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PRINTER'S NO. 2824
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,
COOK, HEFFLEY, HAMM, THOMAS, MIZGORSKI, BOBACK, STAATS, KAIL,
STEPHENS, MERCURI, DAY AND QUINN, MARCH 16, 2022
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 16, 2022
AN ACT
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
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1415 of the act of April 9, 1929
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(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
needs, support Commonwealth functions and ceremonies,
participate in courts-martial and board functions, support
[Federal, State and local drug eradication and interdiction
operations] 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 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
name and type of organizations supported, the number and types
of personnel involved, types of equipment and systems utilized,
and any problems encountered in matters of jurisdiction, command
and control, hostile encounters and operation approval
procedures. The report shall include a breakdown of support
provided in the normal course of training and support
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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
subsection (a).
(e) Officers and enlisted personnel ordered on special State
duty for which pay is authorized under the order prescribing the
performance thereof shall receive the pay and allowances of
their respective grades during the time they may continue upon
duty under such order. The pay authorized by this subsection
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.
ยง 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.
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