[Congressional Record Volume 149, Number 12 (Thursday, January 23, 2003)]
[Senate]
[Pages S1490-S1492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Bond, Mr. Leahy, Mr. 
        Lieberman, Mr. Gregg, Mrs. Murray, Mr. Johnson, Mrs. Clinton, 
        Mr. Breaux, and Mr. Feingold):
  S. 215. A bill to authorize funding assistance for the States for the 
discharge of homeland security activities by the National Guard; to the 
Committee on Armed Services.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce legislation to 
give the National Guard an enhanced role in homeland security. I am 
pleased that Senators Bond, Leahy, Lieberman, Gregg, Murray, Johnson, 
Clinton, Breaux, and Feingold join me as cosponsors of the bill.
  In essence, the bill would permit each governor to create a homeland 
security activities plan for the National Guard in his or her State, 
and authorize the Secretary of Defense to provide oversight and funding 
for such plans.
  The legislation is modeled after the existing successful National 
Guard counterdrug program, which was established under 32 U.S.C. sect. 
112.
  Under this program, the National Guard is used to provide support to 
law enforcement to help stop illegal drugs from being imported, 
manufactured, and distributed, and in supporting drug demand reduction 
programs.
  The bill is supported by the co-chairs of the Senate National Guard 
Caucus, the National Governors' Association, the Adjutants General 
Association of the United States, the National Guard Association of the 
United States, and National Guardsmen across the country.
  Giving the Guard an enhanced role in homeland security makes sense 
because the Guard connects local communities to the Federal Government, 
is located in almost every American community, and has the 
capabilities, legal authority, and structure to help respond to attacks 
on the homeland.
  In addition, such an enhanced role would return the National Guard 
more to what was envisioned by the founders of this country.
  Colonial militias protected their fellow citizens from Indian attack, 
foreign invaders, and later helped win the Revolutionary War.

[[Page S1491]]

  And during the 19th century, the militia provided the bulk of the 
troops during the Mexican war, the early years of the Civil War, and 
the Spanish-American War.
  It was not until 1903 that Congress passed legislation to increase 
the role of the National Guard as a Reserve force for the U.S. Army
  Now, the National Guard has a dual Federal/State mission. In their 
role as State militias, Guard units are often activated for homeland 
duty under Title 32 and thus come under the command of the State 
governor.
  In this status, they are exempt from the Posse Comitatus Act, which 
generally restricts law enforcement to civil authorities, and thus are 
used as the armed forces' primary provider of support to civil 
authorities.
  The National Guard's access to military command and control, 
discipline, training, and equipment also makes it well suited to 
coordinate with and aid police, fire, medical, and other emergency 
responders.
  The Army National Guard maintains over 3,000 armories around the 
Nation and the Air National Guard has 140 units throughout the United 
States.
  There are about 460,000 National Guard members that train throughout 
the year, 353,000 Army National Guard and 106,000 Air National Guard.
  The approximate numbers of National Guard in individual States run 
from about 1,000 to 21,000, and vary according to the population of the 
State and recruitment efforts.
  In light of the September 11 attacks on the World Trade Center and 
Pentagon as well as the October 2001 anthrax attacks on Congress and 
the media, many of us have come to believe that the National Guard 
should play a more central role in responding to terrorist attacks, 
particularly those with weapons of mass destruction.
  In fact, the Guard has already played an important role in helping 
respond to these attacks, not only at the site of the attacks but also 
at airports, around the Capitol, and elsewhere.
  For example, the National Guard currently has a number of Civil 
Support Teams that assess a suspected weapon of mass destruction event, 
advise first responders, and facilitate the assistance of additional 
military forces, if needed.
  The National Guard is well-suited to performing an enhanced homeland 
security mission for many reasons. These reasons include that the fact 
the Guard is already: deployed in communities around the country; 
integrated into existing local, State, and regional emergency response 
networks; has ties with key players in local, State, and Federal 
government; is not bound by the Posse Comitatus Act while serving in 
Title 32 status and thus has maximum flexibility; is responsible for 
and experienced with homeland security missions, including air 
sovereignty, disaster relief, responding to suspected weapons of mass 
destruction events, and counterdrug operations; has existing physical, 
communications, and training infrastructure throughout the U.S.; has 
existing training facilities, distance learning training networks, and 
a number of highly skilled individuals who have left active forces; and 
helps preserve constitutional balance between State and Federal 
sovereign interests, given its unique dual State/Federal role.
  Moreover, Department of Defense reviews and reports, including the 
2001 Quadrennial Defense Review and Reserve Component Employment 2005 
Study, have made clear that the National Guard should have an expanded 
role in homeland security.
  Other experts agree. The Hart-Rudman and Gilmore terrorism 
commissions as well as the recent Hart-Rudman Terrorism Task Force have 
recommended that the National Guard be given a more direct role in the 
war on terrorism.
  In sum, this legislation is a sensible, efficient way to make our 
country safer from terrorism. I look forward to working with my 
colleagues to pass it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 215

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Guaranteeing a United and 
     Resolute Defense Act of 2003'' or the ``GUARD Act of 2003''.

