2004—Pub. L. 108–375, div. A, title V, §594(b)(2), Oct. 28, 2004, 118 Stat. 1936, substituted “National Guard Youth Challenge” for “National Guard Challenge” in item 509.
1997—Pub. L. 105–85, div. A, title X, §1076(b), Nov. 18, 1997, 111 Stat. 1914, added item 509.
1994—Pub. L. 103–337, div. A, title III, §385(b), Oct. 5, 1994, 108 Stat. 2742, added item 508.
(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. 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)(7), Jan. 6, 2006, 119 Stat. 3442.)
| 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”.
2006—Subsec. (b). 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”.
1988—Subsec. (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
Pub. L. 106–398, §1 [[div. A], title III, §390], Oct. 30, 2000, 114 Stat. 1654, 1654A–90, provided that:
“(a)
“(b)
“(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)
Pub. L. 102–484, div. A, title III, §376, Oct. 23, 1992, 106 Stat. 2385, as amended by Pub. L. 103–160, div. A, title III, §365, Nov. 30, 1993, 107 Stat. 1629; Pub. L. 103–337, div. A, title III, §384, Oct. 5, 1994, 108 Stat. 2741, provided that:
“(a)
“(b)
“(c)
“(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)
“(e)
“(f)
“(g)
“(h)
“(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.”
Pub. L. 104–106, div. A, title V, §573, Feb. 10, 1996, 110 Stat. 355, provided that:
“(a)
“(b)
Pub. L. 102–484, div. A, title X, §1091, Oct. 23, 1992, 106 Stat. 2519, as amended by Pub. L. 103–82, title I, §104(e)(1)(A), (C), Sept. 21, 1993, 107 Stat. 846; Pub. L. 103–160, div. A, title XI, §1174, Nov. 30, 1993, 107 Stat. 1767; Pub. L. 103–382, title III, §391(o), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 105–85, div. A, title X, §1073(d)(2)(B), Nov. 18, 1997, 111 Stat. 1905, provided that:
“(a)
“(b)
“(1) whether the life skills and employment potential of civilian youth who cease to attend secondary school before graduating can be significantly improved through military-based training, including supervised work experience in community service and conservation projects, provided by the National Guard; and
“(2) whether it is feasible and cost effective for the National Guard to provide military-based training to such youth for the purpose of achieving such improvements.
“(c)
“(d)
“(2) Each agreement under the pilot program shall provide for the Governor or, in the case of the District of Columbia, the commanding general to establish, organize, and administer a National Guard civilian youth opportunities program in the State.
“(3) 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 National Guard civilian youth opportunities program.
“(e)
“(2) The Secretary shall prescribe the standards and procedures for selecting participants for a National Guard civilian youth opportunities program from among school dropouts eligible to participate in the program.
“(f)
“(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 a National Guard civilian youth opportunities program conducted under the pilot 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 et seq.] (as added by section 1092(a)), the person may not receive a temporary stipend under paragraph (1)(I) while the person is a member of that Corps. The person may receive the temporary stipend after completing service in the Corps unless the person elects to receive benefits provided under subsection (f) or (g) of section 158 of such Act [42 U.S.C. 12618(f), (g)].
“(g)
“(2) For fiscal year 1993, personnel so serving may not be counted for the purposes of—
“(A) any provision of law limiting the number of personnel that may be serving on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components; or
“(B) section 524 [now 12011] of title 10, United States Code, relating to the number of reserve component officers who may be on active duty or full-time National Guard duty in certain grades.
“(3) A Governor participating in the pilot program and the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the pilot 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 a National Guard civilian youth opportunities program under the pilot program.
“(4) Civilian employees of the National Guard performing services for such a program and contractor personnel performing such services may be required, when appropriate to achieve a program objective, to be members of the National Guard and to wear the military uniform.
“(h)
“(2) Activities under the pilot program shall be considered noncombat activities of the National Guard for purposes of section 710 of title 32, United States Code.
“(i)
“(A) Subchapter I of chapter 81 of title 5, United States Code (relating to compensation of Federal employees for work injuries).
“(B) Section 1346(b) and chapter 171 of title 28, United States Code, 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 (d), 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 person's monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS–2 of the General Schedule under section 5332 of title 5, United States Code; and
“(C) the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the person's participation in the pilot 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)
“(2) The provision of funds authorized to be appropriated for the pilot program shall not preclude a Governor participating in the pilot program, or the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the pilot program), from accepting, using, and disposing of gifts or donations of money, other property, or services for the pilot program.
“(k)
“(2) In preparing the report required by paragraph (1), the Secretary shall coordinate with the Governor of each State in which a National Guard civilian youth opportunities program is carried out under the pilot program and, if such a program is carried out in the District of Columbia, with the commanding general of the District of Columbia National Guard.
