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1 1 (March 12, 2021)

handle is hein.crs/govecpy0001 and id is 1 raw text is: Inforrmi the Iitiv deb tin.14 0 Updated March 12, 2021 The National Guard and the COVID-19 Pandemic Response National Guard Today's state militias trace their lineage from colonial-era militias that predate the United States. The Constitution grants the Congress and President limited authority over a state's militia (U.S. Const., Art. I, §8; Art. 2, §2). State and territorial governors serve as Commander in Chief of their militia. Federal law establishes two classes of militia: organized militia and unorganized militia (10 U.S.C. §246). The unorganized militia consists of specified individuals who are not in the organized militia. The organized militia consists of the National Guard and Naval Militia. There are 54 organized militias: one in every state, in addition to Guam, Puerto Rico, the U.S. Virgin Islands, and the District of Columbia (DC). The National Guard is subdivided into the Army National Guard (ARNG) and the Air National Guard (ANG). The ARNG and ANG are also two of the seven reserve components of the armed forces of the United States, denoted as ARNGUS and ANGUS. The Organized Militia's Maritime Element The 54 organized militias have an ARNG and ANG as land and air elements. Approximately 30 have a Naval Militia; all but six are dormant. The Navy included Naval Militias among its reserves as the National Naval Volunteers in 1914, but it eliminated this reserve force before World War 11. National Guard Civil Support The National Guard is a multi-role force at the disposal of governors and, when activated under federal law, at the disposal of the President. It has primary responsibility to support state and local government responses to disasters and emergencies (DODI 3025.21). Such responses are part of the National Guard Civil Support (NGCS) mission, which is analogous to the Defense Support of Civil Authorities (DSCA) mission for active duty units (DODD 3025.18). NGCS is defined as support provided by the National Guard while in a State Active Duty status or Title 32 status to civil authorities for domestic emergencies, designated law enforcement, and other activities (CNGBI 3000.04). NGCS includes support to law enforcement agencies during civil disturbances (NGR 500-5). NGCS in the District of Columbia The DC militia is equivalent to a state militia (32 U.S.C. § 101), but the President is its Commander in Chief (D.C. Code §49-409). An executive order issued in 1969 delegates command of the DC National Guard (DCNG) to the Secretary of Defense, but orders calling out the DCNG for NGCS are subject to the direction of the President .... (E.O. 11485). State Activation When called out to state service by order of a governor, a militia activates to perform state active duty (SAD). Militia members on SAD receive state pay and benefits. Federal funds are not available for SAD unless and until the President declares an emergency or a major disaster. After such declaration, and if authorized under federal law, the Federal Emergency Management Agency (FEMA) may provide federal funds to an eligible requesting state. Emergency Management Assistance Governors may order their National Guard to provide NGCS in another state. Such support is subject to reimbursement and governed by state and federal law (P.L. 104-321). This type of support is performed through an Emergency Management Assistance Compact (EMAC). Federal Activation The militia may be federalized to performfederal service as a component of the U.S. armed forces (U.S. Const., Art. I, §8, cl. 15.1). The National Guard may be mobilized to perform active duty as a reserve component of the armed forces of the United States (U.S. Const., Art. II, §2, cl. 1.1.2). With gubernatorial consent, the National Guard may be federalized to performfull-time duty (FTNGD) as an autonomous force in the service of the United States (U.S. Const., Art. I, §8, cl. 16.1). Governors remain in command of FTNGD forces. Command of all other federally activated state forces transfers to the President. Full-Time National Guard Duty Activation to perform FTNGD occurs when a governor approves a request from the President for National Guard personnel to perform a federal operational support mission (32 U.S.C. §502(f); H.Rept. 109-452, p. 311). Such personnel receive federal pay and benefits and may perform only the duties that are authorized by their federal orders. Trump Administration FTNG D Policy On March 13, 2020, then-President Donald J. Trump issued a proclamation in which he declared a national emergency concerning the COVID-19 outbreak (Proc. 9994, 85 FR 15337). Such declarations normally are the first step in the process for authorizing FEMA to fund SAD. A few days after the declaration, the Council of Governors advocated that the Secretary of Defense develop a separate FTNGD request and activation process for NGCS pandemic response missions, in lieu of SAD, and distinct from Department of Defense (DOD) DSCA policy for FTNGD. On March 22, 2020, the President issued a memorandum that authorized 100% funding for FTNGD and directed the Secretary of Defense to request the National Guard from the three states listed in the memo (85 FR 16997) (45 states were later added, along with DC and 3 territories). Such funding is uncommon as the National Guard customarily supports disaster and emergency responses on SAD with its costs reimbursed from FEMA's public assistance fund. The https://crsreports.cong ress.gc

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