[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Rules and Regulations]
[Pages 13718-13719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6886]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 809a

RIN 0701-AA64


Installation Entry Policy, Civil Disturbance Intervention and 
Disaster Assistance

AGENCY: Department of the Air Force, DoD.

ACTION: Final Rule.

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SUMMARY: The Department of the Air Force has revised its regulations in 
32 CFR part 809a dealing with installation entry policy, barments, 
enforcing order within or near Air Force installations, and civil 
disturbance and disaster assistance, to reflect current policies. This 
rule implements guidance from Section 21 of the Internal Security Act 
of 1950; DoD Directive 5200.8, Security of DoD Installations and 
Resources; and Title 10 U.S.C., Sections 332 and 333. The revision adds 
expulsion and installation entry point check procedures.

EFFECTIVE DATE: March 27, 2002.

FOR FURTHER INFORMATION CONTACT: SMSgt Walter Filipiak, (210) 671-0898.

List of Subjects in 32 CFR Part 809a

    Civil defense, Civil disorders, Disaster assistance, Federal 
buildings and facilities, Foreign relations, Law enforcement, Military 
personnel.

    For the reasons set forth in the preamble, the Department of the 
Air Force is revising 32 CFR Part 809a to read as follows:

PART 809a--INSTALLATION ENTRY POLICY, CIVIL DISTURBANCE 
INTERVENTION AND DISASTER ASSISTANCE

Sec.
809a.0   Purpose.
Subpart A--Installation Entry Policy
809a.1   Random installation entry point checks.
809a.2   Military responsibility and authority.
809a.3   Unauthorized entry.
809a.4   Use of Government facilities.
809a.5   Barment procedures.
Subpart B--Civil Disturbance Intervention and Disaster Assistance
809a.6   Authority.
809a.7   Definitions.
809a.8   Installation policies and laws.
809a.9   Conditions for use of Air Force resources.
809a.10   Military commanders' responsibilities.
809a.11   Procedures outside the United States.

    Authority: 10 U.S.C. 332 and 333.


Sec. 809a.0  Purpose.

    This part prescribes the commanders' authority for enforcing order 
within or near Air Force installations under their jurisdiction and 
controlling entry to those installations. It provides guidance for use 
of military personnel in controlling civil disturbances and in 
supporting disaster relief operations. This part applies to 
installations in the United States, its territories and possessions, 
and will be used to the maximum extent possible in the overseas 
commands. Instructions issued by the appropriate overseas commander, 
status of forces agreements, and other international agreements provide 
more definitive guidance for the overseas commands. Nothing in this 
part should be construed as authorizing or requiring security forces 
units to collect and maintain information concerning persons or 
organizations having no affiliation with the Air Force other than a 
list of persons barred from the installation.

Subpart A--Installation Entry Policy


Sec. 809a.1  Random installation entry point checks.

    The installation commander determines when, where, and how to 
implement random checks of vehicles or pedestrians. The commander 
conducts random checks to protect the security of the command or to 
protect government property.


Sec. 809a.2  Military responsibility and authority.

    (a) Air Force installation commanders are responsible for 
protecting personnel and property under their jurisdiction and for 
maintaining order on installations, to ensure the uninterrupted and 
successful accomplishment of the Air Force mission.
    (b) Each commander is authorized to grant or deny access to their 
installations, and to exclude or remove persons whose presence is 
unauthorized. In excluding or removing persons from the installation, 
the installation commander must not act in an arbitrary or capricious 
manner. Their action must be reasonable in relation to their 
responsibility to protect and to preserve order on the installation and 
to safeguard persons and property thereon. As far as practicable, they 
should prescribe by regulation the rules and conditions governing 
access to their installation.


Sec. 809a.3  Unauthorized entry.

    Under Section 21 of the Internal Security Act of 1950 (50 U.S.C. 
797), any directive issued by the commander of a military installation 
or facility, which includes the parameters for authorized entry to or 
exit from a military installation, is legally enforceable against all 
persons whether or not those persons are subject to the Uniformed Code 
of Military Justice (UCMJ). Military personnel who reenter an 
installation after having been properly ordered not to do so may be 
apprehended. Civilian violators may be detained and either escorted off 
the installation or turned over to proper civilian authorities. 
Civilian violators may be prosecuted under 18 U.S.C. 1382.


Sec. 809a.4  Use of Government facilities.

    Commanders are prohibited from authorizing demonstrations for 
partisan political purposes. Demonstrations on any Air Force 
installation for other than political purposes may only occur with the 
prior approval of the installation commander. Demonstrations that could 
result in interference with, or prevention of, the orderly 
accomplishment of the mission of an installation or that present a 
clear danger to loyalty, discipline or morale

[[Page 13719]]

of members of the Armed Forces will not be approved.


Sec. 809a.5  Barment procedures.

    Under the authority of 50 U.S.C. 797, installation commanders may 
deny access to the installation through the use of a barment order. 
Barment orders should be in writing but may also be oral. Security 
forces maintain a list of personnel barred from the installation.

