Exclusions and limitations
There are a number of situations in which the Act does not apply. These include:
Army and Air National Guard units and state defense forces while under the authority of the governor of a state.
Federal armed forces used in accordance to the Insurrection Act, as was the case of the 1st Marine Division and 7th Infantry Division being sent to curtail the 1992 Los Angeles riots.
Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if domestic law enforcement is inadequate to address certain types of threats involving the release of nuclear materials, such as potential use of a nuclear or radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness. The only exemption is the deployment of nuclear materials on the part of the United States Armed Forces.
Enforcement of federal law at the discretion of the President of the United States, such as with the 101st Airborne Division by President Dwight D. Eisenhower to integrate Little Rock Central High School in 1957.[citation needed]
Support roles under the Joint Special Operations Command.
Provide surveillance, intelligence gathering, observation, and equipment for domestic law enforcement on operations such as drug interdiction and counter-terrorism missions.