§ 112. Drug interdiction and counter-drug activities

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XII § 1207(a)(1) · 103 Stat. 1352

   Enacted · 32 U.S.C. § 112

   Added Pub. L. 101–189, div. A, title XII, § 1207(a)(1), Nov. 29, 1989, 103 Stat. 1564

   Source evidence

   Code source credit
   Added Pub. L. 101–189, div. A, title XII, § 1207(a)(1), Nov. 29, 1989, 103 Stat. 1564

   Enacted provision · exact public law section
   (1) Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: “§ 112. Drug interdiction and counter-drug activities “(a) Funding Assistance.— The Secretary of Defense may provide to the Governor of a State who submits a plan to the Secretary under subsection (b) sufficient funds for— “(1) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State used for— “(A) the purpose of drug interdiction and counter-drug activities; and “(B) the operation and maintenance of the equipment and facilities of the National Guard of that State used for that purpose; and “(2) the procurement of services and leasing of equipment for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. “(b) Plan Requirements.— A plan referred to in subsection (a) 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; and “(3) certify that participation by National Guard personnel in those operations is service in addition to annual training required under section 502 of this title. “(c) Examination of Plan.— (1) Before funds are provided to the Governor of a State under this section, the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (b). “(2) Except as provided in paragraph (3), the Secretary shall carry out paragraph (1) in consultation with— “(A) the Attorney General of the United States in the case of a plan submitted for fiscal year 1990; and “(B) the Director of National Drug Control Policy in the case of a plan submitted for subsequent fiscal years. “(3) Paragraph (2) shall not apply if— “(A) the Governor of a State submits a plan under subsection (b) that is substantially the same as a plan submitted for that State for a previous fiscal year; and “(B) funds were provided to the State pursuant to such plan. “(d) 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. “(e) Exclusion From End-Strength Computation.— (1) Members of the National Guard on active duty or full-time National Guard duty for the purposes of administering 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 517 and 524 of title 10. “(2) The Secretary of Defense shall submit to the Committees on Reports. Armed Services of the Senate and House of Representatives an annual report specifying for the period covered by the report the number of members of the National Guard excluded under paragraph (1) from the computation of end strengths. “(f) Definitions.— For purposes of this section: “(1) The term ‘counter-drug activities’ includes the use of National Guard personnel, while not in Federal service, in any law enforcement activities authorized by State and local law and requested by the Governor. “(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.”.

2. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 703 · 105 Stat. 75

   Substituted · 32 U.S.C. § 112(c)(2)

   Pub. L. 102–25 substituted “in consultation with the Director of National Drug Control Policy.” for “in consultation with—

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 102–25 substituted “in consultation with the Director of National Drug Control Policy.” for “in consultation with—

   “(A) the Attorney General of the United States in the case of a plan submitted for fiscal year 1990; and “(B) the Director of National Drug Control Policy in the case of a plan submitted for subsequent fiscal years.”

   Enacted provision · exact public law section
   SEC. 703. AMENDMENTS TO TITLE 32, UNITED STATES CODE Section 112(c)(2) of title 32, United States Code, is amended by striking out “in consultation with—” and all that follows and inserting in lieu thereof “in consultation with the Director of National Drug Control Policy.”.

3. 1992

   Pub. L. 102–396 title IX § 9099A · 106 Stat. 1876

   Inserted · 32 U.S.C. § 112(e)(1)

   Pub. L. 102–396 inserted “(or during fiscal year 1993 otherwise implementing)” after “administering”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 102–396 inserted “(or during fiscal year 1993 otherwise implementing)” after “administering”.

   Enacted provision · exact public law section
   Sec. 9099A. Section 112(e)(1) of title 32, United States Code, is amended by inserting “(or during fiscal year 1993 otherwise implementing)” immediately after “administering”.

