I 

112TH CONGRESS 

1ST SESSION H. R. 2025 

To amend title 32, United States Code, to require the Secretary of Defense 

to provide funds to support the use by a State of the National Guard, 

State defense forces, and law enforcement agencies in securing an international border that forms part of the border of the State, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. CARTER (for himself, Mr. JONES, Mr. GOSAR, and Mr. GOHMERT) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To amend title 32, United States Code, to require the Secretary of Defense to provide funds to support the use 

by a State of the National Guard, State defense forces, 

and law enforcement agencies in securing an international border that forms part of the border of the 

State, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border States Security 

5 Improvement Act’’. 


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1 SEC. 2. DEPARTMENT OF DEFENSE FUNDING FOR STATE 

2 BORDER SECURITY ACTIVITIES. 

3 (a) SUPPORT FOR BORDER ACTIVITIES.—Section 

4 902 of title 32, United States Code, is amended to read 

5 as follows: 

6 ‘‘§ 902. Department of Defense support for National 

7 Guard homeland defense activities and 

8 State border security activities 

9 ‘‘(a) HOMELAND DEFENSE ACTIVITIES.—The Sec10 retary of Defense may provide funds to the Governor of 

11 a State to employ units or members of the National Guard 

12 of that State to conduct homeland defense activities that 

13 the Secretary determines to be necessary and appropriate 

14 for participation by the National Guard units or members. 

15 ‘‘(b) BORDER SECURITY ACTIVITIES.—The Secretary 

16 of Defense shall provide funds to the Governor of a State 

17 to employ units or members of the National Guard of that 

18 State, State defense forces of that State, and law enforce19 ment agencies of that State to help secure an international 

20 border that forms part of the border of that State if the 

21 Governor determines that their participation in border se22 curity activities is necessary and appropriate. In the case 

23 of the use of the National Guard, the Secretary shall pro24 vide the requested funds even though the border security 

25 activities are conducted while the members of the National 

26 Guard are not in Federal service.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 9 of such title is amended by 

3 striking the item relating to section 902 and inserting the 

4 following new item: 

‘‘902. Department of Defense support for National Guard homeland defense activities and State border security activities.’’. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) DEFINITIONS.—Section 901 of such title is 

7 amended— 

8 (A) by redesignating paragraph (2) as 

9 paragraph (3); 

10 (B) by inserting after paragraph (1) the 

11 following new paragraph: 

12 ‘‘(2) The term ‘law enforcement agencies’ in13 cludes the Texas Department of Public Safety, in14 cluding the Texas Rangers and Texas Highway Pa15 trol, the New Mexico State Police, the Arizona De16 partment of Public Safety, including the Arizona 

17 Highway Patrol, and the California Highway Pa18 trol.’’; and 

19 (C) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) The term ‘State defense forces’ means de22 fense forces authorized under section 109(c) of this 

23 title. The term includes the Texas State Guard, the 


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1 New Mexico State Guard, the Arizona State Defense 

2 Force, and the California State Military Reserve.’’. 

3 (2) NATURE OF DUTY.—Section 904 of such 

4 title is amended by striking ‘‘this chapter’’ each 

5 place it appears and inserting ‘‘section 902(a) of 

6 this title’’. 

7 (3) FUNDING ASSISTANCE.—Section 905 of 

8 such title (1) is amended— 

9 (A) by striking ‘‘In the case’’ and inserting 

10 ‘‘(a) HOMELAND DEFENSE ACTIVITIES.—In 

11 the case’’; 

12 (B) by striking ‘‘section 902 of this title’’ 

13 and inserting ‘‘section 902(a) of this title’’; and 

14 (C) by adding at the end the following new 

15 subsection: 

16 ‘‘(b) DEPARTMENT OF DEFENSE PAYMENTS FOR

17 BORDER SECURITY ACTIVITIES.—In the case of any bor18 der security activity for which the Governor of a State re19 quests assistance under section 902(b) of this title, the 

20 Secretary of Defense shall pay to that State, from funds 

21 available to the Department of Defense for homeland de22 fense purposes, an amount that the Governor certifies is 

23 necessary to cover the costs described in paragraphs (1), 

24 (2), and (3) of subsection (a) of the National Guard, State 

25 defense forces, and law enforcement agencies of that State 


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1 incurred or to be incurred as a result of participation in 

2 the border security activity.’’. 

Æ 


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