II 

108TH CONGRESS 

1ST SESSION S. 215

To authorize funding assistance for the States for the discharge of homeland 

security activities by the National Guard. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2003

Mrs. FEINSTEIN (for herself, Mr. BOND, Mr. LEAHY, Mr. LIEBERMAN, Mr. 

GREGG, Mrs. MURRAY, Mr. JOHNSON, Mrs. CLINTON, Mr. BREAUX, and 

Mr. FEINGOLD) introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL

To authorize funding assistance for the States for the discharge of homeland security activities by the National 

Guard.

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’’ or the ‘‘GUARD Act 

6 of 2003’’. 
2

•S 215 IS 

1 SEC. 2. FUNDING ASSISTANCE FOR HOMELAND SECURITY 

2 ACTIVITIES OF THE NATIONAL GUARD. 

3 (a) IN GENERAL.—Chapter 1 of title 32, United 

4 States Code, is amended by inserting after section 112 the 

5 following new section: 

6 ‘‘§ 112a. Homeland security activities 

7 ‘‘(a) FUNDING ASSISTANCE.—(1) The Secretary of 

8 Defense may provide funds to the Governor of a State who 

9 submits to the Secretary a homeland security activities 

10 plan satisfying the requirements of subsection (b). 

11 ‘‘(2) To be eligible for assistance under this sub12 section, a State shall have a homeland security activities 

13 plan in effect. 

14 ‘‘(3) Any funds provided to a State under this sub15 section shall be used for the following: 

16 ‘‘(A) Pay, allowances, clothing, subsistence, gra17 tuities, travel, and related expenses, as authorized by 

18 State law, of personnel of the National Guard of the 

19 State for service performed for the purpose of home20 land security while not in Federal service. 

21 ‘‘(B) Operation and maintenance of the equip22 ment and facilities of the National Guard of the 

23 State that are used for the purpose of homeland se24 curity. 

25 ‘‘(C) Procurement of services and the purchase 

26 or leasing of equipment for the National Guard of 
3

•S 215 IS 

1 the State for use for the purpose of homeland secu2 rity. 

3 ‘‘(b) HOMELAND SECURITY ACTIVITIES PLAN RE4 QUIREMENTS.—The homeland security activities plan of 

5 a State—

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

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

8 in homeland security activities and include a detailed 

9 explanation of the reasons why the National Guard 

10 should be used for the specified activities; 

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

12 National Guard training facilities, including any dis13 tance learning programs and projects, are to be 

14 used; 

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

16 that the activities under the plan are to be con17 ducted at a time when the personnel involved are not 

18 in Federal service; 

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

20 that participation by National Guard personnel in 

21 the activities under the plan is service in addition to 

22 training required under section 502 of this title; 

23 ‘‘(5) shall include a certification by the Attor24 ney General of the State (or, in the case of a State 

25 with no position of Attorney General, a civilian offi-
4

•S 215 IS 

1 cial of the State equivalent to a State attorney gen2 eral) that the use of the National Guard of the State 

3 for the activities proposed under the plan is author4 ized by, and is consistent with, State law; 

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

6 that the Governor or a civilian law enforcement offi7 cial of the State designated by the Governor has de8 termined that any activities to be carried out in con9 junction with Federal law enforcement agencies 

10 under the plan serve a State law enforcement pur11 pose; and 

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

13 equipment of the National Guard of that State to 

14 assist the Directorate of Immigration Affairs of the 

15 Department of Homeland Security in the transpor16 tation of aliens who have violated a Federal or State 

17 law prohibiting terrorist acts. 

18 ‘‘(c) EXAMINATION AND APPROVAL OF PLAN.—The 

19 Secretary of Defense shall examine the adequacy of each 

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

21 plan is determined adequate, approve the plan. 

22 ‘‘(d) ANNUAL REPORT.—(1) The Secretary of De23 fense shall submit to Congress each year a report on the 

24 assistance provided under this section during the pre-
5

•S 215 IS 

1 ceding fiscal year, including the activities carried out with 

2 such assistance. 

3 ‘‘(2) The annual report under this subsection shall 

4 include the following: 

5 ‘‘(A) A description of the homeland security ac6 tivities conducted under the homeland security ac7 tivities plans with funds provided under this section. 

8 ‘‘(B) An accounting of the funds provided to 

9 each State under this section. 

10 ‘‘(C) An analysis of the effects on military 

11 training and readiness of using units and personnel 

12 of the National Guard to perform activities under 

13 the homeland security activities plans. 

14 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in this 

15 section shall be construed as limiting the authority of any 

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

17 is not in Federal service, to perform law enforcement func18 tions authorized to be performed by the National Guard 

19 by the laws of the State concerned. 

20 ‘‘(f) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘Governor’, in the case of the 

22 District of Columbia, means the commanding gen23 eral of the National Guard of the District of Colum24 bia. 
6

•S 215 IS 

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

2 with respect to the National Guard of a State, 

3 means the use of National Guard personnel, when 

4 authorized by the law of the State and requested by 

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

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

7 on the people and territory of the United States. 

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

9 Columbia, the Commonwealth of Puerto Rico, 

10 Guam, and the Virgin Islands.’’. 

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

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

13 inserting after the item relating to section 112 the fol14 lowing new item:

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

Æ