Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "32 U.S.C. § 101"
description: "Definitions"
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title_number: 32
title_name: "NATIONAL GUARD"
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chapter_name: "ORGANIZATION"
section: "101"
citation: "32 U.S.C. § 101"
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# 32 U.S.C. § 101 - Definitions
## Text
In addition to the definitions in sections 15 of title 1, the following definitions apply in this title:
(1) For purposes of other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the term “Territory” includes Guam and the Virgin Islands.
(2) “Armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(3) “National Guard” means the Army National Guard and the Air National Guard.
(4) “Army National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
(5) “Army National Guard of the United States” means the reserve component of the Army all of whose members are members of the Army National Guard.
(6) “Air National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
(A) is an air force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
(7) “Air National Guard of the United States” means the reserve component of the Air Force all of whose members are members of the Air National Guard.
(8) “Officer” means commissioned or warrant officer.
(9) “Enlisted member” means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade.
(10) “Grade” means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(11) “Rank” means the order of precedence among members of the armed forces.
(12) “Active duty” means full-time duty in the active military service of the United States. It includes such Federal duty as full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. It does not include full-time National Guard duty.
(13) “Supplies” includes material, equipment, and stores of all kinds.
(14) “Shall” is used in an imperative sense.
(15) “May” is used in a permissive sense. The words “no person may * * *” mean that no person is required, authorized, or permitted to do the act prescribed.
(16) “Includes” means “includes but is not limited to”.
(17) “Pay” includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
(18) “Spouse” means husband or wife, as the case may be.
(19) “Full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the members status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of this title for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 596; Pub. L. 85861, § 2(1), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 8670, § 27, June 25, 1959, 73 Stat. 148; Pub. L. 86624, § 22, July 12, 1960, 74 Stat. 417; Pub. L. 92492, § 2(a), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96513, title V, § 507(a), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 96600, § 3(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 98525, title IV, § 414(b)(1), Oct. 19, 1984, 98 Stat. 2519; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(1), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 101(1)101(2)101(3)32:4c (1st 33 words).[No source].32:2.32:4b.June 3, 1916, ch. 134, § 62 (1st 36 words of last proviso), 39 Stat. 198. 101(4)50:1112(a) (for definition purposes).June 3, 1916, ch. 134, § 117, 39 Stat. 212. 101(5)101(6)101(7)101(8)101(9)101(10)101(11)101(12)101(13)101(14)101(15)101(16)10:1835 (less last 16 words).32:2.32:4b.50:1112(b) (for definition purposes).[No source].[No source].[No source].[No source].[No source].[No source].[No source].[No source].[No source].[No source].June 3, 1916, ch. 134, § 71; added June 15, 1933, ch. 87, § 9, 48 Stat. 157; Oct. 12, 1949, ch. 681, § 530, 63 Stat. 837; July 9, 1952, ch. 608, § 803 (9th par.), 66 Stat. 505.July 9, 1952, ch. 608, § 702 (for definition purposes), 66 Stat. 501.Sept. 19, 1951, ch. 407, § 305 (less last 16 words), 65 Stat. 330. The definitions in clauses (2) and (9)(17) reflect the adoption of terminology which, though undefined in the source statutes restated in this title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used. Where established uses conflict, a choice has been made. In clause (1), the definition of “Territory” in 32:4c is executed throughout this revised title by specific reference, where applicable, to the Territories, Puerto Rico, and the Canal Zone. In clause (2), a definition of “National Guard” is inserted for clarity. In clause (3)(A), the words “a land force” are substituted for 32:2. The National Defense Act of 1916, § 117 (last 66 words), 39 Stat. 212, is not contained in 32:2. It is also omitted from the revised section as repealed by the act of February 28, 1925, ch. 374, § 3, 43 Stat. 1081. In clauses (3) and (4), the word “Army” is inserted to distinguish the organizations defined from their Air Force counterparts. In clauses (3) and (5), the words “unless the context or subject matter otherwise requires—” and “as provided in this title”, in 32:4b, are omitted as surplusage. In clauses (3)(B) and (5)(B), the words “has its officers appointed” are substituted for the word “officered”, in 32:4b. In clauses (4) and (6), only that much of the description of the composition of the Army National Guard of the United States and the Air National Guard of the United States is used as is necessary to distinguish these reserve components, respectively, from the other reserve components. In clause (5)(A), the words “an air force” are substituted for the words “for which Federal responsibility has been vested in the Secretary of the Air Force or the Department of the Air Force pursuant to law”, in 10:1835, and for 32:2 (less applicability to Army National Guard), to make the definition of “Air National Guard” parallel with the definition of “Army National Guard”, and to make explicit the intent of Congress in creating the Air National Guard, that the organized militia henceforth should consist of three mutually exhaustive classes comprising the Army, Air, and Naval militia. In clause (8), words showing how enlisted members became such are inserted to make clear that enlistment is not the only method of becoming a member in an enlisted grade.
1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 101(2)[No source].[No source]. 101(18)[No source].[No source]. In clause (2), the term “armed forces” is defined for legislative convenience and is defined the same as that term is defined in section 101(4) of title 10, United States Code. The definition in clause (18) reflects the adoption of terminology which, though undefined in the source statutes restated in this title, represents the closest practicable approximation of the ways in which the term has been commonly used.
Editorial Notes
Amendments2006—Cl. (1). Pub. L. 109163 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “ Territory means any Territory organized after this title is enacted, so long as it remains a Territory. However, for purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, Territory includes Guam and the Virgin Islands.” 1988—Cls. (4), (6). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1984—Cl. (12). Pub. L. 98525, § 414(b)(1)(A), inserted at end “It does not include full-time National Guard duty.” Cl. (19). Pub. L. 98525, § 414(b)(1)(B), added cl. (19). 1980—Cl. (1). Pub. L. 96600 inserted reference to Guam. Cl. (12). Pub. L. 96513 struck out “duty on the active list,” after “Federal duty as”. 1972—Cl. (1). Pub. L. 92492 inserted provision including within term “Territory” for purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the Virgin Islands. 1960—Cl. (1). Pub. L. 86624 struck out reference to Hawaii. 1959—Cl. (1). Pub. L. 8670 struck out reference to Alaska. 1958—Cls. (2) to (18). Pub. L. 85861 added cls. (2) and (18) and renumbered former cls. (2) to (16) as (3) to (17), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Sept. 15, 1981, see section 701(a) of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Official Designation of Salem, Massachusetts, as Birthplace of the National Guard of the United StatesPub. L. 112241, § 1, Jan. 10, 2013, 126 Stat. 2372, provided that: “(a) Findings.—Congress makes the following findings:“(1) In 1629, Captain John Endicott organized the first militia in the Massachusetts Bay Colony in Salem. “(2) The colonists had adopted the English militia system, which required all males between the ages of 16 and 60 to possess arms and participate in the defense of the community. “(3) In 1636, the Massachusetts General Court ordered the organization of three militia regiments, designated as the North, South, and East regiments. “(4) These regiments drilled once a week and provided guard details each evening to sound the alarm in case of attack. “(5) The East Regiment, the predecessor of the 101st Engineer Battalion, assembled as a regiment for the first time in 1637 on the Salem Common, marking the beginning of the Massachusetts National Guard and the National Guard of the United States. “(6) Since 1785, Salems own Second Corps of Cadets (101st and 102nd Field Artillery) has celebrated the anniversary of that first muster. “(7) As the policy contained in section 102 of title 32, United States Code, clearly expresses, the National Guard continues its historic mission of providing units for the first line defense of the United States and current missions throughout the world. “(8) The designation of the City of Salem, Massachusetts, as the Birthplace of the National Guard of the United States will contribute positively to tourism and economic development in the city, create jobs, and instill pride in both the local and State communities. “(b) Designation of Salem, Massachusetts, as National Guard Birthplace.—In light of the findings made in subsection (a), the City of Salem, Massachusetts, is hereby designated as the Birthplace of the National Guard of the United States. “(c) Responsibilities.—“(1) Military ceremonial support.—The Chief of the National Guard Bureau, in conjunction with the Secretary of the Army, the Secretary of the Air Force, the Council of Governors, and the Adjutant General of the State of Massachusetts, shall provide military ceremonial support at the dedication of any monument, plaque, or other form of official recognition placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birthplace of the National Guard of the United States. “(2) Funding source.—Federal funds may not be used to design, procure, prepare, install, or maintain any monument, plaque, or other form of official recognition placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birthplace of the National Guard of the United States, but the Adjutant General of the State of Massachusetts may accept and expend contributions of non-Federal funds for this purpose.”
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# 32 U.S.C. § 102 - General policy
## Text
In accordance with the traditional military policy of the United States, it is essential that the strength and organization of the Army National Guard and the Air National Guard as an integral part of the first line defenses of the United States be maintained and assured at all times. Whenever Congress determines that more units and organizations are needed for the national security than are in the regular components of the ground and air forces, the Army National Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with such units of other reserve components as are necessary for a balanced force, shall be ordered to active Federal duty and retained as long as so needed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 597.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 10250:921(b).July 9, 1952, ch. 608, § 201(b), 66 Stat. 482. The words “The Congress further declares * * * as expressed in the National Defense Act of 1916 as amended” and “It is the intent of Congress that” are omitted as surplusage. The words “United States” are substituted for the words “our” and “this Nation”. The words “more * * * than are in” are substituted for the words “in excess of those”. The words “Federal duty” are substituted for the words “military service of the United States”. The words “as long as so needed” are substituted for the words “so long as such necessity exists”.
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# 32 U.S.C. § 103 - Branches and organizations
## Text
The Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands includes such members of the staff corps corresponding to the staff corps of the Army as the Secretary of the Army may authorize.
(Aug. 10, 1956, ch. 1041, 70A Stat. 597; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 10332:9.July 9, 1918, ch. 143 (proviso of 13th par. under “National Guard”), 40 Stat. 875. The word “members” is substituted for the words “officers and enlisted men”. The word “Regular” is omitted, since the organization is now prescribed for the Army, and the Regular Army is only a personnel category.
Editorial Notes
Amendments2006—Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”. 1988—Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 104 - Units: location; organization; command
## Text
(a) Each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands may fix the location of the units and headquarters of its National Guard.
(b) Except as otherwise specifically provided in this title, the organization of the Army National Guard and the composition of its units shall be the same as those prescribed for the Army, subject, in time of peace, to such general exceptions as the Secretary of the Army may authorize; and the organization of the Air National Guard and the composition of its units shall be the same as those prescribed for the Air Force, subject, in time of peace, to such general exceptions as the Secretary of the Air Force may authorize.
(c) To secure a force the units of which when combined will form complete higher tactical units, the President may designate the units of the National Guard, by branch of the Army or organization of the Air Force, to be maintained in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. However, no change in the branch, organization, or allotment of a unit located entirely within a State may be made without the approval of its governor.
(d) To maintain appropriate organization and to assist in training and instruction, the President may assign the National Guard to divisions, wings, and other tactical units, and may detail commissioned officers of the National Guard or of the Regular Army or the Regular Air Force, as the case may be, to command those units. However, the commanding officer of a unit organized wholly within a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may not be displaced under this subsection.
(e) To insure prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail a commissioned officer of the Regular Army to perform the duties of chief of staff for each fully organized division of the Army National Guard, and a commissioned officer of the Regular Air Force to perform the duties of the corresponding position for each fully organized wing of the Air National Guard.
(f) Unless the President consents—
(1) an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded; and
(2) the actual strength of such an organization in commissioned officers or enlisted members may not be reduced below the minimum strength prescribed by the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 100456, div. A, title XII, § 1234(b)(1), (2), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(2)(4), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 104(a)104(b)104(c)32:6.32:5 (1st sentence).32:5 (less 1st sentence).June 3, 1916, ch. 134, §§ 64, 65 (proviso), 68, 39 Stat. 198200. 104(d)104(e)104(f)32:8.32:10 (proviso).32:16.June 3, 1916, ch. 134, § 60; June 4, 1920, ch. 227 subch. I, § 36; restated June 15, 1933, ch. 87, § 6, 48 Stat. 156. In subsection (a), the words “within their respective borders” are omitted as surplusage. In subsection (b), the word “Army” is substituted for the words “Regular Army”, since the Army is the category for which the organization is prescribed, and the Regular Army is a personnel category for which no organization is prescribed. Similarly, the words “Air Force” are used instead of the words “Regular Air Force”. In subsection (c), the words “by branch of the Army or organization of the Air Force” are substituted for the words “as to branch or arm of service”. The words “branch, organization, or allotment of a unit” are substituted for the words “allotment, branch, or arm of units or organizations”. In subsections (d) and (e) the word “commissioned” is inserted, since 32:8 and 10 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (d), the word “brigades” is omitted as surplusage. In subsection (e), the word “tactical” is omitted as surplusage. In subsection (f), the words “have received compensation from the United States as members of the National Guard” are substituted for the words “shall be entitled to and shall have received compensation under the provisions of this title”. The words “actual strength * * * in commissioned officers or enlisted members” are substituted for the words “commissioned or enlisted strength”.
Editorial Notes
Amendments2006—Subsec. (a). Pub. L. 109163, § 1057(b)(4), substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory and Puerto Rico”. Subsec. (c). Pub. L. 109163, § 1057(b)(2), substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”. Subsec. (d). Pub. L. 109163, § 1057(b)(3), substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”. 1988—Subsec. (a). Pub. L. 100456, § 1234(b)(2), substituted “Each State or Territory and Puerto Rico” for “Each State and Territory, Puerto Rico, and the Canal Zone”. Subsecs. (c), (d). Pub. L. 100456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.
Statutory Notes and Related Subsidiaries
Council of GovernorsPub. L. 110181, div. A, title XVIII, § 1822, Jan. 28, 2008, 122 Stat. 500, provided that: “The President shall establish a bipartisan Council of Governors to advise the Secretary of Defense, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions.”
Comptroller General Assessments of National Guard ManagementPub. L. 107314, div. A, title V, § 511(a), Dec. 2, 2002, 116 Stat. 2536, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 2, 2002], the Comptroller General shall submit to Congress a report on management of the National Guard. The report shall include the following: “(1) The Comptroller Generals assessment of the effectiveness of the implementation of Department of Defense plans for improving management and accounting for personnel strengths in the National Guard, including an assessment of the process that the Department of Defense, the National Guard Bureau, the Army National Guard and State-level National Guard leadership, and leadership in the other reserve components have for identifying and addressing in a timely manner specific units in which nonparticipation rates are significantly in excess of the established norms. “(2) The Comptroller Generals assessment of the effectiveness of the process for Federal recognition of senior National Guard officers and recommendations for improvement to that process. “(3) The Comptroller Generals assessment of the process for, and the nature and extent of, the administrative or judicial corrective action taken by the Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force as a result of Inspector General investigations or other investigations in which allegations against senior National Guard officers are substantiated in whole or in part. “(4) The Comptroller Generals determination of the effectiveness of the Federal protections provided for members or employees of the National Guard who report allegations of waste, fraud, abuse, or mismanagement and the nature and extent to which corrective action is taken against those in the National Guard who retaliate against such members or employees.”
Study of State and Federal Missions of National GuardPub. L. 103160, div. A, title V, § 522, Nov. 30, 1993, 107 Stat. 1655, directed Secretary of Defense to provide for a study of State and Federal missions of National Guard to be carried out by a federally funded research and development center, including consideration of both separate and integrated requirements (including requirements pertaining to personnel, weapons, equipment, and facilities) that derive from those missions, required an interim report not later than May 1, 1994, and a final report not later than Nov. 15, 1994, directed Secretary to submit each report to Congress, not later than 15 days after the date on which it is received by the Secretary, and directed Secretary, together with Secretary of the Army and Secretary of the Air Force, to conduct evaluation of assumptions, analysis, findings, and recommendations of the study and, not later than Feb. 1, 1995, to submit to Congress a report on the evaluation.
Retention of Ancient Privileges and OrganizationAct Aug. 10, 1956, ch. 1041, § 32, 70A Stat. 633, provided that: “(a) Any corps of artillery, cavalry, or infantry existing in any of the States on the passage of the Act of May 8, 1792, which by the laws, customs, or usages of those States has been in continuous existence since the passage of that Act, shall be allowed to retain its ancient privileges, subject, nevertheless to all duties required by law of militia: Provided, That those organizations may be a part of the National Guard and entitled to all the privileges thereof, and shall conform in all respects to the organization, discipline, and training to the National Guard in time of war: Provided further, That for purposes of training and when on active duty in the service of the United States they may be assigned to higher units, as the President may direct, and shall be subject to the orders of officers under whom they shall be serving. “(b) The First Corps Cadets, antedating, and continuously existing in the State of Massachusetts since, the Act of May 8, 1792, now designated as the 126th Tank Battalion, 26th Infantry Division, hereby declared to be a corps as defined in subsection (a) of this Act for all purposes thereof and now incorporated in the Organized Militia and a part of the National Guard of Massachusetts, shall be allowed to retain its ancient privileges and organization. The First Corps Cadets is hereby declared to be entitled to a lieutenant colonel in command and a major second in command; and those officers, when federally recognized, are entitled to the pay provided by law for their respective grades: Provided, That nothing in this section or other provisions of law shall be considered to be in derogation of any other ancient privileges to which the First Corps Cadets is entitled under the laws, customs, or usages of the State of Massachusetts.”
Executive Documents
Ex. Ord. No. 13528. Establishment of the Council of Governors Ex. Ord. No. 13528, Jan. 11, 2010, 75 F.R. 2053, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of [sic] 2008 (Public Law 110181), and in order to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property, it is hereby ordered as follows: Section 1. Council of Governors. (a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms. (b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council. Sec. 2. Functions. The Council shall meet at the call of the Secretary of Defense or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant to the President for Homeland Security and Counterterrorism; the Assistant to the President for Intergovernmental Affairs and Public Engagement; the Assistant Secretary of Defense for Homeland Defense and Americas Security Affairs; the Commander, United States Northern Command; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Security and the Department of Defense, and appropriate officials of other executive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security. Such views, information, or advice shall concern: (a) matters involving the National Guard of the various States; (b) homeland defense; (c) civil support; (d) synchronization and integration of State and Federal military activities in the United States; and (e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities. Sec. 3. Administration. (a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council. (b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law. (c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assignment or detail of personnel, and information as may be necessary for the performance of the Councils functions. (d) The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively of Members of the Council and any designated employees of a Member with authority to act on the Members behalf, as appropriate to aid the Council in carrying out its functions under this order. (e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members. Sec. 4. Definitions. As used in this order: (a) the term “State” has the meaning provided in paragraph (15) [now (17)] of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(15) [now 101(17)]); and (b) the term “Governor” has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(5)). Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to a department, agency, or the head thereof; or (2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Barack Obama.
