STATEMENT OF THE NATIONAL GUARD ASSOCIATION OF THE UNITED STATES (NGAUS) ON THE SOLDIERS AND SAILORS CIVIL RELIEF ACT OF 1940 PROVIDED TO THE HOUSE VETERANS AFFAIRS COMMITTEE SUBCOMMITTEE ON BENEFITS PRESENTED BY MR. JAMES P. TIERNEY DEPUTY DIRECTOR OF LEGISLATIVE PROGRAMS
James P. Tierney Deputy Director of Legislative Programs National Guard Association of the United States James P. Tierney was appointed the Deputy Director of Legislative Programs for the National Guard Association on October 26 th, 2001. As the Deputy Director of Legislative Programs, Mr. Tierney serves as the association liaison for joint service issues to include homeland security and emergency response, personnel policy and benefits and community support programs. Mr. Tierney also organizes the grassroots activism for the association. His previous position with the National Guard Association was the Deputy Director of Joint Activities. From January 1997 to June 1998, Mr. Tierney worked as a Legislative Aide for the State and Local Affairs division of the National Rifle Association, Fairfax, Virginia. From July 1995 to January 1997, he worked as a membership information specialist for the National Rifle Association s membership division. Mr. Tierney was born in Nassau County, New York. He enlisted in the Virginia Army National Guard in 1989 where he served as a medical specialist from 1989 to 1998. With an honorable discharge on June 25 th 1999, Mr. Tierney was commissioned into the infantry on June 26 th 1999 upon graduating the Virginia National Guard Officer Candidate School. Mr. Tierney is a member of the 29 th Infantry Division (Light), Virginia Army National Guard where he currently serves as the executive officer for a light infantry company. He has served in various other positions to include mortar platoon leader and infantry platoon leader. In September 1997, Mr. Tierney was selected as the 1 st Brigade, 29 th Infantry s Soldier of the Year. In April 1998, he was selected as the Virginia Army National Guard Soldier of the Year. In June 1995, Mr. Tierney received his Bachelor s degree in Political Science from Longwood College, Virginia. Mr. Tierney and his wife Shelly, a teacher of English at the Randolph-Macon Academy, currently reside in South Riding, Virginia.
RECOMMENDATIONS OF THE NATIONAL GUARD ASSOCIATION OF THE UNITED STATES to the House Veterans Affairs Subcommittee on Benefits The National Guard Association of the United States (NGAUS) represents the officers of the National Guard throughout the 54 states, territories and the District of Columbia. The NGAUS was created in 1878 for the purpose of providing united National Guard representation before Congress. In the first constructive meeting of officers from the North and South after Reconstruction, the organizational meeting of the NGAUS had the goal of obtaining better equipment, standardized training and a more combat-ready force by petitioning Congress for resources. Today, well over a century later, the NGAUS has the same mission Our goal is to maintain the freedom and security of this nation by guaranteeing a strong national defense through the provision of a vital dynamic National Guard as a part of the Total Force. THE NATIONAL GUARD HEAVILY ENGAGED The National Guard Association of the United States applauds the efforts of the subcommittee for these hearings to provide input and recommendations for improving protections for the men and women of the armed forces under the Soldiers and Sailors Civil Relief Act. In today s high demand military environment, the integration of the active, National Guard and reserve components has been a success. The National Guard is deeply engaged across the spectrum in support of Operations Noble Eagle and Enduring Freedom. The National Guard is present in Afghanistan, Guantanamo Bay and across the country providing force protection to military installations, and supporting the United States Immigration and Naturalization Service (USINS), Border Patrol (USBP) and the Customs Service (USCS) along the northern and southern border.
In addition to that, however, many thousands more have been called to active duty under the command and control of their governors. Recently, the National Guard completed its mission supporting the Federal Aviation Administration by providing interim security in our nation s airports. This successful mission was created and authorized by the President and was properly executed through the governors. In addition, over 4,000 members of the National Guard from several states bolstered security at the Winter Olympics in Salt Lake City. However, the thousands of volunteer soldiers were not protected by the safety net of the Soldiers and Sailors Civil Relief Act. CALLING UP THE GUARD Mobilization of the National Guard is dependent upon the mission requirements. The three distinct legal authorities available to mobilize the National Guard provide an important tool for the Governors and the Department of Defense. United States Code (USC) Title 10, often referred to as active duty, is federal active duty under command and control of the President of the United States. USC Title 32 is federally funded active duty in the service of the United States, but where command and control remains with the Governors and Adjutants General. The third authority, state active duty, allows the Governor to utilize the National Guard with state funding for state specific events. Under the current SSCRA, only those soldiers mobilized under Title 10 are protected under the SSCRA. Unfortunately, many times, US Code Title 32 and state active duty are confused. Soldiers and airmen called to federal active duty in the service of the United States under Title 32 receive federal pay and allowances, federal benefits and other federal protections such as the Uniformed Services Employment and Reemployment Rights Act (USERRA). Protecting our men and women while they serve defending the nation is the responsibility of the federal government. Currently, National Guardsmen are performing identical missions across the country, but are not receiving the same protections. The growing sentiment is that those soldiers and airmen who protect our bridges, airports, and even the Olympics, are not as important as those who have been called to perform the same type of functions at federal installations.
STATE AND FEDERAL RELATIONS REGARDING SSCRA According to a recent informal poll conducted by the Office of the Secretary of Defense, 18 states have enacted state protections for members of the National Guard. While there is a definite need for states to enact legislation that provides civil protections when the governors call up the National Guard in a state active duty status, they are limited by the powers provided to the Congress under Article 1 Section 8 Clause 3, the commerce clause. One of the provisions of SSCRA is a 6% cap of interest rates on credit cards, loans and mortgages. The Supreme Court ruled in Marquette National Bank v. First of Omaha Corp. (1978), that the interest rate a national bank may charge is governed by federal law, thereby prohibiting the states from regulating those rates across state lines. Under this ruling, any state version of SSCRA would be prohibited from providing one of the most beneficial protections to Guardsmen who utilize national banks. Additionally, many members of the National Guard travel substantial distances between their duty stations and their home. It is not uncommon for a soldier or airman who reside in one state, and are members of the National Guard in a different state. Any state version of SSCRA unfortunately would be restricted in its ability to provide civil protections those service members who travel across state lines for duty. The SSCRA is in need of review and modernization. More than a decade has elapsed since the Congress made enhancements to ensure the protections are relevant. The National Guard Association strongly urges this committee and the Congress to support changes to the SSCRA to include members of the National Guard called to duty in the service of the United States under Title 32. The NGAUS also supports the efforts to increase the monthly rent eviction protection and urges the committee to adopt a scaled increase approach for the cap. CONCLUSION Today, members of the National Guard have been mobilized across the country protecting our skies, airports, nuclear power plants, bridges, the Olympics and the borders of our nation. Never before in American history has the dual mission capability of the National Guard merged so effectively to provide the nation, state and community a cost-effective, highly competent force.
Upon returning from operations where Guardsmen serve alongside the active component, senior members of the Department of Defense, general officers, and members of Congress talk about how impressed they are with the National Guard: Impressed with how well the total force concept is being applied across the services; and how they cannot differentiate between a member of the National Guard or the active component. But there is a difference, however, it is not visible. This increased reliance upon National Guard units, its members and their families requires that equitable protections and benefits be provided; similar to those we serve alongside.