32 U.S.C. § 502 (NATIONAL GUARD)
§ 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 member’s 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. 88–621, § 1(1), Oct. 3, 1964, 78 Stat. 999; Pub. L. 90–168, § 4, Dec. 1, 1967, 81 Stat. 526; Pub. L. 92–156, title III, § 303(b), Nov. 17, 1971, 85 Stat. 425; Pub. L. 103–160, div. A, title V, § 524(b), Nov. 30, 1993, 107 Stat. 1657; Pub. L. 109–364, div. A, title V, § 525(c), Oct. 17, 2006, 120 Stat. 2195.)
text: 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; restated June 3, 1924, ch. 244, § 2; restated 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. 32:62 (last proviso of last sentence) is omitted as superseded by section 501(b) of the Career Compensation Act of 1949, 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.
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (f). Pub. L. 109–364 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), struck out “Duty without pay shall be considered for all purposes as if it were duty with pay.” at end, and added pars. (2) and (3).
1993—Subsec. (b). Pub. L. 103–160 substituted “90 consecutive days” for “30 consecutive days” in second sentence.
1971—Subsec. (a). Pub. L. 92–156 inserted exception to training requirements where member served on active duty for one year or more if the training period falls during last one hundred and twenty days of required membership in National Guard.
1967—Subsec. (b). Pub. L. 90–168 substituted 30 consecutive days for seven consecutive days of the same calendar month as the time within which all parts of the unit must be included in a series of formations in order to be credited as an assembly for drill and instruction.
1964—Subsec. (f). Pub. L. 88–621 added subsec. (f).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1967 Amendment
text: Amendment by Pub. L. 90–168 effective first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90–168, set out as a note under section 138 of Title 10, Armed Forces.
heading: Executive Documents
heading: Memorandum To Extend Federal Support to Governors’ Use of the National Guard To Respond to COVID–19 and To Increase Reimbursement and Other Assistance Provided to States
text: Memorandum of President of the United States, Jan. 21, 2021, 86 F.R. 7481, provided:
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. 5121–5207 (the “Stafford Act”), and section 502 of title 32, United States Code, I hereby order as follows:
Section 1. Policy. Consistent with the nationwide emergency declaration concerning the coronavirus disease 2019 (COVID–19) pandemic on March 13, 2020, it is the policy of my Administration to combat and respond to COVID–19 with the full capacity and capability of the Federal Government to protect and support our families, schools, and businesses, and to assist State, local, Tribal, and territorial governments to do the same, to the extent authorized by law.
Sec. 2. Support of Operations or Missions to Prevent and Respond to the Spread of COVID–19. (a) The Secretary of Defense shall, to the maximum extent feasible and consistent with mission requirements (including geographic proximity), request pursuant to 32 U.S.C. 502(f) that all State and territorial governors order National Guard forces to perform duty to fulfill mission assignments, on a fully reimbursable basis, that the Federal Emergency Management Agency (FEMA) issues to the Department of Defense for the purpose of supporting State, local, Tribal, and territorial emergency assistance efforts under the Stafford Act.
(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) to respond to COVID–19, as authorized by sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act.
(c) This section supersedes prior Presidential Memoranda requesting the use of the National Guard to respond to the COVID–19 emergency to the extent they are inconsistent with this memorandum.
Sec. 3. Assistance for Category B Emergency Protective Measures. (a) In accordance with sections 403 (42 U.S.C. 5170b) and 502 (42 U.S.C. 5192) of the Stafford Act, FEMA shall, as appropriate and consistent with applicable law, make available under Category B of the Public Assistance program such assistance as may be required by States (including territories and the District of Columbia), local governments, and Tribal governments to provide for the safe opening and operation of eligible schools, child-care facilities, healthcare facilities, non-congregate shelters, domestic violence shelters, transit systems, and other eligible applicants. Such assistance may include funding for the provision of personal protective equipment and disinfecting services and supplies.
(b) FEMA shall make assistance under this section available at a 100 percent Federal cost share until September 30, 2021.
Sec. 4. Advanced Reimbursement. To make reimbursements for approved work under the Stafford Act to respond to COVID–19 available more quickly, FEMA shall expedite reimbursement for eligible emergency work projects and, as appropriate and consistent with applicable law, provide an advance of the Federal share on a percentage of the expected reimbursement from FEMA-approved projects.
Sec. 5. One-Hundred Percent Cost Share Termination. The 100 percent Federal cost share for use of National Guard forces authorized by section 2(b) of this memorandum shall extend to, and shall be available for, orders of any length authorizing duty through September 30, 2021.
Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(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.