Subpart B--Civil Disturbance Intervention and Disaster Assistance


Sec. 809a.6  Authority.

    The authority to intervene during civil disturbances and to provide 
disaster assistance is bound by directives issued by competent 
authorities. States must request federal military intervention or aid 
directly from the President of the United States by the state's 
legislature or executive. Installation commanders must immediately 
report these requests in accordance with AFI 10-802, Military Support 
to Civil Authorities (Available from National Technical Information 
Service, 5285 Port Royal Road, Springfield, VA 22161.).


Sec. 809a.7  Definitions.

    The following definitions apply to this part:
    (a) Emergencies. These are conditions which affect public welfare 
and occur as a result of enemy attack, insurrection, civil 
disturbances, earthquake, fire, flood, or other public disasters which 
endanger life and property or disrupt the usual process of government. 
The term ``emergency'' includes any or all of the conditions explained 
in this section.
    (b) Civil defense emergency. This is a disaster situation resulting 
from devastation created by an enemy attack and requiring emergency 
operations during and following attack. It may also be proclaimed by 
appropriate authority in anticipation of an attack.
    (c) Civil disturbances. These are group acts of violence or 
disorder prejudicial to public law and order including those which 
follow a major disaster. They include riots, acts of violence, 
insurrections, unlawful obstructions or assemblages, or other 
disorders.
    (d) Major disaster. Any flood, fire, hurricane, or other 
catastrophe which, in the determination of the President, is or 
threatens to be of sufficient severity and magnitude to warrant 
disaster assistance by the Federal Government to supplement the efforts 
and available resources of the State and local governments in 
alleviating the damage, hardship, or suffering caused thereby.


Sec. 809a.8  Installation policies and laws.

    This subpart contains policies on the use of Air Force military 
personnel in civil disturbances and disasters. The more important laws 
concerning military aid to civil authorities are also summarized.
    (a) The Air Force gives military assistance to civil authorities in 
civil defense or civil disturbances and disasters only when such 
assistance is requested or directed. Commanders will not undertake such 
assistance without authority, unless the overruling demands of humanity 
compel immediate action to protect life and property and to restore 
order.
    (b) The military service having available resources nearest the 
affected area is responsible for providing initial assistance to civil 
authorities in emergencies. Subsequent operations are to be according 
to the mutual agreement between the senior service commanders 
concerned.
    (c) The protection of life and property and the maintenance of law 
and order within the territorial jurisdiction of any State is the 
primary responsibility of State and local authorities. It is well-
established U.S. Government policy that intervention with military 
forces takes place only after State and local authorities have used 
their own forces and are unable to control the situation, or when they 
do not take appropriate action.


Sec. 809a.9  Conditions for use of Air Force resources.

    This part is not intended to extend Air Force responsibilities in 
emergencies to generate additional resources (manpower, materiel, 
facilities, etc.) requirements, or encourage participation in such 
operations at the expense of the Air Force primary mission. It is a 
guide for the employment of Air Force resources when:
    (a) A disaster or disturbance occurs in areas in which the U.S. Air 
Force is the executive agent of the United States.
    (b) A disaster or disturbance occurs in areas that are remote from 
an Army installation but near an Air Force installation, thereby 
necessitating Air Force assumption of responsibility pending arrival of 
Army personnel.
    (c) The overriding demand of conditions resulting from a natural 
disaster compels immediate action to protect life and property and to 
restore order.


Sec. 809a.10  Military commanders' responsibilities.

    (a) Civilians in the affected area will be informed of the rules of 
conduct and other restrictive measures to be enforced by the military. 
These will be announced by local proclamation or order, and will be 
given the widest publicity by all available media.
    (b) Persons not normally subject to military law, who are taken 
into custody by military forces incident to civil disturbances, will be 
turned over to the civil authorities as soon as possible.
    (c) Military forces will ordinarily exercise police powers 
previously inoperative in an affected area; restore and maintain order; 
maintain essential transportation and communication; and provide 
necessary relief measures.
    (d) U.S. Air Force civilian employees may be used, in any 
assignments in which they are capable and willing to serve. In planning 
for on-base contingencies of fires, floods, hurricanes, and other 
natural disasters, arrangements should be made for the identification 
and voluntary use of individual employees to the extent that the needs 
for their services are anticipated.


Sec. 809a.11  Procedures outside the United States.

    It is Air Force policy to make every reasonable effort to avoid any 
confrontation between United States military forces and host nation 
demonstrators or other dissidents posing a threat to Air Force 
resources. Intervention by United States military personnel outside the 
United States is governed by international law, bilateral and other 
international agreements to which the United States is a party, and 
host-nation laws. Local plans to counter such situations must include 
provisions to request and obtain host nation civil or military support 
as quickly as possible.

Pamela D. Fitzgerald,
Air Force Federal Register Liaison Officer.
[FR Doc. 02-6886 Filed 3-25-02; 8:45 am]
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