32 U.S.C. § 509 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 509: National Guard Youth Challenge Program of opportunities for civilian youth
National Guard Youth Challenge Program of opportunities for civilian youth
Status: in_force

(a) Program Authority and Purpose.—The Secretary of Defense may use the National Guard to conduct a civilian youth opportunities program, to be known as the "National Guard Youth Challenge Program", which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The Program shall seek to improve life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills, and improving physical fitness and health and hygiene.

(b) Conduct of the Program.—(1) The Secretary of Defense shall provide for the conduct of the Program in such States as the Secretary considers to be appropriate.

(2) The Secretary shall carry out the Program using—

(A) funds appropriated directly to the Secretary of Defense for the Program, except that the amount of funds appropriated directly to the Secretary and expended for the Program in fiscal year 2001 or 2002 may not exceed $62,500,000; and

(B) nondefense funds made available or transferred to the Secretary of Defense by other Federal agencies to support the Program.

(3) Federal funds made available or transferred to the Secretary of Defense under paragraph (2)(B) by other Federal agencies to support the Program may be expended for the Program in excess of the fiscal year limitation specified in paragraph (2)(A).

(4) The Secretary of Defense shall remain the executive agent to carry out the Program regardless of the source of funds for the Program or any transfer of jurisdiction over the Program within the executive branch. As provided in subsection (a), the Secretary may use the National Guard to conduct the Program.

(c) Program Agreements.—(1) To carry out the Program in a State, the Secretary of Defense shall enter into an agreement with the Governor of the State or, in the case of the District of Columbia, with the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general will establish, organize, and administer the Program in the State.

(2) The agreement may provide for the Secretary to provide funds to the State for civilian personnel costs attributable to the use of civilian employees of the National Guard in the conduct of the Program.

(d) Matching Funds Required.—(1) The amount of assistance provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section may not exceed 75 percent of the costs of operating the State program during that fiscal year.

(2) The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense.

(e) Persons Eligible To Participate in Program.—A school dropout from secondary school shall be eligible to participate in the Program. The Secretary of Defense shall prescribe the standards and procedures for selecting participants from among school dropouts.

(f) Authorized Benefits for Participants.—(1) To the extent provided in an agreement entered into in accordance with subsection (c) and subject to the approval of the Secretary of Defense, a person selected for training in the Program may receive the following benefits in connection with that training:

(A) Allowances for travel expenses, personal expenses, and other expenses.

(B) Quarters.

(C) Subsistence.

(D) Transportation.

(E) Equipment.

(F) Clothing.

(G) Recreational services and supplies.

(H) Other services.

(I) Subject to paragraph (2), a temporary stipend upon the successful completion of the training, as characterized in accordance with procedures provided in the agreement.

(2) In the case of a person selected for training in the Program who afterwards becomes a member of the Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the person may not receive a temporary stipend under paragraph (1)(I) while the person is a member of that Corps. The person may receive the temporary stipend after completing service in the Corps unless the person elects to receive benefits provided under subsection (f) or (g) of section 158 of such Act (42 U.S.C. 12618).

(g) Program Personnel.—(1) Personnel of the National Guard of a State in which the Program is conducted may serve on full-time National Guard duty for the purpose of providing command, administrative, training, or supporting services for the Program. For the performance of those services, any such personnel may be ordered to duty under section 502(f) of this title for not longer than the period of the Program.

(2) A Governor participating in the Program and the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the Program) may procure by contract the temporary full time services of such civilian personnel as may be necessary to augment National Guard personnel in carrying out the Program in that State.

(3) Civilian employees of the National Guard performing services for the Program and contractor personnel performing such services may be required, when appropriate to achieve the purposes of the Program, to be members of the National Guard and to wear the military uniform.

(h) Equipment and Facilities.—(1) Equipment and facilities of the National Guard, including military property of the United States issued to the National Guard, may be used in carrying out the Program.

(2) Equipment and facilities of the Department of Defense may be used by the National Guard for purposes of carrying out the Program.

(3) Activities under the Program shall be considered noncombat activities of the National Guard for purposes of section 710 of this title.

(i) Status of Participants.—(1) A person receiving training under the Program shall be considered an employee of the United States for the purposes of the following provisions of law:

(A) Subchapter I of chapter 81 of title 5 (relating to compensation of Federal employees for work injuries).

(B) Section 1346(b) and chapter 171 of title 28 and any other provision of law relating to the liability of the United States for tortious conduct of employees of the United States.

(2) In the application of the provisions of law referred to in paragraph (1)(A) to a person referred to in paragraph (1)—

(A) the person shall not be considered to be in the performance of duty while the person is not at the assigned location of training or other activity or duty authorized in accordance with a Program agreement referred to in subsection (c), except when the person is traveling to or from that location or is on pass from that training or other activity or duty;

(B) the person's monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS–2 of the General Schedule under section 5332 of title 5; and

(C) the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the person's participation in the Program is terminated.

(3) A person referred to in paragraph (1) may not be considered an employee of the United States for any purpose other than a purpose set forth in that paragraph.

