Title 32 USCTitle 32 Online@118-34not31 yes OLRC 2023-12-19T11:28:45 USCConverter 1.7.2  Title 32 NATIONAL GUARD This title was enacted by act Aug. 10, 1956, ch. 1041,  2 70A Stat. 596 Current through 118-34not31    Chap. Sec.  1. Organization 101  3. Personnel 301  5. Training 501  7. Service, Supply, and Procurement 701  9. Homeland Defense Activities 901  Editorial Notes Amendments 2004 Pub. L. 108375, div. A, title V,  512(a)(2) Oct. 28, 2004 118 Stat. 1880       Table Showing Disposition of All Sections of Former Title  Title 32 Former Sections Title 32 New Sections  1 T. 10  311 2 101; T. 10  101 3 T. 10  312 4 305, 313 4a Rep. 4b 101; T. 10  101 4c (1st 33 words) 101; T. 10  101 4c (less 1st 33 words) Rep. 5, 6 104 7 Rep. 8 104 9 103 10 (proviso) 104 10 (less proviso) T. 10  3542, 8542 1114 314 15 105 16 104 17 110 1820 Rep. 21 106 22 107 23 Rep. 24 108 25 Rep. 26 Elim. 31 701 32 Rep. 33 702 34 Rep. 35 702 36 Rep. 37 Elim. 38 Rep. 39, 39a 703 40 Rep. 42, 42a 709 43 Rep. 44 Elim. 45 712 46 711 47 710 471, 47a Elim. 47b, 48 Rep. 49, 50 708 51 Elim. 61 501 62 502 63 503 64 504 65 505 66, 67 506 68, 69 315 70 Rep. 71 507 72 317 73 Rep. 74 707 75 Rep. See T. 5  502, 3551, 5534, 6323(a), (b) 76 Rep. See T. 5  6323(a), (b) 81 Rep. 81a T. 10  3500, 8500 81b T. 10  3501, 8501 81c Rep. 82 T. 10  3499, 8499 83 T. 10  3502, 8502 84 Rep. 85, 86 Elim. 91 326 92 327 93 328 94 329 95 330 96 331 97 332, 333 111 305, 307 112 312 113 307 113a Rep. 114 324 115 323; T. 10  3820, 8820 121, 122 Rep. 123 304 124 302 125 322 131 Rep. 132, 133 303 134 Rep. 141, 142 Elim. 142a143a Rep. 144148 Rep. 149152 Elim. 153 Rep. 154 (last proviso of 2d par.) 710 154 (2d par., less last proviso) T. 31  698a 154 (last par.) 303, 322, 323 154 (less 2d and last pars.) Rep. See T. 37  206(a), (b), 402(b) 155 Rep. 156 705; T. 10  4621, 9621 157 Rep. 158 503 159, 160 Rep. 160a 318, 321; T. 10  3687, 3688, 3721, 8687, 8688, 8721 160b 3687 nt. 160c164 Rep. 164a, 164b 319 164c Rep. 164d 320; T. 10  3723, 8723 164e Rep. 171 Rep. 172, 173 T. 10  3015 174 T. 10  3541, 8541 175 T. 10  3496, 8496 176 T. 31  698 181 T. 10  4308 181a T. 10  4312 181b T. 10  4312, 4313 181c T. 10  4308 181d, 181e Elim. 182 T. 10  4307 183 316; T. 10  4310 184 T. 10  4310 185 Rep. 186 T. 10  4309 191 Rep. 192, 193 104 nt. 194(b) 109. Rep. in part. 194 (less (b)) 109 195 Rep. 196 713 Statutory Notes and Related Subsidiaries Positive Law; Citation This title has been made positive law by section 2 of act Aug. 10, 1956, ch. 1041 70A Stat. 596 Title 32 of the United States Code, entitled National Guard, is revised, codified, and enacted into law, and may be cited as Title 32, United States Code,  .  Repeals Act Aug. 10, 1956, ch. 1041,  53 70A Stat. 641 Aug. 10, 1956 Savings and Severability Provisions Act Aug. 10, 1956, ch. 1041,  49 70A Stat. 640  (a) In sections 148 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after March 31, 1955 (b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 148. (c) Actions taken and offenses committed under the replaced law shall be considered to have been taken or committed under the corresponding provisions of sections 148. (d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. (e) In chapter 47 of title 10, United States Code, enacted by section 1 of this Act, no inference of a legislative construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter. (f) The enactment of this Act does not increase or decrease the pay or allowances, including retired pay and retainer pay, of any person. (g) The enactment of this Act does not affect the status of persons who, on the effective date of this Act, have the status of warrant officer, of the Army Mine Planter Service. Restatement of Suspended or Temporarily Superseded Provisions Act Aug. 10, 1956, ch. 1041,  50 70A Stat. 640 If on the effective date of this Act a provision of law that is restated in this Act and repealed by section 53 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status. Improvement of United States Code by Pub. L. 85861 Pub. L. 85861,  34 Sept. 2, 1958 72 Stat. 1568  (a) In sections 132 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after December 31, 1957 (b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 132. (c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 132. (d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. (e) The enactment of this Act does not increase or decrease the pay or allowances, including retired and retainer pay, of any person. Pub. L. 85861,  35 Sept. 2, 1958 72 Stat. 1568 If on the effective date of this Act [ Sept. 2, 1958 Pub. L. 85861,  36 Sept. 2, 1958 72 Stat. 1568 Sept. 2, 1958 CHAPTER 1 ORGANIZATION    Sec.  101. Definitions.  102. General policy.  103. Branches and organizations.  104. Units: location; organization; command.  105. Inspection.  106. Annual appropriations.  107. Availability of appropriations.  108. Forfeiture of Federal benefits.  109. Maintenance of other troops.  110. Regulations.  111. Suspension of certain provisions of this title.  112. Drug interdiction and counter-drug activities.  113. Federal financial assistance for support of additional duties assigned to the Army National Guard.  114. Funeral honors functions at funerals for veterans.  115. Funeral honors duty performed as a Federal function.  Editorial Notes Amendments 1999 Pub. L. 10665, div. A, title V,  578(k)(3)(B) Oct. 5, 1999 113 Stat. 631 1997 Pub. L. 10585, div. A, title III,  386(b) Nov. 18, 1997 111 Stat. 1713 1989 Pub. L. 101189, div. A, title XII,  1207(a)(2) Nov. 29, 1989 103 Stat. 1566 1971 Pub. L. 92119,  1(b) Aug. 13, 1971 85 Stat. 340 1958 Pub. L. 85861,  2(4) Sept. 2, 1958 72 Stat. 1543  101. Definitions In addition to the definitions in sections 15 of title 1, the following definitions apply in this title: (1) For purposes of other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the term Territory includes Guam and the Virgin Islands. (2) Armed forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (3) National Guard means the Army National Guard and the Air National Guard. (4) Army National Guard means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that (A) is a land force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (5) Army National Guard of the United States means the reserve component of the Army all of whose members are members of the Army National Guard. (6) Air National Guard means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that (A) is an air force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (7) Air National Guard of the United States means the reserve component of the Air Force all of whose members are members of the Air National Guard. (8) Officer means commissioned or warrant officer. (9) Enlisted member means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade. (10) Grade means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. (11) Rank means the order of precedence among members of the armed forces. (12) Active duty means full-time duty in the active military service of the United States. It includes such Federal duty as full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. It does not include full-time National Guard duty. (13) Supplies includes material, equipment, and stores of all kinds. (14) Shall is used in an imperative sense. (15) May is used in a permissive sense. The words no person may * * * mean that no person is required, authorized, or permitted to do the act prescribed. (16) Includes means includes but is not limited to. (17) Pay includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. (18) Spouse means husband or wife, as the case may be. (19) Full-time National Guard duty means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the members status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of this title for which the member is entitled to pay from the United States or for which the member has waived pay from the United States. ( Aug. 10, 1956, ch. 1041 70A Stat. 596 Pub. L. 85861,  2(1) Sept. 2, 1958 72 Stat. 1542 Pub. L. 8670,  27 June 25, 1959 73 Stat. 148 Pub. L. 86624,  22 July 12, 1960 74 Stat. 417 Pub. L. 92492,  2(a) Oct. 13, 1972 86 Stat. 810 Pub. L. 96513, title V,  507(a) Dec. 12, 1980 94 Stat. 2919 Pub. L. 96600,  3(a) Dec. 24, 1980 94 Stat. 3493 Pub. L. 98525, title IV,  414(b)(1) Oct. 19, 1984 98 Stat. 2519 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(1) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes   1956 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  101(1) 101(2) 101(3) 32:4c (1st 33 words). [No source]. 32:2. 32:4b. June 3, 1916, ch. 134,  62 39 Stat. 198 101(4) 50:1112(a) (for definition purposes). June 3, 1916, ch. 134,  117 39 Stat. 212 101(5)   101(6)   101(7) 101(8) 101(9) 101(10) 101(11) 101(12) 101(13) 101(14) 101(15) 101(16) 10:1835 (less last 16 words). 32:2. 32:4b. 50:1112(b) (for definition purposes). [No source]. [No source]. [No source]. [No source]. [No source]. [No source]. [No source]. [No source]. [No source]. [No source]. June 3, 1916, ch. 134,  71 June 15, 1933, ch. 87,  9 48 Stat. 157 Oct. 12, 1949, ch. 681,  530 63 Stat. 837 July 9, 1952, ch. 608,  803 66 Stat. 505 July 9, 1952, ch. 608,  702 66 Stat. 501 Sept. 19, 1951, ch. 407,  305 65 Stat. 330 The definitions in clauses (2) and (9)(17) reflect the adoption of terminology which, though undefined in the source statutes restated in this title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used. Where established uses conflict, a choice has been made. In clause (1), the definition of Territory in 32:4c is executed throughout this revised title by specific reference, where applicable, to the Territories, Puerto Rico, and the Canal Zone. In clause (2), a definition of National Guard is inserted for clarity. In clause (3)(A), the words a land force are substituted for 32:2. The National Defense Act of 1916,  117 (last 66 words), 39 Stat. 212 act of February 28, 1925, ch. 374,  3 43 Stat. 1081 In clauses (3) and (4), the word Army is inserted to distinguish the organizations defined from their Air Force counterparts. In clauses (3) and (5), the words unless the context or subject matter otherwise requires and as provided in this title, in 32:4b, are omitted as surplusage. In clauses (3)(B) and (5)(B), the words has its officers appointed are substituted for the word officered, in 32:4b. In clauses (4) and (6), only that much of the description of the composition of the Army National Guard of the United States and the Air National Guard of the United States is used as is necessary to distinguish these reserve components, respectively, from the other reserve components. In clause (5)(A), the words an air force are substituted for the words for which Federal responsibility has been vested in the Secretary of the Air Force or the Department of the Air Force pursuant to law, in 10:1835, and for 32:2 (less applicability to Army National Guard), to make the definition of Air National Guard parallel with the definition of Army National Guard, and to make explicit the intent of Congress in creating the Air National Guard, that the organized militia henceforth should consist of three mutually exhaustive classes comprising the Army, Air, and Naval militia. In clause (8), words showing how enlisted members became such are inserted to make clear that enlistment is not the only method of becoming a member in an enlisted grade.       1958 Act  Section of title 32 Source (U.S. Code) Source (Statutes at Large)  101(2) [No source]. [No source]. 101(18) [No source]. [No source]. In clause (2), the term armed forces is defined for legislative convenience and is defined the same as that term is defined in section 101(4) of title 10 The definition in clause (18) reflects the adoption of terminology which, though undefined in the source statutes restated in this title, represents the closest practicable approximation of the ways in which the term has been commonly used. Editorial Notes Amendments 2006Cl. (1). Pub. L. 109163 1988Cls. (4), (6). Pub. L. 100456 1984Cl. (12). Pub. L. 98525,  414(b)(1)(A) Cl. (19). Pub. L. 98525,  414(b)(1)(B) 1980Cl. (1). Pub. L. 96600 Cl. (12). Pub. L. 96513 1972Cl. (1). Pub. L. 92492 1960Cl. (1). Pub. L. 86624 1959Cl. (1). Pub. L. 8670 1958Cls. (2) to (18). Pub. L. 85861 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 section 701(a) of Pub. L. 96513 section 101 of Title 10  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Official Designation of Salem, Massachusetts, as Birthplace of the National Guard of the United States Pub. L. 112241,  1 Jan. 10, 2013 126 Stat. 2372  (a)  Findings Congress makes the following findings: (1) In 1629, Captain John Endicott organized the first militia in the Massachusetts Bay Colony in Salem. (2) The colonists had adopted the English militia system, which required all males between the ages of 16 and 60 to possess arms and participate in the defense of the community. (3) In 1636, the Massachusetts General Court ordered the organization of three militia regiments, designated as the North, South, and East regiments. (4) These regiments drilled once a week and provided guard details each evening to sound the alarm in case of attack. (5) The East Regiment, the predecessor of the 101st Engineer Battalion, assembled as a regiment for the first time in 1637 on the Salem Common, marking the beginning of the Massachusetts National Guard and the National Guard of the United States. (6) Since 1785, Salems own Second Corps of Cadets (101st and 102nd Field Artillery) has celebrated the anniversary of that first muster. (7) As the policy contained in section 102 of title 32 (8) The designation of the City of Salem, Massachusetts, as the Birthplace of the National Guard of the United States will contribute positively to tourism and economic development in the city, create jobs, and instill pride in both the local and State communities. (b)  Designation of Salem, Massachusetts, as National Guard Birthplace In light of the findings made in subsection (a), the City of Salem, Massachusetts, is hereby designated as the Birthplace of the National Guard of the United States. (c)  Responsibilities. (1)  Military ceremonial support The Chief of the National Guard Bureau, in conjunction with the Secretary of the Army, the Secretary of the Air Force, the Council of Governors, and the Adjutant General of the State of Massachusetts, shall provide military ceremonial support at the dedication of any monument, plaque, or other form of official recognition placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birthplace of the National Guard of the United States. (2)  Funding source Federal funds may not be used to design, procure, prepare, install, or maintain any monument, plaque, or other form of official recognition placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birthplace of the National Guard of the United States, but the Adjutant General of the State of Massachusetts may accept and expend contributions of non-Federal funds for this purpose.  102. General policy  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 section Source (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.  103. Branches and organizations  The Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands includes such members of the staff corps corresponding to the staff corps of the Army as the Secretary of the Army may authorize. ( Aug. 10, 1956, ch. 1041 70A Stat. 597 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(2) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  103 32:9. July 9, 1918, ch. 143 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. 109163 1988 Pub. L. 100456  104. Units: location; organization; command (a) Each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands may fix the location of the units and headquarters of its National Guard. (b) Except as otherwise specifically provided in this title, the organization of the Army National Guard and the composition of its units shall be the same as those prescribed for the Army, subject, in time of peace, to such general exceptions as the Secretary of the Army may authorize; and the organization of the Air National Guard and the composition of its units shall be the same as those prescribed for the Air Force, subject, in time of peace, to such general exceptions as the Secretary of the Air Force may authorize. (c) To secure a force the units of which when combined will form complete higher tactical units, the President may designate the units of the National Guard, by branch of the Army or organization of the Air Force, to be maintained in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. However, no change in the branch, organization, or allotment of a unit located entirely within a State may be made without the approval of its governor. (d) To maintain appropriate organization and to assist in training and instruction, the President may assign the National Guard to divisions, wings, and other tactical units, and may detail commissioned officers of the National Guard or of the Regular Army or the Regular Air Force, as the case may be, to command those units. However, the commanding officer of a unit organized wholly within a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may not be displaced under this subsection. (e) To insure prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail a commissioned officer of the Regular Army to perform the duties of chief of staff for each fully organized division of the Army National Guard, and a commissioned officer of the Regular Air Force to perform the duties of the corresponding position for each fully organized wing of the Air National Guard. (f) Unless the President consents (1) an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded; and (2) the actual strength of such an organization in commissioned officers or enlisted members may not be reduced below the minimum strength prescribed by the President. ( Aug. 10, 1956, ch. 1041 70A Stat. 598 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(2) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  104(a) 104(b) 104(c) 32:6. 32:5 (1st sentence). 32:5 (less 1st sentence). June 3, 1916, ch. 134 39 Stat. 198200 104(d) 104(e) 104(f) 32:8. 32:10 (proviso). 32:16. June 3, 1916, ch. 134,  60 June 4, 1920, ch. 227 June 15, 1933, ch. 87,  6 48 Stat. 156 In subsection (a), the words within their respective borders are omitted as surplusage. In subsection (b), the word Army is substituted for the words Regular Army, since the Army is the category for which the organization is prescribed, and the Regular Army is a personnel category for which no organization is prescribed. Similarly, the words Air Force are used instead of the words Regular Air Force. In subsection (c), the words by branch of the Army or organization of the Air Force are substituted for the words as to branch or arm of service. The words branch, organization, or allotment of a unit are substituted for the words allotment, branch, or arm of units or organizations. In subsections (d) and (e) the word commissioned is inserted, since 32:8 and 10 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (d), the word brigades is omitted as surplusage. In subsection (e), the word tactical is omitted as surplusage. In subsection (f), the words have received compensation from the United States as members of the National Guard are substituted for the words shall be entitled to and shall have received compensation under the provisions of this title. The words actual strength * * * in commissioned officers or enlisted members are substituted for the words commissioned or enlisted strength. Editorial Notes Amendments 2006Subsec. (a). Pub. L. 109163,  1057(b)(4) Subsec. (c). Pub. L. 109163,  1057(b)(2) Subsec. (d). Pub. L. 109163,  1057(b)(3) 1988Subsec. (a). Pub. L. 100456,  1234(b)(2) Subsecs. (c), (d). Pub. L. 100456,  1234(b)(1) Statutory Notes and Related Subsidiaries Council of Governors Pub. L. 110181, div. A, title XVIII,  1822 Jan. 28, 2008 122 Stat. 500 The President shall establish a bipartisan Council of Governors to advise the Secretary of Defense, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions. Comptroller General Assessments of National Guard Management Pub. L. 107314, div. A, title V,  511(a) Dec. 2, 2002 116 Stat. 2536  Not later than one year after the date of the enactment of this Act [ Dec. 2, 2002 (1) The Comptroller Generals assessment of the effectiveness of the implementation of Department of Defense plans for improving management and accounting for personnel strengths in the National Guard, including an assessment of the process that the Department of Defense, the National Guard Bureau, the Army National Guard and State-level National Guard leadership, and leadership in the other reserve components have for identifying and addressing in a timely manner specific units in which nonparticipation rates are significantly in excess of the established norms. (2) The Comptroller Generals assessment of the effectiveness of the process for Federal recognition of senior National Guard officers and recommendations for improvement to that process. (3) The Comptroller Generals assessment of the process for, and the nature and extent of, the administrative or judicial corrective action taken by the Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force as a result of Inspector General investigations or other investigations in which allegations against senior National Guard officers are substantiated in whole or in part. (4) The Comptroller Generals determination of the effectiveness of the Federal protections provided for members or employees of the National Guard who report allegations of waste, fraud, abuse, or mismanagement and the nature and extent to which corrective action is taken against those in the National Guard who retaliate against such members or employees. Study of State and Federal Missions of National Guard Pub. L. 103160, div. A, title V,  522 Nov. 30, 1993 107 Stat. 1655 May 1, 1994 Nov. 15, 1994 Feb. 1, 1995 Retention of Ancient Privileges and Organization Act Aug. 10, 1956, ch. 1041,  32 70A Stat. 633  (a) Any corps of artillery, cavalry, or infantry existing in any of the States on the passage of the Act of May 8, 1792 Provided Provided further (b) The First Corps Cadets, antedating, and continuously existing in the State of Massachusetts since, the Act of May 8, 1792 Provided Executive Documents  Ex. Ord. No. 13528. Establishment of the Council of Governors Ex. Ord. No. 13528, Jan. 11, 2010 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of [sic] 2008 ( Public Law 110181 Section Council of Governors. (a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms. (b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council. Sec Functions (a) matters involving the National Guard of the various States; (b) homeland defense; (c) civil support; (d) synchronization and integration of State and Federal military activities in the United States; and (e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities. Sec Administration. (a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council. (b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law. (c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assignment or detail of personnel, and information as may be necessary for the performance of the Councils functions. (d) The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively of Members of the Council and any designated employees of a Member with authority to act on the Members behalf, as appropriate to aid the Council in carrying out its functions under this order. (e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members. Sec Definitions (a) the term State has the meaning provided in paragraph (15) [now (17)] of section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101(15) (b) the term Governor has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(5) Sec General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to a department, agency, or the head thereof; or (2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Barack Obama.  