Terrorist incidents

forces, as he considered necessary to suppress the insurrection." This requires "a

formal request by a state for the assistance of federal armed forces," which "must

originate with the legislature of the state concerned, or with the governor." (DA

Pam 27-21, paragraph 3-8a.)

A similar state is 10 USC Section 332: "Whenever the President considers

that unlawful obstructions, combinations, or assemblages, or rebellion against the

authority of the United States, makes it impracticable to enforce the laws of the

United States is any state or territory by the ordinary course of judicial

proceedings, he may call into federal service such of the militia of any state, and

use such of the armed forces, as he considers necessary to enforce those laws or to

suppress the rebellion." Another example is 10 USC Section 333, which states that

the President "by using the militia or the armed forces, or both...shall take such

measures as he considers necessary to suppress in a state, any insurrection,

domestic violence, unlawful combination, or conspiracy, if it (1) so hinders the

execution of the laws of that state, and of the United States within the state,

that any part or class of its people is deprived of a right, privilege, immunity,

or protection named in the Constitution and secured by law, and the constituted

authorities of that state are unable, fail, or refuse to protect that right,

privilege, or immunity, or to give that protection; or (2) opposes or obstructs the

execution of the laws of the United States or impedes the course of justice under

those laws."

In using federal armed forces, the President shall, by proclamation,

"immediately order the insurgents to disperse and retire peaceably to their abodes

within a limited time." (10 USC Section 334.) If the proclamation is not obeyed,

an executive order is issued, "directing the Secretary of Defense to employ such

National Guard of federal troops as are necessary to restore law and order,"(DA Pam

27-21, paragraph 3-8d.) Pursuant to these laws, federal troops were dispatched to

Arkansas (1957), to Mississippi (1962), and to Alabama in 1963.

f. Terrorist incidents. A terrorist incident is regarded as a form of civil

disturbance.

It is DOD policy "to protect DOD personnel and family members,

facilities, and equipment from terrorists' acts."

(DOD DIr. 2000.12, July 16,

1986.) Although the FBI is the lead agency for combating domestic terrorists, the

installation commander will provide the initial and immediate response to any

incident occurring on a military installation.

The FBI will be notified

immediately, and will assume jurisdiction if it is determined that such an incident

is of "significant federal interest."

Even if the FBI does assume jurisdiction,

"the military commander may take immediate action, as dictated by the situation, to

prevent loss of life or mitigate property damage before the FBI response force

arrives."

Overseas, the State Department will be immediately notified (as opposed to

the FBI), as it has the "primary responsibility for dealing with terrorism

involving Americans abroad and for enhancing the security of all U.S. government

personnel overseas." The host nation, however, remains overall in charge, and the

U.S. response must be coordinated with that nation.

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