US (United States) Code. Title 32. Chapter 1: Organization

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # National Guard

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-CITE-

32 USC CHAPTER 1 - ORGANIZATION 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

CHAPTER 1 - ORGANIZATION

-MISC1-

Sec.

101. Definitions.

102. General policy.

103. Branches and organizations.

104. Units: location; organization; command.

105. Inspection.

106. Annual appropriations.

107. Availability of appropriations.

108. Forfeiture of Federal benefits.

109. Maintenance of other troops.

110. Regulations.

111. Suspension of certain provisions of this title.

112. Drug interdiction and counter-drug activities.

113. Federal financial assistance for support of additional

duties assigned to the Army National Guard.

114. Funeral honors functions at funerals for veterans.

115. Funeral honors duty performed as a Federal function.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 578(k)(3)(B), Oct.

5, 1999, 113 Stat. 631, added items 114 and 115 and struck out

former item 114 "Honor guard functions at funerals for veterans".

1997 - Pub. L. 105-85, div. A, title III, Sec. 386(b), title V,

Sec. 517(b), Nov. 18, 1997, 111 Stat. 1713, 1734, added items 113

and 114.

1989 - Pub. L. 101-189, div. A, title XII, Sec. 1207(a)(2), Nov.

29, 1989, 103 Stat. 1566, added item 112.

1971 - Pub. L. 92-119, Sec. 1(b), Aug. 13, 1971, 85 Stat. 340,

substituted "Availability" for "Apportionment" in item 107.

1958 - Pub. L. 85-861, Sec. 2(4), Sept. 2, 1958, 72 Stat. 1543,

added item 111.

-End-

-CITE-

32 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 101. Definitions

-STATUTE-

In addition to the definitions in sections 1-5 of title 1, the

following definitions apply in this title:

(1) "Territory" means any Territory organized after this title

is enacted, so long as it remains a Territory. However, for

purposes of this title and other laws relating to the militia,

the National Guard, the Army National Guard of the United States,

and the Air National Guard of the United States, "Territory"

includes Guam and the Virgin Islands.

(2) "Armed forces" means the Army, Navy, Air Force, Marine

Corps, and Coast Guard.

(3) "National Guard" means the Army National Guard and the Air

National Guard.

(4) "Army National Guard" means that part of the organized

militia of the several States and Territories, Puerto Rico, and

the District of Columbia, active and inactive, that -

(A) is a land force;

(B) is trained, and has its officers appointed, under the

sixteenth clause of section 8, article I, of the Constitution;

(C) is organized, armed, and equipped wholly or partly at

Federal expense; and

(D) is federally recognized.

(5) "Army National Guard of the United States" means the

reserve component of the Army all of whose members are members of

the Army National Guard.

(6) "Air National Guard" means that part of the organized

militia of the several States and Territories, Puerto Rico, and

the District of Columbia, active and inactive, that -

(A) is an air force;

(B) is trained, and has its officers appointed, under the

sixteenth clause of section 8, article I of the Constitution;

(C) is organized, armed, and equipped wholly or partly at

Federal expense; and

(D) is federally recognized.

(7) "Air National Guard of the United States" means the reserve

component of the Air Force all of whose members are members of

the Air National Guard.

(8) "Officer" means commissioned or warrant officer.

(9) "Enlisted member" means a person enlisted in, or inducted,

called, or conscripted into, an armed force in an enlisted grade.

(10) "Grade" means a step or degree, in a graduated scale of

office or military rank, that is established and designated as a

grade by law or regulation.

(11) "Rank" means the order of precedence among members of the

armed forces.

(12) "Active duty" means full-time duty in the active military

service of the United States. It includes such Federal duty as

full-time training duty, annual training duty, and attendance,

while in the active military service, at a school designated as a

service school by law or by the Secretary of the military

department concerned. It does not include full-time National

Guard duty.

(13) "Supplies" includes material, equipment, and stores of all

kinds.

(14) "Shall" is used in an imperative sense.

(15) "May" is used in a permissive sense. The words "no person

may * * *" mean that no person is required, authorized, or

permitted to do the act prescribed.

(16) "Includes" means "includes but is not limited to".

(17) "Pay" includes basic pay, special pay, incentive pay,

retired pay, and equivalent pay, but does not include allowances.

(18) "Spouse" means husband or wife, as the case may be.

(19) "Full-time National Guard duty" means training or other

duty, other than inactive duty, performed by a member of the Army

National Guard of the United States or the Air National Guard of

the United States in the member's status as a member of the

National Guard of a State or territory, the Commonwealth of

Puerto Rico, or the District of Columbia under section 316, 502,

503, 504, or 505 of this title for which the member is entitled

to pay from the United States or for which the member has waived

pay from the United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 596; Pub. L. 85-861, Sec. 2(1),

Sept. 2, 1958, 72 Stat. 1542; Pub. L. 86-70, Sec. 27, June 25,

1959, 73 Stat. 148; Pub. L. 86-624, Sec. 22, July 12, 1960, 74

Stat. 417; Pub. L. 92-492, Sec. 2(a), Oct. 13, 1972, 86 Stat. 810;

Pub. L. 96-513, title V, Sec. 507(a), Dec. 12, 1980, 94 Stat. 2919;

Pub. L. 96-600, Sec. 3(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L.

98-525, title IV, Sec. 414(b)(1), Oct. 19, 1984, 98 Stat. 2519;

Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), Sept. 29,

1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

101(1) 32:4c (1st 33 words). June 3, 1916, ch. 134,

Sec. 62 (1st 36 words of

last proviso), 39 Stat.

198.

101(2)

101(3)

[No source].

32:2.

32:4b.

101(4) 50:1112(a) (for June 3, 1916, ch. 134,

definition purposes). Sec. 117, 39 Stat. 212.

101(5) 10:1835 (less last 16 June 3, 1916, ch. 134,

words). Sec. 71; added June 15,

1933, ch. 87, Sec. 9, 48

Stat. 157; Oct. 12,

1949, ch. 681, Sec. 530,

63 Stat. 837; July 9,

1952, ch. 608, Sec. 803

(9th par.), 66 Stat. 505.

101(6)

101(7)

101(8)

101(9)

101(10)

101(11)

101(12)

101(13)

101(14)

101(15)

101(16)

32:2.

32:4b.

50:1112(b) (for

definition purposes).

[No source].

[No source].

[No source].

[No source].

[No source].

[No source].

[No source].

[No source].

[No source].

[No source].

July 9, 1952, ch. 608,

Sec. 702 (for definition

purposes), 66 Stat. 501.

