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APEX 22APEX 229 March 20069 March 2006

Mr. Christopher D. GardnerAssistant to the Chief, National Guard Bureau

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Militia Clauses

• US Constitution Art.1, Sec.8, Cl.15: To provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel invasions;

• US Constitution Art.1, Sec.8, Cl.16: To provide for organizing, arming, and disciplining, the militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

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Constitutionally Unique

SEC DefenseSEC Defense

PresidentPresident

GovernorsGovernors

Adjutants Adjutants GeneralGeneral

Chief of StaffChief of Staff

SEC Air ForceSEC Air Force

Chief of StaffChief of Staff

Chief, NGBChief, NGB

SEC ArmySEC Army

ARNGARNGUnitsUnits

ANG ANG UnitsUnits

CHANNEL OF COMMUNICATIONS

Director, Joint StaffDirector, Joint StaffNGBNGB

Vice CNGB,Director,Vice CNGB,Director, ARNGARNG

Vice CNGB, Director, Vice CNGB, Director, ANGANG

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A Community- Based Force

3,300 National Guard Installations in 2,700 Communities54 States and Territories

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National Guard Principles

Security and defense of our homeland here and abroad is mission #1

We are an institution of people . . . soldiers, airmen, families and employers

Transform, rebalance and leverage as we operate

Organize, train, equip and resource National Guard units like their active duty counterparts

Remain the essential force – the Constitutionally ratified, community-based, dual-missioned citizen militia (Art. 1, Sec. 8, Cls. 15 & 16 US Const.)

Do what is right for America

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National Guard Priorities

Recruiting/RetentionRebalancing/Restructuring

Future Total Air ForceArmy Modularity

Resourcing -- Reset and Equipping

-- Appropriate FTM

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National Guard(Army & Air)

Army Reserve

Air ForceReserve

Navy Reserve

Marine CorpsReserve

National GuardNational Guard

53.7%53.7%

Army - 350,000Army - 350,000

Air - 106,800Air - 106,800USARUSAR

24%24%

205,000205,000

USAFR 8.7% 74,000

USNR 8.6% 73,100

USMCR 4.6% 39,600

Guard & Reserve Make Up(Selected Reserves Authorized per NDAA 2006)

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The National Guard is the Nation’s best defense buy!

Cost Effective Capability4.5% of FY06 DoD Budget ($419.3 Billion) 53.7% of Selected Reserve

U.S. Army$98.6 Billion(23.5% DoD)

U.S. Air Force$102.9 Billion(24.5% DoD)

ARNG $11.6 BillionARNG $11.6 Billion

ANG $7.2 BillionANG $7.2 Billion

34%

USAF Aircraft

38% Army Force

Structure

12%

Army Budget

7%

USAF Budget

PLUSThe Federal/State Dual Use Dividend

FY 2006

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Roles & Missions

Army& Air

National Guard

StateMilitia

FederalReserve

Domestic Mission

State Mission

Homeland Security

Homeland Defense

Warfight

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Transformation Imperatives

Strategic Reserve Operational ForceActive Service DraftAmple time for buildupTime-phased, overseas

fightThreat-based forceLinear formationsSymmetric threatsSingle service/component

Volunteer/Recruited ForceNo/limited noticeAny time/any whereCapabilities-based forceModular unitsAsymmetric threatsJoint/multi-component/

multinational

Minuteman values and missions

transcend time1636 1903 (Dick Act) 2001

Constitutional Militia = Operational Force (since 1636)

Federal Role = Strategic Reserve (1903-2001),

but is since transforming

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National Guard Duty Options

• State Active Duty (SAD) – State funded and controlled• T32 – Federally funded, state controlled, with Federal plan validation/oversight)• T10 – Federally funded and controlled

Title 10Title 10DoD C2 DoD C2 DoD $DoD $

State Active DutyState Active DutyState C2 / $State C2 / $

State Benefits OnlyState Benefits Only

Title 32Title 32State C2 with DoD SA/State C2 with DoD SA/Coordinating AuthorityCoordinating Authority

through NGBthrough NGBDoD $ only / DoD BenefitsDoD $ only / DoD Benefits

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Status Considerations• Federalized Status

– T10• A Guard unit is called/ordered to Active Service by the President • Assigned through the parent Service to a Joint Force Commander for

an operational mission• Requires vetting process for mission approval and slows response

