I 
108TH CONGRESS 
1ST SESSION H. R. 2073
To amend title 32, United States Code, to provide assistance to States 
for the discharge of homeland security activities by the National Guard, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2003
Mr. GIBBONS introduced the following bill; which was referred to the 
Committee on Armed Services 
A BILL 
To amend title 32, United States Code, to provide assistance 
to States for the discharge of homeland security activities 
by the National Guard, 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 ‘‘Guaranteeing a United 
and Resolute Defense Act of 2003’’.
SEC. 2. ASSISTANCE FOR NATIONAL GUARD HOMELAND SE-
CURITY ACTIVITIES. 
(a) IN GENERAL.—Title 32, United States Code, is 
amended by inserting after section 112 the following new 
section: 
‘‘§ 112a. Homeland security activities 
‘‘(a) FUNDING ASSISTANCE.—The Secretary of De-
fense may provide funds to the Governor of a State that 
has a homeland security activities plan in effect that satis-
fies 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 for service performed for the 
purpose of homeland security while not in Federal 
service. 
‘‘(2) The operation and maintenance of the 
equipment and facilities of the National Guard of 
the State that are used for the purpose of homeland 
security. 
‘‘(3) The procurement of services and the pur-
chase or leasing of equipment for the National 
Guard of that State for use for the purpose of home-
land security.
‘‘(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 
homeland security activities plan, be ordered to perform 
full-time National Guard duty under section 502(f) of this 
title for the purpose of carrying out homeland security ac-
tivities. 
‘‘(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, and may participate in additional training for 
the purpose of promoting military readiness, to include at-
tendance at schools. The pay, allowances, and other bene-
fits of the member while participating in such training 
shall be the same as those to which the member is entitled 
while performing duty for the purpose of carrying out 
homeland security activities. The member is not entitled 
to additional pay, allowances, or other benefits for partici-
pating in such training while serving on full-time National 
Guard duty under orders authorized under paragraph (1). 
‘‘(B) Appropriations available for the Department of 
Defense for homeland security activities 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 paying those costs, for the amounts paid. Appropria-
tions available for paying those costs shall be available for 
making the reimbursements. 
‘‘(c) HOMELAND SECURITY ACTIVITIES PLAN RE-
QUIREMENTS.—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 dis-
tance learning programs and projects, are to be 
used; 
‘‘(3) shall include the Governor’s certification 
that the activities under the plan are to be con-
ducted 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 Attor-
ney General of the State (or, in the case of a State 
with no position of Attorney General, a civilian offi-
cial of the State equivalent to a State attorney gen-
eral) that the use of the National Guard of the State 
for the activities proposed under the plan is author-
ized by, and is consistent with, State law; 
‘‘(6) shall include the Governor’s certification 
that the Governor or a civilian official of the State 
designated by the Governor has determined that any 
activities to be carried out in conjunction with Fed-
eral agencies under the plan are in furtherance of 
the homeland security activities specified under 
paragraph (1); 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 transpor-
tation of aliens who have violated a Federal or State 
law. 
‘‘(d) RELATIONSHIP TO STATE DRUG INTERDICTION 
AND COUNTER-DRUG ACTIVITIES PLAN.—A State drug 
interdiction and counter-drug activities plan referred to in
section 112 of this title may be included as an annex to 
the State’s homeland security activities plan. If included 
as an annex and approved under section 112(d) of this 
title, the Governor of the State may—
‘‘(1) authorize the use of services, supplies, and 
equipment procured under subsection (a)(3), and 
personnel performing full-time National Guard duty 
under subsection (b), to support drug interdiction 
and counter-drug activities carried out under section 
112 of this title, if the Governor determines that 
such use is necessary to accomplish the purposes of 
the State drug interdiction and counter-drug activi-
ties plan and will not adversely affect the perform-
ance of homeland security activities; and 
‘‘(2) authorize the use of services, supplies, and 
equipment procured under section 112(a) of this 
title, and personnel performing full-time National 
Guard duty under section 112(b) of this title, to 
support homeland security activities carried out 
under this section, if the Governor determines that 
such use is necessary to accomplish the purposes of 
the State homeland security activities plan and will 
not adversely affect the performance drug interdic-
tion and counter-drug activities.
‘‘(e) 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. 
‘‘(f) ANNUAL REPORT.—The Secretary of Defense 
shall submit to Congress an annual report on the assist-
ance provided under this section during the preceding fis-
cal year, including the activities carried out with such as-
sistance. The report shall include the following: 
‘‘(1) A description of the homeland security ac-
tivities conducted under homeland security activities 
plans with funds provided under this section. 
‘‘(2) An accounting of the funds provided to 
each State under this section. 
‘‘(3) 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. 
‘‘(g) 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 func-
tions authorized to be performed by the National Guard 
by the laws of the State concerned. 
‘‘(h) DEFINITIONS.—In this section: