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A Pentagon proposal to give the federal government greater authority to mobilize and command Army, Air Force, Navy and Marine Corps Reserve units during domestic disasters and emergencies is on a collision course with National Guard boosters on Capitol Hill who favor giving governors tactical control over those federal military forces and Guard troops.

The proposal was drafted as a possible amendment to the fiscal 2010 defense authorization bill. It would empower the Defense secretary to call federal Reserve forces to active duty for disaster response. Current law prohibits such forces from being activated to respond to natural disasters.

But advocates of states' rights argue that the federal government already has limited authority to call up federal Reserve forces for disaster relief and law enforcement purposes. Current laws also allow military commanders to respond to requests from local authorities to protect people and property in a crisis, they say.


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Under the Pentagon's proposal, federal reservists -- as opposed to National Guard personnel who are ordinarily under state control -- would operate at the direction of the president. That is a major sticking point for governors and Guard supporters, who prefer to have governors direct all military forces in their states during emergencies.

In a letter Thursday to the leaders of the House and Senate Armed Services Committees, the National Governors Association said it "remained concerned" about the Pentagon's proposal and implored Congress to not act hastily.

"We strongly believe the consideration of any such proposals should be preceded by a discussion regarding the tactical control of forces serving inside a state during a disaster response," the NGA wrote.

Sens. Patrick Leahy, D-Vt., and Christopher (Kit) Bond, R-Mo., have sided with the group by introducing a bill this summer that would give governors tactical control over federal military forces deployed to support National Guard forces during domestic emergencies.

The bill, which makes other changes to boost the National Guard's status, would "reduce confusion that sometimes exists when there is a domestic emergency about how National Guard forces, serving under a governor during an emergency, will interact with active-duty forces that serve under the president's command," Leahy said on the Senate floor in June.

In a statement, Bond, a former governor, similarly argued that giving governors tactical control over all reserve forces would improve responses to national emergencies.

"Too often, state leaders are unable to deploy reserve units within their state when a disaster occurs," Bond said this week. "Giving state governors tactical control of federal troops in their states is an important states' rights issue and will help military resources be used more swiftly and effectively to respond to disasters here at home."

But the Pentagon argues that its proposal is intended to more effectively mobilize federal assets during an emergency.

"This authority would not apply to the Army or Air National Guard, but would greatly increase the number of personnel available to DoD when civilian authorities request department assistance," Paul Stockton, assistant secretary of Defense for homeland defense, wrote in a July 20 letter to the governors.

Not surprisingly, the Senate bill drew strong praise from the National Governors Association, which praised the legislation in general -- and the provision on control of federal forces, in particular -- in a July 13 letter to Leahy and Bond, who are co-chairmen of the Senate National Guard Caucus.

In an Aug. 7 response to Stockton's letter, the governors argued that the Pentagon's proposal "would invite confusion on critical command and control issues, complicate interagency planning, establish stove-piped response efforts, and interfere with governors' constitutional responsibilities to ensure the safety and security of their citizens."

Neither the Leahy-Bond provision on tactical control nor the Pentagon's proposal was included in the House or Senate versions of the fiscal 2010 defense authorization bill. At this stage of the process, conference negotiators are likely to punt the issue to next year's session.

COMMENTS

  • Governor's should ABSOLUTELY not have the authority to have command of Reserves (or Active Duty) forces. US Constitution, Article II Section 2 states: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual service of the United States.” Current law keeps the National Guard under State control during disasters. This is not and should not be the case during Homeland Defense. This is a Federal mission - "provide for the common defense."
  • Old Dragoon and Robert M are tracking. The way we looked at thing pre 9/11 and post 9/11 are night and day. As all Americans have sacrificed just about all of our freedoms/money today to try to live in the enviorment our polititians have created. It becomes even more important that all Americans get back to some post depression 1930 work ethics. Our military has become a giant machine that just sucks money out of the taxpayers pockets. They have created their own huge empires over the years yet all if not most perform the same mission. With multipule services comes mutipule leaders. Gaurd, reserve, air force, navy, marines and the army can all be consolidated into one force. This would increase response time whether it be foriegn or domestic natural or man made. Give much better visibilty to the taxpayers on where they are spending their money. Right now it just disappears in a hole. Less is more they say and with only a few at the top of the command structure rather then hundreds the missions will be less bogged down with confusion or power trippers and a huge reduction in payroll. If you leave the American people alone let them keep most of what they make finacially and physically you will find we do a great job helping each other. Just leave the people alone quit feeding those who wont work but can, get rid of the people who have come here to just collect a check and go back to their country with that money (which is millions of people right now) if you are serious about getting the country moving and spending then bring our industrial base back so the average American can work and pay his or her share no one really wants a hand out we just want to be able to feed our families, this would be a good start. The states do not need to have any control over the military we can move more quickly as one rather then many. Besides the way we have attacked things latley has been like picking rocks from the bottom of a mountain to move it. Large amounts of equipment raw materials and man power is how we saved the Europe we must have forgotten how to really get things done and we dont have the greatest generation to show us how so we are on our own.
  • The National Guard needs to remain under state control. That is why the National Guard offers different incentives and benefits in different states. I am sure this is all coming out of the fact that the National Guard has been mobilized time and time again for OIF and OEF. Oh by the way - fund the Guard like you do the active Army, instead of giving them cast-off and outdated equipment!!