Concept of the militia is that it is everybody or virtually everybody in the body politic. One of the more recent discussions of the militia concept i found in the d. C. Heller case, an individual Second Amendment case, however there was some dicta in there discussing the militia in its collective sense, and in there, the Supreme Court stated that unlike armies and navies, the militia is assumed by article 1 to already be in existence. Although the militia consists of all able bodied men the federal organized militia may consist of a subset of them, so there is a distinction between organized militia and unorganized militia, and the type of militia im going to discuss today is the organized militia, which is the National Guard. And this particular distinction between organized and unorganized militia is carried through into each state. Under state law, for example in maryland, where im a judge advocate in maryland as well, in the Maryland National guard, you can see that the state code defines the organized militia as the nonfederalized National Guard. The Inactive National Guard which is basically folks that have not yet all the way transitioned out of the guard. Theyre on a roster and can be recalled. And then something called the Maryland Defense force which i have a slide about at the very end which is a nonfederalized militia, and then, again, in maryland, for example, ablebodied individuals, which is everybody else thats not members of the previous organizations, would be the unorganized militia. So what you have is basically you have two National Guards. When brad earlier was talking about the federal government response and it only happens after the state is exhausted, well, the National Guard is both. For example, i have a commission from the president of the United States and i have a commission from the governor of maryland. So its this dual status that makes the National Guard a unique organization as well as a unique military force in the country. So that on the left of that slide, you can see where the organized militia is trained and appointed, et cetera, and has federal recognition, okay, but is governed by title 32 as far as command and control. And i have a command and control chart in the next slide or two that will explain this. It is under the command and control of the president. And the National Guard members flip back and forth between these two statuses depending on how their orders are cut. So basically if you one of the touchstone references is the perpage case. Basically perpage talked about the hat concept. You have your state militia hat, your civilian hat, your federal hat, and you can only wear one at a time so that when you are for example, i am on title 10 orders, so i have moved out of my title 32 status even though i still maintain it but its basically inactive status so that the governor of maryland, for example, has no command and control over me. The president has command and control over me. Now, since theres always an exception, there is something called dual status which you may read about in connection with disasters with a dual status commander, and that essentially is the president was given Statutory Authority to allow a member of the National Guard to be placed on active duty without losing his or her state status and vice versa, conversely, can detail a members of the active component to duty with the National Guard who can accept a commission in the National Guard without losing his or her regular appointment. But thats something that takes a secretary of defense approval. The president delegated that authority to the secretary of defense, and it happens, and we have a whole process set up for when that happens, but normally speaking those are individuals who are commanding in a unity of effort mode for a Disaster Response or for some other event like a National Security event. Okay, so what we have is the command and control scheme currently is on this side you have the state command and control on your title 32 which is the governor is in command through the adjunct general to the army National Guard or the ang. These dotted lines are coordination lines. Then you have the president through the secretary of defense and the ngb is not a command and control headquarters but its in this federal line as a coordination element, a joint activity of dod, and then youve got ngb over here. Now, when you have and then i didnt have room on that slide, but, you know, for the combatant forces, for example, northern command, they are also under the president agenci president s command and control. These are separate and distinct chains of command so that, for example, the president or the Combatant Commander or whoever cannot exert command and control over nonfederalized forces and vice versa. Any nonfederalized officer cannot exert command and control over federalized forces. When an individual is in dual status, ill show you how that works in a second. Okay. If youre in dual status, what happens is you still have your separate and distinct chains of command, but youve got they centralize in one individual. This is one individual who has is placed on active duty or has remained on active duty and been detailed to the guard and who has a commission in the state, and well call this notional state b so that as a tucks of the commission in that state has authority over the National Guard forces from that state. No other state because at present time there is no mechanism to become a member of more than one state National Guard at a time. So we dont have regional command and control authority. We have command and control authority down to one state, and then from the president we have command and control authority through the dual status in his title 10 hat to federal forces. And then if there are other states involved like a multistate operation, for example, and