105. Inspection (a) Under regulations prescribed by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have an inspection made by inspectors general, or by any other commissioned officers of the Regular Army or the Regular Air Force detailed for that purpose, to determine whether (1) the amount and condition of property held by the Army National Guard or Air National Guard are satisfactory; (2) the Army National Guard or Air National Guard is organized as provided in this title; (3) the members of the Army National Guard or Air National Guard meet prescribed physical and other qualifications; (4) the Army National Guard or Air National Guard and its organization are properly uniformed, armed, and equipped and are being trained and instructed for active duty in the field, or for coast defense; (5) Army National Guard or Air National Guard records are being kept in accordance with this title; (6) the accounts and records of each property and fiscal officer are properly maintained; (7) the units of the Army National Guard or Air National Guard meet requirements for deployment; and (8) the units and members of the Army National Guard or Air National Guard comply with Federal law and policy applicable to the National Guard, including policies issued by the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau. (b) The reports of inspections under subsection (a) are the basis for determining whether the National Guard is entitled to the issue of military property as authorized under this title and to retain that property; and for determining which organizations and persons constitute units and members of the National Guard; and for determining which units of the National Guard meet deployability standards. (c) The Chief of the National Guard Bureau may have an inspection described in subsection (a) made by inspectors general, or by commissioned officers of the Army National Guard of the United States or the Air National Guard of the United States detailed for that purpose, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable. ( Aug. 10, 1956, ch. 1041 70A Stat. 598 Pub. L. 9579, title VIII,  804(a) July 30, 1977 91 Stat. 333 Pub. L. 102484, div. A, title XI,  1122 Oct. 23, 1992 106 Stat. 2540 Pub. L. 11692, div. A, title V,  517 Dec. 20, 2019 133 Stat. 1349 Pub. L. 117263, div. A, title V,  514(a) Dec. 23, 2022 136 Stat. 2565        Historical and Revision Notes  Revised section Source (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 2022Subsec. (a)(8). Pub. L. 117263 2019Subsec. (a). Pub. L. 11692,  517(a) Subsec. (c). Pub. L. 11692,  517(b) 1992Subsec. (a). Pub. L. 102484,  1122(1) Subsec. (b). Pub. L. 102484,  1122(2) 1977Subsec. (a). Pub. L. 9579  106. Annual appropriations  Sums will be appropriated annually, out of any money in the Treasury not otherwise appropriated, for the support of the Army National Guard and the Air National Guard, including the issue of arms, ordnance stores, quartermaster stores, camp equipage, and other military supplies, and for the payment of other expenses authorized by law. ( Aug. 10, 1956, ch. 1041 70A Stat. 599        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  106 32:21. June 3, 1916, ch. 134,  67 39 Stat. 199 The words issue of are substituted for the words the expense of providing. The words for issue to the National Guard and pertaining to said guard as are or may be are omitted as surplusage.  107. Availability of appropriations (a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for (1) the necessary expenses of members of a regular or reserve component of the Army or the Air Force traveling on duty in connection with the National Guard; (2) the necessary expenses of members of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army Staff or the Air Staff, traveling to and from annual conventions of the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Association; (3) the transportation of supplies furnished to the National Guard as permanent equipment; (4) the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard; (5) the expenses of the National Guard Bureau, including clerical services; (6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; (7) such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and (8) other expenses of the National Guard authorized by law. (b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. Payable expenses include allowances for subsistence and housing under sections 402 and 403 of title 37 and expenses for medicine and medical attendance. (c) The pay and allowances for the Chief of the National Guard Bureau and officers of the Army National Guard of the United States or the Air National Guard of the United States called to active duty under section 12402 of title 10 ( Aug. 10, 1956, ch. 1041 70A Stat. 599 Pub. L. 9083,  4 Sept. 11, 1967 81 Stat. 220 Pub. L. 92119,  1(a) Aug. 13, 1971 85 Stat. 340 Pub. L. 97258,  2(h) Sept. 13, 1982 96 Stat. 1061 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 103337, div. A, title XVI,  1676(a)(1) Oct. 5, 1994 108 Stat. 3019 Pub. L. 10585, div. A, title VI,  603(d)(4) Nov. 18, 1997 111 Stat. 1783 Pub. L. 108136, div. A, title V,  514(a) Nov. 24, 2003 117 Stat. 1460 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes   1956 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  107(a) 107(b)   107(c) 32:22 (less proviso). 32:22 (proviso, less words between 5th and 7th semicolons). 32:22 (words between 5th and 7th semicolons of proviso). June 3, 1916, ch. 134,  67 39 Stat. 199 Sept. 22, 1922, ch. 423,  3 42 Stat. 1034 Apr. 6, 1928, ch. 321 45 Stat. 406 In subsection (a), the words strengths in enlisted members of the active are substituted for the words number of enlisted men in active service. The words between the eighth and ninth semicolons of 32:22, relating to horses and draft animals, are omitted as obsolete, since no animals are now authorized for the National Guard. The words under section 106 of this title In subsection (b)(1) and (2), the words actual and are omitted as surplusage. In subsection (b)(2), the words Reserve Officers holding commission in the National Guard are omitted as covered by the words officers of a * * * reserve component of the Army or the Air Force. The words Army General Staff are substituted for the words War Department General Staff to conform to section 3031(b) of title 10 In subsection (c), the words under sections 251 and 252 of title 37 are substituted for the words provided in section 19 of title 37       1982 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  32:107(c) 31:698. Aug. 10, 1956, ch. 1041,  30 70A Stat. 632 The work appropriations is substituted for funds appropriated for consistency in the title. Editorial Notes Amendments 2006Subsec. (b). Pub. L. 109163 2003Subsec. (a)(2). Pub. L. 108136 1997Subsec. (b). Pub. L. 10585 1994Subsec. (c). Pub. L. 103337 1988Subsec. (b). Pub. L. 100456 1982Subsec. (c). Pub. L. 97258 1971 Pub. L. 92119,  1(a)(1) Subsec. (a). Pub. L. 92119,  1(a)(2) Subsecs. (b), (c). Pub. L. 92119,  1(a)(4) 1967Subsec. (c). Pub. L. 9083 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Pub. L. 108136, div. A, title V,  514(b) Nov. 24, 2003 117 Stat. 1460 The amendments made by subsection (a) [amending this section] shall not apply with respect to funds appropriated for a fiscal year before fiscal year 2004. Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5 Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 Department of Defense State Partnership Program Pub. L. 11366, div. A, title XII,  1205 Dec. 26, 2013 127 Stat. 897 Pub. L. 11492, div. A, title XII,  1203(a) Nov. 25, 2015 129 Stat. 10371039 Pub. L. 114328, div. A, title XII,  1246(e) Dec. 23, 2016 130 Stat. 2521 section 341 of Title 10 Limitation on Activities Under State Partnership Program Pending Compliance With Certain Program-Related Requirements Pub. L. 112239, div. A, title XII,  1204 Jan. 2, 2013 126 Stat. 1982  (a)  Limitation If both requirements specified in subsection (b) are not met as of February 28, 2013 (b)  Requirements The requirements specified in this subsection are the following: (1) The requirement for the Secretary of Defense to submit to the appropriate congressional committees the final regulations required by subsection (a) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 11184 123 Stat. 2517 32 U.S.C. 107 (2) A requirement for the Secretary of Defense to certify to the appropriate congressional committees that appropriate modifications have been made, and appropriate controls have been instituted, to ensure the compliance of the Program with section 1341 of title 31 (c)  Appropriate Congressional Committees Defined In this section, the term appropriate congressional committees has the meaning given that term in subsection (d) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010. Availability of Appropriated Funds for the State Partnership Program Pub. L. 11184, div. A, title XII,  1210 Oct. 28, 2009 123 Stat. 2517 Pub. L. 11366, div. A, title XII,  1205(h) Dec. 26, 2013 127 Stat. 899  108. Forfeiture of Federal benefits  If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law. ( Aug. 10, 1956, ch. 1041 70A Stat. 600 Pub. L. 103337, div. A, title IX,  904(c) Oct. 5, 1994 108 Stat. 2827        Historical and Revision Notes  Revised section Source (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. 103337 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 5, 1994 section 904(d) of Pub. L. 103337 section 10501 of Title 10  109. Maintenance of other troops (a) In time of peace, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c). (b) Nothing in this title limits the right of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary. (c) In addition to its National Guard, if any, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces. (d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States. (e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces. ( Aug. 10, 1956, ch. 1041 70A Stat. 600 Pub. L. 85861,  2(2) Sept. 2, 1958 72 Stat. 1542 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441 Pub. L. 111383, div. A, title X,  1075(h)(4)(B) Jan. 7, 2011 124 Stat. 4377        Historical and Revision Notes   1956 Act  Revised section Source (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 Oct. 21, 1940, ch. 904 Aug. 18, 1941, ch. 363 Oct. 1, 1942, ch. 570 June 26, 1944, ch. 279 Sept. 27, 1950, ch. 1058 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 32 Source (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 Editorial Notes Amendments 2011Subsecs. (a) to (c). Pub. L. 111383 Pub. L. 109163,  1057(b)(3) 2006Subsecs. (a) to (c). Pub. L. 109163,  1057(b)(3) Pub. L. 111383 1988Subsecs. (a) to (c). Pub. L. 100456 1958Subsecs. (a), (b). Pub. L. 85861,  2(2)(A) Subsecs. (c) to (e). Pub. L. 85861,  2(2)(B) Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 111383, div. A, title X,  1075(h) Jan. 7, 2011 124 Stat. 4377 Jan. 6, 2006 Pub. L. 109163  110. Regulations  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 section Source (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.  111. Suspension of certain provisions of this title  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 1 (Added Pub. L. 85861,  2(3) Sept. 2, 1958 72 Stat. 1543        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  111 50:1199 (as applicable to National Guard). Sept. 3, 1954, ch. 1257,  209 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 Editorial Notes  References in Text Section 323(e) of this title Pub. L. 103337, div. A, title XVI,  1630(2) Oct. 5, 1994 108 Stat. 2964 Executive Documents  Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968 section 301 of Title 3  112. Drug interdiction and counter-drug activities (a)  Funding Assistance The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a State drug interdiction and counter-drug activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: (1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of drug interdiction and counter-drug activities. (2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. (3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. (b)  Use of Personnel Performing Full-Time National Guard Duty (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State drug interdiction and counter-drug activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title (2) (A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title section 502(a)(1) of this title (B) Appropriations available for the Department of Defense for drug interdiction and counter-drug activities may be used for paying costs associated with a members participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements. (C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State drug interdiction and counter-drug activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the drug interdiction and counter-drug activities that units and personnel of the National Guard of a State may perform: (i) The performance of the activities may 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. (ii) National Guard personnel will not degrade their military skills as a result of performing the activities. (iii) The performance of the activities will not result in a significant increase in the cost of training. (iv) In the case of drug interdiction and counter-drug activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. (3) A unit or member of the National Guard of a State may be used, pursuant to a State drug interdiction and counter-drug activities plan approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under section 508 of this title (A) the State drug interdiction and counter-drug activities plan specifically recognizes the organization as being eligible to receive the services or assistance; (B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of section 508 of this title (C) the services or assistance is authorized under subsection (b) or (c) of such section or in the State drug interdiction and counter-drug activities plan. (c)  Plan Requirements A State drug interdiction and counter-drug activities plan shall (1) specify how personnel of the National Guard of that State are to be used in drug interdiction and counter-drug activities; (2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; (3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title (4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; (5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and (6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. (d)  Examination of Plan (1) Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary may provide for the use of personnel and equipment of the National Guard of that State to assist the Immigration and Naturalization Service in the transportation of aliens who have violated a Federal or State law prohibiting or regulating the possession, use, or distribution of a controlled substance. (2) Except as provided in paragraph (3), the Secretary shall carry out paragraph (1) in consultation with the Director of National Drug Control Policy. (3) Paragraph (2) shall not apply if (A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and (B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b). (e)  End Strength Limitation (1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4000 members of the National Guard (A) on full-time National Guard duty under section 502(f) of this title (B) on duty under State authority to perform drug interdiction or counter-drug activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). (2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. (f)  Annual Report The Secretary of Defense shall submit to Congress an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: (1) The number of members of the National Guard excluded under subsection (e) 1 1 (2) A description of the drug interdiction and counter-drug activities conducted under State drug interdiction and counter-drug activities plans referred to in subsection (c) with funds provided under this section. (3) An accounting of the amount of 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 activities under the State drug interdiction and counter-drug activities plans. (g)  Statutory Construction Nothing in this section 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 law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. (h)  Definitions For purposes of this section: (1) The term drug interdiction and counter-drug activities, with respect to the National Guard of a State, means the use of National Guard personnel in drug interdiction and counter-drug law enforcement activities, including drug demand reduction activities, authorized by the law of the State and requested by the Governor of the State. (2) The term Governor of a State means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. (3) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (Added Pub. L. 101189, div. A, title XII,  1207(a)(1) Nov. 29, 1989 103 Stat. 1564 Pub. L. 10225, title VII,  703 Apr. 6, 1991 105 Stat. 118 Pub. L. 102396, title IX,  9099A Oct. 6, 1992 106 Stat. 1926 Pub. L. 104106, div. A, title X,  1021 Feb. 10, 1996 110 Stat. 426 Pub. L. 104208, div. C, title VI,  660 Sept. 30, 1996 110 Stat. 3009720 Pub. L. 10585, div. A, title X,  1031 Nov. 18, 1997 111 Stat. 1880 Pub. L. 105261, div. A, title X,  1022 Oct. 17, 1998 112 Stat. 2120 Pub. L. 10665, div. A, title X,  1021 Oct. 5, 1999 113 Stat. 746 Pub. L. 108375, div. A, title IV,  416(k) Oct. 28, 2004 118 Stat. 1869  Editorial Notes  References in Text Subsection (e), referred to in subsec. (f)(1), was repealed and subsec. (f) was redesignated (e) by Pub. L. 108375, div. A, title IV,  416(k)(1) Oct. 28, 2004 118 Stat. 1869 Prior Provisions Similar provisions were contained in Pub. L. 100456, div. A, title XI,  1105 Sept. 29, 1988 102 Stat. 2047 section 374 of Title 10 Pub. L. 101189,  1207(b) Amendments 2004Subsec. (e). Pub. L. 108375,  416(k)(1) Subsec. (e)(1)(A), (B). Pub. L. 108375,  416(k)(3) Subsecs. (f) to (i). Pub. L. 108375,  416(k)(2) 1999Subsec. (a)(3). Pub. L. 10665 1998Subsec. (a). Pub. L. 105261,  1022(e)(1) Subsec. (a)(1). Pub. L. 105261,  1022(e)(2) Subsec. (a)(2). Pub. L. 105261,  1022(e)(2) Subsec. (a)(3). Pub. L. 105261,  1022(a) Subsec. (b)(2). Pub. L. 105261,  1022(b) section 2012(d) of title 10 Subsec. (b)(3). Pub. L. 105261,  1022(c) Section 508 of this title Subsec. (i)(1). Pub. L. 105261,  1022(d) 1997Subsec. (b). Pub. L. 10585,  1031(a) Subsec. (c)(4) to (6). Pub. L. 10585,  1031(b)(1) Subsec. (e). Pub. L. 10585,  1031(d) Subsecs. (g) to (i). Pub. L. 10585,  1031(c) 1996Subsec. (a). Pub. L. 104106,  1021(a) (1) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State used for (A) the purpose of drug interdiction and counter-drug activities; and (B) the operation and maintenance of the equipment and facilities of the National Guard of that State used for that purpose; and (2) the procurement of services and leasing of equipment for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. Subsec. (b). Pub. L. 104106,  1021(e) Subsec. (c). Pub. L. 104106,  1021(c) Pub. L. 104106,  1021(b)(3) Subsec. (d). Pub. L. 104106,  1021(b)(3) Subsec. (d)(1). Pub. L. 104208 Pub. L. 104106,  1021(d)(1) Subsec. (d)(3)(A). Pub. L. 104106,  1021(d)(2)(A) Subsec. (d)(3)(B). Pub. L. 104106,  1021(d)(2)(B) Subsec. (e)(1). Pub. L. 104106,  1021(h)(1) Subsec. (e)(2). Pub. L. 104106,  1021(h)(2) Subsec. (f). Pub. L. 104106,  1021(f) Subsec. (g). Pub. L. 104106,  1021(b)(2) Subsec. (h). Pub. L. 104106,  1021(b)(1) Subsec. (h)(1). Pub. L. 104106,  1021(g) 1992Subsec. (e)(1). Pub. L. 102396 1991Subsec. (c)(2). Pub. L. 10225 (A) the Attorney General of the United States in the case of a plan submitted for fiscal year 1990; and (B) the Director of National Drug Control Policy in the case of a plan submitted for subsequent fiscal years. Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective Dec. 31, 2021 section 1061 of Pub. L. 114328 section 111 of Title 10  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8 National Guard Counterdrug Schools Pub. L. 109469, title IX,  901 Dec. 29, 2006 120 Stat. 3536 Pub. L. 112239, div. A, title X,  1008 Jan. 2, 2013 126 Stat. 1905 Pub. L. 114328, div. A, title X,  1012 Dec. 23, 2016 130 Stat. 2385  (a)  Authority To Operate Under such regulations as the Secretary of Defense may prescribe, the Chief of the National Guard Bureau may establish and operate, or provide financial assistance to the States to establish and operate, not more than 5 schools (to be known generally as National Guard counterdrug schools). (b)  Purpose The purpose of the National Guard counterdrug schools shall be the provision by the National Guard of training in drug interdiction and counterdrug activities and drug demand reduction activities to personnel of the following: (1) Federal agencies. (2) State, local, and tribal law enforcement agencies. (3) Community-based organizations engaged in such activities. (4) Other non-Federal governmental and private entities and organizations engaged in such activities. (c)  Counterdrug Schools Specified The National Guard counterdrug schools operated under the authority in subsection (a) are as follows: (1) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida. (2) The Midwest Counterdrug Training Center (MCTC), Johnston, Iowa. (3) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi. (4) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania. (5) The Western Regional Counterdrug Training Center, Camp Murray, Washington. (d)  Use of National Guard Personnel. (1)  In general To the extent provided for in the State drug interdiction and counterdrug activities plan of a State in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered to perform full-time National Guard duty authorized under section 112(b) of title 32 (2)  Definition In this subsection, the term State drug interdiction and counterdrug activities plan, in the case of a State, means the current plan submitted by the Governor of the State to the Secretary of Defense under section 112 of title 32 (e)  Curriculum Review The Secretary of Defense shall review the curriculum and program structure of each school established under this section. (f)  Treatment Under Authority To Provide Counterdrug Support The provisions of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101510 10 U.S.C. 374 (g)  Annual Report on Activities Not later than February 1 each year, the Secretary of Defense shall submit to Congress a report on the activities of the National Guard counterdrug schools during the preceding year. Each such report shall set forth a description of the activities of each National Guard counterdrug school for the fiscal year preceding the fiscal year during which the report is submitted, including (1) the amount of funding made available and the appropriation account for each National Guard counterdrug school during such fiscal year; (2) the cumulative amount of funding made available for each National Guard counterdrug school during five fiscal years preceding such fiscal year; (3) a description of the curriculum and training used at each National Guard counterdrug school; (4) a description of how the activities conducted at each National Guard counterdrug school fulfilled Department of Defense counterdrug mission; (5) a list of the entities described in subsection (b) whose personnel received training at each National Guard counterdrug school; and (6) updates, if any, to the Department of Defense regulations prescribed under subsection (a). (h)  Authorization of Appropriations. (1)  In general Not more than $30,000,000 may be expended by the Secretary of Defense for purposes of the National Guard counterdrug schools in any fiscal year. (2)  Construction The amount expended pursuant to paragraph (1) for a fiscal year is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for such fiscal year. [For termination, effective Dec. 31, 2021 section 901(g) of Pub. L. 109469 section 1061 of Pub. L. 114328 section 111 of Title 10  113. Federal financial assistance for support of additional duties assigned to the Army National Guard (a)  Authority The Secretary of the Army may provide financial assistance to a State to support activities carried out by the Army National Guard of the State in the performance of duties that the Secretary has assigned, with the consent of the Chief of the National Guard Bureau, to the Army National Guard of the State. The Secretary shall determine the amount of the assistance that is appropriate for the purpose. (b)  Covered Activities (1) Except as provided in paragraph (2), financial assistance may be provided for the performance of an activity by the Army National Guard under subsection (a) only if (A) the activity is carried out in the performance of a responsibility of the Secretary of the Army under paragraph (6), (10), or (11) of section 7013(b) of title 10 (B) the Army National Guard was selected to perform the activity under competitive procedures that permit all qualified public-sector and private-sector sources to submit offers and be considered for selection to perform the activity on the basis of the offers, subject to the exceptions provided in section 3204(a) of title 10 (2) Paragraph (1)(B) does not apply to an activity that, on October 17, 1998 (c)  Disbursement Through National Guard Bureau The Secretary of the Army shall disburse any contribution under this section through the Chief of the National Guard Bureau. (d)  Availability of Funds Funds appropriated for the Army for a fiscal year are available for providing financial assistance under this section in support of activities carried out by the Army National Guard during that fiscal year. (Added Pub. L. 10585, div. A, title III,  386(a) Nov. 18, 1997 111 Stat. 1712 Pub. L. 105261, div. A, title III,  375(a) Oct. 17, 1998 112 Stat. 1992 Pub. L. 10665, div. A, title X,  1066(d)(4) Oct. 5, 1999 113 Stat. 773 Pub. L. 108375, div. A, title VIII,  806 Oct. 28, 2004 118 Stat. 2010 Pub. L. 115232, div. A, title VIII,  809(j) Aug. 13, 2018 132 Stat. 1843 Pub. L. 11781, div. A, title XVII,  1702(f)(1) Dec. 27, 2021 135 Stat. 2157  Editorial Notes Amendments 2021Subsec. (b)(1)(B). Pub. L. 11781 2018Subsec. (b)(1)(A). Pub. L. 115232 section 7013(b) of title 10 section 3013(b) of title 10 2004Subsec. (b)(1)(B). Pub. L. 108375 section 2304(c) of title 10 1999Subsec. (b)(2). Pub. L. 10665 October 17, 1998 1998Subsec. (b). Pub. L. 105261 section 3013(b) of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10 Effective Date of 1998 Amendment Pub. L. 105261, div. A, title III,  375(b) Oct. 17, 1998 112 Stat. 1993  Subsection (b)(1)(B) of section 113 of title 32 (1) financial assistance provided under that section before October 1, 1998 (2) financial assistance for an activity that, before May 9, 1998  114. Funeral honors functions at funerals for veterans  Subject to such regulations and restrictions as may be prescribed by the Secretary concerned, the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 115 of this title (Added Pub. L. 10585, div. A, title V,  517(a)(1) Nov. 18, 1997 111 Stat. 1733 Pub. L. 105261, div. A, title V,  567(d) Oct. 17, 1998 112 Stat. 2031 Pub. L. 10665, div. A, title V,  578(g)(1) Oct. 5, 1999 113 Stat. 627  Editorial Notes Amendments 1999 Pub. L. 10665 section 115 of this title 1998 Pub. L. 105261  115. Funeral honors duty performed as a Federal function (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 (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 (2) as directed by the Secretary concerned, either (A) the allowance under section 435 of title 37 (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 (d)  Regulations The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense. (Added Pub. L. 10665, div. A, title V,  578(g)(2) Oct. 5, 1999 113 Stat. 627 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title V,  562(b) Dec. 28, 2001 115 Stat. 1119 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(e) Dec. 23, 2022 136 Stat. 2629  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263,  626(e)(1) Subsec. (b)(2)(A). Pub. L. 117263,  626(e)(2) Subsec. (c). Pub. L. 117263,  626(e)(3) 2013Subsecs. (a), (b)(2)(A). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsecs. (a), (b)(2)(A). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 2001Subsec. (a). Pub. L. 107107 2000Subsec. (b)(2). Pub. L. 106398 section 435 of title 37 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 2001 Amendment Amendment by Pub. L. 107107 Oct. 30, 2000 section 562(c) of Pub. L. 107107 section 12503 of Title 10 Effective Date of 2000 Amendment Amendment by Pub. L. 106398 Oct. 1, 2000 Pub. L. 106398 section 12503 of Title 10 CHAPTER 3 PERSONNEL    Sec.  301. Federal recognition of enlisted members.  302. Enlistments, reenlistments, and extensions.  303. Active and inactive enlistments and transfers.  304. Enlistment oath.  305. Federal recognition of commissioned officers: persons eligible.  307. Federal recognition of officers: examination; certificate of eligibility.  308. Federal recognition of officers: temporary recognition.  309. Federal recognition of National Guard officers: officers promoted to fill vacancies.  310. Federal recognition of National Guard officers: automatic recognition.  312. Appointment oath.  313. Appointments and enlistments: age limitations.  314. Adjutants general.  315. Detail of regular members of Army and Air Force to duty with National Guard.  316. Detail of members of Army National Guard for rifle instruction of civilians.  317. Command during joint exercises with Federal troops.  [ 318 321. Repealed.]  322. Discharge of enlisted members.  323. Withdrawal of Federal recognition.  324. Discharge of officers; termination of appointment.  325. Relief from National Guard duty when ordered to active duty.  326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures.  327. Courts-martial of National Guard not in Federal service: convening authority.  328. Active Guard and Reserve duty: Governors authority.  329. Prohibition on private funding for interstate deployment.  [ 330 335. Repealed.]  Editorial Notes Amendments 2021 Pub. L. 11781, div. A, title V,  512(b) Dec. 27, 2021 135 Stat. 1683 2006 Pub. L. 109364, div. A, title V,  526(b) Oct. 17, 2006 120 Stat. 2196 2002 Pub. L. 107314, div. A, title V,  512(d) Dec. 2, 2002 116 Stat. 2537 1994 Pub. L. 103337, div. A, title XVI,  1676(a)(4) Oct. 5, 1994 108 Stat. 3019 1986 Pub. L. 99661, div. A, title VI,  604(f)(2)(B) Nov. 14, 1986 100 Stat. 3878 section 318 of this title 1984 Pub. L. 98525, title IV,  414(b)(2)(B) Oct. 19, 1984 98 Stat. 2519 1983 Pub. L. 9894, title V,  504(b)(2) Sept. 24, 1983 97 Stat. 632 1981 Pub. L. 97124,  3 Dec. 29, 1981 95 Stat. 1666 1980 Pub. L. 96513, title V,  515(1) Dec. 12, 1980 94 Stat. 2937 1976 Pub. L. 94464,  2(c) Oct. 8, 1976 90 Stat. 1988 1961 Pub. L. 87378,  5(2) Oct. 4, 1961 75 Stat. 808 1958 Pub. L. 85861,  2(8) Sept. 2, 1958 72 Stat. 1544 Statutory Notes and Related Subsidiaries Removal of Restrictions on the Transfer of Officers Between the Active and Inactive National Guard Pub. L. 11366, div. A, title V,  512 Dec. 26, 2013 127 Stat. 752 Pub. L. 114328, div. A, title V,  514 Dec. 23, 2016 130 Stat. 2113  (a)  Army National Guard During the period ending on December 31, 2019 (1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard. (2) An officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. (b)  Air National Guard During the period ending on December 31, 2019 (1) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard. (2) An officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.  301. Federal recognition of enlisted members  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 section Source (U.S. Code) Source (Statutes at Large)  301 50:1113(a) (as applicable to enlisted members). July 9, 1952, ch. 608,  703(a) 66 Stat. 502  302. Enlistments, reenlistments, and extensions (a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for (1) any specified term, not less than three years, for persons who have not served in an armed force; or (2) any specified term, not less than one year, for persons who have served in any armed force. (b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period. (c) Enlistments or reenlistments in the National Guard may be extended (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or (2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency. ( Aug. 10, 1956, ch. 1041 70A Stat. 601 Pub. L. 87378,  5(1) Oct. 4, 1961 75 Stat. 808        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  302 32:124. June 3, 1916, ch. 134,  69 July 11, 1919, ch. 8 June 4, 1920, ch. 227 June 6, 1924, ch. 275,  4 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. 87378 Statutory Notes and Related Subsidiaries Effective Date of 1961 Amendment Pub. L. 87378,  6 Oct. 4, 1961 75 Stat. 808 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  303. Active and inactive enlistments and transfers (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. 87649,  14e(1) Sept. 7, 1962 76 Stat. 502 Pub. L. 96513, title V,  515(2) Dec. 12, 1980 94 Stat. 2937        Historical and Revision Notes  Revised section Source (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 June 4, 1920, ch. 227 Feb. 28, 1925, ch. 371,  2 June 15, 1933, ch. 87,  15 48 Stat. 159 July 9, 1952, ch. 608,  806(f) 66 Stat. 507   June 3, 1916, ch. 134,  110 Sept. 22, 1922, ch. 423,  6 May 12, 1928, ch. 529 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 1980Subsecs. (c), (d). Pub. L. 96513 1962Subsec. (c). Pub. L. 87649 section 301 of title 37 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1962 Amendment Amendment by Pub. L. 87649 Nov. 1, 1962 section 15 of Pub. L. 87649 section 101 of Title 37  304. Enlistment oath  Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: I do hereby acknowledge to have voluntarily enlisted this __ day of ____, 19_, in the ______ National Guard of the State of ______ for a period of __ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority. I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ______ and the orders of the officers appointed over me, according to law and regulations. So help me God. The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard. ( Aug. 10, 1956, ch. 1041 70A Stat. 602 Pub. L. 87751,  2 Oct. 5, 1962 76 Stat. 748 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  304 32:123. June 3, 1916, ch. 134,  70 June 4, 1920, ch. 227 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 Editorial Notes Amendments 1988 Pub. L. 100456 1962 Pub. L. 87751 Statutory Notes and Related Subsidiaries Effective Date of 1962 Amendment Amendment by Pub. L. 87751 Oct. 5, 1962 section 3 of Pub. L. 87751 section 502 of Title 10  305. Federal recognition of commissioned officers: persons eligible (a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard: (1) Members of the National Guard. (2) Members of the armed forces. (3) Former officers of the armed forces. (4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy. (6) Graduates of a school, college, university, or officers training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer. (7) Civilians who are specially qualified for duty in a technical or staff branch or organization. (b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse. ( Aug. 10, 1956, ch. 1041 70A Stat. 602 Pub. L. 85861,  2(5) Sept. 2, 1958 72 Stat. 1543 Pub. L. 90130,  2(1) Nov. 8, 1967 81 Stat. 383 Pub. L. 108375, div. A, title V,  505 Oct. 28, 2004 118 Stat. 1875 Pub. L. 111383, div. A, title V,  517 Jan. 7, 2011 124 Stat. 4214        Historical and Revision Notes   1956 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  305 32:111 (less 37th through 54th words). June 3, 1916, ch. 134,  74 June 4, 1920, ch. 227 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 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 32 Source (U.S. Code) Source (Statutes at Large)  305(b) 32 App.:4 (less applicability to age). July 30, 1956, ch. 789 70 Stat. 729 The words who are citizens of the United States are omitted as covered by section 313(b) of this title section 307(a)(2) of this title Editorial Notes Amendments 2011Subsec. (a)(5). Pub. L. 111383 2004Subsec. (a)(2) to (4). Pub. L. 108375,  505(1) Subsec. (a)(5). Pub. L. 108375,  505(2) 1967Subsec. (a). Pub. L. 90130,  2(1)(A) Subsec. (b). Pub. L. 90130,  2(1)(B) 1958Subsec. (a). Pub. L. 85861,  2(5)(A) Subsec. (b). Pub. L. 85861,  2(5)(B)  307. Federal recognition of officers: examination; certificate of eligibility (a) To be eligible for Federal recognition as an officer of the National Guard, a person must (1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard; (2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and (3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title (b) The examination prescribed by subsection (a) (1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and (2) may be held before original appointment or promotion. (c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition. (d) Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. (e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade. (f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. ( Aug. 10, 1956, ch. 1041 70A Stat. 602 Pub. L. 85861,  2(6) Sept. 2, 1958 72 Stat. 1543 Pub. L. 92492,  2(b) Oct. 13, 1972 86 Stat. 810 Pub. L. 96535 Dec. 16, 1980 94 Stat. 3165 Pub. L. 103337, div. A, title XVI,  1676(a)(2) Oct. 5, 1994 108 Stat. 3019        Historical and Revision Notes   1956 Act  Revised section Source (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 June 4, 1920, ch. 227 41 Stat. 781 June 3, 1916, ch. 134,  75 June 15, 1933, ch. 87,  12 48 Stat. 158 July 9, 1952, ch. 608,  803 66 Stat. 505   July 9, 1952, ch. 608 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       1958 Act  Section of title 32 Source (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 Editorial Notes Amendments 1994Subsec. (a)(3). Pub. L. 103337 1980Subsec. (g). Pub. L. 96535 1972Subsec. (g). Pub. L. 92492 1958Subsec. (a)(3). Pub. L. 85861,  2(6)(A) Subsecs. (e), (f). Pub. L. 85861,  2(6)(B) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 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  308. Federal recognition of officers: temporary recognition (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 (b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be. ( Aug. 10, 1956, ch. 1041 70A Stat. 603 Pub. L. 110181, div. A, title V,  514 Jan. 28, 2008 122 Stat. 99        Historical and Revision Notes  Revised section Source (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 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 2008Subsec. (a). Pub. L. 110181  309. Federal recognition of National Guard officers: officers promoted to fill vacancies  Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10 (Added Pub. L. 85861,  2(7) Sept. 2, 1958 72 Stat. 1543 Pub. L. 103337, div. A, title XVI,  1630(1) Oct. 5, 1994 108 Stat. 2963        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  309 50:1251. Sept. 3, 1954, ch. 1257,  319 68 Stat. 1160 The words authorized under section 1227(a) of this title Editorial Notes Amendments 1994 Pub. L. 103337 section 3363(b) of title 10 section 3363(b) of title 10 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 1, 1996 section 1691 of Pub. L. 103337 section 10001 of Title 10 Suspension of This Section For authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title  310. Federal recognition of National Guard officers: automatic recognition (a) (1) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in section 14303(a)(1) of title 10 (2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W1, of the National Guard is promoted to the grade of chief warrant officer, W2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under section 12242 of title 10 (b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade in which the officer is so appointed in the National Guard if the officer has been recommended for promotion under chapter 1405 of title 10 and has remained in an active status since the officer was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the National Guard. (Added Pub. L. 85861,  2(7) Sept. 2, 1958 72 Stat. 1544 Pub. L. 103337, div. A, title XVI,  1630(1) Oct. 5, 1994 108 Stat. 2964 Pub. L. 112239, div. A, title V,  512 Jan. 2, 2013 126 Stat. 1718        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  310(a) 310(b) 50:1252 (less (2)). 