I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guaranteeing a United 

5 and Resolute Defense Act of 2003’’. 
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1 SEC. 2. ASSISTANCE FOR NATIONAL GUARD HOMELAND SE2 CURITY ACTIVITIES. 

3 (a) IN GENERAL.—Title 32, United States Code, is 

4 amended by inserting after section 112 the following new 

5 section: 

6 ‘‘§ 112a. Homeland security activities 

7 ‘‘(a) FUNDING ASSISTANCE.—The Secretary of De8 fense may provide funds to the Governor of a State that 

9 has a homeland security activities plan in effect that satis10 fies the requirements of subsection (c). Such funds shall 

11 be used for the following: 

12 ‘‘(1) The pay, allowances, clothing, subsistence, 

13 gratuities, travel, and related expenses, as author14 ized by State law, of personnel of the National 

15 Guard of that State for service performed for the 

16 purpose of homeland security while not in Federal 

17 service. 

18 ‘‘(2) The operation and maintenance of the 

19 equipment and facilities of the National Guard of 

20 the State that are used for the purpose of homeland 

21 security. 

22 ‘‘(3) The procurement of services and the pur23 chase or leasing of equipment for the National 

24 Guard of that State for use for the purpose of home25 land security. 
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1 ‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME

2 NATIONAL GUARD DUTY.—(1) Under regulations pre3 scribed by the Secretary of Defense, personnel of the Na4 tional Guard of a State may, in accordance with the State 

5 homeland security activities plan, be ordered to perform 

6 full-time National Guard duty under section 502(f) of this 

7 title for the purpose of carrying out homeland security ac8 tivities. 

9 ‘‘(2)(A) A member of the National Guard serving on 

10 full-time National Guard duty under orders authorized 

11 under paragraph (1) shall participate in the training re12 quired under section 502(a) of this title in addition to the 

13 duty performed for the purpose authorized under that 

14 paragraph, and may participate in additional training for 

15 the purpose of promoting military readiness, to include at16 tendance at schools. The pay, allowances, and other bene17 fits of the member while participating in such training 

18 shall be the same as those to which the member is entitled 

19 while performing duty for the purpose of carrying out 

20 homeland security activities. The member is not entitled 

21 to additional pay, allowances, or other benefits for partici22 pating in such training while serving on full-time National 

23 Guard duty under orders authorized under paragraph (1). 

24 ‘‘(B) Appropriations available for the Department of 

25 Defense for homeland security activities may be used for 
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1 paying costs associated with a member’s participation in 

2 training described in subparagraph (A). The appropriation 

3 shall be reimbursed in full, out of appropriations available 

4 for paying those costs, for the amounts paid. Appropria5 tions available for paying those costs shall be available for 

6 making the reimbursements. 

7 ‘‘(c) HOMELAND SECURITY ACTIVITIES PLAN RE8 QUIREMENTS.—The homeland security activities plan of 

9 a State—

10 ‘‘(1) shall specify how personnel and equipment 

11 of the National Guard of the State are to be used 

12 in homeland security activities and include a detailed 

13 explanation of the reasons why the National Guard 

14 should be used for the specified activities; 

15 ‘‘(2) shall describe in detail how any available 

16 National Guard training facilities, including any dis17 tance learning programs and projects, are to be 

18 used; 

19 ‘‘(3) shall include the Governor’s certification 

20 that the activities under the plan are to be con21 ducted at a time when the personnel involved are not 

22 in Federal service; 

23 ‘‘(4) shall include the Governor’s certification 

24 that participation by National Guard personnel in
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1 the activities under the plan is service in addition 

2 to training required under section 502 of this title; 

3 ‘‘(5) shall include a certification by the Attor4 ney General of the State (or, in the case of a State 

5 with no position of Attorney General, a civilian offi6 cial of the State equivalent to a State attorney gen7 eral) that the use of the National Guard of the State 

8 for the activities proposed under the plan is author9 ized by, and is consistent with, State law; 

10 ‘‘(6) shall include the Governor’s certification 

11 that the Governor or a civilian official of the State 

12 designated by the Governor has determined that any 

13 activities to be carried out in conjunction with Fed14 eral agencies under the plan are in furtherance of 

15 the homeland security activities specified under 

16 paragraph (1); and 

17 ‘‘(7) may provide for the use of personnel and 

18 equipment of the National Guard of that State to 

19 assist the Directorate of Immigration Affairs of the 

20 Department of Homeland Security in the transpor21 tation of aliens who have violated a Federal or State 

22 law. 

