PRIOR PRINTER'S NO. 2824

PRINTER'S NO. 2973

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2412

Session of

2022

INTRODUCED BY C. WILLIAMS, GAYDOS, GROVE, SMITH, MIHALEK,

N. NELSON, JAMES, LONGIETTI, M. MACKENZIE, HENNESSEY,

MILLARD, COX, ARMANINI, MOUL, PENNYCUICK, SAYLOR, FARRY,

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in powers and duties of the Department of

Military Affairs and its departmental administrative boards,

further providing for use of Pennsylvania National Guard for

special State duty.

AMENDING TITLE 51 (MILITARY AFFAIRS) OF THE PENNSYLVANIA

hereby enacts as follows:

Section 1. Section 1415 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, is

amended to read:

Section 1415. Use of Pennsylvania National Guard for Special

State Duty.--(a) The Governor may place, or delegate authority

to the Adjutant General to order, any volunteer member of the

Pennsylvania National Guard or, when unavailable due to call or

order into the service of the United States, any member of the

Pennsylvania Guard on special State duty to respond to community

or exercises and perform other necessary military duties to the

extent that funds are appropriated and available for special

State duty.

(b) Whenever members of the Pennsylvania National Guard or

Pennsylvania Guard are ordered to special State duty in support

of Federal, State and local [drug operations] cybersecurity

functions, operations or training or exercise support, the

Governor shall annually, by April 1, submit a report to the

General Assembly setting forth the types of [drug operations

performed] cybersecurity operations and training performed, the

procedures. The report shall include a breakdown of support

substantially equivalent to training.

(c) Special State duty shall not be provided if the

provision of such support will adversely affect the ability of

the Pennsylvania National Guard or Pennsylvania Guard to perform

its primary military-preparedness missions.

(d) In addition to the powers and duties of the Adjutant

General pursuant to Title 51 of the Pennsylvania Consolidated

Statutes (relating to military affairs), the Adjutant General is

hereby authorized and directed to order members of the

Pennsylvania National Guard to special State duty under

shall not be less than forty-five dollars per day.

(f) "Special State duty" means State military duty by the

Pennsylvania military forces as authorized by this section. The

term does not include active State duty authorized by 51 Pa.C.S.

§ 508 (relating to active [State] duty for emergency) or duty

authorized and funded under Title 10 of the United States Code

(relating to Armed Forces) and Title 32 of the United States

Code (relating to National Guard).

Section 2. This act shall take effect in 60 days.

SECTION 1. TITLE 51 OF THE PENNSYLVANIA CONSOLIDATED

DUTY.

AUTHORITY TO THE ADJUTANT GENERAL TO ORDER, ANY VOLUNTEER MEMBER

OF THE PENNSYLVANIA NATIONAL GUARD OR, IF UNAVAILABLE DUE TO

CALL OR ORDER INTO THE SERVICE OF THE UNITED STATES, ANY MEMBER

OF THE PENNSYLVANIA GUARD ON SPECIAL STATE DUTY TO RESPOND TO

COMMUNITY NEEDS, SUPPORT COMMONWEALTH FUNCTIONS AND CEREMONIES,

PARTICIPATE IN COURTS-MARTIAL AND BOARD FUNCTIONS, SUPPORT STATE

AND LOCAL GOVERNMENTS AND DESIGNATED CRITICAL INFRASTRUCTURE

WITH CYBERSECURITY FUNCTIONAL SUPPORT AND NONGOVERNMENTAL AND

EDUCATIONAL INSTITUTIONS WITH CYBER TRAINING OR EXERCISES AND

PERFORM OTHER NECESSARY MILITARY DUTIES TO THE EXTENT THAT MONEY

SHALL ANNUALLY, BY APRIL 1, SUBMIT A REPORT TO THE GENERAL

ASSEMBLY SETTING FORTH THE FOLLOWING, WHICH SHALL PROTECT THE

SECURITY OF SENSITIVE INFORMATION:

(I) THE TYPES OF CYBERSECURITY OPERATIONS AND

TRAINING PERFORMED;

(II) THE NAME AND TYPE OF ORGANIZATIONS SUPPORTED;

(III) THE NUMBER AND TYPES OF PERSONNEL INVOLVED;

(IV) THE TYPES OF EQUIPMENT AND SYSTEMS UTILIZED;

(2) THE REPORT SHALL INCLUDE A BREAKDOWN OF SUPPORT

SUBSTANTIALLY EQUIVALENT TO TRAINING.

(C) LIMITATION.--SPECIAL STATE DUTY SHALL NOT BE PROVIDED IF

THE PROVISION OF THE SUPPORT WILL ADVERSELY AFFECT THE ABILITY

OF THE PENNSYLVANIA NATIONAL GUARD OR PENNSYLVANIA GUARD TO

PERFORM ITS PRIMARY MILITARY-PREPAREDNESS MISSIONS.

(D) ADJUTANT GENERAL.--IN ADDITION TO THE POWERS AND DUTIES

OF THE ADJUTANT GENERAL UNDER THIS TITLE, THE ADJUTANT GENERAL

IS AUTHORIZED AND DIRECTED TO ORDER MEMBERS OF THE PENNSYLVANIA

NATIONAL GUARD TO SPECIAL STATE DUTY UNDER SUBSECTION (A).

(E) PAY AND ALLOWANCES.--OFFICERS AND ENLISTED PERSONNEL

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SPECIAL STATE DUTY." STATE MILITARY DUTY BY THE

PENNSYLVANIA MILITARY FORCES AS AUTHORIZED UNDER THIS SECTION.

THE TERM DOES NOT INCLUDE ACTIVE STATE DUTY AUTHORIZED UNDER

SECTION 508 (RELATING TO ACTIVE DUTY FOR EMERGENCY) OR DUTY

AUTHORIZED AND FUNDED UNDER 10 U.S.C. (RELATING TO ARMED FORCES)

AND 32 U.S.C. (RELATING TO NATIONAL GUARD).

(2) SECTION 1415 OF THE ACT OF APRIL 9, 1929 (P.L.177,

REPEALED.