other, for example, in hurricane sandy, states sent their forces into other states to assist. The command and control over those forces still rests with the originating state, and when im talking about command and control the authority to courtmartial, to relief, to promote. But as an agreement the forces sent from state a to state b agree to cooperate with state b and do what they want so, for example, the dual status commander can tell forces from outside the state, look, i want you to go to the west side of town and set up a water distribution point. You know, and its all a unity of effort type operation. So that and so some of the legal issues that arise is, for example, i mentioned earlier posse comitatus does not apply to the nonfederalized National Guard but it does apply to federalized guardsmen and title 10 individuals. If theres a civil disturbance and theres some kind of Law Enforcement action taken by the troops, then you have to make sure that the authority is originating out of this chain of command and not this chain of command. So, you know, for lawyers, there are a number of issues that this raises just as far as separating the concepts and making sure that all of these concepts are applied in the right manner. So now what id like to do is talk about the level of effort that is presently being applied. Okay. Each one of those stars is three National Guard facilities, so the guard is very, very highly decentralized. It is rooted in just about every community in the u. S. So it is physically proximate to almost any incident that could occur, and as a result of that, every year the National Guard bureau keeps track of statistics. This is for fy 13 im sorry, let me preface this by saying the charts the numbers that im going to show you have been rolled out because the National Guard can provide assistance to state authorities in a couple different ways. All right. Youve got in title 32 as a primary purpose of the operation, in other words the guard would be ordered to duty to provide a response to, for example, the oil spill, you know, the deepwater horizon or a hurricane. That would be the primary purpose of that operation. Thats either through a statute, a preexisting statute such as that that authorizes the civil support teams, or its by the secretary of defense authority. In title 32 the secretary of defense has to approve the use of the National Guard in title 32. The second category is as an incidental benefit of training or military operations. For example, if we have a Truck Company that needs training on how to drive trucks, it is it makes more sense if theyre driving trucks that they can also, for example, haul goods and water or whatever to benefit perhaps a relief evident than to just take their empty trucks and drive around in circles on a military base and benefit nobody but themselves. So a lot of assistance is provided as an incident to training or operations, and the distinction there is that it has to be a training operation. The primary purpose is training and the incidental purpose is the assistance even though to the recipients of that assistance, that may be everything in the world to them. But, again, for lawyers, you know, you have to carefully make sure that its couched in the right terms because otherwise you run into fiscal issues when youre using training money for nontraining purposes. Then finally you have state active duty, and thats per state law, and each state law is a little different, and normally speaking the troops are using federal equipment. Theyre wearing their uniform so it still says u. S. Army, u. S. Air force, but they are not federal actors and they have no federal status, and theres complete control by the state chain of command so that the federal for example the regulations that would govern them if they were in title 32 do not apply in state active duty. So with that in mind, i want to show you some numbers which may astonish you mike, i apologize but were at the end of our time. Okay. If we could put a cap on it there. Absolutely. And then certainly be available for questions. Ladies and gentlemen, your moderators time management skills stink. We are literally at the end of our class, but our final speaker is colonel dawn zoldi. I would ask you, if i may, for those of you who can stay, afford her the courtesy of at least five minutes of your time, and then i will ask the Panel Members, weve eaten up our q a time. I will certainly remain and i would ask Panel Members to remain at the conclusion for those who would have questions so you might come forward and ask them. Our final speaker a skol dawn zoldi. Dawn is the staff judge advocate at the u. S. Air force academy. Shes been a judge advocate for 21 years. She is an associate professor, assistant professor, associate, at the u. S. Air forces a de s as an adjunct at the judge advocate generals school. Dawn is going to speak to you about the emerging, controversial, and important policies and potential statutory authorities as they relate to the domestic operational employment of drones. Dawn . Thank you so much. Thanks for your patience. Here i thought id have ten minutes of fame and i have five, so i will speak quickly. So to tie this all together, we heard about the strategic overarching concept of the interagency contribution to disaster operations, and then we heard about the dud role. We heard about one component of the dod, total forces National Guard and what i will focus on is one particular asset that, as mr. Mchale said, is controversial, uavs or what we in the aforce calls rpas, remotely piloted aircraft. Now, why am i calling them that . Because youre probably sitting there, is she talking about drones . I dont use that word, okay, because in the air force thats heresy to use the word drone. Unmanned aerial vehicle. We call them rp as, remotely piloted aircraft. In 