Nation Guard US Operations Fact Sheet – Posse Comitatus Statutory Exceptions
Nation Guard US Operations Fact Sheet,
(sovereignthink emphasis added)
The Army National Guard’s federal mission is to maintain well-trained, well-equipped units available for prompt mobilization during war and provide assistance during national emergencies (such as natural disasters or civil disturbances). The ARNG’s units (or any Reserve component forces) may be activated in a number of ways as prescribed by ‘public law’. Most of the laws for Federal Mission operations are in Title 10 of the U.S. Code.
When serving under Title 10, “active duty” means full-time duty in the active military service of the United States.
Title 10 allows the President to “federalize” National Guard forces by ordering them to active duty in their reserve component status or by calling them into Federal service in their militia status. This includes the following forms of active service:
- Voluntary Order to Active Duty. With his or her consent and the consent of the Governor.
- Partial Mobilization. In time of national emergency declared by the President for any unit or any member for not more than 24 consecutive months.
- Presidential Reserve Call Up. When the President determines that it is necessary to augment the active forces for any operational mission for any unit or any member for not more than 270 days.
- Federal Aid for State Governments. Whenever an insurrection occurs in any State against its government, the President may, upon the request of its legislature or of its governor call into Federal service such of the militia of the other States. This is a statutory exception to the Posse Comitatus Act.
- Use of Militia and Armed Forces to Enforce Federal Authority. Whenever the President considers that unlawful obstructions, assemblages, or rebellion make it impracticable to enforce the laws of the United States in any State or Territory, he may call into Federal service such of the militia of any State. This is another statutory exception to Posse Comitatus
- Interference with State and Federal law. The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy. This is another statutory exception to Posse Comitatus
Air and Army National Guard.
Air and Army National Guard can specifically be called into Federal service in case of invasion, rebellion, or inability to execute Federal law with ‘active’ forces.
The National Guard Bureau (NGB), both a staff and operating agency, administers the federal functions of the Army National Guard (ARNG) and the Air National Guard (ANG). As a staff agency, the NGB participates with the Army and Air staffs in developing and coordinating programs that directly affect the National Guard. As an operating agency, the NGB formulates and administers the programs for training, development, and maintenance of the ARNG and ANG and acts as the channel of communication between the Army, Air Force, and the 50 states, three territories, and the District of Columbia where National Guard units are located.
When Army National Guard units are not under federal control, the governor is the commander-in-chief of his or her respective state, territory (Guam, Virgin Islands), or commonwealth (Puerto Rico). The President of the United States commands the District of Columbia National Guard, though this command is routinely delegated to the Commanding General of the DC National Guard. Each of the 54 National Guard organizations is supervised by the Adjutant General of the state or territory who also serves as the Director or Commanding General of the state military forces (in DC, only the Commanding General title is used).
When serving under Title 32 Active Duty, Title 32 service is primarily state active duty. This includes the following forms of active service:
- Title 32 State Active Duty (SAD).
The Governor can activate National Guard personnel to “State Active Duty” in response to natural or man-made disasters or Homeland Defense missions. State Active Duty is based on State statute and policy as well as State funds, and the Soldiers and Airmen remain under the command and control of the Governor. A key aspect of this duty status is that the Posse Comitatus Act (PCA) does not apply.
- Title 32 Full-Time National Guard Duty (FTNGD).
“Full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the National Guard. Title 32 allows the Governor, with the approval of the President or the Secretary of Defense, to order a member to duty for operational Home Land Defense (HLD) activities Posse Comitatus Act (PCA) does not apply IAW the United States Code (USC):
The key to state active service is that Federal Law provides the Governor with the ability to place a soldier in a full-time duty status under the command and control of the State but directly funded with Federal dollars. Even though this duty status is authorized by Federal statute, Posse Comitatus Act (PCA) does not apply; the Governor may use the Guard in a law enforcement capacity; and the chain of command rests within the State.
In the categories listed above, as well as on active duty for training (ADT) or inactive duty for training (IDT) orders, ARNG units or individuals may be mobilized for non-combat purposes such as the State Partnership Program, humanitarian missions, counterdrug operations, and peacekeeping or peace enforcement missions. Posse Comitatus Act (PCA) does not apply.