32 U.S.C. § 902 — Homeland defense activities: funds

Page 57 TITLE 32—NATIONAL GUARD § 905 ‘‘(1) the regulations referred to in subsection (b)(1); and ‘‘(2) the guidance referred to in subsection (b)(2). ‘‘(d) UPDATE TO THE NATIONAL CYBER INCIDENT RE- SPONSE PLAN.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of De- fense, may update the National Cyber Incident Re- sponse Plan to address any changes made by the Sec- retary of Defense to the roles and responsibilities of the National Guard for the response to and recovery from significant cyber incidents. ‘‘(e) JOINT BRIEFINGS.—Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly brief the congressional defense committees, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the fol- lowing: ‘‘(1) The results of the evaluation required under subsection (a)(1), including the utilization of any input provided to the Secretary of Defense pursuant to subsection (a)(2). ‘‘(2) Any updated regulations or guidance in accord- ance with subsection (c). ‘‘(3) Any update by the Secretary of Homeland Se- curity to the National Cyber Incident Response Plan pursuant to subsection (d). ‘‘(4) How the Department of Defense, including the National Guard, and the Department of Homeland Se- curity, including the Cybersecurity and Infrastruc- ture Security Agency and the Federal Emergency Management Agency, will collaborate with each other and with relevant law enforcement, State gov- ernments, and other non-Federal entities when re- sponding to and recovering from significant cyber in- cidents. ‘‘(f) DEFINITION.—The term ‘significant cyber inci- dent’ means a cyber incident that results, or several re- lated cyber incidents that result, in demonstrable harm to— ‘‘(1) the national security interests, foreign rela- tions, or economy of the United States; or ‘‘(2) the public confidence, civil liberties, or public health and safety of the American people.’’ § 902. Homeland defense activities: funds The Secretary of Defense may provide funds to a Governor to employ National Guard units or members to conduct homeland defense activities that the Secretary determines to be necessary and appropriate for participation by the Na- tional Guard units or members, as the case may be. (Added Pub. L. 108–375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878; amended Pub. L. 109–364, div. A, title X, § 1071(b)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 115–232, div. A, title X, § 1081(b), Aug. 13, 2018, 132 Stat. 1985.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘the Secretary de- termines’’ for ‘‘the Secretary, determines’’. 2006—Pub. L. 109–364 struck out ‘‘(a)’’ before ‘‘The Secretary’’. § 903. Regulations The Secretary of Defense shall prescribe regu- lations to implement this chapter. (Added Pub. L. 108–375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878.) § 904. Homeland defense duty (a) FULL-TIME NATIONAL GUARD DUTY.—All duty performed under this chapter shall be con- sidered to be full-time National Guard duty under section 502(f) of this title. Members of the National Guard performing full-time National Guard duty in the Active Guard and Reserve Program may support or execute homeland de- fense activities performed by the National Guard under this chapter. (b) DURATION.—The period for which a member of the National Guard performs duty under this chapter shall be limited to 180 days. The Gov- ernor of the State may, with the concurrence of the Secretary of Defense, extend the period one time for an additional 90 days to meet extraor- dinary circumstances. (c) RELATIONSHIP TO REQUIRED TRAINING.—A member of the National Guard performing duty under this chapter shall, in addition to per- forming such duty, participate in the training required under section 502(a) of this title. The pay, allowances, and other benefits of the mem- ber while participating in the training shall be the same as those to which the member is enti- tled while performing the duty under this chap- ter. The member is not entitled to additional pay, allowances, or other benefits for participa- tion in training required under section 502(a)(1) of this title. (d) READINESS.—To ensure that the use of units and personnel of the National Guard of a State for homeland defense activities does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the homeland defense ac- tivities that units and personnel of the National Guard of a State may perform: (1) The performance of the activities is not to affect adversely the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to per- form the military functions of the member or unit. (2) The performance of the activities is not to degrade the military skills of the members of the National Guard performing those activi- ties. (Added Pub. L. 108–375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878.) § 905. Funding assistance In the case of any homeland defense activity for which the Secretary of Defense determines under section 902 of this title that participation of units or members of the National Guard of a State is necessary and appropriate, the Sec- retary may provide funds to that State in an amount that the Secretary determines is appro- priate for the following costs of the participa- tion in that activity from funds available to the Department for related purposes: (1) The pay, allowances, clothing, subsist- ence, gratuities, travel, and related expenses of personnel of the National Guard of that State. (2) The operation and maintenance of the equipment and facilities of the National Guard of that State.