@@ -0,0 +1,63 @@
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# 32 U.S.C. § 105 - Inspection
## Text
(a) Under regulations prescribed by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have an inspection made by inspectors general, or by any other commissioned officers of the Regular Army or the Regular Air Force detailed for that purpose, to determine whether—
(1) the amount and condition of property held by the Army National Guard or Air National Guard are satisfactory;
(2) the Army National Guard or Air National Guard is organized as provided in this title;
(3) the members of the Army National Guard or Air National Guard meet prescribed physical and other qualifications;
(4) the Army National Guard or Air National Guard and its organization are properly uniformed, armed, and equipped and are being trained and instructed for active duty in the field, or for coast defense;
(5) Army National Guard or Air National Guard records are being kept in accordance with this title;
(6) the accounts and records of each prop­erty and fiscal officer are properly maintained;
(7) the units of the Army National Guard or Air National Guard meet requirements for deployment; and
(8) the units and members of the Army National Guard or Air National Guard comply with Federal law and policy applicable to the National Guard, including policies issued by the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau.
(b) The reports of inspections under subsection (a) are the basis for determining whether the National Guard is entitled to the issue of military property as authorized under this title and to retain that property; and for determining which organizations and persons constitute units and members of the National Guard; and for determining which units of the National Guard meet deployability standards.
(c) The Chief of the National Guard Bureau may have an inspection described in subsection (a) made by inspectors general, or by commissioned officers of the Army National Guard of the United States or the Air National Guard of the United States detailed for that purpose, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 9579, title VIII, § 804(a), July 30, 1977, 91 Stat. 333; Pub. L. 102484, div. A, title XI, § 1122, Oct. 23, 1992, 106 Stat. 2540; Pub. L. 11692, div. A, title V, § 517, Dec. 20, 2019, 133 Stat. 1349; Pub. L. 117263, div. A, title V, § 514(a), Dec. 23, 2022, 136 Stat. 2565.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 105(a)105(b)32:15 (1st sentence).32:15 (less 1st sentence).June 3, 1916, ch. 134, § 93, 39 Stat. 206. In subsection (a), the word “commissioned” is inserted, since 32:15 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (a)(2), the words “provided in this title” are substituted for the words “hereinbefore prescribed”. In subsection (a)(4), the words “the Army National Guard and its organizations” are substituted for the words “the organization and the officers and enlisted men thereof”. The word “uniformed” is omitted as covered by the word “equipped”. In subsection (b), the words “under subsection (a)” are substituted for the word “such”. The words “units and members” are substituted for the word “parts”. The words “within the meaning of this title” are omitted as surplusage.
Editorial Notes
Amendments2022—Subsec. (a)(8). Pub. L. 117263 added par. (8). 2019—Subsec. (a). Pub. L. 11692, § 517(a), in introductory provisions, substituted “by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have” for “by him, the Secretary of the Army shall have” and “the Regular Army or the Regular Air Force” for “the Regular Army” and struck out “, if necessary,” after “inspectors general, or”; in pars. (1) to (5) and (7), substituted “Army National Guard or Air National Guard” for “Army National Guard”; and struck out concluding provisions which read as follows: “The Secretary of the Air Force has a similar duty with respect to the Air National Guard.” Subsec. (c). Pub. L. 11692, § 517(b), added subsec. (c). 1992—Subsec. (a). Pub. L. 102484, § 1122(1), substituted “shall” for “may” in introductory provisions and added par. (7). Subsec. (b). Pub. L. 102484, § 1122(2), inserted before period at end “; and for determining which units of the National Guard meet deployability standards”. 1977—Subsec. (a). Pub. L. 9579 substituted “Under regulations prescribed by him, the Secretary of the Army may have an inspection made” for “The Secretary of the Army shall have an inspection made at least once a year” and added cl. (6).
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# 32 U.S.C. § 106 - Annual appropriations
## Text
Sums will be appropriated annually, out of any money in the Treasury not otherwise appropriated, for the support of the Army National Guard and the Air National Guard, including the issue of arms, ordnance stores, quartermaster stores, camp equipage, and other military supplies, and for the payment of other expenses authorized by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 599.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 10632:21.June 3, 1916, ch. 134, § 67 (1st par.), 39 Stat. 199. The words “issue of” are substituted for the words “the expense of providing”. The words “for issue to the National Guard” and “pertaining to said guard as are or may be” are omitted as surplusage.
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# 32 U.S.C. § 107 - Availability of appropriations
## Text
(a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for—
(1) the necessary expenses of members of a regular or reserve component of the Army or the Air Force traveling on duty in connection with the National Guard;
(2) the necessary expenses of members of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army Staff or the Air Staff, traveling to and from annual conventions of the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Association;
(3) the transportation of supplies furnished to the National Guard as permanent equipment;
(4) the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard;
(5) the expenses of the National Guard Bureau, including clerical services;
(6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges;
(7) such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and
(8) other expenses of the National Guard authorized by law.
(b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. Payable expenses include allowances for subsistence and housing under sections 402 and 403 of title 37 and expenses for medicine and medical attendance.
(c) The pay and allowances for the Chief of the National Guard Bureau and officers of the Army National Guard of the United States or the Air National Guard of the United States called to active duty under section 12402 of title 10 shall be paid from appropriations for the pay of the Army National Guard or Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 599; Pub. L. 9083, § 4, Sept. 11, 1967, 81 Stat. 220; Pub. L. 92119, § 1(a), Aug. 13, 1971, 85 Stat. 340; Pub. L. 97258, § 2(h), Sept. 13, 1982, 96 Stat. 1061; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 103337, div. A, title XVI, § 1676(a)(1), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 10585, div. A, title VI, § 603(d)(4), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 108136, div. A, title V, § 514(a), Nov. 24, 2003, 117 Stat. 1460; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 107(a)107(b)107(c)32:22 (less proviso).32:22 (proviso, less words between 5th and 7th semicolons).32:22 (words between 5th and 7th semicolons of proviso).June 3, 1916, ch. 134, § 67 (2d par.), 39 Stat. 199; Sept. 22, 1922, ch. 423, § 3, 42 Stat. 1034; Apr. 6, 1928, ch. 321, 45 Stat. 406. In subsection (a), the words “strengths in enlisted members of the active” are substituted for the words “number of enlisted men in active service”. The words between the eighth and ninth semicolons of 32:22, relating to horses and draft animals, are omitted as obsolete, since no animals are now authorized for the National Guard. The words “under section 106 of this title” are inserted, since only appropriations under that revised section are required to be apportioned. In subsection (b)(1) and (2), the words “actual and” are omitted as surplusage. In subsection (b)(2), the words “Reserve Officers holding commission in the National Guard” are omitted as covered by the words “officers of a * * * reserve component of the Army or the Air Force”. The words “Army General Staff” are substituted for the words “War Department General Staff” to conform to section 3031(b) of title 10. In subsection (c), the words “under sections 251 and 252 of title 37” are substituted for the words “provided in section 19 of title 37”, since allowances for subsistence and quarters are now covered by those sections. The words “shall be paid from appropriations for the National Guard, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia” are substituted for the words “shall constitute a charge against the whole sum annually appropriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned for any particular State, Territory, or the District of Columbia”.
1982 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 32:107(c)31:698.Aug. 10, 1956, ch. 1041, § 30, 70A Stat. 632. The work “appropriations” is substituted for “funds appropriated” for consistency in the title.
Editorial Notes
Amendments2006—Subsec. (b). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”. 2003—Subsec. (a)(2). Pub. L. 108136 substituted “members” for “officers”, “Army Staff” for “Army General Staff”, and “the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States,” for “the National Guard Association of the United States”. 1997—Subsec. (b). Pub. L. 10585 substituted “and housing” for “and quarters”. 1994—Subsec. (c). Pub. L. 103337 substituted “12402” for “3496 or 8496”. 1988—Subsec. (b). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1982—Subsec. (c). Pub. L. 97258 added subsec. (c). 1971—Pub. L. 92119, § 1(a)(1), substituted “Availability” for “Apportionment” in section catchline. Subsec. (a). Pub. L. 92119, § 1(a)(2), (3), (4), redesignated subsec. (b) as (a) and substituted “appropriation for the National Guard” for “apportioned appropriation”. Former subsec. (a), which provided for apportionment of appropriations for Army National Guard and Air National Guard under prescribed formulas among States, territories, Puerto Rico, Canal Zone, District of Columbia, was struck out. Subsecs. (b), (c). Pub. L. 92119, § 1(a)(4), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a) and amended. 1967—Subsec. (c). Pub. L. 9083 substituted “402 and 403” for “251 and 252”.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentPub. L. 108136, div. A, title V, § 514(b), Nov. 24, 2003, 117 Stat. 1460, provided that: “The amendments made by subsection (a) [amending this section] shall not apply with respect to funds appropriated for a fiscal year before fiscal year 2004.”
Effective Date of 1997 AmendmentAmendment by Pub. L. 10585 effective Jan. 1, 1998, see section 603(e) of Pub. L. 10585, set out as a note under section 5561 of Title 5, Government Organization and Employees.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Department of Defense State Partnership ProgramPub. L. 11366, div. A, title XII, § 1205, Dec. 26, 2013, 127 Stat. 897, as amended by Pub. L. 11492, div. A, title XII, § 1203(a)(e), (g)(i), Nov. 25, 2015, 129 Stat. 10371039, related to the Department of Defense State Partnership Program, prior to repeal by Pub. L. 114328, div. A, title XII, § 1246(e), Dec. 23, 2016, 130 Stat. 2521. See section 341 of Title 10, Armed Forces.
Limitation on Activities Under State Partnership Program Pending Compliance With Certain Program-Related RequirementsPub. L. 112239, div. A, title XII, § 1204, Jan. 2, 2013, 126 Stat. 1982, provided that: “(a) Limitation.—If both requirements specified in subsection (b) are not met as of February 28, 2013, no activities may be carried out under the State Partnership Program after that date until both requirements are met. “(b) Requirements.—The requirements specified in this subsection are the following:“(1) The requirement for the Secretary of Defense to submit to the appropriate congressional committees the final regulations required by subsection (a) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 11184; 123 Stat. 2517; 32 U.S.C. 107 note). “(2) A requirement for the Secretary of Defense to certify to the appropriate congressional committees that appropriate modifications have been made, and appropriate controls have been instituted, to ensure the compliance of the Program with section 1341 of title 31, United States Code (commonly referred to as the Anti-Deficiency Act), in the future. “(c) Appropriate Congressional Committees Defined.—In this section, the term appropriate congressional committees has the meaning given that term in subsection (d) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010.”
Availability of Appropriated Funds for the State Partnership ProgramPub. L. 11184, div. A, title XII, § 1210, Oct. 28, 2009, 123 Stat. 2517, which required the Secretary of Defense to prescribe regulations regarding appropriated funds for the State Partnership Program, submit the regulations to defense and foreign relations committees, and report to the committees, was repealed by Pub. L. 11366, div. A, title XII, § 1205(h), Dec. 26, 2013, 127 Stat. 899.
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# 32 U.S.C. § 108 - Forfeiture of Federal benefits
## Text
If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 103337, div. A, title IX, § 904(c), Oct. 5, 1994, 108 Stat. 2827.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 10832:24.June 3, 1916, ch. 134, § 116, 39 Stat. 212. The words “does not comply” are substituted for the words “shall * * * have failed or refused to comply”. The words “a requirement of, or regulation prescribed under, this title” are substituted for the words “any requirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army”. The words “money or any other aid” are substituted for the words “pecuniary or other aid”. The words “or provided by this title or any other” are omitted as surplusage.
Editorial Notes
Amendments1994—Pub. L. 103337 amended section generally. Prior to amendment, section read as follows: “If, within a time to be fixed by the President, a State does not comply with or enforce a requirement of, or regulation prescribed under, this title its National Guard is barred, wholly or partly as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103337, set out as an Effective Date note under section 10501 of Title 10, Armed Forces.
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# 32 U.S.C. § 109 - Maintenance of other troops
## Text
(a) In time of peace, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).
(b) Nothing in this title limits the right of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces.
(d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States.
(e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 85861, § 2(2), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 111383, div. A, title X, § 1075(h)(4)(B), Jan. 7, 2011, 124 Stat. 4377.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 109(a)109(b)32:194(a) (1st sentence).32:194(c) (as applicable to 32:194(a) (1st sentence)).32:194(a) (less 1st sentence).32:194(c) (less applicability to 32:194(a) (1st sentence)).June 3, 1916, ch. 134, § 61 (less (b)); restated Oct. 21, 1940, ch. 904 (less last 3 provisos); restated Aug. 18, 1941, ch. 363 (less last 3 provisos); restated Oct. 1, 1942, ch. 570 (less (b)); restated June 26, 1944, ch. 279 (less (b)); restated Sept. 27, 1950, ch. 1058 (less (b)), 64 Stat. 1072. In subsection (a), the words “those of its National Guard” are substituted for the words “as authorized in accordance with the organization prescribed under this Act”. In subsections (a) and (b), the provisions of 32:194(c) are exhausted by the enumeration of the jurisdictions named. In subsection (b), the words “Nothing in this title limits” are substituted for the words “Nothing contained in this Act shall be construed to limit”.
1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 109(c)32 App.:194(b) (less 4th and last sentences).Aug. 11, 1955, ch. 802, 69 Stat. 686. 109(d)32 App.:194(b) (4th sentence). 109(e)32 App.:194(b) (last sentence). In subsection (c), the words “heretofore authorized by this Act [sic]”, “as such”, and “in any manner” are omitted as surplusage. In subsection (d), the words “under any Federal law” are omitted since only Federal law could require service in the armed forces. The word “military” is omitted as surplusage. In subsection (e), the words “defense force” are substituted for the words “organized militia” for accuracy and to conform to subsection (c). The words “reserve component of the armed forces” are substituted for the words “Reserve Forces as defined in section 901 of Title 50”, since that term is not defined in the Armed Forces Reserve Act of 1952.
Editorial Notes
Amendments2011—Subsecs. (a) to (c). Pub. L. 111383 amended directory language of Pub. L. 109163, § 1057(b)(3). See 2006 Amendment note below. 2006—Subsecs. (a) to (c). Pub. L. 109163, § 1057(b)(3), as amended by Pub. L. 111383, substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia”. 1988—Subsecs. (a) to (c). Pub. L. 100456 struck out “the Canal Zone,” after “Virgin Islands,”. 1958—Subsecs. (a), (b). Pub. L. 85861, § 2(2)(A), substituted “defense forces authorized by subsection (c)” for “State defense forces”. Subsecs. (c) to (e). Pub. L. 85861, § 2(2)(B), added subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 111383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(B) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109163 as enacted.
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# 32 U.S.C. § 110 - Regulations
## Text
The President shall prescribe regulations, and issue orders, necessary to organize, discipline, and govern the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 11032:17.June 3, 1916, ch. 134, § 118, 39 Stat. 213. The word “rules” is omitted as covered by the word “regulations”. The words “National Guard” are substituted for the words “the militia provided for in this title”. The words “for the thorough” are omitted as surplusage.
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# 32 U.S.C. § 111 - Suspension of certain provisions of this title
## Text
In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) 11 See References in Text note below. of this title with respect to the Army National Guard or the Air National Guard.
(Added Pub. L. 85861, § 2(3), Sept. 2, 1958, 72 Stat. 1543.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 11150:1199 (as applicable to National Guard).Sept. 3, 1954, ch. 1257, § 209 (as applicable to National Guard), 68 Stat. 1152. Reference to the exception in section 307(a) is omitted as unnecessary because a suspension of section 307(e) of this title, or of section 8365 or 8366 of Title 10, will in effect suspend that exception so far as it refers to the suspended section. A reference to the remainder of section 307(a) is omitted as unnecessary because the general rule that it states exists independently of that part of the source law for section 307(a) that is suspendible under this section. A reference to section 307(f) is omitted as unnecessary because a suspension of section 307(e) will in effect suspend section 307(f) so far as it applies to section 307(e). 50:1199 (2d sentence) is omitted as inapplicable to the National Guard.
Editorial Notes
References in TextSection 323(e) of this title, referred to in text, was repealed by Pub. L. 103337, div. A, title XVI, § 1630(2), Oct. 5, 1994, 108 Stat. 2964.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.
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# 32 U.S.C. § 113 - Federal financial assistance for support of additional duties assigned to the Army National Guard
## Text
(a) Authority.— The Secretary of the Army may provide financial assistance to a State to support activities carried out by the Army National Guard of the State in the performance of duties that the Secretary has assigned, with the consent of the Chief of the National Guard Bureau, to the Army National Guard of the State. The Secretary shall determine the amount of the assistance that is appropriate for the purpose.
(b) Covered Activities.— (1) Except as provided 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 performance 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 procedures 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 activity 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 disburse any contribution under this section through the Chief of the National Guard Bureau.
(d) Availability of Funds.— Funds appropriated for the Army for a fiscal year are available 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. 10585, div. A, title III, § 386(a), Nov. 18, 1997, 111 Stat. 1712; amended Pub. L. 105261, div. A, title III, § 375(a), Oct. 17, 1998, 112 Stat. 1992; Pub. L. 10665, div. A, title X, § 1066(d)(4), Oct. 5, 1999, 113 Stat. 773; Pub. L. 108375, div. A, title VIII, § 806, Oct. 28, 2004, 118 Stat. 2010; Pub. L. 115232, div. A, title VIII, § 809(j), Aug. 13, 2018, 132 Stat. 1843; Pub. L. 11781, div. A, title XVII, § 1702(f)(1), Dec. 27, 2021, 135 Stat. 2157.)
## Notes
Editorial Notes
Amendments2021—Subsec. (b)(1)(B). Pub. L. 11781 substituted “section 3204(a)” for “section 2304(c)”. 2018—Subsec. (b)(1)(A). Pub. L. 115232 substituted “section 7013(b) of title 10” for “section 3013(b) of title 10”. 2004—Subsec. (b)(1)(B). Pub. L. 108375 inserted before period at end “, subject to the exceptions provided in section 2304(c) of title 10”. 1999—Subsec. (b)(2). Pub. L. 10665 substituted “October 17, 1998” for “the date of the enactment of this subsection”. 1998—Subsec. (b). Pub. L. 105261 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 carried out by the Army National Guard in the performance 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 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Effective Date of 1998 AmendmentPub. L. 105261, 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 section 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.”
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# 32 U.S.C. § 114 - Funeral honors functions at funerals for veterans
## Text
Subject to such regulations and restrictions as may be prescribed by the Secretary concerned, the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 115 of this title.
(Added Pub. L. 10585, div. A, title V, § 517(a)(1), Nov. 18, 1997, 111 Stat. 1733; amended Pub. L. 105261, div. A, title V, § 567(d), Oct. 17, 1998, 112 Stat. 2031; Pub. L. 10665, div. A, title V, § 578(g)(1), (k)(3)(A), Oct. 5, 1999, 113 Stat. 627, 631.)
## Notes
Editorial Notes
Amendments1999—Pub. L. 10665, in section catchline, substituted “Funeral honors” for “Honor guard” and, in text, substituted “funeral honors functions” for “honor guard functions” in two places and “drill or training, but may be performed as funeral honors duty under section 115 of this title” for “drill or training otherwise required”. 1998—Pub. L. 105261 designated subsec. (a) as entire section and struck out subsec. (b) which read as follows: “This section does not authorize additional appropriations for any fiscal year. Any expense of the National Guard that is incurred by reason of this section shall be paid from appropriations otherwise available for the National Guard.”
