REVISION AND CLARIFICATION OF AUTHORITY FOR FEDERAL SUPPORT OF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE NATIONAL GUARD.

SEC. 1021. REVISION AND CLARIFICATION OF AUTHORITY FOR FEDERAL SUPPORT OF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE NATIONAL GUARD. (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.”. (b) Reorganization of Section.— Such section is further amended— (1) by redesignating subsection (f) as subsection (h); (2) by redesignating subsection (d) as subsection (g) and transferring that subsection to appear before subsection (h), as redesignated by paragraph (1); and (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively. (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”; 110 STAT. 427 (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: “(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.”. (d) Examination of State Plan— Subsection (d) of such section, as redesignated by subsection (b)(3), is amended— (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 (2) in paragraph (3)— (A) in subparagraph (A), by striking out “subsection (b)” and inserting in lieu thereof “subsection (c)”; and (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).”. (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.— 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.”. (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-110 STAT. 428ances 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) 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.”, (h) Technical Amendments.— Subsection (e) of such section is amended— (1) in paragraph (1), by striking out “sections 517 and 524” and inserting in lieu thereof “sections 12011 and 12012”; and (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”.