will be delineated in writing and submitted for the approval of the head of the DoD installation. These written provisions will be in the form of a duly prepared constitution, by-laws, charter, articles of agreement, or other authorization documents acceptable to the membership. Documentation will also provide for:

(i) Establishment of local membership eligibility, which will be primarily for members of the DoD family.

(ii) Designation of management responsibilities, to include the accountability for assets, satisfaction of liabilities, disposition of any residual assets upon dissolution, and otherwise assuring responsible financial management.

(iii) An understanding by all members as to whether they are personally liable if the assets are insufficient to discharge all liabilities. (Also, see paragraph (b)(9) of this section).

(2) In reviewing the above documentation and during periodic review of private organizations, activities that result in a monetary gain to the membership, either individually or collectively, will be carefully considered by the head of the DoD installation.

(i) Income will not accrue to individual members, except through wages and salaries as employees of the private organization or through remuneration for services rendered, and will be derived primarily for the purpose of offsetting expenses of operation, which may include competitive awards or charitable contributions contemplated by the organization.

(ii) However, the head of the DoD installation may approve the operation of such a private organization as an investment club on the installation, providing compliance with all other policy provisions outlined above is required.

(3) Type 2 or Type 3 private organizations may be discontinued or dissolved upon determination of its membership or upon determination by the head of a DoD installation to withdraw authorization to operate on the installation.

$212.5 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower, Reserve Affairs and Logistics) (ASD(MRA&L)) is responsible for all policy matters related to the organization and monitoring of private or

ganizations, not otherwise delineated in referenced issuances. Coordination of private organization matters will be accomplished with DoD Components through normal staff procedures.

(b) DoD Components will assure implementation of this Instruction and compliance with its provisions. Specifically, Heads of DoD Components, or their designees, will:

(1) Maintain cognizance over all private organizations located on the installations, facilities, or activities for which responsible, including their initial identification and classification, and

(2) Conduct a periodic review of each private organization in order to:

(i) Insure that the membership provisions and purposes for which created still apply, thereby justifying continuance. Any revisions to the conditions under which originally established will necessitate further review, documentation and approval action for continued recognition;

(ii) Determine conditions under which an audit of the funds of the private organization would be appropriate as part of an official inquiry designed to preserve the best interests of the United States, based on DoD Instruction 7600.6.1

(iii) Furnish reports or other information to the ASD(MRA&L) on private organizations as required, and in accordance with DoD Directive 5000.19.1

§212.6 Logistical support and services.

(a) The amount and type of support provided and/or authorized a private organization varies according to the authority under which organized. Type 1 private organizations have Federal sanction; provide important services to the DoD family, and thereby receive certain support, both reimbursable and nonreimbursable, from the head of the DoD installation. The DoD issuances cited in the text of this part include provisions for support to applicable Type 1 private organizations. Other Type 1 private organizations authorized by a DoD Component may be provided similar reimbursable and nonreimbursable support. Type 2, affiliated

See footnote to §212.4(b)(8)(ii)(1).

private organizations, and Type 3, independent private organizations are provided support by the head of the DoD installation as prescribed below.

(b) The nature of the activities conducted by most Types 2 and 3 private organizations normally should require only enough space in which to conduct organizational meetings. If the use of the space, to include Governmentowned portable equipment in place, utilities, and janitorial supplies is occasional and only incidental to other uses of the facility, and provided its use will entail no added maintenance expenses, reimbursement is not required.

(1) However, if the private organization has exclusive use of the facility or space on a full-time basis, an outgrant document is required under the authority of the Head of the DoD Component concerned.

(2) Reimbursement for any space occupied, utilities, maintenance, and other support services will be determined in accordance with policies prescribed in DoD Instruction 7230.7,1 which, in general, prescribes that charges may be waived or reduced for a nonprofit activitiy contributing to the welfare of DoD personnel.

(c) Private organizations are responsible for furnishing or procuring equipment, supplies, and other materials at their own expense. However, Government-owned equipment may be loaned or rented to a private organization physically located on a DoD installation within the limitations imposed by mission, availability, and statutory authority for such utilization.

(1) Neither appropriated nor nonappropriated funds will be used to repair or otherwise restore equipment which has been used on a temporary or loan basis by tenant private organizations since such costs should be properly borne by the user.

(2) Nonappropriated funds will not be used to repair private organization equipment.

(d) Classification System For Private Organizations by Type and Subtype. (1) Types of Private Organizations. (i) Type 1-Federally Sanctioned (ii) Type 2-Affiliated

1 See footnote 1 on previous page.

established and operated on a DoD installation, with the written consent of the installation commander or higher authority, by individuals acting exclusively outside the scope of any official capacity as officers, employees, or agents of the Federal Government.

(d) Type 1-Federally Sanctioned Private Organizations. Type 1 private organizations are those which are recognized in accordance with specific DoD authority or by special authority granted at DoD Component level. All Type 1 private organizations, except those exempted in section D., are subject to the provisions of this Instruction. Examples of federally sanctioned private organizations are provided in § 212.6.

(e) Type 2-Affiliated Private Organizations. Type 2 private organizations which (1) operate on a DoD installation upon the written approval of the DoD installation commander, (2) operate as local affiliations of chapters, lodges (fraternal or benevolent organizations), posts (veterans' organizations), or elements of national or State chartered organizations of the private sector, and (3) engage in activities of special interest to a voluntary membership or group of participants; examples of which are provided in §212.6.