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# 32 U.S.C. § 115 - Funeral honors duty performed as a Federal function
## Text
(a) Order to Duty.— A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran under section 1491 of title 10. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned. Performance of funeral honors duty by such a member not on active duty or full-time National Guard duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37.
(b) Service Credit.— A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive—
(1) service credit under section 12732(a)(2)(E) of title 10; and
(2) as directed by the Secretary concerned, either—
(A) the allowance under section 435 of title 37; or
(B) compensation under section 206 of title 37.
(c) Reimbursable Expenses.— A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under section 452 of title 37 if such duty is performed at a location 50 miles or more from the members residence.
(d) Regulations.— The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.
(Added Pub. L. 10665, div. A, title V, § 578(g)(2), Oct. 5, 1999, 113 Stat. 627; amended Pub. L. 106398, § 1 [[div. A], title V, § 575(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A138; Pub. L. 107107, div. A, title V, § 562(b), Dec. 28, 2001, 115 Stat. 1119; Pub. L. 11281, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117263, div. A, title VI, § 626(e), Dec. 23, 2022, 136 Stat. 2629.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a). Pub. L. 117263, § 626(e)(1), substituted “sections 206 and 435” for “sections 206 and 495”. Subsec. (b)(2)(A). Pub. L. 117263, § 626(e)(2), substituted “section 435” for “section 495”. Subsec. (c). Pub. L. 117263, § 626(e)(3), substituted “section 452” for “chapter 7”. 2013—Subsecs. (a), (b)(2)(A). Pub. L. 112239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 11281, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsecs. (a), (b)(2)(A). Pub. L. 11281, § 631(f)(4)(A), as amended by Pub. L. 112239, § 1076(a)(9), substituted “495” for “435”. 2001—Subsec. (a). Pub. L. 107107 inserted at end “Performance of funeral honors duty by such a member not on active duty or full-time National Guard duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37.” 2000—Subsec. (b)(2). Pub. L. 106398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “if authorized by the Secretary concerned, the allowance under section 435 of title 37.”
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 11281 as enacted.
Effective Date of 2001 AmendmentAmendment by Pub. L. 107107 applicable to funeral honors duty performed on or after Oct. 30, 2000, see section 562(c) of Pub. L. 107107, set out as a note under section 12503 of Title 10, Armed Forces.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 applicable with respect to funeral honors duty performed on or after Oct. 1, 2000, see section 1 [[div. A], title V, § 575(c)] of Pub. L. 106398, set out as a note under section 12503 of Title 10, Armed Forces.
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# 32 U.S.C. § 301 - Federal recognition of enlisted members
## Text
To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 30150:1113(a) (as applicable to enlisted members).July 9, 1952, ch. 608, § 703(a) (as applicable to enlisted members), 66 Stat. 502.
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# 32 U.S.C. § 302 - Enlistments, reenlistments, and extensions
## Text
(a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for—
(1) any specified term, not less than three years, for persons who have not served in an armed force; or
(2) any specified term, not less than one year, for persons who have served in any armed force.
(b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.
(c) Enlistments or reenlistments in the National Guard may be extended—
(1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or
(2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87378, § 5(1), Oct. 4, 1961, 75 Stat. 808.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 30232:124.June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under “National Guard”); restated June 4, 1920, ch. 227, subch. I, § 37; restated June 6, 1924, ch. 275, § 4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806(a), 66 Stat. 506. 32:124 (1st proviso) is omitted as executed. The word “reenlistments” is substituted for the words “subsequent enlistments”.
Editorial Notes
Amendments1961—Pub. L. 87378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency.
Statutory Notes and Related Subsidiaries
Effective Date of 1961 AmendmentPub. L. 87378, § 6, Oct. 4, 1961, 75 Stat. 808, provided that: “The amendments made by sections 3, 4, and 5 of this Act [amending this section and sections 3261 and 8261 of Title 10, Armed Forces] shall not affect any enlistment, reenlistment, or appointment entered into or made before the effective date of this Act [Oct. 4, 1961].”
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# 32 U.S.C. § 303 - Active and inactive enlistments and transfers
## Text
(a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years.
(b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be.
(c) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard.
(d) (1) Under regulations prescribed by the Secretary of the Army—
(A) an officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; and
(B) an officer of the Army National Guard transferred to the inactive Army National Guard pursuant to subparagraph (A) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
(2) Under regulations prescribed by the Secretary of the Air Force—
(A) an officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard; and
(B) an officer of the Air National Guard transferred to the inactive Air National Guard pursuant to subparagraph (A) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87649, § 14e(1), Sept. 7, 1962, 76 Stat. 502; Pub. L. 96513, title V, § 515(2), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 11960, div. A, title V, § 511, Dec. 18, 2025, 139 Stat. 860.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 303(a)303(b)303(c)303(d)32:132.32:133 (less proviso).32:154 (1st 26 words of last par.).32:133 (proviso).June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, § 42 (less provisos); restated Feb. 28, 1925, ch. 371, § 2 (1st and 2d sentences); restated June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 159; July 9, 1952, ch. 608, § 806(f), 66 Stat. 507.  June 3, 1916, ch. 134, § 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500. In subsection (a), 32:132 (last 23 words) is omitted as covered by section 304 of this title. In subsection (b), the words “Under such regulations as the Secretary may prescribe” are substituted for the word “likewise”. In subsection (c), the words “in the inactive * * * National Guard” are substituted for the words “not on the active list”, since there is no active list prescribed for the National Guard. In subsection (d), the words “under any enlistment” are omitted as surplusage.
Editorial Notes
Amendments2025—Subsec. (d). Pub. L. 11960 added subsec. (d). 1980—Subsecs. (c), (d). Pub. L. 96513 redesignated subsec. (d) as (c). 1962—Subsec. (c). Pub. L. 87649 repealed subsec. (c) which provided that a person enlisted in inactive Army National Guard or inactive Air National Guard is not entitled to pay under section 301 of title 37.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1962 AmendmentAmendment by Pub. L. 87649 effective Nov. 1, 1962, see section 15 of Pub. L. 87649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
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# 32 U.S.C. § 304 - Enlistment oath
## Text
Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: “I do hereby acknowledge to have voluntarily enlisted this __ day of ____, 19_, in the ______ National Guard of the State of ______ for a period of __ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority. “I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ______ and the orders of the officers appointed over me, according to law and regulations. So help me God.” The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 87751, § 2, Oct. 5, 1962, 76 Stat. 748; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 30432:123.June 3, 1916, ch. 134, § 70; restated June 4, 1920, ch. 227, subch. I, § 38; restated June 15, 1933, ch. 87, § 8, 48 Stat. 156; June 19, 1935, ch. 277, § 3, 49 Stat. 391; July 9, 1952, ch. 608, § 806(b), 66 Stat. 506. The words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1. The words “Each person” are substituted for the word “Men”. The words “______ National Guard” are substituted for the words “National Guard (Air National Guard)”.
Editorial Notes
Amendments1988—Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1962—Pub. L. 87751 substituted “support and defend the Constitution of the United States and of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them” for “bear true faith and allegiance to the United States of America and to the State of ______: That I will serve them honestly and faithfully against all their enemies whomsoever” and inserted “So help me God.”
Statutory Notes and Related Subsidiaries
Effective Date of 1962 AmendmentAmendment by Pub. L. 87751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87751, set out as a note under section 502 of Title 10, Armed Forces.
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# 32 U.S.C. § 305 - Federal recognition of commissioned officers: persons eligible
## Text
(a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard:
(1) Members of the National Guard.
(2) Members of the armed forces.
(3) Former officers of the armed forces.
(4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions.
(5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy.
(6) Graduates of a school, college, university, or officers training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer.
(7) Civilians who are specially qualified for duty in a technical or staff branch or organization.
(b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85861, § 2(5), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90130, § 2(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 108375, div. A, title V, § 505, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 111383, div. A, title V, § 517, Jan. 7, 2011, 124 Stat. 4214.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 30532:111 (less 37th through 54th words).June 3, 1916, ch. 134, § 74 (less 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (less 39th through 56th words), 41 Stat. 781. The word “individual” is inserted for clarity to distinguish the individual Federal recognition that is necessary to membership as an officer from the general Federal recognition that is necessary to all membership in the National Guard (see section 301 of this title). The words “June 4, 1920” are omitted as obsolete. The words “Only persons selected from the following categories are eligible for individual Federal recognition as commissioned officers” are substituted for the words “Persons commissioned * * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following classes”. In clause (2), the words “reserve officers” are omitted as covered by the words “members of the Army, Navy, Air Force, or Marine Corps”. In clause (4), the words “under honorable conditions” are inserted for clarity. In clause (5), the words “the United States Air Force Academy” are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47). In clause (7), the words “staff branch” are substituted for the words “Staff Corps and departments”.
1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 305(b)32 App.:4 (less applicability to age).July 30, 1956, ch. 789, §§ 2 (less applicability to age), 3, 70 Stat. 729. The words “who are citizens of the United States” are omitted as covered by section 313(b) of this title. The words “with a view to serving” are substituted for the words “to serve”. The words “and have the physical and other qualifications prescribed by the Secretary of the Army” and section 3 of the source statute are omitted as covered by section 307(a)(2) of this title. The applicability of section 3 of the source statute to section 1 of the source statute is omitted as unnecessary.
Editorial Notes
Amendments2011—Subsec. (a)(5). Pub. L. 111383 substituted “the United States Coast Guard Academy, or the United States Merchant Marine Academy” for “or the United States Coast Guard Academy”. 2004—Subsec. (a)(2) to (4). Pub. L. 108375, § 505(1), substituted “armed forces” for “Army, Navy, Air Force, or Marine Corps”. Subsec. (a)(5). Pub. L. 108375, § 505(2), substituted “the United States Air Force Academy, or the United States Coast Guard Academy” for “or the United States Air Force Academy”. 1967—Subsec. (a). Pub. L. 90130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard. Subsec. (b). Pub. L. 90130, § 2(1)(B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted “person” for “woman” in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse. 1958—Subsec. (a). Pub. L. 85861, § 2(5)(A), designated existing provisions as subsec. (a) and substituted “Except as provided in subsection (b), only male persons” for “Only persons”. Subsec. (b). Pub. L. 85861, § 2(5)(B), added subsec. (b).
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# 32 U.S.C. § 307 - Federal recognition of officers: examination; certificate of eligibility
## Text
(a) To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title.
(b) The examination prescribed by subsection (a)—
(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
(2) may be held before original appointment or promotion.
(c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
(d) Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.
(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85861, § 2(6), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92492, § 2(b), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96535, Dec. 16, 1980, 94 Stat. 3165; Pub. L. 103337, div. A, title XVI, § 1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 307(a)307(b)307(c)307(d)32:113 (1st sentence).32:111 (37th through 54th words).50:1113(a) (as applicable to officers).32:113 (2d sentence and 1st 24 words of 3d sentence).32:113 (3d sentence, less 1st 24 words).50:1115(a) (less last 39 words).June 3, 1916, ch. 134, § 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (39th through 56th words), 41 Stat. 781.June 3, 1916, ch. 134, § 75; restated June 15, 1933, ch. 87, § 12, 48 Stat. 158; July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505.   July 9, 1952, ch. 608, §§ 703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. In subsection (b), the words “prescribed by subsection (a)” are substituted for the words “to determine such qualifications for appointment”. The word “designated” is substituted for the word “appointed”, since the filling of the positions involved is not an appointment to office in the constitutional sense. The words “of an individual as an officer or warrant officer” are omitted as surplusage. In subsection (c), the word “originally” is inserted for clarity. The words “If such a board finds a person” are substituted for the words “if the applicant has been found”. The words “for individual Federal recognition for the office for which he was found qualified” are inserted for clarity. The words “that office” are substituted for the words “the office for which he was found qualified”. In subsection (d), the words “Notwithstanding the provisions of section 113 of Title 32” are omitted as covered by the words of exception in revised subsection (a). The words “Subject to subsection (a)(1) and (2)” are inserted, since 50:1115(a) (less last 39 words) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words “in his reserve grade” are substituted for the words “in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States”. The last sentence is inserted for clarity.
1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 307(a)307(e)50:1349(b) (1st sentence).50:1349(b) (less 1st sentence, and less 36th through 58th words of 2d sentence).Sept. 3, 1954, ch. 1257, § 519(b), 68 Stat. 1179. 307(f)50:1349(b) (36th through 58th words of 2d sentence). In subsection (e), the words “to subsection (a)(1) and (2)” are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words “without the examination prescribed in section 113 of Title 32” are omitted as covered by the words of exception in revised subsection (a). The last 37 words are substituted for 50:1349(b) (last 29 words of 2d sentence; and last sentence).
Editorial Notes
Amendments1994—Subsec. (a)(3). Pub. L. 103337 struck out “and sections 8365 and 8366 of title 10” after “of this section”. 1980—Subsec. (g). Pub. L. 96535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel. 1972—Subsec. (g). Pub. L. 92492 added subsec. (g). 1958—Subsec. (a)(3). Pub. L. 85861, § 2(6)(A), substituted “subsections (d) and (e) of this section and sections 8365 and 8366 of title 10” for “subsection (d)”. Subsecs. (e), (f). Pub. L. 85861, § 2(6)(B), added subsecs. (e) and (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of Subsection (e) of This SectionFor authority of the President to suspend subsec. (e) of this section in time of war or emergency declared by Congress, see section 111 of this title.
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# 32 U.S.C. § 308 - Federal recognition of officers: temporary recognition
## Text
(a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in section 307(b) of this title, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.
(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110181, div. A, title V, § 514, Jan. 28, 2008, 122 Stat. 99.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 308(a)308(b)50:1114 (less 2d and 3d sentences).50:1114 (3d sentence).July 9, 1952, ch. 608, § 704 (less 2d sentence), 66 Stat. 502. In subsection (a), the words “by regulations” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words “as an officer of the Army National Guard to any person” are substituted for the words “to any officer of the National Guard or Air National Guard”. The second sentence is inserted for clarity. The words “successfully”, “final determination of his eligibility for, and”, “in the grade concerned”, and “automatically” are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage. In subsection (b), the words “To be eligible for temporary Federal recognition under subsection (a), a person” are substituted for the words “However, a temporary extension of Federal recognition shall be granted only when the officer”. The words “the period of temporary recognition” are substituted for the words “such recognition”. The words “and obligations required of him” and “in the same grade” are omitted as surplusage.
Editorial Notes
Amendments2008—Subsec. (a). Pub. L. 110181 substituted “one year” for “six months” in last sentence.
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# 32 U.S.C. § 309 - Federal recognition of National Guard officers: officers promoted to fill vacancies
## Text
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10, shall be examined for Federal recognition in the grade to which the officer is promoted.
(Added Pub. L. 85861, § 2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2963.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 30950:1251.Sept. 3, 1954, ch. 1257, § 319, 68 Stat. 1160. The words “authorized under section 1227(a) of this title” are omitted as surplusage.
Editorial Notes
Amendments1994—Pub. L. 103337 substituted “National Guard officers: officers” for “officers: Army National Guard; officers” in section catchline and amended text generally. Prior to amendment, text read as follows: “Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit thereof, and who is eligible for promotion under section 3363(b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the next higher grade without regard to section 3363(b) of title 10.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of This SectionFor authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title.
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# 32 U.S.C. § 310 - Federal recognition of National Guard officers: automatic recognition
## Text
(a) (1) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in section 14303(a)(1) of title 10 and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended.
(2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W1, of the National Guard is promoted to the grade of chief warrant officer, W2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under section 12242 of title 10, if the warrant officer has remained in an active status since the warrant officer was so recommended.
(b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade in which the officer is so appointed in the National Guard if the officer has been recommended for promotion under chapter 1405 of title 10 and has remained in an active status since the officer was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the National Guard.
(Added Pub. L. 85861, § 2(7), Sept. 2, 1958, 72 Stat. 1544; amended Pub. L. 103337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2964; Pub. L. 112239, div. A, title V, § 512, Jan. 2, 2013, 126 Stat. 1718.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 310(a)310(b)50:1252 (less (2)).50:1252(2).Sept. 3, 1954, ch. 1257, § 320, 68 Stat. 1160. In subsections (a) and (b), the words “federally recognized” are inserted for clarity. In subsection (a), the words “or the date of the promotion, whichever is later” are omitted as inconsistent with section 3820(c) of title 10, requiring the discharge of each second lieutenant who is not promoted by the time he has three years of service. (See opinion of the Judge Advocate General of the Army (JAGA 1957/1019, Jan. 7, 1957).)
Editorial Notes
Amendments2013—Subsec. (a). Pub. L. 112239 designated existing provisions as par. (1) and added par. (2). 1994—Pub. L. 103337 substituted “National Guard officers:” for “officers: Army National Guard;” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the Army National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade of first lieutenant, effective as of the date on which he completes three years of service computed under section 3360(a) of title 10. “(b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the Army National Guard to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade in which he is so appointed in the Army National Guard, if he has been recommended for promotion to the grade concerned under section 3366, 3367, 3370, or 3383 of title 10 and has remained in an active status since he was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the Army National Guard.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of This SectionFor authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title.
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# 32 U.S.C. § 312 - Appointment oath
## Text
Each person who is appointed as an officer of the National Guard shall subscribe to the following oath: “I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of ______, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ____ in the National Guard of the State of ______ upon which I am about to enter, so help me God.”
(Aug. 10, 1956, ch. 1041, 70A Stat. 603.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 31232:112.June 3, 1916, ch. 134, § 73 (1st par.); restated June 15, 1933, ch. 87, § 11 (1st par.), 48 Stat. 157; July 9, 1952, ch. 608, § 806(c), 66 Stat. 507. The words “Each person who is appointed as an” are inserted for clarity.
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# 32 U.S.C. § 313 - Appointments and enlistments: age limitations
## Text
(a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National Guard, a person must—
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85861, § 2(9), Sept. 2, 1958, 72 Stat. 1544; Pub. L. 90130, § 2(2), Nov. 8, 1967, 81 Stat. 383.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 313(a)313(b)32:4 (less 22 words before proviso).32:4 (22 words before proviso).June 3, 1916, ch. 134, § 58; restated Feb. 28, 1925, ch. 371, § 1 (1st par.); restated June 15, 1933, ch. 87, § 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, § 2, 49 Stat. 391; June 28, 1947, ch. 162, § 7 (less applicability to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, §§ 803 (8th par.), 806(j), 66 Stat. 505, 508. In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words “under 64” are substituted for the words “not more than sixty-four” to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word “Regular” is inserted before the words “Navy” and “Marine Corps”. The words “Regular Air Force” are inserted to complete the coverage of the revised section. The word “reenlistment” is substituted for the words “subsequent enlistment”.
1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 313(b)32 App.:4 (as applicable to age).July 30, 1956, ch. 789, § 2 (as applicable to age), 70 Stat. 729.
Editorial Notes
Amendments1967—Subsec. (b)(3). Pub. L. 90130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard. 1958—Subsec. (b). Pub. L. 85861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.
