AUTHORITY: The provisions of this Part 210 issued under sec. 202, 61 Stat. 500, as amended; 10 U.S.C. 3012, 8012.

SOURCE: The provisions of this Part 210 appear at 25 F.R. 14448, Dec. 31, 1960, unless otherwise noted.

Travel without reimbursement.

§ 210.1 (a) Sponsored travel. Sponsored travel is defined as and confined to military air transportation furnished by a military department to its own officials or to Members of Congress and other Government officials or other persons to whom an invitation to travel has been extended by the Office of the Secretary of Defense or by one of the military departments. The military departments (Army, Navy and Air Force) are granted the authority to extend such invitations unilaterally to congressional committees and staff members, individual Members of Congress, and other Government officials, when the purpose of the travel is of primary concern to the military department extending the invitation.

(1) Officials of the Department of Defense, Military Departments, etc. Travel without reimbursement by officials and by military and civilian personnel of the Department of Defense, the three military departments and the boards and other agencies of the Department of Defense shall be governed by such regulations as the Secretary of Defense may from time to time prescribe.

(b) Nonsponsored travel. Nonsponsored travel is defined as and confined to military air transportation furnished pursuant to an officia! request upon the Secretary of Defense or to a military department from a department, agency or official of the Government outside of the Department of Defense.

(1) Officials of other Executive Departments or agencies or Judicial Branch. Requests for travel without reimbursement by Government officials of the other Executive Departments or agencies or Judicial Branch, whose travel is of primary interest to the Department of Defense, will be screened

and approved in writing by the head of the agency to which the official is attached and the approved request then forwarded to the Secretary of Defense for disposition.

(2) Officials of the Legislative Branch. (1) Requests for travel without reimbursement by members of Congress and committee staff members, whose travel is of primary interest to the Department of Defense, should be submitted in writing to the Secretary of Defense by the Chairman of the Congressional committee upon which the member of Congress is serving. The committee chairman should state in his request whether or not he believes the travel to be of primary interest to the Department of Defense.

(ii) Members of Congress who hold valid reserve status in the Army, Navy, Air Force or Marine Corps may continue to utilize air transportation in accordance with existing policies of the respective military departments (Army, Navy and Air Force) applicable to the reserve officer and enlisted personnel of those departments.

(3) Nonofficial passengers (sponsored and/or nonreimbursable trips). Exceptions to the general policy of prohibiting accompanying travel of dependents on Department of Defense sponsored nonreimbursable trips are as follows:

(i) To permit travel of dependents of attaché mission or military commission personnel as may be designated by the respective Secretaries of the Military Departments, the Chairman of the Joint Chiefs of Staff, the Chiefs of Staff of the Army and Air Force, the Chief of Naval Operations and the Commandant of the Marine Corps in overseas areas on attaché or mission aircraft.

(ii) To permit travel of dependents of other military or civilian personnel of the Department of Defense when authorized by the Secretary of Defense, or by the respective Secretaries of the Military Departments, the Chiefs of Staff of the Army and Air Force, the Chief of Naval Operations or the Commandant of the Marine Corps, as being in the national interest, essential to the proper accomplishment of the mission, desirable because of diplomatic or public relations, or as necessary for the health or morale of the principals concerned.

(iii) To permit the accompanying travel without reimbursement of dependents of officials of the other Executive

Departments or agencies, of the Judicial Branch, or of the Legislative Branch, when accompanying their principals on a sponsored trip, and when authorized in each instance by the Secretary of Defense as being in the national interest, essential to the proper accomplishment of the mission, desirable because of diplomatic or public relations, or as necessary for the health and morale of the individuals concerned.

Requests for the accompanying travel without reimbursement on military aircraft by dependents of officials of the other Executive Departments or agencies, of the Judicial Branch, or of the Legislative Branch should be referred to the Secretary of Defense.

(4) Nonofficial passengers (nonsponsored and/or reimbursable trips). The rule generally prohibiting passage of dependents on Department of Defense sponsored nonreimbursable trips is also applicable to nonsponsored and/or reimbursable trips. However, exceptions to the rule may be authorized under certain circumstances. Current exceptions to the rule would be: To permit accompanying travel on nonsponsored and/or reimbursable trips of dependents of officials of other Executive Departments or agencies, of the Judicial Branch, or of the Legislative Branch when accompanying their principals and when authorized in each instance by the Secretary of Defense as being essential to the proper accomplishment of the mission, desirable because of diplomatic or public relations, or as necessary for the health or morale of the individuals concerned.

(5) Use of attaché aircraft by Members of the Congress. (i) In those instances where Congressional committees or members thereof find it necessary while abroad to request travel in Air Force or Navy aircraft allocated to the attachés or military missions, such trips may be authorized if commercial facilities are not available, if such use of the attaché or mission aircraft will not interfere in any way with its normally assigned mission, if the purpose of the trip is specifically indicated by the chairman of the committee or subcommittee or member as essential to the mission of the committee, subcommittee or member.