50:1252(2). Sept. 3, 1954, ch. 1257,  320 68 Stat. 1160 In subsections (a) and (b), the words federally recognized are inserted for clarity. In subsection (a), the words or the date of the promotion, whichever is later are omitted as inconsistent with section 3820(c) of title 10 Jan. 7, 1957 Editorial Notes Amendments 2013Subsec. (a). Pub. L. 112239 1994 Pub. L. 103337 (a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the Army National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade of first lieutenant, effective as of the date on which he completes three years of service computed under section 3360(a) of title 10 (b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the Army National Guard to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade in which he is so appointed in the Army National Guard, if he has been recommended for promotion to the grade concerned under section 3366, 3367, 3370, or 3383 of title 10 and has remained in an active status since he was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the Army National Guard. Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 1, 1996 section 1691(b)(1) of Pub. L. 103337 section 10001 of Title 10 Suspension of This Section For authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title  312. Appointment oath  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 section Source (U.S. Code) Source (Statutes at Large)  312 32:112. June 3, 1916, ch. 134,  73 June 15, 1933, ch. 87,  11 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.  313. Appointments and enlistments: age limitations (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age. (b) To be eligible for appointment as an officer of the National Guard, a person must (1) be a citizen of the United States; and (2) be at least 18 years of age and under 64. ( Aug. 10, 1956, ch. 1041 70A Stat. 604 Pub. L. 85861,  2(9) Sept. 2, 1958 72 Stat. 1544 Pub. L. 90130,  2(2) Nov. 8, 1967 81 Stat. 383        Historical and Revision Notes   1956 Act  Revised section Source (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 Feb. 28, 1925, ch. 371,  1 June 15, 1933, ch. 87,  5 48 Stat. 155 June 19, 1935, ch. 277,  2 49 Stat. 391 June 28, 1947, ch. 162,  7  57 of the Act of June 3, 1916, ch. 134 61 Stat. 192 July 9, 1952, ch. 608 66 Stat. 505 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 32 Source (U.S. Code) Source (Statutes at Large)  313(b) 32 App.:4 (as applicable to age). July 30, 1956, ch. 789,  2 70 Stat. 729 Editorial Notes Amendments 1967Subsec. (b)(3). Pub. L. 90130 1958Subsec. (b). Pub. L. 85861  314. Adjutants general (a) There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction. (b) The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications. (c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade. (d) The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him. ( Aug. 10, 1956, ch. 1041 70A Stat. 604 Pub. L. 85894 Sept. 2, 1958 72 Stat. 1713 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 101510, div. A, title XIII,  1322(b) Nov. 5, 1990 104 Stat. 1672 Pub. L. 102190, div. A, title V,  553 Dec. 5, 1991 105 Stat. 1371 Pub. L. 109163, div. A, title X,  1057(b)(2) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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 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 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 2006Subsecs. (a), (d). Pub. L. 109163 1991Subsec. (b). Pub. L. 102190 1990Subsec. (d). Pub. L. 101510 1988Subsec. (a). Pub. L. 100456,  1234(b)(1) Subsec. (b). Pub. L. 100456,  1234(b)(5) Subsec. (d). Pub. L. 100456,  1234(b)(1) 1958Subsec. (b). Pub. L. 85894  315. Detail of regular members of Army and Air Force to duty with National Guard (a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the Presidents discretion, without prejudicing his rank and without vacating his regular appointment. (b) The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. ( Aug. 10, 1956, ch. 1041 70A Stat. 604 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(2) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  315(a)  315(b) 32:68 (less 2d sentence). 32:69. 32:68 (2d sentence). June 3, 1916, ch. 134,  100 39 Stat. 208 In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the assignment or detail of retired officers to that duty are covered by section 3504(a) or 8504(a) of title 10. The words of the active list, in 32:68, are omitted for the same reason. The words so detailed are substituted for the words detailed under section 68 of this title Editorial Notes Amendments 2006 Pub. L. 109163 1988Subsecs. (a), (b). Pub. L. 100456 Executive Documents  Delegation of Functions and Authority Under Sections 315 and 325 of Title 32, United States Code Memorandum of President of the United States, Apr. 14, 2011 Memorandum for the Secretary of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 section 315 of title 32 section 325 of title 32 This delegation of functions and authority supersedes and replaces the July 23, 2004 section 325 of title 32 You are further authorized and directed to make necessary arrangements to fund the exercise of these functions and authority from the proper appropriation, prescribe regulations to implement these functions and authority, and to publish this memorandum in the Federal Register.  Barack Obama.  316. Detail of members of Army National Guard for rifle instruction of civilians  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 section Source (U.S. Code) Source (Statutes at Large)  316 32:183. June 3, 1916, ch. 134,  113 39 Stat. 211 The word civilians is substituted for the word citizenry. The word capable is omitted as surplusage.  317. Command during joint exercises with Federal troops  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 section Source (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. 11281, div. A, title V,  515(c) Dec. 31, 2011 125 Stat. 1395  (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 (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. [ 318 to 321. Repealed. Pub. L. 99661, 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. 85861,  33(c)(1) 72 Stat. 1567 Sept. 7, 1962 Pub. L. 87649,  8(a) 76 Stat. 495  Section 319, act Aug. 10, 1956, ch. 1041 70A Stat. 605 section 318 of this title  Section 320, act Aug. 10, 1956, ch. 1041 70A Stat. 606  Section 321, acts Aug. 10, 1956, ch. 1041 70A Stat. 606 Sept. 2, 1958 Pub. L. 85861,  2(10) 72 Stat. 1544 Sept. 7, 1962 Pub. L. 87649,  8(b) 76 Stat. 495 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal applicable with respect to persons who, after Nov. 14, 1986 section 604(g) of Pub. L. 99661 section 1074a of Title 10  322. Discharge of enlisted members (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 section Source (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 June 4, 1920, ch. 227 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 Sept. 22, 1922, ch. 423,  6 May 12, 1928, ch. 529 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.  323. Withdrawal of Federal recognition (a) Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title (b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of (1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or (2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard. If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn. (c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn. (d) The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is (1) federally recognized as an officer of the National Guard; and (2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10; shall, if not sooner withdrawn, be withdrawn on the date of such involuntary transfer or discharge. ( Aug. 10, 1956, ch. 1041 70A Stat. 607 Pub. L. 85861 Sept. 2, 1958 72 Stat. 1546 Pub. L. 103337, div. A, title XVI Oct. 5, 1994 108 Stat. 2964        Historical and Revision Notes   1956 Act  Revised section Source (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 June 15, 1933, ch. 87,  13 48 Stat. 158   June 3, 1916, ch. 134,  110 Sept. 22, 1922, ch. 423,  6 May 12, 1928, ch. 529 45 Stat. 501   July 9, 1952, ch. 608,  706 66 Stat. 503 In subsection (a) the words ceases to have the qualifications prescribed under section 300 of this title section 309(c) of this title In subsection (b), the words or warrant officer are omitted, since section 101(9) of this title 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 32 Source (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 68 Stat. 1161 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 32 U.S.C. 115 In subsection (d), the words notwithstanding section 115 of title 32 In subsection (e), the words if appropriate are omitted as surplusage. Editorial Notes Amendments 1994Subsec. (c). Pub. L. 103337,  1676(a)(3) Subsecs. (d), (e). Pub. L. 103337,  1630(2) (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 (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. 1958Subsec. (b)(1). Pub. L. 85861,  33(c)(2) Subsec. (b)(2). Pub. L. 85861,  33(c)(2) Subsecs. (d), (e). Pub. L. 85861,  2(11) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by section 1676(a)(3) of Pub. L. 103337 Dec. 1, 1994 section 1630(2) of Pub. L. 103337 Oct. 1, 1996 section 1691 of Pub. L. 103337 section 10001 of Title 10 Effective Date of 1958 Amendment Amendment by section 33(c)(2) of Pub. L. 85861 Aug. 10, 1956 section 33(g) of Pub. L. 85861 section 101 of Title 10 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  324. Discharge of officers; termination of appointment (a) An officer of the National Guard shall be discharged when (1) he becomes 64 years of age; or (2) his Federal recognition is withdrawn. The official who would be authorized to appoint him shall give him a discharge certificate. (b) Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member. (c) Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officers consent, until the date on which the officer becomes 68 years of age. ( Aug. 10, 1956, ch. 1041 70A Stat. 607 Pub. L. 100456, div. A, title XII,  1234(b)(6) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(5) Jan. 6, 2006 119 Stat. 3441 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4442 Pub. L. 111383, div. A, title X,  1075(h)(4)(C) Jan. 7, 2011 124 Stat. 4377        Historical and Revision Notes  Revised section Source (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 June 15, 1933, ch. 87,  14 June 19, 1935, ch. 277,  4 49 Stat. 391 July 9, 1952, ch. 608,  803 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 2011Subsec. (b). Pub. L. 111383 Pub. L. 109163,  1057(b)(5) 2008Subsec. (c). Pub. L. 110417 2006Subsec. (b). Pub. L. 109163,  1057(b)(5) Pub. L. 111383 1988Subsec. (b). Pub. L. 100456 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 111383, div. A, title X,  1075(h) Jan. 7, 2011 124 Stat. 4377 Jan. 6, 2006 Pub. L. 109163  325. Relief from National Guard duty when ordered to active duty (a)  Relief Required (1) Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty. (2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if (A) the President authorizes such service in both duty statuses; and (B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses. (b)  Advance Authorization and Consent The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit. (c)  Return to State Status So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty. ( Aug. 10, 1956, ch. 1041 70A Stat. 607 Pub. L. 100456, div. A, title XII,  1234(b)(6) Sept. 29, 1988 102 Stat. 2059 Pub. L. 108136, div. A, title V,  516 Nov. 24, 2003 117 Stat. 1461 Pub. L. 109163, div. A, title X,  1057(b)(6) Jan. 6, 2006 119 Stat. 3442 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4442        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  325(a) 325(b) 50:1120. 50:1122(b) (less last 17 words). July 9, 1952, ch. 608 66 Stat. 503 In subsection (a), the words in the service of the United States are omitted as surplusage. The words effective date of his order to active duty until he is relieved from that duty are substituted for the words active-duty date of the orders and for as long as they remain on active duty in the service of the United States. 50:1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force. In subsection (b), the words upon relief from that duty are substituted for the words upon being relieved from active duty. The words their National Guard status are substituted for the words to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia. Editorial Notes Amendments 2008Subsec. (a)(2). Pub. L. 110417,  517(a) Subsecs. (b), (c). Pub. L. 110417,  517(b) 2006Subsec. (a). Pub. L. 109163 2003Subsec. (a). Pub. L. 108136,  516(a) Relief Required Subsec. (b). Pub. L. 108136,  516(b) 1988Subsec. (a). Pub. L. 100456 Executive Documents  Delegation of Functions Functions and authority of President under this section delegated to the Secretary of Defense, see Memorandum of President of the United States, Apr. 14, 2011 section 315 of this title  National Guard Support for 2004 Democratic and Republican National Conventions and Other Appropriate Events Memorandum of President of the United States, July 23, 2004 Apr. 14, 2011 section 315 of this title  326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures  In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. ( Aug. 10, 1956, ch. 1041 70A Stat. 608 Pub. L. 107314, div. A, title V,  512(a) Dec. 2, 2002 116 Stat. 2537 Pub. L. 109163, div. A, title X,  1057(b)(7) Jan. 6, 2006 119 Stat. 3442        Historical and Revision Notes  Revised section Source (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. 109163 2002 Pub. L. 107314  327. Courts-martial of National Guard not in Federal service: convening authority (a) In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (b) In the National Guard not in Federal service (1) general courts-martial may be convened by the President; (2) special courts-martial may be convened (A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or (B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and (3) summary courts-martial may be convened (A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or (B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment. (c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a). ( Aug. 10, 1956, ch. 1041 70A Stat. 608 Pub. L. 100456, div. A, title XII,  1234(b)(4) Sept. 29, 1988 102 Stat. 2059 Pub. L. 107314, div. A, title V,  512(b) Dec. 2, 2002 116 Stat. 2537 Pub. L. 109163, div. A, title X,  1057(b)(7) Jan. 6, 2006 119 Stat. 3442        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  327(a) 327(b) 32:92 (1st 46 words). 32:92 (less 1st 46 words). June 3, 1916, ch. 134,  103 39 Stat. 208 In subsection (a), the words Federal service are substituted for the words service of the United States. In subsection (b), the words A general court-martial may sentence to are substituted for the words and such courts shall have the power to impose * * * to sentence. The words any combination of these punishments are substituted for the words or any two or more of such punishments may be combined in the sentences imposed by such courts. Editorial Notes Amendments 2006Subsec. (a). Pub. L. 109163 2002 Pub. L. 107314 (a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia. (b) A general court-martial may sentence to (1) a fine of not more than $200; (2) forfeiture of pay and allowances; (3) a reprimand; (4) dismissal or dishonorable discharge; (5) reduction of a noncommissioned officer to the ranks; or (6) any combination of these punishments. 1988Subsec. (a). Pub. L. 100456 Statutory Notes and Related Subsidiaries Models for State Code of Military Justice and State Manual for Courts-Martial Pub. L. 107314, div. A, title V,  512(e) Dec. 2, 2002 116 Stat. 2537  (1) The Secretary of Defense shall prepare a model State code of military justice and a model State manual for courts-martial to recommend to the States for use with respect to the National Guard not in Federal service. Both such models shall be consistent with the recommendations contained in the report that was issued in 1998 by the Department of Defense Panel to Study Military Justice in the National Guard not in Federal Service. (2) The Secretary shall ensure that adequate support for the preparation of the model State code of military justice and the model State manual for courts-martial (including the detailing of attorneys and other personnel) is provided by the General Counsel of the Department of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau. (3) If the funds available to the Chief of the National Guard Bureau are insufficient for paying the cost of the National Guard Bureau support required under paragraph (2) (including increased costs of pay of members of the National Guard for additional active duty necessitated by such requirement and increased cost of detailed attorneys and other staff, allowances, and travel expenses related to such support), the Secretary shall, upon request made by the Chief of the Bureau, provide such additional funding as the Secretary determines necessary to satisfy the requirement for such support. (4) Not later than one year after the date of the enactment of this Act [ Dec. 2, 2002 (5) In this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.  328. Active Guard and Reserve duty: Governors authority (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 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 (c)  Waiver Authority (1) Notwithstanding section 101(d)(6)(A) of title 10 (2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title (3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time. (4) The authority under paragraph (1) shall terminate on October 1, 2024 (Added Pub. L. 109364, div. A, title V,  526(a) Oct. 17, 2006 120 Stat. 2196 Pub. L. 117263, 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 Pub. L. 107314, div. A, title V,  512(c) Dec. 2, 2002 116 Stat. 2537 Dec. 2, 2002 Amendments 2022Subsec. (c). Pub. L. 117263  329. Prohibition on private funding for interstate deployment  A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (Added Pub. L. 11781, div. A, title V,  512(a) Dec. 27, 2021 135 Stat. 1682  Prior Provisions A prior section 329, act Aug. 10, 1956, ch. 1041 70A Stat. 608 Pub. L. 107314, div. A, title V,  512(c)(1) Dec. 2, 2002 116 Stat. 2537 [ 330 to 333. Repealed. Pub. L. 107314, div. A, title V,  512(c)(1) Dec. 2, 2002 116 Stat. 2537   Section 330, act Aug. 10, 1956, ch. 1041 70A Stat. 609  Section 331, acts Aug. 10, 1956, ch. 1041 70A Stat. 609 Pub. L. 100456, div. A, title XII,  1234(b)(3) Sept. 29, 1988 102 Stat. 2059  Section 332, act Aug. 10, 1956, ch. 1041 70A Stat. 609  Section 333, acts Aug. 10, 1956, ch. 1041 70A Stat. 609 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 107314, div. A, title V,  512(c)(2) Dec. 2, 2002 116 Stat. 2537 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 [ 334. Repealed. Pub. L. 97124,  3 Dec. 29, 1981 95 Stat. 1666   Section, added Pub. L. 94464,  2(b) Oct. 8, 1976 90 Stat. 1986 Pub. L. 96513, title V,  515(3) Dec. 12, 1980 94 Stat. 2937 Statutory Notes and Related Subsidiaries Amendment After Repeal Pub. L. 97258,  3(h)(1) Sept. 13, 1982 96 Stat. 1065 section 1304 of title 31 section 1302 of the Act of July 27, 1956 31 U.S.C. 724a section 334 of this title Pub. L. 97124,  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 section 4 of Pub. L. 97124 section 1089 of Title 10 [ 335. Repealed. Pub. L. 98525, title IV,  414(b)(2)(A) Oct. 19, 1984 98 Stat. 2519   Section, added Pub. L. 9894, title V,  504(b)(1) Sept. 24, 1983 97 Stat. 632 CHAPTER 5 TRAINING    Sec.  501. Training generally.  502. Required drills and field exercises.  503. Participation in field exercises.  504. National Guard schools and small arms competitions.  505. Army and Air Force schools and field exercises.  506. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard.  507. Instruction in firing; supply of ammunition.  508. Assistance for certain youth and charitable organizations.  509. National Guard Youth Challenge Program of opportunities for civilian youth.  Editorial Notes Amendments 2004 Pub. L. 108375, div. A, title V,  594(b)(2) Oct. 28, 2004 118 Stat. 1936 1997 Pub. L. 10585, div. A, title X,  1076(b) Nov. 18, 1997 111 Stat. 1914 1994 Pub. L. 103337, div. A, title III,  385(b) Oct. 5, 1994 108 Stat. 2742  501. Training generally (a) The discipline, including training, of the Army National Guard shall conform to that of the Army. The discipline, including training, of the Air National Guard shall conform to that of the Air Force. (b) The training of the National Guard shall be conducted by the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands in conformity with this title. ( Aug. 10, 1956, ch. 1041 70A Stat. 609 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(7) Jan. 6, 2006 119 Stat. 3442        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  501(a) 501(b) 32:61 (1st 24 words). 