Sept. 19, 1951, ch. 407,

Sec. 305 (less last 16

words), 65 Stat. 330.

--------------------------------------------------------------------

The definitions in clauses (2) and (9)-(17) reflect the adoption

of terminology which, though undefined in the source statutes

restated in this title, represent the closest practicable

approximation of the ways in which the terms defined have been most

commonly used. Where established uses conflict, a choice has been

made.

In clause (1), the definition of "Territory" in 32:4c is executed

throughout this revised title by specific reference, where

applicable, to the Territories, Puerto Rico, and the Canal Zone.

In clause (2), a definition of "National Guard" is inserted for

clarity.

In clause (3)(A), the words "a land force" are substituted for

32:2. The National Defense Act of 1916, Sec. 117 (last 66 words),

39 Stat. 212, is not contained in 32:2. It is also omitted from the

revised section as repealed by the act of February 28, 1925, ch.

374, Sec. 3, 43 Stat. 1081.

In clauses (3) and (4), the word "Army" is inserted to

distinguish the organizations defined from their Air Force

counterparts.

In clauses (3) and (5), the words "unless the context or subject

matter otherwise requires - " and "as provided in this title", in

32:4b, are omitted as surplusage.

In clauses (3)(B) and (5)(B), the words "has its officers

appointed" are substituted for the word "officered", in 32:4b.

In clauses (4) and (6), only that much of the description of the

composition of the Army National Guard of the United States and the

Air National Guard of the United States is used as is necessary to

distinguish these reserve components, respectively, from the other

reserve components.

In clause (5)(A), the words "an air force" are substituted for

the words "for which Federal responsibility has been vested in the

Secretary of the Air Force or the Department of the Air Force

pursuant to law", in 10:1835, and for 32:2 (less applicability to

Army National Guard), to make the definition of "Air National

Guard" parallel with the definition of "Army National Guard", and

to make explicit the intent of Congress in creating the Air

National Guard, that the organized militia henceforth should

consist of three mutually exhaustive classes comprising the Army,

Air, and Naval militia.

In clause (8), words showing how enlisted members became such are

inserted to make clear that enlistment is not the only method of

becoming a member in an enlisted grade.

1958 ACT

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Section Source (U.S. Code) Source (Statutes at

of title Large)

32

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101(2) [No source]. [No source].

101(18) [No source]. [No source].

--------------------------------------------------------------------

In clause (2), the term "armed forces" is defined for legislative

convenience and is defined the same as that term is defined in

section 101(4) of title 10, United States Code.

The definition in clause (18) reflects the adoption of

terminology which, though undefined in the source statutes restated

in this title, represents the closest practicable approximation of

the ways in which the term has been commonly used.

AMENDMENTS

1988 - Cls. (4), (6). Pub. L. 100-456 struck out "the Canal

Zone," after "Puerto Rico,".

1984 - Cl. (12). Pub. L. 98-525, Sec. 414(b)(1)(A), inserted at

end "It does not include full-time National Guard duty."

Cl. (19). Pub. L. 98-525, Sec. 414(b)(1)(B), added cl. (19).

1980 - Cl. (1). Pub. L. 96-600 inserted reference to Guam.

Cl. (12). Pub. L. 96-513 struck out "duty on the active list,"

after "Federal duty as".

1972 - Cl. (1). Pub. L. 92-492 inserted provision including

within term "Territory" for purposes of this title and other laws

relating to the militia, the National Guard, the Army National

Guard of the United States, and the Air National Guard of the

United States, the Virgin Islands.

1960 - Cl. (1). Pub. L. 86-624 struck out reference to Hawaii.

1959 - Cl. (1). Pub. L. 86-70 struck out reference to Alaska.

1958 - Cls. (2) to (18). Pub. L. 85-861 added cls. (2) and (18)

and renumbered former cls. (2) to (16) as (3) to (17),

respectively.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701(a) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323; title 10

section 101; title 28 section 2671.

-End-

-CITE-

32 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 102. General policy

-STATUTE-

In accordance with the traditional military policy of the United

States, it is essential that the strength and organization of the

Army National Guard and the Air National Guard as an integral part

of the first line defenses of the United States be maintained and

assured at all times. Whenever Congress determines that more units

and organizations are needed for the national security than are in

the regular components of the ground and air forces, the Army

National Guard of the United States and the Air National Guard of

the United States, or such parts of them as are needed, together

with such units of other reserve components as are necessary for a

balanced force, shall be ordered to active Federal duty and

retained as long as so needed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 597.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

102 50:921(b). July 9, 1952, ch. 608,

Sec. 201(b), 66 Stat.

482.

--------------------------------------------------------------------

The words "The Congress further declares * * * as expressed in

the National Defense Act of 1916 as amended" and "It is the intent

of Congress that" are omitted as surplusage. The words "United

States" are substituted for the words "our" and "this Nation". The

words "more * * * than are in" are substituted for the words "in

excess of those". The words "Federal duty" are substituted for the

words "military service of the United States". The words "as long

as so needed" are substituted for the words "so long as such

necessity exists".

-End-

-CITE-

32 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 103. Branches and organizations

-STATUTE-

The Army National Guard of each State and Territory, Puerto Rico,

and the District of Columbia includes such members of the staff

corps corresponding to the staff corps of the Army as the Secretary

of the Army may authorize.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 597; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section 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.

AMENDMENTS

1988 - Pub. L. 100-456 struck out "the Canal Zone," after "Puerto

Rico,".

-End-

-CITE-

32 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 104. Units: location; organization; command

-STATUTE-

(a) Each State or Territory and Puerto Rico may fix the location

of the units and headquarters of its National Guard.

(b) Except as otherwise specifically provided in this title, the

organization of the Army National Guard and the composition of its

units shall be the same as those prescribed for the Army, subject,

in time of peace, to such general exceptions as the Secretary of

the Army may authorize; and the organization of the Air National

Guard and the composition of its units shall be the same as those

prescribed for the Air Force, subject, in time of peace, to such

general exceptions as the Secretary of the Air Force may authorize.

(c) To secure a force the units of which when combined will form

complete higher tactical units, the President may designate the

units of the National Guard, by branch of the Army or organization

of the Air Force, to be maintained in each State and Territory,

Puerto Rico, and the District of Columbia. However, no change in

the branch, organization, or allotment of a unit located entirely

within a State may be made without the approval of its governor.

(d) To maintain appropriate organization and to assist in

training and instruction, the President may assign the National

Guard to divisions, wings, and other tactical units, and may detail

commissioned officers of the National Guard or of the Regular Army

or the Regular Air Force, as the case may be, to command those

units. However, the commanding officer of a unit organized wholly

within a State or Territory, Puerto Rico, or the District of

Columbia may not be displaced under this subsection.

