dreamproit/uscode huggingface dataset:
25 U.S.C. § 5376 (INDIANS)
§ 5376. Application of other provisions
Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), shall apply to compacts and funding agreements entered into under this subchapter.
(Pub. L. 93–638, title IV, § 416, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)
heading: References in Text
text: Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991, referred to in text, is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title.
25 U.S.C. § 5377 (INDIANS)
§ 5377. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(Pub. L. 93–638, title IV, § 417, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5368 of this title prior to repeal by Pub. L. 116–180.
25 U.S.C. § 5801 (INDIANS)
§ 5801. Findings
Congress finds that—
(1) entrepreneurs face specific challenges when transforming ideas into profitable business enterprises;
(2) entrepreneurs that want to provide products and services in reservation communities face an additional set of challenges that requires special knowledge;
(3) a business incubator is an organization that assists entrepreneurs in navigating obstacles that prevent innovative ideas from becoming viable businesses by providing services that include—
(A) workspace and facilities resources;
(B) access to capital, business education, and counseling;
(C) networking opportunities;
(D) mentorship opportunities; and
(E) an environment intended to help establish and expand business operations;
(4) the business incubator model is suited to accelerating entrepreneurship in reservation communities because the business incubator model promotes collaboration to address shared challenges and provides individually tailored services for the purpose of overcoming obstacles unique to each participating business; and
(5) business incubators will stimulate economic development by providing Native entrepreneurs with the tools necessary to grow businesses that offer products and services to reservation communities.
(Pub. L. 116–174, § 2, Oct. 20, 2020, 134 Stat. 839.)
heading: Short Title
text: Pub. L. 116–174, § 1, Oct. 20, 2020, 134 Stat. 839, provided that: “This Act [enacting this chapter] may be cited as the ‘Native American Business Incubators Program Act’.”
25 U.S.C. § 5802 (INDIANS)
§ 5802. Definitions
In this chapter:
(1) Business incubator
The term “business incubator” means an organization that—
(A) provides physical workspace and facilities resources to startups and established businesses; and
(B) is designed to accelerate the growth and success of businesses through a variety of business support resources and services, including—
(i) access to capital, business education, and counseling;
(ii) networking opportunities;
(iii) mentorship opportunities; and
(iv) other services intended to aid in developing a business.
(2) Eligible applicant
The term “eligible applicant” means an applicant eligible to apply for a grant under section 5803(b) of this title.
(3) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of this title.
(4) Institution of higher education
The term “institution of higher education” has the meaning given the term in section 1001 of title 20.
(5) Native American; Native
The terms “Native American” and “Native” have the meaning given the term “Indian” in section 5304 of this title.
(6) Native business
The term “Native business” means a business concern that is at least 51-percent owned and controlled by 1 or more Native Americans.
(7) Native entrepreneur
The term “Native entrepreneur” means an entrepreneur who is a Native American.
(8) Program
The term “program” means the program established under section 5803(a) of this title.
(9) Reservation
The term “reservation” has the meaning given the term in section 1452 of this title.
(10) Secretary
The term “Secretary” means the Secretary of the Interior.
(11) Tribal college or university
The term “tribal college or university” has the meaning given the term “Tribal College or University” in section 1059c(b) of title 20.
(Pub. L. 116–174, § 3, Oct. 20, 2020, 134 Stat. 839.)
25 U.S.C. § 5806 (INDIANS)
§ 5806. Agency partnerships
The Secretary shall coordinate with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Treasury, and the Administrator of the Small Business Administration to ensure, to the maximum extent practicable, that business incubators receiving grant funds under the program have the information and materials needed to provide Native businesses and Native entrepreneurs with the information and assistance necessary to apply for business and entrepreneurial development programs administered by the Department of Agriculture, the Department of Commerce, the Department of the Treasury, and the Small Business Administration.
(Pub. L. 116–174, § 7, Oct. 20, 2020, 134 Stat. 847.)
32 U.S.C. § 103 (NATIONAL GUARD)
§ 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. 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)
103
32:9.
July 9, 1918, ch. 143 (proviso of 13th par. under “National Guard”), 40 Stat. 875.
The word “members” is substituted for the words “officers and enlisted men”. The word “Regular” is omitted, since the organization is now prescribed for the Army, and the Regular Army is only a personnel category.
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. § 108 (NATIONAL GUARD)
§ 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. 103–337, div. A, title IX, § 904(c), Oct. 5, 1994, 108 Stat. 2827.)
text: 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.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 amended section generally. Prior to amendment, section read as follows: “If, within a time to be fixed by the President, a State does not comply with or enforce a requirement of, or regulation prescribed under, this title its National Guard is barred, wholly or partly as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as an Effective Date note under section 10501 of Title 10, Armed Forces.
32 U.S.C. § 111 (NATIONAL GUARD)
§ 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 of this title with respect to the Army National Guard or the Air National Guard.
(Added Pub. L. 85–861, § 2(3), Sept. 2, 1958, 72 Stat. 1543.)
text: 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 (as applicable to National Guard), 68 Stat. 1152.
Reference to the exception in section 307(a) is omitted as unnecessary because a suspension of section 307(e) of this title, or of section 8365 or 8366 of Title 10, will in effect suspend that exception so far as it refers to the suspended section. A reference to the remainder of section 307(a) is omitted as unnecessary because the general rule that it states exists independently of that part of the source law for section 307(a) that is suspendible under this section. A reference to section 307(f) is omitted as unnecessary because a suspension of section 307(e) will in effect suspend section 307(f) so far as it applies to section 307(e). 50:1199 (2d sentence) is omitted as inapplicable to the National Guard.
heading: Editorial Notes
heading: References in Text
text: Section 323(e) of this title, referred to in text, was repealed by Pub. L. 103–337, div. A, title XVI, § 1630(2), Oct. 5, 1994, 108 Stat. 2964.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.