32:61 (less 1st 24 words). June 3, 1916, ch. 134,  91 39 Stat. 206 In subsection (a), the words that of are substituted for the words the system which is or may be prescribed for. The word Army is substituted for the words Regular Army, since the Army is the category for which the discipline and training is prescribed and the Regular Army is a personnel category for which no discipline and training is prescribed. Similarly, the words Air Force are used instead of the words Regular Air Force. Editorial Notes Amendments 2006Subsec. (b). Pub. L. 109163 1988Subsec. (b). Pub. L. 100456 Statutory Notes and Related Subsidiaries Pilot Program on Regional Cybersecurity Training Center for the Army National Guard Pub. L. 115232, div. A, title XVI,  1651 Aug. 13, 2018 132 Stat. 2139 Pub. L. 116283, div. A, title XVII,  1743 Jan. 1, 2021 134 Stat. 4135 Pub. L. 11781, div. A, title XV,  1502 Dec. 27, 2021 135 Stat. 2021  (a)  Pilot Program The Secretary of the Army may carry out a pilot program under which the Secretary establishes a National Guard training center to provide collaborative interagency education and training for members of the Army National Guard. (b)  Center. (1)  Training and cooperation If the Secretary carries out the pilot program under subsection (a), the Secretary should ensure that the training center established under such subsection (A) educates and trains members of the Army National Guard quickly and efficiently by concurrently training cyber protection teams and cyber network defense teams on a common standard in order to defend (i) the information network of the Department of Defense in a State environment; (ii) while acting under title 10, United States Code, the information networks of State governments; and (iii) critical infrastructure; (B) fosters interagency cooperation by (i) co-locating members of the Army National Guard with personnel of departments and agencies of the Federal Government and State governments; and (ii) providing an environment to develop interagency relationship to coordinate responses and recovery efforts during and following a cyber attack; (C) collaborates with academic institutions to develop and implement curriculum for interagency education and training within the classroom; and (D) coordinates with the Persistent Cyber Training Environment of the Army Cyber Command in devising and implementing interagency education and training using physical and information technology infrastructure. (2)  Locations If the Secretary carries out the pilot program under subsection (a), the Secretary may select one National Guard facility at which to carry out the pilot program. The Secretary may select a facility that is located in an area that meets the following criteria: (A) The location has a need for cyber training, as measured by both the number of members of the Army National Guard that would apply for such training and the number of units of the Army National Guard that verify the unit would apply for such training. (B) The location has high capacity information and telecommunications infrastructure, including high speed fiber optic networks. (C) The location has personnel, technology, laboratories, and facilities to support proposed activities and has the opportunity for ongoing training, education, and research. (c)  Activities If the Secretary carries out the pilot program under subsection (a), the Secretary should ensure that the pilot program includes the following activities: (1) Providing joint education and training and accelerating training certifications for working in a cyber range. (2) Integrating education and training between the National Guard, law enforcement, and emergency medical and fire first responders. (3) Providing a program to continuously train the cyber network defense teams to not only defend the information network of the Department of Defense, but to also provide education and training on how to use defense capabilities of the team in a State environment. (4) Developing curriculum and educating the National Guard on the different missions carried out under titles 10 and 32, United States Code, in order to enhance interagency coordination and create a common operating picture. (d)  Notification Required If the Secretary carries out the pilot program under subsection (a), the Secretary shall provide immediate notification to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that includes information relating to the resources required to carry out such pilot program, identification of units to be trained, the location of such training, and a description of agreements with Federal, State, local, and private sector entities. (e)  Sunset The authority provided under this section shall expire on August 31, 2024 National Guard Support on Wildfire Response Pub. L. 11781, div. A, title V,  515 Dec. 27, 2021 135 Stat. 1683 Pub. L. 117263, div. A, title V,  516 Dec. 23, 2022 136 Stat. 2566  (a) \in general\. [sic] Until September 30, 2029 (b)  Transfer Until the date specified in subsection (a), no component (including any analytical responsibility) of the FireGuard program may be transferred from the Department of Defense to another entity. If the Secretary seeks to make such a transfer, the Secretary shall, at least three years before such transfer, provide to the appropriate congressional committees a written report and briefing that detail (1) plans of the Secretary for such transfer; and (2) how such transfer will sustain and improve detection and monitoring of wildfires. (c)  Appropriate Congressional Committees Defined In this section, the term appropriate congressional committees means the following: (1) The Committee on Armed Services of the Senate. (2) The Committee on Armed Services of the House of Representatives. (3) The Select Committee on Intelligence of the Senate. (4) The Permanent Select Committee on Intelligence of the House of Representatives. Pub. L. 11591, div. A, title III,  351 Dec. 12, 2017 131 Stat. 1367 Pub. L. 117263, div. A, title III,  385 Dec. 23, 2022 136 Stat. 2544  The Secretary of the Army and the Secretary of the Air Force, in consultation with the Chief of the National Guard Bureau, may provide support for the training of appropriate personnel of the National Guard on wildfire prevention and response. In carrying out this section, the Secretaries (1) shall give a preference to personnel assigned to military installations with the highest wildfire suppression needs, as determined by the Secretaries; and (2) may consult with the Executive Board of the National Interagency Fire Center. Demonstration Project To Increase Reserve Component Internet Access and Services in Rural Communities Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654  (a)  Authorization and Purpose of Project The Secretary of the Army, acting through the Chief of the National Guard Bureau, may carry out a demonstration project in rural communities that are unserved or underserved by the telecommunications medium known as the Internet to provide or increase Internet access and services to units and members of the National Guard and other reserve components located in these communities. (b)  Project Elements In carrying out the demonstration project, the Secretary may (1) establish and operate distance learning classrooms in communities described in subsection (a), including any support systems required for such classrooms; and (2) provide Internet access and services in such classrooms through GuardNet, the telecommunications infrastructure of the National Guard. (c)  Report Not later than February 1, 2005 Pilot Program To Use National Guard Personnel in Medically Underserved Communities Pub. L. 102484, div. A, title III,  376 Oct. 23, 1992 106 Stat. 2385 Pub. L. 103160, div. A, title III,  365 Nov. 30, 1993 107 Stat. 1629 Pub. L. 103337, div. A, title III,  384 Oct. 5, 1994 108 Stat. 2741  (a)  Pilot Program The Chief of the National Guard Bureau shall enter into an agreement, approved by the Secretary of Defense, with each of the Governors of one or more States to carry out a pilot program during fiscal years 1993, 1994, and 1995 to provide training and professional development opportunities for members of the National Guard through the provision of health care to residents of medically underserved communities in those States with the use of personnel and equipment of the National Guard. (b)  Funding Assistance Amounts made available from Department of Defense accounts for operation and maintenance and for pay and allowances to carry out the pilot program shall be apportioned by the Chief of the National Guard Bureau among those States with which the Chief has entered into approved agreements. In addition to such amounts, the Chief of the National Guard Bureau may authorize any such State, in order to carry out the pilot program during a fiscal year, to use funds received as part of the operation and maintenance allotments and the pay and allowances allotments for the National Guard of the State for that fiscal year. (c)  Supplies and Equipment (1) Funds made available from Department of Defense operation and maintenance accounts to carry out the pilot program may be used for the purchase of supplies and equipment necessary for the provision of health care under the pilot program. (2) In addition to supplies and equipment provided through the use of funds under paragraph (1), supplies and equipment described in such paragraph that are furnished by a State, a Federal agency, a private agency, or an individual may be used to carry out the pilot program. (d)  Maintenance of Effort The Chief of the National Guard Bureau shall ensure that each agreement under subsection (a) provides that the provision of services under the pilot program will supplement and increase the level of services that would be provided with non-Federal funds in the absence of such services, and will in no event supplant services provided with non-Federal funds. (e)  Coordination Among Programs In carrying out the pilot program under subsection (a), the Chief of the National Guard Bureau shall consult with the Secretary of Health and Human Services for the purpose of ensuring that the provision of services under the pilot program are not redundant with the services of programs of such Secretary. (f)  Service of Participants Service in the pilot program by a member of the National Guard shall be considered training in the members Federal status as a member of the National Guard of a State under section 270 [see 10147] of title 10, United States Code, and section 502 of title 32 (g)  Report The Secretary of Defense shall, not later than January 1, 1995 (h)  Definitions In this section: (1) The term health care includes the following services: (A) Medical care services. (B) Dental care services. (C) Transportation, by air ambulance or other means, for medical reasons. (2) The term Governor, with respect to the District of Columbia, means the commanding general of the District of Columbia National Guard. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. National Guard Civilian Youth Opportunities Pilot Program Pub. L. 104106, div. A, title V,  573 Feb. 10, 1996 110 Stat. 355 section 1091 of Pub. L. 102484 Feb. 10, 1996 Pub. L. 102484, div. A, title X,  1091 Oct. 23, 1992 106 Stat. 2519 Pub. L. 10382, title I,  104(e)(1)(A) Sept. 21, 1993 107 Stat. 846 Pub. L. 103160, div. A, title XI,  1174 Nov. 30, 1993 107 Stat. 1767 Pub. L. 103382, title III,  391 o Oct. 20, 1994 108 Stat. 4024 Pub. L. 10585, div. A, title X,  1073(d)(2)(B) Nov. 18, 1997 111 Stat. 1905 section 509 of this title  502. Required drills and field exercises (a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall (1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and (2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year. However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard. (b) An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days. (c) The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period. (d) No organization may receive credit for an assembly for drill or indoor target practice unless (1) the number of members present equals or exceeds the minimum number prescribed by the President; (2) the period of military duty or instruction for which a member is credited is at least one and one-half hours; and (3) the training is of the type prescribed by the Secretary concerned. (e) An appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a regularly scheduled drill. (f) (1) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may (A) without his consent, but with the pay and allowances provided by law; or (B) with his consent, either with or without pay and allowances; be ordered to perform training or other duty in addition to that prescribed under subsection (a). (2) The training or duty ordered to be performed under paragraph (1) may include the following: (A) Support of operations or missions undertaken by the members unit at the request of the President or Secretary of Defense. (B) Support of training operations and training missions assigned in whole or in part to the National Guard by the Secretary concerned, but only to the extent that such training missions and training operations (i) are performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States; and (ii) are only to instruct active duty military, foreign military (under the same authorities and restrictions applicable to active duty troops), Department of Defense contractor personnel, or Department of Defense civilian employees. (3) Duty without pay shall be considered for all purposes as if it were duty with pay. ( Aug. 10, 1956, ch. 1041 70A Stat. 610 Pub. L. 88621,  1(1) Oct. 3, 1964 78 Stat. 999 Pub. L. 90168,  4 Dec. 1, 1967 81 Stat. 526 Pub. L. 92156, title III,  303(b) Nov. 17, 1971 85 Stat. 425 Pub. L. 103160, div. A, title V,  524(b) Nov. 30, 1993 107 Stat. 1657 Pub. L. 109364, div. A, title V,  525(c) Oct. 17, 2006 120 Stat. 2195        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  502(a)  502(b)  502(c)   502(d) 32:62 (1st sentence, less proviso). 32:62 (proviso of 1st sentence). 32:62 (last sentence, less 1st, 2d, and 3d provisos). 32:62 (1st proviso of last sentence). June 3, 1916, ch. 134,  92 June 3, 1924, ch. 244,  2 Oct. 14, 1940, ch. 875,  2 54 Stat. 1135 Mar. 25, 1948, ch. 157,  5(a) 62 Stat. 90 502(e) 32:62 (2d and 3d provisos of last sentence). In subsection (a), the words including target practice and such company, troop, battery, or detachment shall have been * * * from participation in any part thereof are omitted as surplusage. In subsections (a) and (b), the word troop is omitted as obsolete. In subsection (b), the words parts of those organizations are substituted for the words subdivisions or parts thereof. The words but in the latter case, of subdivisions or groups, comprehend, and the time limit of are omitted as surplusage. In subsection (c), the word member is substituted for the words officer, warrant officer, or enlisted man. The words series of formations are substituted for the words separate consecutive formations announced. The words regardless of the number of formations that he attends during the series are substituted for the words even though he may have attended more than one of the formations. The words sum, actual military, and of time are omitted as surplusage. 32:62 (4th proviso of last sentence) is omitted as superseded by section 683 of title 10 63 Stat. 826 37 U.S.C. 301(b) In subsection (d), the word members is substituted for the words officers and enlisted men. The words for which a member is credited are substituted for the words participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present. The words for duty at such assembly, actual, and character of are omitted as surplusage. In subsection (e), the word member is substituted for the words officer or enlisted man. The words Air Corps * * * assigned to an Air Corps unit thereof, or * * * an officer or enlisted man of the Medical Department of the said National Guard regularly attached to an Air Corps unit of the National Guard by appropriate authority are omitted, since the revised subsection applies only to members who perform flights under competent orders and who are thereby prevented from attending a regular drill. Editorial Notes Amendments 2006Subsec. (f). Pub. L. 109364 1993Subsec. (b). Pub. L. 103160 1971Subsec. (a). Pub. L. 92156 1967Subsec. (b). Pub. L. 90168 1964Subsec. (f). Pub. L. 88621 Statutory Notes and Related Subsidiaries Effective Date of 1967 Amendment Amendment by Pub. L. 90168 Pub. L. 90168 Dec. 1, 1967 section 7 of Pub. L. 90168 section 138 of Title 10 Executive Documents  Memorandum To Extend Federal Support to Governors Use of the National Guard To Respond to COVID19 and To Increase Reimbursement and Other Assistance Provided to States Memorandum of President of the United States, Jan. 21, 2021 Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121520 section 502 of title 32 Section Policy March 13, 2020 Sec. Support of Operations or Missions to Prevent and Respond to the Spread of COVID19 32 U.S.C. 502(f) (b) FEMA shall fund 100 percent of the cost of activities associated with all mission assignments for the use of the National Guard under 32 U.S.C. 502(f) 42 U.S.C. 5170b 42 U.S.C. 5192 42 U.S.C. 5193 (c) This section supersedes prior Presidential Memoranda requesting the use of the National Guard to respond to the COVID19 emergency to the extent they are inconsistent with this memorandum. Sec. Assistance for Category B Emergency Protective Measures 42 U.S.C. 5170b 42 U.S.C. 5192 (b) FEMA shall make assistance under this section available at a 100 percent Federal cost share until September 30, 2021 Sec. Advanced Reimbursement Sec. One-Hundred Percent Cost Share Termination September 30, 2021 Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.  J.R. Biden, Jr.  503. Participation in field exercises (a) (1) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force, as the case may be, may provide for the participation of the National Guard in encampments, maneuvers, outdoor target practice, or other exercises for field or coast-defense instruction, independently of or in conjunction with the Army or the Air Force, or both. (2) Paragraph (1) includes authority to provide for participation of the National Guard in conjunction with the Army or the Air Force, or both, in joint exercises for instruction to prepare the National Guard for response to civil emergencies and disasters. (b) Amounts necessary for the pay, subsistence, transportation, and other proper expenses of any part of the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands participating in an exercise under subsection (a) may be set aside from funds allocated to it from appropriations for field or coast-defense instruction. (c) Members of the National Guard participating in an exercise under subsection (a) may, after being mustered, be paid for the period beginning with the date of leaving home and ending with the date of return, as determined in advance. If otherwise correct, such a payment passes to the credit of the disbursing officer. ( Aug. 10, 1956, ch. 1041 70A Stat. 610 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 104106, div. A, title V,  517 Feb. 10, 1996 110 Stat. 309 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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 39 Stat. 206 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 2006Subsec. (b). Pub. L. 109163 1996Subsec. (a). Pub. L. 104106 1988Subsec. (b). Pub. L. 100456  504. National Guard schools and small arms competitions (a) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, members of the National Guard may (1) attend schools conducted by the Army or the Air Force, as appropriate; (2) conduct or attend schools conducted by the National Guard; or (3) participate in small arms competitions. (b) Activities authorized under subsection (a) for members of the National Guard of a State or territory, Puerto Rico, or the District of Columbia may be held inside or outside its boundaries. ( Aug. 10, 1956, ch. 1041 70A Stat. 611 Pub. L. 88621,  1(2) Oct. 3, 1964 78 Stat. 999 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059        Historical and Revision Notes  Revised section Source (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 May 28, 1926, ch. 417,  2 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 1988Subsec. (b). Pub. L. 100456 1964 Pub. L. 88621  505. Army and Air Force schools and field exercises Under such regulations as the President may prescribe and upon the recommendation of the governor of any State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands or of the commanding general of the National Guard of the District of Columbia, the Secretary of the Army may authorize a limited number of members of its Army National Guard to (1) attend any service school except the United States Military Academy, and to pursue a regular course of study at the school; or (2) be attached to an organization of the branch of the Army corresponding to the organization of the Army National Guard to which the member belongs, for routine practical instruction at or near an Army post during field training or other outdoor exercise. Similarly, the Secretary of the Air Force may authorize a limited number of members of the Air National Guard to (1) attend any service school except the United States Air Force Academy, and to pursue a regular course of study at the school; or (2) be attached to an organization of the Air Force corresponding to the organization of the Air National Guard to which the member belongs, for routine practical instruction at an air base during field training or other outdoor exercise. ( Aug. 10, 1956, ch. 1041 70A Stat. 611 Pub. L. 100456, div. A, title XII,  1234(b)(4) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(4) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  505 32:65. June 3, 1916, ch. 134,  99 Sept. 22, 1922, ch. 423,  5 May 28, 1926, ch. 417,  3 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. 109163 1988 Pub. L. 100456  506. