dreamproit/uscode huggingface dataset:
32 U.S.C. § 318...321 (NATIONAL GUARD)
[§§ 318 to 321. Repealed. Pub. L. 99–661, div. A, title VI, § 604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878]
text: Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept. 2, 1958, Pub. L. 85–861, § 33(c)(1), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87–649, § 8(a), 76 Stat. 495, related to compensation for members of National Guard for disablement during training.
text: Section 319, act Aug. 10, 1956, ch. 1041, 70A Stat. 605, related to compensation for members of National Guard for disablement during training when not covered by section 318 of this title.
text: Section 320, act Aug. 10, 1956, ch. 1041, 70A Stat. 606, related to hospitalization ordered by Secretary of Army or Air Force for members of National Guard.
text: Section 321, acts Aug. 10, 1956, ch. 1041, 70A Stat. 606; Sept. 2, 1958, Pub. L. 85–861, § 2(10), 72 Stat. 1544; Sept. 7, 1962, Pub. L. 87–649, § 8(b), 76 Stat. 495, related to death gratuities for members of National Guard.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 1074a of Title 10, Armed Forces.
32 U.S.C. § 326 (NATIONAL GUARD)
§ 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. 107–314, div. A, title V, § 512(a), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109–163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)
text: 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.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”.
2002—Pub. L. 107–314 inserted at end “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”
32 U.S.C. § 328 (NATIONAL GUARD)
§ 328. Active Guard and Reserve duty: Governor’s 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, pursuant to section 502(f) of this title.
(b) Duties.—
A member of the National Guard performing duty under subsection (a) may perform the additional duties specified in section 502(f)(2) of this title to the extent that the performance of those duties does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components.
(Added Pub. L. 109–364, div. A, title V, § 526(a), Oct. 17, 2006, 120 Stat. 2196.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 328, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related to special courts-martial of the National Guard not in Federal service, prior to repeal by Pub. L. 107–314, div. A, title V, § 512(c), Dec. 2, 2002, 116 Stat. 2537, applicable with respect to courts-martial convened after Dec. 2, 2002.
32 U.S.C. § 329...333 (NATIONAL GUARD)
[§§ 329 to 333. Repealed. Pub. L. 107–314, div. A, title V, § 512(c)(1), Dec. 2, 2002, 116 Stat. 2537]
text: Section 329, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related to summary courts-martial of National Guard not in Federal service.
text: Section 330, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, related to confinement instead of fine for a court-martial in the National Guard not in Federal service.
text: Section 331, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100–456, div. A, title XII, § 1234(b)(3), Sept. 29, 1988, 102 Stat. 2059, related to sentence of dismissal or dishonorable discharge in the National Guard not in Federal service.
text: Section 332, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, authorized the president of a court-martial or a summary court officer to compel attendance of accused and witnesses in the National Guard not in Federal service.
text: Section 333, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059, related to execution of process and sentence of courts-martial in the National Guard not in Federal service.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 107–314, div. A, title V, § 512(c)(2), Dec. 2, 2002, 116 Stat. 2537, provided that: “The provisions of law repealed by paragraph (1) [repealing sections 328 to 333 of this title] shall continue to apply with respect to courts-martial convened in the National Guard not in Federal service before the date of the enactment of this Act [Dec. 2, 2002].”
32 U.S.C. § 334 (NATIONAL GUARD)
[§ 334. Repealed. Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666]
text: Section, added Pub. L. 94–464, § 2(b), Oct. 8, 1976, 90 Stat. 1986; amended Pub. L. 96–513, title V, § 515(3), Dec. 12, 1980, 94 Stat. 2937, provided for the payment of malpractice liability of National Guard Medical personnel. See sections 1089(a) of Title 10, Armed Forces, and 2671 of Title 28, Judiciary and Judicial Procedure.
heading: Statutory Notes and Related Subsidiaries
heading: Amendment After Repeal
text: Pub. L. 97–258, § 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported to substitute “section 1304 of title 31” for “section 1302 of the Act of July 27, 1956, (31 U.S.C. 724a)” in subsec. (a) of section 334 of this title, without reference to the earlier repeal of that section by Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666.
heading: Effective Date of Repeal
text: Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97–124, set out as an Effective Date of 1981 Amendment note under section 1089 of Title 10, Armed Forces.
