32 USC 112 - Drug interdiction and counter-drug activities

1 See References in Text note below.

from the computation of end strengths.

Editorial Notes

References in Text

Subsection (e), referred to in subsec. (f)(1), was repealed and subsec. (f) was redesignated (e) by Puspan. L. 108–375, div. A, title IV, § 416(k)(1), (2), Oct. 28, 2004, 118 Stat. 1869.

Prior Provisions

Similar provisions were contained in Puspan. L. 100–456, div. A, title XI, § 1105, Sept. 29, 1988, 102 Stat. 2047, which was set out as a note under section 374 of Title 10, Armed Forces, prior to repeal by Puspan. L. 101–189, § 1207(span).

Amendments

2023—Subsec. (a)(3). Puspan. L. 118–31 substituted “$15,000” for “$5,000”.

2004—Subsec. (e). Puspan. L. 108–375, § 416(k)(1), (2), redesignated subsec. (f) as (e) and struck out span 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.”

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

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

1999—Subsec. (a)(3). Puspan. L. 106–65 substituted “per item” for “per purchase order” in second sentence.

1998—Subsec. (a). Puspan. L. 105–261, § 1022(e)(1), substituted “for the following:” for “for—” in introductory provisions.

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

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

Subsec. (a)(3). Puspan. 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.”

Subsec. (span)(2). Puspan. L. 105–261, § 1022(span), 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.”

Subsec. (span)(3). Puspan. 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 (span) of such section or services regarding counter-drug education.”

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

1997—Subsec. (span). Puspan. L. 105–85, § 1031(a), designated existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (c)(4) to (6). Puspan. L. 105–85, § 1031(span)(1), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (e). Puspan. 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.”

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

1996—Subsec. (a). Puspan. 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 (span) 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.”

Subsec. (span). Puspan. L. 104–106, § 1021(e), added subsec. (span). Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. 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).

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

Subsec. (d). Puspan. L. 104–106, § 1021(span)(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (g).

Subsec. (d)(1). Puspan. 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.”

Puspan. 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 (span)” after “under this section” and substituted “under subsection (c)” for “under subsection (span)”.

Subsec. (d)(3)(A). Puspan. L. 104–106, § 1021(d)(2)(A), substituted “subsection (c)” for “subsection (span)”.

Subsec. (d)(3)(B). Puspan. 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.”

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

Subsec. (e)(2). Puspan. 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”.

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

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

Subsec. (h). Puspan. L. 104–106, § 1021(span)(1), redesignated subsec. (f) as (h).

Subsec. (h)(1). Puspan. 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.”

1992—Subsec. (e)(1). Puspan. L. 102–396 inserted “(or during fiscal year 1993 otherwise implementing)” after “administering”.

1991—Subsec. (c)(2). Puspan. 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.”

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (f) of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

National Guard Counterdrug Schools

Puspan. L. 109–469, title IX, § 901, Dec. 29, 2006, 120 Stat. 3536, as amended by Puspan. L. 112–239, div. A, title X, § 1008, Jan. 2, 2013, 126 Stat. 1905; Puspan. L. 114–328, div. A, title X, § 1012, Dec. 23, 2016, 130 Stat. 2385, provided that:

“(a)Authority To Operate.—Under such regulations as the Secretary of Defense may prescribe, the Chief of the National Guard Bureau may establish and operate, or provide financial assistance to the States to establish and operate, not more than 5 schools (to be known generally as ‘National Guard counterdrug schools’).

“(span)Purpose.—The purpose of the National Guard counterdrug schools shall be the provision by the National Guard of training in drug interdiction and counterdrug activities and drug demand reduction activities to personnel of the following:

“(1) Federal agencies.

“(2) State, local, and tribal law enforcement agencies.

“(3) Community-based organizations engaged in such activities.

“(4) Other non-Federal governmental and private entities and organizations engaged in such activities.

“(c)Counterdrug Schools Specified.—The National Guard counterdrug schools operated under the authority in subsection (a) are as follows:

“(1) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida.

“(2) The Midwest Counterdrug Training Center (MCTC), Johnston, Iowa.

“(3) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi.

“(4) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania.

“(5) The Western Regional Counterdrug Training Center, Camp Murray, Washington.

“(d)Use of National Guard Personnel.—

“(1)In general.—To the extent provided for in the State drug interdiction and counterdrug activities plan of a State in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered to perform full-time National Guard duty authorized under section 112(span) of title 32, United States Code, may provide training referred to in subsection (span) at that school.

“(2)Definition.—In this subsection, the term ‘State drug interdiction and counterdrug activities plan’, in the case of a State, means the current plan submitted by the Governor of the State to the Secretary of Defense under section 112 of title 32, United States Code.

“(e)Curriculum Review.—The Secretary of Defense shall review the curriculum and program structure of each school established under this section.

“(f)Treatment Under Authority To Provide Counterdrug Support.—The provisions of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note) shall apply to any activities of a National Guard counterdrug school under this section that are for an agency referred to in subsection (a) of such section 1004 and for a purpose set forth in subsection (span) of such section 1004.

“(g)Annual Report on Activities.—Not later than February 1 each year, the Secretary of Defense shall submit to Congress a report on the activities of the National Guard counterdrug schools during the preceding year. Each such report shall set forth a description of the activities of each National Guard counterdrug school for the fiscal year preceding the fiscal year during which the report is submitted, including—

“(1) the amount of funding made available and the appropriation account for each National Guard counterdrug school during such fiscal year;

“(2) the cumulative amount of funding made available for each National Guard counterdrug school during five fiscal years preceding such fiscal year;

“(3) a description of the curriculum and training used at each National Guard counterdrug school;

“(4) a description of how the activities conducted at each National Guard counterdrug school fulfilled Department of Defense counterdrug mission;

“(5) a list of the entities described in subsection (span) whose personnel received training at each National Guard counterdrug school; and

“(6) updates, if any, to the Department of Defense regulations prescribed under subsection (a).

“(h)Authorization of Appropriations.—

“(1)In general.—Not more than $30,000,000 may be expended by the Secretary of Defense for purposes of the National Guard counterdrug schools in any fiscal year.

“(2)Construction.—The amount expended pursuant to paragraph (1) for a fiscal year is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for such fiscal year.”

[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 901(g) of Puspan. L. 109–469, set out above, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.]