H.R. 3401House109th Congress (2005-2007)In Committee

State Defense Force Improvement Act of 2005

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Military Personnel.

Military Personnel Subcommittee

August 4, 2005

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HouseIntro Referral

Introduced in House

July 21, 2005

HouseIntro Referral

Referred to the House Committee on Armed Services.

Armed Services Committee

July 21, 2005

HouseCommittee

Referred to the Subcommittee on Military Personnel.

Military Personnel Subcommittee

August 4, 2005

Floor Debate

4 members

What members said about H.R. 3401 on the floor

2 Republicans2 Democrats

Rep. Joe BacaD-CA-43 · Oct 27, 2005

Mr. Speaker, I rise in support of S. 37, Senator Feinstein's companion bill to my H.R. 312. This bill authorities the Breast Cancer Research Stamp through 2007. Without this legislation, this…

Mr. Speaker, I rise in support of S. 37, Senator Feinstein's companion bill to my H.R. 312. This bill authorities the Breast Cancer Research Stamp through 2007. Without this legislation, this successful program would end this year.

October is Breast Cancer Awareness Month. As it comes to a close it is important to reflect on what is being done in the way of prevention and treatment of breast cancer.

Senator Feinstein and I have proposed to extend the deadline of the Breast Cancer Research Stamp, so that it will be available for purchase for two more years.

Senator Feinstein and I have been collaborating to bring awareness to this ever-present disease and to help doctors and scientists fighting against it. I want to thank her for her unwavering dedication.

I also want to thank Dr. Ernie Bodhai, who developed the idea of the Breast Cancer Research Stamp and who has brought national awareness to the measure.

Dr. Bodhai inspired me to help support the Breast Cancer Research Stamp back when I served in the California State Assembly.

Senator Feinstein and I introduced this bill for one reason: to save lives.

We have worked together to pass this important bill so researchers can gain more insight on the disease and in turn, prevent tragedies.

This year more than 200,000 women and men will be diagnosed with breast cancer. More than 40,000 Americans will die from the disease this year.

Breast cancer is the most commonly diagnosed cancer among women in every major ethnic group in the United States.

It does not discriminate. Whether you are white, black, Hispanic or whatever your race or ethnicity. Everyone is at risk.

More than two million women are living with breast cancer in America today, yet one million of them have not been diagnosed.

Breast cancer is a leading killer of American women. The disease claims another woman's life every 13 minutes in the United States.

That is why it is so important to increase funding for breast cancer research--and why we must continue sales of the stamp.

The Breast Cancer Research Stamp is among the most successful commemorative stamps of all time with 637 million stamps sold.

The stamp program has generated over 47 million dollars for breast cancer research. It has been a critical ally in generating the resources necessary to wage war on this terrible disease.

The stamp is a ``semi-postal'' stamp that can be voluntarily purchased by the public for 45 cents.

For each stamp sold, 8 cents goes to the National Institutes of Health and the Department of Defense Breast Cancer Research Program.

Working with Dr. Bodhai, Senator Feinstein introduced the Breast Cancer Research Stamp bill In 1998 to help support the fight against breast cancer.

I am proud that Californians continue to lead the way in stamp purchases, providing roughly 21 percent of the money raised nationwide.

I ask my colleagues to support the Breast Cancer Research Stamp and all the women and men who will benefit from the money the stamp raises.

Senator Feinstein and I have the support of 153 Members of Congress and 69 Senators who cosponsored the bills and of countless organizations like the American Cancer Society, the American Medical Association, the Breast Cancer Fund, WIN Against Breast Cancer, and the Susan G. Komen Breast Cancer Foundation.

By supporting reauthorization of this stamp, you are not only helping research but you are also helping to raise awareness.

Think about it! A customer purchases the stamp, a carrier delivers it, and a person receives it. That is three people who have seen the message saying: ``breast cancer needs to be stamped out!''

Each time we use the stamp we raise additional funds for research and we send a message of hope that we will find a cure.

The Senate bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

Rep. Tom DavisR-VA-11 · Oct 27, 2005

Mr. Speaker, S. 37, authored by Senator Feinstein of California, extends the special postage stamp for breast cancer research for 2 years. Eight years ago, the Stamp Out Breast Cancer Act established…

Rep. Danny K. DavisD-IL-7 · Oct 27, 2005

Mr. Speaker, as a member of the House Government Reform Committee, I am pleased to join my colleague in the consideration of S. 37, legislation extending the special postage stamp for breast cancer…

Rep. Virginia FoxxR-NC-5 · Oct 27, 2005

Mr. Speaker, I ask unanimous consent that the Committee on Government Reform, the Committee on Energy and Commerce, and the Committee on Armed Services be discharged from further consideration of the…

Bill Text

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Introduced in HouseIssued July 21, 2005

109th CONGRESS

1st Session

H. R. 3401

IN THE HOUSE OF REPRESENTATIVES

July 21, 2005

Mr. Wilson of South Carolina (for himself, Mr. Davis of Tennessee, Mr. Norwood, Mr. Westmoreland, Mr. Radanovich, Mr. McCotter, Mr. Scott of Georgia, Mr. Miller of Florida, Mr. Spratt, Mr. Burton of Indiana, and Mr. Fortuño) 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.

Short title

This Act may be cited as the State Defense Force Improvement Act of 2005.

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 Departments of Defense and Homeland 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.

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 (l) and (m), 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

(1)

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.

(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

(D)

consume resources in a manner inconsistent with the mission of the Department of Defense.

(f)

Assistance by Department of Homeland Security

The Secretary of Homeland Security 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) if so authorized 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 authorize qualified personnel of a force established under subsection (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

(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 subsection (c) accepts the property on an as-is, where-is basis;

(C)

the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and

(D)

all costs incurred subsequent to the transfer 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.

(2)

Nothing in this section may be construed as requiring 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 subsection (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 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:

(n)

Definition

In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(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)

Section heading

The heading of such section is amended to read as follows:

109.

Maintenance of other troops: State defense forces

(2)

Clerical amendment

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