23 ‘‘(d) RELATIONSHIP TO STATE DRUG INTERDICTION

24 AND COUNTER-DRUG ACTIVITIES PLAN.—A State drug 

25 interdiction and counter-drug activities plan referred to in 
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1 section 112 of this title may be included as an annex to 

2 the State’s homeland security activities plan. If included 

3 as an annex and approved under section 112(d) of this 

4 title, the Governor of the State may—

5 ‘‘(1) authorize the use of services, supplies, and 

6 equipment procured under subsection (a)(3), and 

7 personnel performing full-time National Guard duty 

8 under subsection (b), to support drug interdiction 

9 and counter-drug activities carried out under section 

10 112 of this title, if the Governor determines that 

11 such use is necessary to accomplish the purposes of 

12 the State drug interdiction and counter-drug activi13 ties plan and will not adversely affect the perform14 ance of homeland security activities; and 

15 ‘‘(2) authorize the use of services, supplies, and 

16 equipment procured under section 112(a) of this 

17 title, and personnel performing full-time National 

18 Guard duty under section 112(b) of this title, to 

19 support homeland security activities carried out 

20 under this section, if the Governor determines that 

21 such use is necessary to accomplish the purposes of 

22 the State homeland security activities plan and will 

23 not adversely affect the performance drug interdic24 tion and counter-drug activities. 
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1 ‘‘(e) EXAMINATION AND APPROVAL OF PLAN.—The 

2 Secretary of Defense shall examine the adequacy of each 

3 homeland security activities plan of a State and, if the 

4 plan is determined adequate, approve the plan. 

5 ‘‘(f) ANNUAL REPORT.—The Secretary of Defense 

6 shall submit to Congress an annual report on the assist7 ance provided under this section during the preceding fis8 cal year, including the activities carried out with such as9 sistance. The report shall include the following: 

10 ‘‘(1) A description of the homeland security ac11 tivities conducted under homeland security activities 

12 plans with funds provided under this section. 

13 ‘‘(2) An accounting of the funds provided to 

14 each State under this section. 

15 ‘‘(3) An analysis of the effects on military 

16 training and readiness of using units and personnel 

17 of the National Guard to perform activities under 

18 the homeland security activities plans. 

19 ‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this 

20 section shall be construed as limiting the authority of any 

21 unit of the National Guard of a State, when such unit 

22 is not in Federal service, to perform law enforcement func23 tions authorized to be performed by the National Guard 

24 by the laws of the State concerned. 

25 ‘‘(h) DEFINITIONS.—In this section: 
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1 ‘‘(1) The term ‘Governor’, in the case of the 

2 District of Columbia, means the commanding gen3 eral of the National Guard of the District of Colum4 bia. 

5 ‘‘(2) The term ‘homeland security activities’, 

6 with respect to the National Guard of a State, 

7 means the use of National Guard personnel, when 

8 authorized by the law of the State and requested by 

9 the Governor of the State, to prevent, deter, defend 

10 against, and respond to an attack or threat of attack 

11 on the people and territory of the United States. 

12 ‘‘(3) The term ‘State’ includes the District of 

13 Columbia, the Commonwealth of Puerto Rico, 

14 Guam, and the Virgin Islands.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 1 of such title is amended by 

17 inserting after the item relating to section 112 the fol18 lowing new item:

‘‘112a. Homeland security activities.’’.

19 SEC. 3. AUTHORITY FOR MEMBERS OF NATIONAL GUARD 

20 TO PARTICIPATE IN ADDITIONAL MILITARY 

21 TRAINING WHILE ON ORDERS TO SUPPORT 

22 COUNTER-DRUG ACTIVITIES. 

23 Section 112(b)(2)(A) of title 32, United States Code, 

24 is amended—
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1 (1) by inserting after the first sentence the fol2 lowing: ‘‘The member may participate in additional 

3 training for the purpose of promoting military readi4 ness, to include attendance at schools.’’; and 

5 (2) in the last sentence, by striking ‘‘in training 

6 required under section 502(a)(1) of this title’’ and 

7 inserting ‘‘in such training while serving on full-time 

8 National Guard duty under orders authorized under 

9 paragraph (1)’’.

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