Title 32 Status


Title 32 Status :

National Guard forces employed under State Active Duty or Title 32 status are providing support to the Governor of their State and are not part of Federal military response efforts. When the National Guard is deployed in State Active Duty status, the Governor retains command and control of forces inside his or her State or territory. State Active Duty is based on State statute and policy, and the State is responsible for all costs relating to the deployment. Title 32 Full-Time National Guard Duty refers to Federal training or other duty, other than inactive duty, performed by a member of the National Guard. Title 32 is not subject to posse comitatus restrictions and allows the Governor, with the approval of the President or the Secretary of Defense, to order a Guard member to duty to: (1) Perform training and other operational activities. (2) Undertake activities for the military protection of the territory or domestic population 1 of the United States, or of the infrastructure or other assets of the United States determined to be critical to national security, from a threat or aggression against the United States. (3) Conduct homeland defense activities that the Secretary of Defense determines to be 6 necessary and appropriate for participation by the National Guard units or members. (DHS, NRF Comment Draft, September 2007, p. 37)

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