[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2073 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2073

To amend title 32, United States Code, to provide assistance to States 
   for the discharge of homeland security activities by the National 
                     Guard, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2003

 Mr. Gibbons introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 32, United States Code, to provide assistance to States 
   for the discharge of homeland security activities by the National 
                     Guard, 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 ``Guaranteeing a United and Resolute 
Defense Act of 2003''.

SEC. 2. ASSISTANCE FOR NATIONAL GUARD HOMELAND SECURITY ACTIVITIES.

    (a) In General.--Title 32, United States Code, is amended by 
inserting after section 112 the following new section:
``Sec. 112a. Homeland security activities
    ``(a) Funding Assistance.--The Secretary of Defense may provide 
funds to the Governor of a State that has a homeland security 
activities plan in effect that satisfies the requirements of subsection 
(c). Such funds shall be used for the following:
            ``(1) The pay, allowances, clothing, subsistence, 
        gratuities, travel, and related expenses, as authorized by 
        State law, of personnel of the National Guard of that State for 
        service performed for the purpose of homeland security while 
        not in Federal service.
            ``(2) The operation and maintenance of the equipment and 
        facilities of the National Guard of the State that are used for 
        the purpose of homeland security.
            ``(3) The procurement of services and the purchase or 
        leasing of equipment for the National Guard of that State for 
        use for the purpose of homeland security.
    ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel 
of the National Guard of a State may, in accordance with the State 
homeland security activities plan, be ordered to perform full-time 
National Guard duty under section 502(f) of this title for the purpose 
of carrying out homeland security activities.
    ``(2)(A) A member of the National Guard serving on full-time 
National Guard duty under orders authorized under paragraph (1) 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 
paragraph, and may participate in additional training for the purpose 
of promoting military readiness, to include attendance at schools. The 
pay, allowances, and other benefits of the member while participating 
in such 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 participating in such training while 
serving on full-time National Guard duty under orders authorized under 
paragraph (1).
    ``(B) Appropriations available for the Department of Defense for 
homeland security activities may be used for paying costs associated 
with a member's participation in training described in subparagraph 
(A). The appropriation shall be reimbursed in full, out of 
appropriations available for paying those costs, for the amounts paid. 
Appropriations available for paying those costs shall be available for 
making the reimbursements.
    ``(c) Homeland Security Activities Plan Requirements.--The homeland 
security activities plan of a State--
            ``(1) shall specify how personnel and equipment of the 
        National Guard of the State are to be used in homeland security 
        activities and include a detailed explanation of the reasons 
        why the National Guard should be used for the specified 
        activities;
            ``(2) shall describe in detail how any available National 
        Guard training facilities, including any distance learning 
        programs and projects, are to be used;
            ``(3) shall include the Governor's certification that the 
        activities under the plan are to be conducted at a time when 
        the personnel involved are not in Federal service;
            ``(4) shall include the Governor's certification that 
        participation by National Guard personnel in the activities 
under the plan is service in addition to training required under 
section 502 of this title;
            ``(5) shall 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 proposed under the plan is 
        authorized by, and is consistent with, State law;
            ``(6) shall include the Governor's certification that the 
        Governor or a civilian official of the State designated by the 
        Governor has determined that any activities to be carried out 
        in conjunction with Federal agencies under the plan are in 
        furtherance of the homeland security activities specified under 
        paragraph (1); and
            ``(7) may provide for the use of personnel and equipment of 
        the National Guard of that State to assist the Directorate of 
        Immigration Affairs of the Department of Homeland Security in 
        the transportation of aliens who have violated a Federal or 
        State law.
    ``(d) Relationship to State Drug Interdiction and Counter-Drug 
Activities Plan.--A State drug interdiction and counter-drug activities 
plan referred to in section 112 of this title may be included as an 
annex to the State's homeland security activities plan. If included as 
an annex and approved under section 112(d) of this title, the Governor 
of the State may--
            ``(1) authorize the use of services, supplies, and 
        equipment procured under subsection (a)(3), and personnel 
        performing full-time National Guard duty under subsection (b), 
        to support drug interdiction and counter-drug activities 
        carried out under section 112 of this title, if the Governor 
        determines that such use is necessary to accomplish the 
        purposes of the State drug interdiction and counter-drug 
        activities plan and will not adversely affect the performance 
        of homeland security activities; and
            ``(2) authorize the use of services, supplies, and 
        equipment procured under section 112(a) of this title, and 
        personnel performing full-time National Guard duty under 
        section 112(b) of this title, to support homeland security 
        activities carried out under this section, if the Governor 
        determines that such use is necessary to accomplish the 
        purposes of the State homeland security activities plan and 
        will not adversely affect the performance drug interdiction and 
        counter-drug activities.
    ``(e) Examination and Approval of Plan.--The Secretary of Defense 
shall examine the adequacy of each homeland security activities plan of 
a State and, if the plan is determined adequate, approve the plan.
    ``(f) Annual Report.--The Secretary of Defense shall submit to 
Congress an annual report on the assistance provided under this section 
during the preceding fiscal year, including the activities carried out 
with such assistance. The report shall include the following:
            ``(1) A description of the homeland security activities 
        conducted under homeland security activities plans with funds 
        provided under this section.
            ``(2) An accounting of the funds provided to each State 
        under this section.
            ``(3) An analysis of the effects on military training and 
        readiness of using units and personnel of the National Guard to 
        perform activities under the homeland security activities 
        plans.
    ``(g) Statutory Construction.--Nothing in this section shall be 
construed as limiting the authority of any unit of the National Guard 
of a State, when such unit is not in Federal service, to perform law 
enforcement functions authorized to be performed by the National Guard 
by the laws of the State concerned.
    ``(h) Definitions.--In this section:
            ``(1) The term `Governor', in the case of the District of 
        Columbia, means the commanding general of the National Guard of 
        the District of Columbia.
            ``(2) The term `homeland security activities', with respect 
        to the National Guard of a State, means the use of National 
        Guard personnel, when authorized by the law of the State and 
        requested by the Governor of the State, to prevent, deter, 
        defend against, and respond to an attack or threat of attack on 
        the people and territory of the United States.
            ``(3) The term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, and the Virgin 
        Islands.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of such title is amended by inserting after the item relating 
to section 112 the following new item:

``112a. Homeland security activities.''.

SEC. 3. AUTHORITY FOR MEMBERS OF NATIONAL GUARD TO PARTICIPATE IN 
              ADDITIONAL MILITARY TRAINING WHILE ON ORDERS TO SUPPORT 
              COUNTER-DRUG ACTIVITIES.

    Section 112(b)(2)(A) of title 32, United States Code, is amended--
            (1) by inserting after the first sentence the following: 
        ``The member may participate in additional training for the 
        purpose of promoting military readiness, to include attendance 
        at schools.''; and
            (2) in the last sentence, by striking ``in training 
        required under section 502(a)(1) of this title'' and inserting 
        ``in such training while serving on full-time National Guard 
        duty under orders authorized under paragraph (1)''.
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