HR 206 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mr. WILSON of South Carolina (for himself and Mrs. MYRICK) introduced the following bill; which was referred to the Committee on Armed ServicesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘State Defense Force Improvement Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES.

(a) Recognition and Support- Section 109 of title 32, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (d) and (e) as subsections (l) and (m), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsections:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The Secretary may not provide assistance under paragraph (1) if, in the judgment of the Secretary, such assistance would--CommentsClose CommentsPermalink





‘(A) impede the ability of the Department of Defense to execute missions of the Department;CommentsClose CommentsPermalink





‘(B) take resources away from warfighting units;CommentsClose CommentsPermalink





‘(C) incur nonreimbursed identifiable costs; orCommentsClose CommentsPermalink





‘(D) consume resources in a manner inconsistent with the mission of the Department of Defense.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) excess to the needs of the Department of Defense; andCommentsClose CommentsPermalink





‘(B) suitable for use by a force established under subsection (c).CommentsClose CommentsPermalink





‘(2) The Secretary of Defense may transfer personal property under this section only if--CommentsClose CommentsPermalink





‘(A) the property is drawn from existing stocks of the Department of Defense;CommentsClose CommentsPermalink





‘(B) the recipient force established under subsection (c) accepts the property on an as-is, where-is basis;CommentsClose CommentsPermalink





‘(C) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; andCommentsClose CommentsPermalink





‘(D) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) Any such training program shall be conducted in accordance with an agreement between--CommentsClose CommentsPermalink





‘(A) the Secretary of Defense or Secretary of Homeland Security, as the case may be; andCommentsClose CommentsPermalink





‘(B) the State or the force established under subsection (c) if so authorized by State law.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(j) Federal Funding of State Defense Forces- Funds available to the Department of Defense may not be made available to a State defense force.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Definition of State-CommentsClose CommentsPermalink





(1) DEFINITION- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(n) State Defined- In this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(c) Stylistic Amendments- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘Prohibition on Maintenance of Other Troops- ’ after ‘(a)’;CommentsClose CommentsPermalink





(2) in subsection (b), by inserting ‘Use Within State Borders- ’ after ‘(b)’;CommentsClose CommentsPermalink





(3) in subsection (c), by inserting ‘State Defense Forces Authorized- ’ after ‘(c)’;CommentsClose CommentsPermalink





(4) in subsection (l), as redesignated by subsection (a)(1), by inserting ‘Effect of Membership in Defense Forces- ’ after ‘(l)’; andCommentsClose CommentsPermalink





(5) in subsection (m), as redesignated by subsection (a)(1), by inserting ‘Prohibition on Reserve Component Members Joining Defense Forces- ’ after ‘(m)’CommentsClose CommentsPermalink





(d) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘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:CommentsClose CommentsPermalink





‘109. Maintenance of other troops: State defense forces.’.CommentsClose CommentsPermalink