[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 826 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 826
To amend title 32, United States Code, to improve the readiness of
State defense forces and to increase military coordination for homeland
security between the States and the Department of Defense.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2007
Mr. Wilson of South Carolina (for himself, Mr. Spratt, Mr. Norwood, and
Mr. Miller of Florida) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 32, United States Code, to improve the readiness of
State defense forces and to increase military coordination for homeland
security between the States and the Department of Defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Defense Force Improvement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Domestic threats to national security and the increased
use of National Guard forces for out-of-State deployments
greatly increase the potential for service by members of State
defense forces established under section 109(c) of title 32,
United States Code.
(2) The efficacy of State defense forces is impeded by lack
of clarity in the Federal regulations concerning those forces,
particularly in defining levels of coordination and cooperation
between those forces and the Departments of Defense and
Homeland Security.
(3) The State defense forces suffer from lack of
standardized military training, arms, equipment, support, and
coordination with the Departments of Defense and Homeland
Security and other Federal agencies as a result of real and
perceived Federal regulatory impediments.
SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES.
(a) Recognition and Support.--Section 109 of title 32, United
States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Recognition.--Congress hereby recognizes forces established
under subsection (c) as an integral military component of the homeland
security effort of the United States, while reaffirming that those
forces remain entirely State regulated, organized, and equipped and
recognizing that those forces will be used for homeland security
purposes exclusively at the local level and in accordance with State
law.
``(e) Assistance by Department of Defense.--(1) The Secretary of
Defense may coordinate homeland security efforts with, and provide
assistance to, a defense force established under subsection (c) to the
extent such assistance is requested by a State or by a force
established under subsection (c) and subject to the provisions of this
section.
``(2) The Secretary may not provide assistance under paragraph (1)
if, in the judgment of the Secretary, such assistance would--
``(A) impede the ability of the Department of Defense to
execute missions of the Department;
``(B) take resources away from warfighting units;
``(C) incur nonreimbursed identifiable costs; or
``(D) consume resources in a manner inconsistent with the
mission of the Department of Defense.
``(f) Assistance by Department of Homeland Security.--The Secretary
of Homeland Security may coordinate homeland security efforts with, and
provide assistance to, a defense force established under subsection (c)
to the extent such assistance is requested by a State or by a force
established under subsection (c) if so authorized by State law, and
subject to the provisions of this section.
``(g) Use of Department of Defense Property and Equipment.--The
Secretary of Defense may authorize qualified personnel of a force
established under subsection (c) to use and operate property, arms,
equipment, and facilities of the Department of Defense as needed in the
course of training activities and State active duty
``(h) Transfer of Excess Equipment.--(1) The Secretary of Defense
may transfer to a State or a force established under subsection (c) any
personal property of the Department of Defense that the Secretary
determines is--
``(A) excess to the needs of the Department of Defense; and
``(B) suitable for use by a force established under
subsection (c).
``(2) The Secretary of Defense may transfer personal property under
this section only if--
``(A) the property is drawn from existing stocks of the
Department of Defense;
``(B) the recipient force established under subsection (c)
accepts the property on an as-is, where-is basis;
``(C) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(D) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(3) Subject to paragraph (2)(D), the Secretary may transfer
personal property under this section without charge to the recipient
force established under subsection (c).
``(i) Federal/State Training Coordination.--(1) Participation by a
force established under subsection (c) in a training program of the
Department of Defense or Department of Homeland Security is at the
discretion of the State.
``(2) Nothing in this section may be construed as requiring the
Department of Defense or Department of Homeland Security to provide any
training program to any such force.
``(3) Any such training program shall be conducted in accordance
with an agreement between--
``(A) the Secretary of Defense or Secretary of Homeland
Security, as the case may be; and
``(B) the State or the force established under subsection
(c) if so authorized by State law.
``(4) Any direct costs to the Department of Defense of providing
training assistance to a force established under subsection (c) shall
be reimbursed by the State. Any agreement under paragraph (3) between
the Department of Defense and a State or a force established under
subsection (c) for such training assistance shall provide for payment
of such costs.
``(j) Federal Funding of State Defense Forces.--Funds available to
the Department of Defense may not be made available to a State defense
force.
``(k) Liability.--Any liability for injuries or damages incurred by
a member of a force established under subsection (c) while engaged in
training activities or State active duty shall be the sole
responsibility of the State, regardless of whether the injury or damage
was incurred on United States property or involved United States
equipment or whether the member was under direct supervision of United
States personnel at the time of the incident.''.
(b) Definition of State.--
(1) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(n) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.''.
(2) Conforming amendments.--Such section is further amended
in subsections (a), (b), and (c) by striking ``a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, or
the Virgin Islands'' each place it appears and inserting ``a
State''.
(c) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Prohibition on
Maintenance of Other Troops.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use Within State
Borders.--'' after ``(b)'';
(3) in subsection (c), by inserting ``State Defense Forces
Authorized.--'' after ``(c)'';
(4) in subsection (l), as redesignated by subsection
(a)(1), by inserting ``Effect of Membership in Defense
Forces.--'' after ``(l)''; and
(5) in subsection (m), as redesignated by subsection
(a)(1), by inserting ``Prohibition on Reserve Component Members
Joining Defense Forces.--'' after ``(m)''
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 109. Maintenance of other troops: State defense forces''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 1 of such
title is amended to read as follows:
``109. Maintenance of other troops: State defense forces.''.
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