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.

July 18, 2003

Mr. WILSON of South Carolina (for himself, Mr. DAVIS of Tennessee, Mr. JENKINS, Mr. BROWN of South Carolina, Mr. NORWOOD, Mr. COLLINS, Mr. MCCOTTER, Mr. CARDOZA, and Mrs. MYRICK) introduced the following bill; which was referred to the Committee on Armed Services

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 2003'.

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 Department of Defense.

(3) The State defense forces suffer from lack of adequate military training, equipment, support, and coordination with the Department of Defense 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 (i) and (j), 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- 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.

`(f) USE OF DEPARTMENT OF DEFENSE PROPERTY AND EQUIPMENT- (1) The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, equipment, and facilities of the Department of Defense as needed in the course of training activities and State active duty.

`(2) The Secretary of Defense may determine methods to expedite the ability of forces established under subsection (c) to have access to surplus Department of Defense equipment, consistent with the authorized mission of such forces, in a manner that will not result in direct or indirect costs to the Department of Defense.

`(g) FEDERAL/STATE TRAINING COORDINATION- (1) Participation by a force established under subsection (c) in a training program of the Department of Defense is at the discretion of the State.

`(2) Nothing in this section may be construed as requiring the Department of Defense to provide any training program to any such force.

`(3) Any such coordinated training program shall be conducted in accordance with a joint voluntary agreement between the Department of Defense and the State or the force established under subsection (c).

`(4) Any direct or indirect 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 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.

`(h) 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:

`(k) DEFINITION- In this section, the term `State' includes a Territory, the Commonwealth of Puerto Rico, and the District of Columbia.'.

(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) The heading of such section is amended to read as follows:

`Sec. 109. Maintenance of other troops: State defense forces'.

(2) 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.'.

END