[KYHAM] KEN Training for November 17; ANNEX G Military Support

[Ron Dodson]

Often in disasters, members of The Ky National Guard and other
military resources will be called in to provide assistance.  This
week we examine a portion of Annex G from a typical county EOP
which discusses the use of military resources. Though we have no
direct interaction here, we need to understand HOW this works. 
In years past, many times people felt that they could just call
upon their ol' buddy over at "Fort Whatever" and get anything
they wanted.  This does not work in today's world and though some
old-timer's still dispute it, a proper chain of command for
getting military support MUST BE FOLLOWED.

First let's look at State Level deployment.

Assistance comes in one of tweo categories:

1.	Emergencies - The Kentucky National Guard will provide
personnel and military equipment requested by Kentucky Emergency
Management (KyEM) and authorized by Executive Order or directed
by the Adjutant General.

2.	Non-Emergency Assistance - The Kentucky National Guard will
provide military assistance to state agencies and local
governments as directed by the Adjutant General.  The Adjutant
General has delegated authority to the Plans, Operations &
Military Support Officer (POMSO) to review and approve most
requests for assistance.  Requests for Domestic Action Program
(DAP) assistance will also be approved by the POMSO. 
Extraordinary requests must be approved by the Adjutant General. 
DAPs and assistance requests that are questionable from a legal
perspective will be reviewed by the Staff Judge Advocate.

DIRECTION AND CONTROL for State Level Activation:

1.	The Kentucky State Area Command (STARC), under the command of
the Adjutant General, will assume operational control of all
military forces employed on emergency duty in Kentucky.  These
forces may include personnel from any of the other military
services, as well as the Kentucky National Guard.

2.	HQ, STARC-KY, Kentucky National Guard, will develop
contingency plans to respond to probable emergencies.  Units will
be organized into Task Forces compromised of selected units that
have the best capabilities for the required missions.

3.	In cases where no contingency plans have been developed, the
POMSO will coordinate with KyEM and the STARC staff to determine
the best courses of action.

CONCEPT OF OPERATIONS for State Control

1.	To activate the Kentucky National Guard, the Governor must
sign an Executive Order, putting the Guard on State Active Duty. 
This process starts when the County Judge Executive (or Mayor of
a major city) declares a local emergency and notifies the
Governor via KyEM office (502-564-7815) that adequate response is
beyond the capability of local government.  The only exception to
this policy is a commander's responsibility and authority to
respond to an emergency to save human life or prevent extreme
human suffering.

2.	The Kentucky National Guard will support state and local
agencies by allocating available resources based only on requests
forwarded from KyEM.  KyEM will define the mission and the
National Guard will determine the personnel and equipment
required to accomplish the mission.

3.	National Guard Units will not respond to requests for
assistance from local officials except in life or death
situations.  Requests submitted directly from local officials to
local National Guard units must be referred to KyEM.  KyEM will
determine if the National Guard should respond or if another
agency could better accomplish the task.  After the National
Guard is committed to an KyEM approved mission, the POMSO
authorizes the responding National Guard unit to coordinate
directly with the local officials (local government officials and
local EM coordinators) to accomplish the objectives.

4.	National Guard personnel on State Active Duty are subject to
the Kentucky Revised Statues (KRS) rather than Uniform Code of
Military Justice.  

At the Federal Level;

In the event of a national emergency involving attack on the
United States or other catastrophic event, the President of the
United States may federalize the Kentucky National Guard. 
Federal missions will be dictated by the Federal Response Plan
and higher headquarters in the active military components.


DIRECTION AND CONTROL for Federal Level;

After federalization, the Kentucky Army National Guard will
become subordinate to HQ, Second U.S. Army.  The Kentucky Air
National Guard becomes part of the 9th U.S. Air Force.

C.	The mission of STARC does not change.  The higher headquarters
changes from National Guard Bureau to Second U.S. Army.

D.	Command of National Guard units will, at all times, remain
with military commanders.  Commanders should coordinate closely
with regional state KyEM and county EM directors.


CONCEPT OF OPERATIONS for Federal Contrtol;

1.	After a federal declaration of emergency by the President and
execution of the Federal Response Plan, Kentucky National Guard
personnel will probably remain on State Active Duty.  Kentucky
can be reimbursed by the Federal Emergency Management Agency
(FEMA) for expenses incurred.  The advantages of remaining on
State Active Duty are:

*Posse Comitatus Act does not apply to state troops.
*No limitation on types of missions.
*No time lost converting from state to federal status.  No ID
card change, no change in entitlement, no change in
administrative procedures.
*More lenient state purchasing procedures remain effective.
*No Title 10, USC, orders required.

2.	STARC-KY (called Joint State Area Command (JSAC) under federal
status) will control all military forces in Kentucky.

3.	Second U.S. Army will be the STARC's higher headquarters, but
the mission is not expected to change.

4.	Administrative procedures for purchasing, payroll and payment
for other expenses are contained in USPFO Pamphlets.

5.	After federalization, National Guard personnel are subject to
the Uniform Code of Military Justice instead of the KRS Statutes.