(e) To insure prompt mobilization of the National Guard in time

of war or other emergency, the President may, in time of peace,

detail a commissioned officer of the Regular Army to perform the

duties of chief of staff for each fully organized division of the

Army National Guard, and a commissioned officer of the Regular Air

Force to perform the duties of the corresponding position for each

fully organized wing of the Air National Guard.

(f) Unless the President consents -

(1) an organization of the National Guard whose members have

received compensation from the United States as members of the

National Guard may not be disbanded; and

(2) the actual strength of such an organization in commissioned

officers or enlisted members may not be reduced below the minimum

strength prescribed by the President.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), (2), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

104(a) 32:6. June 3, 1916, ch. 134,

Secs. 64, 65 (proviso),

68, 39 Stat. 198-200.

104(b)

104(c)

32:5 (1st sentence).

32:5 (less 1st sentence).

104(d) 32:8. June 3, 1916, ch. 134,

Sec. 60; June 4, 1920,

ch. 227 subch. I, Sec.

36; restated June 15,

1933, ch. 87, Sec. 6, 48

Stat. 156.

104(e)

104(f)

32:10 (proviso).

32:16.

--------------------------------------------------------------------

In subsection (a), the words "within their respective borders"

are omitted as surplusage.

In subsection (b), the word "Army" is substituted for the words

"Regular Army", since the Army is the category for which the

organization is prescribed, and the Regular Army is a personnel

category for which no organization is prescribed. Similarly, the

words "Air Force" are used instead of the words "Regular Air

Force".

In subsection (c), the words "by branch of the Army or

organization of the Air Force" are substituted for the words "as to

branch or arm of service". The words "branch, organization, or

allotment of a unit" are substituted for the words "allotment,

branch, or arm of units or organizations".

In subsections (d) and (e) the word "commissioned" is inserted,

since 32:8 and 10 historically applied only to commissioned

officers (see opinion of the Judge Advocate General of the Army

(JAGA 1953/4078, 6 May 1953)).

In subsection (d), the word "brigades" is omitted as surplusage.

In subsection (e), the word "tactical" is omitted as surplusage.

In subsection (f), the words "have received compensation from the

United States as members of the National Guard" are substituted for

the words "shall be entitled to and shall have received

compensation under the provisions of this title". The words "actual

strength * * * in commissioned officers or enlisted members" are

substituted for the words "commissioned or enlisted strength".

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(2), substituted

"Each State or Territory and Puerto Rico" for "Each State and

Territory, Puerto Rico, and the Canal Zone".

Subsecs. (c), (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out

"the Canal Zone," after "Puerto Rico,".

COMPTROLLER GENERAL ASSESSMENTS OF NATIONAL GUARD MANAGEMENT

Pub. L. 107-314, div. A, title V, Sec. 511(a), Dec. 2, 2002, 116

Stat. 2536, provided that: "Not later than one year after the date

of the enactment of this Act [Dec. 2, 2002], the Comptroller

General shall submit to Congress a report on management of the

National Guard. The report shall include the following:

"(1) The Comptroller General's assessment of the effectiveness

of the implementation of Department of Defense plans for

improving management and accounting for personnel strengths in

the National Guard, including an assessment of the process that

the Department of Defense, the National Guard Bureau, the Army

National Guard and State-level National Guard leadership, and

leadership in the other reserve components have for identifying

and addressing in a timely manner specific units in which

nonparticipation rates are significantly in excess of the

established norms.

"(2) The Comptroller General's assessment of the effectiveness

of the process for Federal recognition of senior National Guard

officers and recommendations for improvement to that process.

"(3) The Comptroller General's assessment of the process for,

and the nature and extent of, the administrative or judicial

corrective action taken by the Secretary of Defense, the

Secretary of the Army, and the Secretary of the Air Force as a

result of Inspector General investigations or other

investigations in which allegations against senior National Guard

officers are substantiated in whole or in part.

"(4) The Comptroller General's determination of the

effectiveness of the Federal protections provided for members or

employees of the National Guard who report allegations of waste,

fraud, abuse, or mismanagement and the nature and extent to which

corrective action is taken against those in the National Guard

who retaliate against such members or employees."

STUDY OF STATE AND FEDERAL MISSIONS OF NATIONAL GUARD

Pub. L. 103-160, div. A, title V, Sec. 522, Nov. 30, 1993, 107

Stat. 1655, directed Secretary of Defense to provide for a study of

State and Federal missions of National Guard to be carried out by a

federally funded research and development center, including

consideration of both separate and integrated requirements

(including requirements pertaining to personnel, weapons,

equipment, and facilities) that derive from those missions,

required an interim report not later than May 1, 1994, and a final

report not later than Nov. 15, 1994, directed Secretary to submit

each report to Congress, not later than 15 days after the date on

which it is received by the Secretary, and directed Secretary,

together with Secretary of the Army and Secretary of the Air Force,

to conduct evaluation of assumptions, analysis, findings, and

recommendations of the study and, not later than Feb. 1, 1995, to

submit to Congress a report on the evaluation.

RETENTION OF ANCIENT PRIVILEGES AND ORGANIZATION

Section 32 of act Aug. 10, 1956, provided that:

"(a) Any corps of artillery, cavalry, or infantry existing in any

of the States on the passage of the Act of May 8, 1792, which by

the laws, customs, or usages of those States has been in continuous

existence since the passage of that Act, shall be allowed to retain

its ancient privileges, subject, nevertheless to all duties

required by law of militia: Provided, That those organizations may

be a part of the National Guard and entitled to all the privileges

thereof, and shall conform in all respects to the organization,

discipline, and training to the National Guard in time of war:

Provided further, That for purposes of training and when on active

duty in the service of the United States they may be assigned to

higher units, as the President may direct, and shall be subject to

the orders of officers under whom they shall be serving.

"(b) The First Corps Cadets, antedating, and continuously

existing in the State of Massachusetts since, the Act of May 8,

1792, now designated as the 126th Tank Battalion, 26th Infantry

Division, hereby declared to be a corps as defined in subsection

(a) of this Act for all purposes thereof and now incorporated in

the Organized Militia and a part of the National Guard of

Massachusetts, shall be allowed to retain its ancient privileges

and organization. The First Corps Cadets is hereby declared to be

entitled to a lieutenant colonel in command and a major second in

command; and those officers, when federally recognized, are

entitled to the pay provided by law for their respective grades:

Provided, That nothing in this section or other provisions of law

shall be considered to be in derogation of any other ancient

privileges to which the First Corps Cadets is entitled under the

laws, customs, or usages of the State of Massachusetts."