2010 the air force formalized rpa training and made rpa pilots rated pilots just like the ones that fly manned aircraft, and words matter, and that makes a big difference because theyre not just unmanned. Theyre actually piloted by certifiy eied pilots so thats important. What can rpas bring to the fight for lack of a better term in a Disaster Response . I can tell you that they werent used in sandy, but i can also tell you because i was part of that effort as was colonel noyes, that they were used during the california rim wildfires, and it was one of the first events where those were used, and it was pretty exciting because for that particular effort, the fires were so persistent, so widespread, that putting a helicopter or a manned aircraft up over those fires was extremely dangerous. Not only that, but the loiter time for those manned aircraft was very minimal whereas an rpa can provide persistent coverage. What were talking about here is iaa in the military, which is incident awareness and assessment. So this was incredible. It actually changed the entire battle rhythm of the firefighters in california. They could actually work through the night and through the day for the first time and it really helped put that fire for lack of a better term in a box. So rpas are one of those assets that really have a unique role and also a great future i think in this particular area. Now, im going to talk for a second about privacy and security because i think when we talk rpas, thats the thing that jumps out at people. Thats the biggest concern. Okay, youre looking at the wildfire. What else are you looking at . What else are you videotaping up there . So lets talk about that for a second because what you need to understand about rpas are that there are very high level approval authorities, and Robert Salesses can be the first to attest to this. Unless youre training on a military base, if youre doing something with an rpa its going to be secdef approval. Thats how high the approval level is to utilize one of these particular assets. The other thing you need to understand is not only do they have to be authorized by the proper approval authority, they also have to, of course, suppco with the law. When i talk about the law here, im talking about in particular intelligence oversight policies and procedures, and those derive out of executive order 12333, and the dod has implemented that through a directive. Intelligence oversight is basically what protects american citizens from essentially being spied on. It protects privacy. And theres four pillars i call them thats part of this intelligence oversight regime. And thats collection, retention, desem nation, and oversight. And so the intelligence oversight policies that apply to all these operations, even for Something Like california rim wildfire and iaa would apply the intelligence oversight policies. How are you collecting, where are you collecting, who is getting to see it, how long are you keeping it, where is it going and, oh, if you dont do any of that right, there is an oversight regime that goes all the way up to congress and, of course, to the president. So thats the kind of protections that are in place when we utilize these particular assets. I dont know if i have like one minute left or what you can take five. I can take five more . Okay, great. Thats my pitch on rpas, and i think the great benefit that they can actually add to these kind of responses, but since i have five minutes, i will take those five minutes to talk very briefly about emerging legislation and i think how it could actually impact the ability to perform these operations with rpas. Theres 86 bills on the floor last year in various states, 42 states have introduced 86 different bills. I dont do public math but that means more than a couple bills per state for some of them, okay . Now, primarily these apply to Law Enforcement, and what they tell you is they prohibit the collection of information or evidence with the use of an rp a. Thats the general premise here. Theres exceptions, of course. The largest one is with a warrant. Another one that would be highly relevant to the arena is with in cases of imminent threat to life or imminent danger to property. Thats a big one, too. The reason why i even mention this at all, and i know some of you pointing out there have heard my talk earlier at the fundamentals of counterterrorism symposium, the reason why its important is because, you know, it if these are passed, they could really have effects on not only dod training but certainly my colleague over here, the National Guard, unless theres an exception in state status, these laws will apply, and the guard actually has a number of these assets. So its an Interesting Development in the law and how it will ultimately affect a whole myriad of operations, including dsca operations is up in the air but i think its something that is worth noting and worth continuing to explore, which i plan to do. So without further ado, i know im standing between you and lunch and thats a very dangerous place to be. So thank you for your time and attention and ill go ahead and hand it back over to mr. Mchale. Terrific, grace under pressure. Weve been granted a fiveminute reprie reprieve. For those of you who have personal commitments and must leave, feel free to do so. Id ask you to file to the outside so you dont block the camera coverage. For those of you who do have questions, we can stay five more minutes and would welcome those questions. Please come forward to the microphone, ask your question, and direct it toward, if possible, a specific panel member, and then well bring this to a conclusion joe tells me at 12 40. Questions . Good afternoon. Thank you for your presentations. Michael dougherty from raytheon. Busy trying to create a Public SafetyBroadband Network that would bring communications to