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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 215 Introduced in Senate (IS)]

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.

    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'' or the ``GUARD Act of 2003''.

SEC. 2. FUNDING ASSISTANCE FOR HOMELAND SECURITY ACTIVITIES OF THE 
              NATIONAL GUARD.

    (a) In General.--Chapter 1 of title 32, United States Code, is 
amended by inserting after section 112 the following new section:
``Sec. 112a. Homeland security activities
    ``(a) Funding Assistance.--(1) The Secretary of Defense may provide 
funds to the Governor of a State who submits to the Secretary a 
homeland security activities plan satisfying the requirements of 
subsection (b).
    ``(2) To be eligible for assistance under this subsection, a State 
shall have a homeland security activities plan in effect.
    ``(3) Any funds provided to a State under this subsection shall be 
used for the following:
            ``(A) Pay, allowances, clothing, subsistence, gratuities, 
        travel, and related expenses, as authorized by State law, of 
        personnel of the National Guard of the State for service 
        performed for the purpose of homeland security while not in 
        Federal service.
            ``(B) Operation and maintenance of the equipment and 
        facilities of the National Guard of the State that are used for 
        the purpose of homeland security.
            ``(C) Procurement of services and the purchase or leasing 
        of equipment for the National Guard of the State for use for 
        the purpose of homeland security.
    ``(b) 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 law enforcement official of the State 
        designated by the Governor has determined that any activities 
        to be carried out in conjunction with Federal law enforcement 
        agencies under the plan serve a State law enforcement purpose; 
        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 prohibiting terrorist acts.
    ``(c) 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.
    ``(d) Annual Report.--(1) The Secretary of Defense shall submit to 
Congress each year a report on the assistance provided under this 
section during the preceding fiscal year, including the activities 
carried out with such assistance.
    ``(2) The annual report under this subsection shall include the 
following:
            ``(A) A description of the homeland security activities 
        conducted under the homeland security activities plans with 
        funds provided under this section.
            ``(B) An accounting of the funds provided to each State 
        under this section.
            ``(C) 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.
    ``(e) 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.
    ``(f) 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.''.
                                 <all>
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