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DNG BRIEFINGS

STATE MISSION

When Delaware National Guard units are not mobilized or under federal control, they report to the Governor of Delaware. Under state law, the National Guard provides protection of life, property and preserves peace, order and public safety. These missions are accomplished through emergency relief support during natural disasters such as floods, earthquakes and forest fires; search and rescue operations; support to civil defense authorities; maintenance of vital public services and counterdrug operations. The NG also adds value to local communities through engineering projects provided under the Innovative Readiness Training program, and mentors at-risk youth through our Youth Challenge program.When serving under Title 32 Active Duty, Title 32 service is primarily state active duty. This includes the following forms of active service:

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

“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 HLD activities 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/Airmen 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, this section is a statutory exception to the Posse Comitatus Act; 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, NG 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.

FEDERAL MISSION

The Delaware National Guard’s federal mission is to maintain properly trained and equipped units, available for prompt mobilization for war, national emergency, or as otherwise needed. The Air and Army National Guard are partners with the Active Air Force and Army and the Army and Air Force Reserves in fulfilling the country’s military needs. During an average year, Soldiers and Airmen are pulled for duty in more than 80 countries in a wide variety of operations including peacekeeping, stabilization, security, nation building, etc. DE National Guard units 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 Government – 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
  • 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