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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