-End-

-CITE-

32 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 105. Inspection

-STATUTE-

(a) Under regulations prescribed by him, the Secretary of the

Army shall have an inspection made by inspectors general, or, if

necessary, by any other commissioned officers of the Regular Army

detailed for that purpose, to determine whether -

(1) the amount and condition of property held by the Army

National Guard are satisfactory;

(2) the Army National Guard is organized as provided in this

title;

(3) the members of the Army National Guard meet prescribed

physical and other qualifications;

(4) the Army National Guard and its organization are properly

uniformed, armed, and equipped and are being trained and

instructed for active duty in the field, or for coast defense;

(5) Army National Guard records are being kept in accordance

with this title;

(6) the accounts and records of each property and fiscal

officer are properly maintained; and

(7) the units of the Army National Guard meet requirements for

deployment.

The Secretary of the Air Force has a similar duty with respect to

the Air National Guard.

(b) The reports of inspections under subsection (a) are the basis

for determining whether the National Guard is entitled to the issue

of military property as authorized under this title and to retain

that property; and for determining which organizations and persons

constitute units and members of the National Guard; and for

determining which units of the National Guard meet deployability

standards.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 95-79, title VIII,

Sec. 804(a), July 30, 1977, 91 Stat. 333; Pub. L. 102-484, div. A,

title XI, Sec. 1122, Oct. 23, 1992, 106 Stat. 2540.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

105(a) 32:15 (1st sentence). June 3, 1916, ch. 134,

Sec. 93, 39 Stat. 206.

105(b)

32:15 (less 1st sentence).

--------------------------------------------------------------------

In subsection (a), the word "commissioned" is inserted, since

32:15 historically applied only to commissioned officers (see

opinion of the Judge Advocate General of the Army (JAGA 1953/4078,

6 May 1953)).

In subsection (a)(2), the words "provided in this title" are

substituted for the words "hereinbefore prescribed".

In subsection (a)(4), the words "the Army National Guard and its

organizations" are substituted for the words "the organization and

the officers and enlisted men thereof". The word "uniformed" is

omitted as covered by the word "equipped".

In subsection (b), the words "under subsection (a)" are

substituted for the word "such". The words "units and members" are

substituted for the word "parts". The words "within the meaning of

this title" are omitted as surplusage.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-484, Sec. 1122(1), substituted

"shall" for "may" in introductory provisions and added par. (7).

Subsec. (b). Pub. L. 102-484, Sec. 1122(2), inserted before

period at end "; and for determining which units of the National

Guard meet deployability standards".

1977 - Subsec. (a). Pub. L. 95-79 substituted "Under regulations

prescribed by him, the Secretary of the Army may have an inspection

made" for "The Secretary of the Army shall have an inspection made

at least once a year" and added cl. (6).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 10542.

-End-

-CITE-

32 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 106. Annual appropriations

-STATUTE-

Sums will be appropriated annually, out of any money in the

Treasury not otherwise appropriated, for the support of the Army

National Guard and the Air National Guard, including the issue of

arms, ordnance stores, quartermaster stores, camp equipage, and

other military supplies, and for the payment of other expenses

authorized by law.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 599.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

106 32:21. June 3, 1916, ch. 134,

Sec. 67 (1st par.), 39

Stat. 199.

--------------------------------------------------------------------

The words "issue of" are substituted for the words "the expense

of providing". The words "for issue to the National Guard" and

"pertaining to said guard as are or may be" are omitted as

surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 107 of this title; title

10 section 18502.

-End-

-CITE-

32 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 107. Availability of appropriations

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe, appropriations for the National Guard are available for

-

(1) the necessary expenses of members of a regular or reserve

component of the Army or the Air Force traveling on duty in

connection with the National Guard;

(2) the necessary expenses of officers of the Regular Army or

the Regular Air Force on duty in the National Guard Bureau or

with the Army General Staff or the Air Staff, traveling to and

from annual conventions of the National Guard Association of the

United States or the Adjutants General Association;

(3) the transportation of supplies furnished to the National

Guard as permanent equipment;

(4) the office rent and necessary office expenses of officers

of a regular or reserve component of the Army or the Air Force on

duty with the National Guard;

(5) the expenses of the National Guard Bureau, including

clerical services;

(6) the promotion of rifle practice, including the acquisition,

construction, maintenance, and equipment of shooting galleries

and suitable target ranges;

(7) such incidental expenses of authorized encampments,

maneuvers, and field instruction as the Secretary considers

necessary; and

(8) other expenses of the National Guard authorized by law.

(b) The expenses of enlisted members of the Regular Army or the

Regular Air Force on duty with the National Guard shall be paid

from appropriations for the Army National Guard or the Air National

Guard, as the case may be, but not from the allotment of a State or

Territory, Puerto Rico, or the District of Columbia. Payable

expenses include allowances for subsistence and housing under

sections 402 and 403 of title 37 and expenses for medicine and

medical attendance.

(c) The pay and allowances for the Chief of the National Guard

Bureau and officers of the Army National Guard of the United States

or the Air National Guard of the United States called to active

duty under section 12402 of title 10 shall be paid from

appropriations for the pay of the Army National Guard or Air

National Guard.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 599; Pub. L. 90-83, Sec. 4,

Sept. 11, 1967, 81 Stat. 220; Pub. L. 92-119, Sec. 1(a), Aug. 13,

1971, 85 Stat. 340; Pub. L. 97-258, Sec. 2(h), Sept. 13, 1982, 96

Stat. 1061; Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1),

Sept. 29, 1988, 102 Stat. 2059; Pub. L. 103-337, div. A, title XVI,

Sec. 1676(a)(1), Oct. 5, 1994, 108 Stat. 3019; (As amended Pub. L.

105-85, div. A, title VI, Sec. 603(d)(4), Nov. 18, 1997, 111 Stat.

1783.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

107(a) 32:22 (less proviso). June 3, 1916, ch. 134,

Sec. 67 (2d par.), 39

Stat. 199; Sept. 22,

1922, ch. 423, Sec. 3,

42 Stat. 1034; Apr. 6,

1928, ch. 321, 45 Stat.

406.

107(b)

107(c)

32:22 (proviso, less

words between 5th and 7th

semicolons).

32:22 (words between 5th

and 7th semicolons of

proviso).