(j) Supplemental Resources.—To carry out the Program in a State, the Governor of the State or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard may supplement funds made available under the Program out of other resources (including gifts) available to the Governor or the commanding general. The Governor or the commanding general may accept, use, and dispose of gifts or donations of money, other property, or services for the Program.

(k) Report.—Within 90 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress a report on the design, conduct, and effectiveness of the Program during the preceding fiscal year. In preparing the report, the Secretary shall coordinate with the Governor of each State in which the Program is carried out and, if the Program is carried out in the District of Columbia, with the commanding general of the District of Columbia National Guard.

(l) Definitions.—In this section:

(1) The term "State" includes the Commonwealth of Puerto Rico, the territories, and the District of Columbia.

(2) The term "school dropout" means an individual who is no longer attending any school and who has not received a secondary school diploma or a certificate from a program of equivalency for such a diploma.

(3) The term "Program" means the National Guard Youth Challenge Program carried out pursuant to this section.

(m) Regulations.—The Secretary of Defense shall prescribe regulations to carry out the Program. The regulations shall address at a minimum the following:

(1) The terms to be included in the Program agreements required by subsection (c).

(2) The qualifications for persons to participate in the Program, as required by subsection (e).

(3) The benefits authorized for Program participants, as required by subsection (f).

(4) The status of National Guard personnel assigned to duty in support of the Program under subsection (g).

(5) The conditions for the use of National Guard facilities and equipment to carry out the Program, as required by subsection (h).

(6) The status of Program participants, as described in subsection (i).

(7) The procedures to be used by the Secretary when communicating with States about the Program.

(Added Pub. L. 105–85, div. A, title X, §1076(a), Nov. 18, 1997, 111 Stat. 1911; amended Pub. L. 106–65, div. A, title V, §579, Oct. 5, 1999, 113 Stat. 631; Pub. L. 106–246, div. B, title I, §120, July 13, 2000, 114 Stat. 533; Pub. L. 106–398, §1 [[div. A], title V, §577(a)–(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–140; Pub. L. 107–107, div. A, title V, §596(a), Dec. 28, 2001, 115 Stat. 1126; Pub. L. 107–314, div. A, title X, §1062(g)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–375, div. A, title V, §594(a), (b)(1), Oct. 28, 2004, 118 Stat. 1935, 1936; Pub. L. 110–417, [div. A], title V, §594(a), Oct. 14, 2008, 122 Stat. 4475; Pub. L. 111–84, div. A, title V, §593(a), Oct. 28, 2009, 123 Stat. 2337; Pub. L. 115–232, div. A, title V, §519, Aug. 13, 2018, 132 Stat. 1754.)

Editorial Notes

References in Text

The National and Community Service Act of 1990, referred to in subsec. (f)(2), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitle E of title I of the Act is classified generally to division E (§12611 et seq.) of subchapter I of chapter 129 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.

Amendments

2018—Subsec. (h)(2), (3). Pub. L. 115–232 added par. (2) and redesignated former par. (2) as (3).

2009—Subsec. (d)(1). Pub. L. 111–84 substituted "75 percent of the costs" for "60 percent of the costs".

2008—Subsec. (d). Pub. L. 110–417 amended subsec. (d) generally. Prior to amendment, text read as follows: "The amount of assistance provided under this section to a State program of the Program may not exceed—

"(1) for fiscal year 1998, 75 percent of the costs of operating the State program during that year;

"(2) for fiscal year 1999, 70 percent of the costs of operating the State program during that year;

"(3) for fiscal year 2000, 65 percent of the costs of operating the State program during that year; and

"(4) for fiscal year 2001 and each subsequent fiscal year, 60 percent of the costs of operating the State program during that year."

2004—Pub. L. 108–375, §594(b)(1), amended section catchline generally, substituting "National Guard Youth" for "National Guard".

Subsec. (a). Pub. L. 108–375, §594(a)(1), substituted "National Guard Youth Challenge Program" for "National Guard Challenge Program" the first place it appeared and "Program" for "National Guard Challenge Program" the second place it appeared.

Subsec. (b)(1). Pub. L. 108–375, §594(a)(2), substituted "Program" for "National Guard Challenge Program".

Subsec. (b)(2). Pub. L. 108–375, §594(a)(2),(3), substituted "Program" for "National Guard Challenge Program" in introductory provisions and for "program" wherever appearing in subpars. (A) and (B).

Subsec. (b)(3). Pub. L. 108–375, §594(a)(2),(3), substituted "Program" for "National Guard Challenge Program" before "may be expended" and for "program" before "in excess".

Subsec. (b)(4). Pub. L. 108–375, §594(a)(2), (3), substituted "Program" for "National Guard Challenge Program" before "regardless" in first sentence and for "program" before "or any transfer" and "within" in first sentence and before period at end in second sentence.

Subsecs. (c) to (f). Pub. L. 108–375, §594(a)(2), substituted "Program" for "National Guard Challenge Program" wherever appearing in text.

