THE NATIONAL GUARD
INTRODUCTION: National Guard forces normally operate in state active duty (SAD) status when responding to disasters and civil emergency. During such assistance efforts, one of their primary functions is to reinforce law enforcement agencies. The National Guard, once federalized, like the Active Army, becomes bound by the Posse Comitatus Act and loses the ability to act as a law enforcement agency.
In Florida the National Guard performed its mission in a SAD status following Hurricane Andrew. A plan was in place, and units were trained and tested during previous emergencies. This preparation and training enabled the National Guard to provide immediate response and assistance to law enforcement agencies and other civil authorities throughout the disaster area.
As the storm approached the southeast coast of Florida, the Adjutant General activated units in its forecasted path. Other units throughout the state were placed on alert. Soldiers living in the path of the storm were assembled at armories north of the storm to provide a ready response force. Early activation worked well considering the uncertainties of the hurricane's path.
As the hurricane passed through Homestead, Florida City, and Southern Dade County, National Guard forces moved from the Miami armory into devastated areas. By this time, the civilian population, which had evacuated Homestead and Florida City areas, were now returning to their homes. The combination of military and civilian traffic caused a tremendous traffic problem and prevented military forces from arriving in the disaster area in a timely manner. During the first few days of relief operations, the National Guard provided security to prevent looting and rioting, provided medical treatment, cleared streets and highways, transported and distributed food, water, and medical supplies, and assisted in providing food and temporary shelter facilities for displaced families.
As federal assistance began to arrive, many relief functions were transferred to the federal military (JTF Andrew), allowing the governor to focus the National Guard efforts toward support of law enforcement. Through frequent and continuous support to law enforcement agencies over the past three years in counterdrug efforts, the National Guard was able to respond immediately to the needs of those agencies. Support request procedures and liaison had been established and were operational before the arrival of Hurricane Andrew.
The National Guard did an outstanding job of providing disaster assistance support to victims of Hurricane Andrew. However, with the overwhelming amount of devastation in the hurricane's path, it was necessary to augment the state's resources with those of the federal government. The National Guard provided an essential link between the state government and the federal military. This activity is invaluable in accomplishment of a disaster assistance mission. As the governors' first line of defense in times of disaster and civil emergency, the National Guard must coordinate closely with the Active Component for mutual support. Unity of effort in disaster operations is the key to success.
TOPIC: Federalization of the National Guard.
DISCUSSION: Under a joint task force established for a civil emergency, federalization of National Guard forces provides for a single, unified military command structure and relieves the state of the financial burden of the National Guard's efforts. As an instrument of the governor of the state, the National Guard is not bound by section 1835, Title 18 U.S.C. (The Posse Comitatus Act). It is, therefore, capable of enforcing civil laws.
During natural and man-made disasters, it is necessary to increase law enforcement efforts to prevent or stop looting and rioting, to control traffic, and to provide for general public safety. Once federalized, the National Guard, like the Active Army, becomes bound by the Posse Comitatus Act and loses the ability to reinforce local law enforcement agencies. At that time, the governor has lost a valuable resource.
LESSON(S): As disaster assistance doctrine is developed, ensure all language and plans for the National Guard to provide their services are in a SAD status, under the command and control of the governor of that state, with proactive liaison to coordinate efforts to increase effectiveness and eliminate needless redundancies.
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