Notes on 32 U.S.C. § 112 : US Code - Notes

Search Notes on 32 U.S.C. § 112 : US Code - Notes

(Added Pub. L. 101-189, div. A, title XII, Sec. 1207(a)(1), Nov.
29, 1989, 103 Stat. 1564; amended Pub. L. 102-25, title VII, Sec.
703, Apr. 6, 1991, 105 Stat. 118; Pub. L. 102-396, title IX, Sec.
9099A, Oct. 6, 1992, 106 Stat. 1926; Pub. L. 104-106, div. A, title
X, Sec. 1021, Feb. 10, 1996, 110 Stat. 426; Pub. L. 104-208, div.
C, title VI, Sec. 660, Sept. 30, 1996, 110 Stat. 3009-720; Pub. L.
105-85, div. A, title X, Sec. 1031, Nov. 18, 1997, 111 Stat. 1880;
Pub. L. 105-261, div. A, title X, Sec. 1022, Oct. 17, 1998, 112
Stat. 2120; Pub. L. 106-65, div. A, title X, Sec. 1021, Oct. 5,
1999, 113 Stat. 746; Pub. L. 108-375, div. A, title IV, Sec.
416(k), Oct. 28, 2004, 118 Stat. 1869.)
REFERENCES IN TEXT
Subsection (e), referred to in subsec. (f)(1), was repealed and
subsec. (f) was redesignated (e) by Pub. L. 108-375, div. A, title
IV, Sec. 416(k)(1), (2), Oct. 28, 2004, 118 Stat. 1869.
PRIOR PROVISIONS
Similar provisions were contained in Pub. L. 100-456, div. A,
title XI, Sec. 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 Pub. L. 101-189, Sec. 1207(b).
AMENDMENTS
2004 - Subsec. (e). Pub. L. 108-375, Sec. 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."
Subsec. (e)(1)(A), (B). Pub. L. 108-375, Sec. 416(k)(3), struck
out "for a period of more than 180 days" after "order to duty".
Subsecs. (f) to (i). Pub. L. 108-375, Sec. 416(k)(2),
redesignated subsecs. (g) to (i) as (f) to (h), respectively.
1999 - Subsec. (a)(3). Pub. L. 106-65 substituted "per item" for
"per purchase order" in second sentence.
1998 - Subsec. (a). Pub. L. 105-261, Sec. 1022(e)(1), substituted
"for the following:" for "for - " in introductory provisions.
Subsec. (a)(1). Pub. L. 105-261, Sec. 1022(e)(2), (3),
substituted "The pay" for "the pay" and "activities." for
"activities;".
Subsec. (a)(2). Pub. L. 105-261, Sec. 1022(e)(2), (4),
substituted "The operation" for "the operation" and "activities."
for "activities; and".
Subsec. (a)(3). Pub. L. 105-261, Sec. 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. (b)(2). Pub. L. 105-261, Sec. 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."
Subsec. (b)(3). Pub. L. 105-261, Sec. 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."
Subsec. (i)(1). Pub. L. 105-261, Sec. 1022(d), inserted ",
including drug demand reduction activities," after "drug
interdiction and counter-drug law enforcement activities".
1997 - Subsec. (b). Pub. L. 105-85, Sec. 1031(a), designated
existing provisions as par. (1) and added pars. (2) and (3).
Subsec. (c)(4) to (6). Pub. L. 105-85, Sec. 1031(b)(1), added
par. (4) and redesignated former pars. (4) and (5) as (5) and (6),
respectively.
Subsec. (e). Pub. L. 105-85, Sec. 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). Pub. L. 105-85, Sec. 1031(c), added subsec.
(g) and redesignated former subsecs. (g) and (h) as (h) and (i),
respectively.
1996 - Subsec. (a). Pub. L. 104-106, Sec. 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."
Subsec. (b). Pub. L. 104-106, Sec. 1021(e), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-106, Sec. 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).
Pub. L. 104-106, Sec. 1021(b)(3), redesignated subsec. (b) as
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-106, Sec. 1021(b)(3), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (g).
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."
Pub. L. 104-106, Sec. 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)".
Subsec. (d)(3)(A). Pub. L. 104-106, Sec. 1021(d)(2)(A),
substituted "subsection (c)" for "subsection (b)".
Subsec. (d)(3)(B). Pub. L. 104-106, Sec. 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). Pub. L. 104-106, Sec. 1021(h)(1), substituted
"sections 12011 and 12012" for "sections 517 and 524".
Subsec. (e)(2). Pub. L. 104-106, Sec. 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). Pub. L. 104-106, Sec. 1021(f), added subsec. (f).
Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 104-106, Sec. 1021(b)(2), redesignated
subsec. (d) as (g) and transferred it to appear before subsec. (h),
as redesignated.
Subsec. (h). Pub. L. 104-106, Sec. 1021(b)(1), redesignated
subsec. (f) as (h).
Subsec. (h)(1). Pub. L. 104-106, Sec. 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). Pub. L. 102-396 inserted "(or during
fiscal year 1993 otherwise implementing)" after "administering".
1991 - 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."
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.
(!1) See References in Text note below.