Subsec. (g)(1). Pub. L. 108–375, §594(a)(2), (3), substituted "Program" for "National Guard Challenge Program" before "is conducted" in first sentence and for "program" before period at end of first and second sentences.

Subsec. (g)(2). Pub. L. 108–375, §594(a)(2), (3), substituted "Program" for "National Guard Challenge Program" after "Governor participating in the" and after "in carrying out the" and substituted "Program" for "program" after "National Guard is participating in the".

Subsec. (g)(3). Pub. L. 108–375, §594(a)(2), (3), substituted "Program" for "National Guard Challenge Program" after "performing services for the" and for "program" after "purposes of the".

Subsecs. (h), (i)(1). Pub. L. 108–375, §594(a)(2), substituted "Program" for "National Guard Challenge Program" wherever appearing.

Subsec. (i)(2)(A). Pub. L. 108–375, §594(a)(3), substituted "Program" for "program".

Subsec. (i)(2)(C). Pub. L. 108–375, §594(a)(2), substituted "Program" for "National Guard Challenge Program".

Subsec. (j). Pub. L. 108–375, §594(a)(2), (3), substituted "Program" for "National Guard Challenge Program" after "To carry out the" in first sentence and before period at end of second sentence and substituted "Program" for "program" before "out of other resources" in first sentence.

Subsec. (k). Pub. L. 108–375, §594(a)(2), (3), substituted "Program" for "National Guard Challenge Program" after "effectiveness of the" in first sentence and after "State in which the" in second sentence and substituted "Program" for "program" before "is carried out in the District of Columbia" in second sentence.

Subsec. (l)(3). Pub. L. 108–375, §594(a)(4), added par. (3).

Subsec. (m). Pub. L. 108–375, §594(a)(2), substituted "Program" for "National Guard Challenge Program" in introductory provisions.

Subsec. (m)(1) to (7). Pub. L. 108–375, §594(a)(3), substituted "Program" for "program" wherever appearing.

2002—Subsec. (b). Pub. L. 107–314 amended Pub. L. 106–398, §577(b)(2). See 2000 Amendment note below.

2001—Subsec. (b)(2)(A). Pub. L. 107–107, §596(a)(1), substituted "in fiscal year 2001 or 2002" for "in a fiscal year".

Subsec. (b)(4). Pub. L. 107–107, §596(a)(2), added par. (4).

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title V, §577(a)], struck out ", acting through the Chief of the National Guard Bureau," after "The Secretary of Defense".

Subsec. (b). Pub. L. 106–398, §1 [[div. A], title V, §577(b)(1), (3)], inserted "(1)" before "The Secretary of Defense" and added pars. (2) and (3).

Pub. L. 106–398, §1 [[div. A], title V, §577(b)(2)], as amended by Pub. L. 107–314, struck out ", except that Department of Defense expenditures under the program may not exceed $62,500,000 for any fiscal year" before period at end.

Pub. L. 106–246 substituted "Department of Defense" for "Federal".

Subsec. (m). Pub. L. 106–398, §1 [[div. A], title V, §577(c)], added subsec. (m).

1999—Subsec. (a). Pub. L. 106–65, §579(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Defense, acting through the Chief of the National Guard Bureau, may conduct a National Guard civilian youth opportunities program (to be known as the 'National Guard Challenge Program') to use the National Guard to provide military-based training, including supervised work experience in community service and conservation projects, to civilian youth who cease to attend secondary school before graduating so as to improve the life skills and employment potential of such youth."

Subsec. (b). Pub. L. 106–65, §579(b), substituted "$62,500,000" for "$50,000,000".

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title V, §593(b), Oct. 28, 2009, 123 Stat. 2337, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2009, and shall apply with respect to fiscal years beginning on or after that date."

Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title V, §594(b), Oct. 14, 2008, 122 Stat. 4475, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date."

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title X, §1062(g), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(g)(1) of Pub. L. 107–314 is effective as of Oct. 30, 2000, and as if included in Pub. L. 106–398 as enacted.
32 U.S.C. § 908 (2024) — Title 32: NATIONAL GUARD / Chapter 9: HOMELAND DEFENSE ACTIVITIES / Section 908: Annual report
Annual report
Status: in_force

(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.

(Added Pub. L. 108–375, div. A, title V, §512(a)(1), Oct. 28, 2004, 118 Stat. 1879; amended Pub. L. 109–364, div. A, title X, §1071(b)(2), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 112–81, div. A, title X, §1065(a), Dec. 31, 2011, 125 Stat. 1588.)

