PUBLIC LAW 100-456—SEPT. 29, 1988
102 STAT. 2047
SEC. 1105. ENHANCED DRUG INTERDICTION AND ENFORCEMENT ROLE State and local FOR THE NATIONAL GUARD f°X®™™!,"*^ 10 USC 374 note. (a) FUNDING ASSISTANCE.—(1) The Secretary of Defense may pro-
vide to the Governor of a State who submits a plan to the Secretary under paragraph (2) sufficient funds for the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of such State used— (A) for the purpose of drug interdiction and enforcement operations; and (B) for the operation and maintenance of the equipment and facilities of the National Guard of such State used for such purposes. (2) The Secretary may provide funds under paragraph (1) to the Governor of a State who submits to the Secretary a plan specifying how personnel of the National Guard of that State are to be used in drug enforcement and interdiction operation by a National Guard of a State if— (A) such operations are conducted at a time when personnel of the National Guard of the State are under the command and control of State authority and are not in Federal service; and (B) participation by a National Guard personnel in such operations is service in addition to annual training required under section 502 of title 32, United States Code. (3) Before funds are provided to the Governor of a State under this section, the Secretary of Defense shall consult with the Attorney General of the United States regarding the adequacy of the plan submitted by the Governor to the Secretary. (4) Of the amounts appropriated pursuant to section 1106, the Secretary shall, for the purposes of paragraph (1), make available— (A) not more than $30,000,000 for operations and maintenance for the National Guard, and (B) not more than $30,000,000 for National Guard personnel. (5) Nothing in this subsection 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. (b) TRAINING CRITERIA.—The Secretary of Defense shall prescribe and enforce training criteria for the National Guard to enhance the capability of the National Guard to assist in drug abuse control activities. (c) PRESIDENTIAL REPORT.—Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on the past effectiveness of using members of the National Guard for drug interdiction efforts, consistent with applicable law, along the borders and at the ports of entry of the United States and on the potential for the effective use of such members for such purpose in the future. SEC. 1106. FUNDING OF ACTIVITIES RELATED TO DRUG INTERDICTION (a) AUTHORIZATION OF APPROPRIATIONS.—(1) In addition to
the
amounts otherwise authorized to be appropriated by this Act, there is hereby authorized to be appropriated to the Department of Defense for fiscal year 1989 the sum of $210,000,000. Amounts appropriated pursuant to the preceding sentence shall be available only for trsmsfer to other appropriations available to the Department of
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