(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 estab-
lished under section 109(c) of title 32, United States 
Code. 
(2) The efficacy of State defense forces is im-
peded by lack of clarity in the Federal regulations 
concerning those forces, particularly in defining lev-
els of coordination and cooperation between those 
forces and the Departments of Defense and Home-
land Security. 
(3) The State defense forces suffer from lack of 
standardized military training, arms, equipment, 
support, and coordination with the Departments of 
Defense and Homeland Security and other Federal 
agencies as a result of real and perceived Federal 
regulatory impediments. 
SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DE-
FENSE FORCES. 
(a) RECOGNITION AND SUPPORT.—Section 109 of 
title 32, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (l) and (m), respectively; and 
VerDate Nov 24 2008 
22:50 Jan 10, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H206.IH
H206
jlentini on PROD1PC65 with BILLS
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) RECOGNITION.—Congress hereby recognizes 
forces established under subsection (c) as an integral mili-
tary component of the homeland security effort of the 
United States, while reaffirming that those forces remain 
entirely State regulated, organized, and equipped and rec-
ognizing that those forces will be used for homeland secu-
rity purposes exclusively at the local level and in accord-
ance with State law. 
‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.— 
(1) The Secretary of Defense may coordinate homeland 
security efforts with, and 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. 
‘‘(2) The Secretary may not provide assistance under 
paragraph (1) if, in the judgment of the Secretary, such 
assistance would— 
‘‘(A) impede the ability of the Department of 
Defense to execute missions of the Department; 
‘‘(B) take resources away from warfighting 
units; 
‘‘(C) incur nonreimbursed identifiable costs; or 
VerDate Nov 24 2008 
22:50 Jan 10, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H206.IH
H206
jlentini on PROD1PC65 with BILLS
‘‘(D) consume resources in a manner incon-
sistent with the mission of the Department of De-
fense. 
‘‘(f) ASSISTANCE BY DEPARTMENT OF HOMELAND 
SECURITY.—The Secretary of Homeland Security may co-
ordinate homeland security efforts with, and provide as-
sistance 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) if so author-
ized by State law, and subject to the provisions of this 
section. 
‘‘(g) USE OF DEPARTMENT OF DEFENSE PROPERTY 
AND EQUIPMENT.—The Secretary of Defense may author-
ize qualified personnel of a force established under sub-
section (c) to use and operate property, arms, equipment, 
and facilities of the Department of Defense as needed in 
the course of training activities and State active duty. 
‘‘(h) TRANSFER OF EXCESS EQUIPMENT.—(1) The 
Secretary of Defense may transfer to a State or a force 
established under subsection (c) any personal property of 
the Department of Defense that the Secretary determines 
is— 
‘‘(A) excess to the needs of the Department of 
Defense; and 
VerDate Nov 24 2008 
07:04 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H206.IH
H206
jlentini on PROD1PC65 with BILLS
‘‘(B) suitable for use by a force established 
under subsection (c). 
‘‘(2) The Secretary of Defense may transfer personal 
property under this section only if— 
‘‘(A) the property is drawn from existing stocks 
of the Department of Defense; 
‘‘(B) the recipient force established under sub-
section (c) accepts the property on an as-is, where- 
is basis; 
‘‘(C) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
and 
‘‘(D) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the 
recipient. 
‘‘(3) Subject to paragraph (2)(D), the Secretary may 
transfer personal property under this section without 
charge to the recipient force established under subsection 
(c). 
‘‘(i) FEDERAL/STATE TRAINING COORDINATION.— 
(1) Participation by a force established under subsection 
(c) in a training program of the Department of Defense 
or Department of Homeland Security is at the discretion 
of the State. 
VerDate Nov 24 2008 
22:50 Jan 10, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H206.IH
H206
jlentini on PROD1PC65 with BILLS
‘‘(2) Nothing in this section may be construed as re-
quiring the Department of Defense or Department of 
Homeland Security to provide any training program to 
any such force. 
‘‘(3) Any such training program shall be conducted 
in accordance with an agreement between— 
‘‘(A) the Secretary of Defense or Secretary of 
Homeland Security, as the case may be; and 
‘‘(B) the State or the force established under 
subsection (c) if so authorized by State law. 
‘‘(4) Any direct 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 under paragraph (3) between the Department 
of Defense and a State or a force established under sub-
section (c) for such training assistance shall provide for 
payment of such costs. 
‘‘(j) FEDERAL
FUNDING
OF
STATE
DEFENSE 
FORCES.—Funds available to the Department of Defense 
may not be made available to a State defense force. 
‘‘(k) LIABILITY.—Any liability for injuries or dam-
ages 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 
VerDate Nov 24 2008 
22:50 Jan 10, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H206.IH
H206
jlentini on PROD1PC65 with BILLS
on United States property or involved United States 
equipment or whether the member was under direct super-
vision of United States personnel at the time of the inci-
dent.’’. 
(b) DEFINITION OF STATE.— 
(1) DEFINITION.—Such section is further 
amended by adding at the end the following new 
subsection: 
‘‘(n) STATE DEFINED.—In this section, the term 
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, and the Virgin Islands.’’. 
(2) CONFORMING AMENDMENTS.—Such section 
is further amended in subsections (a), (b), and (c) 
by striking ‘‘a State, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, or the Virgin 
Islands’’ each place it appears and inserting ‘‘a 
State’’. 
(c) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (a), by inserting ‘‘PROHIBI-
TION
ON MAINTENANCE
OF OTHER TROOPS.—’’ 
after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘USE WITH-
IN STATE BORDERS.—’’ after ‘‘(b)’’; 
VerDate Nov 24 2008 
22:50 Jan 10, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H206.IH
H206
jlentini on PROD1PC65 with BILLS