[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: 32CFR215.6] [Page 400-402] 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. 215.6 Responsibilities. (a) The Secretary of the Army is designated as the Executive Agent for the Department of Defense in all matters pertaining to the planning for, and the deployment and employment of military resources in the event of civil disturbances. As DoD Executive Agent, the Secretary of the Army (or the Under Secretary of the Army, as his designee) is responsible for: (1) Providing policy and direction concerning plans, procedures, and requirements to all DoD components having cognizance over military resources which may be employed under the provisions of this part. (2) Improving and evaluating the capabilities of the National Guard to deal with civil disturbances. (3) Establishing DoD policies and procedures for: (i) Calling the National Guard to active Federal service and ordering the National Guard and other Reserve components to active duty; and (ii) The employment of such forces that may be required to carry out the purposes of this part. (4) Calling to active Federal service: (i) The Army National Guard units or members required to carry out the provisions of the Presidential Executive order or other appropriate authority. [[Page 401]] (ii) The Air National Guard units or members required to carry out the provisions of the Presidential Executive order or other appropriate authority, subject to the provisions of paragraph (c)(1)(i) of this section. (5) Providing military resources of the U.S. Army, consistent with defense priorities to include: (i) The military resources of the Army National Guard called to active Federal service under the provisions of paragraph (a)(4)(i) of this section. (ii) The military resources of the Army Reserve (other than Army National Guard) ordered to active duty to carry out the purposes of this part. (6) Exercising through designated military commanders the direction of military resources committed or assigned for employment in the event of actual or potential civil disturbances. When circumstances warrant, such direction will include: (i) Alerting, and, if necessary, prepositioning predesignated ground forces; and (ii) Directing the Secretary of the Air Force to alert and provide the necessary airlift resources (see Sec. 215.5(g)). (7) Devising command, control, and communications arrangements to insure effective coordination and responsiveness among Defense agencies, military departments, the Joint Chiefs of Staff, and Commanders-in-Chief (CINCs) of unified and specified commands, under conditions of prepositioning, deployment, or employment of military resources. Maximum utilization will be made of existing reports of the Joint Reporting Structure (JRS), as prescribed in JCS Pub 6.\3\ Arrangements and reports affecting commanders of unified and specified commands will be coordinated with the JCS. --------------------------------------------------------------------------- \3\ Not available to the public. Copies have been distributed to appropriate military commanders. --------------------------------------------------------------------------- (8) Promulgating in implementation of DoD Directive 5200.27, ``Acquisition of Information Concerning Persons and Organizations not Affiliated with the Department of Defense,'' March 1, 1971,\1\ strict policy guidelines designed to restrict to the maximum extent consistent with the effective conduct of actual civil disturbance operations the collection and maintenance of intelligence data in support of military civil disturbance planning and operations within the Department of Defense. (9) Keeping the Secretary of Defense informed of unusual military resource requirements (actual or potential) and other significant developments in connection with civil disturbance planning and operations. (10) Establishing procedures for the review and coordination of all DoD components' directives, instructions, and plans affecting civil disturbance planning and operations to assure conformity with DoD policies stated herein and DoD Executive Agent policies. (11) Providing for the establishment of a DoD Civil Disturbance Steering Committee and a Directorate of Military Support (see Sec. 215.8). (12) Providing the necessary facilities, equipment, and personnel as required by the Assistant Secretary of Defense (Public Affairs) in the accomplishment of his public affairs responsibilities set forth in paragraph (f) of this section. (13) Within the restrictions established by DoD Directive 5200.27, ``Acquisition of Information Concerning Persons and Organizations not Affiliated with the Department of Defense,'' March 1, 1971,\1\ and the implementing guidelines referred to in paragraph (a)(8) of this section, providing essential planning, operational, and intelligence data to the National Military Command Center (NMCC) and the military service command centers on a timely basis to insure that the National Command Authorities and appropriate military service command authorities are adequately informed. --------------------------------------------------------------------------- \1\ See footnote 1 to Sec. 215.4(c)(2)(i)(d). --------------------------------------------------------------------------- (b) The Joint Chiefs of Staff are responsible for: (1) Establishing procedures that will promptly transfer military resources that are assigned to unified and specified commands (i) to the military departments for civil disturbance operations in the Continental United States (CONUS) or (ii) to unified commands for such operations outside the [[Page 402]] CONUS, as directed by the DoD Executive Agent and consistent with defense priorities. (2) Maintaining an appropriate strategic reserve for worldwide employment and contingency operations. (3) Insuring that directives concerning civil disturbances are issued to the commanders of unified commands, for the employment of military resources outside the CONUS, in accordance with direction and guidance provided by the DoD Executive Agent. (c) The Secretary of the Air Force is responsible for: (1) Providing military resources of the U.S. Air Force, as required by the DoD Executive Agent and consistent with defense priorities, to include: (i) Designating and providing the specific units or members of the Air National Guard to be called to active Federal service under the provisions of paragraph (a)(4)(ii) of this section. (ii) Designating and providing the military resources of the Air Force Reserve (other than Air National Guard) order to active duty to carry out the purposes of this part. (2) Exercising for the DoD Executive Agent, through designated military commanders, coordinating authority over and direction of DoD provided military and commercial obligated airlift resources used to fulfill civil disturbance airlift requirements. (3) Providing airlift to deploy and redeploy civil disturbance forces and for supply, resupply, and aeromedical evacuation. (d) The Secretary of the Navy is responsible for: (1) Designating and providing military resources of the U.S. Navy and the U.S. Marine Corps, as required by the DoD Executive Agent and consistent with defense priorities, to include ordering to active duty and utilizing the resources of the Naval Reserve and the Marine Corps Reserve required to carry out the purposes of this directive. (2) Insuring that Navy and Marine forces committed in connection with civil disturbances are trained and equipped in accordance with criteria established by the DoD Executive Agent. (3) Making airlift resources available to the Secretary of the Air Force, consistent with defense priorities, as requested by him in the accomplishment of his airlift responsibilities set forth in paragraph (c) of this section. (e) The Defense agencies are responsible for providing military resources as required, and advice and assistance on matters within their spheres of responsibility, to the DoD Executive Agent and to the Secretaries of the military departments and to the Joint Chiefs of Staff in the discharge of their responsibilities. (f) The Assistant Secretary of Defense (Public Affairs) is responsible for all DoD public affairs matters related to civil disturbances. To assure efficiency and responsiveness in keeping the public fully informed, he will: (1) Provide direction and guidance to the DoD Executive Agent on all aspects of public release of information relating to civil disturbances. (2) Assign Public Affairs representatives, of appropriate rank, to the Directorate of Military Support during civil disturbance operations. (3) Designate as required onsite DoD Public Affairs Chiefs who will furnish appropriate advice and guidance to task force commanders and, upon request or by direction of appropriate authorities, to other representatives of the Federal Government. The onsite Public Affairs Chief is responsible for releasing all military information to the public in the affected area(s). He will be responsible for such other public affairs functions as directed by competent authority. In the event of a disagreement concerning the releasing of military information to the public between a task force commander and the onsite Public Affairs Chief, the issue will be resolved by the ASD(PA) who will coordinate with the DoD Executive Agent to the extent feasible.