BILL REQ. #:  H-2060.2 

Read first time 02/27/2007.   Referred to Committee on State Government & Tribal Affairs.

     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, The Washington National Guard has served Washington well and faithfully since territorial times; and
     WHEREAS, Nearly 8,600 men and women of the Washington Air and Army National Guard continue to serve our state and nation, at home and abroad; and
     WHEREAS, The National Guard supports civil authorities in a multitude of ways that are particular to our local communities and to our state and region; and
     WHEREAS, The Militia clause of the United States Constitution guarantees to each state the right to maintain an organized militia (the National Guard) for the protection and defense of its citizens; and
     WHEREAS, The National Guard plans, trains, and exercises with local, state, and federal officials to provide relief under the Governor's control during emergencies and disasters that may befall the state of Washington or any other state; and
     WHEREAS, State control of the Guard in the event of such emergencies is critical to execution of the National Response Plan (NRP), the Washington State Comprehensive Emergency Management Plan (CEMP), city and county emergency plans, and all intrastate and interstate mutual aid arrangements such as the Emergency Management Assistance Compact (EMAC) and the Pacific Northwest Emergency Management Arrangement (PNEMA); and
     WHEREAS, Placing the Washington National Guard under federal control without the consent of the Governor would undermine the Guard's effectiveness and deprive the state of Washington of the ability to perform its most essential function, the protection of its own citizens; and
     WHEREAS, Section 1076 of the John Warner National Defense Authorization Act of 2007 (P.L. 109-364) was adopted without any public hearing and improvidently amended the federal Insurrection Act by authorizing the President to impose federal control over the National Guard, without notice, consultation, or consent of the Governor, in the event of a "natural disaster, epidemic or other serious public emergency, terrorist attack or incident" (emphasis added); and
     WHEREAS, The unilateral Presidential authority conferred by Section 1076 of P.L. 109-364 is similarly devoid of any required consultation or consent of the Congress; and
     WHEREAS, The provisions of Section 1076 of P.L. 109-364 were signed into law despite the opposition of the nation's governors acting on behalf of their respective sovereign states; and
     WHEREAS, imposing Presidential control over the National Guard for domestic purposes without the Governor's consent would negate the unity of local, state, and federal effort needed in times of domestic peril and would undermine the speed and efficiency with which the National Guard responds, under the Governor's control, to emergencies within the state of Washington and in support of other states through state-to-state mutual aid agreements such as the Emergency Management Assistance Compact (EMAC); and
     WHEREAS, S.513 and HR 869, if enacted into law, will rescind the objectionable provisions of Section 1076 of P.L. 109-364;
     NOW, THEREFORE, Your Memorialists respectfully urge the Congress to swiftly pass and the President to sign into law S.513 and HR 869.
     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.