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 112–81 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. 109–364 substituted "(i)(13)" for "(i)".
32 U.S.C. § 330 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 330: Repealed. Pub. L. 107-314, div. A, title V, §512(c)(1), Dec. 2, 2002, 116 Stat. 2537
Repealed. Pub. L. 107-314, div. A, title V, §512(c)(1), Dec. 2, 2002, 116 Stat. 2537
Status: repealed

[§§330 to 333. Repealed. Pub. L. 107–314, div. A, title V, §512(c)(1), Dec. 2, 2002, 116 Stat. 2537]

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. 100–456, 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. 100–456, 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

Effective Date of Repeal

Pub. L. 107–314, div. A, title V, §512(c)(2), Dec. 2, 2002, 116 Stat. 2537, provided that: "The provisions of law repealed by paragraph (1) [repealing sections 328 to 333 of this title] shall continue to apply with respect to courts-martial convened in the National Guard not in Federal service before the date of the enactment of this Act [Dec. 2, 2002]."
32 U.S.C. § 314 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 314: Adjutants general
Adjutants general
Status: in_force

(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. 85–894, Sept. 2, 1958, 72 Stat. 1713; Pub. L. 100–456, div. A, title XII, §1234(b)(1), (5), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XIII, §1322(b), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title V, §553, Dec. 5, 1991, 105 Stat. 1371; Pub. L. 109–163, div. A, title X, §1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)

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

Amendments

2006—Subsecs. (a), (d). Pub. L. 109–163 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. 102–190 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. 101–510 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. 100–456, §1234(b)(1), struck out "the Canal Zone," after "Puerto Rico,".

Subsec. (b). Pub. L. 100–456, §1234(b)(5), struck out ", the Canal Zone," after "each Territory" and "or the Canal Zone" after "a Territory".

Subsec. (d). Pub. L. 100–456, §1234(b)(1), struck out "the Canal Zone," after "Puerto Rico,".

1958—Subsec. (b). Pub. L. 85–894 struck out "Puerto Rico" in two places.
32 U.S.C. § 110 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 110: Regulations
Regulations
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

110
32:17.
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.
32 U.S.C. § 324 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 324: Discharge of officers; termination of appointment
Discharge of officers; termination of appointment
Status: in_force

(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 officer's consent, until the date on which the officer becomes 68 years of age.

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, §1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(5), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 110–417, [div. A], title V, §516(b), Oct. 14, 2008, 122 Stat. 4442; Pub. L. 111–383, div. A, title X, §1075(h)(4)(C), Jan. 7, 2011, 124 Stat. 4377.)

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

Amendments

2011—Subsec. (b). Pub. L. 111–383 amended directory language of Pub. L. 109–163, §1057(b)(5). See 2006 Amendment note below.

2008—Subsec. (c). Pub. L. 110–417 added subsec. (c).

2006—Subsec. (b). Pub. L. 109–163, §1057(b)(5), as amended by Pub. L. 111–383, 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. 100–456 struck out ", the Canal Zone," after "Puerto Rico".

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, 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. 109–163 as enacted.
32 U.S.C. § 703 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 703: Purchases of supplies by States from Army or Air Force
Purchases of supplies by States from Army or Air Force
Status: in_force

(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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)

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

Amendments

2006—Subsecs. (a), (b). Pub. L. 109–163 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. 100–456 struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 323 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 323: Withdrawal of Federal recognition
Withdrawal of Federal recognition
Status: in_force

(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. 85–861, §§2(11), 33(c)(2), Sept. 2, 1958, 72 Stat. 1546, 1567; Pub. L. 103–337, div. A, title XVI, §§1630(2), 1676(a)(3), Oct. 5, 1994, 108 Stat. 2964, 3019.)

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

Amendments

1994—Subsec. (c). Pub. L. 103–337, §1676(a)(3), substituted "12105, 12213(a), or 12214(a)" for "3259, 3352(a), 8259, or 8352(a)".

Subsecs. (d), (e). Pub. L. 103–337, §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. 85–861, §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. 85–861, §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. 85–861, §2(11), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by section 1676(a)(3) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1630(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1958 Amendment

Amendment by section 33(c)(2) of Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of Title 10, Armed Forces.

Suspension of Subsection (d) of This Section

For 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.
32 U.S.C. § 115 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 115: Funeral honors duty performed as a Federal function
Funeral honors duty performed as a Federal function
Status: in_force

(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 member's residence.

(d) Regulations.—The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.

(Added Pub. L. 106–65, div. A, title V, §578(g)(2), Oct. 5, 1999, 113 Stat. 627; amended Pub. L. 106–398, §1 [[div. A], title V, §575(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–138; Pub. L. 107–107, div. A, title V, §562(b), Dec. 28, 2001, 115 Stat. 1119; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(e), Dec. 23, 2022, 136 Stat. 2629.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, §626(e)(1), substituted "sections 206 and 435" for "sections 206 and 495".

Subsec. (b)(2)(A). Pub. L. 117–263, §626(e)(2), substituted "section 435" for "section 495".

Subsec. (c). Pub. L. 117–263, §626(e)(3), substituted "section 452" for "chapter 7".

2013—Subsecs. (a), (b)(2)(A). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Subsecs. (a), (b)(2)(A). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "495" for "435".

2001—Subsec. (a). Pub. L. 107–107 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. 106–398 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 Amendment

Pub. L. 112–239, 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. 112–81 as enacted.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–107 applicable to funeral honors duty performed on or after Oct. 30, 2000, see section 562(c) of Pub. L. 107–107, set out as a note under section 12503 of Title 10, Armed Forces.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–398 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. 106–398, set out as a note under section 12503 of Title 10, Armed Forces.
32 U.S.C. § 510 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 510: Authorization for FireGuard Program
Authorization for FireGuard Program
Status: in_force

(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. 118–31, div. A, title V, §515(a), Dec. 22, 2023, 137 Stat. 248; amended Pub. L. 118–159, div. A, title III, §352(a), Dec. 23, 2024, 138 Stat. 1857.)