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# 32 U.S.C. § 314 - Adjutants general
## Text
(a) There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
(b) The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
(c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
(d) The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85894, Sept. 2, 1958, 72 Stat. 1713; Pub. L. 100456, div. A, title XII, § 1234(b)(1), (5), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101510, div. A, title XIII, § 1322(b), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102190, div. A, title V, § 553, Dec. 5, 1991, 105 Stat. 1371; Pub. L. 109163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 314(a)314(b)314(c)314(d)32:11.32:12.10:998.32:13.32:14.Jan. 21, 1903, ch. 196, § 12, 32 Stat. 776.June 6, 1900, ch. 811, 31 Stat. 671.June 3, 1916, ch. 134, § 66, 39 Stat. 199. In subsection (a), the word “appointed” is omitted, since the position is not filled by appointment in some cases. The Act of January 21, 1903, ch. 196, § 12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section. In subsection (b), the word “grade” is substituted for the word “rank”. The words “To be eligible for appointment as * * * a person must be” are substituted for the words “each * * * shall be”. The words “of that jurisdiction” are substituted for the words “of the Territory for which he is appointed”. In subsection (c), the word “Regular” is inserted as an implication of 10:998 (last 2 words). The words “commanding general” are substituted for the words “brigadier general commanding”, since the commanding general might hold another grade. The words “basic pay” are substituted for the words “active service pay” to conform to section 201 of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 232). The word “grade” is substituted for the word “rank”. In subsection (d), the words “at such times and in such form” are omitted as covered by the words “such returns and reports as the Secretary * * * may prescribe”.
Editorial Notes
Amendments2006—Subsecs. (a), (d). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”. 1991—Subsec. (b). Pub. L. 102190 struck out “each Territory and” before “the District of Columbia” in first sentence, and struck out at end “To be eligible for appointment as adjutant general of a Territory, a person must be a citizen of that jurisdiction.” 1990—Subsec. (d). Pub. L. 101510 struck out at end “Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.” 1988—Subsec. (a). Pub. L. 100456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”. Subsec. (b). Pub. L. 100456, § 1234(b)(5), struck out “, the Canal Zone,” after “each Territory” and “or the Canal Zone” after “a Territory”. Subsec. (d). Pub. L. 100456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”. 1958—Subsec. (b). Pub. L. 85894 struck out “Puerto Rico” in two places.
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# 32 U.S.C. § 315 - Detail of regular members of Army and Air Force to duty with National Guard
## Text
(a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the Presidents discretion, without prejudicing his rank and without vacating his regular appointment.
(b) The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 315(a)315(b)32:68 (less 2d sentence).32:69.32:68 (2d sentence).June 3, 1916, ch. 134, § 100, 39 Stat. 208. In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the assignment or detail of retired officers to that duty are covered by section 3504(a) or 8504(a) of title 10. The words “of the active list”, in 32:68, are omitted for the same reason. The words “so detailed” are substituted for the words “detailed under section 68 of this title”, in 32:69. The words “relative or lineal”, in 32:69, are omitted as surplusage.
Editorial Notes
Amendments2006—Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia” wherever appearing. 1988—Subsecs. (a), (b). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
Executive Documents
Delegation of Functions and Authority Under Sections 315 and 325 of Title 32, United States Code Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, provided: Memorandum for the Secretary of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you: (a) the functions and authority of the President contained in section 315 of title 32, United States Code, to permit a commissioned officer of the Regular Army or Regular Air Force to accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable at your discretion, without prejudicing his or her rank and without vacating his or her regular appointment; and (b) the functions and authority of the President contained in section 325 of title 32, United States Code, to authorize the service of an officer of the Army National Guard or the Air National Guard on active duty without relieving that officer from duty in the National Guard of his or her State, or of the Commonwealth of Puerto Rico, Guam, or the United States Virgin Islands, or the District of Columbia and to give such authorization in advance for the purpose of establishing the succession of command of a unit. This delegation of functions and authority supersedes and replaces the July 23, 2004, delegation to the Secretary of Defense of the functions and authority of the President contained in section 325 of title 32, United States Code. You are further authorized and directed to make necessary arrangements to fund the exercise of these functions and authority from the proper appropriation, prescribe regulations to implement these functions and authority, and to publish this memorandum in the Federal Register. Barack Obama.
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# 32 U.S.C. § 316 - Detail of members of Army National Guard for rifle instruction of civilians
## Text
The President may detail officers and noncommissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms.
(Aug. 10, 1956, ch. 1041, 70A Stat. 605.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 31632:183.June 3, 1916, ch. 134, § 113 (3d sentence), 39 Stat. 211. The word “civilians” is substituted for the word “citizenry”. The word “capable” is omitted as surplusage.
@@ -0,0 +1,43 @@
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# 32 U.S.C. § 317 - Command during joint exercises with Federal troops
## Text
When any part of the National Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal service, the command of the post, air base, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are temporarily participating in the exercise.
(Aug. 10, 1956, ch. 1041, 70A Stat. 605.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 31732:72.June 3, 1916, ch. 134, § 95, 39 Stat. 207. The words “not in Federal service” are inserted to show that the revised section applies only to joint exercises involving National Guard troops not in Federal service, since 32:72 was enacted before the establishment of the National Guard of the United States, in 1933. The words “troops in Federal service” are substituted for the words “troops of the United States”. The words “officers in Federal service who command” are substituted for the words “commander of the United States troops”. The words “post, air base, or other place” are substituted for the words “military post, or reservation, or elsewhere”. The words “that place and the Federal troops on duty there” are substituted for the words “there or elsewhere” The words “including outdoor target practice” and “field and coast defense instruction” are omitted as surplusage.
Statutory Notes and Related Subsidiaries
Usual and Customary ArrangementPub. L. 11281, div. A, title V, § 515(c), Dec. 31, 2011, 125 Stat. 1395, provided that: “(1) Dual-status commander.—When the Armed Forces and the National Guard are employed simultaneously in support of civil authorities in the United States, appointment of a commissioned officer as a dual-status commander serving on active duty and duty in, or with, the National Guard of a State under sections 315 or 325 of title 32, United States Code, as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities, should be the usual and customary command and control arrangement, including for missions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain of command for the Armed Forces shall remain in accordance with sections 162(b) and 164(c) of title 10, United States Code. “(2) State authorities supported.—When a major disaster or emergency occurs in any area subject to the laws of any State, Territory, or the District of Columbia, the Governor of the State affected normally should be the principal civil authority supported by the primary Federal agency and its supporting Federal entities, and the Adjutant General of the State or his or her subordinate designee normally should be the principal military authority supported by the dual-status commander when acting in his or her State capacity. “(3) Rule of construction.—Nothing in paragraphs (1) or (2) shall be construed to preclude or limit, in any way, the authorities of the President, the Secretary of Defense, or the Governor of any State to direct, control, and prescribe command and control arrangements for forces under their command.”
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# 32 U.S.C. § 318 to 321 - Repealed. Pub. L. 99661, div. A, title VI, § 604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878]
## Notes
Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept. 2, 1958, Pub. L. 85861, § 33(c)(1), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87649, § 8(a), 76 Stat. 495, related to compensation for members of National Guard for disablement during training.
Section 319, act Aug. 10, 1956, ch. 1041, 70A Stat. 605, related to compensation for members of National Guard for disablement during training when not covered by section 318 of this title.
Section 320, act Aug. 10, 1956, ch. 1041, 70A Stat. 606, related to hospitalization ordered by Secretary of Army or Air Force for members of National Guard.
Section 321, acts Aug. 10, 1956, ch. 1041, 70A Stat. 606; Sept. 2, 1958, Pub. L. 85861, § 2(10), 72 Stat. 1544; Sept. 7, 1962, Pub. L. 87649, § 8(b), 76 Stat. 495, related to death gratuities for members of National Guard.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99661, set out as an Effective Date of 1986 Amendment note under section 1074a of Title 10, Armed Forces.
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# 32 U.S.C. § 322 - Discharge of enlisted members
## Text
(a) An enlisted member of the National Guard shall be discharged when—
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
(b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be.
(c) In time of peace, an enlisted member of the National Guard may be discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 322(a)322(b)322(c)32:154 (last par., less 1st 26, and last 26, words).32:125 (less last 27 words).32:125 (last 27 words).June 3, 1916, ch. 134, § 72; restated June 4, 1920, ch. 227, subch. I, § 40; restated June 15, 1933, ch. 87, § 10, 48 Stat. 157; July 9, 1952, ch. 608, § 806(d), 66 Stat. 507.  June 3, 1916, ch. 134, § 110 (last par., less 1st 30, and last 25, words); restated Sept. 22, 1922, ch. 423, § 6 (last par., less 1st 30, and last 137, words); restated May 12, 1928, ch. 529 (less 1st 30, and last 25, words), 45 Stat. 500. Subsection (a) is substituted for 32:154 (last par., less 1st 26, and last 26, words) to reflect an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). In subsection (b), the words “is entitled to a discharge certificate similar in form and classification to the corresponding certificate” are substituted for the words “shall receive a discharge in writing in such form and with such classification as is or shall be”. The words “service in” are omitted as surplusage. In subsection (c), the words “his enlistment expires” are substituted for the words “the expiration of terms of enlistment”.
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# 32 U.S.C. § 323 - Withdrawal of Federal recognition
## Text
(a) Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.
(b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.
(c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.
(d) The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such involuntary transfer or discharge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 85861, §§ 2(11), 33(c)(2), Sept. 2, 1958, 72 Stat. 1546, 1567; Pub. L. 103337, div. A, title XVI, §§ 1630(2), 1676(a)(3), Oct. 5, 1994, 108 Stat. 2964, 3019.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 323(a)323(b)323(c)32:154 (last 26 words of last par.).32:115 (1st sentence, and 1st 24 words of 2d sentence).50:1116 (last 15 words of 1st sentence).June 3, 1916, ch. 134, § 76 (1st sentence, and 1st 24 words of 2d sentence); restated June 15, 1933, ch. 87, § 13 (1st sentence, and 1st 24 words of 2d sentence), 48 Stat. 158.  June 3, 1916, ch. 134, § 110 (last 25 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (last 137 words of last par.); restated May 12, 1928, ch. 529 (last 25 words), 45 Stat. 501.  July 9, 1952, ch. 608, § 706 (last 15 words of 1st sentence), 66 Stat. 503. In subsection (a) the words “ceases to have the qualifications prescribed under section 300 of this title” are substituted for 32:154 (last 26 words of last par.), since it is implicit that a member who could not be paid would lose his federally recognized status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of subsection (a) are inserted as a necessary implication of the rule stated in section 309(c) of this title. In subsection (b), the words “or warrant officer” are omitted, since section 101(9) of this title defines “officer” to include warrant officers. The word “detailed” is substituted for the word “appointed”, since the filling of the positions involved is not appointment to an office in the constitutional sense. The word “commissioned” is inserted after the words “composed of”, since the word “officer” alone, in 32:115, referred to a commissioned officer only (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). The words “who outrank him” are substituted for the words “senior in rank to the officer under investigation”. In subsection (c), the opening clause is substituted for the words “such transfer”. The words “his Federal recognition is withdrawn” are substituted for the words “shall terminate his federally recognized National Guard or Air National Guard status”.
1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 323(d)323(e)50:1261 (as applicable to Federal recognition).50:1352(e)(1) (56th through 63d words).50:1352(e)(2) (78th through 85th words).Sept. 3, 1954, ch. 1257, §§ 324 (as applicable to Federal recognition), 522(e)(1) (56th through 63d words). (e)(2) (78th through 85th words), 68 Stat. 1161, 1181. The change [in subsec. (b)(1) and (2)] is necessary to exclude from the efficiency board commissioned officers of the Army Reserve or Air Force Reserve, in accordance with the source law, the first sentence of section 76 of the Act of June 3, 1916, chapter 134 (formerly 32 U.S.C. 115 (1st sentence)). In subsection (d), the words “notwithstanding section 115 of title 32” are omitted as surplusage. In subsection (e), the words “if appropriate” are omitted as surplusage.
Editorial Notes
Amendments1994—Subsec. (c). Pub. L. 103337, § 1676(a)(3), substituted “12105, 12213(a), or 12214(a)” for “3259, 3352(a), 8259, or 8352(a)”. Subsecs. (d), (e). Pub. L. 103337, § 1630(2), added subsec. (d) and struck out former subsecs. (d) and (e) which read as follows: “(d) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a second lieutenant of the Army National Guard who is discharged under section 3820(c) of title 10 for failure of promotion shall be withdrawn on the date of that discharge. “(e) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a reserve officer of the Air Force who is not recommended for promotion under section 8368(c)(1) or (2) of title 10, or who is found to be not qualified for Federal recognition under section 8368(d) or (e) of title 10, shall be withdrawn.” 1958—Subsec. (b)(1). Pub. L. 85861, § 33(c)(2), substituted “the Regular Army or the Army National Guard of the United States, or both” for “a regular or reserve component of the Army”. Subsec. (b)(2). Pub. L. 85861, § 33(c)(2), substituted “the Regular Air Force or the Air National Guard of the United States, or both” for “a regular or reserve component of the Air Force”. Subsecs. (d), (e). Pub. L. 85861, § 2(11), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by section 1676(a)(3) of Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1630(2) of Pub. L. 103337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Effective Date of 1958 AmendmentAmendment by section 33(c)(2) of Pub. L. 85861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85861, set out as a note under section 101 of Title 10, Armed Forces.
Suspension of Subsection (d) of This SectionFor authority of the President to suspend subsec. (d) of this section in time of war or emergency declared by Congress, see section 111 of this title.
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# 32 U.S.C. § 324 - Discharge of officers; termination of appointment
## Text
(a) An officer of the National Guard shall be discharged when—
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give him a discharge certificate.
(b) Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member.
(c) Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officers consent, until the date on which the officer becomes 68 years of age.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(5), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 110417, [div. A], title V, § 516(b), Oct. 14, 2008, 122 Stat. 4442; Pub. L. 111383, div. A, title X, § 1075(h)(4)(C), Jan. 7, 2011, 124 Stat. 4377.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 324(a)324(b)32:114 (less 1st sentence).32:114 (1st sentence).June 3, 1916, ch. 134, § 77; restated June 15, 1933, ch. 87, § 14; restated June 19, 1935, ch. 277, § 4, 49 Stat. 391; July 9, 1952, ch. 608, § 803 (11th par.), 66 Stat. 505. In subsection (a), the words “shall be discharged” are substituted for the words “shall thereupon cease to be a member thereof” since an official is required to give the officer a discharge certificate. The words “becomes 64 years of age” are substituted for the words “upon reaching the age of sixty-four years”. The words “his Federal recognition is withdrawn” are substituted for the words “When Federal recognition is withdrawn * * * as provided in section 115 of this title”. In subsection (b), the words “Subject to subsection (a)” are inserted for clarity. The words “as provided by the laws” are substituted for the words “in such manner as * * * shall provide by law”.
Editorial Notes
Amendments2011—Subsec. (b). Pub. L. 111383 amended directory language of Pub. L. 109163, § 1057(b)(5). See 2006 Amendment note below. 2008—Subsec. (c). Pub. L. 110417 added subsec. (c). 2006—Subsec. (b). Pub. L. 109163, § 1057(b)(5), as amended by Pub. L. 111383, substituted “State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member” for “State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico or the District of Columbia, if he is a member of its National Guard”. 1988—Subsec. (b). Pub. L. 100456 struck out “, the Canal Zone,” after “Puerto Rico”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 111383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(C) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109163 as enacted.
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# 32 U.S.C. § 325 - Relief from National Guard duty when ordered to active duty
## Text
(a) Relief Required.— (1) Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
(b) Advance Authorization and Consent.— The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.
(c) Return to State Status.— So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 108136, div. A, title V, § 516, Nov. 24, 2003, 117 Stat. 1461; Pub. L. 109163, div. A, title X, § 1057(b)(6), Jan. 6, 2006, 119 Stat. 3442; Pub. L. 110417, [div. A], title V, § 517, Oct. 14, 2008, 122 Stat. 4442.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 325(a)325(b)50:1120.50:1122(b) (less last 17 words).July 9, 1952, ch. 608, §§ 710, 712(b) (less last 17 words), 66 Stat. 503, 504. In subsection (a), the words “in the service of the United States” are omitted as surplusage. The words “effective date of his order to active duty until he is relieved from that duty” are substituted for the words “active-duty date of the orders and for as long as they remain on active duty in the service of the United States”. 50:1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force. In subsection (b), the words “upon relief from that duty” are substituted for the words “upon being relieved from active duty”. The words “their National Guard status” are substituted for the words “to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia”.
Editorial Notes
Amendments2008—Subsec. (a)(2). Pub. L. 110417, § 517(a), struck out “in command of a National Guard unit” after “active duty” in introductory provisions. Subsecs. (b), (c). Pub. L. 110417, § 517(b), added subsec. (b) and redesignated former subsec. (b) as (c). 2006—Subsec. (a). Pub. L. 109163 substituted “State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands” for “State or Territory, or of Puerto Rico” in par. (1) and introductory provisions of par. (2) and “State or Territory or Puerto Rico” in par. (2)(B). 2003—Subsec. (a). Pub. L. 108136, § 516(a), substituted “(a) Relief Required.—(1) Except as provided in paragraph (2), each” for “(a) Each” and added par. (2). Subsec. (b). Pub. L. 108136, § 516(b), inserted heading. 1988—Subsec. (a). Pub. L. 100456 struck out “, the Canal Zone,” after “Puerto Rico”.
Executive Documents
Delegation of Functions Functions and authority of President under this section delegated to the Secretary of Defense, see Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, set out as a note under section 315 of this title.
National Guard Support for 2004 Democratic and Republican National Conventions and Other Appropriate Events Memorandum of President of the United States, July 23, 2004, 69 F.R. 46397, which delegated to the Secretary of Defense the functions and authority of the President under this section, was superseded by Memorandum of President of the United States, Apr. 14, 2011, 69 F.R. 22003, set out as a note under section 315 of this title.
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# 32 U.S.C. § 326 - Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
## Text
In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 107314, div. A, title V, § 512(a), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 32632:91.June 3, 1916, ch. 134, § 102, 39 Stat. 208. The words “not in Federal service” are substituted for the words “Except in organizations in the service of the United States”. The words “have the jurisdiction and powers” are substituted for the words “and have cognizance of the same subjects, and possess like powers”. The words “of three kinds, namely”, “provided for by the laws and regulations governing”, “proceedings of courts-martial of the National Guard”, and “modes of” are omitted as surplusage.
Editorial Notes
Amendments2006—Pub. L. 109163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”. 2002—Pub. L. 107314 inserted at end “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”
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# 32 U.S.C. § 327 - Courts-martial of National Guard not in Federal service: convening authority
## Text
(a) In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(b) In the National Guard not in Federal service—
(1) general courts-martial may be convened by the President;
(2) special courts-martial may be convened—
(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or
(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and
(3) summary courts-martial may be convened—
(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or
(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment.