“(l)
“(1) The term ‘pilot program’ means the National Guard Civilian Youth Opportunities Program authorized to be conducted under subsection (a).
“(2) The term ‘State’ includes the Commonwealth of Puerto Rico, the territories (as defined in section 101(1) of title 32, United States Code), and the District of Columbia.
“(3) The term ‘school dropout’ has the meaning established for the term by the Secretary of Education pursuant to section 6201(a) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on October 19, 1994) (20 U.S.C. 3271(a)).
“(4) The term ‘full-time National Guard duty’ has the meaning given that term in section 101 of title 32, United States Code.
“(m)
(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.)
| 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.
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).
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.
(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. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title V, §517, Feb. 10, 1996, 110 Stat. 309; Pub. L. 109–163, div. A, title X, §1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.)
| 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, §§94 (less last 43 words after semicolon), 98, 39 Stat. 206, 207. |
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.
2006—Subsec. (b). 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”.
1996—Subsec. (a). Pub. L. 104–106 designated existing provisions as par. (1) and added par. (2).
1988—Subsec. (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
(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.)
| 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”.
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.
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.)
| 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).
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.
(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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 506(a) 506(b) |
32:66. 32:67. |
June 3, 1916, ch. 134, §81 (1st sentence of 2d par., less 1st 7 words); added June 4, 1920, ch. 227, subch. I, §44 (5th sentence, less 1st 6 words); restated Sept. 22, 1922 ch. 423, §4 (6th sentence, less 1st 6 words); restated Feb. 28, 1925, ch. 371, §3 (6th sentence, less 1st 6 words); restated June 15, 1933, ch. 87, §16 (1st sentence of 2d par., less 1st 7 words), 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.
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.)
| 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)).
(a)
(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)
(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)
(d)
(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 Men's Christian Association.
(6) The Young Women's 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 4–H Club.
(13) The Police Athletic League.
(14) Any other youth or charitable organization designated by the Secretary of Defense.
(Added Pub. L. 103–337, div. A, title III, §385(a), Oct. 5, 1994, 108 Stat. 2741.)
(a)
(b)
(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)
(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)
(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)
(f)
(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 et seq.), the person may not receive a temporary stipend under paragraph (1)(I) while the person is a member of that Corps. The person may receive the temporary stipend after completing service in the Corps unless the person elects to receive benefits provided under subsection (f) or (g) of section 158 of such Act (42 U.S.C. 12618).
(g)
(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)
(2) Activities under the Program shall be considered noncombat activities of the National Guard for purposes of section 710 of this title.
(i)
(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 person's monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS–2 of the General Schedule under section 5332 of title 5; and
(C) the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the person's 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)
(k)
(l)
(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)
(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. 105–85, div. A, title X, §1076(a), Nov. 18, 1997, 111 Stat. 1911; amended Pub. L. 106–65, div. A, title V, §579, Oct. 5, 1999, 113 Stat. 631; Pub. L. 106–246, div. B, title I, §120, July 13, 2000, 114 Stat. 533; Pub. L. 106–398, §1 [[div. A], title V, §577(a)–(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–140; Pub. L. 107–107, div. A, title V, §596(a), Dec. 28, 2001, 115 Stat. 1126; Pub. L. 107–314, div. A, title X, §1062(g)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–375, div. A, title V, §594(a), (b)(1), Oct. 28, 2004, 118 Stat. 1935, 1936; Pub. L. 110–417, [div. A], title V, §594(a), Oct. 14, 2008, 122 Stat. 4475; Pub. L. 111–84, div. A, title V, §593(a), Oct. 28, 2009, 123 Stat. 2337.)
The National and Community Service Act of 1990, referred to in subsec. (f)(2), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, as amended. Subtitle E of title I of the Act is classified generally to division E (§12611 et seq.) of subchapter I of chapter 129 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.
2009—Subsec. (d)(1). Pub. L. 111–84 substituted “75 percent of the costs” for “60 percent of the costs”.
2008—Subsec. (d). Pub. L. 110–417 amended subsec. (d) generally. Prior to amendment, text read as follows: “The amount of assistance provided under this section to a State program of the Program may not exceed—
“(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. 108–375, §594(b)(1), amended section catchline generally, substituting “National Guard Youth” for “National Guard”.
Subsec. (a). Pub. L. 108–375, §594(a)(1), substituted “National Guard Youth Challenge Program” for “National Guard Challenge Program” the first place it appeared and “Program” for “National Guard Challenge Program” the second place it appeared.
Subsec. (b)(1). Pub. L. 108–375, §594(a)(2), substituted “Program” for “National Guard Challenge Program”.
Subsec. (b)(2). Pub. L. 108–375, §594(a)(2),(3), substituted “Program” for “National Guard Challenge Program” in introductory provisions and for “program” wherever appearing in subpars. (A) and (B).