Editorial Notes

Amendments

2024—Pub. L. 118–159 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
32 U.S.C. § 702 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 702: Issue of supplies
Issue of supplies
Status: in_force

(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. 100–456, div. A, title XII, §1234(b)(1), (4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.)

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

Amendments

2006—Subsec. (a). Pub. L. 109–163 substituted "State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands" for "State or Territory or Puerto Rico".

1988—Subsec. (a). Pub. L. 100–456, §1234(b)(4), substituted "Territory or Puerto Rico" for "Territory, Puerto Rico, or the Canal Zone,".

Subsecs. (b) to (d). Pub. L. 100–456, §1234(b)(1), struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 303 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 303: Active and inactive enlistments and transfers
Active and inactive enlistments and transfers
Status: in_force

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–649, §14e(1), Sept. 7, 1962, 76 Stat. 502; Pub. L. 96–513, title V, §515(2), Dec. 12, 1980, 94 Stat. 2937.)

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

Amendments

1980—Subsecs. (c), (d). Pub. L. 96–513 redesignated subsec. (d) as (c).

1962—Subsec. (c). Pub. L. 87–649 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 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
32 U.S.C. § 903 (2024) — Title 32: NATIONAL GUARD / Chapter 9: HOMELAND DEFENSE ACTIVITIES / Section 903: Regulations
Regulations
Status: in_force

The Secretary of Defense shall prescribe regulations to implement this chapter.

(Added Pub. L. 108–375, div. A, title V, §512(a)(1), Oct. 28, 2004, 118 Stat. 1878.)
32 U.S.C. § 329 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 329: Prohibition on private funding for interstate deployment
Prohibition on private funding for interstate deployment
Status: in_force

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. 117–81, div. A, title V, §512(a), Dec. 27, 2021, 135 Stat. 1682.)

Editorial Notes

Prior Provisions

A 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. 107–314, div. A, title V, §512(c)(1), Dec. 2, 2002, 116 Stat. 2537.
32 U.S.C. § 902 (2024) — Title 32: NATIONAL GUARD / Chapter 9: HOMELAND DEFENSE ACTIVITIES / Section 902: Homeland defense activities: funds
Homeland defense activities: funds
Status: in_force

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. 108–375, div. A, title V, §512(a)(1), Oct. 28, 2004, 118 Stat. 1878; amended Pub. L. 109–364, div. A, title X, §1071(b)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 115–232, div. A, title X, §1081(b), Aug. 13, 2018, 132 Stat. 1985.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 substituted "the Secretary determines" for "the Secretary, determines".

2006—Pub. L. 109–364 struck out "(a)" before "The Secretary".
32 U.S.C. § 105 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 105: Inspection
Inspection
Status: in_force

(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. 95–79, title VIII, §804(a), July 30, 1977, 91 Stat. 333; Pub. L. 102–484, div. A, title XI, §1122, Oct. 23, 1992, 106 Stat. 2540; Pub. L. 116–92, div. A, title V, §517, Dec. 20, 2019, 133 Stat. 1349; Pub. L. 117–263, div. A, title V, §514(a), Dec. 23, 2022, 136 Stat. 2565.)

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

Amendments

2022—Subsec. (a)(8). Pub. L. 117–263 added par. (8).

2019—Subsec. (a). Pub. L. 116–92, §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. 116–92, §517(b), added subsec. (c).

1992—Subsec. (a). Pub. L. 102–484, §1122(1), substituted "shall" for "may" in introductory provisions and added par. (7).

Subsec. (b). Pub. L. 102–484, §1122(2), inserted before period at end "; and for determining which units of the National Guard meet deployability standards".

1977—Subsec. (a). Pub. L. 95–79 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).
32 U.S.C. § 317 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 317: Command during joint exercises with Federal troops
Command during joint exercises with Federal troops
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

317
32:72.
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 Arrangement

Pub. L. 112–81, 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."
32 U.S.C. § 301 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 301: Federal recognition of enlisted members
Federal recognition of enlisted members
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

301
50:1113(a) (as applicable to enlisted members). 
July 9, 1952, ch. 608, §703(a) (as applicable to enlisted members), 66 Stat. 502.
32 U.S.C. § 307 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 307: Federal recognition of officers: examination; certificate of eligibility
Federal recognition of officers: examination; certificate of eligibility
Status: in_force

(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. 85–861, §2(6), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92–492, §2(b), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–535, Dec. 16, 1980, 94 Stat. 3165; Pub. L. 103–337, div. A, title XVI, §1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.)

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

Amendments

1994—Subsec. (a)(3). Pub. L. 103–337 struck out "and sections 8365 and 8366 of title 10" after "of this section".

1980—Subsec. (g). Pub. L. 96–535 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. 92–492 added subsec. (g).