(c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100456, div. A, title XII, § 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 107314, div. A, title V, § 512(b), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 327(a)327(b)32:92 (1st 46 words).32:92 (less 1st 46 words).June 3, 1916, ch. 134, § 103, 39 Stat. 208. In subsection (a), the words “Federal service” are substituted for the words “service of the United States”. In subsection (b), the words “A general court-martial may sentence to—” are substituted for the words “and such courts shall have the power to impose * * * to sentence”. The words “any combination of these punishments” are substituted for the words “or any two or more of such punishments may be combined in the sentences imposed by such courts”.
Editorial Notes
Amendments2006—Subsec. (a). Pub. L. 109163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”. 2002—Pub. L. 107314 amended section catchline and text generally. Prior to amendment, text read as follows: “(a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia. “(b) A general court-martial may sentence to— “(1) a fine of not more than $200; “(2) forfeiture of pay and allowances; “(3) a reprimand; “(4) dismissal or dishonorable discharge; “(5) reduction of a noncommissioned officer to the ranks; or “(6) any combination of these punishments.” 1988—Subsec. (a). Pub. L. 100456 substituted “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,”.
Statutory Notes and Related Subsidiaries
Models for State Code of Military Justice and State Manual for Courts-MartialPub. L. 107314, div. A, title V, § 512(e), Dec. 2, 2002, 116 Stat. 2537, provided that: “(1) The Secretary of Defense shall prepare a model State code of military justice and a model State manual for courts-martial to recommend to the States for use with respect to the National Guard not in Federal service. Both such models shall be consistent with the recommendations contained in the report that was issued in 1998 by the Department of Defense Panel to Study Military Justice in the National Guard not in Federal Service. “(2) The Secretary shall ensure that adequate support for the preparation of the model State code of military justice and the model State manual for courts-martial (including the detailing of attorneys and other personnel) is provided by the General Counsel of the Department of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau. “(3) If the funds available to the Chief of the National Guard Bureau are insufficient for paying the cost of the National Guard Bureau support required under paragraph (2) (including increased costs of pay of members of the National Guard for additional active duty necessitated by such requirement and increased cost of detailed attorneys and other staff, allowances, and travel expenses related to such support), the Secretary shall, upon request made by the Chief of the Bureau, provide such additional funding as the Secretary determines necessary to satisfy the requirement for such support. “(4) Not later than one year after the date of the enactment of this Act [Dec. 2, 2002], the Secretary shall submit a report on the actions taken to carry out this subsection to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include proposals in final form of both the model State code of military justice and the model State manual for courts-martial required by paragraph (1), together with a discussion of the efforts being made to present those proposals to the States for their consideration for enactment or adoption, respectively. “(5) In this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.”
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# 32 U.S.C. § 328 - Active Guard and Reserve duty: Governors authority
## Text
(a) Authority.— The Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, with the consent of the Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty, as defined by section 101(d)(6) of title 10, pursuant to section 502(f) of this title.
(b) Duties.— A member of the National Guard performing duty under subsection (a) may perform the additional duties specified in section 502(f)(2) of this title to the extent that the performance of those duties does not interfere with the performance of the members primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components.
(c) Waiver Authority.— (1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty.
(2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title.
(3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time.
(4) The authority under paragraph (1) shall terminate on October 1, 2024.
(Added Pub. L. 109364, div. A, title V, § 526(a), Oct. 17, 2006, 120 Stat. 2196; amended Pub. L. 117263, div. A, title V, § 515(a), Dec. 23, 2022, 136 Stat. 2566.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 328, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related to special courts-martial of the National Guard not in Federal service, prior to repeal by Pub. L. 107314, div. A, title V, § 512(c), Dec. 2, 2002, 116 Stat. 2537, applicable with respect to courts-martial convened after Dec. 2, 2002.
Amendments2022—Subsec. (c). Pub. L. 117263 added subsec. (c).
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# 32 U.S.C. § 328a - Active Guard and Reserve duty: State disaster response duty
## Text
(a) Authority.— The chief executive of a State who has declared an emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as “State disaster response duty”.
(b) Requirements.— State disaster response duty performed pursuant to this section—
(1) shall be on a reimbursable basis, in accordance with subsection (c);
(2) may be performed to the extent that the performance of such duty does not interfere with the performance of the members primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and
(3) shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional—
(A) 7 days, if the Secretary determines that such extension is appropriate; and
(B) 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as that term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).
(c) Reimbursement.— (1) The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section.
(2) Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds.
(3) Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to—
(A) the appropriation, fund, or account used to pay such costs; or
(B) an appropriation, fund, or account available for the purposes for which such costs were incurred.
(4) If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed—
(A) unless authorized by the Secretary of Defense; and
(B) after the requesting chief executive obligates funds for the amount in arrears.
(d) Limitation of Liability.— While performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section.
(e) Definitions.— In this section:
(1) The term “Active Guard and Reserve duty” has the meaning given such term in section 101 of title 10.
(2) The term “State” has the meaning given such term in section 901 of this title.
(Added Pub. L. 11960, div. A, title V, § 512(a), Dec. 18, 2025, 139 Stat. 860.)
## Notes
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 11960, div. A, title V, § 512(b), Dec. 18, 2025, 139 Stat. 861, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall prescribe regulations under section 328a of such title, as added by subsection (a).”
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# 32 U.S.C. § 329 - Prohibition on private funding for interstate deployment
## Text
A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(Added Pub. L. 11781, div. A, title V, § 512(a), Dec. 27, 2021, 135 Stat. 1682.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 329, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, which related to summary courts-martial of National Guard not in Federal service, was repealed by Pub. L. 107314, div. A, title V, § 512(c)(1), Dec. 2, 2002, 116 Stat. 2537.
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# 32 U.S.C. § 330 to 333 - Repealed. Pub. L. 107314, div. A, title V, § 512(c)(1), Dec. 2, 2002, 116 Stat. 2537]
## Notes
Section 330, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, related to confinement instead of fine for a court-martial in the National Guard not in Federal service.
Section 331, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100456, div. A, title XII, § 1234(b)(3), Sept. 29, 1988, 102 Stat. 2059, related to sentence of dismissal or dishonorable discharge in the National Guard not in Federal service.
Section 332, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, authorized the president of a court-martial or a summary court officer to compel attendance of accused and witnesses in the National Guard not in Federal service.
Section 333, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059, related to execution of process and sentence of courts-martial in the National Guard not in Federal service.
Statutory Notes and Related Subsidiaries
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# 32 U.S.C. § 334 - Repealed. Pub. L. 97124, § 3, Dec. 29, 1981, 95 Stat. 1666]
## Notes
Section, added Pub. L. 94464, § 2(b), Oct. 8, 1976, 90 Stat. 1986; amended Pub. L. 96513, title V, § 515(3), Dec. 12, 1980, 94 Stat. 2937, provided for the payment of malpractice liability of National Guard Medical personnel. See sections 1089(a) of Title 10, Armed Forces, and 2671 of Title 28, Judiciary and Judicial Procedure.
Statutory Notes and Related Subsidiaries
Amendment After RepealPub. L. 97258, § 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported to substitute “section 1304 of title 31” for “section 1302 of the Act of July 27, 1956, (31 U.S.C. 724a)” in subsec. (a) of section 334 of this title, without reference to the earlier repeal of that section by Pub. L. 97124, § 3, Dec. 29, 1981, 95 Stat. 1666.
Effective Date of RepealRepeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97124, set out as an Effective Date of 1981 Amendment note under section 1089 of Title 10, Armed Forces.
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# 32 U.S.C. § 335 - Repealed. Pub. L. 98525, title IV, § 414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519]
## Notes
Section, added Pub. L. 9894, title V, § 504(b)(1), Sept. 24, 1983, 97 Stat. 632, related to status of certain members of the National Guard performing full-time duty.
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# 32 U.S.C. § 501 - Training generally
## Text
(a) The discipline, including training, of the Army National Guard shall conform to that of the Army. The discipline, including training, of the Air National Guard shall conform to that of the Air Force.
(b) The training of the National Guard shall be conducted by the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands in conformity with this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 501(a)501(b)32:61 (1st 24 words).32:61 (less 1st 24 words).June 3, 1916, ch. 134, § 91, 39 Stat. 206. In subsection (a), the words “that of” are substituted for the words “the system which is or may be prescribed for”. The word “Army” is substituted for the words “Regular Army”, since the Army is the category for which the discipline and training is prescribed and the Regular Army is a personnel category for which no discipline and training is prescribed. Similarly, the words “Air Force” are used instead of the words “Regular Air Force”.
Editorial Notes
Amendments2006—Subsec. (b). Pub. L. 109163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”. 1988—Subsec. (b). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
Statutory Notes and Related Subsidiaries
Accreditation of National Guard Marksmanship Training CenterPub. L. 11960, div. A, title V, § 549, Dec. 18, 2025, 139 Stat. 876, provided that: “(a) Accreditation.—The Secretary of the Army may accredit the National Guard Marksmanship Training Center (hereinafter, NGMTC), located at Robinson Maneuver Training Center, Arkansas, as a U.S. Army Training and Doctrine Command institution. “(b) Validation.—Upon accreditation, the Secretary may designate the Small Arms Weapons Expert and Squad Designated Marksman programs of instruction taught at NGMTC as Training Operations Management Activity validated, National Guard-centric courses. “(c) Additional Skill Identifier.—The Secretary may award the Master Marksman Training additional skill identifier to members of the Army National Guard who successfully complete both programs specified in subsection (b). “(d) Briefing.—Not later than April 1, 2026, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and House of Representatives] a briefing regarding—“(1) the determination of the Secretary whether to use the authorities under subsections (a) through (c); “(2) any progress of the Secretary in integrating such programs into the Army Program Objective Memorandum; and “(3) the determination of the Secretary whether to establish a Modified Table of Organization and Equipment requirement associated with the additional skill identifier described in subsection (c) to ensure enduring demand and sustainment. “(e) Rule of Construction.—Nothing in this section shall be construed to transfer operational control, administrative authority, or ownership of the facility of the National Guard Marksmanship Training Center from the Army National Guard to the Department of Defense, the Department of the Army, or the National Guard Bureau.”
Pilot Program on Regional Cybersecurity Training Center for the Army National GuardPub. L. 115232, div. A, title XVI, § 1651, Aug. 13, 2018, 132 Stat. 2139, as amended by Pub. L. 116283, div. A, title XVII, § 1743, Jan. 1, 2021, 134 Stat. 4135; Pub. L. 11781, div. A, title XV, § 1502, Dec. 27, 2021, 135 Stat. 2021, provided that: “(a) Pilot Program.—The Secretary of the Army may carry out a pilot program under which the Secretary establishes a National Guard training center to provide collaborative interagency education and training for members of the Army National Guard. “(b) Center.—“(1) Training and cooperation.—If the Secretary carries out the pilot program under subsection (a), the Secretary should ensure that the training center established under such subsection—“(A) educates and trains members of the Army National Guard quickly and efficiently by concurrently training cyber protection teams and cyber network defense teams on a common standard in order to defend—“(i) the information network of the Department of Defense in a State environment; “(ii) while acting under title 10, United States Code, the information networks of State governments; and “(iii) critical infrastructure; “(B) fosters interagency cooperation by—“(i) co-locating members of the Army National Guard with personnel of departments and agencies of the Federal Government and State governments; and “(ii) providing an environment to develop interagency relationship to coordinate responses and recovery efforts during and following a cyber attack; “(C) collaborates with academic institutions to develop and implement curriculum for interagency education and training within the classroom; and “(D) coordinates with the Persistent Cyber Training Environment of the Army Cyber Command in devising and implementing interagency education and training using physical and information technology infrastructure. “(2) Locations.—If the Secretary carries out the pilot program under subsection (a), the Secretary may select one National Guard facility at which to carry out the pilot program. The Secretary may select a facility that is located in an area that meets the following criteria:“(A) The location has a need for cyber training, as measured by both the number of members of the Army National Guard that would apply for such training and the number of units of the Army National Guard that verify the unit would apply for such training. “(B) The location has high capacity information and telecommunications infrastructure, including high speed fiber optic networks. “(C) The location has personnel, technology, laboratories, and facilities to support proposed activities and has the opportunity for ongoing training, education, and research. “(c) Activities.—If the Secretary carries out the pilot program under subsection (a), the Secretary should ensure that the pilot program includes the following activities:“(1) Providing joint education and training and accelerating training certifications for working in a cyber range. “(2) Integrating education and training between the National Guard, law enforcement, and emergency medical and fire first responders. “(3) Providing a program to continuously train the cyber network defense teams to not only defend the information network of the Department of Defense, but to also provide education and training on how to use defense capabilities of the team in a State environment. “(4) Developing curriculum and educating the National Guard on the different missions carried out under titles 10 and 32, United States Code, in order to enhance interagency coordination and create a common operating picture. “(d) Notification Required.—If the Secretary carries out the pilot program under subsection (a), the Secretary shall provide immediate notification to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that includes information relating to the resources required to carry out such pilot program, identification of units to be trained, the location of such training, and a description of agreements with Federal, State, local, and private sector entities. “(e) Sunset.—The authority provided under this section shall expire on August 31, 2024.”
National Guard Support on Wildfire ResponsePub. L. 11781, div. A, title V, § 515, Dec. 27, 2021, 135 Stat. 1683, as amended by Pub. L. 117263, div. A, title V, § 516, Dec. 23, 2022, 136 Stat. 2566, related to National Guard support on wildfire response, prior to repeal by Pub. L. 11831, div. A, title V, § 515(c), Dec. 22, 2023, 137 Stat. 249. Pub. L. 11591, div. A, title III, § 351, Dec. 12, 2017, 131 Stat. 1367, as amended by Pub. L. 117263, div. A, title III, § 385, Dec. 23, 2022, 136 Stat. 2544; Pub. L. 11960, div. A, title III, § 314, Dec. 18, 2025, 139 Stat. 804, provided that: “The Secretary of the Army and the Secretary of the Air Force, in consultation with the Chief of the National Guard Bureau, shall provide support for the training of appropriate personnel of the National Guard on wildfire prevention and response. In carrying out this section, the Secretaries— “(1) shall give a preference to personnel assigned to military installations with the highest wildfire suppression needs, as determined by the Secretaries; and “(2) may consult with the Executive Board of the National Interagency Fire Center.”
Demonstration Project To Increase Reserve Component Internet Access and Services in Rural CommunitiesPub. L. 106398, § 1 [[div. A], title III, § 390], Oct. 30, 2000, 114 Stat. 1654, 1654A90, provided that: “(a) Authorization and Purpose of Project.—The Secretary of the Army, acting through the Chief of the National Guard Bureau, may carry out a demonstration project in rural communities that are unserved or underserved by the telecommunications medium known as the Internet to provide or increase Internet access and services to units and members of the National Guard and other reserve components located in these communities. “(b) Project Elements.—In carrying out the demonstration project, the Secretary may—“(1) establish and operate distance learning classrooms in communities described in subsection (a), including any support systems required for such classrooms; and “(2) provide Internet access and services in such classrooms through GuardNet, the telecommunications infrastructure of the National Guard. “(c) Report.—Not later than February 1, 2005, the Secretary shall submit to Congress a report on the demonstration project. The report shall describe the activities conducted under the demonstration project and include any recommendations for the improvement or expansion of the demonstration project that the Secretary considers appropriate.”
Pilot Program To Use National Guard Personnel in Medically Underserved CommunitiesPub. L. 102484, div. A, title III, § 376, Oct. 23, 1992, 106 Stat. 2385, as amended by Pub. L. 103160, div. A, title III, § 365, Nov. 30, 1993, 107 Stat. 1629; Pub. L. 103337, div. A, title III, § 384, Oct. 5, 1994, 108 Stat. 2741, provided that: “(a) Pilot Program.—The Chief of the National Guard Bureau shall enter into an agreement, approved by the Secretary of Defense, with each of the Governors of one or more States to carry out a pilot program during fiscal years 1993, 1994, and 1995 to provide training and professional development opportunities for members of the National Guard through the provision of health care to residents of medically underserved communities in those States with the use of personnel and equipment of the National Guard. “(b) Funding Assistance.—Amounts made available from Department of Defense accounts for operation and maintenance and for pay and allowances to carry out the pilot program shall be apportioned by the Chief of the National Guard Bureau among those States with which the Chief has entered into approved agreements. In addition to such amounts, the Chief of the National Guard Bureau may authorize any such State, in order to carry out the pilot program during a fiscal year, to use funds received as part of the operation and maintenance allotments and the pay and allowances allotments for the National Guard of the State for that fiscal year. “(c) Supplies and Equipment.—(1) Funds made available from Department of Defense operation and maintenance accounts to carry out the pilot program may be used for the purchase of supplies and equipment necessary for the provision of health care under the pilot program. “(2) In addition to supplies and equipment provided through the use of funds under paragraph (1), supplies and equipment described in such paragraph that are furnished by a State, a Federal agency, a private agency, or an individual may be used to carry out the pilot program. “(d) Maintenance of Effort.—The Chief of the National Guard Bureau shall ensure that each agreement under subsection (a) provides that the provision of services under the pilot program will supplement and increase the level of services that would be provided with non-Federal funds in the absence of such services, and will in no event supplant services provided with non-Federal funds. “(e) Coordination Among Programs.—In carrying out the pilot program under subsection (a), the Chief of the National Guard Bureau shall consult with the Secretary of Health and Human Services for the purpose of ensuring that the provision of services under the pilot program are not redundant with the services of programs of such Secretary. “(f) Service of Participants.—Service in the pilot program by a member of the National Guard shall be considered training in the members Federal status as a member of the National Guard of a State under section 270 [see 10147] of title 10, United States Code, and section 502 of title 32, United States Code. “(g) Report.—The Secretary of Defense shall, not later than January 1, 1995, submit to the Congress a report on the effectiveness of the pilot program and any recommendations with respect to the pilot program. “(h) Definitions.—In this section:“(1) The term health care includes the following services:“(A) Medical care services. “(B) Dental care services. “(C) Transportation, by air ambulance or other means, for medical reasons. “(2) The term Governor, with respect to the District of Columbia, means the commanding general of the District of Columbia National Guard. “(3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.”
National Guard Civilian Youth Opportunities Pilot ProgramPub. L. 104106, div. A, title V, § 573, Feb. 10, 1996, 110 Stat. 355, continued the authority to carry out the pilot program under section 1091 of Pub. L. 102484 for 18 months beyond Feb. 10, 1996, and limited the number of programs authorized to be carried out. Pub. L. 102484, div. A, title X, § 1091, Oct. 23, 1992, 106 Stat. 2519, as amended by Pub. L. 10382, title I, § 104(e)(1)(A), (C), Sept. 21, 1993, 107 Stat. 846; Pub. L. 103160, div. A, title XI, § 1174, Nov. 30, 1993, 107 Stat. 1767; Pub. L. 103382, title III, § 391(o), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 10585, div. A, title X, § 1073(d)(2)(B), Nov. 18, 1997, 111 Stat. 1905, authorized a pilot program known as the National Guard Civilian Youth Opportunities Program during fiscal years 1993 through 1995 to provide help to selected secondary school dropouts through military-based training. See section 509 of this title.
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# 32 U.S.C. § 502 - Required drills and field exercises
## Text
(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall—
(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and
(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.
However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard.
(b) An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days.
(c) The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period.
