News Releases
Office of Governor Gary Locke
FOR IMMEDIATE RELEASE - December 5, 2001
Contact:  Governor's Communications Office, 360-902-4136

Gov. Locke submits testimony on border security to U.S. Senate subcommittee

OLYMPIA – Gov. Gary Locke today asked the U.S. Senate for its “assistance in providing resources to enhance security along our shared border with Canada.” The governor made the request in written testimony submitted at the request of the Senate Appropriations Subcommittee on Treasury and General Government.

Locke’s testimony follows a Nov. 16 letter, which he initiated from northern tier governors to President Bush asking for authorization to deploy the National Guard along the border. Locke and the other governors made the request for increased security along the border until a “more appropriate enhancement of border security using civilian personnel” is approved.

In his testimony, the governor cited the security risks at the U.S.-Canadian border and the economic impacts to border communities as two reasons for his request for increased border security.

“As governor of Washington, which has one of the busiest border crossings in the nation, we urgently request your assistance in providing resources to enhance security along our shared border with Canada,” Locke wrote. “In the face of mounting terrorist threats and the documented apprehension of terrorists entering the United States across the Canadian border, current border staffing shortfalls expose our nation to an unacceptable risk of security lapses.”

“In addition, heavy traffic congestion and delays at major crossings resulting from tighter security are causing severe financial and other problems in many border communities,” the governor continued.

“Business activity information we received from local communities shows that for the cities of Blaine, Lynden, Sumas and Bellingham, retail sales from Canadian shoppers this year are off 50 percent from last year,” Locke noted. “In Whatcom County, the taxable retail sales attributable to Canadian traffic have fallen by 50 percent. That translates into over $100 million in lost sales this year.”

Noting that border security is a federal responsibility, Locke told the Senate that he stands ready to activate National Guard units for border control duties. Locke requested that the President activate the Guard in the same manner as it was activated for airport security. The airport security mission is being completed by the Guard under Title 32of the United State code “in the service of the United States.”

“Title 32 duty allows the Guard to be used in the service of the federal government while retaining a state role in the overall mission execution,” Locke stated.

The governor thanked Sens. Patty Murray and Maria Cantwell, and Reps. Rick Larsen, Norm Dicks, George Nethercutt and Jennifer Dunn for their support and leadership on the border issue.

“We sincerely appreciate the increased federal staffing already provided at many crossings, including those in Washington state,” the governor wrote. “However, it is critical that additional border staffing be made available through the emergency supplemental appropriations process. I join our congressional delegation in support of full funding of border agents. They have made additional inspection and border patrol agents a major priority.”

Gov. Howard Dean of Vermont, Gov. John Hoeven of North Dakota and Lt. Gov. Dick Posthumus of Michigan also testified to the subcommittee in support of activating the National Guard to augment border security.

A copy of the governor’s testimony follows.




TESTIMONY OF GOVERNOR GARY LOCKE
Senate Appropriations Subcommittee on Treasury and General Government
December 5, 2001


Chairman Dorgan, members of the Subcommittee, I appreciate this opportunity to submit testimony to you regarding the post-September 11th security and economic impacts along Washington’s Canadian border, and the need for additional staffing and other resources at border crossings.

I want to thank you for your kind invitation to present testimony in person. However, because of unavoidable scheduling conflicts, I am not able to be with you today.

In submitting this testimony, I join Washington’s hard-working congressional delegation and other northern tier governors in addressing this critical issue.

Senator Patty Murray was able to include language in the Commerce, State, and Justice Appropriations bill directing INS to earmark additional agents for the northern border. Senators Murray and Maria Cantwell were also instrumental in including an appropriation in the Anti-Terrorism authorization bill increasing the number of northern border personnel. Senators Cantwell and Murray, as well as U.S. Representative Rick Larsen, have been working hard to obtain funding for expanded technological initiatives to eliminate backups and increase security at our borders.

In addition, Representative Larsen coordinated requests for additional border agents. Representatives Norm Dicks, George Nethercutt, and Jennifer Dunn have also been instrumental in lending support and leadership on border security issues.

As Governor of Washington, which has one of the busiest border crossings in the nation, we urgently request your assistance in providing resources to enhance security along our shared border with Canada. In the face of mounting terrorist threats and the documented apprehension of terrorists entering the United States across the Canadian border, current border staffing shortfalls expose our nation to an unacceptable risk of security lapses.

In addition, heavy traffic congestion and delays at major crossings resulting from tighter security are causing severe financial and other problems in many border communities.

