### §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; and

(B) the Army National Guard was selected to perform the activity under competitive procedures that permit all qualified public-sector and private-sector sources to submit offers and be considered for selection to perform the activity on the basis of the offers, subject to the exceptions provided in section 3204(a) of title 10.

(2) Paragraph (1)(B) does not apply to an activity that, on October 17, 1998, was performed for the Federal Government by employees of the Federal Government or employees of a State.

(c) Disbursement Through National Guard Bureau.—The Secretary of the Army shall disburse any contribution under this section through the Chief of the National Guard Bureau.

(d) Availability of Funds.—Funds appropriated for the Army for a fiscal year are available for providing financial assistance under this section in support of activities carried out by the Army National Guard during that fiscal year.

(Added Pub. L. 105–85, div. A, title III, §386(a), Nov. 18, 1997, 111 Stat. 1712; amended Pub. L. 105–261, div. A, title III, §375(a), Oct. 17, 1998, 112 Stat. 1992; Pub. L. 106–65, div. A, title X, §1066(d)(4), Oct. 5, 1999, 113 Stat. 773; Pub. L. 108–375, div. A, title VIII, §806, Oct. 28, 2004, 118 Stat. 2010; Pub. L. 115–232, div. A, title VIII, §809(j), Aug. 13, 2018, 132 Stat. 1843; Pub. L. 117–81, div. A, title XVII, §1702(f)(1), Dec. 27, 2021, 135 Stat. 2157.)

#### **Editorial Notes**

#### Amendments

2021—Subsec. (b)(1)(B). Pub. L. 117–81 substituted "section 3204(a)" for "section 2304(c)".

2018—Subsec. (b)(1)(A). Pub. L. 115–232 substituted "section 7013(b) of title 10" for "section 3013(b) of title 10".

2004—Subsec. (b)(1)(B). Pub. L. 108–375 inserted before period at end ", subject to the exceptions provided in section 2304(c) of title 10".

1999—Subsec. (b)(2). Pub. L. 106–65 substituted "October 17, 1998" for "the date of the enactment of this subsection".

1998—Subsec. (b). Pub. L. 105–261 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Activities supported under this section may include only those activities that are carried out by the Army National Guard in the performance of responsibilities of the Secretary of the Army under paragraphs (6), (10), and (11) of section 3013(b) of title 10."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

#### Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title III, §375(b), Oct. 17, 1998, 112 Stat. 1993, provided that: "Subsection (b)(1)(B) of section 113 of title 32, United States Code (as added by subsection (a) of this section), does not apply to—

"(1) financial assistance provided under that section before October 1, 1998; or

"(2) financial assistance for an activity that, before May 9, 1998, the Secretary of the Army identified in writing as being under consideration for supporting with financial assistance under that section."