(d) No organization may receive credit for an assembly for drill or indoor target practice unless—
(1) the number of members present equals or exceeds the minimum number prescribed by the President;
(2) the period of military duty or instruction for which a member is credited is at least one and one-half hours; and
(3) the training is of the type prescribed by the Secretary concerned.
(e) An appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a regularly scheduled drill.
(f) (1) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may—
(A) without his consent, but with the pay and allowances provided by law; or
(B) with his consent, either with or without pay and allowances;
be ordered to perform training or other duty in addition to that prescribed under subsection (a).
(2) The training or duty ordered to be performed under paragraph (1) may include the following:
(A) Support of operations or missions undertaken by the members unit at the request of the President or Secretary of Defense.
(B) Support of training operations and training missions assigned in whole or in part to the National Guard by the Secretary concerned, but only to the extent that such training missions and training operations—
(i) are performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States; and
(ii) are only to instruct active duty military, foreign military (under the same authorities and restrictions applicable to active duty troops), Department of Defense contractor personnel, or Department of Defense civilian employees.
(3) Duty without pay shall be considered for all purposes as if it were duty with pay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 610; Pub. L. 88621, § 1(1), Oct. 3, 1964, 78 Stat. 999; Pub. L. 90168, § 4, Dec. 1, 1967, 81 Stat. 526; Pub. L. 92156, title III, § 303(b), Nov. 17, 1971, 85 Stat. 425; Pub. L. 103160, div. A, title V, § 524(b), Nov. 30, 1993, 107 Stat. 1657; Pub. L. 109364, div. A, title V, § 525(c), Oct. 17, 2006, 120 Stat. 2195.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 502(a)502(b)502(c)502(d)32:62 (1st sentence, less proviso).32:62 (proviso of 1st sentence).32:62 (last sentence, less 1st, 2d, and 3d provisos).32:62 (1st proviso of last sentence).June 3, 1916, ch. 134, § 92; restated June 3, 1924, ch. 244, § 2; restated Oct. 14, 1940, ch. 875, § 2, 54 Stat. 1135; Mar. 25, 1948, ch. 157, § 5(a), 62 Stat. 90. 502(e)32:62 (2d and 3d provisos of last sentence). In subsection (a), the words “including target practice” and “such company, troop, battery, or detachment shall have been * * * from participation in any part thereof” are omitted as surplusage. In subsections (a) and (b), the word “troop” is omitted as obsolete. In subsection (b), the words “parts of those organizations” are substituted for the words “subdivisions or parts thereof”. The words “but in the latter case”, “of subdivisions or groups”, “comprehend”, and “the time limit of” are omitted as surplusage. In subsection (c), the word “member” is substituted for the words “officer, warrant officer, or enlisted man”. The words “series of formations” are substituted for the words “separate consecutive formations announced”. The words “regardless of the number of formations that he attends during the series” are substituted for the words “even though he may have attended more than one of the formations”. The words “sum”, “actual military”, and “of time” are omitted as surplusage. 32:62 (4th proviso of last sentence) is omitted as superseded by section 683 of title 10. 32:62 (last proviso of last sentence) is omitted as superseded by section 501(b) of the Career Compensation Act of 1949, 63 Stat. 826 (37 U.S.C. 301(b)). In subsection (d), the word “members” is substituted for the words “officers and enlisted men”. The words “for which a member is credited” are substituted for the words “participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present”. The words “for duty at such assembly”, “actual”, and “character of” are omitted as surplusage. In subsection (e), the word “member” is substituted for the words “officer or enlisted man”. The words “Air Corps * * * assigned to an Air Corps unit thereof, or * * * an officer or enlisted man of the Medical Department of the said National Guard regularly attached to an Air Corps unit of the National Guard by appropriate authority” are omitted, since the revised subsection applies only to members who perform flights under competent orders and who are thereby prevented from attending a regular drill.
Editorial Notes
Amendments2006—Subsec. (f). Pub. L. 109364 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), struck out “Duty without pay shall be considered for all purposes as if it were duty with pay.” at end, and added pars. (2) and (3). 1993—Subsec. (b). Pub. L. 103160 substituted “90 consecutive days” for “30 consecutive days” in second sentence. 1971—Subsec. (a). Pub. L. 92156 inserted exception to training requirements where member served on active duty for one year or more if the training period falls during last one hundred and twenty days of required membership in National Guard. 1967—Subsec. (b). Pub. L. 90168 substituted 30 consecutive days for seven consecutive days of the same calendar month as the time within which all parts of the unit must be included in a series of formations in order to be credited as an assembly for drill and instruction. 1964—Subsec. (f). Pub. L. 88621 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1967 AmendmentAmendment by Pub. L. 90168 effective first day of first calendar month following date of enactment of Pub. L. 90168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90168, set out as a note under section 138 of Title 10, Armed Forces.
Executive Documents
Memorandum To Extend Federal Support to Governors Use of the National Guard To Respond to COVID19 and To Increase Reimbursement and Other Assistance Provided to States Memorandum of President of the United States, Jan. 21, 2021, 86 F.R. 7481, provided: Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 51215207 (the “Stafford Act”), and section 502 of title 32, United States Code, I hereby order as follows: Section 1. Policy. Consistent with the nationwide emergency declaration concerning the coronavirus disease 2019 (COVID19) pandemic on March 13, 2020, it is the policy of my Administration to combat and respond to COVID19 with the full capacity and capability of the Federal Government to protect and support our families, schools, and businesses, and to assist State, local, Tribal, and territorial governments to do the same, to the extent authorized by law. Sec. 2. Support of Operations or Missions to Prevent and Respond to the Spread of COVID19. (a) The Secretary of Defense shall, to the maximum extent feasible and consistent with mission requirements (including geographic proximity), request pursuant to 32 U.S.C. 502(f) that all State and territorial governors order National Guard forces to perform duty to fulfill mission assignments, on a fully reimbursable basis, that the Federal Emergency Management Agency (FEMA) issues to the Department of Defense for the purpose of supporting State, local, Tribal, and territorial emergency assistance efforts under the Stafford Act. (b) FEMA shall fund 100 percent of the cost of activities associated with all mission assignments for the use of the National Guard under 32 U.S.C. 502(f) to respond to COVID19, as authorized by sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act. (c) This section supersedes prior Presidential Memoranda requesting the use of the National Guard to respond to the COVID19 emergency to the extent they are inconsistent with this memorandum. Sec. 3. Assistance for Category B Emergency Protective Measures. (a) In accordance with sections 403 (42 U.S.C. 5170b) and 502 (42 U.S.C. 5192) of the Stafford Act, FEMA shall, as appropriate and consistent with applicable law, make available under Category B of the Public Assistance program such assistance as may be required by States (including territories and the District of Columbia), local governments, and Tribal governments to provide for the safe opening and operation of eligible schools, child-care facilities, healthcare facilities, non-congregate shelters, domestic violence shelters, transit systems, and other eligible applicants. Such assistance may include funding for the provision of personal protective equipment and disinfecting services and supplies. (b) FEMA shall make assistance under this section available at a 100 percent Federal cost share until September 30, 2021. Sec. 4. Advanced Reimbursement. To make reimbursements for approved work under the Stafford Act to respond to COVID19 available more quickly, FEMA shall expedite reimbursement for eligible emergency work projects and, as appropriate and consistent with applicable law, provide an advance of the Federal share on a percentage of the expected reimbursement from FEMA-approved projects. Sec. 5. One-Hundred Percent Cost Share Termination. The 100 percent Federal cost share for use of National Guard forces authorized by section 2(b) of this memorandum shall extend to, and shall be available for, orders of any length authorizing duty through September 30, 2021. Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register. J.R. Biden, Jr.
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# 32 U.S.C. § 503 - Participation in field exercises
## Text
(a) (1) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force, as the case may be, may provide for the participation of the National Guard in encampments, maneuvers, outdoor target practice, or other exercises for field or coast-defense instruction, independently of or in conjunction with the Army or the Air Force, or both.
(2) Paragraph (1) includes authority to provide for participation of the National Guard in conjunction with the Army or the Air Force, or both, in joint exercises for instruction to prepare the National Guard for response to civil emergencies and disasters.
(b) Amounts necessary for the pay, subsistence, transportation, and other proper expenses of any part of the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands participating in an exercise under subsection (a) may be set aside from funds allocated to it from appropriations for field or coast-defense instruction.
(c) Members of the National Guard participating in an exercise under subsection (a) may, after being mustered, be paid for the period beginning with the date of leaving home and ending with the date of return, as determined in advance. If otherwise correct, such a payment passes to the credit of the disbursing officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 610; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104106, div. A, title V, § 517, Feb. 10, 1996, 110 Stat. 309; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 503(a)503(b)503(c)32:63 (1st 56 words).32:63 (less 1st 56 words).32:158.June 3, 1916, ch. 134, §§ 94 (less last 43 words after semicolon), 98, 39 Stat. 206, 207. In subsection (a), the words “the whole or any part” and “any part of” are omitted as surplusage. The word “Army” is substituted for the words “Regular Army”, since the Army is the category that participates in the exercises, and the Regular Army is a personnel category only. Similarly, the words “Air Force” are used instead of the words “Regular Air Force”. In subsection (b), the words “Amounts necessary” are substituted for the words “such portion of said funds as may be necessary”. The words “participating in an exercise under subsection (a)” are substituted for the words “as shall participate in such encampments, maneuvers, or other exercises, including outdoor target practice, for field and coast-defense instruction”. The words “allocated to it from appropriations for field or coast-defense instruction” are substituted for the words “appropriated for that purpose and allocated to any State, Territory, or the District of Columbia”. In subsection (c), the words “Members of the National Guard participating in an exercise under subsection (a)” are substituted for the words “When any portion of the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, under the provisions of this title”. The words “duly”, “at any time”, “rendezvous”, “both dates inclusive”, and “making the same” are omitted as surplusage.
Editorial Notes
Amendments2006—Subsec. (b). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”. 1996—Subsec. (a). Pub. L. 104106 designated existing provisions as par. (1) and added par. (2). 1988—Subsec. (b). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 504 - National Guard schools and small arms competitions
## Text
(a) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, members of the National Guard may—
(1) attend schools conducted by the Army or the Air Force, as appropriate;
(2) conduct or attend schools conducted by the National Guard; or
(3) participate in small arms competitions.
(b) Activities authorized under subsection (a) for members of the National Guard of a State or territory, Puerto Rico, or the District of Columbia may be held inside or outside its boundaries.
(Aug. 10, 1956, ch. 1041, 70A Stat. 611; Pub. L. 88621, § 1(2), Oct. 3, 1964, 78 Stat. 999; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 504(a)504(b)32:64 (1st sentence).32:64 (less 1st sentence).June 3, 1916, ch. 134, § 97 (less last sentence); restated May 28, 1926, ch. 417, § 2 (less last sentence), 44 Stat. 674. In subsection (a), the word “members” is substituted for the words “officers, warrant officers, and enlisted men”. The words “for the purpose” and “for that purpose” are omitted as surplusage. In subsection (b), the words “Assemblies under subsection (a)” are substituted for the words “such assemblages”. The words “for members of the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia * * * inside or outside of its boundaries” are substituted for the words “either within or without the State, Territory, or District of Columbia, to which the members of the National Guard designated to attend them shall belong”.
Editorial Notes
Amendments1988—Subsec. (b). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1964—Pub. L. 88621 substituted provisions authorizing the Secretaries of the Army and of the Air Force to issue regulations, for provisions authorizing the President to issue regulations, and provided that members of the National Guard may conduct or attend schools conducted by the National Guard.
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# 32 U.S.C. § 505 - Army and Air Force schools and field exercises
## Text
Under such regulations as the President may prescribe and upon the recommendation of the governor of any State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands or of the commanding general of the National Guard of the District of Columbia, the Secretary of the Army may authorize a limited number of members of its Army National Guard to—
(1) attend any service school except the United States Military Academy, and to pursue a regular course of study at the school; or
(2) be attached to an organization of the branch of the Army corresponding to the organization of the Army National Guard to which the member belongs, for routine practical instruction at or near an Army post during field training or other outdoor exercise.
Similarly, the Secretary of the Air Force may authorize a limited number of members of the Air National Guard to—
(1) attend any service school except the United States Air Force Academy, and to pursue a regular course of study at the school; or
(2) be attached to an organization of the Air Force corresponding to the organization of the Air National Guard to which the member belongs, for routine practical instruction at an air base during field training or other outdoor exercise.
(Aug. 10, 1956, ch. 1041, 70A Stat. 611; Pub. L. 100456, div. A, title XII, § 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 50532:65.June 3, 1916, ch. 134, § 99 (1st 133 words); restated Sept. 22, 1922, ch. 423, § 5 (1st 129 words); restated May 28, 1926, ch. 417, § 3 (1st 133 words), 44 Stat. 674. The words “branch of the Army corresponding” are substituted for the words “same arm, corps, or department”, to conform to sections 3063 and 3064 of title 10. In the second sentence, the words “organization of the Air Force corresponding” are substituted for the words “same arm, corps, or department”, since the Air Force is not organized by statute into branches, arms, corps, or departments. The word “members” is substituted for the words “officers, warrant officers, and enlisted men”. The words “service school” are substituted for the words “military-service school of the United States”. Reference to the United States Air Force Academy is inserted to reflect its establishment by the Air Force Academy Act (63 Stat. 47).
Editorial Notes
Amendments2006—Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory or Puerto Rico” in introductory provisions. 1988—Pub. L. 100456, which directed the substitution of “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,” in subsec. (a), was executed to the introductory provisions of this section as the probable intent of Congress.
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# 32 U.S.C. § 506 - Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard
## Text
(a) The President shall assign for instruction of the National Guard such members of the Regular Army or the Regular Air Force as he considers necessary.
(b) The Secretary of the Army may detail members of the Regular Army to attend an encampment, maneuver, or other exercise, for field or coast-defense instruction of the Army National Guard. Similarly, the Secretary of the Air Force may detail members of the Regular Air Force to attend exercises for field or coast-defense instruction of the Air National Guard. Members so detailed shall instruct the members of the National Guard at the exercise, as directed by the Secretary concerned, or as requested by the governor or commanding officer of the National Guard there assembled.
(Aug. 10, 1956, ch. 1041, 70A Stat. 611.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 506(a)506(b)32:66.32:67.June 3, 1916, ch. 134, § 81 (1st sentence of 2d par., less 1st 7 words); added June 4, 1920, ch. 227, subch. I, § 44 (5th sentence, less 1st 6 words); restated Sept. 22, 1922 ch. 423, § 4 (6th sentence, less 1st 6 words); restated Feb. 28, 1925, ch. 371, § 3 (6th sentence, less 1st 6 words); restated June 15, 1933, ch. 87, § 16 (1st sentence of 2d par., less 1st 7 words), 48 Stat. 160.June 3, 1916, ch. 134, § 96, 39 Stat. 207. In subsection (a), the words “members of the Regular Army and the Regular Air Force” are substituted for the words “officers of the Regular Army” and “enlisted men of the Regular Army”. In subsection (b), the words “members” is substituted for the words “officers and enlisted men”. The words “one or more”, “information”, and “encampment, maneuver, or other” are omitted as surplusage.
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# 32 U.S.C. § 507 - Instruction in firing; supply of ammunition
## Text
Ammunition for instruction in firing and for target practice may be furnished, in such amounts as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, to units of the National Guard encamped at a post, camp, or air base. The instruction shall be under the direction of a commissioned officer selected for that purpose by the proper military commander.
(Aug. 10, 1956, ch. 1041, 70A Stat. 612.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 50732:71.Jan. 21, 1903, ch. 196, § 21, 32 Stat. 779. The words “post camp, or air base” are substituted for the words “military post or camp”. The words “such amounts” are omitted as surplusage. The words “National Guard” are substituted for the words “troops of the militia”, since the source statute historically applied only to the organized militia (see opinion of the Judge Advocate General of the Army (JAGA 1952/4374, 9 July 1952)). The word “commissioned” is inserted, since 32:71 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)).
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# 32 U.S.C. § 508 - Assistance for certain youth and charitable organizations
## Text
(a) Authority To Provide Services.— Members and units of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training required under this chapter in any case in which—
(1) the provision of such services does not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit;
(2) the services to be provided are not commercially available, or any commercial entity that would otherwise provide such services has approved, in writing, the provision of such services by the National Guard;
(3) National Guard personnel will enhance their military skills as a result of providing such services; and
(4) the provision of the services will not result in a significant increase in the cost of the training.
(b) Authorized Services.— The services authorized to be provided under subsection (a) are as follows:
(1) Ground transportation.
(2) Air transportation in support of Special Olympics.
(3) Administrative support services.
(4) Technical training services.
(5) Emergency medical assistance and services.
(6) Communications services.
(c) Other Authorized Assistance.— Facilities and equipment of the National Guard, including military property of the United States issued to the National Guard and General Services Administration vehicles leased to the National Guard, and General Services Administration vehicles leased to the Department of Defense, may be used in connection with providing services to any eligible organization under this section.
(d) Eligible Organizations.— The organizations eligible to receive services under this section are as follows:
(1) The Boy Scouts of America.
(2) The Girl Scouts of America.
(3) The Boys Clubs of America.
(4) The Girls Clubs of America.
(5) The Young Mens Christian Association.
(6) The Young Womens Christian Association.
(7) The Civil Air Patrol.
(8) The United States Olympic Committee.
(9) The Special Olympics.
(10) The Campfire Boys.
(11) The Campfire Girls.
(12) The 4H Club.
(13) The Police Athletic League.
(14) Any other youth or charitable organization designated by the Secretary of Defense.
(Added Pub. L. 103337, div. A, title III, § 385(a), Oct. 5, 1994, 108 Stat. 2741.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
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# 32 U.S.C. § 510 - Authorization for FireGuard Program
## Text
(a) In General.— The Secretary of Defense may use members of the National Guard to carry out a program to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the detection and monitoring of wildfires, and to support any emergency response to such wildfires. Such a program shall be known as the “FireGuard Program”.
(b) Contracts and Agreements.— (1) The Secretary of Defense may enter into a contract or cooperative agreement with a qualified individual or entity for the performance of duties to supplement members of the National Guard in carrying out the FireGuard Program under subsection (a).
(2) In association with a contract or cooperative agreement entered into under paragraph (1) with a qualified individual or entity, the Chief of the National Guard Bureau, in coordination with relevant State, local, and commercial entities, shall execute a memorandum of understanding with the qualified individual or entity, which shall clearly delineate the roles, responsibilities, functions, timelines, and end dates for the transition of the duties to be performed under the contract or cooperative agreement.
(3) In this subsection, the term “qualified individual or entity” means—
(A) any individual who possesses a requisite security clearance for handling classified remote sensing data for the purpose of wildfire detection and monitoring; or
(B) any corporation, firm, partnership, company, nonprofit, Federal agency or sub-agency, or State or local government, with contractors or employees who possess a requisite security clearance for handling such data.
(Added Pub. L. 11831, div. A, title V, § 515(a), Dec. 22, 2023, 137 Stat. 248; amended Pub. L. 118159, div. A, title III, § 352(a), Dec. 23, 2024, 138 Stat. 1857.)
