Feds might pay National Guard homeland security costs

The federal government would pick up the tab for the National Guard's homeland security activities performed on the state and local level under a provision the House Armed Services Committee is considering as part of the fiscal 2005 defense authorization bill being marked up Wednesday.

Armed Services Chairman Duncan Hunter, R-Calif., supports the provision, according to sources, and a committee aide confirmed the panel is considering amendments on the issue.

House Government Reform Chairman Tom Davis, R-Calif., recently suggested rewriting part of the U.S. Code, known as Title 32, that allows governors to deploy the National Guard for state emergencies and bill the federal government. Davis' proposal would clarify that the federal government also would foot the bill for Guard units performing homeland security duties. Staffers on the Government Reform and Armed Services panels are discussing the provision. A Davis spokesman said the new language is needed because the law currently authorizes governors to use the Guard for a range of state functions, including activities that fall under "other duty."

"The problem is that 'other duty' is nebulous and subject to differing interpretations," the aide said.

Homeland security tasks are often met with confusion over whether the state or federal government pays for the activities, equipment and supplies resulting from activating the Guard, as well as pay and benefits. A recent decision to withdraw Guard troops from protecting the Golden Gate Bridge in San Francisco reflects the blurred lines of state-federal responsibility. The Guard had been protecting the bridge for more than two years, but Republican Gov. Arnold Schwarzenegger withdrew the troops last month because of the $5 million annual cost. And the Guard's role in protecting critical infrastructures is expected to become a "core mission" over the next decade, a Homeland Security official told lawmakers in April. The official said since the Sept. 11, 2001, terrorist attacks, Guard units have been used routinely for aerial surveillance. Also, the Pentagon recently established 32 Guard support teams to respond to a threat of weapons of mass destruction in the country.

Jeffrey Joseph, a defense contractor who has briefed lawmakers on National Guard issues, said the rewrite is necessary because lawmakers in 2002 failed to consider the National Guard's role in homeland security when creating the Homeland Security Department. Joseph noted in 25 states the top National Guard officer is also the senior state emergency management official, which takes orders from the Homeland Security Department. "The policy makers have to understand the Guard is the elephant in the room that they've forgotten about," Joseph said. "They need to have clear-cut responsibilities, resources and funding to do homeland security missions."