1958—Subsec. (a)(3). Pub. L. 85–861, §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. 85–861, §2(6)(B), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Suspension of Subsection (e) of This Section

For 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.
32 U.S.C. § 103 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 103: Branches and organizations
Branches and organizations
Status: in_force

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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

103
32:9.
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

Amendments

2006—Pub. L. 109–163 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. 100–456 struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 109 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 109: Maintenance of other troops
Maintenance of other troops
Status: in_force

(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. 85–861, §2(2), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(3), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 111–383, div. A, title X, §1075(h)(4)(B), Jan. 7, 2011, 124 Stat. 4377.)

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

Amendments

2011—Subsecs. (a) to (c). Pub. L. 111–383 amended directory language of Pub. L. 109–163, §1057(b)(3). See 2006 Amendment note below.

2006—Subsecs. (a) to (c). Pub. L. 109–163, §1057(b)(3), as amended by Pub. L. 111–383, 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. 100–456 struck out "the Canal Zone," after "Virgin Islands,".

1958—Subsecs. (a), (b). Pub. L. 85–861, §2(2)(A), substituted "defense forces authorized by subsection (c)" for "State defense forces".

Subsecs. (c) to (e). Pub. L. 85–861, §2(2)(B), added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, 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. 109–163 as enacted.
32 U.S.C. § 305 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 305: Federal recognition of commissioned officers: persons eligible
Federal recognition of commissioned officers: persons eligible
Status: in_force

(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 officer's 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. 85–861, §2(5), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90–130, §2(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 108–375, div. A, title V, §505, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 111–383, div. A, title V, §517, Jan. 7, 2011, 124 Stat. 4214.)

Historical and Revision Notes
1956 Act

Revised sectionSource (U.S. Code)Source (Statutes at Large)

305
32:111 (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

Amendments

2011—Subsec. (a)(5). Pub. L. 111–383 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. 108–375, §505(1), substituted "armed forces" for "Army, Navy, Air Force, or Marine Corps".

Subsec. (a)(5). Pub. L. 108–375, §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. 90–130, §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. 90–130, §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. 85–861, §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. 85–861, §2(5)(B), added subsec. (b).
32 U.S.C. § 328 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 328: Active Guard and Reserve duty: Governor's authority
Active Guard and Reserve duty: Governor's authority
Status: in_force

(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 member's 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. 109–364, div. A, title V, §526(a), Oct. 17, 2006, 120 Stat. 2196; amended Pub. L. 117–263, div. A, title V, §515(a), Dec. 23, 2022, 136 Stat. 2566.)

Editorial Notes

Prior Provisions

A 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. 107–314, div. A, title V, §512(c), Dec. 2, 2002, 116 Stat. 2537, applicable with respect to courts-martial convened after Dec. 2, 2002.

Amendments

2022—Subsec. (c). Pub. L. 117–263 added subsec. (c).
32 U.S.C. § 312 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 312: Appointment oath
Appointment oath
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

312
32:112.
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.
32 U.S.C. § 302 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 302: Enlistments, reenlistments, and extensions
Enlistments, reenlistments, and extensions
Status: in_force

(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. 87–378, §5(1), Oct. 4, 1961, 75 Stat. 808.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

302
32:124.
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

Amendments

1961—Pub. L. 87–378 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 Amendment

Pub. L. 87–378, §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]."
32 U.S.C. § 714 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 714: Final settlement of accounts: deceased members
Final settlement of accounts: deceased members
Status: in_force

(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 member's 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. 85–861, §2(12), Sept. 2, 1958, 72 Stat. 1546; amended Pub. L. 87–46, June 16, 1961, 75 Stat. 92; Pub. L. 104–316, title II, §202(q), Oct. 19, 1996, 110 Stat. 3844.)

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, §§1–3, 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

Amendments

1996—Subsec. (c). Pub. L. 104–316, 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. 87–46 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, 1956

Designation 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.
32 U.S.C. § 503 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 503: Participation in field exercises
Participation in field exercises
Status: in_force

(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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title V, §517, Feb. 10, 1996, 110 Stat. 309; Pub. L. 109–163, div. A, title X, §1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)

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

Amendments

2006—Subsec. (b). Pub. L. 109–163 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. 104–106 designated existing provisions as par. (1) and added par. (2).

1988—Subsec. (b). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 708 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 708: Property and fiscal officers
Property and fiscal officers
Status: in_force

(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. 92–310, title II, §207, June 6, 1972, 86 Stat. 203; Pub. L. 95–79, title VIII, §804(b), July 30, 1977, 91 Stat. 333; Pub. L. 96–513, title V, §515(4), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–189, div. A, title VI, §653(g), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 109–163, div. A, title X, §1057(b)(2), (4), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 116–92, div. A, title V, §518, Dec. 20, 2019, 133 Stat. 1350.)

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

Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted ", in consultation with the Chief of the National Guard Bureau," after "shall".

2006—Subsec. (a). Pub. L. 109–163, §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. 109–163, §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. 101–189 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. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1980—Subsec. (b). Pub. L. 96–513 redesignated pars. (2) and (3) as (1) and (2), respectively.