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1021(a) · 110 Stat. 186

   Amended · 32 U.S.C. § 112(a)

   Pub. L. 104–106, § 1021(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of Defense may provide to the Governor of a State who submits a plan to the Secretary under subsection (b) sufficient funds for—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106, § 1021(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of Defense may provide to the Governor of a State who submits a plan to the Secretary under subsection (b) sufficient funds for—

   “(1) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State used for— “(A) the purpose of drug interdiction and counter-drug activities; and “(B) the operation and maintenance of the equipment and facilities of the National Guard of that State used for that purpose; and “(2) the procurement of services and leasing of equipment for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities.”

   Enacted provision · exact public law section
   (a) Funding Assistance Authorized.— Subsection (a) of section 112 of title 32, United States Code, is amended to read as follows: “(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— “(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; and “(3) the procurement of services and leasing of equipment for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities.”.

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1021(e) · 110 Stat. 186

   Redesignated · 32 U.S.C. § 112(b)

   Pub. L. 104–106, § 1021(e), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106, § 1021(e), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (e) Use of Personnel Performing Full-Time National Guard Duty.— Such section is further amended by inserting after subsection (a) the following new subsection (b): “(b) Use of Personnel Performing Full-Time National Guard Duty.— Regulations. 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.”.

6. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1021(c) · 110 Stat. 186

   1. Substituted · 32 U.S.C. § 112(c)

      Pub. L. 104–106, § 1021(c), substituted “A State drug interdiction and counter-drug activities plan” for “A plan referred to in subsection (a)” in par. (3)

   2. Substituted · 32 U.S.C. § 112(c)

      Pub. L. 104–106, § 1021(c), substituted “training” for “annual training” in par. (3)

   3. Added · 32 U.S.C. § 112(c)

      Pub. L. 104–106, § 1021(c), added pars. (4) and (5)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 1021(c), substituted “A State drug interdiction and counter-drug activities plan” for “A plan referred to in subsection (a)” in introductory provisions and “training” for “annual training” in par. (3) and added pars. (4) and (5).

   Enacted provision · exact public law section
   (c) State Drug Interdiction and Counter-drug Activities Plan.— Subsection (c) of such section, as redesignated by subsection (b)(3), is amended— (1) in the matter preceding paragraph (1), by striking out “A plan referred to in subsection (a)” and inserting in lieu thereof “A State drug interdiction and counter-drug activities plan”; (2) by striking out “and” at the end of paragraph (2); and (3) in paragraph (3)— (A) by striking out “annual training” and inserting in lieu thereof “training”; (B) by striking out the period at the end and inserting in lieu thereof a semicolon; and (C) by adding at the end the following new paragraphs: Certification. “(4) 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 “(5) 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.”.

7. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1021(b)(3) · 110 Stat. 186

   Redesignated · 32 U.S.C. § 112(c)

   Pub. L. 104–106, § 1021(b)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 1021(b)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively.

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1021(b)(3) · 110 Stat. 186

   Redesignated · 32 U.S.C. § 112(d)

   Pub. L. 104–106, § 1021(b)(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (g)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–106, § 1021(b)(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (g).

   Enacted provision · exact public law section
   (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively.

9. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1021(d)(1) · 110 Stat. 186

   1. Inserted · 32 U.S.C. § 112(d)(1)

      Pub. L. 104–106, § 1021(d)(1), inserted “and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b)” after “under this section”

   2. Substituted · 32 U.S.C. § 112(d)(1)

      Pub. L. 104–106, § 1021(d)(1), substituted “under subsection (c)” for “under subsection (b)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 1021(d)(1), inserted “and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b)” after “under this section” and substituted “under subsection (c)” for “under subsection (b)”.