32 U.S.C. § 504 (NATIONAL GUARD)
§ 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. 88–621, § 1(2), Oct. 3, 1964, 78 Stat. 999; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
text: 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 (less last sentence); restated May 28, 1926, ch. 417, § 2 (less last sentence), 44 Stat. 674.
In subsection (a), the word “members” is substituted for the words “officers, warrant officers, and enlisted men”. The words “for the purpose” and “for that purpose” are omitted as surplusage.
In subsection (b), the words “Assemblies under subsection (a)” are substituted for the words “such assemblages”. The words “for members of the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia * * * inside or outside of its boundaries” are substituted for the words “either within or without the State, Territory, or District of Columbia, to which the members of the National Guard designated to attend them shall belong”.
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
1964—Pub. L. 88–621 substituted provisions authorizing the Secretaries of the Army and of the Air Force to issue regulations, for provisions authorizing the President to issue regulations, and provided that members of the National Guard may conduct or attend schools conducted by the National Guard.
32 U.S.C. § 505 (NATIONAL GUARD)
§ 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. 100–456, div. A, title XII, § 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(4), Jan. 6, 2006, 119 Stat. 3441.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
505
32:65.
June 3, 1916, ch. 134, § 99 (1st 133 words); restated Sept. 22, 1922, ch. 423, § 5 (1st 129 words); restated May 28, 1926, ch. 417, § 3 (1st 133 words), 44 Stat. 674.
The words “branch of the Army corresponding” are substituted for the words “same arm, corps, or department”, to conform to sections 3063 and 3064 of title 10. In the second sentence, the words “organization of the Air Force corresponding” are substituted for the words “same arm, corps, or department”, since the Air Force is not organized by statute into branches, arms, corps, or departments. The word “members” is substituted for the words “officers, warrant officers, and enlisted men”. The words “service school” are substituted for the words “military-service school of the United States”. Reference to the United States Air Force Academy is inserted to reflect its establishment by the Air Force Academy Act (63 Stat. 47).
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “State or Territory or Puerto Rico” in introductory provisions.
1988—Pub. L. 100–456, which directed the substitution of “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,” in subsec. (a), was executed to the introductory provisions of this section as the probable intent of Congress.
32 U.S.C. § 704 (NATIONAL GUARD)
§ 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. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
text: 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”.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”.
1988—Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
32 U.S.C. § 706 (NATIONAL GUARD)
§ 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 of this title, arms and equipment that the Secretary concerned determines are sufficient to accomplish their peacetime mission shall be returned with them.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)
text: 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) (last 17 words), 66 Stat. 504.
The words “So far as practicable” are inserted, since sufficient arms and equipment might not be available.
heading: Editorial Notes
heading: References in Text
text: Section 325(b) of this title, referred to in text, was redesignated section 325(c) of this title by Pub. L. 110–417, [div. A], title V, § 517(b)(1), Oct. 14, 2008, 122 Stat. 4442.
32 U.S.C. § 711 (NATIONAL GUARD)
§ 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. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)
text: 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).
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”.
1988—Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
32 U.S.C. § 712 (NATIONAL GUARD)
§ 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. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
text: 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”.
heading: Editorial Notes
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”.
1988—Par. (1). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
32 U.S.C. § 902 (NATIONAL GUARD)
§ 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. 108–375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1878; amended Pub. L. 109–364, div. A, title X, § 1071(b)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 115–232, div. A, title X, § 1081(b), Aug. 13, 2018, 132 Stat. 1985.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “the Secretary determines” for “the Secretary, determines”.
2006—Pub. L. 109–364 struck out “(a)” before “The Secretary”.
