131
National Guard described in subsection (b) shall be 
deemed 
to 
be 
service 
creditable 
under 
section 
12732(a)(2)(A)(i) of title 10, United States Code. 
(b) COVERED SERVICE.—Service referred to in sub-
section (a) is full-time State active duty service that a 
member of the National Guard performed on or after Sep-
tember 11, 2001, and before October 1, 2002, in any of 
the counties specified in subsection (c) to support a Fed-
eral declaration of emergency following the terrorist at-
tacks on the United States of September 11, 2001. 
(c) COVERED COUNTIES.—The counties referred to 
in subsection (b) are the following: 
(1) In the State of New York: Bronx, Kings, 
New York (boroughs of Brooklyn and Manhattan), 
Queens, Richmond, Delaware, Dutchess, Nassau, 
Orange, Putnam, Rockland, Suffolk, Sullivan, Ul-
ster, and Westchester. 
(2) In the State of Virginia: Arlington. 
(d) APPLICABILITY.—Subsection (a) shall take effect 
as of September 11, 2001.
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SEC. 515. USE OF NATIONAL GUARD TO PROVIDE MILITARY 
SUPPORT TO CIVILIAN LAW ENFORCEMENT 
AGENCIES FOR DOMESTIC COUNTER-TER-
RORISM ACTIVITIES. 
(a) IN GENERAL.—Title 32, United States Code, is 
amended by adding the following new section: 
‘‘§ 116. Use of National Guard to provide military sup-
port to civilian law enforcement agencies 
for domestic counter-terrorism activities 
‘‘(a) PROVISION OF SUPPORT.—The Governor of a 
State may order the National Guard of such State to per-
form full-time National Guard duty under section 502(f) 
of this title for the purpose of providing, on a reimbursable 
basis, military support to a civilian law enforcement agen-
cy for domestic counter-terrorism activities. Members of 
the National Guard performing full-time National Guard 
duty in the Active Guard and Reserve Program may sup-
port or execute military support to civilian law enforce-
ment agencies for domestic counter-terrorism activities 
performed by the National Guard under this section. 
‘‘(b) REIMBURSEMENT.—Notwithstanding any other 
provision of law, the Chief of the National Guard Bureau, 
or the designee of the Chief in the State concerned, shall 
accept monetary reimbursements for the costs incurred by 
the National Guard to provide support under subsection 
(a). Such monetary reimbursements will be deposited into
133
the appropriations used to fund activities under this title 
and may be used in the fiscal year in which received. The 
Secretary of Defense may waive the reimbursement re-
quirement under this section. 
‘‘(c) CONDITION OF PROVISION OF SUPPORT.—Mili-
tary support to civilian law enforcement agencies for do-
mestic counter-terrorism activities may not be provided 
under subsection (a) if the provision of such support will 
affect adversely the military preparedness of the United 
States. To ensure that the use of units and personnel of 
the National Guard under such subsection does not de-
grade training and readiness, the following requirements 
shall apply in determining the activities that units and 
personnel of the National Guard of a State may perform: 
‘‘(1) The performance of the activities may not 
affect adversely the quality of training or otherwise 
interfere with the ability of a member or unit of the 
National Guard to perform the military functions of 
the member or unit. 
‘‘(2) The performance of the activities will not 
degrade the military skills of the members of the 
National Guard performing those activities. 
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed as a limitation on the authority 
of any unit or member of the National Guard of a State,