Governors ask Congress to block National Guard measure

Journal Record, The (Oklahoma City), Aug 15, 2006 by Janice Francis-Smith

Gov. Brad Henry added his name to the list of governors from every other state and Puerto Rico who are asking Congress to block a proposed law that would give the president the authority to take control of states' National Guard troops.

While Henry said Oklahoma is happy to help when federal emergencies arise, the state needs to keep its National Guard on hand to respond to local emergencies like wildfires and tornados, said Henry's spokesman, Paul Sund.

At the National Governors Association annual meeting in South Carolina, the governors from all 50 states - including Florida Gov. Jeb Bush, the president's brother - and the U.S. territory of Puerto Rico signed a letter opposing a provision in the House-passed version of the National Defense Authorization Act (H.R. 5122), which may become part of the Senate-passed version (S. 2766) in a conference committee. No action is expected on the measure until after Labor Day, when Congress returns from its August break.

This provision was drafted without consultation or input from governors and represents an unprecedented shift in authority from governors as commanders and chief of the Guard to the federal government, reads the letter signed by the governors. We take very seriously our constitutional duty to protect our citizens and lead our Guard. We are responsible for the safety and welfare of our citizens and are in the best position to coordinate all resources to prepare for, respond to and recover from disasters. The current process by which we use our National Guard in emergencies and request federal assistance when necessary works well and should not be changed.

We urge you to drop provisions that would usurp governors' authority over the National Guard during emergencies from the conference agreement on the National Defense Authorization Act, reads the letter.

The initiative comes roughly a year after Hurricane Katrina hit the Gulf Coast, resulting in the most expensive and one of the most deadly natural disasters in U.S. history. The Bush administration, along with Louisiana Gov. Kathleen Blanco (who also signed the letter), New Orleans Mayor Ray Nagin and the Federal Emergency Management Association were all heavily criticized for what was perceived as a slow and disorganized response to the emergency.

The governors who signed the letter said decisions regarding how and when National Guard troops are utilized should remain at the state level. The measure could create some confusion, say some analysts, as the authority of National Guard troops changes depending on whether they are under state or federal control. Under state control, the troops may function as local law enforcement officers; under federal control, they function much as the military and thus lose the authority to arrest and detain U.S. citizens.

As we've demonstrated on many occasions, Oklahoma is more than happy to help other states and the federal government in their times of need, said Sund. Whether it involved sending troops to New Orleans after Hurricane Katrina or deploying Oklahoma soldiers to the border to help stop illegal immigrants, Governor Henry has made it clear Oklahoma will offer a helping hand in times of emergency.

Governors around the nation simply believe that decision should be made at the state level rather than the federal level, Sund said. Furthermore, the Oklahoma National Guard often responds to emergencies within our borders, most recently in this year's historic wildfire season, and it is important that they be available for those missions as needs arise.

The National Governors Association also provided statements other governors have made to members the national press.

I can say with certainty that federalizing emergency response to catastrophic events would be a disaster as bad as Hurricane Katrina, Jeb Bush told the Washington Post. Just as all politics are local, so are all disasters.

Michigan Gov. Jennifer Granholm told USA Today, Whether a governor is a Republican or Democrat, I would expect the response would be, 'Hell no.'