     SEC. 2. FUNDING ASSISTANCE FOR HOMELAND SECURITY ACTIVITIES 
                   OF THE NATIONAL GUARD.

       (a) In General.--Chapter 1 of title 32, United States Code, 
     is amended by inserting after section 112 the following new 
     section:

     ``Sec. 112a. Homeland security activities

       ``(a) Funding Assistance.--(1) The Secretary of Defense may 
     provide funds to the Governor of a State who submits to the 
     Secretary a homeland security activities plan satisfying the 
     requirements of subsection (b).
       ``(2) To be eligible for assistance under this subsection, 
     a State shall have a homeland security activities plan in 
     effect.
       ``(3) Any funds provided to a State under this subsection 
     shall be used for the following:
       ``(A) Pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses, as authorized by State law, of 
     personnel of the National Guard of the State for service 
     performed for the purpose of homeland security while not in 
     Federal service.
       ``(B) Operation and maintenance of the equipment and 
     facilities of the National Guard of the State that are used 
     for the purpose of homeland security.
       ``(C) Procurement of services and the purchase or leasing 
     of equipment for the National Guard of the State for use for 
     the purpose of homeland security.
       ``(b) Homeland Security Activities Plan Requirements.--The 
     homeland security activities plan of a State--
       ``(1) shall specify how personnel and equipment of the 
     National Guard of the State are to be used in homeland 
     security activities and include a detailed explanation of the 
     reasons why the National Guard should be used for the 
     specified activities;
       ``(2) shall describe in detail how any available National 
     Guard training facilities, including any distance learning 
     programs and projects, are to be used;
       ``(3) shall include the Governor's certification that the 
     activities under the plan are to be conducted at a time when 
     the personnel involved are not in Federal service;
       ``(4) shall include the Governor's certification that 
     participation by National Guard personnel in the activities 
     under the plan is service in addition to training required 
     under section 502 of this title;
       ``(5) shall include a certification by the Attorney General 
     of the State (or, in the case of a State with no position of 
     Attorney General, a civilian official of the State equivalent 
     to a State attorney general) that the use of the National 
     Guard of the State for the activities proposed under the plan 
     is authorized by, and is consistent with, State law;
       ``(6) shall include the Governor's certification that the 
     Governor or a civilian law enforcement official of the State 
     designated by the Governor has determined that any activities 
     to be carried out in conjunction with Federal law enforcement 
     agencies under the plan serve a State law enforcement 
     purpose; and
       ``(7) may provide for the use of personnel and equipment of 
     the National Guard of that State to assist the Directorate of 
     Immigration Affairs of the Department of Homeland Security in 
     the transportation of aliens who have violated a Federal or 
     State law prohibiting terrorist acts.
       ``(c) Examination and Approval of Plan.--The Secretary of 
     Defense shall examine the adequacy of each homeland security 
     activities plan of a State and, if the plan is determined 
     adequate, approve the plan.
       ``(d) Annual Report.--(1) The Secretary of Defense shall 
     submit to Congress each year a report on the assistance 
     provided under this section during the preceding fiscal year, 
     including the activities carried out with such assistance.
       ``(2) The annual report under this subsection shall include 
     the following:
       ``(A) A description of the homeland security activities 
     conducted under the homeland security activities plans with 
     funds provided under this section.
       ``(B) An accounting of the funds provided to each State 
     under this section.
       ``(C) An analysis of the effects on military training and 
     readiness of using units and personnel of the National Guard 
     to perform activities under the homeland security activities 
     plans.
       ``(e) Statutory Construction.--Nothing in this section 
     shall be construed as limiting the authority of any unit of 
     the National Guard of a State, when such unit is not in 
     Federal service, to perform law enforcement functions 
     authorized to be performed by the National Guard by the laws 
     of the State concerned.
       ``(f) Definitions.--In this section:
       ``(1) The term `Governor', in the case of the District of 
     Columbia, means the commanding general of the National Guard 
     of the District of Columbia.
       ``(2) The term `homeland security activities', with respect 
     to the National Guard of a State, means the use of National 
     Guard personnel, when authorized by the law of the State and 
     requested by the Governor of the State, to prevent, deter, 
     defend against, and respond to an attack or threat of attack 
     on the people and territory of the United States.
       ``(3) The term `State' includes the District of Columbia, 
     the Commonwealth of Puerto Rico, Guam, and the Virgin 
     Islands.''.

[[Page S1492]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 112 the following new 
     item:

``112a. Homeland security activities.''.
                                 ______