--------------------------------------------------------------------

In subsection (a), the words "strengths in enlisted members of

the active" are substituted for the words "number of enlisted men

in active service". The words between the eighth and ninth

semicolons of 32:22, relating to horses and draft animals, are

omitted as obsolete, since no animals are now authorized for the

National Guard. The words "under section 106 of this title" are

inserted, since only appropriations under that revised section are

required to be apportioned.

In subsection (b)(1) and (2), the words "actual and" are omitted

as surplusage.

In subsection (b)(2), the words "Reserve Officers holding

commission in the National Guard" are omitted as covered by the

words "officers of a * * * reserve component of the Army or the Air

Force". The words "Army General Staff" are substituted for the

words "War Department General Staff" to conform to section 3031(b)

of title 10.

In subsection (c), the words "under sections 251 and 252 of title

37" are substituted for the words "provided in section 19 of title

37", since allowances for subsistence and quarters are now covered

by those sections. The words "shall be paid from appropriations for

the National Guard, but not from the allotment of a State or

Territory, Puerto Rico, the Canal Zone, or the District of

Columbia" are substituted for the words "shall constitute a charge

against the whole sum annually appropriated for the support of the

National Guard, and shall be paid therefrom and not from the

allotment duly apportioned for any particular State, Territory, or

the District of Columbia".

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

32:107(c) 31:698. Aug. 10, 1956, ch. 1041,

Sec. 30, 70A Stat. 632.

--------------------------------------------------------------------

The work "appropriations" is substituted for "funds appropriated"

for consistency in the title.

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85 substituted "and housing" for

"and quarters".

1994 - Subsec. (c). Pub. L. 103-337 substituted "12402" for "3496

or 8496".

1988 - Subsec. (b). Pub. L. 100-456 struck out "the Canal Zone,"

after "Puerto Rico,".

1982 - Subsec. (c). Pub. L. 97-258 added subsec. (c).

1971 - Pub. L. 92-119, Sec. 1(a)(1), substituted "Availability"

for "Apportionment" in section catchline.

Subsec. (a). Pub. L. 92-119, Sec. 1(a)(2), (3), (4), redesignated

subsec. (b) as (a) and substituted "appropriation for the National

Guard" for "apportioned appropriation". Former subsec. (a), which

provided for apportionment of appropriations for Army National

Guard and Air National Guard under prescribed formulas among

States, territories, Puerto Rico, Canal Zone, District of Columbia,

was struck out.

Subsecs. (b), (c). Pub. L. 92-119, Sec. 1(a)(4), redesignated

subsec. (c) as (b). Former subsec. (b) redesignated (a) and

amended.

1967 - Subsec. (c). Pub. L. 90-83 substituted "402 and 403" for

"251 and 252".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 18502.

-End-

-CITE-

32 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 108. Forfeiture of Federal benefits

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 103-337, div. A,

title IX, Sec. 904(c), Oct. 5, 1994, 108 Stat. 2827.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

108 32:24. June 3, 1916, ch. 134,

Sec. 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.

AMENDMENTS

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."

EFFECTIVE DATE OF 1994 AMENDMENT

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.

-End-

-CITE-

32 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 109. Maintenance of other troops

-STATUTE-

(a) In time of peace, a State or Territory, Puerto Rico, the

Virgin Islands, or the District of Columbia may maintain no troops

other than those of its National Guard and defense forces

authorized by subsection (c).

(b) Nothing in this title limits the right of a State or

Territory, Puerto Rico, the Virgin Islands, or the District of

Columbia to use its National Guard or its defense forces authorized

by subsection (c) within its borders in time of peace, or prevents

it from organizing and maintaining police or constabulary.

(c) In addition to its National Guard, if any, a State or

Territory, Puerto Rico, the Virgin Islands, or the District of

Columbia may, as provided by its laws, organize and maintain

defense forces. A defense force established under this section may

be used within the jurisdiction concerned, as its chief executive

(or commanding general in the case of the District of Columbia)

considers necessary, but it may not be called, ordered, or drafted

into the armed forces.

(d) A member of a defense force established under subsection (c)

is not, because of that membership, exempt from service in the

armed forces, nor is he entitled to pay, allowances, subsistence,

transportation, or medical care or treatment, from funds of the

United States.

(e) A person may not become a member of a defense force

established under subsection (c) if he is a member of a reserve

component of the armed forces.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 85-861, Sec. 2(2),

Sept. 2, 1958, 72 Stat. 1542; Pub. L. 100-456, div. A, title XII,

Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

109(a) 32:194(a) (1st sentence). June 3, 1916, ch. 134,

Sec. 61 (less (b));

restated Oct. 21, 1940,

ch. 904 (less last 3

provisos); restated Aug.

18, 1941, ch. 363 (less

last 3 provisos);

restated Oct. 1, 1942,

ch. 570 (less (b));

restated June 26, 1944,

ch. 279 (less (b));

restated Sept. 27, 1950,

ch. 1058 (less (b)), 64

Stat. 1072.

109(b)

32:194(c) (as applicable

to 32:194(a) (1st

sentence)).

32:194(a) (less 1st

sentence).

32:194(c) (less

applicability to

32:194(a) (1st sentence)).

--------------------------------------------------------------------

In subsection (a), the words "those of its National Guard" are

substituted for the words "as authorized in accordance with the

organization prescribed under this Act".

In subsections (a) and (b), the provisions of 32:194(c) are

exhausted by the enumeration of the jurisdictions named.

In subsection (b), the words "Nothing in this title limits" are

substituted for the words "Nothing contained in this Act shall be

construed to limit".

1958 ACT

--------------------------------------------------------------------

Section Source (U.S. Code) Source (Statutes at

of title Large)

32

--------------------------------------------------------------------

109(c) 32 App.:194(b) (less 4th Aug. 11, 1955, ch. 802,

and last sentences). 69 Stat. 686.

109(d) 32 App.:194(b) (4th

sentence).

109(e) 32 App.:194(b) (last

sentence).

--------------------------------------------------------------------

In subsection (c), the words "heretofore authorized by this Act

[sic]", "as such", and "in any manner" are omitted as surplusage.

In subsection (d), the words "under any Federal law" are omitted

since only Federal law could require service in the armed forces.

The word "military" is omitted as surplusage.

In subsection (e), the words "defense force" are substituted for

the words "organized militia" for accuracy and to conform to

subsection (c). The words "reserve component of the armed forces"

are substituted for the words "Reserve Forces as defined in section

901 of Title 50", since that term is not defined in the Armed

Forces Reserve Act of 1952.

AMENDMENTS

1988 - Subsecs. (a) to (c). Pub. L. 100-456 struck out "the Canal

Zone," after "Virgin Islands,".

