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1 1 (November 24, 2021)

handle is hein.crs/goveewt0001 and id is 1 raw text is: SCongressional *aResearch Service Federal Control of the National Guard Not in Federal Service November 24, 2021 This CRS Insight discusses federal authority over state militia practices that diverge from Department of Defense policy and may adversely affect readiness of the National Guard of a state or the National Guard of the United States to perform federal missions under title 32 or title 10 of the U. S. Code, respectively. Background The federal government has broad authority over the National Guard. Congress may exercise its constitutional power to arm, organize, and discipline the militia as it considers necessary (U.S. Const., art. I, §8, cl. 16). The President of the United States must issue orders and regulations necessary to govern, organize, and discipline the National Guard (32 U.S.C. §110). The President's governance of the National Guard includes policy that applies to all states and National Guard members (Assoc. of Civ. Tech. v. U.S.A, USCA D.C. Cir. Case No. 09-5153 (Apr. 30, 2010), §II,p. 8). This federal authority is not exclusive: the National Guard is unique because it simultaneously possesses federal and state attributes making it responsible to both national and local sovereignty (Lipscomb v. FLRA, USCA 5th Cir. Case No. 02-60060 (Jun. 24, 2003), §II, p. 2). It is a single organization established as two entities-one state (National Guard), the other federal (National Guard of the United States) (In re Sealed Case, USCA D.C. Cir. Case No. 07-5251 (Jan. 6, 2009), §I, p. 2). Yet, the National Guard's functions and capabilities are almost exclusively funded and stipulated by the federal government (Perpich v. DOD, USSC Case No. 89-542 (Jun. 11, 1990), §II, p. 18 (351)). Whether state or federal authority controls the National Guard depends on both relevant law and the particular facts; using federal funds for their proper purpose can often be a primary consideration when making this determination (31 U.S.C. §1301(a)(d), see NG Fiscal Law Guidebook). Congress appropriates funds to train the National Guard and maintain its readiness for federal missions (32 U.S.C. §§106, 107, 708). The objective of the National Guard training policy is to train units that c an mobilize, deploy, fight, and win anywhere in the world ... with a minimum of ... training time (NGR 350- 1, para 1-5). The Army and the Air Force have broad discretion ... to regulate National Guard training (B-176491, Comp. Gen. Jul. 17, 1972). Congressional Research Service https://crsreports.congress.gov IN11808 CRS INSIGHT Prepared for Membersand Committeesof Congress

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