(f) Type 3-Independent Private Organizations. Independent private organizations which are organized, established, operated and controlled locally by common interest groups conducting specific activities that fulfill certain accepted needs or wants of some members of the DoD family, and have no formal connection or affiliation with an organization outside of the installation; examples of which are provided in §212.6. Local initiative is exercised in securing written permission from the head of the DoD installation for their operation on the DoD installation.

(g) Subtype of Private Organizations. For classification purposes this is a relatively homogeneous functional grouping of private organizations, based on one or more of the following characteristics, having similar purposes or objectives, furthering related interests or conducting related activities, and comprising membership or participation of contemporary age levels.

(1) A subtype designation may be applied to more than one type of private organization, since the function being performed on a DoD installation is not limited by the connection or affiliation of the organization(s) comprising the subtype.

(2) For example, the funtion of community services, as a subtype of private organization, may be carried out through a Type 1 federally sanctioned private organization (Red Cross), a Type 2 affiliated private organization (PTA), or a Type 3 independent private organization (Thrift Shop).

(3) Section 212.6 provides a listing of the eight authorized classifications of private organizations by subtype and furnishes examples. The examples are illustrative and not all-inclusive.

(4) Classification of each private organization by type and subtype is a basis for positive identification of all private organizations and is a means of differentiating from nonappropriated

fund instrumentalities.

and territories, or any political subdivision thereof.

(b) In other related instances where military resources may be used to protect life or Federal property or to prevent disruption of Federal functions. § 215.2 Applicability.

This part is applicable to all components of the Department of Defense (the Military Departments, Organization of the Joint Chiefs of Staff, Defense Agencies, and the unified and specified commands) having cognizance over military resources which may be utilized in accordance with the policies set forth herein.

$215.3 Definitions.

(a) Civil disturbances are group acts of violence and disorders prejudicial to public law and order within the 50 States, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof. The term civil disturbance includes all domestic conditions requiring the use of Federal armed forces pursuant to the provisions of Chapter 15 of Title 10, United States Code.

(b) Federal property is that property which is owned, leased, possessed, or occupied by the Federal Government.

(c) Military resources include military and civilian personnel, facilities, equipment, and supplies under the control of a DoD component.

(d) A Federal function is any function, operation, or action carried out under the laws of the United States by any department, agency, or instrumentality of the United States or by an officer or employee thereof.

$215.4 Legal considerations.

(a) Under the Constitution and laws of the United States, the protection of life and property and the maintenance of public order are primarily the responsibilities of State and local governments, which have the necessary authority to enforce the laws. The Federal Government may assume this responsibility and this authority only in certain limited instances.

(b) Aside from the constitutional limitations of the power of the Federal Government at the local level, there

are additional legal limits upon the use of military forces within the United States. The most important of these from a civil disturbance standpoint is the Posse Comitatus Act (18 U.S.C. 1385), which prohibits the use of any part of the Army or the Air Force to execute or enforce the laws, except as authorized by the Constitution or Act of Congress.

(c) The Constitution and Acts of Congress establish six exceptions, generally applicable within the entire territory of the United States, to which the Posse Comitatus Act prohibition does not apply.

(1) The constitutional exceptions are two in number and are based upon the inherent legal right of the U.S. Government a sovereign national entity under the Federal Constitution-to insure the preservation of public order and the carrying out of governmental operations within its territorial limits, by force if necessary.

(i) The emergency authority. Authorities prompt and vigorous Federal action, including use of military forces, to prevent loss of life or wanton destruction of property and to restore governmental functioning and public order when sudden and unexpected civil disturbances, disasters, or calamities seriously endanger life and property and disrupt normal governmental functions to such an extent that duly constituted local authorities are unable to control the situations.

(ii) Protection of Federal property and functions. Authorizes Federal action, including the use of military forces, to protect Federal property and Federal governmental functions when the need for protection exists and duly constituted local authorities are unable or decline to provide adequate protection.

(2) There are four exceptions to the Posse Comitatus Act based on Acts of Congress.

(i) In the cases of each of the first three of those described, paragraphs (c)(2)(i) (a), (b), and (c) of this section, personal Presidential action, including the issuance of a proclamation calling upon insurgents to disperse and retire peaceably within a limited time, is a prerequisite.

(a) 10 U.S.C. 331. Authorizes use of the militia and Armed Forces when a State

is unable to control domestic violence, and a request for Federal assistance has been made by the State legislature or governor to the President. Implements Article IV, section 4, of the Constitution.

(b) 10 U.S.C. 332. Authorizes use of the militia and Armed Forces to enforce Federal law when unlawful obstructions or rebellion against the authority of the United States renders ordinary enforcement means unworkable. Implements Article II, section 3, of the Constitution.

(c) 10 U.S.C. 333. Authorizes use of the militia and Armed Forces when domestic violence or conspiracy hinders execution of State or Federal law, and a State cannot or will not protect the constitutional rights of the citizens. Implements Article II, section 3, and the 14th Amendment of the Constitution.

(d) House Joint Resolution 1292, June 6, 1968.1 Directs all departments of the Government, upon the request of the Secret Service, to assist that Service in carrying out its statutory duties to protect Government officials and major political candidates from physical harm. Assistance to the Secret Service is governed by DoD Directive 3025.13, "Employment of Department of Defense Resources in Support of the United States Secret Service," July 15, 1968.2

(ii) It should be noted that none of the above authorities, in and of itself, provides sufficient legal basis to order members of the Reserve components to active Federal service.

$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

1 Although this resolution has been placed in the Statutes at Large as Public Law 90331, 82 Stat. 170, it has not been codified; it is set out in the notes to 18 U.S.C. 3056.

2 Filed as part of original copies available from U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120, Code: 300.