1958 - Subsecs. (a), (b). Pub. L. 85-861, Sec. 2(2)(A),

substituted "defense forces authorized by subsection (c)" for

"State defense forces".

Subsecs. (c) to (e). Pub. L. 85-861, Sec. 2(2)(B), added subsecs.

(c) to (e).

-End-

-CITE-

32 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 110. Regulations

-STATUTE-

The President shall prescribe regulations, and issue orders,

necessary to organize, discipline, and govern the National Guard.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 600.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

110 32:17. June 3, 1916, ch. 134,

Sec. 118, 39 Stat. 213.

--------------------------------------------------------------------

The word "rules" is omitted as covered by the word "regulations".

The words "National Guard" are substituted for the words "the

militia provided for in this title". The words "for the thorough"

are omitted as surplusage.

-End-

-CITE-

32 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 111. Suspension of certain provisions of this title

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 85-861, Sec. 2(3), Sept. 2, 1958, 72 Stat. 1543.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

111 50:1199 (as applicable to Sept. 3, 1954, ch. 1257,

National Guard). Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

Section 323(e) of this title, referred to in text, was repealed

by Pub. L. 103-337, div. A, title XVI, Sec. 1630(2), Oct. 5, 1994,

108 Stat. 2964.

-TRANS-

DELEGATION OF FUNCTIONS

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

32 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 112. Drug interdiction and counter-drug activities

-STATUTE-

(a) Funding Assistance. - The Secretary of Defense may provide

funds to the Governor of a State who submits to the Secretary a

State drug interdiction and counter-drug activities plan satisfying

the requirements of subsection (c). Such funds shall be used for

the following:

(1) The pay, allowances, clothing, subsistence, gratuities,

travel, and related expenses, as authorized by State law, of

personnel of the National Guard of that State used, while not in

Federal service, for the purpose of drug interdiction and

counter-drug activities.

(2) The operation and maintenance of the equipment and

facilities of the National Guard of that State used for the

purpose of drug interdiction and counter-drug activities.

(3) The procurement of services and equipment, and the leasing

of equipment, for the National Guard of that State used for the

purpose of drug interdiction and counter-drug activities.

However, the use of such funds for the procurement of equipment

may not exceed $5,000 per item, unless approval for procurement

of equipment in excess of that amount is granted in advance by

the Secretary of Defense.

(b) Use of Personnel Performing Full-Time National Guard Duty. -

(1) Under regulations prescribed by the Secretary of Defense,

personnel of the National Guard of a State may, in accordance with

the State drug interdiction and counter-drug activities plan

referred to in subsection (c), be ordered to perform full-time

National Guard duty under section 502(f) of this title for the

purpose of carrying out drug interdiction and counter-drug

activities.

(2)(A) A member of the National Guard serving on full-time

National Guard duty under orders authorized under paragraph (1)

shall participate in the training required under section 502(a) of

this title in addition to the duty performed for the purpose

authorized under that paragraph. The pay, allowances, and other

benefits of the member while participating in the training shall be

the same as those to which the member is entitled while performing

duty for the purpose of carrying out drug interdiction and

counter-drug activities. The member is not entitled to additional

pay, allowances, or other benefits for participation in training

required under section 502(a)(1) of this title.

(B) Appropriations available for the Department of Defense for

drug interdiction and counter-drug activities may be used for

paying costs associated with a member's participation in training

described in subparagraph (A). The appropriation shall be

reimbursed in full, out of appropriations available for paying

those costs, for the amounts paid. Appropriations available for

paying those costs shall be available for making the

reimbursements.

(C) To ensure that the use of units and personnel of the National

Guard of a State pursuant to a State drug interdiction and

counter-drug activities plan does not degrade the training and

readiness of such units and personnel, the following requirements

shall apply in determining the drug interdiction and counter-drug

activities that units and personnel of the National Guard of a

State may perform:

(i) The performance of the activities may 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.

(ii) National Guard personnel will not degrade their military

skills as a result of performing the activities.

(iii) The performance of the activities will not result in a

significant increase in the cost of training.

(iv) In the case of drug interdiction and counter-drug

activities performed by a unit organized to serve as a unit, the

activities will support valid unit training requirements.

(3) A unit or member of the National Guard of a State may be

used, pursuant to a State drug interdiction and counter-drug

activities plan approved by the Secretary of Defense under this

section, to provide services or other assistance (other than air

transportation) to an organization eligible to receive services

under section 508 of this title if -

(A) the State drug interdiction and counter-drug activities

plan specifically recognizes the organization as being eligible

to receive the services or assistance;

(B) in the case of services, the performance of the services

meets the requirements of paragraphs (1) and (2) of subsection

(a) of section 508 of this title; and

(C) the services or assistance is authorized under subsection

(b) or (c) of such section or in the State drug interdiction and

counter-drug activities plan.

(c) Plan Requirements. - A State drug interdiction and

counter-drug activities plan shall -

(1) specify how personnel of the National Guard of that State

are to be used in drug interdiction and counter-drug activities;

(2) certify that those operations are to be conducted at a time

when the personnel involved are not in Federal service;

(3) certify that participation by National Guard personnel in

those operations is service in addition to training required

under section 502 of this title;

(4) certify that any engineer-type activities (as defined by

the Secretary of Defense) under the plan will be performed only

by units and members of the National Guard;

(5) include a certification by the Attorney General of the

State (or, in the case of a State with no position of Attorney

General, a civilian official of the State equivalent to a State

attorney general) that the use of the National Guard of the State

for the activities proposed under the plan is authorized by, and

is consistent with, State law; and

(6) certify that the Governor of the State or a civilian law

enforcement official of the State designated by the Governor has

determined that any activities included in the plan that are

carried out in conjunction with Federal law enforcement agencies

serve a State law enforcement purpose.

(d) Examination of Plan. - (1) Before funds are provided to the

Governor of a State under this section and before members of the

National Guard of that State are ordered to full-time National

Guard duty as authorized in subsection (b), the Secretary of

Defense shall examine the adequacy of the plan submitted by the

Governor under subsection (c). The plan as approved by the

Secretary may provide for the use of personnel and equipment of the

National Guard of that State to assist the Immigration and

Naturalization Service in the transportation of aliens who have

violated a Federal or State law prohibiting or regulating the

possession, use, or distribution of a controlled substance.

(2) Except as provided in paragraph (3), the Secretary shall

carry out paragraph (1) in consultation with the Director of

National Drug Control Policy.

