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EXTENSIONS of REMARKS May 1, 1991 EXTENSIONS of REMARKS

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EXTENSIONS of REMARKS May 1, 1991 EXTENSIONS of REMARKS 9726 EXTENSIONS OF REMARKS May 1, 1991 EXTENSIONS OF REMARKS IN SUPPORT OF H.R. 2001 Also, if the Secretary of the branch of service "908. Non-Federal status. determines that the equipment loaned the mili­ "909. Security clearances; criminal history HON. WALTER 8. JONFS tias for training or use is needed by the U.S. information. "§ 901. Definitions OF NORTH CAROLINA military, then the Secretary retains the power IN THE HOUSE OF REPRESENTATIVES to end the loan agreement with the State mili­ "In this chapter: tia. I want to mention that we are not talking "(1) The term 'State defense force' means a Wednesday, May 1, 1991 military force of defense force organized by a about large lethal weapons, although the legis­ State to serve as a State military reserve Mr. JONES of North Carolina. Mr. Speaker, lation would permit the loaning of small arms I rise today to bring to the attention of my col­ force that would train to become actively if deemed necessary by the Secretary and the operational when the State National Guard leagues on both sides of the aisle a problem Governor of the State involved, but general forces are federalized or otherwise not avail­ that only just came to my attention during Op­ equipment that might be used to fight natural able in or adequate to the needs of the State. eration Desert Storm. disasters such as floods including personnel A State defense force need not be so named As you know, the role of National Guard carriers, generators, field kitchens, and other by the State to be a State defense force for units is very important not only in times of purposes of this chapter. necessary equipment as mandated by the "(2) The term 'State' includes the District conflict, but also in times of peace. National emergency. Guard units are routinely called upon by the of Columbia and any territory or common­ I wish to reemphasize that, the excess wealth that has an organized National Governors of States to provide manpower and equipment would be under loan to the militias Guard. assistance in time of natural disasters, civil u~ for training purposes or use in emergency situ­ "(3) The term 'national emergency' means rest, and other emergencies. For instance, Na­ ations subject to the approval of the Secretary an emergency declared by the President or tional Guard units have also helped States of the appropriate branch of the armed serv­ the Congress. cope with unpredictable and natural disasters ice. The Secretary shall determine the time "§ 902. General policy such as floods, hurricanes, and storms and constraints and stipulations of the equipment (a) State defense forces are considered to their ensuing aftermaths. The importance of loans and use. Also, the militias will perform be in the national interest as a reserve force National Guard units can really only be meas­ of the several States- emergency services only if the needed Na­ "(l) to maintain public safety and order; ured when this assistance is limited or unavail­ tional Guard personnel are busy elsewhere, as able in times of emergency, such as during "(2) to protect essential resources and fa­ in Operation Desert Storm." However, equip­ cilities; and the Persian Gulf crisis when many National ment for training will be available to militias at "(3) to perform essential services when Na­ Guard units were called to active duty. any time as deemed appropriate by the Sec­ tional Guard forces are federalized or other­ Over the last several months, many National retary. Lastly, provisions of H.R. 2001 man­ wise not available or adequate to the State. Guard units have been activated and ordered date that Governors of the States involved will "(b) State defense forces meet an essential to serve in Operation Desert Storm. The call need of the Nation and are in the interest of be aware and indeed personally request that national security. to active duty of thousands of National the equipment be utilized by the militias. Mili­ "§903.1tlenibership Guardsmen has left a serious need of support tias will have to go through their respective personnel here at home. Many States across "(a) Qualifications for membership in a Governors to request the equipment from the State defense force shall be determined by the country now have State militias who serve Department of Defense. If the Governor as a backup force to the National Guard and the State sponsoring the defense force. A deems the equipment is unnecessary then the member of the armed forces may not be a are available to serve in times of need when militia will not be granted access. Most impor­ member of a State defense force. Member­ National Guard units are detained elsewhere. tantly, this legislation is budget neutral and will ship in a State defense force does not exempt My home State of North Carolina is one such have no cost to the Federal Government. any person from the provisions of- the Mili­ State. I would urge my colleagues to review this tary Selective Service Act. Unfortunately, while the State militia in North "(b) A State may require an oath of alle­ legislation very closely. The provisions of H.R. giance to a chief executive of a State before Carolina was willing to assist the State or mili­ 2001 are needed and will assist States in han­ tary bases in any way, current law prohibited a person becomes a member in the State de­ dling disasters that may arise in times of na­ fense force of that State. Any such oath the militias from providing any substantial tional or global emergency. I urge my col­ shall include an affirmation of support for help. There are no provisions of current law leagues to cosponsor and support this legisla­ the Constitution of the United States. which enable State militias to be trained to op­ tion. Also, if there is no objection I would like "(c) Membership in a State defense force erate military equipment which might be uti­ to insert the language of H.R. 2001 in the may not by itself limit a person from enlist­ lized in times of need. As Operation Desert CONGRESSIONAL RECORD below this statement. ment or appointment in a.n armed force. Storm has proven, there are times when many Thank you, Mr. Speaker, for the opportunity to "§ 904. Anns and equipnient National Guard units are activated and taken speak before the House today. "(a) The Secretary of a military depart­ away to other parts of the world. The result is H.R. 2001 ment may issue or loan to a State, upon re­ a gap in the amount of trained personnel that auest of the chief executive officer of the may be needed to assist States in times of Be it enacted by the Senate and House of Rep­ State, such equipment, 'Small arms, and uni­ resentatives of the United States of America in forms as may be necessary for its State de­ emergency. Congress assembled, On April 23, 1991, I introduced H.R. 2001 fense force to train and perform such func­ SECTION 1. FEDERAL SUPPORT OF STATE DE­ tions as may be designated by the Governor. which will allow the Secretaries of the FENSE FORCES. The issue of any such items may be made on branches of the Armed Forces, upon the re­ (a) IN GENERAL.-(1) Title 32, United States a reimbursable basis if determined appro­ quest of the Governors of States, to provide Code, is amended by adding at the end of the priate by the Secretary concerned. Items is­ excess military equipment to State militias for following new chapter: sued or loaned under this subsection may training purposes, The Secretaries will also be "CHAPTER 9--STATE DEFENSE FORCES only be made from items that are excess or allowed, by law, to allow State militia perso~ "Sec. obsolete for the needs of the military depart­ nel to utilize the equipment in times of need "901. Definitions. ment concerned. by the State when National Guard units are "902. General policy. "(b) The Secretary of Defense shall pre­ "903. Membership. scribe policies and procedures to carry out busy elsewhere. I might add that the legisla­ "904. Arms and equipment. subsection (a). Such policies and procedures tion allows militias to use excess or obsolete "905. Uniforms: sale and wear. shall- military equipment under the supervision of "906. Training assistance. "(1) ensure that items specified in sub­ the appropriate branch of the Armed Forces. "907. Federal coordination. section (a) may not be issued or loaned if to • This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. May 1, 1991 EXTENSIONS OF REMARKS 9727 do so would affect adversely the readiness of "§ 908. Non-Federal status hospitals where many still struggle to recuper­ active or reserve forces; and "A member of a State defense force is not ate from their injuries in the line of duty. "(2) provide that when any property issued a member of the armed forces or an em­ In a recent edition of the Daily Herald, a or loaned is no longer needed by a State de­ ployee or agent of the United States for any daily newspaper published in my home State fense force, it shall be reported to the Sec­ purpose, including legal liability or legal de­ of Illinois, columnist Jack Mabley emphasized retary of the military department concerned fense. Any such member is responsible to the and that any subsequent disposal of such State sponsoring the defense force.
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