I 
112TH CONGRESS 
1ST SESSION 
H. R. 152 
To utilize 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 
JANUARY 5, 2011 
Mr. POE of Texas (for himself, Mr. BRADY of Texas, Mr. GOHMERT, Mr. 
ROYCE, Mr. ROE of Tennessee, Mr. HALL, Mr. CAMPBELL, Mr. BURTON 
of Indiana, Mr. STUTZMAN, Mr. STEARNS, and Mr. LATTA) introduced 
the following bill; which was referred to the Committee on Armed Serv-
ices 
A BILL 
To utilize 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard Border 
Enforcement Act’’. 
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SEC. 2. USE OF NATIONAL GUARD TO SUPPORT DEPART-
MENT OF HOMELAND SECURITY BORDER 
CONTROL ACTIVITIES. 
(a) EXPANDED DEPLOYMENT OF NATIONAL GUARD; 
DURATION.— 
(1) DEPLOYMENT; DURATION.—In addition to 
the number of members of the National Guard de-
ployed along the international border between the 
United States and Mexico as of the date of the en-
actment of this Act, the Secretary of Defense shall 
provide for the deployment of not less than an addi-
tional 10,000 members of the National Guard along 
the international border between the United States 
and Mexico until the date on which the Secretary of 
Homeland Security certifies that the Federal Gov-
ernment has achieved operational control of the 
international border. 
(2) ADDITIONAL
DEPLOYMENTS.—The Sec-
retary of Defense may exceed the number specified 
in paragraph (1) at the request of a Governor of a 
State that shares a portion of the international bor-
der between the United States and Mexico if, despite 
the deployment of the additional 10,000 members of 
the National Guard along the international border, 
operational control of the international border has 
not been achieved. 
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(3) DEPLOYMENT AUTHORITIES.—Members of 
the National Guard required to be deployed pursu-
ant to paragraph (1) may be deployed under section 
502(f) of title 32, United States Code, pursuant to 
a State border control activities plan approved under 
section 112a of such title, as added by subsection 
(b), or pursuant to the order of the Secretary of De-
fense under any other provision of law. 
(4) EXEMPTION FROM END STRENGTHS AND 
OTHER
LIMITATIONS.—Members of the National 
Guard deployed pursuant to paragraph (1) shall not 
be included in the calculation to determine compli-
ance with— 
(A) limits on end strength; or 
(B) limits on the number of National 
Guard personal that may be placed on active 
duty for operational support. 
(5) OPERATIONAL CONTROL DEFINED.—In this 
subsection, the term ‘‘operational control’’ has the 
meaning given that term in section 2(b) of the Se-
cure Fence Act of 2006 (Public Law 109–367; 8 
U.S.C. 1701 note). 
(b) FEDERAL ASSISTANCE FOR STATE BORDER CON-
TROL ACTIVITIES PLANS.—Chapter 1 of title 32, United 
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States Code, is amended by inserting after section 112 the 
following: 
‘‘§ 112a. Border control activities 
‘‘(a) FUNDING ASSISTANCE.—The Secretary of De-
fense shall provide funds to the Governor of a State who 
submits to the Secretary a State border control activities 
plan satisfying 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 author-
ized by State law, of personnel of the National 
Guard of that State used, while not in Federal serv-
ice, for the purpose of border control activities. 
‘‘(2) The operation and maintenance of the 
equipment and facilities of the National Guard of 
that State used for the purpose of border control ac-
tivities. 
‘‘(3) The procurement of services and equip-
ment, and the leasing of equipment, for the National 
Guard of that State used for the purpose of border 
control activities. However, the use of such funds for 
the procurement of equipment may not exceed 
$5,000 per item, unless approval for procurement of 
equipment in excess of that amount is granted in ad-
vance by the Secretary of Defense. 
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‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME 
NATIONAL GUARD DUTY.—(1) Under regulations pre-
scribed by the Secretary of Defense, personnel of the Na-
tional Guard of a State may, in accordance with the State 
border control activities plan referred to in subsection (c), 
be ordered to perform full-time National Guard duty 
under section 502(f) of this title for the purpose of car-
rying out border control 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 re-
quired under section 502(a) of this title in addition to the 
duty performed for the purpose authorized under that 
paragraph. The pay, allowances, and other benefits of the 
member while participating in the training shall be the 
same as those to which the member is entitled while per-
forming duty for the purpose of carrying out border con-
trol activities. The member is not entitled to additional 
pay, allowances, or other benefits for participation in 
training required under section 502(a)(1) of this title. 
‘‘(B) Appropriations available for the Department of 
Defense for homeland defense 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 pay-
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ing those costs, for the amounts paid. Appropriations 
available for paying those costs shall be available for mak-
ing the reimbursements. 
‘‘(C) To ensure that the use of units and personnel 
of the National Guard of a State pursuant to a State bor-
der control activities plan does not degrade the training 
and readiness of such units and personnel, the following 
requirements shall apply in determining the border control 
activities that units and personnel of the National Guard 
of a State may perform: 
‘‘(i) The performance of the activities may not 
adversely affect the quality of that training or other-
wise interfere with the ability of a member or unit 
of the National Guard to perform the military func-
tions of the member or unit. 
