| Supplemental Info:
Title 32 Full-Time National Guard Duty
“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 Homeland Defense activities in accordance with the following sections of U.S. Code
(USC):
1. 32 USC 502 (f): This statue allows member of the National Guard to be ordered to full-time National Guard duty to perform operational activities. It was used for the Airport Security mission after 9/11 and also for Hurricane
Katrina and Rita response effort.
2. 32 USC § 901: The term “Homeland Defense activity” means an activity undertaken for the military protection of the territory or domestic population of the U.S., or of infrastructure or other asset of the U.S. determined by the
Secretary of Defense as being critical to national security and at risk of a threat or aggression against the U.S.
3. 32 USC § 902: Homeland Defense activities: funds. (a) The Secretary of Defense may provide funds to a Governor to employ National Guard units or members to conduct Homeland Defense activities that the
Secretary determines necessary and appropriate for participation by the National Guard or members.
The key to this instance 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 is directly funded with Federal dollars. Even though this duty status is authorized by Federal statue, this section is a statutory exception to the Posse Comitatus Act; the Governor may use the Guard in a law enforcement capacity while the chain of command rests in the State.
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