(ii) A report of each trip so flown will be made to the appropriate military department by the attaché concerned,

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which report will indicate the names and numbers of passengers carried, the duration, destinations and purpose of the trip.

§ 210.2 Travel with reimbursement.

In cases not covered by the preceding section, the Department of the Navy and the Department of the Air Force may provide air transportation with reimbursement therefor, and subject to other restrictions thereon, in accordance with the provisions of applicable law, when the traffic is of official concern to the Executive Departments or agencies, or to the Legislative or Judicial Branches of the Government. Requests for transportation in this category should be directed to the Secretary of the Air Force with procurement authority chargeable or a clear indication of the method by which reimbursement is to be accomplished.

§ 210.3 Authority for certain nongovernmental travel.

In order to facilitate Department of Defense operations at home and abroad, nongovernmental passengers and cargo not within the scope of the foregoing provisions may be furnished air transportation by the Department of the Navy or the Department of the Air Force to or from places outside of the Continental United States, with reimbursement therefor, at not less than current commercial rates (including taxes) upon certification by the head of the interested Executive Department or agency that the furnishing of such transportation is in the national interest. In cases covered in this paragraph it will be within the purview of the Secretary of the Navy or the Secretary of the Air Force to refuse to authorize the transportation if deemed advisable. § 210.4

General policy on nongovernmental travel.

As a general policy, the aviation organizations of the Armed Forces shall not be placed in a position of competing with United States commercial transportation. Therefore, in no case will air transportation under the provisions of the two paragraphs immediately above be provided on any given route if, in the opinion of the Departments of the Army, Navy or Air Force, United States civil air carriers adequate to handle the traffic are in operation on the route.

(b) In the event of a nuclear attack on the United States the degree of military involvement in support of the civil defense mission during the attack and in the immediate postattack phase will depend upon the extent of damage suffered and the active military operations in progress or required. The preattack and postattack military roles in support of civil defense are based on the spectrum of contingencies which could result from an enemy attack on this nation, including a nuclear attack, with minimum warning and under conditions favorable to the attacker.

(c) Military forces will have a priority commitment, initially, to the mounting of offensive and defensive actions and to assist civil authorities in the assessing and reporting of damage and danger areas in the continental limits of the United States. It is possible that

damage will be so extensive as to require evaluation as to the priorities to be assigned to the needs of civil support as opposed to military requirements for certain planned combat and combat support operations.

§ 220.4 General policies.

(a) The DOD recognizes the essential interdependence of the civil and military defense efforts of our nation in achieving the total posture of national security. Military support to civil authorities in civil defense operations is an emergency task within the mission of all federal active duty and reserve units of the military services and Defense Agencies.

(b) The Military Services and Defense Agencies will provide feasible support to local or state authorities during a warcreated emergency consistent with the policies established below:

(1) Planning for military support of civil defense will be directed toward the most disastrous contingency described in § 220.3(b), to include planning for attacks under both minimum warning and, when directed, for emergency preparations in crisis situations.

(2) Measures to insure continuity of operations, troop survival and rehabilitation of essential military bases will take precedence over military support of civil defense.

(3) Military assistance will complement and not be a substitute for civil participation in civil defense operations. Military plans and plans developed by civil authority must recognize that civil resources will be the first resources used to support civil requirements with military resources being used only when essential to supplement the civil resources.

(4) All military forces (active and reserve), other than those deployed outside the 50 States and those in the District of Columbia and the territories and possessions of the United States, will be considered potentially available to provide temporary emergency support to civil authorities during certain stages of civil defense operations. The availability of forces to provide this support will vary according to the military requirement for the conduct of essential combat, combat support or self survival operations. Within the 48 contiguous States, each military department will provide the CONUS Army Commanders with periodic listings of all its military forces and components located within each CONUS Army area through appropriate headquarters designated by the parent service. The appropriate Commander of the Unified Command will provide for a similar listing of forces for Alaska, Hawaii, and Puerto Rico. This listing of forces will be in an order of priority of probable availability for support of civil defense operations as determined on the basis of the military missions of the forces reported, their location and their capabilities for performance of civil defense assistance tasks. Forces will be listed by priority as follows:

Priority I-Those forces that have a high probability of availability for civil defense support in the immediate emergency period. Priority II-Those forces that have a lower probability of availability to support civil defense in a postattack period.

Priority III-Those forces least likely to be available for civil defense support operations because of the high priority of their combat and combat support missions.

