I 
110TH CONGRESS 
2D SESSION 
H. R. 5562 
To authorize 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 
MARCH 10, 2008 
Mrs. WILSON of New Mexico introduced the following bill; which was referred 
to the Committee on Armed Services 
A BILL 
To authorize the National Guard to provide support for 
the border control activities of the United States Cus-
toms and Border Protection of the Department of Home-
land 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. NATIONAL GUARD SUPPORT FOR BORDER CON-
TROL ACTIVITIES. 
(a) OPERATION JUMP START.— 
(1) IN GENERAL.—Not fewer than 6,000 Na-
tional Guard personnel shall continue to be deployed 
along the international border between the United 
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States and Mexico under Operation Jump Start 
until the date on which the Federal Government has 
achieved operational control of such border (as de-
fined in section 2(b) of the Secure Fence Act of 
2006 (Public Law 109–367)). 
(2) EXEMPTION.—National Guard personnel 
deployed pursuant to paragraph (1) shall not be in-
cluded 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 operational support. 
(b) SUPPORT AUTHORIZED.—Chapter 1 of title 32, 
United States Code, is amended by inserting after section 
112 the following: 
‘‘§ 112a. Border control activities 
‘‘(a) FUNDING ASSISTANCE.—The Secretary of De-
fense may 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 
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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. 
‘‘(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-
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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-
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: 
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‘‘(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. 
‘‘(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; 
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