32 U.S.C. § 113 — Federal financial assistance for support of

Page 15 TITLE 32—NATIONAL GUARD § 114 ‘‘(f) TREATMENT UNDER AUTHORITY TO PROVIDE COUNTERDRUG SUPPORT.—The provisions of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note) shall apply to any activities of a National Guard counterdrug school under this section that are for an agency referred to in subsection (a) of such section 1004 and for a purpose set forth in subsection (b) of such sec- tion 1004. ‘‘(g) ANNUAL REPORT ON ACTIVITIES.—Not later than February 1 each year, the Secretary of Defense shall submit to Congress a report on the activities of the Na- tional Guard counterdrug schools during the preceding year. Each such report shall set forth a description of the activities of each National Guard counterdrug school for the fiscal year preceding the fiscal year dur- ing which the report is submitted, including— ‘‘(1) the amount of funding made available and the appropriation account for each National Guard counterdrug school during such fiscal year; ‘‘(2) the cumulative amount of funding made avail- able for each National Guard counterdrug school dur- ing five fiscal years preceding such fiscal year; ‘‘(3) a description of the curriculum and training used at each National Guard counterdrug school; ‘‘(4) a description of how the activities conducted at each National Guard counterdrug school fulfilled De- partment of Defense counterdrug mission; ‘‘(5) a list of the entities described in subsection (b) whose personnel received training at each National Guard counterdrug school; and ‘‘(6) updates, if any, to the Department of Defense regulations prescribed under subsection (a). ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Not more than $30,000,000 may be expended by the Secretary of Defense for purposes of the National Guard counterdrug schools in any fiscal year. ‘‘(2) CONSTRUCTION.—The amount expended pursu- ant to paragraph (1) for a fiscal year is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for such fiscal year.’’ [For termination, effective Dec. 31, 2021, of annual re- porting provisions in section 901(g) of Pub. L. 109–469, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.] § 113. Federal financial assistance for support of additional duties assigned to the Army Na- tional Guard (a) AUTHORITY.—The Secretary of the Army may provide financial assistance to a State to support activities carried out by the Army Na- tional Guard of the State in the performance of duties that the Secretary has assigned, with the consent of the Chief of the National Guard Bu- reau, to the Army National Guard of the State. The Secretary shall determine the amount of the assistance that is appropriate for the pur- pose. (b) COVERED ACTIVITIES.—(1) Except as pro- vided in paragraph (2), financial assistance may be provided for the performance of an activity by the Army National Guard under subsection (a) only if— (A) the activity is carried out in the per- formance of a responsibility of the Secretary of the Army under paragraph (6), (10), or (11) of section 7013(b) of title 10; and (B) the Army National Guard was selected to perform the activity under competitive proce- dures that permit all qualified public-sector and private-sector sources to submit offers and be considered for selection to perform the activity on the basis of the offers, subject to the exceptions provided in section 3204(a) of title 10. (2) Paragraph (1)(B) does not apply to an activ- ity that, on October 17, 1998, was performed for the Federal Government by employees of the Federal Government or employees of a State. (c) DISBURSEMENT THROUGH NATIONAL GUARD BUREAU.—The Secretary of the Army shall dis- burse any contribution under this section through the Chief of the National Guard Bureau. (d) AVAILABILITY OF FUNDS.—Funds appro- priated for the Army for a fiscal year are avail- able for providing financial assistance under this section in support of activities carried out by the Army National Guard during that fiscal year. (Added Pub. L. 105–85, div. A, title III, § 386(a), Nov. 18, 1997, 111 Stat. 1712; amended Pub. L. 105–261, div. A, title III, § 375(a), Oct. 17, 1998, 112 Stat. 1992; Pub. L. 106–65, div. A, title X, § 1066(d)(4), Oct. 5, 1999, 113 Stat. 773; Pub. L. 108–375, div. A, title VIII, § 806, Oct. 28, 2004, 118 Stat. 2010; Pub. L. 115–232, div. A, title VIII, § 809(j), Aug. 13, 2018, 132 Stat. 1843; Pub. L. 117–81, div. A, title XVII, § 1702(f)(1), Dec. 27, 2021, 135 Stat. 2157.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(1)(B). Pub. L. 117–81 substituted ‘‘section 3204(a)’’ for ‘‘section 2304(c)’’. 2018—Subsec. (b)(1)(A). Pub. L. 115–232 substituted ‘‘section 7013(b) of title 10’’ for ‘‘section 3013(b) of title 10’’. 2004—Subsec. (b)(1)(B). Pub. L. 108–375 inserted before period at end ‘‘, subject to the exceptions provided in section 2304(c) of title 10’’. 1999—Subsec. (b)(2). Pub. L. 106–65 substituted ‘‘Octo- ber 17, 1998’’ for ‘‘the date of the enactment of this sub- section’’. 1998—Subsec. (b). Pub. L. 105–261 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Activities supported under this section may include only those activities that are car- ried out by the Army National Guard in the perform- ance of responsibilities of the Secretary of the Army under paragraphs (6), (10), and (11) of section 3013(b) of title 10.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title III, § 375(b), Oct. 17, 1998, 112 Stat. 1993, provided that: ‘‘Subsection (b)(1)(B) of section 113 of title 32, United States Code (as added by subsection (a) of this section), does not apply to— ‘‘(1) financial assistance provided under that sec- tion before October 1, 1998; or ‘‘(2) financial assistance for an activity that, before May 9, 1998, the Secretary of the Army identified in writing as being under consideration for supporting with financial assistance under that section.’’ § 114. Funeral honors functions at funerals for veterans Subject to such regulations and restrictions as may be prescribed by the Secretary concerned,