State Defense Force Improvement Act of 2003

State Defense Force Improvement Act of 2003 - Recognizes State defense forces as integral military components of the Nation's homeland security effort, while reaffirming that such forces remain entirely State regulated, organized, and equipped and recognizing that they will be used for homeland security purposes exclusively at the local level under State law.

Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense (DOD) property, equipment, and facilities) to, a State defense force, upon request. Makes participation by a State defense force in a DOD training program at the discretion of the State. Requires a State to reimburse DOD for training assistance costs. Makes the State liable for any injuries or damages incurred by a defense force member while engaged in training activities or State active duty.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2797 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2797

  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 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

_______________________________________________________________________

                                 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 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.''.
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