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard (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 section Source (U.S. Code) Source (Statutes at Large)  506(a) 506(b) 32:66. 32:67. June 3, 1916, ch. 134,  81 June 4, 1920, ch. 227 Sept. 22, 1922 Feb. 28, 1925, ch. 371,  3 June 15, 1933, ch. 87,  16 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.  507. Instruction in firing; supply of ammunition  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 section Source (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)).  508. Assistance for certain youth and charitable organizations (a)  Authority To Provide Services Members and units of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training required under this chapter in any case in which (1) the provision of such services does not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit; (2) the services to be provided are not commercially available, or any commercial entity that would otherwise provide such services has approved, in writing, the provision of such services by the National Guard; (3) National Guard personnel will enhance their military skills as a result of providing such services; and (4) the provision of the services will not result in a significant increase in the cost of the training. (b)  Authorized Services The services authorized to be provided under subsection (a) are as follows: (1) Ground transportation. (2) Air transportation in support of Special Olympics. (3) Administrative support services. (4) Technical training services. (5) Emergency medical assistance and services. (6) Communications services. (c)  Other Authorized Assistance Facilities and equipment of the National Guard, including military property of the United States issued to the National Guard and General Services Administration vehicles leased to the National Guard, and General Services Administration vehicles leased to the Department of Defense, may be used in connection with providing services to any eligible organization under this section. (d)  Eligible Organizations The organizations eligible to receive services under this section are as follows: (1) The Boy Scouts of America. (2) The Girl Scouts of America. (3) The Boys Clubs of America. (4) The Girls Clubs of America. (5) The Young Mens Christian Association. (6) The Young Womens Christian Association. (7) The Civil Air Patrol. (8) The United States Olympic Committee. (9) The Special Olympics. (10) The Campfire Boys. (11) The Campfire Girls. (12) The 4H Club. (13) The Police Athletic League. (14) Any other youth or charitable organization designated by the Secretary of Defense. (Added Pub. L. 103337, div. A, title III,  385(a) Oct. 5, 1994 108 Stat. 2741  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  509. National Guard Youth Challenge Program of opportunities for civilian youth (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 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 (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 persons monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS2 of the General Schedule under section 5332 of title 5 (C) the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the persons 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. 10585, div. A, title X,  1076(a) Nov. 18, 1997 111 Stat. 1911 Pub. L. 10665, div. A, title V,  579 Oct. 5, 1999 113 Stat. 631 Pub. L. 106246, div. B, title I,  120 July 13, 2000 114 Stat. 533 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title V,  596(a) Dec. 28, 2001 115 Stat. 1126 Pub. L. 107314, div. A, title X,  1062(g)(1) Dec. 2, 2002 116 Stat. 2651 Pub. L. 108375, div. A, title V,  594(a) Oct. 28, 2004 118 Stat. 1935 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4475 Pub. L. 11184, div. A, title V,  593(a) Oct. 28, 2009 123 Stat. 2337 Pub. L. 115232, 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. 101610 Nov. 16, 1990 104 Stat. 3127 section 12501 of Title 42 Amendments 2018Subsec. (h)(2), (3). Pub. L. 115232 2009Subsec. (d)(1). Pub. L. 11184 2008Subsec. (d). Pub. L. 110417 (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. 108375,  594(b)(1) Subsec. (a). Pub. L. 108375,  594(a)(1) Subsec. (b)(1). Pub. L. 108375,  594(a)(2) Subsec. (b)(2). Pub. L. 108375,  594(a)(2) Subsec. (b)(3). Pub. L. 108375,  594(a)(2) Subsec. (b)(4). Pub. L. 108375,  594(a)(2) Subsecs. (c) to (f). Pub. L. 108375,  594(a)(2) Subsec. (g)(1). Pub. L. 108375,  594(a)(2) Subsec. (g)(2). Pub. L. 108375,  594(a)(2) Subsec. (g)(3). Pub. L. 108375,  594(a)(2) Subsecs. (h), (i)(1). Pub. L. 108375,  594(a)(2) Subsec. (i)(2)(A). Pub. L. 108375,  594(a)(3) Subsec. (i)(2)(C). Pub. L. 108375,  594(a)(2) Subsec. (j). Pub. L. 108375,  594(a)(2) Subsec. (k). Pub. L. 108375,  594(a)(2) Subsec. ( l Pub. L. 108375,  594(a)(4) Subsec. (m). Pub. L. 108375,  594(a)(2) Subsec. (m)(1) to (7). Pub. L. 108375,  594(a)(3) 2002Subsec. (b). Pub. L. 107314 Pub. L. 106398,  577(b)(2) 2001Subsec. (b)(2)(A). Pub. L. 107107,  596(a)(1) Subsec. (b)(4). Pub. L. 107107,  596(a)(2) 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (b). Pub. L. 106398,  1 [[div. A] Pub. L. 106398,  1 [[div. A] Pub. L. 107314 Pub. L. 106246 Subsec. (m). Pub. L. 106398,  1 [[div. A] 1999Subsec. (a). Pub. L. 10665,  579(a) Subsec. (b). Pub. L. 10665,  579(b) Statutory Notes and Related Subsidiaries Effective Date of 2009 Amendment Pub. L. 11184, div. A, title V,  593(b) Oct. 28, 2009 123 Stat. 2337 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2009 Effective Date of 2008 Amendment Pub. L. 110417 Oct. 14, 2008 122 Stat. 4475 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2008 Effective Date of 2002 Amendment Pub. L. 107314, div. A, title X,  1062(g) Dec. 2, 2002 116 Stat. 2651 section 1062(g)(1) of Pub. L. 107314 Oct. 30, 2000 Pub. L. 106398 CHAPTER 7 SERVICE, SUPPLY, AND PROCUREMENT    Sec.  701. Uniforms, arms, and equipment to be same as Army or Air Force.  702. Issue of supplies.  703. Purchases of supplies by States from Army or Air Force.  704. Accountability: relief from upon order to active duty.  705. Purchase of uniforms and equipment by officers of National Guard from Army or Air Force.  706. Return of arms and equipment upon relief from Federal service.  707. Use of public buildings for offices by instructors.  708. Property and fiscal officers.  709. Technicians: employment, use, status.  710. Accountability for property issued to the National Guard.  711. Disposition of obsolete or condemned property.  712. Disposition of proceeds of condemned stores issued to National Guard.  713. Official mail: free transmission.  714. Final settlement of accounts: deceased members.  715. Property loss; personal injury or death: activities under certain sections of this title.  716. Claims for overpayment of pay and allowances, and travel and transportation allowances.  [ 717. Repealed.]  Editorial Notes Amendments 2006 Pub. L. 109163, div. A, title V,  589(b)(2) Jan. 6, 2006 119 Stat. 3279 2004 Pub. L. 108375, div. A, title V,  520(b)(2) Oct. 28, 2004 118 Stat. 1887 1985 Pub. L. 99224,  3(b) Dec. 28, 1985 99 Stat. 1742 1980 Pub. L. 96328,  1(b)(2) Aug. 8, 1980 94 Stat. 1027 1972 Pub. L. 92453,  2(2) Oct. 2, 1972 86 Stat. 759 1968 Pub. L. 90486,  2(2) Aug. 13, 1968 82 Stat. 756 1960 Pub. L. 86740,  1(2) Sept. 13, 1960 74 Stat. 879 1958 Pub. L. 85861,  2(13) Sept. 2, 1958 72 Stat. 1546  701. Uniforms, arms, and equipment to be same as Army or Air 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 section Source (U.S. Code) Source (Statutes at Large)  701 32:31. June 3, 1916, ch. 134,  82 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.  702. Issue of supplies (a) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force may buy or manufacture and, upon requisition of the governor of any State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands or the commanding general of the National Guard of the District of Columbia, issue to its Army National Guard and Air National Guard, respectively, the supplies necessary to uniform, arm, and equip that Army National Guard or Air National Guard for field duty. (b) Whenever the Secretary concerned is satisfied that the Army National Guard or the Air National Guard, as the case may be, of any State or Territory, Puerto Rico, or the District of Columbia is properly organized, armed, and equipped for field duty, funds allotted to that jurisdiction for its Army National Guard or Air National Guard may be used to buy any article issued by the Army or the Air Force, as the case may be. (c) Under such regulations as the President may prescribe, the issue of new types of equipment, small arms, or field guns to the National Guard of any State or Territory, Puerto Rico, or the District of Columbia shall be without charge against appropriations for the National Guard. (d) No property may be issued to the National Guard of a State or Territory, Puerto Rico, or the District of Columbia, unless that jurisdiction makes provision, satisfactory to the Secretary concerned, for its protection and care. ( Aug. 10, 1956, ch. 1041 70A Stat. 612 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(4) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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 39 Stat. 203 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 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 Editorial Notes Amendments 2006Subsec. (a). Pub. L. 109163 1988Subsec. (a). Pub. L. 100456,  1234(b)(4) Subsecs. (b) to (d). Pub. L. 100456,  1234(b)(1)  703. Purchases of supplies by States from Army or Air 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. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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 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 2006Subsecs. (a), (b). Pub. L. 109163 1988Subsecs. (a), (b). Pub. L. 100456  704. Accountability: relief from upon order to active duty  Upon ordering any part of the Army National Guard of the United States or the Air National Guard of the United States to active duty, the President may, upon such terms as he may prescribe, relieve the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part. ( Aug. 10, 1956, ch. 1041 70A Stat. 613 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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. 109163 1988 Pub. L. 100456  705. Purchase of uniforms and equipment by officers of National Guard from Army or Air 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 section Source (U.S. Code) Source (Statutes at Large)  705 32:156. June 3, 1916, ch. 134,  109 June 4, 1920, ch. 227 June 3, 1924, ch. 244,  3 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)  109 of the Act of June 3, 1916, ch. 134 63 Stat. 827 July 9, 1952, ch. 608,  803 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.  706. Return of arms and equipment upon relief from Federal service  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 1 ( Aug. 10, 1956, ch. 1041 70A Stat. 613        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  706 50:1122(b) (last 17 words.) July 9, 1952, ch. 608,  712(b) 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 section 325(c) of this title Pub. L. 110417 Oct. 14, 2008 122 Stat. 4442  707. Use of public buildings for offices by instructors  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 section Source (U.S. Code) Source (Statutes at Large)  707 32:74. May 12, 1917, ch. 12 40 Stat. 68 The word instructors is substituted for the words inspector-instructors, since there are no longer any inspector-instructors.  708. Property and fiscal officers (a) The Governor of each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and the commanding general of the National Guard of the District of Columbia, shall, in consultation with the Chief of the National Guard Bureau, appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the National Guard of that jurisdiction who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the property and fiscal officer of that jurisdiction. If the officer is not on active duty, the President may order him to active duty, with his consent, to serve as a property and fiscal officer. (b) Each property and fiscal officer shall (1) receipt and account for all funds and property of the United States in the possession of the National Guard for which he is property and fiscal officer; and (2) make returns and reports concerning those funds and that property, as required by the Secretary concerned. (c) When he ceases to hold that assignment, a property and fiscal officer resumes his status as an officer of the National Guard. (d) The Secretaries shall prescribe a maximum grade, commensurate with the functions and responsibilities of the office, but not above colonel, for the property and fiscal officer of the United States for the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (e) The Secretary of the Army and the Secretary of the Air Force shall prescribe joint regulations necessary to carry out subsections (a)(d). (f) A property and fiscal officer may intrust money to an officer of the National Guard to make disbursements as his agent. Both the officer to whom money is intrusted, and the property and disbursing officer intrusting the money to him, are pecuniarily responsible for that money to the United States. The agent officer is subject, for misconduct as an agent, to the liabilities and penalties prescribed by law in like cases for the property and fiscal officer for whom he is acting. ( Aug. 10, 1956, ch. 1041 70A Stat. 614 Pub. L. 92310, title II,  207 June 6, 1972 86 Stat. 203 Pub. L. 9579, title VIII,  804(b) July 30, 1977 91 Stat. 333 Pub. L. 96513, title V,  515(4) Dec. 12, 1980 94 Stat. 2937 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 101189, div. A, title VI,  653(g) Nov. 29, 1989 103 Stat. 1463 Pub. L. 109163, div. A, title X,  1057(b)(2) Jan. 6, 2006 119 Stat. 3441 Pub. L. 11692, div. A, title V,  518 Dec. 20, 2019 133 Stat. 1350        Historical and Revision Notes  Revised section Source (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 39 Stat. 200 July 9, 1918, ch. 143 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 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 2019Subsec. (a). Pub. L. 11692 2006Subsec. (a). Pub. L. 109163,  1057(b)(4) Subsec. (d). Pub. L. 109163,  1057(b)(2) 1989Subsec. (a). Pub. L. 101189 1988Subsec. (d). Pub. L. 100456 1980Subsec. (b). Pub. L. 96513 1977Subsec. (d). Pub. L. 9579,  804(b)(1) Subsec. (e). Pub. L. 9579,  804(b)(2) Subsecs. (f), (g). Pub. L. 9579,  804(b)(2) 1972Subsec. (b)(1). Pub. L. 92310 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10  709. Technicians: employment, use, status (a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in (1) the organizing, administering, instructing, or training of the National Guard; (2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and (3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2): (A) Support of operations or missions undertaken by the technicians unit at the request of the President or the Secretary of Defense. (B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technicians unit. (C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of (i) active-duty members of the armed forces; (ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (iii) Department of Defense contractor personnel; or (iv) Department of Defense civilian employees. (b) Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements: (1) Be a military technician (dual status) as defined in section 10216(a) of title 10 (2) Be a member of the National Guard. (3) Hold the military grade specified by the Secretary concerned for that position. (4) While performing duties as a military technician (dual status), wear the uniform appropriate for the members grade and component of the armed forces. (c) (1) A person may be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10 (2) The total number of non-dual status technicians in the National Guard is specified in section 10217(c)(2) of title 10 (d) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title (e) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed in that position is required under subsection (b) to be a member of the National Guard. (f) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned (1) a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) who (A) is separated from the National Guard or ceases to hold the military grade specified by the Secretary concerned for that position shall be promptly separated from military technician (dual status) employment by the adjutant general of the jurisdiction concerned; and (B) fails to meet the military security standards established by the Secretary concerned for a member of a reserve component under his jurisdiction may be separated from employment as a military technician (dual status) and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned; (2) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned; (3) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned; (4) a right of appeal which may exist with respect to paragraph (1), (2), or (3) shall not extend beyond the adjutant general of the jurisdiction concerned when the appeal concerns activity occurring while the member is in a military pay status, or concerns fitness for duty in the reserve components; (5) with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of sections 7511, 7512, and 7513 of title 5, and section 717 of the Civil Rights Act of 1991 1 1 42 U.S.C. 2000e16 (6) a technician shall be notified in writing of the termination of his employment as a technician and, unless the technician is serving under a temporary appointment, is serving in a trial or probationary period, or has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment, such notification shall be given at least 30 days before the termination date of such employment. (g) (1) Except as provided in subsection (f), sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a person employed under this section. (2) In addition to the sections referred to in paragraph (1), section 6323(a)(1) of title 5 section 101(d)(6) of title 10 (h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work. (i) The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under section 301 of this title (j) In this section: (1) The term military pay status means a period of service where the amount of pay payable to a technician for that service is based on rates of military pay provided for under title 37. (2) The term fitness for duty in the reserve components refers only to military-unique service requirements that attend to military service generally, including service in the reserve components or service on active duty. ( Aug. 10, 1956, ch. 1041 70A Stat. 614 Pub. L. 87224,  2 Sept. 13, 1961 75 Stat. 496 Pub. L. 90486,  2(1) Aug. 13, 1968 82 Stat. 755 Pub. L. 92119,  2 Aug. 13, 1971 85 Stat. 340 Pub. L. 96513, title V,  515(5) Dec. 12, 1980 94 Stat. 2937 Pub. L. 103160, div. A, title V Nov. 30, 1993 107 Stat. 1656 Pub. L. 103337, div. A, title X,  1070(b)(2) Oct. 5, 1994 108 Stat. 2856 Pub. L. 104106, div. A, title X,  1038(a) Feb. 10, 1996 110 Stat. 432 Pub. L. 10585, div. A, title V,  522(c) Nov. 18, 1997 111 Stat. 1735 Pub. L. 10665, div. A, title V,  524 Oct. 5, 1999 113 Stat. 599 Pub. L. 109364, div. A, title V,  525(d) Oct. 17, 2006 120 Stat. 2195 Pub. L. 114328, div. A, title V Dec. 23, 2016 130 Stat. 2112        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  709(a)   709(b)  709(c) 709(d)  709(e)  709(f) 32:42 (1st par.). 32:42a (less 28 words before 1st proviso). 32:42 (2d par., and last sentence of 4th par.). 32:42 (3d par.). 32:42 (4th par., less last sentence). 32:42 (last par., less proviso). 32:42a (28 words before 1st proviso). 32:42 (proviso of last par.). June 3, 1916, ch. 134,  90 June 4, 1920, ch. 227 Mar. 1, 1922, ch. 90 June 6, 1924, ch. 275,  5 May 28, 1926, ch. 417,  1 Apr. 21, 1928, ch. 397 June 19, 1935, ch. 277,  6 June 13, 1940, ch. 343 Oct. 14, 1940, ch. 875,  1 54 Stat. 1134 June 25, 1938, ch. 688 52 Stat. 1173 In subsection (a), the words may be spent are substituted for the words shall be available. The reference to animals for military purposes and forage, bedding, and other supplies and services for them, is omitted as obsolete, since animals are not now authorized for the National Guard. The word persons is substituted for the word help. The words Army National Guard and Air National Guard are substituted for the words organizations of all kinds. The words the support of are omitted as surplusage. The words A caretaker employed under this subsection are substituted for the words Moneys hereafter appropriated under the provisions of this title for compensation of help for care of material, animals, armament, and equipment, in the hands of the National Guard of the several States, Territories, and the District of Columbia shall be available for the hire of caretakers. The words and other duties that do not interfere with the performance of his duties as caretaker are substituted for 32:42a (1st proviso). 