Pub. L. 105-85, div. A, tit. X, subtit. C, sec. 1031
USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES. (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.”. (b) Engineer-Type Activities.—Subsection (c) of such section is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: “(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;”. (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 111 STAT. 1881activities 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.”. (d) Conforming Amendments.—Subsection (e) of such section is amended— (1) by striking out “(1)” before “Members”; and (2) by striking out paragraph (2).