TO THE HONORABLE GEORGE
W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF
REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
We, your Memorialists,
the Senate and House of Representatives of the State of Washington, in
legislative session assembled, respectfully represent and petition as follows:
WHEREAS, Within days of
the September 11, 2001, terrorist attacks in New York City and Washington D.C.,
the nation's governors activated National Guard soldiers and airmen to augment
security at 422 of the nation's international airports; and
WHEREAS, In true
state-federal partnership, National Guard forces are providing aerial port
security under the command and control of the sovereign states, territories,
and the District of Columbia and the federal government is funding such duties
"in the service of the United States" under Title 32 U.S.C., Section
502 (f), hereinafter referred to as "Title 32 duty"; and
WHEREAS, Title 32 duty
has been used, inter alia, for more than twenty years for National Guard
full-time staffing, for National Guard support for local, state, and federal
law enforcement agencies under Governors' Counter-Drug Plans for more than
twelve years, for National Guard Civil Support Team technical assistance for
local first responders for more than two years, and for aerial port security
following the attacks of September 11. Of particular note, the National Guard
Counter-Drug Program has long included Title 32 support for United States
Customs, Border Patrol, and Immigration and Naturalization Service activities
at United States Ports of Entry; and
WHEREAS, In the
aftermath of the September 11 attacks, increased security and inadequate
federal staffing have limited the flow of persons, goods, and services across
our nation's borders. These factors have contributed to a serious weakening of
the American and Canadian economies, especially in states such as Washington;
and
WHEREAS, The governors
of northern tier border states wrote President Bush in November 2001 offering
to provide Title 32 National Guard augmentation for United States Customs,
Border Patrol, and Immigration and Naturalization Service operations at United
States ports of entry. Such relief could have been, and still can be, effected
within days of acceptance by the federal government; and
WHEREAS, There is still
no relief at our borders due to inaction on the governors' offer of Title 32
National Guard assistance and conflicting Department of Defense proposals to
federalize the National Guard or otherwise enhance border security with active
duty military personnel instead of Title 32 National Guard members; and
WHEREAS, Federalizing
the National Guard under Title 10 U.S.C. would degrade the combat readiness of
units from which Guardsmen would be mobilized, interfere with effective state
force management, and prevent personal accommodations for soldiers and their
civilian employers; and
WHEREAS, Stationing
federal military forces at the United States-Canada border would be an
unprecedented unilateral action by the United States; and
WHEREAS, The nation's
border states need prompt relief which can best be provided by Title 32
National Guard forces being deployed to assist lead federal agencies at the
borders "in the service of the United States," but under continued
state command and control; and
WHEREAS, The Washington
State Legislature opposes federalization of the National Guard or assignment of
federal military forces for United States border security;
NOW, THEREFORE, Your
Memorialists respectfully pray that Congress assures prompt augmentation of
lead federal agencies at the borders by accepting the governors' offer of
National Guard forces under state command and control pursuant to 32 U.S.C.
Sec. 502(f).
BE IT
RESOLVED, That copies of this Memorial be immediately transmitted to the
Honorable George W. Bush, President of the United States, the President of the
United States Senate, the Speaker of the House of Representatives, and each
member of Congress from the State of Washington.