The terrorist attacks of September 11th hit Whatcom County in Washington State particularly hard when long backups resulted in a 52 percent reduction in discretionary border traffic. The impacts on tourism and border-related businesses have been profound, especially in a county that recently experienced shutdowns of two major manufacturing plants and the resulting layoffs.

Business activity information we received from local communities shows that for the cities of Blaine, Lynden, Sumas, and Bellingham, retail sales from Canadian shoppers this year are off 50 percent from last year. In Whatcom County, the taxable retail sales attributable to Canadian traffic have fallen by 50 percent. That translates into over $100 million in lost sales this year.

All of this has occurred at a time when the state as a whole is suffering a severe economic downturn, with the highest unemployment rate in the nation. In addition, over this same period of time, the value of the U.S. dollar has appreciated relative to Canadian currency, which makes the price of our goods and services higher for Canadian consumers.

Given the current threat level, we believe the risks associated with inadequate protection along the full extent of the border between the two countries should be dealt with immediately. In this connection, we are encouraged by recent statements from the Administration that National Guard troops will be made available for deployment at border crossings and along the extent of the border.

This is in keeping with a request to President Bush that I initiated last month from northern tier governors (letter attached). We told the President that we stand ready to activate National Guard troops to augment border control security staffing at the crossings, as well as in patrol and reconnaissance missions along the border. In the same manner as the Guard was activated for airport security, use of the Guard for border security must be carried out under Title 32, Section 502(f) of the United States Code “in the service of the United States.” Since border security is clearly a federal responsibility, it should not be a State Duty Status undertaking or subject the states to any expense or potential tort liability.

Having acknowledged that border security is a federal responsibility, I remind the committee that the manner in which border security is carried out has a direct and significant impact on each border state and our border communities. That is why use of the National Guard under Title 32 is so appropriate. Title 32 duty allows the Guard to be used in the service of the federal government while retaining a state role in the overall mission execution.

Title 32 duty also assures equal pay and benefits for equal service regardless of the Guard member’s duty location. Unlike state-funded State Active Duty, all National Guard members performing border crossing and point of entry security duties in Title 32 status would receive the same pay and benefits regardless of their state of service.

In asking the President to assign these missions to the National Guard in Title 32 status, the governors were also mindful that, for more than a decade, thousands of National Guard soldiers and airmen have been performing virtually indistinguishable duties in Title 32 status. I refer, of course, to the National Guard Counter-Drug Program in which Guard soldiers and airmen, with the consent of the Governors of the several states, have been actively augmenting the operations of the Border Patrol, Customs, and INS. The proposed missions at northern border crossings and ports of entry, for the most part, are an expansion of the same operational functions, albeit with a refined focus on terrorism instead of the current drug interdiction focus.

Using the National Guard in Title 32 status, instead of federalizing individual Guard volunteers in Title 10 status, also ensures significant Air Force as well as Army participation in border security. Because of the joint nature of each state’s National Guard command structure, we have been able to execute airport security missions with both Army and Air National Guard personnel, thus minimizing the impact on the wartime operational readiness of both federal military services.

The governors stand ready to execute expanded border crossing and port of entry missions in the same Title 32 multi-service manner. Using current Title 10 forces or Guard members in Title 10 status would diminish the contributions of the several states in support of national security, disproportionately impact the Army and the readiness of its units for overseas missions, and place federal military personnel on a collision course with the proscriptions of the Posse Comitatus Act – an Act, by the way, that is as relevant and compelling today as when it was enacted.

Use of the National Guard must be a short-term strategy giving way, as quickly as possible, to a more appropriate permanent enhancement of border security using civilian, as opposed to military, personnel.

We sincerely appreciate the increased federal staffing already provided at many crossings, including those in Washington State. However, it is critical that additional border staffing be made available through the emergency supplemental appropriations process, in addition to the staff increases that have been included in preliminary appropriations bills for Customs and Immigration agencies. I join our congressional delegation in support of full funding of border agents. They have made additional inspection and Border Patrol agents a major priority.

We have also requested the President to consider reinstatement of programs that speed up entry of low-risk, pre-approved travelers, if this action is warranted after assessment of security risks. With the events of September 11, the regional consensus is to upgrade the PACE CANPASS program. This popular, dedicated commuter lane program has been closed since the attacks due to security concerns. The program needs to be reinstated and upgraded with new technology developed at the Blue Water Bridge between Michigan and Ontario. An additional $1.2 million for USINS is necessary to complete the upgrade.

I join our congressional delegation and other northern tier states in urging quick action by Congress and the President to further enhance border security and relieve the severe economic pressures on our border communities.


Related Links:
- Washington National Guard
- U. S. Senate
- The White House / President George W. Bush


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