Legislative and Statutory Authority, and Funding Provisions for National Guard Counterdrug Activities

Title 32, U.S.C. § 112(d) authorizes the National Guard, as a reserve component of the Department of Defense, to conduct counterdrug operations while operating under state control. This authority enables National Guard personnel to support counterdrug activities in accordance with federal law and approved state plans.

Title 32, U.S.C. § 112(d) further authorizes the Secretary of Defense to provide federal funding to states whose Governors request support for drug interdiction and counterdrug activities conducted by National Guard members. Upon approval, these funds are allocated to each state’s counterdrug program through the National Guard Bureau, consistent with approved plans and applicable guidance.

Public Law 101-510, Section 1004, enacted as part of the Fiscal Year 1991 National Defense Authorization Act, authorizes the Secretary of Defense to provide an expanded range of counterdrug support to other departments and agencies of the federal government, as well as to state, local, tribal, and foreign law enforcement agencies, provided such support meets specified statutory and procedural requirements.

Public Law 109-469, Section 901 authorizes the National Guard to establish and operate five Counterdrug Schools. These schools provide training in drug interdiction and counterdrug activities to federal agencies; state, local, and tribal law enforcement agencies; community-based organizations; and other non-federal entities engaged in authorized counterdrug efforts.