H2412B2824A03904 MSP:JMT 04/05/22 #90 A03904
AMENDMENTS TO HOUSE BILL NO. 2412
Sponsor: REPRESENTATIVE C. WILLIAMS
Printer's No. 2824
Amend Bill, page 1, lines 1 through 24, by striking out all
of said lines and inserting
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in the Governor as Commander-in-Chief,
providing for use of Pennsylvania National Guard for special
State duty; and making a related repeal.
Amend Bill, page 1, line 27; page 2, lines 1 through 30; page
3, lines 1 through 25; by striking out all of said lines on said
pages and inserting
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 506.1. Use of Pennsylvania National Guard for special State
duty.
(a) Authorization.--The Governor may place, or delegate
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
is appropriated and available for special State duty.
(b) Report.--
(1) If members of the Pennsylvania National Guard or
Pennsylvania Guard are ordered to special State duty in
support of Federal, State and local 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 following, which shall protect the
security of sensitive information:
(i) the types of cybersecurity operations and
training performed;
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(ii) the name and type of organizations supported;
(iii) the number and types of personnel involved;
(iv) the types of equipment and systems utilized;
and
(v) problems encountered in matters of jurisdiction,
command and control, hostile encounters and operation
approval procedures.
(2) The report shall include a breakdown of support
provided in the normal course of training and 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
ordered on special State duty for which pay is authorized under
the order prescribing the performance of duty shall receive the
pay and allowances of their respective grades during the time
the duty is ordered. The pay authorized under this subsection
may not be less than $100 per day.
(f) Definitions.--As used in this section, the following
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).
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 51
Pa.C.S. § 506.1.
(2) Section 1415 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed.
Section 3. This act shall take effect in 60 days.
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See A03904 in
the context
of HB2412