(3) Paragraph (2) shall not apply if -

(A) the Governor of a State submits a plan under subsection (c)

that is substantially the same as a plan submitted for that State

for a previous fiscal year; and

(B) pursuant to the plan submitted for a previous fiscal year,

funds were provided to the State in accordance with subsection

(a) or personnel of the National Guard of the State were ordered

to perform full-time National Guard duty in accordance with

subsection (b).

(e) Exclusion From End-Strength Computation. - Members of the

National Guard on active duty or full-time National Guard duty for

the purposes of administering (or during fiscal year 1993 otherwise

implementing) this section shall not be counted toward the annual

end strength authorized for reserves on active duty in support of

the reserve components of the armed forces or toward the strengths

authorized in sections 12011 and 12012 of title 10.

(f) End Strength Limitation. - (1) Except as provided in

paragraph (2), at the end of a fiscal year there may not be more

than 4000 members of the National Guard -

(A) on full-time National Guard duty under section 502(f) of

this title to perform drug interdiction or counter-drug

activities pursuant to an order to duty for a period of more than

180 days; or

(B) on duty under State authority to perform drug interdiction

or counter-drug activities pursuant to an order to duty for a

period of more than 180 days with State pay and allowances being

reimbursed with funds provided under subsection (a)(1).

(2) The Secretary of Defense may increase the end strength

authorized under paragraph (1) by not more than 20 percent for any

fiscal year if the Secretary determines that such an increase is

necessary in the national security interests of the United States.

(g) Annual Report. - The Secretary of Defense shall submit to

Congress an annual report regarding assistance provided and

activities carried out under this section during the preceding

fiscal year. The report shall include the following:

(1) The number of members of the National Guard excluded under

subsection (e) from the computation of end strengths.

(2) A description of the drug interdiction and counter-drug

activities conducted under State drug interdiction and

counter-drug activities plans referred to in subsection (c) with

funds provided under this section.

(3) An accounting of the amount of 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 activities under the State drug interdiction and

counter-drug activities plans.

(h) Statutory Construction. - Nothing in this section shall be

construed as a limitation on the authority of any unit of the

National Guard of a State, when such unit is not in Federal

service, to perform law enforcement functions authorized to be

performed by the National Guard by the laws of the State concerned.

(i) Definitions. - For purposes of this section:

(1) The term "drug interdiction and counter-drug activities",

with respect to the National Guard of a State, means the use of

National Guard personnel in drug interdiction and counter-drug

law enforcement activities, including drug demand reduction

activities, authorized by the law of the State and requested by

the Governor of the State.

(2) The term "Governor of a State" means, in the case of the

District of Columbia, the Commanding General of the National

Guard of the District of Columbia.

(3) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, or a

territory or possession of the United States.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XII, Sec. 1207(a)(1), Nov.

29, 1989, 103 Stat. 1564; amended Pub. L. 102-25, title VII, Sec.

703, Apr. 6, 1991, 105 Stat. 118; Pub. L. 102-396, title IX, Sec.

9099A, Oct. 6, 1992, 106 Stat. 1926; Pub. L. 104-106, div. A, title

X, Sec. 1021, Feb. 10, 1996, 110 Stat. 426; Pub. L. 104-208, div.

C, title VI, Sec. 660, Sept. 30, 1996, 110 Stat. 3009-720; Pub. L.

105-85, div. A, title X, Sec. 1031, Nov. 18, 1997, 111 Stat. 1880;

Pub. L. 105-261, div. A, title X, Sec. 1022, Oct. 17, 1998, 112

Stat. 2120; Pub. L. 106-65, div. A, title X, Sec. 1021, Oct. 5,

1999, 113 Stat. 746.)

-MISC1-

PRIOR PROVISIONS

Similar provisions were contained in Pub. L. 100-456, div. A,

title XI, Sec. 1105, Sept. 29, 1988, 102 Stat. 2047, which was set

out as a note under section 374 of Title 10, Armed Forces, prior to

repeal by Pub. L. 101-189, Sec. 1207(b).

AMENDMENTS

1999 - Subsec. (a)(3). Pub. L. 106-65 substituted "per item" for

"per purchase order" in second sentence.

1998 - Subsec. (a). Pub. L. 105-261, Sec. 1022(e)(1), substituted

"for the following:" for "for - " in introductory provisions.

Subsec. (a)(1). Pub. L. 105-261, Sec. 1022(e)(2), (3),

substituted "The pay" for "the pay" and "activities." for

"activities;".

Subsec. (a)(2). Pub. L. 105-261, Sec. 1022(e)(2), (4),

substituted "The operation" for "the operation" and "activities."

for "activities; and".

Subsec. (a)(3). Pub. L. 105-261, Sec. 1022(a), (e)(2),

substituted "The procurement" for "the procurement" and "and

equipment, and the leasing of equipment," for "and leasing of

equipment" and inserted at end "However, the use of such funds for

the procurement of equipment may not exceed $5,000 per purchase

order, unless approval for procurement of equipment in excess of

that amount is granted in advance by the Secretary of Defense."

Subsec. (b)(2). Pub. L. 105-261, Sec. 1022(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "To ensure

that the use of units and personnel of the National Guard of a

State pursuant to a State drug interdiction and counter-drug

activities plan is not detrimental to the training and readiness of

such units and personnel, the requirements of section 2012(d) of

title 10 shall apply in determining the drug interdiction and

counter-drug activities that units and personnel of the National

Guard of a State may perform."

Subsec. (b)(3). Pub. L. 105-261, Sec. 1022(c), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "Section

508 of this title, regarding the provision of assistance to certain

specified youth and charitable organizations, shall apply in any

case in which a unit or member of the National Guard of a State is

proposed to be used pursuant to a State drug interdiction and

counter-drug activities plan to provide to an organization

specified in subsection (d) of such section any of the services

described in subsection (b) of such section or services regarding

counter-drug education."

Subsec. (i)(1). Pub. L. 105-261, Sec. 1022(d), inserted ",

including drug demand reduction activities," after "drug

interdiction and counter-drug law enforcement activities".

1997 - Subsec. (b). Pub. L. 105-85, Sec. 1031(a), designated

existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (c)(4) to (6). Pub. L. 105-85, Sec. 1031(b)(1), added

par. (4) and redesignated former pars. (4) and (5) as (5) and (6),

respectively.

Subsec. (e). Pub. L. 105-85, Sec. 1031(d), designated par. (1) as

subsec. (e) and struck out par. (2) which read as follows: "The

Secretary of Defense shall submit to the Committee on Armed

Services of the Senate and the Committee on National Security of

the House of Representatives an annual report specifying for the

period covered by the report the number of members of the National

Guard excluded under paragraph (1) from the computation of end

strengths."