Subsec. (b)(3). Pub. L. 108–375, §594(a)(2),(3), substituted “Program” for “National Guard Challenge Program” before “may be expended” and for “program” before “in excess”.
Subsec. (b)(4). Pub. L. 108–375, §594(a)(2), (3), substituted “Program” for “National Guard Challenge Program” before “regardless” in first sentence and for “program” before “or any transfer” and “within” in first sentence and before period at end in second sentence.
Subsecs. (c) to (f). Pub. L. 108–375, §594(a)(2), substituted “Program” for “National Guard Challenge Program” wherever appearing in text.
Subsec. (g)(1). Pub. L. 108–375, §594(a)(2), (3), substituted “Program” for “National Guard Challenge Program” before “is conducted” in first sentence and for “program” before period at end of first and second sentences.
Subsec. (g)(2). Pub. L. 108–375, §594(a)(2), (3), substituted “Program” for “National Guard Challenge Program” after “Governor participating in the” and after “in carrying out the” and substituted “Program” for “program” after “National Guard is participating in the”.
Subsec. (g)(3). Pub. L. 108–375, §594(a)(2), (3), substituted “Program” for “National Guard Challenge Program” after “performing services for the” and for “program” after “purposes of the”.
Subsecs. (h), (i)(1). Pub. L. 108–375, §594(a)(2), substituted “Program” for “National Guard Challenge Program” wherever appearing.
Subsec. (i)(2)(A). Pub. L. 108–375, §594(a)(3), substituted “Program” for “program”.
Subsec. (i)(2)(C). Pub. L. 108–375, §594(a)(2), substituted “Program” for “National Guard Challenge Program”.
Subsec. (j). Pub. L. 108–375, §594(a)(2), (3), substituted “Program” for “National Guard Challenge Program” after “To carry out the” in first sentence and before period at end of second sentence and substituted “Program” for “program” before “out of other resources” in first sentence.
Subsec. (k). Pub. L. 108–375, §594(a)(2), (3), substituted “Program” for “National Guard Challenge Program” after “effectiveness of the” in first sentence and after “State in which the” in second sentence and substituted “Program” for “program” before “is carried out in the District of Columbia” in second sentence.
Subsec. (l)(3). Pub. L. 108–375, §594(a)(4), added par. (3).
Subsec. (m). Pub. L. 108–375, §594(a)(2), substituted “Program” for “National Guard Challenge Program” in introductory provisions.
Subsec. (m)(1) to (7). Pub. L. 108–375, §594(a)(3), substituted “Program” for “program” wherever appearing.
2002—Subsec. (b). Pub. L. 107–314 amended Pub. L. 106–398, §577(b)(2). See 2000 Amendment note below.
2001—Subsec. (b)(2)(A). Pub. L. 107–107, §596(a)(1), substituted “in fiscal year 2001 or 2002” for “in a fiscal year”.
Subsec. (b)(4). Pub. L. 107–107, §596(a)(2), added par. (4).
2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title V, §577(a)], struck out “, acting through the Chief of the National Guard Bureau,” after “The Secretary of Defense”.
Subsec. (b). Pub. L. 106–398, §1 [[div. A], title V, §577(b)(1), (3)], inserted “(1)” before “The Secretary of Defense” and added pars. (2) and (3).
Pub. L. 106–398, §1 [[div. A], title V, §577(b)(2)], as amended by Pub. L. 107–314, struck out “, except that Department of Defense expenditures under the program may not exceed $62,500,000 for any fiscal year” before period at end.
Pub. L. 106–246 substituted “Department of Defense” for “Federal”.
Subsec. (m). Pub. L. 106–398, §1 [[div. A], title V, §577(c)], added subsec. (m).
1999—Subsec. (a). Pub. L. 106–65, §579(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense, acting through the Chief of the National Guard Bureau, may conduct a National Guard civilian youth opportunities program (to be known as the ‘National Guard Challenge Program’) to use the National Guard to provide military-based training, including supervised work experience in community service and conservation projects, to civilian youth who cease to attend secondary school before graduating so as to improve the life skills and employment potential of such youth.”
Subsec. (b). Pub. L. 106–65, §579(b), substituted “$62,500,000” for “$50,000,000”.
Pub. L. 111–84, div. A, title V, §593(b), Oct. 28, 2009, 123 Stat. 2337, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2009, and shall apply with respect to fiscal years beginning on or after that date.”
Pub. L. 110–417, [div. A], title V, §594(b), Oct. 14, 2008, 122 Stat. 4475, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.”
Pub. L. 107–314, div. A, title X, §1062(g), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(g)(1) of Pub. L. 107–314 is effective as of Oct. 30, 2000, and as if included in Pub. L. 106–398 as enacted.