‘‘(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 
‘‘(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 
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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 6,000 members of the 
National Guard— 
‘‘(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) by not more than 
20 percent for any fiscal year if the Secretary determines 
that such an increase is necessary in the national security 
interests of the United States. 
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‘‘(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: 
‘‘(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. 
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‘‘(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 
the mission of the United States Customs and Bor-
der Protection of the Department of Homeland Se-
curity, including activities as follows: 
‘‘(A) Construction of roads, fences, and ve-
hicle barriers. 
‘‘(B) Search and rescue operations. 
‘‘(C) Intelligence gathering, surveillance, 
and reconnaissance. 
‘‘(D) Communications and information 
technology support. 
‘‘(E) Installation and operation of cam-
eras. 
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‘‘(F) Repair and maintenance of infra-
structure. 
‘‘(G) Administrative support. 
‘‘(H) Aviation support, including mainte-
nance. 
‘‘(I) Logistics 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.’’. 
(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: 
‘‘112a. Border control activities.’’. 
Æ 
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