## Notes
Editorial Notes
Amendments2024—Pub. L. 118159 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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# 32 U.S.C. § 701 - Uniforms, arms, and equipment to be same as Army or Air Force
## Text
So far as practicable, the same types of uniforms, arms, and equipment as are issued to the Army shall be issued to the Army National Guard, and the same types of uniforms, arms, and equipment as are issued to the Air Force shall be issued to the Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 612.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70132:31.June 3, 1916, ch. 134, § 82; restated June 15, 1933, ch. 87, § 17, 48 Stat. 160. The words “shall be issued” are substituted for the words “shall * * * be uniformed, armed, and equipped with”. The words “as are issued” are substituted for the words “as are or shall be provided”. The word “Army” is substituted for the words “Regular Army”, since the Army is the category to which uniforms, arms, and equipment are issued, and the Regular Army is a personnel category only. Similarly, the words “Air Force” are used instead of the words “Regular Air Force”.
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# 32 U.S.C. § 702 - Issue of supplies
## Text
(a) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force may buy or manufacture and, upon requisition of the governor of any State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands or the commanding general of the National Guard of the District of Columbia, issue to its Army National Guard and Air National Guard, respectively, the supplies necessary to uniform, arm, and equip that Army National Guard or Air National Guard for field duty.
(b) Whenever the Secretary concerned is satisfied that the Army National Guard or the Air National Guard, as the case may be, of any State or Territory, Puerto Rico, or the District of Columbia is properly organized, armed, and equipped for field duty, funds allotted to that jurisdiction for its Army National Guard or Air National Guard may be used to buy any article issued by the Army or the Air Force, as the case may be.
(c) Under such regulations as the President may prescribe, the issue of new types of equipment, small arms, or field guns to the National Guard of any State or Territory, Puerto Rico, or the District of Columbia shall be without charge against appropriations for the National Guard.
(d) No property may be issued to the National Guard of a State or Territory, Puerto Rico, or the District of Columbia, unless that jurisdiction makes provision, satisfactory to the Secretary concerned, for its protection and care.
(Aug. 10, 1956, ch. 1041, 70A Stat. 612; Pub. L. 100456, div. A, title XII, § 1234(b)(1), (4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 702(a)702(b)702(c)702(d)32:33 (less provisos).32:33 (last proviso).32:35.32:33 (1st proviso).June 3, 1916, ch. 134, §§ 83, 84, 39 Stat. 203, 204. In subsection (a), the word “supplies” is substituted for the detailed description of stores, material, and equipment, since under section 101(12) of this title, “supplies” includes stores, material, and equipment. The words “may buy or manufacture” are substituted for the words “is authorized to procure * * * by purchase or manufacture”. The words “within the limits of available appropriations made by Congress” and “from time to time” are omitted as surplusage. In subsection (b), the words “the Secretary concerned is satisfied” are substituted for the words “it shall be shown to the satisfaction of the Secretary of the Army”. The words “buy any article issued by the Army or the Air Force” are substituted for the words “purchase, from the Department of the Army, of any article issued by any of the supply departments of the Army”. In subsection (c), the words “the issue of” are substituted for the words “whenever * * * shall have been issued * * * shall be furnished”. The words “shall be without charge” are substituted for the words “without charging the cost or value thereof or any expense connected therewith”. The words “provided for the support” are omitted as surplusage. In subsection (d), the words “No property may be issued to * * * unless that jurisdiction” are substituted for the words “Provided, That as a condition precedent to the issue of any property as provided for by this title” and “desiring such issue”.
Editorial Notes
Amendments2006—Subsec. (a). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory or Puerto Rico”. 1988—Subsec. (a). Pub. L. 100456, § 1234(b)(4), substituted “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,”. Subsecs. (b) to (d). Pub. L. 100456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 703 - Purchases of supplies by States from Army or Air Force
## Text
(a) Subject to the approval of the Secretary of the Army, any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may buy from the Department of the Army, for its National Guard or the officers thereof, supplies and military publications furnished to the Army, in addition to other supplies issued to its Army National Guard. On the same basis, it may buy similar property from the Department of the Air Force. A purchase under this subsection shall be for cash, at cost plus transportation.
(b) In time of actual or threatened war, the United States may requisition for military use any property bought under subsection (a). Credit for the return in kind of property so requisitioned shall be given to the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands from which it is received.
(c) Proceeds of sales by the Department of the Army and the Department of the Air Force under this section shall be credited to the appropriations from which the property was purchased, shall not be covered into the Treasury, and may be used to replace property sold under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 703(a)703(b)703(c)32:39 (1st sentence).32:39 (proviso of last sentence).32:39a.32:39 (less 1st sentence, and less proviso of last sentence).June 3, 1916, ch. 134, § 86, 39 Stat. 204.June 23, 1910, ch. 370, 36 Stat. 603. In subsection (a), the words “stores * * * materiel” are omitted as covered by the word “supplies”. The words “other supplies issued” are substituted for the words “those issued under the provisions of this title”. The words “at cost plus transportation” are substituted for the words “at the price at which they shall be listed to the Army, with cost of transportation added”. In subsection (b), 32:39a (less last 23 words) is omitted as obsolete and superseded by 32:39 (proviso of last sentence). The Act of June 23, 1910, ch. 370 (less proviso), not contained in 32:39a, is omitted from the revised section as executed. The words “bought under subsection (a)” are substituted for the words “so purchased”. The words “for military use” are substituted for the words “for use in the military service thereof”. The words “and when so requisitioned by the United States and delivered” and “ultimate” are omitted as surplusage. In subsection (c), the words “Proceeds of sales by the Department of the Army and the Department of the Air Force under this section” are substituted for the words “The funds received from such sale”. The words “from which the property was purchased” are substituted for the words “to which they shall belong”. The words “may be used to replace property sold under this section” are substituted for the words “shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized”.
Editorial Notes
Amendments2006—Subsecs. (a), (b). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”. 1988—Subsecs. (a), (b). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 704 - Accountability: relief from upon order to active duty
## Text
Upon ordering any part of the Army National Guard of the United States or the Air National Guard of the United States to active duty, the President may, upon such terms as he may prescribe, relieve the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70450:1121.July 9, 1952, ch. 608, § 711, 66 Stat. 504. The words “to active duty” are substituted for the words “into the active military service of the United States”. The word “conditions” is omitted as covered by the word “terms”. The word “previously” is substituted for the word “theretofore”. The word “liability” is omitted as covered by the word “accountability”. The words “that part” are substituted for the words “such portion of the National Guard of the United States or of the Air National Guard of the United States”.
Editorial Notes
Amendments2006—Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”. 1988—Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 705 - Purchase of uniforms and equipment by officers of National Guard from Army or Air Force
## Text
Officers of the Army National Guard not in Federal service may buy articles of individual clothing and equipment from the Department of the Army, under such regulations as the Secretary of the Army may prescribe. On the same basis, officers of the Air National Guard not in Federal service may buy those items from the Department of the Air Force. Purchases under this section shall be for cash, at average current costs, including overhead, as determined by the Secretary concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70532:156.June 3, 1916, ch. 134, § 109; restated June 4, 1920, ch. 227, subch. 1, § 47; restated June 3, 1924, ch. 244, § 3; restated Oct. 14, 1940, ch. 875, § 3, 54 Stat. 1136; Mar. 25, 1948, ch. 157, § 5(b), 62 Stat. 91; Oct. 12, 1949, ch. 681, § 501(f)(2) and (3) (as applicable to § 109 of the Act of June 3, 1916, ch. 134), 63 Stat. 827; July 9, 1952, ch. 608, § 803 (12th par.), 66 Stat. 505. The reference to 10:1106 is omitted, since that section related only to sales of uniforms and equipment to cadets at the United States Military Academy. The reference to 10:904 is omitted as covered by the language of the revised section. The words “at average current costs, including overhead, as determined by the Secretary concerned” are inserted to reflect sections 4621 and 9621 of title 10, which apply to all sales of individual clothing and equipment. The words “articles of individual clothing and equipment” are substituted for the words “uniforms, accouterments, and equipment”. The words “active and inactive”, “on proper identification”, and “rules and” are omitted as surplusage.
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# 32 U.S.C. § 706 - Return of arms and equipment upon relief from Federal service
## Text
So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325(b) 11 See References in Text note below. of this title, arms and equipment that the Secretary concerned determines are sufficient to accomplish their peacetime mission shall be returned with them.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70650:1122(b) (last 17 words.)July 9, 1952, ch. 608, § 712(b) (last 17 words), 66 Stat. 504. The words “So far as practicable” are inserted, since sufficient arms and equipment might not be available.
Editorial Notes
References in TextSection 325(b) of this title, referred to in text, was redesignated section 325(c) of this title by Pub. L. 110417, [div. A], title V, § 517(b)(1), Oct. 14, 2008, 122 Stat. 4442.
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# 32 U.S.C. § 707 - Use of public buildings for offices by instructors
## Text
Whenever practicable, instructors of the National Guard shall use State armories or other public buildings for offices.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70732:74.May 12, 1917, ch. 12 (10th proviso under “National Guard”), 40 Stat. 68. The word “instructors” is substituted for the words “inspector-instructors”, since there are no longer any “inspector-instructors”.
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# 32 U.S.C. § 708 - Property and fiscal officers
## Text
(a) The Governor of each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and the commanding general of the National Guard of the District of Columbia, shall, in consultation with the Chief of the National Guard Bureau, appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the National Guard of that jurisdiction who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the property and fiscal officer of that jurisdiction. If the officer is not on active duty, the President may order him to active duty, with his consent, to serve as a property and fiscal officer.
(b) Each property and fiscal officer shall—
(1) receipt and account for all funds and property of the United States in the possession of the National Guard for which he is property and fiscal officer; and
(2) make returns and reports concerning those funds and that property, as required by the Secretary concerned.
(c) When he ceases to hold that assignment, a property and fiscal officer resumes his status as an officer of the National Guard.
(d) The Secretaries shall prescribe a maximum grade, commensurate with the functions and responsibilities of the office, but not above colonel, for the property and fiscal officer of the United States for the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(e) The Secretary of the Army and the Secretary of the Air Force shall prescribe joint regulations necessary to carry out subsections (a)(d).
(f) A property and fiscal officer may intrust money to an officer of the National Guard to make disbursements as his agent. Both the officer to whom money is intrusted, and the property and disbursing officer intrusting the money to him, are pecuniarily responsible for that money to the United States. The agent officer is subject, for misconduct as an agent, to the liabilities and penalties prescribed by law in like cases for the property and fiscal officer for whom he is acting.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614; Pub. L. 92310, title II, § 207, June 6, 1972, 86 Stat. 203; Pub. L. 9579, title VIII, § 804(b), July 30, 1977, 91 Stat. 333; Pub. L. 96513, title V, § 515(4), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101189, div. A, title VI, § 653(g), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 109163, div. A, title X, § 1057(b)(2), (4), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 11692, div. A, title V, § 518, Dec. 20, 2019, 133 Stat. 1350.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 708(a)708(b)708(c)708(d)708(e)32:49 (last sentence; and 2d sentence, less last 24 words).32:49 (3d and 4th sentences).32:49 (last 24 words of 2d sentence).32:49 (5th and 6th sentences).32:49 (last sentence, less 1st 18 words).June 3, 1916, ch. 134, § 67 (last par.), 39 Stat. 200; July 9, 1918, ch. 143, subch. III (last par.); restated July 6, 1954, ch. 462, 58 Stat. 451.June 3, 1924, ch. 244, § 5, 43 Stat. 365; July 6, 1954, ch. 462, 68 Stat. 451. 708(f)32:49 (1st 18 words of last sentence). 708(g)32:50. In subsection (b)(1), the words “the duties of that assignment” are substituted for the words “his duties as property and fiscal officer”. The words “be required to” are omitted as surplusage. In subsection (b)(2), the words “of the National Guard for which he is property and fiscal officer” are substituted for the words “of the National Guard or Air National Guard of the State, Territory, or District of Columbia”. In subsection (c), 32:49 (5th sentence) is omitted, since the officer concerned would be entitled, under section 201 of the Career Compensation Act of 1949 (37 U.S.C. 232), to the pay and allowances of the grade in which he is serving. In subsection (e), the words “The Secretaries shall prescribe” are substituted for the words “which rules and regulations shall establish”. The word “duties” is omitted as surplusage. In subsection (f), the words “rules and” and “the provisions of” are omitted as surplusage. In subsection (g), the words “Under such regulations as may be prescribed by the Secretary of the Army” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words “an officer” are substituted for the words “other officers”, since, under revised subsection (a), the property and fiscal officer is not required to be an officer of the National Guard. The words “accountable for public moneys” and “as agent” are omitted as surplusage.
Editorial Notes
Amendments2019—Subsec. (a). Pub. L. 11692 inserted “, in consultation with the Chief of the National Guard Bureau,” after “shall”. 2006—Subsec. (a). Pub. L. 109163, § 1057(b)(4), substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory and Puerto Rico”. Subsec. (d). Pub. L. 109163, § 1057(b)(2), substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State or Territory, Puerto Rico, and the District of Columbia”. 1989—Subsec. (a). Pub. L. 101189 substituted “The Governor of each State or Territory and Puerto Rico” for “The governor of each State and Territory, Puerto Rico, and the Canal Zone”. 1988—Subsec. (d). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1980—Subsec. (b). Pub. L. 96513 redesignated pars. (2) and (3) as (1) and (2), respectively. 1977—Subsec. (d). Pub. L. 9579, § 804(b)(1), (2), redesignated subsec. (e) as (d). Former subsec. (d), which authorized inspections at least once a year by Inspectors General of the departments concerned, was struck out. Subsec. (e). Pub. L. 9579, § 804(b)(2), (3), redesignated subsec. (f) as (e) and substituted “(d)” for “(e)”. Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 9579, § 804(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively. 1972—Subsec. (b)(1). Pub. L. 92310 repealed provisions which related to the bond required of property and fiscal officers.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
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# 32 U.S.C. § 710 - Accountability for property issued to the National Guard
## Text
(a) All military property issued by the United States to the National Guard remains the property of the United States.
(b) The Secretary of the Army shall prescribe regulations for accounting for property issued by the United States to the Army National Guard and for the fixing of responsibility for that property. The Secretary of the Air Force shall prescribe regulations for accounting for property issued by the United States to the Air National Guard and for the fixing of responsibility for that property. So far as practicable, regulations prescribed under this section shall be uniform among the components of each service.
(c) Under regulations prescribed by the Secretary concerned under subsection (b), liability for the value of property issued by the United States to the National Guard that is lost, damaged, or destroyed may be charged (1) to a member of the Army National Guard or the Air National Guard when in similar circumstances a member of the Army or Air Force serving on active duty would be so charged, or (2) to a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands when the property is lost, damaged, or destroyed incident to duty directed pursuant to the laws of, and in support of the authorities of, such jurisdiction. Liability charged to a member of the Army National Guard or the Air National Guard shall be paid out of pay due to the member for duties performed as a member of the National Guard, unless the Secretary concerned shall for good cause remit or cancel that liability. Liability charged to a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands shall be paid from its funds or from any other non-Federal funds.
(d) If property surveyed under this section is found to be unserviceable or unsuitable, the Secretary concerned or his designated representative shall direct its disposition by sale or otherwise. The proceeds of the following under this subsection shall be deposited in the Treasury under section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934:
(1) A sale.
(2) A stoppage against a member of the National Guard.
(3) A collection from a person, or from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, to reimburse the United States for the loss or destruction of, or damage to, the property.
(e) If a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, neglects or refuses to pay for the loss or destruction of, or damage to, property charged against it under subsection (c), the Secretary concerned may bar it from receiving any part of appropriations for the Army National Guard or the Air National Guard, as the case may be, until the payment is made.
(f) (1) Instead of the procedure prescribed by subsections (b), (c), and (d), property issued to the National Guard that becomes unserviceable through fair wear and tear in service may, under regulations to be prescribed by the Secretary concerned, be sold or otherwise disposed of after an inspection, and a finding of unserviceability because of that wear and tear, by a commissioned officer designated by the Secretary. The State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, is relieved of accountability for that property.
(2) In designating an officer to conduct inspections and make findings for purposes of paragraph (1), the Secretary concerned shall designate—
(A) in the case of the Army National Guard, a commissioned officer of the Regular Army or a commissioned officer of the Army National Guard who is also a commissioned officer of the Army National Guard of the United States; and
(B) in the case of the Air National Guard, a commissioned officer of the Regular Air Force or a commissioned officer of the Air National Guard who is also a commissioned officer of the Air National Guard of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 615; Pub. L. 85861, § 33(c)(3), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 96328, § 1(a), (b)(1), Aug. 8, 1980, 94 Stat. 1027; Pub. L. 96513, title V, § 515(8), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 97258, § 3(h)(2), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 103160, div. A, title V, § 524(e), Nov. 30, 1993, 107 Stat. 1657; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 710(a)710(b)710(c)710(d)710(e)710(f)32:47 (1st sentence).32:47 (2d sentence).32:47 (3d sentence).32:154 (last proviso of 2d par.).32:47 (last sentence, less proviso).32:47 (1st proviso of last sentence).32:47 (last proviso of last sentence).June 3, 1916, ch. 134, § 87; June 3, 1924, ch. 244, § 1; restated Feb. 28, 1925, ch. 371, § 4; restated Aug. 27, 1954, ch. 1014, 68 Stat. 880.June 3, 1916, ch. 134, § 110 (last proviso of 2d par.); restated Sept. 22, 1922, ch. 423, § 6 (last proviso of 2d par.); restated Apr. 6, 1928, ch. 322 (last proviso), 45 Stat. 408. In subsection (a), the words “as herein provided” are omitted as surplusage. In subsections (b) and (f), the word “commissioned” is inserted, since 32:47 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (b), the words “by use in service or from any other cause” and “surveying” are omitted as surplusage. The words “a survey of the circumstances thereof” are substituted for the word “it”. In subsection (c), the first 12 words of the second sentence are substituted for 32:47 (38th through 77th words of 2d sentence). Clause (2) is substituted for 32:154 (last proviso of 2d par.). In subsection (d), the last sentence is substituted for 32:47 (words between semicolon and 1st colon of last sentence). In subsection (e), the words “charged against it under subsection (c)” are substituted for the words “changed against such State, Territory, or the District of Columbia by the Secretary of the Army after survey by a disinterested officer appointed as hereinbefore provided”. The words “may bar it from receiving” are substituted for the words “is authorized to debar such State, Territory, or the District of Columbia from further participation in any and all”. In subsection (f), the words “Instead of the procedure prescribed by subsections (b)(d)” are substituted for the words “and to constitute as to such property a discretional substitute for the examination, report, and disposition provided for elsewhere in this section”. The words “a finding of unserviceability because of that wear and tear” are substituted for the words “finding to that effect”.
1958 ActThis change corrects a typographical error.
Editorial Notes
References in TextSection 4(b)(22) of the Permanent Appropriation Repeal Act, 1934, referred to in subsec. (d), is section 4(b)(22) of act June 26, 1934, ch. 756, 48 Stat. 1228, which was classified to section 725c(b)(22) of former Title 31, and was omitted from the Code in the general revision and reenactment of Title 31, Money and Finance, by Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.
