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U.S. SENATOR PATRICK
LEAHY
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CONTACT: Office of Senator
Leahy, 202-224-4242 |
VERMONT |
National Guard To Receive New Authority
To
Carry Out Homeland Defense Missions
WASHINGTON (Saturday, Oct. 9) -- The
National Guard will have expanded authority to carry out homeland
security missions under legislation authored by Senate National Guard
Caucus Co-Chairs Sen. Christopher (Kit) Bond (R-Mo.) and Sen. Patrick
Leahy (D-Vt.) that Congress has included in the annual Defense
Authorization Bill that will clear the House and Senate this weekend.
The Bond-Leahy Amendment authorizes the
nation’s governors to call up and command the National Guard for
homeland defense missions during national emergencies or designated
national security events. The new authority is an improvement over the
current arrangement under which the Guard serves instead under active
duty military authorities during national security events, which has
raised issues ranging from cost reimbursements to the legal ability of
Guard personnel to perform law enforcement functions.
Examples of national security missions in
which Guard units have been used include the G-8 Summit in Sea Island,
Ga.; airport, border and U.S. Capitol security after 9-11; the recent
Democratic and Republican National Conventions; and the 2000 Winter
Olympics in Salt Lake City.
Under the Bond-Leahy provision, these
missions will be carried out on a so-called Title 32 basis under the
command-and-control of the nation’s governors, allowing Guard members to
work seamlessly with federal and local first responders and law
enforcement agencies. Under the supervision of governors, command of
Guard units will not violate posse comitatus statutes, which
limit the military’s involvement in law enforcement activities, because
they serve under a governor’s and not an active duty military leader’s
supervision.
Under the new legislation, which is
strongly supported by governors and by Guard leaders, the Department of
Defense will reimburse states for carrying out these emergency homeland
security missions. It also establishes a new grant program that will
allow states to petition the Department of Defense for reimbursement for
carrying out these national security missions.
Through this authority and reimbursement
program, the legislation formalizes the informal command arrangement has
proven extremely effective on several previous occasions, most recently
during the national party conventions.
Senator Bond said, "This legislation just
makes sense. Our nation's governors most fully grasp the specific needs
and circumstances in our communities. This new authority will allow our
governors to utilize the Guard to better meet our states’ security
needs. It became even clearer after 9-11 that the Guard is critical to
our nation's security. This legislation recognizes the important role
our citizen-soldiers play."
Senator Leahy said, “The nation has
increasingly relied on the Guard after 9-11, and this change recognizes
the Guard’s importance to our homeland security. We are finally making
it clear that when carrying homeland security missions, the National
Guard should serve under the command-and-control of the nation’s
governors, who are accountable to their states and who know and
understand their communities. The National Guard has always played a
critical role in defending the nation, and the Guard has had some of its
finest moments since September 11th. This authority is a new
tool to help our Guard do the best job they can for the American
people.”
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