Pennsylvania Consolidated & Unconsolidated Statutes
Act 38 - MILITARY AND VETERANS CODE (51 PA.C.S.) - USE OF PENNSYLVANIA NATIONAL GUARD FOR SPECIAL STATE DUTY AND REPEAL

Session of 2022
No. 2022-38
 
HB 2412
 
AN ACT
 
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.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
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;
(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.
 
APPROVED--The 7th day of July, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes