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U.S. Code as of:
01/19/04
Section 112. Drug interdiction and counter-drug activities
(a) Funding Assistance. - The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a
State drug interdiction and counter-drug activities plan satisfying
the requirements of subsection (c). Such funds shall be used for
the following:
(1) The pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses, as authorized by State law, of
personnel of the National Guard of that State used, while not in
Federal service, for the purpose of drug interdiction and
counter-drug activities.
(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of drug interdiction and counter-drug activities.
(3) The procurement of services and equipment, and the leasing
of equipment, for the National Guard of that State used for the
purpose of drug interdiction and counter-drug activities.
However, the use of such funds for the procurement of equipment
may not exceed $5,000 per item, unless approval for procurement
of equipment in excess of that amount is granted in advance by
the Secretary of Defense.
(b) Use of Personnel Performing Full-Time National Guard Duty. -
(1) Under regulations prescribed by the Secretary of Defense,
personnel of the National Guard of a State may, in accordance with
the State drug interdiction and counter-drug activities plan
referred to in subsection (c), be ordered to perform full-time
National Guard duty under section 502(f) of this title for the
purpose of carrying out drug interdiction and counter-drug
activities.
(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1)
shall participate in the training required under section 502(a) of
this title in addition to the duty performed for the purpose
authorized under that paragraph. The pay, allowances, and other
benefits of the member while participating in the training shall be
the same as those to which the member is entitled while performing
duty for the purpose of carrying out drug interdiction and
counter-drug activities. The member is not entitled to additional
pay, allowances, or other benefits for participation in training
required under section 502(a)(1) of this title.
(B) Appropriations available for the Department of Defense for
drug interdiction and counter-drug activities may be used for
paying costs associated with a member's participation in training
described in subparagraph (A). The appropriation shall be
reimbursed in full, out of appropriations available for paying
those costs, for the amounts paid. Appropriations available for
paying those costs shall be available for making the
reimbursements.
(C) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State drug interdiction and
counter-drug activities plan does not degrade the training and
readiness of such units and personnel, the following requirements
shall apply in determining the drug interdiction and counter-drug
activities that units and personnel of the National Guard of a
State may perform:
(i) The performance of the activities may not adversely affect
the quality of that training or otherwise interfere with the
ability of a member or unit of the National Guard to perform the
military functions of the member or unit.
(ii) National Guard personnel will not degrade their military
skills as a result of performing the activities.
(iii) The performance of the activities will not result in a
significant increase in the cost of training.
(iv) In the case of drug interdiction and counter-drug
activities performed by a unit organized to serve as a unit, the
activities will support valid unit training requirements.
(3) A unit or member of the National Guard of a State may be
used, pursuant to a State drug interdiction and counter-drug
activities plan approved by the Secretary of Defense under this
section, to provide services or other assistance (other than air
transportation) to an organization eligible to receive services
under section 508 of this title if -
(A) the State drug interdiction and counter-drug activities
plan specifically recognizes the organization as being eligible
to receive the services or assistance;
(B) in the case of services, the performance of the services
meets the requirements of paragraphs (1) and (2) of subsection
(a) of section 508 of this title; and
(C) the services or assistance is authorized under subsection
(b) or (c) of such section or in the State drug interdiction and
counter-drug activities plan.
(c) Plan Requirements. - A State drug interdiction and
counter-drug activities plan shall -
(1) specify how personnel of the National Guard of that State
are to be used in drug interdiction and counter-drug activities;
(2) certify that those operations are to be conducted at a time
when the personnel involved are not in Federal service;
(3) certify that participation by National Guard personnel in
those operations is service in addition to training required
under section 502 of this title;
(4) certify that any engineer-type activities (as defined by
the Secretary of Defense) under the plan will be performed only
by units and members of the National Guard;
(5) include a certification by the Attorney General of the
State (or, in the case of a State with no position of Attorney
General, a civilian official of the State equivalent to a State
attorney general) that the use of the National Guard of the State
for the activities proposed under the plan is authorized by, and
is consistent with, State law; and
(6) certify that the Governor of the State or a civilian law
enforcement official of the State designated by the Governor has
determined that any activities included in the plan that are
carried out in conjunction with Federal law enforcement agencies
serve a State law enforcement purpose.
(d) Examination of Plan. - (1) Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National
Guard duty as authorized in subsection (b), the Secretary of
Defense shall examine the adequacy of the plan submitted by the
Governor under subsection (c). The plan as approved by the
Secretary may provide for the use of personnel and equipment of the
National Guard of that State to assist the Immigration and
Naturalization Service in the transportation of aliens who have
violated a Federal or State law prohibiting or regulating the
possession, use, or distribution of a controlled substance.
(2) Except as provided in paragraph (3), the Secretary shall
carry out paragraph (1) in consultation with the Director of
National Drug Control Policy.
(3) Paragraph (2) shall not apply if -
(A) the Governor of a State submits a plan under subsection (c)
that is substantially the same as a plan submitted for that State
for a previous fiscal year; and
(B) pursuant to the plan submitted for a previous fiscal year,
funds were provided to the State in accordance with subsection
(a) or personnel of the National Guard of the State were ordered
to perform full-time National Guard duty in accordance with
subsection (b).
(e) Exclusion From End-Strength Computation. - Members of the
National Guard on active duty or full-time National Guard duty for
the purposes of administering (or during fiscal year 1993 otherwise
implementing) this section shall not be counted toward the annual
end strength authorized for reserves on active duty in support of
the reserve components of the armed forces or toward the strengths
authorized in sections 12011 and 12012 of title 10.
(f) End Strength Limitation. - (1) Except as provided in
paragraph (2), at the end of a fiscal year there may not be more
than 4000 members of the National Guard -
(A) on full-time National Guard duty under section 502(f) of
this title to perform drug interdiction or counter-drug
activities pursuant to an order to duty for a period of more than
180 days; or
(B) on duty under State authority to perform drug interdiction
or counter-drug activities pursuant to an order to duty for a
period of more than 180 days with State pay and allowances being
reimbursed with funds provided under subsection (a)(1).
(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) by not more than 20 percent for any
fiscal year if the Secretary determines that such an increase is
necessary in the national security interests of the United States.
(g) Annual Report. - The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and
activities carried out under this section during the preceding
fiscal year. The report shall include the following:
(1) The number of members of the National Guard excluded under
subsection (e) from the computation of end strengths.
(2) A description of the drug interdiction and counter-drug
activities conducted under State drug interdiction and
counter-drug activities plans referred to in subsection (c) with
funds provided under this section.
(3) An accounting of the amount of funds provided to each
State.
(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform activities under the State drug interdiction and
counter-drug activities plans.
(h) Statutory Construction. - Nothing in this section shall be
construed as a limitation on the authority of any unit of the
National Guard of a State, when such unit is not in Federal
service, to perform law enforcement functions authorized to be
performed by the National Guard by the laws of the State concerned.
(i) Definitions. - For purposes of this section:
(1) The term "drug interdiction and counter-drug activities",
with respect to the National Guard of a State, means the use of
National Guard personnel in drug interdiction and counter-drug
law enforcement activities, including drug demand reduction
activities, authorized by the law of the State and requested by
the Governor of the State.
(2) The term "Governor of a State" means, in the case of the
District of Columbia, the Commanding General of the National
Guard of the District of Columbia.
(3) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.
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