[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 641 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 641

  To amend title 32, United States Code, to codify the National Guard 
    State Partnership Program regarding the funding sources for and 
 purposes of the program and specifying certain limitations on the use 
                            of such funding.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2013

Ms. Bordallo (for herself and Mr. Wilson of South Carolina) introduced 
   the following bill; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 32, United States Code, to codify the National Guard 
    State Partnership Program regarding the funding sources for and 
 purposes of the program and specifying certain limitations on the use 
                            of such funding.

    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 ``National Guard State Partnership 
Program Enhancement Act''.

SEC. 2. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP PROGRAM.

    (a) State Partnership Program.--
            (1) In general.--Chapter 1 of title 32, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 116. State Partnership Program
    ``(a) Purposes of Program.--The purposes of the State Partnership 
Program of the National Guard are the following:
            ``(1) To support the objectives of the commander of the 
        combatant command for the theater of operations in which such 
        contacts and activities are conducted.
            ``(2) To support the objectives of the United States chief 
        of mission of the partner nation with which contacts and 
        activities are conducted.
            ``(3) To build international partnerships and defense and 
        security capacity.
            ``(4) To strengthen cooperation between the departments and 
        agencies of the United States Government and agencies of 
        foreign governments to support building of defense and security 
        capacity.
            ``(5) To facilitate intergovernmental collaboration between 
        the United States Government and foreign governments in the 
        areas of defense and security.
            ``(6) To facilitate and enhance the exchange of information 
        between the United States Government and foreign governments on 
        matters relating to defense and security.
    ``(b) Availability of Appropriated Funds for Program.--(1) Funds 
appropriated to the Department of Defense, including funds appropriated 
for the Air and Army National Guard, shall be available for the payment 
of costs incurred by the National Guard to conduct activities under the 
State Partnership Program, whether those costs are incurred inside or 
outside the United States.
    ``(2) Costs incurred by the National Guard and covered under 
paragraph (1) may include the following:
            ``(A) Costs of pay and allowances of members of the 
        National Guard.
            ``(B) Travel and necessary expenses of United States 
        personnel outside of the Department of Defense in support of 
        the State Partnership Program.
            ``(C) Travel and necessary expenses of foreign participants 
        directly supporting activities under the State Partnership 
        Program.
    ``(c) Limitations on Use of Funds.--(1) Funds shall not be 
available under subsection (b) for activities conducted in a foreign 
country unless jointly approved by--
            ``(A) the commander of the combatant command concerned; and
            ``(B) the chief of mission concerned, with the concurrence 
        of the Secretary of State.
    ``(2) Funds shall not be available under subsection (b) for the 
participation of a member of the National Guard in activities in a 
foreign country unless the member is on active duty in the armed forces 
at the time of such participation.
    ``(3) Funds shall not be available under subsection (b) for 
interagency activities involving United States civilian personnel or 
foreign civilian personnel unless the participation of such personnel 
in such activities--
            ``(A) contributes to responsible management of defense 
        resources;
            ``(B) fosters greater respect for and understanding of the 
        principle of civilian control of the military;
            ``(C) contributes to cooperation between the United States 
        armed forces and civilian governmental agencies and foreign 
        military and civilian government agencies; or
            ``(D) improves international partnerships and capacity on 
        matters relating to defense and security.
    ``(d) Reimbursement.--(1) In the event of the participation of 
United States Government participants (other than personnel of the 
Department of Defense) in activities for which payment is made under 
subsection (b), the head of the department or agency concerned shall 
reimburse the Secretary of Defense for the costs associated with the 
participation of such personnel in such contacts and activities.
    ``(2) Amounts received under paragraph (1) shall be deposited in 
the appropriation or account from which amounts for the payment 
concerned were derived. Any amounts so deposited shall be merged with 
amounts in such appropriation or account, and shall be available for 
the same purposes, and subject to the same conditions and limitations, 
as amounts in such appropriation or account.
    ``(e) Definitions.--In this section:
            ``(1) The term `State Partnership Program' means a program 
        that establishes a defense and security relationship between 
        the National Guard of a State or territory and the military and 
        security forces, and related disaster management, emergency 
        response, and security ministries, of a foreign country.
            ``(2) The term `activities', for purposes of the State 
        Partnership Program, means any military-to-military activities 
        or interagency activities for a purpose set forth in subsection 
        (a)(1).
            ``(3) The term `interagency activities' means the 
        following:
                    ``(A) Contacts between members of the National 
                Guard and foreign civilian personnel outside the 
                ministry of defense of the foreign country concerned on 
                a matter within the core competencies of the National 
                Guard.
                    ``(B) Contacts between United States civilian 
                personnel and members of the military and security 
                forces of a foreign country or foreign civilian 
                personnel on a matter within the core competencies of 
                the National Guard.
            ``(4) The term `matter within the core competencies of the 
        National Guard' means matters with respect to the following:
                    ``(A) Disaster response and mitigation.
                    ``(B) Defense support to civil authorities.
                    ``(C) Consequence management and installation 
                protection.
                    ``(D) Response to a chemical, biological, 
                radiological, nuclear, or explosives (CBRNE) event.
                    ``(E) Border and port security and cooperation with 
                civilian law enforcement.
                    ``(F) Search and rescue.
                    ``(G) Medicine.
                    ``(H) Counter-drug and counter-narcotics 
                activities.
                    ``(I) Public affairs.
                    ``(J) Employer support and family support for 
                reserve forces.
            ``(5) The term `United States civilian personnel' means the 
        following:
                    ``(A) Personnel of the United States Government 
                (including personnel of departments and agencies of the 
                United States Government other than the Department of 
                Defense) and personnel of State and local governments 
                of the United States.
                    ``(B) Members and employees of the legislative 
                branch of the United States Government.
                    ``(C) Non-governmental individuals.
            ``(6) The term `foreign civilian personnel' means the 
        following:
                    ``(A) Civilian personnel of a foreign government at 
                any level (including personnel of ministries other than 
                ministries of defense).
                    ``(B) Non-governmental individuals of a foreign 
                country.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1 of such title is amended by adding at 
        the end the following new item:

``116. State Partnership Program.''.
    (b) Repeal of Superseded Authority.--Section 1210 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2517; 32 U.S.C. 107 note) is repealed.
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