Army r500-50, Civil Disturbance - 1972

b. Federal Armed Forces employed in aid of the civil authorities will be, under the command of, and directly responsible to, their military and civilian superiors through the Department of the Army chain of command. They will not be placed under the command of an officer of the State defense forces or of the National Guard not in the Federal service or of any local or State civil official. As directed by the Army Chief of Staff, military commanders will be responsive to authorized Federal civil officials.

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Department of the Navy SECNAV Instruction 3062.1B

08 Aug 1986

4. Continuous review shall be made of missions and capabilities for the effective wartime utilization on active duty of minimally disabled or over-age personnel with current or prior military service, including the study of assignments which directly support state defense forces, civil defense, or other aspects of the internal defense of the United States and its possessions.

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Army Regulation 700–131
Logistics
Loan and Lease of Army Materiel

1 September 1996

w. The loan or lease of military equipment for the following purposes is prohibited:

(1) State Defense Forces authorized under Section 109(c) of Title 32, USC.

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Army Regulation 700–131
Logistics
Loan, Lease, and Donation of Army Materiel

23 August 2004

No mention of state defense forces.

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Army Institute for Professional Development (AIPD)
Course: MP 1004
Lesson 2 - Legal Aspects of Civil Disturbance - 1994

4. Command.

a. Military Forces. When federal military forces come in, the assigned commander must act to fulfill his mission. In the fulfillment of his mission, he must measure his authority. The people in the affected area must know the rules of conduct and other measures to be taken by the military. These should be announced by local order. They should be given the widest possible publicity.

b. Limitations. Federal military forces will not be placed under the command of an officer of the state defense forces, the National Guard, or any state, local, or federal civilian official (AR 500-50).

c. Command of State Troops. State defense forces or state National Guard troops not in federal service may be directed by a United States Army officer with the consent of the governor or other appropriate state official. The Directorate of Military Support is directly responsible for aiding in making policies and procedures for calling the National Guard to active federal service. It also orders other Reserve Components to active duty for use in civil disturbance operations, as well as developing the appropriate measures for employing federal troops. The Personal Liaison Officer, Chief of Staff, Army (PLOCSA), gets state authorities to cooperate with state forces or state National Guard troops not in federal service. They must also cooperate with the military commander in the area.

...

Army JAG
JA 221 Law of Military Installations Deskbook
September 1996

Page 3-45

g. Military task force commander. The military task force commander is the duly designated military commander at the civil disturbance objective area. The military task force commander takes action to the extent necessary to accomplish the mission. In the accomplishment of the mission, reasonable necessity is the measure of authority, subject to instructions received from superiors. The task force commander will cooperate with and assist, to the fullest extent possible, the Governor and other state and local officials and forces, unless or until such cooperation interferes with the accomplishment of the mission. Even though the task force commander may direct subordinate elements of the command to assist designated civil authorities or police officials, military personnel will not be placed under the command of any local or state civil official, officer of the state defense forces, or officer of the National Guard not in federal service. This requirement does not preclude the establishment of joint patrols and jointly manned fixed posts.

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Airpower Research Institute Paper

Air Force Use of State Defense Forces in Homeland Security (2004)

http://www.geocities.com/michaelallengates/AirForceUseofSDFs2004.pdf

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EIGHTY-SIXTH NATIONAL CONVENTION
OF
THE AMERICAN LEGION
NASHVILLE, TENNESSEE
August 31, September 1, 2, 2004

Resolution No. 171: Support For State Defense Forces
Origin: Maryland
Submitted by: Convention Committee on National Security

WHEREAS, The American Legion as an organization of war veterans supports efforts to meet National and civilian defense needs in peacetime and wartime; and

WHEREAS, The National Guard of the various states have duel federal and state missions in peacetime which become nearly exclusively federal missions in wartime; and

WHEREAS, The Congress of the United States (32 U.S. C. 109) has recognized the need for states to organize and maintain State Defense Forces in addition to the National Guard in peacetime to maintain public safety and order, to protect essential resources and facilities, to combat terrorism, and to perform those state missions independently when the National Guard is federalized or mobilized and not available to the state; and

WHEREAS, Currently 24 states and the Commonwealth of Puerto Rico maintain State Defense Forces under the command and control of the various state Adjutants General but these states are limited in their ability to properly train and support these patriotic volunteers because of an inability to obtain federal support; and

WHEREAS, Legislation has been introduced in the Congress of the United States to provide federal support for the states to organize, equip, train and maintain State Defense Forces at little or not cost to the federal government; now, therefore, be it

RESOLVED, By The American Legion in National Convention assembled in Nashville, Tennessee on August 31, September 1, 2, 2004, That The American Legion shall support legislation before the Congress of the United States to provide federal support for the State Defense Forces so that they can fully support Homeland Security and assist in the War on Terrorism.

http://www.geocities.com/michaelallengates/Legion2004.pdf

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National Public Radio (NPR)

'State Guard' Forces Tap Volunteer Spirit
March 27, 2004

http://www.npr.org/templates/story/story.php?storyId=1794335

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Not So Much to Say About Homeland Security —What’s Missing from the Pentagon’s Vision for its Future Role in Safeguarding U.S. Soil By James Jay Carafano

A paper presented to the Conference on Implementing the 2005 Quadrennial Defense Review (QDR) at the National Defense University, Washington, DC December 16, 2006.

The Quadrennial Defense Review (QDR), released in February of 2006.


http://www.geocities.com/michaelallengates/Carafano.pdf

except...

What About the Forgotten Guard
As the Pentagon considers how it will implement the White House mandate to transform the National Guard, it should give some serious consideration to a too long neglected issue –the appropriate role of State Defense Forces in the national response. U.S. law allows states to raise and maintain state defense forces (SDF). These forces can be critical to states when their National Guard forces are deployed on federal missions. And, as the emergency response to Hurricane Katrina demonstrated, these groups can be an important supplement to the National Guard, particularly during catastrophic disasters. When trained, disciplined, and well organized, local responders are essential for providing immediate aid and security. The Pentagon should play a role in encouraging states to better organize, train, equip and plan for the employment of these volunteer units.

...

MARINE CORPS ORDER 5725R.7C

ASSOCIATION OF MEMBERS OF THE SELECTED MARINE CORPS
RESERVE (SMCR) WITH A STATE NAVAL MILITIA

MARINE CORPS ORDER 5725R.7C