§ 1103 : NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER

IN GENERAL.—With the approval of the Secretary of Defense, the Governor of a State may order any unit or personnel of the National Guard of such State to perform operations and missions under section 502(f) of title 32, United States Code, in the Southwest Border region for the purposes of assisting U.S. Customs and Border Protection in securing the Southern border.

ASSIGNMENT OF OPERATIONS AND MISSIONS.—

1.

IN GENERAL.—National Guard units and personnel deployed under subsection (a) may be assigned such operations and missions specified in subsection (c) as may be necessary to secure the Southern border.

2.

NATURE OF DUTY.—The duty of National Guard personnel performing operations and missions described in paragraph (1) shall be full-time duty under title 32, United States Code.

RANGE OF OPERATIONS AND MISSIONS.—The operations and missions assigned under subsection (b) shall include the temporary authority—

1.

to construct fencing, including double-layer and triple-layer fencing;

2.

to increase ground-based mobile surveillance systems;

3.

to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the Southern border;

4.

to deploy and provide capability for radio communications interoperability between U.S. Customs and Border Protection and State, local, and tribal law enforcement agencies;

5.

to construct checkpoints along the Southern border to bridge the gap to long-term permanent checkpoints; and

6.

to provide assistance to U.S. Customs and Border Protection, particularly in rural, high-trafficked areas, as designated by the Commissioner of U.S. Customs and Border Protection.

MATERIEL AND LOGISTICAL SUPPORT.—The Secretary of Defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the National Guard under this section.

EXCLUSION FROM NATIONAL GUARD PERSONNEL STRENGTH LIMITATIONS.—National Guard personnel deployed under subsection (a) shall not be included in—

1.

the calculation to determine compliance with limits on end strength for National Guard personnel; or

2.

limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code.