32:42a (2d and 3d provisos) is omitted as executed. In subsection (b), the words However, if a unit has more than one caretaker are substituted for the words but if there are as many as two caretakers in any unit. The words under this section, in the first sentence of the revised subsection, are inserted for clarity. The words under this section, in the second sentence of the revised subsection, are substituted for the words paid to caretakers who belong to the National Guard, as herein authorized. The words under any of the provisions of this title are omitted as surplusage. In subsection (c), the words or organizations thereof are omitted as surplusage. In subsection (d), the words one commissioned officer * * * in a grade below major * * * for each pool set up under subsection (c) and for each squadron of the Air National Guard are substituted for the words one such officer not above the grade of captain for each heavier-than-air squadron; and one such officer not above the grade of captain for each pool. In subsection (e), the words Funds appropriated by Congress are substituted for the words Funds hereafter appropriated under the provisions of this title for the support of, in 32:42, and such moneys, in 32:42a. The words are in addition to are substituted for the words shall be supplemental to, in 32:42, and may be used as supplemental to, in 32:42a. In subsection (f), the words authorized to be employed under this section are substituted for the words authorized to be employed. The words person to employ them are substituted for the words by whom they shall be employed. The words by regulations are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. Editorial Notes  References in Text Section 717 of the Civil Rights Act of 1991, referred to in subsec. (f)(5), probably means section 717 of the Civil Rights Act of 1964, Pub. L. 88352, title VII Pub. L. 92261,  11 Mar. 24, 1972 86 Stat. 111 section 2000e16 of Title 42 Amendments 2016Subsec. (f)(4). Pub. L. 114328,  512(a)(1)(A) Subsec. (f)(5), (6). Pub. L. 114328,  512(a)(1)(B) Subsec. (g). Pub. L. 114328 Subsec. (j). Pub. L. 114328,  512(b) 2006Subsec. (a)(1). Pub. L. 109364,  525(d)(1)(A) Subsec. (a)(3). Pub. L. 109364,  525(d)(1)(B) 1999 Pub. L. 10665 1997Subsec. (b). Pub. L. 10585 1996Subsec. (b). Pub. L. 104106 1994Subsec. (e)(6). Pub. L. 103337,  1070(d)(5)(A) Pub. L. 103337,  1070(b)(2) Pub. L. 103160,  524(c) Subsec. (g)(2). Pub. L. 103337,  1070(d)(5)(B) 1993Subsec. (e)(6). Pub. L. 103160,  524(c) Pub. L. 103337,  1070(b)(2) Subsec. (h). Pub. L. 103160,  524(d) Subsec. (i). Pub. L. 103160,  523(a) 1980Subsec. (f). Pub. L. 96513,  515(5) Subsec. (g). Pub. L. 96513,  515(6) Subsec. (h). Pub. L. 96513,  515(7) July 1, 1971 1971Subsec. (h). Pub. L. 92119 July 1, 1971 1968 Pub. L. 90486 Subsec. (a). Pub. L. 90486 Subsec. (b). Pub. L. 90486 Subsec. (c). Pub. L. 90486 Subsec. (d). Pub. L. 90486 Subsec. (e). Pub. L. 90486 Subsec. (f). Pub. L. 90486 Subsecs. (g), (h). Pub. L. 90486 1961Subsec. (f). Pub. L. 87224 Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by Pub. L. 10665 section 523(d) of Pub. L. 10585 section 10217 of Title 10 section 525 of Pub. L. 10665 section 10217 of Title 10 Effective Date of 1994 Amendment Pub. L. 103337, div. A, title X,  1070(b) Oct. 5, 1994 108 Stat. 2856 Nov. 30, 1993 Pub. L. 103160 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1968 Amendment Pub. L. 90486,  11 Aug. 13, 1968 82 Stat. 760 This Act [see Short Title note below] becomes effective January 1, 1969 January 1, 1969 Short Title Pub. L. 90486,  1 Aug. 13, 1968 82 Stat. 755 That this Act [amending this section and section 715 of this title section 418 of Title 42 Military Education for Army National Guard Civilian Technicians Pub. L. 101189, div. A, title V,  506(a) Nov. 29, 1989 103 Stat. 1438 Pub. L. 103160, div. A, title V,  523(b)(2) Nov. 30, 1993 107 Stat. 1656 Pub. L. 100456, div. A, title V,  523 Sept. 29, 1988 102 Stat. 1974 Pub. L. 101189, div. A, title V,  506(d) Nov. 29, 1989 103 Stat. 1439 Pub. L. 101510, div. A, title XIV,  1484 l Nov. 5, 1990 104 Stat. 1719 Pub. L. 103160, div. A, title V,  523(b)(1) Nov. 30, 1993 107 Stat. 1656 [ Pub. L. 103160, div. A, title V,  523(c) Nov. 30, 1993 107 Stat. 1656 A civilian technician of the Army National Guard serving in an active status on the date of the enactment of this Act [ Nov. 30, 1993 section 523 of Pub. L. 100456 Pub. L. 101189 Retirement Credit for Certain Former National Guard Technicians Pub. L. 99661, div. A, title VI,  654 Nov. 14, 1986 100 Stat. 3890  (a)  Civil Service Retirement Credit A period of service performed under section 709 of title 32 January 1, 1969 (b)  Covered Individuals Subsection (a) applies in the case of an individual who (1) before the end of the 14-month period beginning on the date of the enactment of this Act [ Nov. 14, 1986 (2) at the time of filing application under paragraph (1), is employed by the United States and is subject to subchapter III of chapter 83 of title 5, United States Code (other than under section 8344 of such title); and (3) before the date of the separation on which entitlement to an annuity under subchapter III of chapter 83 of title 5, United States Code, is based, makes an appropriate deposit under section 8334(c) of such title with respect to the period of service involved, based on the percentage of basic pay for such service which would be required under such section if such service had been performed as an employee under such subchapter. (c)  Regulations The Office of Personnel Management shall prescribe regulations to carry out subsection (a). Such regulations shall be prescribed not later than 60 days after the date of the enactment of this Act [ Nov. 14, 1986 Savings Provision for Accrued Claims; Conversion to Federal Employee Status; Credit for Past Service; Leave Credit Pub. L. 90486,  3 Aug. 13, 1968 82 Stat. 756 Pub. L. 101530,  2 Nov. 6, 1990 104 Stat. 2338  (a) A claim accrued under section 715 of title 32 section 709 of title 32 section 715 of title 32 (b) Except as provided in this Act and in the amendments made by this Act [see Short Title note above] and notwithstanding any law, rule, regulation, or decision to the contrary, the positions of persons employed under section 709 of title 32 (c) All service under section 709 of title 32 (d) Annual leave and sick leave to which a technician was entitled on the day before the conversion of his position, as provided in subsection (b) of this section, shall be credited to him in his new position. [ Pub. L. 101530,  3(b) Nov. 6, 1990 104 Stat. 2339 [(1) General rule section 3 of Pub. L. 90486 Nov. 6, 1990 [(A) any annual leave accruing under section 6303 of title 5 [(B) the individuals length of service for the purposes of entitlement to Federal employee death and disability compensation, group life insurance and health benefits, severance pay, tenure, and status. [(2) Exception. [(A) Rule for individuals separating after december 31, 1968 December 31, 1968 Nov. 6, 1990 section 8901(3)(A) of title 5 [(B) Conditions for enrolling in a health benefits plan [(i) application for enrollment is received by the Office of Personnel Management within one year after the date of the enactment of this Act; and [(ii) such individual would have qualified under section 8905(b)(1) of such title at the time of such individuals separation.] Persons Employed Prior to January 1, 1969 Pub. L. 90486,  5(d) Aug. 13, 1968 82 Stat. 758 Clause (4) of subsection (a) of this section [amending section 8332(b) of Title 5 l section 709 of title 32 Election To Remain Under State Retirement System; Reemployed Technicians; Continuation of Federal Contributions Pub. L. 90486,  6 Aug. 13, 1968 82 Stat. 758 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  (a) Notwithstanding section 709(d) of title 32 Aug. 13, 1968 section 709 of title 32 (b) A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under section 709 of title 32 (1) was involuntarily ordered to active duty after January 1, 1968 (2) is on active duty under section 265 [see 10211], 3015, 3033, 3496 [see 12402], 8033 or 8496 [see 12402] of title 10, United States Code, on the effective date of this Act; and was covered by a retirement system or plan of a State or the Commonwealth of Puerto Rico, may, if he is reemployed within sixty days under section 709 of title 32 (c) In the case of any person who files a valid election under this section to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, the United States may pay the amount of the employers contributions to that system or plan that become due for periods beginning on or after the effective date of this Act [see Effective Date note above]. However, the payment by the United States, including any contribution that may be made by the United States toward the employers tax imposed by section 3111 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended ( 26 U.S.C. 3111 section 8334(a) of title 5 section 8332(b) of title 5 section 709 of title 32 Compensation Rates; Conversion and Adjustment of Compensation to the General Schedule Pub. L. 90486,  8 Aug. 13, 1968 82 Stat. 759  (a) Except as provided in section 709(g) of title 32 Aug. 13, 1968 section 5341 of title 5 (1) If the technician is receiving a rate of basic compensation which is less than the minimum rate of the appropriate grade of the General Schedule, or which is less than the minimum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, his basic compensation shall be increased to that minimum rate. (2) If the technician is receiving a rate of basic compensation which is equal to a rate of the appropriate grade of the General Schedule, or which is equal to a rate of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at that rate of the General Schedule, or at that rate under the prevailing rate schedule, as applicable. (3) If the technician is receiving a rate of basic compensation which is between two rates of the appropriate grade of the General Schedule, or which is between two rates of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at the higher of those two rates under the General Schedule or appropriate prevailing rate schedule, as applicable. (4) If the technician is receiving a rate of basic compensation which is in excess of the maximum rate of the appropriate grade of the General Schedule, or which is in excess of the maximum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall continue to receive basic compensation without change in rate until (A) he leaves that position, or (B) he is entitled to receive basic compensation at a higher rate, but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation. (b) The conversion of positions and employees to appropriate grades of the General Schedule set forth in section 5332 of title 5 section 5334(b) of title 5 (c) Each technician on the effective date of this Act [see Effective Date note above], whose position is converted to the General Schedule set forth in section 5332 of title 5 (d) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5 (e) An increase in rate of basic compensation by reason of the enactment of subsection (a) of this section shall not be considered to be an equivalent increase with respect to step increases for technicians whose positions are converted to the General Schedule set forth in section 5332 of title 5 Regulations: Approval by Secretary of Defense; Uniformity Pub. L. 90486,  10 Aug. 13, 1968 82 Stat. 760 Regulations prescribed by the Secretary of the Army and Secretary of the Air Force under this Act [see Short Title note above] shall be approved by the Secretary of Defense and shall, so far as practicable, be uniform. Number of Caretakers for Air National Guard Pub. L. 90580, title II Oct. 17, 1968 82 Stat. 1124 Similar provisions were contained in the following prior acts: Sept. 29, 1967 Pub. L. 9096, title II 81 Stat. 236 Oct. 15, 1966 Pub. L. 89687, title II 80 Stat. 985 Sept. 29, 1965 Pub. L. 89213, title II 79 Stat. 868 Aug. 19, 1964 Pub. L. 88466, title II 78 Stat. 469 Oct. 17, 1963 Pub. L. 88149, title II 77 Stat. 259 Aug. 9, 1962 Pub. L. 87577, title II 76 Stat. 323 Aug. 17, 1961 Pub. L. 87144, title II 75 Stat. 370 July 7, 1960 Pub. L. 86601, title II 74 Stat. 344 Aug. 18, 1959 Pub. L. 86166, title II 73 Stat. 372 Aug. 22, 1958 Pub. L. 85724, title V 72 Stat. 723 Aug. 2, 1957 Pub. L. 85117, title V 71 Stat. 322 July 2, 1956, ch. 488 70 Stat. 466 July 13, 1955, ch. 358 69 Stat. 313 June 30, 1954, ch. 432 68 Stat. 349 Aug. 1, 1953, ch. 305 67 Stat. 349 July 10, 1952, ch. 630 66 Stat. 530 Oct. 18, 1951, ch. 512 65 Stat. 444 Sept. 6, 1950, ch. 896 64 Stat. 751 Oct. 29, 1949, ch. 787 63 Stat. 1017 Number of Caretakers for Army National Guard Pub. L. 90580, title II Oct. 17, 1968 82 Stat. 1124 Similar provisions were contained in the following prior acts: Sept. 29, 1967 Pub. L. 9096, title II 81 Stat. 236 Oct. 15, 1966 Pub. L. 89687, title II 80 Stat. 984 Sept. 29, 1965 Pub. L. 89213, title II 79 Stat. 867 Aug. 19, 1964 Pub. L. 88446, title II 78 Stat. 469 Oct. 17, 1963 Pub. L. 88149, title II 77 Stat. 258 Aug. 9, 1962 Pub. L. 87577, title II 76 Stat. 322 Aug. 17, 1961 Pub. L. 87144, title II 75 Stat. 369 July 7, 1960 Pub. L. 86601, title II 74 Stat. 343 Aug. 18, 1959 Pub. L. 86166, title II 73 Stat. 371 Aug. 22, 1958 Pub. L. 85724, title III 72 Stat. 715 Aug. 2, 1957 Pub. L. 85117, title III 71 Stat. 315 July 2, 1956, ch. 488 70 Stat. 458 July 13, 1955, ch. 358 69 Stat. 305 June 30, 1954, ch. 432 68 Stat. 340 Aug. 1, 1953, ch. 305 67 Stat. 340 July 10, 1952, ch. 630 66 Stat. 522 Oct. 18, 1951, ch. 512 65 Stat. 435 Sept. 6, 1950, ch. 896 64 Stat. 740 Oct. 29, 1949, ch. 787 63 Stat. 1000 June 24, 1948, ch. 632 62 Stat. 662 July 30, 1947, ch. 357 61 Stat. 564 July 16, 1946, ch. 583 60 Stat. 556  710. Accountability for property issued to the National Guard (a) All military property issued by the United States to the National Guard remains the property of the United States. (b) The Secretary of the Army shall prescribe regulations for accounting for property issued by the United States to the Army National Guard and for the fixing of responsibility for that property. The Secretary of the Air Force shall prescribe regulations for accounting for property issued by the United States to the Air National Guard and for the fixing of responsibility for that property. So far as practicable, regulations prescribed under this section shall be uniform among the components of each service. (c) Under regulations prescribed by the Secretary concerned under subsection (b), liability for the value of property issued by the United States to the National Guard that is lost, damaged, or destroyed may be charged (1) to a member of the Army National Guard or the Air National Guard when in similar circumstances a member of the Army or Air Force serving on active duty would be so charged, or (2) to a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands when the property is lost, damaged, or destroyed incident to duty directed pursuant to the laws of, and in support of the authorities of, such jurisdiction. Liability charged to a member of the Army National Guard or the Air National Guard shall be paid out of pay due to the member for duties performed as a member of the National Guard, unless the Secretary concerned shall for good cause remit or cancel that liability. Liability charged to a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands shall be paid from its funds or from any other non-Federal funds. (d) If property surveyed under this section is found to be unserviceable or unsuitable, the Secretary concerned or his designated representative shall direct its disposition by sale or otherwise. The proceeds of the following under this subsection shall be deposited in the Treasury under section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934: (1) A sale. (2) A stoppage against a member of the National Guard. (3) A collection from a person, or from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, to reimburse the United States for the loss or destruction of, or damage to, the property. (e) If a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, neglects or refuses to pay for the loss or destruction of, or damage to, property charged against it under subsection (c), the Secretary concerned may bar it from receiving any part of appropriations for the Army National Guard or the Air National Guard, as the case may be, until the payment is made. (f) (1) Instead of the procedure prescribed by subsections (b), (c), and (d), property issued to the National Guard that becomes unserviceable through fair wear and tear in service may, under regulations to be prescribed by the Secretary concerned, be sold or otherwise disposed of after an inspection, and a finding of unserviceability because of that wear and tear, by a commissioned officer designated by the Secretary. The State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, is relieved of accountability for that property. (2) In designating an officer to conduct inspections and make findings for purposes of paragraph (1), the Secretary concerned shall designate (A) in the case of the Army National Guard, a commissioned officer of the Regular Army or a commissioned officer of the Army National Guard who is also a commissioned officer of the Army National Guard of the United States; and (B) in the case of the Air National Guard, a commissioned officer of the Regular Air Force or a commissioned officer of the Air National Guard who is also a commissioned officer of the Air National Guard of the United States. ( Aug. 10, 1956, ch. 1041 70A Stat. 615 Pub. L. 85861,  33(c)(3) Sept. 2, 1958 72 Stat. 1567 Pub. L. 96328,  1(a) Aug. 8, 1980 94 Stat. 1027 Pub. L. 96513, title V,  515(8) Dec. 12, 1980 94 Stat. 2937 Pub. L. 97258,  3(h)(2) Sept. 13, 1982 96 Stat. 1065 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 103160, div. A, title V,  524(e) Nov. 30, 1993 107 Stat. 1657 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes   1956 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  710(a) 710(b) 710(c)   710(d)  710(e)  710(f) 32:47 (1st sentence). 32:47 (2d sentence). 32:47 (3d sentence). 32:154 (last proviso of 2d par.). 32:47 (last sentence, less proviso). 32:47 (1st proviso of last sentence). 32:47 (last proviso of last sentence). June 3, 1916, ch. 134,  87 June 3, 1924, ch. 244,  1 Feb. 28, 1925, ch. 371,  4 Aug. 27, 1954, ch. 1014 68 Stat. 880 June 3, 1916, ch. 134,  110 Sept. 22, 1922, ch. 423,  6 Apr. 6, 1928, ch. 322 45 Stat. 408 In subsection (a), the words as herein provided are omitted as surplusage. In subsections (b) and (f), the word commissioned is inserted, since 32:47 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (b), the words by use in service or from any other cause and surveying are omitted as surplusage. The words a survey of the circumstances thereof are substituted for the word it. In subsection (c), the first 12 words of the second sentence are substituted for 32:47 (38th through 77th words of 2d sentence). Clause (2) is substituted for 32:154 (last proviso of 2d par.). In subsection (d), the last sentence is substituted for 32:47 (words between semicolon and 1st colon of last sentence). In subsection (e), the words charged against it under subsection (c) are substituted for the words changed against such State, Territory, or the District of Columbia by the Secretary of the Army after survey by a disinterested officer appointed as hereinbefore provided. The words may bar it from receiving are substituted for the words is authorized to debar such State, Territory, or the District of Columbia from further participation in any and all. In subsection (f), the words Instead of the procedure prescribed by subsections (b)(d) are substituted for the words and to constitute as to such property a discretional substitute for the examination, report, and disposition provided for elsewhere in this section. The words a finding of unserviceability because of that wear and tear are substituted for the words finding to that effect. 1958 Act This change corrects a typographical error. Editorial Notes  References in Text Section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934, referred to in subsec. (d), is section 4(b)(22) of act June 26, 1934, ch. 756 48 Stat. 1228 Pub. L. 97258 Sept. 13, 1982 96 Stat. 877 Amendments 2006Subsecs. (c), (d)(3), (e), (f)(1). Pub. L. 109163 1993Subsec. (f). Pub. L. 103160 1988Subsecs. (c), (d)(3), (e), (f). Pub. L. 100456 1982Subsec. (d). Pub. L. 97258 31 U.S.C. 725c(b)(22) 1980 Pub. L. 96328,  1(b)(1) Subsec. (b). Pub. L. 96328,  1(a) Subsec. (c). Pub. L. 96328,  1(a) Subsec. (d). Pub. L. 96513 31 U.S.C. 725c(b)(22) 1958Subsec. (c). Pub. L. 85861 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendments Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Pub. L. 96328,  2 Aug. 8, 1980 94 Stat. 1028 The amendment made by subsection (a) of the first section of this Act [amending subsecs. (b) and (c) of this section] shall apply to liability for property issued by the United States to the National Guard that is lost, damaged, or destroyed on or after October 1, 1980 section 710 of title 32 Aug. 8, 1980 Effective Date of 1958 Amendment Amendment by Pub. L. 85861 Aug. 10, 1956 section 33(g) of Pub. L. 85861 section 101 of Title 10  711. Disposition of obsolete or condemned property  Each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands shall, upon receiving new property issued to its National Guard to replace obsolete or condemned issues of property, return the replaced property to the Department of the Army or the Department of the Air Force, as the case may be, or otherwise dispose of it, as the Secretary concerned directs. No money credit may be allowed for property disposed of under this section. ( Aug. 10, 1956, ch. 1041 70A Stat. 616 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(2) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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. 