 
active duty, units and members of the Reserve Components under their 
respective jurisdictions, except National Guard units and members, for 
use pursuant to chapter 15 of title 10, U.S.C. (Sec. 215.4(c)(2)(i) 
(a), (b), and (c)).
    (e) DoD components and their subordinate activities will coordinate 
with local civil authorities or local military commanders as 
appropriate, to assure mutual understanding of the policies and 
procedures to be adhered to in an actual or anticipated civil 
disturbance situation.
    (f) DoD civilian employees generally should not be used to assist 
civil authorities in connection with civil disturbances, except as 
provided for in Sec. 215.9(b)(3).
    (g) The prepositioning of more than a battalion-sized unit, as 
authorized in Sec. 215.6(a)(6), will be undertaken only with the 
approval of the President. Requests for the prepositioning of forces 
will be addressed to the Attorney General.