Page:United States Statutes at Large Volume 110 Part 1.djvu/451

 PUBLIC LAW 104-106—FEB. 10, 1996 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: Certification. "(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 Regulations. 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-

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