(5) Priorities of availability of forces will be reflected in appropriate plans for military support of civil defense. All forces listed in area civil defense assistance plans will be prepared and ready to execute the tasks contemplated in such plans. The degree of readiness to be maintained among such forces will be commensurate with the priority of their probable availability. Those military forces temporarily furnished to as

sist civil authorities in a civil defense emergency will be withdrawn by the military commanders of the parent service, in coordination with the appropriate CONUS Army Commanders whenever practicable, or by the responsible Commander of the Unified Command in the event it is necessary to employ such forces in military operations, or when they are no longer required for civil defense missions.

(6) A military commander, in making his resources available to civil authorities, is subject to no authority other than that of his superior in the military chain of command.

(c) Military

rule-(1) Mission. In the event of a national emergency involving a nuclear attack on the United States, the Joint Chiefs of Staff, the Military Services, and Defense Agencies will be prepared to employ available resources which are not engaged in essential combat, combat support, or self-survival operations to assist civil authorities to restore order and civil control, return essential facilities to operation, prevent unnecessary loss of life, alleviate suffering, and take other actions as directed to insure national survival and a capability on the part of the nation to continue the conflict. In such employment established military organizational channels and prearranged plans will be followed when possible.

(2) Tasks. In the discharge of the mission, the Secretaries of the Military Departments, the Joint Chiefs of Staff and the Directors of Defense Agencies, will take the necessary action to:

(i) Provide for coordination and control, both preattack and postattack, of available military (active or reserve) available capabilities and resources. This task envisions:

(a) Establishment, under the Commanding General, United States Continental Army Command and the CONUS Army commanders, of State Military Headquarters to plan for, and conduct operations in support of civil defense, utilizing the state adjutants general and the State Headquarters and Headquarters Detachments of the 48 contiguous States.

(b) Establishment, under the Commanders of the Unified Commands for Alaska, Hawaii, and Puerto Rico, of a military headquarters to plan for, and conduct operations in support of civil de

fense utilizing the adjutants general and their headquarters.

(c) The designation and training of alternate headquarters in conformity with continuity of operations plans to assume the responsibilities of the task in the event the principal headquarters is inoperative.

(ii) Train military forces in the basic functions of civil defense operations utilizing to the maximum possible extent present training facilities and courses in civil defense agencies.

(iii) Make provisions for commanders at appropriate echelons to provide immediate and independent support to local civil authorities; and under conditions where civilian control is no longer effective, to take necessary measures for the preservation of order and the protection of life and property.

(iv) Develop and maintain plans and capabilities as necessary to assist civilian authorities in times of an emergency in restoring Federal, State and local civil operations. Such interim emergency assistance will be in coordination with and supplementary to the capabilities of state and local governments and other nonmilitary organizations and will be concerned with the following categories of assistance.

(a) Restoration of facilities and utilities, including transportation, communications, power, fuel, water, and other essential facilities.

(b) Emergency clearance of debris and rubble including explosive ordnance from streets, highways, rail centers, dock facilities, airports, shelters and other areas, as necessary to permit rescue or movement of people, access to and recovery of critical resources, emergency repair or reconstruction of facilities, and other emergency operations.

(c) Fire protection.

(d) Rescue, evacuation, and emergency medical treatment or hospitalization of casualties, the recovery of critical medical supplies, and the safeguarding of public health. This may involve sorting and treating of casualties and preventive measures to control the incidence and spread of infectious diseases.

(e) Recovery, identification, registration and disposition of deceased personnel.

(f) Radiation monitoring and decontamination to include identifying contaminated areas, and reporting information through the national warning sys

tem. Initial decontamination will, of necessity, be directed primarily at personnel and vital facilities.

(g) Movement control to include plans and procedures for essential movements. (h) Maintenance of law and order to include:

(1) General police and law enforcement operations.

(2) Emergency highway traffic control and supervision.

(3) Security and protection of vital facilities and resources.

(4) Enforcement of economic stabilization measures, as may be required in the immediate postattack phase.

(i) Issue of food, essential supplies and materiel to include collection, safeguarding and issue of critical items in the initial postattack phase.

(j) Emergency provision of food and facilities for food preparation, should mass or community subsistence support be required.

(k) Damage assessment.

(1) Provision of interim communications utilizing available mobile military equipment to provide command and control.

(a) The Secretary of the Army (in the exercise of his responsibilities for civil defense) will:

(1) Coordinate within the Department of Defense the policy and program aspects of military participation in civil defense preparedness activities and emergency operations, including civil defense test exercises.

(2) Advise the Secretary of Defense on policies, responsibilities, and programs relating to military support of civil defense as a contingency mission of all military forces.

(3) Provide current information and proposed courses of action to the Joint Chiefs of Staff, Service Secretaries, and Defense Agencies on civil defense matters in which they have a particular interest or responsibility, in order that realistic and effective preparations may be made for participation in civil defense operations.

(4) Recommend measures for strengthening military/civil defense working relationships at the national level, consistent with the policies and principles set forth herein.

(5) Submit recommendations to the Secretary of Defense, in coordination