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by striking out “subsection (b)” and inserting in lieu thereof “subsection (c)”; and (B) by inserting after “Before funds are provided to the Governor of a State under this section” the following: “and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b)”; and

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(d)(2)(A) · 110 Stat. 186

    Substituted · 32 U.S.C. § 112(d)(3)(A)

    Pub. L. 104–106, § 1021(d)(2)(A), substituted “subsection (c)” for “subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 104–106, § 1021(d)(2)(A), substituted “subsection (c)” for “subsection (b)”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking out “subsection (b)” and inserting in lieu thereof “subsection (c)”; and

11. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(d)(2)(B) · 110 Stat. 186

    1. Added · 32 U.S.C. § 112(d)(3)(B)

       Pub. L. 104–106, § 1021(d)(2)(B), added subpar. (B)

    2. Struck · 32 U.S.C. § 112(d)(3)(B)

       Pub. L. 104–106, § 1021(d)(2)(B), struck out former subpar. (B) which read as follows: “funds were provided to the State pursuant to such plan.”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B). Pub. L. 104–106, § 1021(d)(2)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “funds were provided to the State pursuant to such plan.”

    Enacted provision · exact public law section
    (B) by striking out subparagraph (B) and inserting in lieu thereof the following: “(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).”.

12. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(h)(1) · 110 Stat. 186

    Substituted · 32 U.S.C. § 112(e)(1)

    Pub. L. 104–106, § 1021(h)(1), substituted “sections 12011 and 12012” for “sections 517 and 524”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 104–106, § 1021(h)(1), substituted “sections 12011 and 12012” for “sections 517 and 524”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “sections 517 and 524” and inserting in lieu thereof “sections 12011 and 12012”; and

13. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(h)(2) · 110 Stat. 186

    Substituted · 32 U.S.C. § 112(e)(2)

    Pub. L. 104–106, § 1021(h)(2), substituted “the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “the Committees on Armed Services of the Senate and House of Representatives”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 104–106, § 1021(h)(2), substituted “the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “the Committees on Armed Services of the Senate and House of Representatives”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking out “the Committees on Armed Services of the Senate and House of Representatives” and inserting in lieu thereof “the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”.

14. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(f) · 110 Stat. 186

    Redesignated · 32 U.S.C. § 112(f)

    Pub. L. 104–106, § 1021(f), added subsec. (f). Former subsec. (f) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–106, § 1021(f), added subsec. (f). Former subsec. (f) redesignated (h).

    Enacted provision · exact public law section
    (f) End Strength Limitation.— Such section is further amended by inserting after subsection (e) the following new subsection (f): “(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 allow-ances 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.”.

15. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(b)(2) · 110 Stat. 186

    Redesignated · 32 U.S.C. § 112(g)

    Pub. L. 104–106, § 1021(b)(2), redesignated subsec. (d) as (g) and transferred it to appear before subsec. (h), as redesignated

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–106, § 1021(b)(2), redesignated subsec. (d) as (g) and transferred it to appear before subsec. (h), as redesignated.

    Enacted provision · exact public law section
    (2) by redesignating subsection (d) as subsection (g) and transferring that subsection to appear before subsection (h), as redesignated by paragraph (1); and

16. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(b)(1) · 110 Stat. 186

    Redesignated · 32 U.S.C. § 112(h)

    Pub. L. 104–106, § 1021(b)(1), redesignated subsec. (f) as (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–106, § 1021(b)(1), redesignated subsec. (f) as (h).

    Enacted provision · exact public law section
    (1) by redesignating subsection (f) as subsection (h);

17. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1021(g) · 110 Stat. 186

    Amended · 32 U.S.C. § 112(h)(1)

    Pub. L. 104–106, § 1021(g), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘counter-drug activities’ includes the use of National Guard personnel, while not in Federal service, in any law enforcement activities authorized by State and local law and requested by the Governor.”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 104–106, § 1021(g), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘counter-drug activities’ includes the use of National Guard personnel, while not in Federal service, in any law enforcement activities authorized by State and local law and requested by the Governor.”