32 U.S.C. § 114 (NATIONAL GUARD)
§ 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. 105–85, div. A, title V, § 517(a)(1), Nov. 18, 1997, 111 Stat. 1733; amended Pub. L. 105–261, div. A, title V, § 567(d), Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title V, § 578(g)(1), (k)(3)(A), Oct. 5, 1999, 113 Stat. 627, 631.)
heading: Editorial Notes
heading: Amendments
text: 1999—Pub. L. 106–65, in section catchline, substituted “Funeral honors” for “Honor guard” and, in text, substituted “funeral honors functions” for “honor guard functions” in two places and “drill or training, but may be performed as funeral honors duty under section 115 of this title” for “drill or training otherwise required”.
1998—Pub. L. 105–261 designated subsec. (a) as entire section and struck out subsec. (b) which read as follows: “This section does not authorize additional appropriations for any fiscal year. Any expense of the National Guard that is incurred by reason of this section shall be paid from appropriations otherwise available for the National Guard.”
32 U.S.C. § 302 (NATIONAL GUARD)
§ 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. 87–378, § 5(1), Oct. 4, 1961, 75 Stat. 808.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
302
32:124.
June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under “National Guard”); restated June 4, 1920, ch. 227, subch. I, § 37; restated June 6, 1924, ch. 275, § 4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806(a), 66 Stat. 506.
32:124 (1st proviso) is omitted as executed. The word “reenlistments” is substituted for the words “subsequent enlistments”.
heading: Editorial Notes
heading: Amendments
text: 1961—Pub. L. 87–378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1961 Amendment
text: Pub. L. 87–378, § 6, Oct. 4, 1961, 75 Stat. 808, provided that: “The amendments made by sections 3, 4, and 5 of this Act [amending this section and sections 3261 and 8261 of Title 10, Armed Forces] shall not affect any enlistment, reenlistment, or appointment entered into or made before the effective date of this Act [Oct. 4, 1961].”
32 U.S.C. § 304 (NATIONAL GUARD)
§ 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. 87–751, § 2, Oct. 5, 1962, 76 Stat. 748; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
304
32:123.
June 3, 1916, ch. 134, § 70; restated June 4, 1920, ch. 227, subch. I, § 38; restated June 15, 1933, ch. 87, § 8, 48 Stat. 156; June 19, 1935, ch. 277, § 3, 49 Stat. 391; July 9, 1952, ch. 608, § 806(b), 66 Stat. 506.
The words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1. The words “Each person” are substituted for the word “Men”. The words “______ National Guard” are substituted for the words “National Guard (Air National Guard)”.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
1962—Pub. L. 87–751 substituted “support and defend the Constitution of the United States and of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them” for “bear true faith and allegiance to the United States of America and to the State of ______: That I will serve them honestly and faithfully against all their enemies whomsoever” and inserted “So help me God.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1962 Amendment
text: Amendment by Pub. L. 87–751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87–751, set out as a note under section 502 of Title 10, Armed Forces.
32 U.S.C. § 308 (NATIONAL GUARD)
§ 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, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.
(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110–181, div. A, title V, § 514, Jan. 28, 2008, 122 Stat. 99.)
text: 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 (less 2d sentence), 66 Stat. 502.
In subsection (a), the words “by regulations” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words “as an officer of the Army National Guard to any person” are substituted for the words “to any officer of the National Guard or Air National Guard”. The second sentence is inserted for clarity. The words “successfully”, “final determination of his eligibility for, and”, “in the grade concerned”, and “automatically” are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage.
In subsection (b), the words “To be eligible for temporary Federal recognition under subsection (a), a person” are substituted for the words “However, a temporary extension of Federal recognition shall be granted only when the officer”. The words “the period of temporary recognition” are substituted for the words “such recognition”. The words “and obligations required of him” and “in the same grade” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–181 substituted “one year” for “six months” in last sentence.
32 U.S.C. § 309 (NATIONAL GUARD)
§ 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, shall be examined for Federal recognition in the grade to which the officer is promoted.
(Added Pub. L. 85–861, § 2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103–337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2963.)
text: 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” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–337 substituted “National Guard officers: officers” for “officers: Army National Guard; officers” in section catchline and amended text generally. Prior to amendment, text read as follows: “Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit thereof, and who is eligible for promotion under section 3363(b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the next higher grade without regard to section 3363(b) of title 10.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
heading: Suspension of This Section
text: For authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title.
32 U.S.C. § 313 (NATIONAL GUARD)
§ 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. 85–861, § 2(9), Sept. 2, 1958, 72 Stat. 1544; Pub. L. 90–130, § 2(2), Nov. 8, 1967, 81 Stat. 383.)
text: 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; restated Feb. 28, 1925, ch. 371, § 1 (1st par.); restated June 15, 1933, ch. 87, § 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, § 2, 49 Stat. 391; June 28, 1947, ch. 162, § 7 (less applicability to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, §§ 803 (8th par.), 806(j), 66 Stat. 505, 508.
In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words “under 64” are substituted for the words “not more than sixty-four” to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word “Regular” is inserted before the words “Navy” and “Marine Corps”. The words “Regular Air Force” are inserted to complete the coverage of the revised section. The word “reenlistment” is substituted for the words “subsequent enlistment”.
text: 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 (as applicable to age), 70 Stat. 729.
heading: Editorial Notes
heading: Amendments
text: 1967—Subsec. (b)(3). Pub. L. 90–130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard.
1958—Subsec. (b). Pub. L. 85–861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.