I 

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. 

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 ‘‘National Guard State 

5 Partnership Program Enhancement Act’’. 

6 SEC. 2. CODIFICATION OF NATIONAL GUARD STATE PART7 NERSHIP PROGRAM. 

8 (a) STATE PARTNERSHIP PROGRAM.— 


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1 (1) IN GENERAL.—Chapter 1 of title 32, United 

2 States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 116. State Partnership Program 

5 ‘‘(a) PURPOSES OF PROGRAM.—The purposes of the 

6 State Partnership Program of the National Guard are the 

7 following: 

8 ‘‘(1) To support the objectives of the com9 mander of the combatant command for the theater 

10 of operations in which such contacts and activities 

11 are conducted. 

12 ‘‘(2) To support the objectives of the United 

13 States chief of mission of the partner nation with 

14 which contacts and activities are conducted. 

15 ‘‘(3) To build international partnerships and 

16 defense and security capacity. 

17 ‘‘(4) To strengthen cooperation between the de18 partments and agencies of the United States Gov19 ernment and agencies of foreign governments to sup20 port building of defense and security capacity. 

21 ‘‘(5) To facilitate intergovernmental collabora22 tion between the United States Government and for23 eign governments in the areas of defense and secu24 rity. 


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1 ‘‘(6) To facilitate and enhance the exchange of 

2 information between the United States Government 

3 and foreign governments on matters relating to de4 fense and security. 

5 ‘‘(b) AVAILABILITY OF APPROPRIATED FUNDS FOR

6 PROGRAM.—(1) Funds appropriated to the Department of 

7 Defense, including funds appropriated for the Air and 

8 Army National Guard, shall be available for the payment 

9 of costs incurred by the National Guard to conduct activi10 ties under the State Partnership Program, whether those 

11 costs are incurred inside or outside the United States. 

12 ‘‘(2) Costs incurred by the National Guard and cov13 ered under paragraph (1) may include the following: 

14 ‘‘(A) Costs of pay and allowances of members 

15 of the National Guard. 

16 ‘‘(B) Travel and necessary expenses of United 

17 States personnel outside of the Department of De18 fense in support of the State Partnership Program. 

19 ‘‘(C) Travel and necessary expenses of foreign 

20 participants directly supporting activities under the 

21 State Partnership Program. 

22 ‘‘(c) LIMITATIONS ON USE OF FUNDS.—(1) Funds 

23 shall not be available under subsection (b) for activities 

24 conducted in a foreign country unless jointly approved 

25 by— 


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1 ‘‘(A) the commander of the combatant com2 mand concerned; and 

3 ‘‘(B) the chief of mission concerned, with the 

4 concurrence of the Secretary of State. 

5 ‘‘(2) Funds shall not be available under subsection 

6 (b) for the participation of a member of the National 

7 Guard in activities in a foreign country unless the member 

8 is on active duty in the armed forces at the time of such 

9 participation. 

10 ‘‘(3) Funds shall not be available under subsection 

11 (b) for interagency activities involving United States civil12 ian personnel or foreign civilian personnel unless the par13 ticipation of such personnel in such activities— 

14 ‘‘(A) contributes to responsible management of 

15 defense resources; 

16 ‘‘(B) fosters greater respect for and under17 standing of the principle of civilian control of the 

18 military; 

19 ‘‘(C) contributes to cooperation between the 

20 United States armed forces and civilian govern21 mental agencies and foreign military and civilian 

22 government agencies; or 

23 ‘‘(D) improves international partnerships and 

24 capacity on matters relating to defense and security. 


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1 ‘‘(d) REIMBURSEMENT.—(1) In the event of the par2 ticipation of United States Government participants 

3 (other than personnel of the Department of Defense) in 

4 activities for which payment is made under subsection (b), 

5 the head of the department or agency concerned shall re6 imburse the Secretary of Defense for the costs associated 

7 with the participation of such personnel in such contacts 

8 and activities. 

9 ‘‘(2) Amounts received under paragraph (1) shall be 

10 deposited in the appropriation or account from which 

11 amounts for the payment concerned were derived. Any 

12 amounts so deposited shall be merged with amounts in 

13 such appropriation or account, and shall be available for 

14 the same purposes, and subject to the same conditions and 

15 limitations, as amounts in such appropriation or account. 

16 ‘‘(e) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘State Partnership Program’ 

18 means a program that establishes a defense and se19 curity relationship between the National Guard of a 

20 State or territory and the military and security 

21 forces, and related disaster management, emergency 

22 response, and security ministries, of a foreign coun23 try. 

24 ‘‘(2) The term ‘activities’, for purposes of the 

25 State Partnership Program, means any military-toVerDate Mar 15 2010 22:23 Feb 21, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H641.IH H641

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1 military activities or interagency activities for a pur2 pose set forth in subsection (a)(1). 

3 ‘‘(3) The term ‘interagency activities’ means the 

4 following: 

5 ‘‘(A) Contacts between members of the Na6 tional Guard and foreign civilian personnel out7 side the ministry of defense of the foreign coun8 try concerned on a matter within the core com9 petencies of the National Guard. 

10 ‘‘(B) Contacts between United States civil11 ian personnel and members of the military and 

12 security forces of a foreign country or foreign 

13 civilian personnel on a matter within the core 

14 competencies of the National Guard. 

15 ‘‘(4) The term ‘matter within the core com16 petencies of the National Guard’ means matters with 

17 respect to the following: 

18 ‘‘(A) Disaster response and mitigation. 

19 ‘‘(B) Defense support to civil authorities. 

20 ‘‘(C) Consequence management and instal21 lation protection. 

22 ‘‘(D) Response to a chemical, biological, 

23 radiological, nuclear, or explosives (CBRNE) 

24 event. 


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1 ‘‘(E) Border and port security and co2 operation with civilian law enforcement. 

3 ‘‘(F) Search and rescue. 

4 ‘‘(G) Medicine. 

5 ‘‘(H) Counter-drug and counter-narcotics 

6 activities. 

7 ‘‘(I) Public affairs. 

8 ‘‘(J) Employer support and family support 

9 for reserve forces. 

10 ‘‘(5) The term ‘United States civilian personnel’ 

11 means the following: 

12 ‘‘(A) Personnel of the United States Gov13 ernment (including personnel of departments 

14 and agencies of the United States Government 

15 other than the Department of Defense) and 

16 personnel of State and local governments of the 

17 United States. 

18 ‘‘(B) Members and employees of the legis19 lative branch of the United States Government. 

20 ‘‘(C) Non-governmental individuals. 

21 ‘‘(6) The term ‘foreign civilian personnel’ 

22 means the following: 

23 ‘‘(A) Civilian personnel of a foreign gov24 ernment at any level (including personnel of 

25 ministries other than ministries of defense). 


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1 ‘‘(B) Non-governmental individuals of a 

2 foreign country.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 1 of such title is 

5 amended by adding at the end the following new 

6 item: 

‘‘116. State Partnership Program.’’. 

7 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

8 1210 of the National Defense Authorization Act for Fiscal 

9 Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 

10 U.S.C. 107 note) is repealed. 

Æ 


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