Amendments2006—Subsecs. (c), (d)(3), (e), (f)(1). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia” wherever appearing. 1993—Subsec. (f). Pub. L. 103160 designated existing provisions as par. (1), substituted “subsections (b), (c), and (d)” for “subsections (b)(d)”, struck out “of the Regular Army or the Regular Air Force, as the case may be,” after “commissioned officer”, and added par. (2). 1988—Subsecs. (c), (d)(3), (e), (f). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1982—Subsec. (d). Pub. L. 97258 struck out “(31 U.S.C. 725c(b)(22))” after “1934”. 1980—Pub. L. 96328, § 1(b)(1), substituted “Accountability for property issued to the National Guard” for “Reports of survey” in section catchline. Subsec. (b). Pub. L. 96328, § 1(a), substituted provisions authorizing the Secretary of the Army, regarding the Army National Guard, and the Secretary of the Air Force, regarding the Air National Guard, to prescribe regulations for accounting for property issued by the United States to each service and for fixing responsibility for that property and requiring, as far as practicable, that the regulations prescribed be uniform among the components of each service for provisions authorizing, that if property issued to the National Guard is lost, damaged, or destroyed, or becomes unserviceable or unsuitable, a survey of the circumstances involved be conducted by a disinterested commissioned officer of the Regular Army, Army National Guard, Regular Air Force, or Air National Guard, as the case may be, and a report of the survey sent to the Secretary concerned or an officer designated by that Secretary to receive those reports. Subsec. (c). Pub. L. 96328, § 1(a), substituted provisions authorizing the Secretary concerned to charge liability for property lost, damaged, or destroyed to a member of the Army National Guard or Air National Guard when in similar circumstances a member of the Army or Air Force serving on active duty would be charged, to remit or cancel the liability of a member for good cause, and to charge a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia when such loss is incident to duty directed pursuant to the laws of, and in support of the authorities of, such jurisdiction for provisions authorizing the Secretary concerned to relieve a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia of liability for loss, damage, or destruction of property unless such loss occurred through negligence. Subsec. (d). Pub. L. 96513 substituted “4(b)(22) of the Permanent Appropriation Repeal Act, 1934 (31 U.S.C. 725c(b)(22))” for “725c(b)(22) of title 31”. 1958—Subsec. (c). Pub. L. 85861 substituted “of further” for “or further”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentsAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces. Pub. L. 96328, § 2, Aug. 8, 1980, 94 Stat. 1028, provided that: “The amendment made by subsection (a) of the first section of this Act [amending subsecs. (b) and (c) of this section] shall apply to liability for property issued by the United States to the National Guard that is lost, damaged, or destroyed on or after October 1, 1980. Liability for such property that is lost, damaged, or destroyed before such date shall be governed by the provisions of section 710 of title 32, United States Code, as in effect on the day before the date of the enactment of this Act [Aug. 8, 1980].”
Effective Date of 1958 AmendmentAmendment by Pub. L. 85861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85861, set out as a note under section 101 of Title 10, Armed Forces.
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# 32 U.S.C. § 711 - Disposition of obsolete or condemned property
## Text
Each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands shall, upon receiving new property issued to its National Guard to replace obsolete or condemned issues of property, return the replaced property to the Department of the Army or the Department of the Air Force, as the case may be, or otherwise dispose of it, as the Secretary concerned directs. No money credit may be allowed for property disposed of under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 616; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 71132:46.June 3, 1916, ch. 134, § 85, 39 Stat. 204. The words “to its National Guard” are inserted for clarity. The word “it” is substituted for the words “all property so replaced or condemned”. The last sentence is substituted for 32:46 (last 8 words).
Editorial Notes
Amendments2006—Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”. 1988—Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 712 - Disposition of proceeds of condemned stores issued to National Guard
## Text
The following shall be covered into the Treasury:
(1) The proceeds from sales of condemned stores issued to the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, and not charged against its allotment.
(2) The net proceeds from collections made from any person to reimburse the United States for the loss or destruction of, or damage to, property described in clause (1).
(3) Stoppage against members of the National Guard for the loss or destruction of, or damage to, property described in clause (1).
(Aug. 10, 1956, ch. 1041, 70A Stat. 616; Pub. L. 100456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 71232:45.June 3, 1916, ch. 134, § 88, 39 Stat. 205; Oct. 31, 1951, ch. 654, § 3(5), 65 Stat. 708. The introductory clause is substituted for the words “shall be covered into the Treasury of the United States” and “as shall also”. The words “United States” are substituted for the word “Government”. The words “members of the National Guard” are substituted for the words “officers and enlisted men”.
Editorial Notes
Amendments2006—Par. (1). Pub. L. 109163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”. 1988—Par. (1). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”.
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# 32 U.S.C. § 713 - Official mail: free transmission
## Text
Units and headquarters of the National Guard, whether or not in Federal service, have the same privilege of free mailing of official matter as the Department of Defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 617.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 71332:196.Aug. 1, 1953, ch. 305, § 643, 67 Stat. 357. The word “Hereafter” is omitted as executed. The words “and the Air National Guard” are omitted, since “National Guard”, as defined in section 101(2) of this title, includes the Army National Guard and the Air National Guard. The words “Federal service” are substituted for the words “active service of the United States”. The words “mailing of official matter” are substituted for the words “transmission of official mail matter”.
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# 32 U.S.C. § 714 - Final settlement of accounts: deceased members
## Text
(a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death:
(1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased members death, at the place named in regulations to be prescribed by the Secretary concerned.
(2) Surviving spouse.
(3) Children and their descendants, by representation.
(4) Father and mother in equal parts or, if either is dead, the survivor.
(5) Legal representative.
(6) Person entitled under the law of the domicile of the deceased member.
(b) Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform with those prescribed for the armed forces under section 2771(b) of title 10.
(c) Under such regulations as the Secretary concerned may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be.
(d) A payment under this section bars recovery by any other person of the amount paid.
(Added Pub. L. 85861, § 2(12), Sept. 2, 1958, 72 Stat. 1546; amended Pub. L. 8746, June 16, 1961, 75 Stat. 92; Pub. L. 104316, title II, § 202(q), Oct. 19, 1996, 110 Stat. 3844.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 714(a)714(b)714(c)37:361.37:362.37:365.37:364 (less proviso).37:363 (less last sentence).July 12, 1955, ch. 328, §§ 13, 4 (less proviso), 5 (1st sentence), 69 Stat. 295, 296. 714(d)37:363 (last sentence). In subsection (a), the definition of the term “Department”, in 37:361, is omitted as unnecessary, since the particular departments referred to are spelled out in the revised text. The definition of the term “uniformed services”, in 37:361, is omitted as covered by the word “member” in this revised section. Clauses (1)(6) are substituted for the last 5 clauses of 37:362. The words “regulations to be prescribed by the Secretary concerned” are substituted for the words “regulations of the Department concerned”, since the “Department”, as such, cannot issue regulations. In subsection (a)(2), the words “Surviving spouse” are substituted for the words “widow or widower”. As defined in section 101(18) of this title, “spouse” includes a widower. In subsection (b), the words “are subject to” are substituted for the words “shall be made under”. In subsection (c), the word “Under” is substituted for the words “Subject to”. The words “rules and” are omitted as surplusage.
Editorial Notes
Amendments1996—Subsec. (c). Pub. L. 104316, in first sentence, substituted “Secretary concerned” for “Comptroller General” and struck out at end “Payment under clause (6) of subsection (a) shall be made— “(1) upon settlement by the General Accounting Office; or “(2) as otherwise authorized by the Comptroller General.” 1961—Subsec. (c). Pub. L. 8746 substituted “Payment under clause (6) of subsection (a) shall be made— “(1) upon settlement by the General Accounting Office; or “(2) as otherwise authorized by the Comptroller General.” for “Payments under clauses (2)(6) of subsection (a) may be paid only after settlement by the General Accounting Office.”
Statutory Notes and Related Subsidiaries
Designation of Beneficiary Made Before January 1, 1956Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of this section, see note set out under section 2771 of Title 10, Armed Forces.
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# 32 U.S.C. § 715 - Property loss; personal injury or death: activities under certain sections of this title
## Text
(a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for—
(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
(b) A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by section 2734 of title 10 or section 2672 of title 28;
(3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service;
(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee, or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and
(5) it is substantiated as prescribed in regulations of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico.
(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31.
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
(f) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose.
(g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive.
(h) In this section, “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance.
(Added Pub. L. 86740, § 1(1), Sept. 13, 1960, 74 Stat. 878; amended Pub. L. 87649, § 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90525, § 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91312, § 3, July 8, 1970, 84 Stat. 412; Pub. L. 92445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93336, § 3, July 8, 1974, 88 Stat. 292; Pub. L. 98564, § 4, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 104316, title II, § 202(r), Oct. 19, 1996, 110 Stat. 3844.)
## Notes
Editorial Notes
Amendments1996—Subsec. (d). Pub. L. 104316 substituted “Secretary of the Treasury” for “Comptroller General”. 1984—Subsec. (a). Pub. L. 98564, § 4(1), substituted “$100,000” for “$25,000”. Subsec. (d). Pub. L. 98564, § 4(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “If the Secretary of the military department concerned considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $25,000 and report the excess to Congress for its consideration”. Subsec. (f). Pub. L. 98564, § 4(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “In any case where the amount to be paid is not more than $5,000, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733(g) of title 10, to settle similar claims, subject to appeal to the Secretary concerned, or his designee for that purpose”. 1974—Subsecs. (a), (d). Pub. L. 93336, § 3(1), (2), substituted “$25,000” for “$15,000”. Subsec. (f). Pub. L. 93336, § 3(3), substituted “$5,000” for “$2,500”. 1972—Subsec. (b)(4). Pub. L. 92445 inserted provision that claim may be allowed to extent that law of place where act or omission complained of occurred would permit recovery from a private individual under similar circumstances, when damage to or loss of property, or personal injury or death was caused wholly or partly by a negligent or wrongful act of claimant, his agent, or his employee. 1970—Subsecs. (a), (d). Pub. L. 91312 substituted “$15,000” for “$5,000”. 1968—Subsec. (a). Pub. L. 90486 struck out “caused by a person employed under section 709 of this title acting within the scope of his employment;” after “acting within the scope of his employment;”. Subsec. (f). Pub. L. 90525 increased limitation on amount of settlement from $1,000 to $2,500 and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of the Army or the Air Force. 1962—Subsec. (a)(3). Pub. L. 87649 substituted “section 206 of title 37” for “section 301 of title 37”.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90486, set out as a note under section 709 of this title.
Effective Date of 1962 AmendmentAmendment by Pub. L. 87649 effective Nov. 1, 1962, see section 15 of Pub. L. 87649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Savings Provision for Claims Arising Before January 1, 1969Settlement and payment of claims arising under this section before January 1, 1969, see section 3(a) of Pub. L. 90486, set out as a note under section 709 of this title.
@@ -0,0 +1,73 @@
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# 32 U.S.C. § 716 - Claims for overpayment of pay and allowances, and travel and transportation allowances
## Text
(a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by—
(1) the Director of the Office of Management and Budget; or
(2) the Secretary concerned, as defined in section 101(5) of title 37, when—
(A) the claim is in an amount aggregating not more than $10,000; and
(B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe.
(b) The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim—
(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or
(2) if application for waiver is received in his office after the expiration of five years immediately following the date on which the erroneous payment was discovered.
(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.
(d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.
(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes.
(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
(Added Pub. L. 92453, § 2(1), Oct. 2, 1972, 86 Stat. 759; amended Pub. L. 96513, title V, § 515(9), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 99224, § 3(a), Dec. 28, 1985, 99 Stat. 1742; Pub. L. 102190, div. A, title VI, § 657(c), Dec. 5, 1991, 105 Stat. 1393; Pub. L. 104316, title I, § 116, Oct. 19, 1996, 110 Stat. 3835; Pub. L. 109364, div. A, title VI, § 671(b), Oct. 17, 2006, 120 Stat. 2270.)
## Notes
Editorial Notes
Amendments2006—Subsec. (a)(2)(A). Pub. L. 109364, § 671(b)(1), substituted “$10,000” for “$1,500”. Subsec. (b)(2). Pub. L. 109364, § 671(b)(2), substituted “five” for “three”. 1996—Subsec. (a)(1). Pub. L. 104316, § 116(1)(A), substituted “Director of the Office of Management and Budget” for “Comptroller General”. Subsec. (a)(2). Pub. L. 104316, § 116(1)(B), inserted “and” at end of subpar. (A), redesignated subpar. (C) as (B) and substituted “Director of the Office of Management and Budget” for “Comptroller General”, and struck out former subpar. (B) which read as follows: “the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and”. Subsec. (b). Pub. L. 104316, § 116(2), substituted “The Director of the Office of Management and Budget” for “Comptroller General” in introductory provisions. 1991—Subsec. (a)(2)(A). Pub. L. 102190 substituted “$1,500” for “$500”. 1985—Pub. L. 99224, § 3(a)(1), substituted “and travel” for “other than travel” in section catchline. Subsec. (a). Pub. L. 99224, § 3(a)(2), substituted “made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances” for “, other than travel and transportation allowances, made before or after October 2, 1972”. Subsec. (b)(2). Pub. L. 99224, § 3(a)(3), struck out “of pay or allowances, other than travel and transportation allowances,” before “was discovered”. 1980—Subsec. (a). Pub. L. 96513 substituted “October 2, 1972” for “the effective date of this section”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109364 effective Mar. 1, 2007, see section 671(c) of Pub. L. 109364, set out as a note under section 2774 of Title 10, Armed Forces.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104316 effective 60 days after Oct. 19, 1996, see section 101(e) of Pub. L. 104316, set out as a note under section 4593 of Title 2, The Congress.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99224 applicable to any claim arising out of an erroneous payment of travel and transportation allowances made on or after Dec. 28, 1985, see section 4 of Pub. L. 99224, set out as a note under section 5584 of Title 5, Government Organization and Employees.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
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# 32 U.S.C. § 717 - Repealed. Pub. L. 109163, div. A, title V, § 589(b)(2), Jan. 6, 2006, 119 Stat. 3279]
## Notes
Section, added Pub. L. 108375, div. A, title V, § 520(b)(1), Oct. 28, 2004, 118 Stat. 1886, related to presentation of recognition items for retention purposes.
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# 32 U.S.C. § 902 - Homeland defense activities: funds
## Text
The Secretary of Defense may provide funds to a Governor to employ National Guard units or members to conduct homeland defense activities that the Secretary determines to be necessary and appropriate for participation by the National Guard units or members, as the case may be.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878; amended Pub. L. 109364, div. A, title X, § 1071(b)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 115232, div. A, title X, § 1081(b), Aug. 13, 2018, 132 Stat. 1985.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115232 substituted “the Secretary determines” for “the Secretary, determines”. 2006—Pub. L. 109364 struck out “(a)” before “The Secretary”.
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# 32 U.S.C. § 903 - Regulations
## Text
The Secretary of Defense shall prescribe regulations to implement this chapter.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878.)
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# 32 U.S.C. § 904 - Homeland defense duty
## Text
(a) Full-Time National Guard Duty.— All duty performed under this chapter shall be considered to be full-time National Guard duty under section 502(f) of this title. Members of the National Guard performing full-time National Guard duty in the Active Guard and Reserve Program may support or execute homeland defense activities performed by the National Guard under this chapter.
(b) Duration.— The period for which a member of the National Guard performs duty under this chapter shall be limited to 180 days. The Governor of the State may, with the concurrence of the Secretary of Defense, extend the period one time for an additional 90 days to meet extraordinary circumstances.
(c) Relationship to Required Training.— A member of the National Guard performing duty under this chapter shall, in addition to performing such duty, participate in the training required under section 502(a) of this title. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing the duty under this chapter. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title.
(d) Readiness.— To ensure that the use of units and personnel of the National Guard of a State for homeland defense activities does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the homeland defense activities that units and personnel of the National Guard of a State may perform:
(1) The performance of the activities is not to affect adversely the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit.
(2) The performance of the activities is not to degrade the military skills of the members of the National Guard performing those activities.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878.)
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# 32 U.S.C. § 905 - Funding assistance
## Text
In the case of any homeland defense activity for which the Secretary of Defense determines under section 902 of this title that participation of units or members of the National Guard of a State is necessary and appropriate, the Secretary may provide funds to that State in an amount that the Secretary determines is appropriate for the following costs of the participation in that activity from funds available to the Department for related purposes:
(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State.
(2) The operation and maintenance of the equipment and facilities of the National Guard of that State.
(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1879.)
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# 32 U.S.C. § 906 - Requests for funding assistance
## Text
A Governor of a State may request funding assistance for the homeland defense activities of the National Guard of that State from the Secretary of Defense. Any such request shall include the following:
(1) The specific intended homeland defense activities of the National Guard of that State.
(2) An explanation of why participation of National Guard units or members, as the case may be, in the homeland defense activities is necessary and appropriate.
(3) A certification that homeland defense activities are to be conducted at a time when the personnel involved are not in Federal service.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1879.)
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# 32 U.S.C. § 907 - Relationship to State duty
## Text
Nothing in this chapter 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 functions authorized to be performed by the National Guard by the laws of the State concerned.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1879.)
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text_hash: "23f27eac9326b5cdc8eec505e96de77aa3f9de003b04c7fc2c72333af318d79f"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 32 U.S.C. § 908 - Annual report
## Text
(a) Requirement for Report.— After the end of any fiscal year during which any assistance was provided or activities were carried out under this chapter, the Secretary of Defense shall submit to the congressional defense committees a report regarding any assistance provided and activities carried out under this chapter during that fiscal year. The report for a fiscal year shall be submitted not later than March 31 of the year following the year in which such fiscal year ended.
(b) Content.— The report for a fiscal year shall include the following matters:
(1) The numbers of members of the National Guard excluded under subsection (i)(13) of section 115 of title 10 from being counted for the purpose of end-strengths authorized pursuant to subsection (a)(1) of such section.
(2) A description of the homeland defense activities conducted with funds provided under this chapter.
(3) An accounting of the amount of the funds provided to each State.
(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform homeland defense activities under this chapter.
(5) A description of the effect of any equipment shortfall on the ability of the National Guard of a State to perform a homeland defense activity.
(Added Pub. L. 108375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1879; amended Pub. L. 109364, div. A, title X, § 1071(b)(2), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 11281, div. A, title X, § 1065(a), Dec. 31, 2011, 125 Stat. 1588; Pub. L. 11960, div. A, title V, § 513, Dec. 18, 2025, 139 Stat. 862.)
## Notes
Editorial Notes
Amendments2025—Subsec. (b)(5). Pub. L. 11960 added par. (5). 2011—Subsec. (a). Pub. L. 11281 substituted “After the end of any fiscal year during which any assistance was provided or activities were carried out under this chapter,” for “After the end of each fiscal year,”. 2006—Subsec. (b)(1). Pub. L. 109364 substituted “(i)(13)” for “(i)”.