1977—Subsec. (d). Pub. L. 95–79, §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. 95–79, §804(b)(2), (3), redesignated subsec. (f) as (e) and substituted "(d)" for "(e)". Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 95–79, §804(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively.

1972—Subsec. (b)(1). Pub. L. 92–310 repealed provisions which related to the bond required of property and fiscal officers.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
32 U.S.C. § 304 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 304: Enlistment oath
Enlistment oath
Status: in_force

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. 87–751, §2, Oct. 5, 1962, 76 Stat. 748; Pub. L. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

304
32:123.
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

Amendments

1988—Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1962—Pub. L. 87–751 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 Amendment

Amendment by Pub. L. 87–751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87–751, set out as a note under section 502 of Title 10, Armed Forces.
32 U.S.C. § 712 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 712: Disposition of proceeds of condemned stores issued to National Guard
Disposition of proceeds of condemned stores issued to National Guard
Status: in_force

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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

712
32:45.
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

Amendments

2006—Par. (1). Pub. L. 109–163 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. 100–456 struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 308 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 308: Federal recognition of officers: temporary recognition
Federal recognition of officers: temporary recognition
Status: in_force

(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. 110–181, div. A, title V, §514, Jan. 28, 2008, 122 Stat. 99.)

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

Amendments

2008—Subsec. (a). Pub. L. 110–181 substituted "one year" for "six months" in last sentence.
32 U.S.C. § 108 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 108: Forfeiture of Federal benefits
Forfeiture of Federal benefits
Status: in_force

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. 103–337, div. A, title IX, §904(c), Oct. 5, 1994, 108 Stat. 2827.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

108
32:24.
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

Amendments

1994—Pub. L. 103–337 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 Amendment

Amendment by Pub. L. 103–337 effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as an Effective Date note under section 10501 of Title 10, Armed Forces.
32 U.S.C. § 904 (2024) — Title 32: NATIONAL GUARD / Chapter 9: HOMELAND DEFENSE ACTIVITIES / Section 904: Homeland defense duty
Homeland defense duty
Status: in_force

(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. 108–375, div. A, title V, §512(a)(1), Oct. 28, 2004, 118 Stat. 1878.)
32 U.S.C. § 504 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 504: National Guard schools and small arms competitions
National Guard schools and small arms competitions
Status: in_force

(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. 88–621, §1(2), Oct. 3, 1964, 78 Stat. 999; Pub. L. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

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

Amendments

1988—Subsec. (b). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1964—Pub. L. 88–621 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.
32 U.S.C. § 711 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 711: Disposition of obsolete or condemned property
Disposition of obsolete or condemned property
Status: in_force

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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

711
32:46.
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

Amendments

2006—Pub. L. 109–163 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. 100–456 struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 706 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 706: Return of arms and equipment upon relief from Federal service
Return of arms and equipment upon relief from Federal service
Status: in_force

So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325(b) 1 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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

706
50:1122(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 Text

Section 325(b) of this title, referred to in text, was redesignated section 325(c) of this title by Pub. L. 110–417, [div. A], title V, §517(b)(1), Oct. 14, 2008, 122 Stat. 4442.

1 See References in Text note below.
32 U.S.C. § 705 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 705: Purchase of uniforms and equipment by officers of National Guard from Army or Air Force
Purchase of uniforms and equipment by officers of National Guard from Army or Air Force
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

705
32:156.
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.
32 U.S.C. § 508 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 508: Assistance for certain youth and charitable organizations
Assistance for certain youth and charitable organizations
Status: in_force

(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 Men's Christian Association.

(6) The Young Women's 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 4–H Club.

(13) The Police Athletic League.

(14) Any other youth or charitable organization designated by the Secretary of Defense.

(Added Pub. L. 103–337, div. A, title III, §385(a), Oct. 5, 1994, 108 Stat. 2741.)

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.
32 U.S.C. § 505 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 505: Army and Air Force schools and field exercises
Army and Air Force schools and field exercises
Status: in_force

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. 100–456, div. A, title XII, §1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

505
32:65.
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

Amendments

2006—Pub. L. 109–163 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. 100–456, 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.
32 U.S.C. § 907 (2024) — Title 32: NATIONAL GUARD / Chapter 9: HOMELAND DEFENSE ACTIVITIES / Section 907: Relationship to State duty
Relationship to State duty
Status: in_force

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. 108–375, div. A, title V, §512(a)(1), Oct. 28, 2004, 118 Stat. 1879.)
32 U.S.C. § 111 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 111: Suspension of certain provisions of this title
Suspension of certain provisions of this title
Status: in_force

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) 1 of this title with respect to the Army National Guard or the Air National Guard.

(Added Pub. L. 85–861, §2(3), Sept. 2, 1958, 72 Stat. 1543.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

111
50:1199 (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 Text

Section 323(e) of this title, referred to in text, was repealed by Pub. L. 103–337, 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.

