The National Guard & EMAC
The National Guard is heavily relied upon by states during emergencies and disasters thanks to the speed and efficiency as a force multiplier.
Since establishing EMAC in 1995, state have deployed National Guard in both State Active Duty and Title 32 in support of humanitarian missions in accordance with EMAC Article XIII.
ARTICLE XIII: ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Sec. 1385 of Title 18 of the United States Code.
The most common question about National Guard deployments under EMAC are those of duty status.
In general, the three National Guard duty statuses are:
- State Active Duty (SAD)
- Title 32 (T32)
- Title 10 (T10)
States deploy National Guard resources in SAD and T32 under EMAC - when they are under the control of their Governor. National Guard resources deploy under the control of the President under Title 10.
SAD and T32 are duty statues. Duty statuses are not a mechanism for a deployment outside of the home state. EMAC serves as that mechanism and provides protections (tort liability, workers compensation, etc.) for the deploying forces.
To authorize T32, the Governor of a state must request and receive approval for the use of T32 DoD funds from the Secretary of Defense. In that case, the EMAC mission is needed as the deployment mechanism and the funding for the mission is from the DoD.
A state may also use their T32 training dollars to pay missions. In some states, the EMAC Request for Assistance (RSA) must be completed in order to get the T32 training dollars reimbursed from the DoD (if funds are available).
In either case, the EMAC mission is needed as the deployment mechanism. As a note, reimbursement of the T32 training dollars is not guaranteed, it must be approved by DoD.
The deployment of resources outside of the state without EMAC may be a violation of the Anti-Deficiency Act.
The chart below should help to clarify the duty status for National Guard state domestic operations.
Take the online National Guard EMAC Course
The National Guard, a critically requested resource across the United States in times of emergencies and disasters, deploys through EMAC in State Active Duty and Title 32. This course provides an overview of the EMAC Process, EMAC law, National Guard responsibilities throughout the EMAC Process, as well as insight into the unique aspects between State Emergency Management Agencies, EMAC, and the National Guard.
Target Audience: National Guard Commanders, Operations, Staff, Logisticians, other members of the National Guard, and State Emergency Management Agency personnel.