32 U.S.C. § 908 (NATIONAL GUARD)
§ 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 from being counted for the purpose of end-strengths authorized pursuant to subsection (a)(1) of such section.
(2) A description of the homeland defense activities conducted with funds provided under this chapter.
(3) An accounting of the amount of the funds provided to each State.
(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform homeland defense activities under this chapter.
(Added Pub. L. 108–375, div. A, title V, § 512(a)(1), Oct. 28, 2004, 118 Stat. 1879; amended Pub. L. 109–364, div. A, title X, § 1071(b)(2), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 112–81, div. A, title X, § 1065(a), Dec. 31, 2011, 125 Stat. 1588.)
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 112–81 substituted “After the end of any fiscal year during which any assistance was provided or activities were carried out under this chapter,” for “After the end of each fiscal year,”.
2006—Subsec. (b)(1). Pub. L. 109–364 substituted “(i)(13)” for “(i)”.
38 U.S.C. § 119 (VETERANS’ BENEFITS)
§ 119. Contracting for statistical analyses and data evaluation
(a) In General.—
The Secretary may enter into a contract or other agreement with an academic institution or other qualified entity, as determined by the Secretary, to carry out statistical analyses and data evaluation as required of the Secretary by law.”.1
(b) Rule of Construction.—
Nothing in this section may be construed to limit the authority of the Secretary to enter into contracts or other agreements for statistical analyses and data evaluation under any other provision of law.
(Added Pub. L. 116–171, title III, § 306(a), Oct. 17, 2020, 134 Stat. 805.)
38 U.S.C. § 7602 (VETERANS’ BENEFITS)
§ 7602. Eligibility
(a)
(1) To be eligible to participate in the Educational Assistance Program under subchapter II, III, VI, or IX of this chapter, an individual must be accepted for enrollment or be currently enrolled as a student at a qualifying educational institution in a course of education or training that is approved by the Secretary and that leads toward completion of a degree in a field of education or training for which a scholarship may be awarded under subchapter II of this chapter, for which tuition reimbursement may be provided under subchapter III of this chapter, or for which a scholarship may be awarded under subchapter VI or IX of this chapter, as the case may be.
(2) A qualifying educational institution for purposes of this section is an educational institution that is in a State and that (as determined by the Secretary) is an accredited institution.
(b) An individual is not eligible to apply to participate in the Educational Assistance Program under subchapter II, III, VI, or IX of this chapter if the individual is obligated under any other Federal program to perform service after completion of the course of education or training of such individual referred to in subsection (a) of this section.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 518, § 4302; amended Pub. L. 101–366, title II, § 205(c)(2), Aug. 15, 1990, 104 Stat. 441; renumbered § 7602, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title VIII, § 805(2), Nov. 11, 1998, 112 Stat. 3358; Pub. L. 116–171, title V, § 502(b)(1)(B), Oct. 17, 2020, 134 Stat. 818.)
heading: Amendments
text: 2020—Subsec. (a)(1). Pub. L. 116–171, § 502(b)(1)(B)(i), substituted “VI, or IX” for “or VI” and “subchapter VI or IX” for “subchapter VI”.
Subsec. (b). Pub. L. 116–171, § 502(b)(1)(B)(ii), substituted “VI, or IX” for “or VI”.
1998—Subsec. (a)(1). Pub. L. 105–368, § 805(2)(A), substituted “subchapter II, III, or VI” for “subchapter I or II”, substituted “, for which” for “or for which”, and inserted before period at end “, or for which a scholarship may be awarded under subchapter VI of this chapter, as the case may be”.
Subsec. (b). Pub. L. 105–368, § 805(2)(B), substituted “subchapter II, III, or VI” for “subchapter I or II”.
1991—Pub. L. 102–40 renumbered section 4302 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator” in pars. (1) and (2).
1990—Subsecs. (a)(1), (b). Pub. L. 101–366 inserted “under subchapter I or II of this chapter” after “Educational Assistance Program”.