U.S. SENATOR PATRICK LEAHY

WASHINGTON (Tuesday, Oct. 26) – The chief the National Guard has commended Sen. Kit Bond (R-Mo.) and Sen. Patrick Leahy (D-Vt.) for their recently enacted legislation that will give the Guard new authority in carrying out homeland security missions. 

At a meeting in Washington, D.C., on Saturday, Oct. 23, with the 54 Adjutants General of the United States, Lieutenant General Steven H. Blum, chief of the National Guard Bureau, awarded Leahy and Bond with the National Guard Bureau’s Distinguished Service Award.  General Blum said in his presentation that the award was made to the lawmakers for their “historic and precedent-setting legislation to strengthen the role of the National Guard in Homeland Defense." 

The newly enacted Fiscal Year 2005 Defense Authorization Bill includes legislation authored by Bond and Leahy -- the co-chairs of the U.S. Senate’s National Guard Caucus -- which gives the Guard expanded authority to carry out homeland security missions.

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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