JP 3-28, Civil Support - Federation of American Scientists

Chapter II
(2) National Guard. The NG is both part of the RC of the United States military and a
constitutionally authorized organized militia. Traditionally the NG serves its states, and local communities,
under the militia clause and serves as a strategic, and operational, reserve of the United States. The
Army National Guard (ARNG) and the Air National Guard (ANG) of the United States (ARNGUS
and ANGUS respectively) are federal reserve components and are federally funded to meet federal
service specific training requirements. Every National Guardsman belongs to both their respective State
ARNG or ANG and the corresponding federal component as well (ARNGUS or ANGUS.) The NG
is a critical resource in domestic emergencies and is an effective force multiplier to civil authorities in
responding to disasters or acts of terrorism at the state and local level.
(a) The Army and Air NG are established in 54 states and territories, including the
Commonwealth of Puerto Rico, the Territory of the US Virgin Islands, the territory of Guam, and the
District of Columbia. With the exception of the District of Columbia whose head is the “Commanding
General” and reports through channels ultimately to the President of the United States, the head of the
NG in each state is the adjutant general (TAG), who reports to the governor.
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(b) Unlike the federal reserve, a member of the NG may serve in one of three statuses:
1. Title 10 USC status – federal active duty. The member is ordered to active duty
under various sections of Title 10 USC. Pay and allowances are federally funded, and the member is
under federal command and control and subject to the UCMJ.
2. Title 32 USC status. This status is used for both training and certain operational
missions. A member’s pay and allowances are federally funded, but the member is under state C2 and
subject to the state military code versus the UCMJ. For training, this status includes weekend drills,
annual training, and certain other types of training paid out of reserve force appropriations. Operationally,
this status is used for CD missions, HD activities, and the WMD CS teams. Title 32 USC status has
also been used to secure strategic facilities, such as airports, pharmaceutical labs, nuclear power plants,
and border crossings.
3. State Active Duty status. Under provisions of state law a member can be
ordered to state active duty under the C2 of a governor. Pay and allowances are state funded and
the member is subject to the state military code versus UCMJ. This status is typically used for
state responses to natural and man-made disasters and civil disturbances.
(c) Unless activated in federal service (Title 10 USC), the NG is under state or
territorial control. Title 32 USC confirms the state or territorial control over the NG in peacetime
without the restraint of the PCA and is the preferred status for domestic employment and is
consistent with the NRP for CS operations.
(d) The NG in state active duty or Title 32 USC status is likely to be the first military
force to provide support for a CS incident. Under the command of a governor, NG actions are closely
coordinated with those of state agencies, state political subdivisions, tribal governments, neighboring
and supporting states, NGOs, and federal agencies, to include DHS and DOD. In many states, TAG
JP 3-28