[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3401 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3401

  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

                             July 21, 2005

Mr. Wilson of South Carolina (for himself, Mr. Davis of Tennessee, Mr. 
 Norwood, Mr. Westmoreland, Mr. Radanovich, Mr. McCotter, Mr. Scott of 
Georgia, Mr. Miller of Florida, Mr. Spratt, Mr. Burton of Indiana, and 
 Mr. Fortuno) 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 
of 2005''.

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 STATE DEFENSE FORCES.

    (a) In General.--Section 109 of title 32, United States Code, is 
amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (l) and (m), respectively;
            (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 Nation's 
homeland security effort, 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 is authorized to coordinate homeland security efforts with, and 
to 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 is authorized to coordinate homeland security 
efforts with, and to 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.''; and
            (3) by adding at the end the following new subsection:
    ``(n) Definition.--In this section, the term `State' includes the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, and the 
Virgin Islands.''.
    (b) Conforming Amendments.--Such section is further amended in 
subsections (a), (b), and (c) by striking ``or Territory,'' and all 
that follows through ``of Columbia''.
    (c) 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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