‘‘(ii) National Guard personnel will not degrade 
their military skills as a result of performing the ac-
tivities. 
‘‘(iii) The performance of the activities will not 
result in a significant increase in the cost of train-
ing. 
‘‘(iv) In the case of border control activities per-
formed by a unit organized to serve as a unit, the 
activities will support valid unit training require-
ments. 
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‘‘(c) PLAN REQUIREMENTS.—A State border control 
activities plan shall— 
‘‘(1) specify how personnel of the National 
Guard of that State are to be used in border control 
activities in support of the mission of the United 
States Customs and Border Protection of the De-
partment of Homeland Security; 
‘‘(2) certify that those operations are to be con-
ducted at a time when the personnel involved are not 
in Federal service; 
‘‘(3) certify that participation by National 
Guard personnel in those operations is service in ad-
dition to training required under section 502 of this 
title; 
‘‘(4) certify that any engineer-type activities (as 
defined by the Secretary of Defense) under the plan 
will be performed only by units and members of the 
National Guard; 
‘‘(5) 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; and 
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‘‘(6) certify that the Governor of the State or 
a civilian law enforcement official of the State des-
ignated by the Governor has determined that any ac-
tivities included in the plan that are carried out in 
conjunction with Federal law enforcement agencies 
serve a State law enforcement purpose. 
‘‘(d) EXAMINATION OF PLAN.—Before funds are pro-
vided to the Governor of a State under this section and 
before members of the National Guard of that State are 
ordered to full-time National Guard duty as authorized in 
subsection (b), the Secretary of Defense shall, in consulta-
tion with the Secretary of Homeland Security, examine the 
adequacy of the plan submitted by the Governor under 
subsection (c). The plan as approved by the Secretary of 
Defense may provide for the use of personnel and equip-
ment of the National Guard of that State to assist United 
States Customs and Border Protection in the transpor-
tation of aliens who have violated a Federal immigration 
law. 
‘‘(e) END STRENGTH LIMITATION.—(1) Except as 
provided in paragraphs (2) and (3), at the end of a fiscal 
year there may not be more than 10,000 members of the 
National Guard— 
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‘‘(A) on full-time National Guard duty under 
section 502(f) of this title to perform border control 
activities pursuant to an order to duty; or 
‘‘(B) on duty under State authority to perform 
border control activities pursuant to an order to 
duty with State pay and allowances being reim-
bursed with funds provided under subsection (a)(1). 
‘‘(2) The Secretary of Defense may increase the end 
strength authorized under paragraph (1) if the Secretary 
determines that such an increase is necessary in the na-
tional security interests of the United States. 
‘‘(3) National Guard personnel deployed pursuant to 
paragraph (1) shall not be included in the calculation to 
determine compliance with— 
‘‘(A) limits on end strength; or 
‘‘(B) limits on the number of National Guard 
personal that may be placed on active duty for oper-
ational support. 
‘‘(f) ANNUAL REPORT.—The Secretary of Defense 
shall submit to Congress an annual report regarding as-
sistance provided and activities carried out under this sec-
tion during the preceding fiscal year. The report shall in-
clude the following: 
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‘‘(1) The number of members of the National 
Guard excluded under subsection (e) from the com-
putation of end strengths. 
‘‘(2) A description of the border control activi-
ties conducted under State border control activities 
plans referred to in subsection (c) with funds pro-
vided under this section. 
‘‘(3) An accounting of the amount of funds pro-
vided to each State. 
‘‘(4) A description of the effect on military 
training and readiness of using units and personnel 
of the National Guard to perform activities under 
the State border control activities plans. 
‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed as a limitation on 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 ‘border control activities’, with 
respect to the National Guard of a State, means the 
use of National Guard personnel in border control 
activities authorized by the law of the State and re-
quested by the Governor of the State in support of 
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the mission of the United States Customs and Bor-
der Protection of the Department of Homeland Se-
curity, including activities as follows: 
‘‘(A) Armed vehicle and foot patrols along 
the international border between the United 
States and Mexico. 
‘‘(B) Interdiction of a vehicle, vessel, air-
craft or other similar activity. 
‘‘(C) Search, seizure, and detention of sus-
pects. 
‘‘(D) Construction of roads, fences, and ve-
hicle barriers. 
‘‘(E) Search and rescue operations. 
‘‘(F) Intelligence gathering, surveillance, 
and reconnaissance. 
‘‘(G) Aviation support. 
‘‘(2) The term ‘Governor of a State’ means, in 
the case of the District of Columbia, the Com-
manding General of the National Guard of the Dis-
trict of Columbia. 
‘‘(3) The term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, or a territory or possession of the 
United States.’’. 
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(c) 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 fol-
lowing new item: 
‘‘112a. Border control activities.’’. 
Æ 
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