I 

110TH CONGRESS 

2D SESSION H. R. 5562 

To authorize the National Guard to provide support for the border control 

activities of the United States Customs and Border Protection of the 

Department of Homeland Security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2008 

Mrs. WILSON of New Mexico introduced the following bill; which was referred 

to the Committee on Armed Services 

A BILL 

To authorize the National Guard to provide support for 

the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, 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. NATIONAL GUARD SUPPORT FOR BORDER CON4 TROL ACTIVITIES. 

5 (a) OPERATION JUMP START.— 

6 (1) IN GENERAL.—Not fewer than 6,000 Na7 tional Guard personnel shall continue to be deployed 

8 along the international border between the United 


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1 States and Mexico under Operation Jump Start 

2 until the date on which the Federal Government has 

3 achieved operational control of such border (as de4 fined in section 2(b) of the Secure Fence Act of 

5 2006 (Public Law 109–367)). 

6 (2) EXEMPTION.—National Guard personnel 

7 deployed pursuant to paragraph (1) shall not be in8 cluded in the calculation to determine compliance 

9 with— 

10 (A) limits on end strength; or 

11 (B) limits on the number of National 

12 Guard personal that may be placed on active 

13 duty for operational support. 

14 (b) SUPPORT AUTHORIZED.—Chapter 1 of title 32, 

15 United States Code, is amended by inserting after section 

16 112 the following: 

17 ‘‘§ 112a. Border control activities 

18 ‘‘(a) FUNDING ASSISTANCE.—The Secretary of De19 fense may provide funds to the Governor of a State who 

20 submits to the Secretary a State border control activities 

21 plan satisfying the requirements of subsection (c). Such 

22 funds shall be used for the following: 

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

24 gratuities, travel, and related expenses, as author25 ized by State law, of personnel of the National 


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1 Guard of that State used, while not in Federal serv2 ice, for the purpose of border control activities. 

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

4 equipment and facilities of the National Guard of 

5 that State used for the purpose of border control ac6 tivities. 

7 ‘‘(3) The procurement of services and equip8 ment, and the leasing of equipment, for the National 

9 Guard of that State used for the purpose of border 

10 control activities. However, the use of such funds for 

11 the procurement of equipment may not exceed 

12 $5,000 per item, unless approval for procurement of 

13 equipment in excess of that amount is granted in ad14 vance by the Secretary of Defense. 

15 ‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME

16 NATIONAL GUARD DUTY.—(1) Under regulations pre17 scribed by the Secretary of Defense, personnel of the Na18 tional Guard of a State may, in accordance with the State 

19 border control activities plan referred to in subsection (c), 

20 be ordered to perform full-time National Guard duty 

21 under section 502(f) of this title for the purpose of car22 rying out border control activities. 

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

24 full-time National Guard duty under orders authorized 

25 under paragraph (1) shall participate in the training reVerDate Aug 31 2005 21:35 Mar 11, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5562.IH H5562

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1 quired under section 502(a) of this title in addition to the 

2 duty performed for the purpose authorized under that 

3 paragraph. The pay, allowances, and other benefits of the 

4 member while participating in the training shall be the 

5 same as those to which the member is entitled while per6 forming duty for the purpose of carrying out border con7 trol activities. The member is not entitled to additional 

8 pay, allowances, or other benefits for participation in 

9 training required under section 502(a)(1) of this title. 

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

11 Defense for homeland defense may be used for paying 

12 costs associated with a member’s participation in training 

13 described in subparagraph (A). The appropriation shall be 

14 reimbursed in full, out of appropriations available for pay15 ing those costs, for the amounts paid. Appropriations 

16 available for paying those costs shall be available for mak17 ing the reimbursements. 

18 ‘‘(C) To ensure that the use of units and personnel 

19 of the National Guard of a State pursuant to a State bor20 der control activities plan does not degrade the training 

21 and readiness of such units and personnel, the following 

22 requirements shall apply in determining the border control 

23 activities that units and personnel of the National Guard 

24 of a State may perform: 


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1 ‘‘(i) The performance of the activities may not 

2 adversely affect the quality of that training or other3 wise interfere with the ability of a member or unit 

4 of the National Guard to perform the military func5 tions of the member or unit. 

6 ‘‘(ii) National Guard personnel will not degrade 

7 their military skills as a result of performing the ac8 tivities. 

9 ‘‘(iii) The performance of the activities will not 

10 result in a significant increase in the cost of train11 ing. 

12 ‘‘(iv) In the case of border control activities per13 formed by a unit organized to serve as a unit, the 

14 activities will support valid unit training require15 ments. 

