To authorize the use of the National Guard to secure the southern border of the United States.

SA 4076. Mr. ENSIGN (for himself, Mr. Graham, and Mr. Craig)
submitted an amendment intended to be proposed by him to the bill S.
2611, to provide for comprehensive immigration reform and for other
purposes; as follows:

At the end of subtitle C of title I, add the following:

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE
SOUTHERN LAND BORDER OF THE UNITED STATES.

``(a) Authority To Provide Assistance.--(1) With the
approval of the Secretary of Defense, the Governor of a State
may order any units or personnel of the National Guard of
such State to perform annual training duty under section
502(a) of title 32, United States Code, to carry out in any
State along the southern land border of the United States the
activities authorized in subsection (b), for the purpose of
securing such border. Such duty shall not exceed 21 days in
any year.
(2) With the approval of the Secretary of Defense, the
Governor of a State may order any units or personnel of the
National Guard of such State to perform duty under section
502(f) of title 32, United States Code, to provide command,
control, and continuity of support for units or personnel
performing annual training duty under paragraph (1).
``(b) Authorized Activities.--The activities authorized by
this subsection are any of the following:
``(1) Ground reconnaissance activities;
``(2) Airborne reconnaissance activities;
``(3) Logistical support;
``(4) Provision of translation services and training;
``(5) Administrative support services;
``(6) Technical training services;
``(7) Emergency medical assistance and services;
``(8) Communications services;
``(9) Rescue of aliens in peril;
``(10) Construction of roadways, patrol roads, fences,
barriers, and other facilities to secure the southern land
border of the United States; and
``(11) Ground and air transportation.
``(c) Cooperative Agreements.--Units and personnel of the
National Guard of a State may perform activities in another
State under subsection (a) only pursuant to the terms of
an emergency management assistance compact or other
cooperative arrangement entered into between Governors of
such States for purposes of this section, and only with
the approval of the Secretary of Defense.
``(d) Coordination of Assistance.--The Secretary of
Homeland Security shall, in consultation with the Secretary
of Defense and the Governors of the States concerned,
coordinate the performance of activities under this section
by units and personnel of the National Guard.
``(e) Annual Training.--Annual training duty performed by
members of the National Guard under subsection (a) shall be
appropriate for the units and individual members concerned,
taking into account the types of units and military
occupational specialties of individual members performing
such duty.
``(f) Definitions.--In this section:

[[Page S4814]]

``(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.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
``(3) The term `State along the southern border of the
United States' means each of the following:
``(A) The State of Arizona.
``(B) The State of California.
``(C) The State of New Mexico.
``(D) The State of Texas.
(g) Duration of Authority.--The authority of this section
shall expire on January 1, 2009.
(h) Prohibition on Direct Participation in Law
Enforcement.--Activities carried out under the authority of
this section shall not include the direct participation of a
member of the National Guard in a search, seizure, arrest, or
similar activity.
(i) Reimbursement.--The Secretary of Homeland Security
shall reimburse the Secretary of Defense for any support
beyond that authorized by subsection (a)(1) that is provided
by the National Guard or the armed forces to components of
the Department of Homeland Security for the purpose of
securing the southern land border of the United States.
______