• Non-Federalized Status– SAD: For domestic disaster response efforts

• Called, controlled and funded by Governors, occasionally used to provide assistance to other States

• Use of federal equipment is often reimbursed by the State– T32: Primarily training and mobilization preparation

• Can be used as federally funded operational status under circumstances specified by Service Secretaries, SECDEF, POTUS

• As generally mandated by law, or as specifically mandated in law– Non-federalized National Guard operations not constrained by

Posse Comitatus Act

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Title 32 -- Flexibility

Title 32 provides the flexibility to the Nation to engage the Guard across the range of national response missions No Posse Commitatus Support to Law Enforcement Accountability and control to the Governor

Effective, efficient, comprehensive and rapid Geographically dispersed Centralized control, decentralized execution Keen understanding of environment

Maximizes habitual relationship with Emergency responders

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Member Benefit Comparison

SAD T32 T10

Medical Coverage State Military MilitaryDisability/Death State Military MilitaryRe-employment State State/USERRA USERRARetirement points None Points PointsDiscipline State State UMCJTort Claims State State/FTCA FTCAPay State Army/AF Army/AF

Bottom Line: Takes care of soldiers/airmen

15National Interest/Control, Decentralized Execution

Operational Title 32 MilitaryCivil

Overseas Conflict

BorderSecurityLocal & State

CrisisManagement

Preemptive andRetaliatory Strikes

MissileDefense/

Air Sovereignty

Law Enforcement(MSCLEA)

Regional ConsequenceManagement

(EMAC)

AirportSecurity

Local & State ConsequenceManagement

Counter Narco-

Terrorism

Physicalor CyberAttack onHomeland

NationalSecuritySpecialEvents

CriticalInfrastructure

Protection(CIP)

2 Swiftlydefeat

efforts intwo regions

1 Win

decisivelyin oneregion

1 Defense of the Homeland

TheaterSecurity

Cooperation

Homeland Defense in Depth

Governor Equities 4 Deter

forward infour critical

regions

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Initiatives

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Commitment to StatesHomeland Defense/Security

Provide sufficient capabilities under state control

Ensure appropriate capabilities/unit mixProvide a more predictable model for

operational rotations

February 2004

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Joint Core Capabilities

ESSENTIAL 10

Joint Force Headquarters (State) Civil Support Teams

Maintenance Aviation Engineer (Technical Search & Rescue) Medical (Mass Decon) Communications Transportation Security Logistics

50% - Homeland Defense - Homeland Security - National Response Plan - All Hazards Plans

25% Enhanced Pool Intensive TrainingGetting Ready

25%Mobilized

& Deployed

Forces

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Homeland Readiness

• Joint Force Headquarters (JFHQ)• 7/24/365 JFHQ’s Operations Centers• WMD Civil Support Teams (CST)• CBRNE Enhanced Response Force (CERFP)• Rapid and Quick Reaction Forces (RF/QRF)• Joint CONUS Communications Support

Environment (JCCSE)• Computer Emergency Response Teams (CERT)• Full Spectrum Infrastructure Vulnerability

Assessment Teams (FSIVA)

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Point of the Spear

Title 32Responsibilities

On Scene in4 to 24 Hours

Joint and Expeditionary Capabilities

Deploys within 72 Hrs/30 Days

NG AC

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Programs

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National GuardNational Guard

State Partnership Program State Partnership Program

Linking American States to Linking American States to other Nations for stronger other Nations for stronger

bilateral relationsbilateral relations

50 countries linked to 43 50 countries linked to 43 states, 2 territories and DCstates, 2 territories and DC

Minnesota / CroatiaMinnesota / CroatiaMississippi / BoliviaMississippi / BoliviaMissouri / PanamaMissouri / Panama

Montana / KyrgyzstanMontana / KyrgyzstanNevada / TurkmenistanNevada / Turkmenistan

New Hampshire / El SalvadorNew Hampshire / El SalvadorNew Jersey / New York / AlbaniaNew Jersey / New York / Albania

New York / South AfricaNew York / South AfricaNorth Carolina / MoldovaNorth Carolina / Moldova

North Dakota / GhanaNorth Dakota / GhanaOhio / HungaryOhio / Hungary

Ohio/Serbia and MontenegroOhio/Serbia and MontenegroOklahoma / AzerbaijanOklahoma / Azerbaijan