    Enacted provision · exact public law section
    (g) Definitions.— Subsection (h) of such section, as redesignated by subsection (b)(1), is amended by striking out paragraph (1) and inserting in lieu thereof the following: “(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 authorized by the law of the State and requested by the Governor of the State.”,

18. 1996

    NATO Enlargement Facilitation Act of 1996

    Pub. L. 104–208 div. C title VI § 660 · 110 Stat. 3009

    Inserted · 32 U.S.C. § 112(d)(1)

    Pub. L. 104–208 inserted at end “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.”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 104–208 inserted at end “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.”

    Enacted provision · exact public law section
    Sec. 660. Notwithstanding Section 613, interagency financing is authorized to carry out the purposes of the National Bioethics Advisory Commission.

19. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1031(a) · 111 Stat. 1629

    1. Amended · 32 U.S.C. § 112(b)

       Pub. L. 105–85, § 1031(a), designated existing provisions as par. (1)

    2. Added · 32 U.S.C. § 112(b)

       Pub. L. 105–85, § 1031(a), added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–85, § 1031(a), designated existing provisions as par. (1) and added pars. (2) and (3).

    Enacted provision · exact public law section
    (a) Relationship to Training and Readiness.— Subsection (b) of section 112 of title 32, United States Code, is amended— (1) by inserting “(1)” before “Under regulations”; and (2) by adding at the end the following new paragraphs: “(2) 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 is not detrimental to the training and readiness of such units and personnel, the requirements of section 2012(d) of title 10 shall apply in determining the drug interdiction and counter-drug activities that units and personnel of the National Guard of a State may perform. “(3) Section 508 of this title, regarding the provision of assistance to certain specified youth and charitable organizations, shall apply in any case in which a unit or member of the National Guard of a State is proposed to be used pursuant to a State drug interdiction and counter-drug activities plan to provide to an organization specified in subsection (d) of such section any of the services described in subsection (b) of such section or services regarding counter-drug education.”.

20. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1031(b)(1) · 111 Stat. 1629

    1. Added · 32 U.S.C. § 112(c)(4)(6)

       Pub. L. 105–85, § 1031(b)(1), added par. (4)

    2. Redesignated · 32 U.S.C. § 112(c)(4)(6)

       Pub. L. 105–85, § 1031(b)(1), redesignated former pars. (4) and (5) as (5) and (6), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(4) to (6). Pub. L. 105–85, § 1031(b)(1), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

21. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1031(d) · 111 Stat. 1629

    1. Amended · 32 U.S.C. § 112(e)

       Pub. L. 105–85, § 1031(d), designated par. (1) as subsec. (e)

    2. Struck · 32 U.S.C. § 112(e)

       Pub. L. 105–85, § 1031(d), struck out par. (2) which read as follows: “The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an annual report specifying for the period covered by the report the number of members of the National Guard excluded under paragraph (1) from the computation of end strengths.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–85, § 1031(d), designated par. (1) as subsec. (e) and struck out par. (2) which read as follows: “The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an annual report specifying for the period covered by the report the number of members of the National Guard excluded under paragraph (1) from the computation of end strengths.”

    Enacted provision · exact public law section
    (d) Conforming Amendments.— Subsection (e) of such section is amended— (1) by striking out “(1)” before “Members”; and (2) by striking out paragraph (2).

22. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1031(c) · 111 Stat. 1629

    1. Added · 32 U.S.C. § 112(g)(i)

       Pub. L. 105–85, § 1031(c), added subsec. (g)

    2. Redesignated · 32 U.S.C. § 112(g)(i)

       Pub. L. 105–85, § 1031(c), redesignated former subsecs. (g) and (h) as (h) and (i), respectively

    Source evidence

    Code amendment note
    Subsecs. (g) to (i). Pub. L. 105–85, § 1031(c), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

    Enacted provision · exact public law section
    (c) Annual Report.— Such section is further amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following new subsection: “(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 counterdrug 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.”.

23. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(e)(1) · 112 Stat. 1920

    Substituted · 32 U.S.C. § 112(a)

    Pub. L. 105–261, § 1022(e)(1), substituted “for the following:” for “for—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–261, § 1022(e)(1), substituted “for the following:” for “for—” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking out “for—” and inserting in lieu thereof “for the following:”;

24. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(e)(2) · 112 Stat. 1920

    1. Substituted · 32 U.S.C. § 112(a)(1)

       Pub. L. 105–261, § 1022(e)(2), (3), substituted “The pay” for “the pay”

    2. Substituted · 32 U.S.C. § 112(a)(1)

       Pub. L. 105–261, § 1022(e)(2), (3), substituted “activities.” for “activities;”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–261, § 1022(e)(2), (3), substituted “The pay” for “the pay” and “activities.” for “activities;”.

    Enacted provision · exact public law section
    (2) by striking out “the” at the beginning of paragraphs (1), (2), and (3) and inserting in lieu thereof “The”;

25. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(e)(2) · 112 Stat. 1920

    1. Substituted · 32 U.S.C. § 112(a)(2)

       Pub. L. 105–261, § 1022(e)(2), (4), substituted “The operation” for “the operation”

    2. Substituted · 32 U.S.C. § 112(a)(2)

       Pub. L. 105–261, § 1022(e)(2), (4), substituted “activities.” for “activities; and”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–261, § 1022(e)(2), (4), substituted “The operation” for “the operation” and “activities.” for “activities; and”.

    Enacted provision · exact public law section
    (2) by striking out “the” at the beginning of paragraphs (1), (2), and (3) and inserting in lieu thereof “The”;

26. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(a) · 112 Stat. 1920

    1. Substituted · 32 U.S.C. § 112(a)(3)

       Pub. L. 105–261, § 1022(a), (e)(2), substituted “The procurement” for “the procurement”

    2. Substituted · 32 U.S.C. § 112(a)(3)

       Pub. L. 105–261, § 1022(a), (e)(2), substituted “and equipment, and the leasing of equipment,” for “and leasing of equipment”

    3. Inserted · 32 U.S.C. § 112(a)(3)

       Pub. L. 105–261, § 1022(a), (e)(2), inserted at end “However, the use of such funds for the procurement of equipment may not exceed $5,000 per purchase order, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 105–261, § 1022(a), (e)(2), substituted “The procurement” for “the procurement” and “and equipment, and the leasing of equipment,” for “and leasing of equipment” and inserted at end “However, the use of such funds for the procurement of equipment may not exceed $5,000 per purchase order, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense.”

    Enacted provision · exact public law section
    (a) Procurement of Equipment.— subsection (a)(3) of section112 of title 32, United States Code, is amended— (1) by striking out “and leasing of equipment” and inserting in lieu thereof “and equipment, and the leasing of equipment,”; and (2) by adding at the end the following new sentence: “However, the use of such funds for the procurement of equipment may not exceed $5,000 per purchase order, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense.”.

27. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(b) · 112 Stat. 1920

    Amended · 32 U.S.C. § 112(b)(2)

    Pub. L. 105–261, § 1022(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 is not detrimental to the training and readiness of such units and personnel, the requirements of section 2012(d) of title 10 shall apply in determining the drug interdiction and counter-drug activities that units and personnel of the National Guard of a State may perform.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–261, § 1022(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 is not detrimental to the training and readiness of such units and personnel, the requirements of section 2012(d) of title 10 shall apply in determining the drug interdiction and counter-drug activities that units and personnel of the National Guard of a State may perform.”

    Enacted provision · exact public law section
    (b) Training and Readiness.— subsection (b)(2) of such section is amended to read as follows: “(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.”.

28. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(c) · 112 Stat. 1920

    Amended · 32 U.S.C. § 112(b)(3)

    Pub. L. 105–261, § 1022(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Section 508 of this title, regarding the provision of assistance to certain specified youth and charitable organizations, shall apply in any case in which a unit or member of the National Guard of a State is proposed to be used pursuant to a State drug interdiction and counter-drug activities plan to provide to an organization specified in subsection (d) of such section any of the services described in subsection (b) of such section or services regarding counter-drug education.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 105–261, § 1022(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Section 508 of this title, regarding the provision of assistance to certain specified youth and charitable organizations, shall apply in any case in which a unit or member of the National Guard of a State is proposed to be used pursuant to a State drug interdiction and counter-drug activities plan to provide to an organization specified in subsection (d) of such section any of the services described in subsection (b) of such section or services regarding counter-drug education.”

    Enacted provision · exact public law section
    (c) Assistance to Youth and Charitable Organizations.— subsection (b)(3) of such section is amended to read as follows: “(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.”.

29. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1022(d) · 112 Stat. 1920

    Inserted · 32 U.S.C. § 112(i)(1)

    Pub. L. 105–261, § 1022(d), inserted “, including drug demand reduction activities,” after “drug interdiction and counter-drug law enforcement activities”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 105–261, § 1022(d), inserted “, including drug demand reduction activities,” after “drug interdiction and counter-drug law enforcement activities”.

    Enacted provision · exact public law section
    (d) Definition of Drug Interdiction and Counter-Drug Activities.— subsection (i)(1) of such section is amended by inserting after “drug interdiction and counter-drug law enforcement activities” the following: “including drug demand reduction activities,”.

30. 1999

    Pub. L. 106–65 div. A title X § 1021 · 113 Stat. 512

    Substituted · 32 U.S.C. § 112(a)(3)

    Pub. L. 106–65 substituted “per item” for “per purchase order” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 106–65 substituted “per item” for “per purchase order” in second sentence.

    Enacted provision · exact public law section
    SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE FOR PROCUREMENT OF EQUIPMENT FOR THE NATIONAL GUARD FOR DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES. Section 112(a)(3) of title 32, United States Code, is amended by striking “per purchase order” in the second sentence and inserting “per item”.

31. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 416(k)(1) · 118 Stat. 1811

    1. Redesignated · 32 U.S.C. § 112(e)

       Pub. L. 108–375, § 416(k)(1), (2), redesignated subsec. (f) as (e)

    2. Struck · 32 U.S.C. § 112(e)

       Pub. L. 108–375, § 416(k)(1), (2), struck out heading and text of former subsec. (e). Text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–375, § 416(k)(1), (2), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “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.”

    Enacted provision · exact public law section
    (1) by striking subsection (e);

32. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 416(k)(3) · 118 Stat. 1811

    Struck · 32 U.S.C. § 112(e)(1)(A); 32 U.S.C. § 112(e)(1)(B)

    Pub. L. 108–375, § 416(k)(3), struck out “for a period of more than 180 days” after “order to duty”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A), (B). Pub. L. 108–375, § 416(k)(3), struck out “for a period of more than 180 days” after “order to duty”.

    Enacted provision · exact public law section
    (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking “for a period of more than 180 days” each place it appears.

33. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 416(k)(2) · 118 Stat. 1811

    Redesignated · 32 U.S.C. § 112(f)(i)

    Pub. L. 108–375, § 416(k)(2), redesignated subsecs. (g) to (i) as (f) to (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (f) to (i). Pub. L. 108–375, § 416(k)(2), redesignated subsecs. (g) to (i) as (f) to (h), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (f), (g), (h) and (i) as subsections (e), (f), (g) and (h) respectively; and

34. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title X § 1012 · 137 Stat. 136

    Substituted · 32 U.S.C. § 112(a)(3)

    Pub. L. 118–31 substituted “$15,000” for “$5,000”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 118–31 substituted “$15,000” for “$5,000”.

    Enacted provision · exact public law section
    SEC. 1012. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.   Section 112(a)(3) of title 32, United States Code, is amended by striking “$5,000” and inserting “$15,000”.

47 of 47 references resolved to an enrolled provision