1 See References in Text note below.
32 U.S.C. § 707 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 707: Use of public buildings for offices by instructors
Use of public buildings for offices by instructors
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

707
32:74.
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".
32 U.S.C. § 507 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 507: Instruction in firing; supply of ammunition
Instruction in firing; supply of ammunition
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

507
32:71.
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)).
32 U.S.C. § 114 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 114: Funeral honors functions at funerals for veterans
Funeral honors functions at funerals for veterans
Status: in_force

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. 105–85, div. A, title V, §517(a)(1), Nov. 18, 1997, 111 Stat. 1733; amended Pub. L. 105–261, div. A, title V, §567(d), Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title V, §578(g)(1), (k)(3)(A), Oct. 5, 1999, 113 Stat. 627, 631.)

Editorial Notes

Amendments

1999—Pub. L. 106–65, 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. 105–261 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."
32 U.S.C. § 906 (2024) — Title 32: NATIONAL GUARD / Chapter 9: HOMELAND DEFENSE ACTIVITIES / Section 906: Requests for funding assistance
Requests for funding assistance
Status: in_force

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. 108–375, div. A, title V, §512(a)(1), Oct. 28, 2004, 118 Stat. 1879.)
32 U.S.C. § 335 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 335: Repealed. Pub. L. 98-525, title IV, §414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519
Repealed. Pub. L. 98-525, title IV, §414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519
Status: repealed

[§335. Repealed. Pub. L. 98–525, title IV, §414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519]

Section, added Pub. L. 98–94, 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.
32 U.S.C. § 704 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 704: Accountability: relief from upon order to active duty
Accountability: relief from upon order to active duty
Status: in_force

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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, §1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

704
50:1121.
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

Amendments

2006—Pub. L. 109–163 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. 100–456 struck out "the Canal Zone," after "Puerto Rico,".
32 U.S.C. § 326 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 326: Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
Status: in_force

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. 107–314, div. A, title V, §512(a), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109–163, div. A, title X, §1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

326
32:91.
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

Amendments

2006—Pub. L. 109–163 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. 107–314 inserted at end "Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia."
32 U.S.C. § 701 (2024) — Title 32: NATIONAL GUARD / Chapter 7: SERVICE, SUPPLY, AND PROCUREMENT / Section 701: Uniforms, arms, and equipment to be same as Army or Air Force
Uniforms, arms, and equipment to be same as Army or Air Force
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

701
32:31.
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".
32 U.S.C. § 318 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 318: Repealed. Pub. L. 99-661, div. A, title VI, §604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878
Repealed. Pub. L. 99-661, div. A, title VI, §604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878
Status: repealed

[§§318 to 321. Repealed. Pub. L. 99–661, div. A, title VI, §604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878]

Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept. 2, 1958, Pub. L. 85–861, §33(c)(1), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87–649, §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. 85–861, §2(10), 72 Stat. 1544; Sept. 7, 1962, Pub. L. 87–649, §8(b), 76 Stat. 495, related to death gratuities for members of National Guard.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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. 99–661, set out as an Effective Date of 1986 Amendment note under section 1074a of Title 10, Armed Forces.
32 U.S.C. § 313 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 313: Appointments and enlistments: age limitations
Appointments and enlistments: age limitations
Status: in_force

(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. 85–861, §2(9), Sept. 2, 1958, 72 Stat. 1544; Pub. L. 90–130, §2(2), Nov. 8, 1967, 81 Stat. 383.)

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

Amendments

1967—Subsec. (b)(3). Pub. L. 90–130 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. 85–861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.
32 U.S.C. § 102 (2024) — Title 32: NATIONAL GUARD / Chapter 1: ORGANIZATION / Section 102: General policy
General policy
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

102
50:921(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".
32 U.S.C. § 322 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 322: Discharge of enlisted members
Discharge of enlisted members
Status: in_force

(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.)

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".
32 U.S.C. § 334 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 334: Repealed. Pub. L. 97-124, §3, Dec. 29, 1981, 95 Stat. 1666
Repealed. Pub. L. 97-124, §3, Dec. 29, 1981, 95 Stat. 1666
Status: repealed

[§334. Repealed. Pub. L. 97–124, §3, Dec. 29, 1981, 95 Stat. 1666]

Section, added Pub. L. 94–464, §2(b), Oct. 8, 1976, 90 Stat. 1986; amended Pub. L. 96–513, 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 Repeal

Pub. L. 97–258, §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. 97–124, §3, Dec. 29, 1981, 95 Stat. 1666.

Effective Date of Repeal

Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97–124, set out as an Effective Date of 1981 Amendment note under section 1089 of Title 10, Armed Forces.
32 U.S.C. § 316 (2024) — Title 32: NATIONAL GUARD / Chapter 3: PERSONNEL / Section 316: Detail of members of Army National Guard for rifle instruction of civilians
Detail of members of Army National Guard for rifle instruction of civilians
Status: in_force

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.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

316
32:183.
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.
32 U.S.C. § 506 (2024) — Title 32: NATIONAL GUARD / Chapter 5: TRAINING / Section 506: Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard
Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard
Status: in_force

(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.)

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.