Pennsylvania / LithuaniaPennsylvania / LithuaniaPuerto Rico / HondurasPuerto Rico / Honduras

Puerto Rico / Dominican RepublicPuerto Rico / Dominican RepublicRhode Island / BahamasRhode Island / Bahamas

Tennessee / BulgariaTennessee / BulgariaTexas/Neb / Czech RepublicTexas/Neb / Czech Republic

Utah / MoroccoUtah / MoroccoVermont / MacedoniaVermont / Macedonia

Virginia / TajikistanVirginia / TajikistanWashington / Thailand Washington / Thailand

West Virginia / PeruWest Virginia / PeruWisconsin / NicaraguaWisconsin / Nicaragua

Alabama / RomaniaAlabama / RomaniaAlaska / MongoliaAlaska / MongoliaArizona / KazakhstanArizona / KazakhstanArkansas / GuatemalaArkansas / GuatemalaCalifornia / UkraineCalifornia / UkraineColorado / JordanColorado / JordanColorado / SloveniaColorado / SloveniaConnecticut / UruguayConnecticut / UruguayDelaware / Trinidad-TobagoDelaware / Trinidad-TobagoDistrict of Columbia / JamaicaDistrict of Columbia / JamaicaFlorida / VenezuelaFlorida / VenezuelaFlorida / GuyanaFlorida / GuyanaGeorgia / GeorgiaGeorgia / GeorgiaHawaii/Guam / PhilippinesHawaii/Guam / PhilippinesIllinois / PolandIllinois / PolandIndiana / SlovakiaIndiana / SlovakiaKansas / ArmeniaKansas / ArmeniaKentucky / EcuadorKentucky / EcuadorLouisiana / BelizeLouisiana / BelizeLouisiana / UzbekistanLouisiana / UzbekistanMaryland / EstoniaMaryland / EstoniaMaryland / BosniaMaryland / BosniaMassachusetts / ParaguayMassachusetts / ParaguayMichigan / LatviaMichigan / Latvia

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Counterdrug Program

"The traffic in drugs finances the "The traffic in drugs finances the work of terror… terrorists use work of terror… terrorists use drug profits to fund their cells to drug profits to fund their cells to commit acts of murder."commit acts of murder." - President George W. Bush- President George W. Bush

• In 2005, supported the seizure of more than 9.5 million lbs. of drugs, and helped confiscate 11,490 weapons, 4,357 vehicles and $242K in currency.

• NG Counterdrug Soldiers and Airmen played a major role in Hurricane Katrina operations in 2005, deploying 35 aircraft to the Southeast from 25 states.

• The Guard reached 5.1 million students and families – many in at-risk communities – through its Demand Reduction (DDR) program. The DDR programs focuses on community coalition building, substance abuse education, and youth mentoring.

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Family Programs

• The National Guard Family Program is a Joint Force initiative that serves as the foundation for support to families of Army and Air National Guard members. • As the Guard faces unprecedented increase in deployments, it is more vital than ever to ensure that families are prepared for the stresses of deployment and supported throughout the entire deployment cycle. • The Family Program acts as a network that allows families to mutually support one another. By providing families with information, resources, and support, the program strengthens both the unit and service member.

http://www.guardfamily.org/

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Youth Programs

National Guard Youth ChalleNGe Program

Mission: To intervene in and reclaim the lives of at-risk youth to produce program graduates with the values, skills, education and self-discipline necessary to succeed as adults. A preventive rather than remedial program targeting unemployed drug-free and law-free high-school dropouts between 16 and 18 years of age.

ChalleNGe Program: 25 states and one territory totaling 30 program sites.

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Youth Programs

STARBASE

Mission: To raise the interest and improve the knowledge and skills of at-risk youth in math, science, and technology by exposing them to technological environments and positive role models found on military bases and installations. The program also addresses drug use prevention, health, self esteem and life skills within a math- and science-based program.

•STARBASE Program: 20 states and one territory totaling 31 program sites.

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Sports ManagementMission: Establish policy and guidance for administration of competitive sports, integrate sports activities Guard-wide, assist and enhance recruiting and retention in the National Guard, support DoD sports related activities, and provide liaison between DoD and the states. The program starts at the novice level and supports opportunities for Army/Air National Guard athletes to reach the highest levels of amateur competition.

CNGB Programs:• National Guard Marksmanship Training Unit, Arkansas• All-Guard Biathlon Team, Vermont• All-Guard Marathon Team, Nebraska• International Leapfest, Rhode Island

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ReadyReliable

EssentialAccessible

. . . Offering uniquely American solutions. . . Offering uniquely American solutionsto the complex security challenges our to the complex security challenges our nation faces both at home and abroad.nation faces both at home and abroad.

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Back Up

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National Guard Duty Options

• State Active Duty (SAD) – State funded and controlled• T32 – Federally funded, state controlled, with Federal plan validation/oversight)• T10 – Federally funded and controlled

Title 10Title 10DoD C2 DoD C2 DoD $DoD $

State Active DutyState Active DutyState C2 / $State C2 / $

State Benefits OnlyState Benefits Only

Title 32Title 32State C2 with DoD SA/State C2 with DoD SA/Coordinating AuthorityCoordinating Authority

through NGBthrough NGBDoD $ only / DoD BenefitsDoD $ only / DoD Benefits

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Status Considerations• Federalized Status

– T10• A Guard unit is called/ordered to Active Service by the President • Assigned through the parent Service to a Joint Force Commander for

an operational mission• Requires vetting process for mission approval and slows response

• Non-Federalized Status– SAD: For domestic disaster response efforts

• Called, controlled and funded by Governors, occasionally used to provide assistance to other States

• Use of federal equipment is often reimbursed by the State– T32: Primarily training and mobilization preparation

• Can be used as federally funded operational status under circumstances specified by Service Secretaries, SECDEF, POTUS

• As generally mandated by law, or as specifically mandated in law– Non-federalized National Guard operations not constrained by

Posse Comitatus Act

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Title 32 -- Flexibility

Title 32 provides the flexibility to the Nation to engage the Guard across the range of national response missions No Posse Commitatus Support to Law Enforcement Accountability and control to the Governor

Effective, efficient, comprehensive and rapid Geographically dispersed Centralized control, decentralized execution Keen understanding of environment

Maximizes habitual relationship with Emergency responders

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Member Benefit Comparison

SAD T32 T10

Medical Coverage State Military MilitaryDisability/Death State Military MilitaryRe-employment State State/USERRA USERRARetirement points None Points PointsDiscipline State State UMCJTort Claims State State/FTCA FTCAPay State Army/AF Army/AF

Bottom Line: Takes care of soldiers/airmen

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Duty StatusesState Active Duty Title 32 Title 32 - Chapter 9,

Homeland Defense Title 10

Command and Control14

StateGovernor

StateGovernor

State Governor

FederalPresident

Who performs duty

Militia ARNG/ANGFederally recognized

Militia

ARNG/ANGFederally recognized

Militia

ARNGUS/ANGUSReserve

Components

Where duty performed

IAW state law States & Territories States & Territories Worldwide

Pay IAW state law Federal pay & allowances

Federal pay &allowances

Federal pay & allowances

Federal reimbursement

IAW Stafford Act9 orCooperative Agreement10

N/A personnel costs paid by DoD funds

N/A personnel costs paid by DoD funds,

or funds under Economy Act

N/A personnel costs

paid by DoD funds

PCA[1] application No No No Yes

USERRA[2] No, IAW state law Yes Yes Yes

SSCRA[3] No, IAW state law No Yes, if more than 30 days & national

emergency in effect

Yes

Mission types IAW state law Training, duty in support of training, Countedrug, CST12

Federally authorized operational missions

IADT, ADSW, AGR

and others13

Discipline State military code State military code State military code UCMJ5

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Joint CombinedState Strategic Plans

Request forCapabilities

Request for Forces

Joint Staff

CoComGovernor

NGB

JFHQ

TAG

Services

Field TheT10 Force

DistributeCapabilities

Integrate NeedsLeverage Forces

Deliver Capabilities

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Commitment to StatesAir National Guard Forces

Provide a flying unit in every stateEnsure missions and capabilities remain

relevant and essential Position and transform forces for emerging

missions and new opportunities

July 2005

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Full Spectrum Global Force

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National Guard ManpowerProgrammed EOY FY06 - 456,800 Total

Army National Guard77%350,000

Air National Guard23%106,800

ASMASM