To amend title 32, United States Code, to provide for the use of members of the National Guard on fulltime National Guard duty for carrying out homeland security activities in support of Federal agencies.

1. Adds SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD on page 208, between lines 16 and 17

   Adds a sectionPrinted page

   Inserted: SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.

   Inserted: (a) Authority.--Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 116. Homeland security activities

   Inserted: "(a) Use of Personnel Performing Full-Time National Guard Duty.--The Governor of a State may, upon the request by the head of a Federal agency and with the concurrence of the Secretary of Defense, order any personnel of the National Guard of the State to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out homeland security activities, as described in subsection (b).

   Inserted: "(b) Purpose and Duration.--(1) The purpose for the use of personnel of the National Guard of a State under this section is to temporarily provide trained and disciplined personnel to a Federal agency to assist that agency in carrying out homeland security activities.

   Inserted: "(2) The duration of the use of the National Guard of a State under this section shall be limited to a period of 180 days. The Governor of the State may, with the concurrence of the Secretary of Defense, extend the period one time for an additional 90 days to meet extraordinary circumstances.

   Inserted: "(c) Relationship to Required Training.-- A member of the National Guard serving on full-time National Guard duty under orders authorized under subsection (a) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that subsection. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out homeland security activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title.

   Inserted: "(d) Readiness.--To ensure that the use of units and personnel of the National Guard of a State for homeland security activities does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the homeland security activities that units and

   Inserted: personnel of the National Guard of a State may perform:

   Inserted: "(1) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit.

   Inserted: "(2) National Guard personnel will not degrade their military skills as a result of performing the activities.

   Inserted: "(3) The performance of the activities will not result in a significant increase in the cost of training.

   Show 26 more inserted paragraphsShow less

   Inserted: "(4) In the case of homeland security performed by a unit organized to serve as a unit, the activities will support valid unit training requirements.

   Inserted: "(e) Payment of Costs.--(1) The Secretary of Defense shall provide funds to the Governor of a State to pay costs of the use of personnel of the National Guard of the State for the performance of homeland security activities under this section. Such funds shall be used for the following costs:

   Inserted: "(A) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses (including all associated training expenses, as determined by the Secretary), as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of homeland security activities.

   Inserted: "(B) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of homeland security activities.

   Inserted: "(2) The Secretary of Defense shall require the head of an agency receiving support from the National Guard of a State in the performance of homeland security activities under this section to reimburse the Department of Defense for the payments made to the State for such support under paragraph (1).

   Inserted: "(f) Memorandum of Agreement.--The Secretary of Defense and the Governor of a State shall enter into a memorandum of agreement with the head of each Federal agency to which the personnel of the National Guard of that State are to provide support in the performance of homeland security activities under this section. The memorandum of agreement shall--

   Inserted: "(1) specify how personnel of the National Guard are to be used in homeland security activities;

   Inserted: "(2) include a certification by the Adjutant General of the State that those activities are to be performed at a time when the personnel are not in Federal service;

   Inserted: "(3) include a certification by the Adjutant General of the State that--

   Inserted: "(A) participation by National Guard personnel in those activities is service in addition to training required under section 502 of this title; and

   Inserted: "(B) the requirements of subsection (d) of this section will be satisfied;

   Inserted: "(4) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general), that the use of the National Guard of the State for the activities provided for under the memorandum of agreement is authorized by, and is consistent with, State law;

   Inserted: "(5) include a certification by the Governor of the State or a civilian official of the State designated by the Governor that the activities provided for under the memorandum of agreement serve a State security purpose; and

   Inserted: "(6) include a certification by the head of the Federal agency that the agency will have a plan to ensure that the agency's requirement for National Guard support ends not later than 179 days after the commencement of the support.

   Inserted: "(g) Exclusion From End-Strength Computation.--Notwithstanding any other provision of law, members of the National Guard on active duty or full-time National Guard duty for the purposes of administering (or during fiscal year 2003 otherwise implementing) this section shall not be counted toward the annual end strength authorized for Reserves on active duty in support of the reserve components of the armed forces or toward the strengths authorized in sections 12011 and 12012 of title 10.

   Inserted: "(h) Annual Report.--The Secretary of Defense shall submit to Congress an annual report regarding any assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following:

   Inserted: "(1) The number of members of the National Guard excluded under subsection (g) from the computation of end strengths.

   Inserted: "(2) A description of the homeland security activities conducted with funds provided under this section.

   Inserted: "(3) An accounting of the amount of funds provided to each State.

   Inserted: "(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform homeland security activities under this section.

   Inserted: "(i) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform functions authorized to be performed by the National Guard by the laws of the State concerned.

   Inserted: "(j) Definitions.--For purposes of this section:

   Inserted: "(1) The term 'Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.

   Inserted: "(2) The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such section is amended by adding at the end the following new item:

   Inserted: "116. Homeland security activities.".

   Original wording

   On page 208, between lines 16 and 17, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed