https://crsreports.congress.gov
Updated March 12, 2021
The National Guard and the COVID-19 Pandemic Response
National Guard
Today’s state militias trace their lineage from colonial-era
militias that predate the United States. The Constitution
grants the Congress and President limited authority over a
state’s militia (U.S. Const., Art. I, §8; Art. 2, §2). State and
territorial governors serve as Commander in Chief of their
militia. Federal law establishes two classes of militia:
organized militia and unorganized militia (10 U.S.C. §246).
The unorganized militia consists of specified individuals
who are not in the organized militia. The organized militia
consists of the National Guard and Naval Militia. There are
54 organized militias: one in every state, in addition to
Guam, Puerto Rico, the U.S. Virgin Islands, and the District
of Columbia (DC). The National Guard is subdivided into
the Army National Guard (ARNG) and the Air National
Guard (ANG). The ARNG and ANG are also two of the
seven reserve components of the armed forces of the United
States, denoted as ARNGUS and ANGUS.
National Guard Civil Support
The National Guard is a multi-role force at the disposal of
governors and, when activated under federal law, at the
disposal of the President. It has primary responsibility to
support state and local government responses to disasters
and emergencies (DODI 3025.21). Such responses are part
of the National Guard Civil Support (NGCS) mission,
which is analogous to the Defense Support of Civil
Authorities (DSCA) mission for active duty units (DODD
3025.18). NGCS is defined as “support provided by the
National Guard while in a State Active Duty status or Title
32 status to civil authorities for domestic emergencies,
designated law enforcement, and other activities” (CNGBI
3000.04). NGCS includes support to law enforcement
agencies during civil disturbances (NGR 500-5).
State Activation
When called out to state service by order of a governor, a
militia activates to perform state active duty (SAD). Militia
members on SAD receive state pay and benefits. Federal
funds are not available for SAD unless and until the
President declares an emergency or a major disaster. After
such declaration, and if authorized under federal law, the
Federal Emergency Management Agency (FEMA) may
provide federal funds to an eligible requesting state.
Federal Activation
The militia may be federalized to perform federal service as
a component of the U.S. armed forces (U.S. Const., Art. I,
§8, cl. 15.1). The National Guard may be mobilized to
perform active duty as a reserve component of the armed
forces of the United States (U.S. Const., Art. II, §2, cl.
1.1.2). With gubernatorial consent, the National Guard may
be federalized to perform full-time duty (FTNGD) as an
autonomous force in the service of the United States (U.S.
Const., Art. I, §8, cl. 16.1). Governors remain in command
of FTNGD forces. Command of all other federally activated
state forces transfers to the President.
Full-Time National Guard Duty
Activation to perform FTNGD occurs when a governor
approves a request from the President for National Guard
personnel to perform a federal operational support mission
(32 U.S.C. §502(f); H.Rept. 109-452, p. 311). Such
personnel receive federal pay and benefits and may perform
only the duties that are authorized by their federal orders.
Trump Administration FTNGD Policy
On March 13, 2020, then-President Donald J. Trump issued
a proclamation in which he declared a national emergency
concerning the COVID-19 outbreak (Proc. 9994, 85 FR
15337). Such declarations normally are the first step in the
process for authorizing FEMA to fund SAD. A few days
after the declaration, the Council of Governors advocated
that the Secretary of Defense develop a separate FTNGD
request and activation process for NGCS pandemic
response missions, in lieu of SAD, and distinct from
Department of Defense (DOD) DSCA policy for FTNGD.
On March 22, 2020, the President issued a memorandum
that authorized 100% funding for FTNGD and directed the
Secretary of Defense to request the National Guard from
the three states listed in the memo (85 FR 16997) (45 states
were later added, along with DC and 3 territories). Such
funding is uncommon as the National Guard customarily
supports disaster and emergency responses on SAD with its
costs reimbursed from FEMA’s public assistance fund. The
