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NATIONAL GUARD ASSOCIATION OF THE UNITED STATES
 
LEGISLATIVE ALERT #07-14  October 12, 2007 
 
 
To: NGAUS Members, Adjutants General, Executive Directors, Presidents and CACOs
The Issue: Mixed Status Forces

Immediate Action Required:  Contact your Members of Congress and urge them to reject Section 1621(b) contained in the House version of the FY 2008 National Defense Authorization Act (NDAA).  

The National Guard Association of the United States joins with the National Governor’s Association, the Department of Defense and the President in opposing Section 1621(b) of the House version of the 2008 National Defense Authorization Act, “Command and Control of Mixed Status Forces in Certain Missions.”

This language directs the Secretary of Defense to establish procedures allowing U.S. Northern Command (USNORTHCOM) to exercise command of National Guard forces which are not federalized but are under State control performing “full-time National Guard duty” in Title 32 status. The language refers to “mixed status forces” which are defined as National Guard units in Title 32 status which are training or operating alongside active duty units.

A law purporting to allow state-controlled National Guard forces to be placed under the command of federal military officers would be in conflict with 32 USC 115, unless such law requires consent of the governor.  There is no mention of governor’s consent in Sec. 1621(b)

In addition to being legally problematic, Section 1621(b) is unnecessary, given there are already multiple provisions of law under which a National Guard unit may be called or ordered out of its state status and into federal service under federal command.  The Statement of Administration Policy dated 18 May 2007 opposes this provision.

Contact your members of Congress who are serving as an authorization conferee (see list of conferees) and urge them to reject Section 1621(b) contained in the House version of the FY 2008 National Defense Authorization Act (NDAA). If your member of Congress is not a conferee, urge them to encourage their conference colleagues to support this position.

House Conferees: Skelton (MO), Sprat (SC), Ortiz (TX), Taylor (MS), Abercrombie (HI), Meehan (MA), Reyes (TX), Snyder (AR), Smith (WA), Sanchez (CA), McIntyre (NC), Tauscher (CA), Brady (PA), Andrews (NJ), Hunter (CA), Saxton (NJ), McHugh (NY), Everett (AL), Bartlett (MD), McKeon (CA), Thornberry (TX), Jones (NC), Hayes (NC), Akin (MO), Forbes (VA)

Senate Conferees: Levin (MI), Kennedy (MA), Byrd (WV), Lieberman (CT), Reed (RI), Akaka (HI), Nelson (FL), Nelson (NE), Bayh (IN), Clinton (NY), Pryor (AR), Webb, (VA), McCaskill (MO), McCain (AZ), Warner (VA), Inhofe (OK), Sessions (AL), Chambliss (GA), Graham (SC), Dole (NC), Cornyn (TX), Thune (SD)
 
TAKE THE FOLLOWING ACTION: 

By using the “Write to Congress” feature provided below, you can IMMEDIATELY e-mail your elected representatives.  A sample letter is included in our “Write to Congress” feature. You can e-mail the pre-written message or edit the sample letter as you desire.  This is the quickest and most effective method of expressing your views to Congress. Also, contact your friends and family and urge them to “Write to Congress” as well. For more in-depth information and background visit our web site at www.ngaus.org/ 


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Please direct any questions concerning this issue to Rich Green, NGAUS Legislative Director, at 202-408-5881 or email: richard.green@ngaus.org.

 
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