109163 1988 Pub. L. 100456  712. Disposition of proceeds of condemned stores issued to National Guard The following shall be covered into the Treasury: (1) The proceeds from sales of condemned stores issued to the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, and not charged against its allotment. (2) The net proceeds from collections made from any person to reimburse the United States for the loss or destruction of, or damage to, property described in clause (1). (3) Stoppage against members of the National Guard for the loss or destruction of, or damage to, property described in clause (1). ( Aug. 10, 1956, ch. 1041 70A Stat. 616 Pub. L. 100456, div. A, title XII,  1234(b)(1) Sept. 29, 1988 102 Stat. 2059 Pub. L. 109163, div. A, title X,  1057(b)(3) Jan. 6, 2006 119 Stat. 3441        Historical and Revision Notes  Revised section Source (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 2006Par. (1). Pub. L. 109163 1988Par. (1). Pub. L. 100456  713. Official mail: free transmission  Units and headquarters of the National Guard, whether or not in Federal service, have the same privilege of free mailing of official matter as the Department of Defense. ( Aug. 10, 1956, ch. 1041 70A Stat. 617        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  713 32:196. Aug. 1, 1953, ch. 305,  643 67 Stat. 357 The word Hereafter is omitted as executed. The words and the Air National Guard are omitted, since National Guard, as defined in section 101(2) of this title  714. Final settlement of accounts: deceased members (a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955 (1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased members death, at the place named in regulations to be prescribed by the Secretary concerned. (2) Surviving spouse. (3) Children and their descendants, by representation. (4) Father and mother in equal parts or, if either is dead, the survivor. (5) Legal representative. (6) Person entitled under the law of the domicile of the deceased member. (b) Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform with those prescribed for the armed forces under section 2771(b) of title 10 (c) Under such regulations as the Secretary concerned may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be. (d) A payment under this section bars recovery by any other person of the amount paid. (Added Pub. L. 85861,  2(12) Sept. 2, 1958 72 Stat. 1546 Pub. L. 8746 June 16, 1961 75 Stat. 92 Pub. L. 104316, title II,  202(q) Oct. 19, 1996 110 Stat. 3844        Historical and Revision Notes  Revised section Source (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 69 Stat. 295 714(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 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 1996Subsec. (c). Pub. L. 104316 (1) upon settlement by the General Accounting Office; or (2) as otherwise authorized by the Comptroller General. 1961Subsec. (c). Pub. L. 8746 (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 section 2771 of Title 10  715. Property loss; personal injury or death: activities under certain sections of this title (a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for (1) damage to, or loss of, real property, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or (3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37 (b) A claim may be allowed under subsection (a) only if (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated; (2) it is not covered by section 2734 of title 10 section 2672 of title 28 (3) it is not for personal injury or death of such a member or a person employed under section 709 of this title (4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee, or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and (5) it is substantiated as prescribed in regulations of the Secretary concerned. For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico. (d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31 (e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. (f) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose. (g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive. (h) In this section, settle means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance. (Added Pub. L. 86740,  1(1) Sept. 13, 1960 74 Stat. 878 Pub. L. 87649,  8(b) Sept. 7, 1962 76 Stat. 495 Pub. L. 90486,  2(3) Aug. 13, 1968 82 Stat. 756 Pub. L. 90525,  6 Sept. 26, 1968 82 Stat. 878 Pub. L. 91312,  3 July 8, 1970 84 Stat. 412 Pub. L. 92445 Sept. 29, 1972 86 Stat. 745 Pub. L. 93336,  3 July 8, 1974 88 Stat. 292 Pub. L. 98564,  4 Oct. 30, 1984 98 Stat. 2919 Pub. L. 104316, title II,  202(r) Oct. 19, 1996 110 Stat. 3844  Editorial Notes Amendments 1996Subsec. (d). Pub. L. 104316 1984Subsec. (a). Pub. L. 98564,  4(1) Subsec. (d). Pub. L. 98564,  4(2) Subsec. (f). Pub. L. 98564,  4(3) section 2733(g) of title 10 1974Subsecs. (a), (d). Pub. L. 93336,  3(1) Subsec. (f). Pub. L. 93336,  3(3) 1972Subsec. (b)(4). Pub. L. 92445 1970Subsecs. (a), (d). Pub. L. 91312 1968Subsec. (a). Pub. L. 90486 section 709 of this title Subsec. (f). Pub. L. 90525 1962Subsec. (a)(3). Pub. L. 87649 section 206 of title 37 section 301 of title 37 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90486 Jan. 1, 1968 Jan. 1, 1968 section 11 of Pub. L. 90486 section 709 of this title Effective Date of 1962 Amendment Amendment by Pub. L. 87649 Nov. 1, 1962 section 15 of Pub. L. 87649 section 101 of Title 37 Savings Provision for Claims Arising Before January 1, 1969 Settlement and payment of claims arising under this section before January 1, 1969 section 3(a) of Pub. L. 90486 section 709 of this title  716. Claims for overpayment of pay and allowances, and travel and transportation allowances (a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972 (1) the Director of the Office of Management and Budget; or (2) the Secretary concerned, as defined in section 101(5) of title 37 (A) the claim is in an amount aggregating not more than $10,000; and (B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe. (b) The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or (2) if application for waiver is received in his office after the expiration of five years immediately following the date on which the erroneous payment was discovered. (c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section. (d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes. (f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (Added Pub. L. 92453,  2(1) Oct. 2, 1972 86 Stat. 759 Pub. L. 96513, title V,  515(9) Dec. 12, 1980 94 Stat. 2937 Pub. L. 99224,  3(a) Dec. 28, 1985 99 Stat. 1742 Pub. L. 102190, div. A, title VI,  657(c) Dec. 5, 1991 105 Stat. 1393 Pub. L. 104316, title I,  116 Oct. 19, 1996 110 Stat. 3835 Pub. L. 109364, div. A, title VI,  671(b) Oct. 17, 2006 120 Stat. 2270  Editorial Notes Amendments 2006Subsec. (a)(2)(A). Pub. L. 109364,  671(b)(1) Subsec. (b)(2). Pub. L. 109364,  671(b)(2) 1996Subsec. (a)(1). Pub. L. 104316,  116(1)(A) Subsec. (a)(2). Pub. L. 104316,  116(1)(B) Subsec. (b). Pub. L. 104316,  116(2) 1991Subsec. (a)(2)(A). Pub. L. 102190 1985 Pub. L. 99224,  3(a)(1) Subsec. (a). Pub. L. 99224,  3(a)(2) October 2, 1972 October 2, 1972 Subsec. (b)(2). Pub. L. 99224,  3(a)(3) 1980Subsec. (a). Pub. L. 96513 October 2, 1972 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Amendment by Pub. L. 109364 Mar. 1, 2007 section 671(c) of Pub. L. 109364 section 2774 of Title 10 Effective Date of 1996 Amendment Amendment by Pub. L. 104316 Oct. 19, 1996 section 101(e) of Pub. L. 104316 section 4593 of Title 2 Effective Date of 1985 Amendment Amendment by Pub. L. 99224 Dec. 28, 1985 section 4 of Pub. L. 99224 section 5584 of Title 5 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 [ 717. Repealed. Pub. L. 109163, div. A, title V,  589(b)(2) Jan. 6, 2006 119 Stat. 3279   Section, added Pub. L. 108375, div. A, title V,  520(b)(1) Oct. 28, 2004 118 Stat. 1886 CHAPTER 9 HOMELAND DEFENSE ACTIVITIES    Sec.  901. Definitions.  902. Homeland defense activities: funds.  903. Regulations.  904. Homeland defense duty.  905. Funding assistance.  906. Requests for funding assistance.  907. Relationship to State duty.  908. Annual report.  901. Definitions In this chapter: (1) The term homeland defense activity means an activity undertaken for the military protection of the territory or domestic population of the United States, or of infrastructure or other assets of the United States determined by the Secretary of Defense as being critical to national security, from a threat or aggression against the United States. (2) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1878  Statutory Notes and Related Subsidiaries Implementation of Certain Recommendations Regarding Use of Unmanned Aircraft Systems by the National Guard Pub. L. 11781, div. A, title V,  514 Dec. 27, 2021 135 Stat. 1683 Not later than September 30, 2022 Public Law 116283 134 Stat. 3596 Pilot Program on Remote Provision by National Guard to National Guards of Other States of Cybersecurity Technical Assistance in Training, Preparation, and Response to Cyber Incidents Pub. L. 116283, div. A, title XVII,  1725 Jan. 1, 2021 134 Stat. 4112  (a)  Pilot Program Authorized. (1)  In general The Secretary of Defense may conduct a pilot program to assess the feasibility and advisability of the development of a capability in support of Department of Defense missions within the National Guard through which a National Guard of a State remotely provides National Guards of other States (whether or not in the same Armed Force as the providing National Guard) with cybersecurity technical assistance in training, preparation, and response to cyber incidents. (2)  Termination The authorization under paragraph (1) to conduct the pilot program expires 24 months after the date of the enactment of this Act [ Jan. 1, 2021 (b)  Assessment Prior to Commencement For purposes of the pilot program described in subsection (a), the Secretary of Defense shall, prior to commencing the pilot program, for purposes of evaluating existing platforms, technologies, and capabilities under subsection (c), and for establishing eligibility and participation requirements under such subsection (1) conduct an assessment of (A) existing cyber response capacities of the Army National Guard or Air National Guard, as applicable, in each State; and (B) any existing platform, technology, or capability of a National Guard that provides the capability described in subsection (a)(1); (2) determine whether a platform, technology, or capability referred to in subparagraph (B) is suitable for expansion for purposes of the pilot program; and (3) assess potential benefits or impact on the missions, the Total Force, the Cyber Operations Forces, and the cyber infrastructure of the Department of Defense. (c)  Elements The pilot program described in subsection (a) may include the following: (1) A technical capability that enables the National Guard of a State to remotely provide cybersecurity technical assistance to National Guards of other States, without the need to deploy outside its home State. (2) The development of policies, processes, procedures, and authorities for use of such a capability, including with respect to the following: (A) The roles and responsibilities of both requesting and deploying National Guards with respect to such technical assistance, taking into account the matters specified in subsection (g). (B) Necessary updates to the Defense Cyber Incident Coordinating Procedure, or any other applicable Department of Defense instruction, for purposes of implementing such a capability. (C) Program management and governance structures for deployment and maintenance of such a capability. (D) Security when performing remote support, including in matters such as authentication and remote sensing. (3) The conduct, in consultation with the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation, the heads of other Federal agencies, and appropriate non-Federal entities, as appropriate, of at least one exercise to demonstrate such a capability, which exercise shall include the following: (A) Participation of not fewer than the National Guards of two different States. (B) Circumstances designed to test and validate the policies, processes, procedures, and authorities developed pursuant to paragraph (2). (d)  Use of Existing Technology The Secretary of Defense may use an existing platform, technology, or capability to provide the technical capability described in subsection (a)(1) under the pilot program. (e)  Eligibility and Participation Requirements The Secretary of Defense shall, in consultation with the Chief of the National Guard Bureau, establish requirements with respect to eligibility and participation of National Guards in the pilot program. (g) [sic] Construction With Certain Current Authorities. (1)  Command authorities Nothing in this section may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard participating in the pilot program. (2)  Emergency management assistance compact Nothing in this section may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact, or any other State agreements, or as determinative of the future content of any such agreement. (h)  Evaluation Metrics The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot program. (i)  Term The pilot program under subsection (b) shall terminate not later than the date that is three years after the date of the commencement of the pilot program. (j)  Reports. (1)  Initial report Not later than 180 days after the date of the commencement of the pilot program, the Secretary of Defense shall submit to the appropriate committees of Congress and the Secretary of Homeland Security an initial report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate. (2)  Final report Not later than 180 days after the termination of the pilot program, the Secretary of Defense shall submit to the appropriate committees of Congress and the Secretary of Homeland Security a final report on the pilot program. The final report shall include the following: (A) A description of the pilot program, including any partnerships entered into under the pilot program. (B) A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (b). (C) A summary of the evaluation metrics established in accordance with subsection (h), including how the pilot program contributes directly to Department of Defense missions. (D) An assessment of the effectiveness of the pilot program, and of the capability described in subsection (c)(1) under the pilot program. (E) A description of costs associated with the implementation and conduct of the pilot program. (F) A recommendation as to the value of the pilot program, including whether to authorize a permanent program modeled on the pilot program, including whether the pilot program duplicates the remote operating concept and capabilities of active duty cyber operations forces. (G) An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F). (H) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program. (3)  Appropriate committees of congress defined In this subsection, the term appropriate committees of Congress means (A) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate. (k)  State Defined In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Cyber Capabilities and Interoperability of the National Guard Pub. L. 116283, div. A, title XVII,  1729 Jan. 1, 2021 134 Stat. 4118  (a)  Evaluation. (1)  In general Not later than 180 days after the date of the enactment of this Act [ Jan. 1, 2021 (2)  Consideration of inputs In conducting the evaluation under paragraph (1), the Secretary of Defense shall consult with the Secretary of Homeland Security and may solicit and consider inputs from the following: (A) The heads of Federal agencies determined appropriate by the Secretary of Defense. (B) State governors. (C) The heads of other non-Federal entities as determined appropriate by the Secretary of Defense. (b)  Elements of Evaluation The evaluation required under subsection (a) shall include review of the following: (1) Regulations promulgated under section 903 of title 32 (2) Guidance promulgated regarding how units of the National Guard shall collaborate with relevant civil, law enforcement, and cybersecurity agencies when conducting a homeland defense activity under section 902 of title 32 (c)  Update to Certain Regulations and Guidance If the Secretary of Defense determines such is appropriate based on the evaluation required under subsection (a) and the review described in subsection (b), the Secretary shall update (1) the regulations referred to in subsection (b)(1); and (2) the guidance referred to in subsection (b)(2). (d)  Update to the National Cyber Incident Response Plan Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense, may update the National Cyber Incident Response Plan to address any changes made by the Secretary of Defense to the roles and responsibilities of the National Guard for the response to and recovery from significant cyber incidents. (e)  Joint Briefings Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly brief the congressional defense committees, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the following: (1) The results of the evaluation required under subsection (a)(1), including the utilization of any input provided to the Secretary of Defense pursuant to subsection (a)(2). (2) Any updated regulations or guidance in accordance with subsection (c). (3) Any update by the Secretary of Homeland Security to the National Cyber Incident Response Plan pursuant to subsection (d). (4) How the Department of Defense, including the National Guard, and the Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency and the Federal Emergency Management Agency, will collaborate with each other and with relevant law enforcement, State governments, and other non-Federal entities when responding to and recovering from significant cyber incidents. (f)  Definition The term significant cyber incident means a cyber incident that results, or several related cyber incidents that result, in demonstrable harm to (1) the national security interests, foreign relations, or economy of the United States; or (2) the public confidence, civil liberties, or public health and safety of the American people.  902. Homeland defense activities: funds  The Secretary of Defense may provide funds to a Governor to employ National Guard units or members to conduct homeland defense activities that the Secretary determines to be necessary and appropriate for participation by the National Guard units or members, as the case may be. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1878 Pub. L. 109364, div. A, title X,  1071(b)(1) Oct. 17, 2006 120 Stat. 2400 Pub. L. 115232, div. A, title X,  1081(b) Aug. 13, 2018 132 Stat. 1985  Editorial Notes Amendments 2018 Pub. L. 115232 2006 Pub. L. 109364  903. Regulations  The Secretary of Defense shall prescribe regulations to implement this chapter. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1878  904. Homeland defense duty (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 (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 section 502(a)(1) of this title (d)  Readiness To ensure that the use of units and personnel of the National Guard of a State for homeland defense activities does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the homeland defense activities that units and personnel of the National Guard of a State may perform: (1) The performance of the activities is not to affect adversely the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. (2) The performance of the activities is not to degrade the military skills of the members of the National Guard performing those activities. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1878  905. Funding assistance In the case of any homeland defense activity for which the Secretary of Defense determines under section 902 of this title (1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State. (2) The operation and maintenance of the equipment and facilities of the National Guard of that State. (3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1879  906. Requests for funding assistance A Governor of a State may request funding assistance for the homeland defense activities of the National Guard of that State from the Secretary of Defense. Any such request shall include the following: (1) The specific intended homeland defense activities of the National Guard of that State. (2) An explanation of why participation of National Guard units or members, as the case may be, in the homeland defense activities is necessary and appropriate. (3) A certification that homeland defense activities are to be conducted at a time when the personnel involved are not in Federal service. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1879  907. Relationship to State duty  Nothing in this chapter shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform functions authorized to be performed by the National Guard by the laws of the State concerned. (Added Pub. L. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1879  908. Annual report (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 (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. 108375, div. A, title V,  512(a)(1) Oct. 28, 2004 118 Stat. 1879 Pub. L. 109364, div. A, title X,  1071(b)(2) Oct. 17, 2006 120 Stat. 2400 Pub. L. 11281, div. A, title X,  1065(a) Dec. 31, 2011 125 Stat. 1588  Editorial Notes Amendments 2011Subsec. (a). Pub. L. 11281 2006Subsec. (b)(1). Pub. L. 109364