To authorize the temporary use of the National Guard to provide support for border security along the southern land border of the United States.

1. Adds SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES at the end of subtitle E of title X

   Adds a section

   In S. 2766 · Placed on Calendar Senate

   Confidential business information and other sensitive but unclassified homeland security information in the possession of the Department of Defense that is shared, pursuant to section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482), with State and local personnel involved in the prevention, interdiction, or disruption of, or response to, terrorist activity shall not be subject to disclosure under section 552 of title 5, United States Code (commonly referred to as the "Freedom of Information Act"), by virtue of the sharing of such information with such personnel.

   Inserted: SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.

   Inserted: (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 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.

   Inserted: (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 and personnel performing annual training duty under paragraph (1).

   Inserted: (b) Authorized Activities.--The activities authorized by this subsection are the following:

   Inserted: (1) Ground surveillance activities.

   Inserted: (2) Airborne surveillance activities.

   Inserted: (3) Logistical support.

   Inserted: (4) Provision of translation services and training.

   Inserted: (5) Provision of administrative support services.

   Inserted: (6) Provision of technical training services.

   Inserted: (7) Provision of emergency medical assistance and services.

   Inserted: (8) Provision of communications services.

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   Inserted: (9) Rescue of aliens in peril.

   Inserted: (10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States.

   Inserted: (11) Ground and air transportation.

   Inserted: (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 the Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.

   Inserted: (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.

   Inserted: (e) Annual Training.--Annual training duty performed by members of the National Guard under this section 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.

   Inserted: (f) Prohibition on Direct Participation in Law Enforcement.--Activities carried out under this section shall not include the direct participation of a member of the National Guard in a search, seizure, arrest, or similar activity.

   Inserted: (g) Duration of Authority.--The authority of this section shall expire on January 1, 2009.

   Inserted: (h) Definitions.--In 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 and the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

   Inserted: (3) The term "State along the southern land border of the United States" means each of the following:

   Inserted: (A) The State of Arizona.

   Inserted: (B) The State of California.

   Inserted: (C) The State of New Mexico.

   Inserted: (D) The State of Texas.

   Original wording

   At the end of subtitle E of title X, add the following:

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As printed