S-3562.1  _______________________________________________

                    SENATE JOINT MEMORIAL 8033

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Oke, Rasmussen, Roach, Horn, Rossi, Snyder, Winsley, Regala, Haugen, Benton, Sheahan, Hewitt, Morton, McCaslin and West

Read first time 01/18/2002.  Referred to Committee on State & Local Government.

Opposing federalization of the National Guard.

    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.

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