text: SECTION 1. NATIONAL GUARD SUPPORT FOR BORDER CONTROL ACTIVITIES.
  
      (a) Operation Jump Start.--
              (1) In general.--Not fewer than 6,000 National Guard 
          personnel shall continue to be deployed along the international 
          border between the United States and Mexico under Operation 
          Jump Start until the date on which the Federal Government has 
          achieved operational control of such border (as defined 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 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 operational 
                  support.
      (b) Support Authorized.--Chapter 1 of title 32, United States Code, 
  is amended by inserting after section 112 the following:
  ``Sec. 112a. Border control activities
      ``(a) Funding Assistance.--The Secretary of Defense 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 authorized by 
          State law, of personnel of the National Guard of that State 
          used, while not in Federal service, 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 activities.
              ``(3) The procurement of services and equipment, 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 advance by the Secretary 
          of Defense.
      ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
  (1) Under regulations prescribed by the Secretary of Defense, personnel 
  of the National 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 carrying 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 required 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 performing duty for the purpose of carrying 
  out border control 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 paying those costs, for the amounts paid. Appropriations 
  available for paying those costs shall be available for making the 
  reimbursements.
      ``(C) To ensure that the use of units and personnel of the National 
  Guard of a State pursuant to a State border 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 otherwise interfere with 
          the ability of a member or unit of the National Guard to 
          perform the military functions of the member or unit.
              ``(ii) National Guard personnel will not degrade their 
          military skills as a result of performing the activities.
              ``(iii) The performance of the activities will not result 
          in a significant increase in the cost of training.
              ``(iv) In the case of border control activities performed 
          by a unit organized to serve as a unit, the activities will 
          support valid unit training requirements.
      ``(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 Department of Homeland Security;
              ``(2) certify that those operations are to be conducted 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 addition 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 designated by the 
          Governor has determined that any activities 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 provided 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 subsection (b), the Secretary of Defense shall, 
  in consultation 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 equipment of the National Guard of that State to 
  assist United States Customs and Border Protection in the 
  transportation 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 reimbursed 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.
      ``(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 operational support.
      ``(f) Annual Report.--The Secretary of Defense shall submit to 
  Congress an annual report regarding assistance provided and activities 
  carried out under this section during the preceding fiscal year. The 
  report shall include the following:
              ``(1) The number of members of the National Guard excluded 
          under subsection (e) from the computation of end strengths.
              ``(2) A description of the border control activities 
          conducted under State border control activities plans referred 
          to in subsection (c) with funds provided under this section.
              ``(3) An accounting of the amount of funds provided 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.
      ``(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 requested by the Governor of the State in support 
          of the mission of the United States Customs and Border 
          Protection of the Department of Homeland Security, including 
          activities as follows:
                      ``(A) Construction of roads, fences, and vehicle 
                  barriers.
                      ``(B) Search and rescue operations.
                      ``(C) Intelligence gathering, surveillance, and 
                  reconnaissance.
                      ``(D) Communications and information technology 
                  support.
                      ``(E) Installation and operation of cameras.
                      ``(F) Repair and maintenance of infrastructure.
                      ``(G) Administrative support.
                      ``(H) Aviation support, including maintenance.
                      ``(I) Logistics support.
              ``(2) The term `Governor of a State' means, in the case of 
          the District of Columbia, the Commanding General of the 
          National Guard of the District 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 following:
  
  ``112a. Border control activities.''.
target: Provides for continued National Guard support for border control activities along the U.S.- Mexico border under Operation Jump Start until operational control of such border has been achieved.
  
  Authorizes the Secretary of Defense to provide funding to a state that submits to the Secretary of State a state border control activities plan that meets certain requirements. Limits the number of National Guard that may be so deployed.
feat_title: 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.