II 

109TH CONGRESS 

2D SESSION S. 2303 

To ensure that the one half of the National Guard forces of each State 

are available to such State at all times, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2006 

Mr. BAUCUS introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To ensure that the one half of the National Guard forces 

of each State are available to such State at all times, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ONGOING AVAILABILITY TO STATES OF MIN4 IMUM NATIONAL GUARD FORCES. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Homeland defense is the most important 

8 mission of the Department of Defense. 


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1 (2) Participating in the fight against terrorism 

2 abroad while carrying out homeland defense mis3 sions has left the National Guard stretched too thin. 

4 (3) The Air National Guard is currently pro5 viding more than 50 percent of the airlift capability 

6 in the Global War on Terrorism. 

7 (4) More than 50 percent of the land combat 

8 forces in Iraq are Army National Guard forces, and 

9 more than 85 percent of the Army National Guard 

10 units available for mobilization for the war in Iraq 

11 have been so mobilized. 

12 (5) Proposed modifications in the force struc13 ture of the Armed Forces could have adverse effects 

14 on Army National Guard armories and Air National 

15 Guard wings. 

16 (6) Army National Guard Brigade Combat 

17 Teams and their supporting units in Idaho, Lou18 isiana, Minnesota, Mississippi, North Carolina, 

19 Pennsylvania, Tennessee, and Washington provide 

20 trained and disciplined rapid response forces in sup21 port of State military and law enforcement require22 ments. Such support is essential to ensure that each 

23 State fulfills its homeland defense, homeland secu24 rity, and military recruitment responsibilities. 


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1 (7) The National Guard supports a structure, 

2 equipment, and end strength that mirrors the reg3 ular components of the Armed Forces and facilitates 

4 security missions both abroad and at home, includ5 ing the response to natural and man-made disasters. 

6 (8) Ninety percent of the troops who responded 

7 to Hurricane Katrina were members of the National 

8 Guard. 

9 (9) The end-strength of the National Guard has 

10 been reduced by more than 100,000 members and is 

11 lower than at any time in recent history even though 

12 the National Guard is currently sustaining the high13 est continuous personnel tempo and operations 

14 tempo since World War II. 

15 (10) The militia, and the principle of the cit16 izen-soldier protecting our security which it reflects, 

17 is one of the foundations of the United States as a 

18 nation. 

19 (b) AVAILABILITY TO STATES OF MINIMUM NA20 TIONAL GUARD FORCES.—The forces of the Army Na21 tional Guard and Air National Guard available to each 

22 State at all times shall be equivalent to not less than 50 

23 percent of the aggregate forces of the Army National 

24 Guard and Air National Guard, respectively, of such 

25 State. Upon the request of the Governor of a State, the 


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1 Secretary of Defense shall transfer Army National Guard 

2 or Air National Guard forces to the State in order to en3 sure that the requirement of this subsection is met. 

Æ 


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