16 ‘‘(c) PLAN REQUIREMENTS.—A State border control 

17 activities plan shall— 

18 ‘‘(1) specify how personnel of the National 

19 Guard of that State are to be used in border control 

20 activities in support of the mission of the United 

21 States Customs and Border Protection of the De22 partment of Homeland Security; 

23 ‘‘(2) certify that those operations are to be con24 ducted at a time when the personnel involved are not 

25 in Federal service; 


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1 ‘‘(3) certify that participation by National 

2 Guard personnel in those operations is service in ad3 dition to training required under section 502 of this 

4 title; 

5 ‘‘(4) certify that any engineer-type activities (as 

6 defined by the Secretary of Defense) under the plan 

7 will be performed only by units and members of the 

8 National Guard; 

9 ‘‘(5) include a certification by the Attorney 

10 General of the State (or, in the case of a State with 

11 no position of Attorney General, a civilian official of 

12 the State equivalent to a State attorney general) 

13 that the use of the National Guard of the State for 

14 the activities proposed under the plan is authorized 

15 by, and is consistent with, State law; and 

16 ‘‘(6) certify that the Governor of the State or 

17 a civilian law enforcement official of the State des18 ignated by the Governor has determined that any ac19 tivities included in the plan that are carried out in 

20 conjunction with Federal law enforcement agencies 

21 serve a State law enforcement purpose. 

22 ‘‘(d) EXAMINATION OF PLAN.—Before funds are pro23 vided to the Governor of a State under this section and 

24 before members of the National Guard of that State are 

25 ordered to full-time National Guard duty as authorized in 


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1 subsection (b), the Secretary of Defense shall, in consulta2 tion with the Secretary of Homeland Security, examine the 

3 adequacy of the plan submitted by the Governor under 

4 subsection (c). The plan as approved by the Secretary of 

5 Defense may provide for the use of personnel and equip6 ment of the National Guard of that State to assist United 

7 States Customs and Border Protection in the transpor8 tation of aliens who have violated a Federal immigration 

9 law. 

10 ‘‘(e) END STRENGTH LIMITATION.—(1) Except as 

11 provided in paragraphs (2) and (3), at the end of a fiscal 

12 year there may not be more than 6,000 members of the 

13 National Guard— 

14 ‘‘(A) on full-time National Guard duty under 

15 section 502(f) of this title to perform border control 

16 activities pursuant to an order to duty; or 

17 ‘‘(B) on duty under State authority to perform 

18 border control activities pursuant to an order to 

19 duty with State pay and allowances being reim20 bursed with funds provided under subsection (a)(1). 

21 ‘‘(2) The Secretary of Defense may increase the end 

22 strength authorized under paragraph (1) by not more than 

23 20 percent for any fiscal year if the Secretary determines 

24 that such an increase is necessary in the national security 

25 interests of the United States. 


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1 ‘‘(3) National Guard personnel deployed pursuant to 

2 paragraph (1) shall not be included in the calculation to 

3 determine compliance with— 

4 ‘‘(A) limits on end strength; or 

5 ‘‘(B) limits on the number of National Guard 

6 personal that may be placed on active duty for oper7 ational support. 

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

9 shall submit to Congress an annual report regarding as10 sistance provided and activities carried out under this sec11 tion during the preceding fiscal year. The report shall in12 clude the following: 

13 ‘‘(1) The number of members of the National 

14 Guard excluded under subsection (e) from the com15 putation of end strengths. 

16 ‘‘(2) A description of the border control activi17 ties conducted under State border control activities 

18 plans referred to in subsection (c) with funds pro19 vided under this section. 

20 ‘‘(3) An accounting of the amount of funds pro21 vided to each State. 

22 ‘‘(4) A description of the effect on military 

23 training and readiness of using units and personnel 

24 of the National Guard to perform activities under 

25 the State border control activities plans. 


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

2 section shall be construed as a limitation on the authority 

3 of any unit of the National Guard of a State, when such 

4 unit is not in Federal service, to perform law enforcement 

5 functions authorized to be performed by the National 

6 Guard by the laws of the State concerned. 

7 ‘‘(h) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘border control activities’, with 

9 respect to the National Guard of a State, means the 

10 use of National Guard personnel in border control 

11 activities authorized by the law of the State and re12 quested by the Governor of the State in support of 

13 the mission of the United States Customs and Bor14 der Protection of the Department of Homeland Se15 curity, including activities as follows: 

16 ‘‘(A) Construction of roads, fences, and ve17 hicle barriers. 

18 ‘‘(B) Search and rescue operations. 

19 ‘‘(C) Intelligence gathering, surveillance, 

20 and reconnaissance. 

21 ‘‘(D) Communications and information 

22 technology support. 

23 ‘‘(E) Installation and operation of cam24 eras. 


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1 ‘‘(F) Repair and maintenance of infra2 structure. 

3 ‘‘(G) Administrative support. 

4 ‘‘(H) Aviation support, including mainte5 nance. 

6 ‘‘(I) Logistics support. 

7 ‘‘(2) The term ‘Governor of a State’ means, in 

8 the case of the District of Columbia, the Com9 manding General of the National Guard of the Dis10 trict of Columbia. 

11 ‘‘(3) The term ‘State’ means each of the several 

12 States, the District of Columbia, the Commonwealth 

13 of Puerto Rico, or a territory or possession of the 

14 United States.’’. 

15 (c) 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: 

‘‘112a. Border control activities.’’. 

Æ 


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