Border States Security Improvement Act

HR 2025 IH

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.

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 `Border States Security Improvement Act'.

SEC. 2. DEPARTMENT OF DEFENSE FUNDING FOR STATE BORDER SECURITY ACTIVITIES.

(a) Support for Border Activities- Section 902 of title 32, United States Code, is amended to read as follows:

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

`(a) Homeland Defense Activities- The Secretary of Defense may provide funds to the Governor of a State to employ units or members of the National Guard of that State to conduct homeland defense activities that the Secretary determines to be necessary and appropriate for participation by the National Guard units or members.

`(b) Border Security Activities- The Secretary of Defense shall provide funds to the Governor of a State to employ units or members of the National Guard of that State, State defense forces of that State, and law enforcement agencies of that State to help secure an international border that forms part of the border of that State if the Governor determines that their participation in border security activities is necessary and appropriate. In the case of the use of the National Guard, the Secretary shall provide the requested funds even though the border security activities are conducted while the members of the National Guard are not in Federal service.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 902 and inserting the following new item:

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

(c) Conforming Amendments-

(1) DEFINITIONS- Section 901 of such title is amended--

(A) by redesignating paragraph (2) as paragraph (3);

(B) by inserting after paragraph (1) the following new paragraph:

`(2) The term `law enforcement agencies' includes the Texas Department of Public Safety, including the Texas Rangers and Texas Highway Patrol, the New Mexico State Police, the Arizona Department of Public Safety, including the Arizona Highway Patrol, and the California Highway Patrol.'; and

(C) by adding at the end the following new paragraph:

`(4) The term `State defense forces' means defense forces authorized under section 109(c) of this title. The term includes the Texas State Guard, the New Mexico State Guard, the Arizona State Defense Force, and the California State Military Reserve.'.

(2) NATURE OF DUTY- Section 904 of such title is amended by striking `this chapter' each place it appears and inserting `section 902(a) of this title'.

(3) FUNDING ASSISTANCE- Section 905 of such title (1) is amended--

(A) by striking `In the case' and inserting `(a) Homeland Defense Activities- In the case';

(B) by striking `section 902 of this title' and inserting `section 902(a) of this title'; and

(C) by adding at the end the following new subsection:

`(b) Department of Defense Payments for Border Security Activities- In the case of any border security activity for which the Governor of a State requests assistance under section 902(b) of this title, the Secretary of Defense shall pay to that State, from funds available to the Department of Defense for homeland defense purposes, an amount that the Governor certifies is necessary to cover the costs described in paragraphs (1), (2), and (3) of subsection (a) of the National Guard, State defense forces, and law enforcement agencies of that State incurred or to be incurred as a result of participation in the border security activity.'.

END