Subsecs. (g) to (i). Pub. L. 105-85, Sec. 1031(c), added subsec.

(g) and redesignated former subsecs. (g) and (h) as (h) and (i),

respectively.

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1021(a), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "The Secretary of Defense may provide to the Governor of a

State who submits a plan to the Secretary under subsection (b)

sufficient funds for -

"(1) the pay, allowances, clothing, subsistence, gratuities,

travel, and related expenses of personnel of the National Guard

of that State used for -

"(A) the purpose of drug interdiction and counter-drug

activities; and

"(B) the operation and maintenance of the equipment and

facilities of the National Guard of that State used for that

purpose; and

"(2) the procurement of services and leasing of equipment for

the National Guard of that State used for the purpose of drug

interdiction and counter-drug activities."

Subsec. (b). Pub. L. 104-106, Sec. 1021(e), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104-106, Sec. 1021(c), substituted "A State

drug interdiction and counter-drug activities plan" for "A plan

referred to in subsection (a)" in introductory provisions and

"training" for "annual training" in par. (3) and added pars. (4)

and (5).

Pub. L. 104-106, Sec. 1021(b)(3), redesignated subsec. (b) as

(c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104-106, Sec. 1021(b)(3), redesignated

subsec. (c) as (d). Former subsec. (d) redesignated (g).

Subsec. (d)(1). Pub. L. 104-208 inserted at end "The plan as

approved by the Secretary may provide for the use of personnel and

equipment of the National Guard of that State to assist the

Immigration and Naturalization Service in the transportation of

aliens who have violated a Federal or State law prohibiting or

regulating the possession, use, or distribution of a controlled

substance."

Pub. L. 104-106, Sec. 1021(d)(1), inserted "and before members of

the National Guard of that State are ordered to full-time National

Guard duty as authorized in subsection (b)" after "under this

section" and substituted "under subsection (c)" for "under

subsection (b)".

Subsec. (d)(3)(A). Pub. L. 104-106, Sec. 1021(d)(2)(A),

substituted "subsection (c)" for "subsection (b)".

Subsec. (d)(3)(B). Pub. L. 104-106, Sec. 1021(d)(2)(B), added

subpar. (B) and struck out former subpar. (B) which read as

follows: "funds were provided to the State pursuant to such plan."

Subsec. (e)(1). Pub. L. 104-106, Sec. 1021(h)(1), substituted

"sections 12011 and 12012" for "sections 517 and 524".

Subsec. (e)(2). Pub. L. 104-106, Sec. 1021(h)(2), substituted

"the Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives" for "the

Committees on Armed Services of the Senate and House of

Representatives".

Subsec. (f). Pub. L. 104-106, Sec. 1021(f), added subsec. (f).

Former subsec. (f) redesignated (h).

Subsec. (g). Pub. L. 104-106, Sec. 1021(b)(2), redesignated

subsec. (d) as (g) and transferred it to appear before subsec. (h),

as redesignated.

Subsec. (h). Pub. L. 104-106, Sec. 1021(b)(1), redesignated

subsec. (f) as (h).

Subsec. (h)(1). Pub. L. 104-106, Sec. 1021(g), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The term

'counter-drug activities' includes the use of National Guard

personnel, while not in Federal service, in any law enforcement

activities authorized by State and local law and requested by the

Governor."

1992 - Subsec. (e)(1). Pub. L. 102-396 inserted "(or during

fiscal year 1993 otherwise implementing)" after "administering".

1991 - Subsec. (c)(2). Pub. L. 102-25 substituted "in

consultation with the Director of National Drug Control Policy."

for "in consultation with -

"(A) the Attorney General of the United States in the case of a

plan submitted for fiscal year 1990; and

"(B) the Director of National Drug Control Policy in the case

of a plan submitted for subsequent fiscal years."

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 101.

-End-

-CITE-

32 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 113. Federal financial assistance for support of additional

duties assigned to the Army National Guard

-STATUTE-

(a) Authority. - The Secretary of the Army may provide financial

assistance to a State to support activities carried out by the Army

National Guard of the State in the performance of duties that the

Secretary has assigned, with the consent of the Chief of the

National Guard Bureau, to the Army National Guard of the State. The

Secretary shall determine the amount of the assistance that is

appropriate for the purpose.

(b) Covered Activities. - (1) Except as provided in paragraph

(2), financial assistance may be provided for the performance of an

activity by the Army National Guard under subsection (a) only if -

(A) the activity is carried out in the performance of a

responsibility of the Secretary of the Army under paragraph (6),

(10), or (11) of section 3013(b) of title 10; and

(B) the Army National Guard was selected to perform the

activity under competitive procedures that permit all qualified

public-sector and private-sector sources to submit offers and be

considered for selection to perform the activity on the basis of

the offers.

(2) Paragraph (1)(B) does not apply to an activity that, on

October 17, 1998, was performed for the Federal Government by

employees of the Federal Government or employees of a State.

(c) Disbursement Through National Guard Bureau. - The Secretary

of the Army shall disburse any contribution under this section

through the Chief of the National Guard Bureau.

(d) Availability of Funds. - Funds appropriated for the Army for

a fiscal year are available for providing financial assistance

under this section in support of activities carried out by the Army

National Guard during that fiscal year.

-SOURCE-

(Added Pub. L. 105-85, div. A, title III, Sec. 386(a), Nov. 18,

1997, 111 Stat. 1712; amended Pub. L. 105-261, div. A, title III,

Sec. 375(a), Oct. 17, 1998, 112 Stat. 1992; Pub. L. 106-65, div. A,

title X, Sec. 1066(d)(4), Oct. 5, 1999, 113 Stat. 773.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(2). Pub. L. 106-65 substituted "October 17,

1998" for "the date of the enactment of this subsection".

1998 - Subsec. (b). Pub. L. 105-261 amended heading and text of

subsec. (b) generally. Prior to amendment, text read as follows:

"Activities supported under this section may include only those

activities that are carried out by the Army National Guard in the

performance of responsibilities of the Secretary of the Army under

paragraphs (6), (10), and (11) of section 3013(b) of title 10."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title III, Sec. 375(b), Oct. 17, 1998,

112 Stat. 1993, provided that: "Subsection (b)(1)(B) of section 113

of title 32, United States Code (as added by subsection (a) of this

section), does not apply to -

"(1) financial assistance provided under that section before

October 1, 1998; or

"(2) financial assistance for an activity that, before May 9,

1998, the Secretary of the Army identified in writing as being

under consideration for supporting with financial assistance

under that section."

-End-

-CITE-

32 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 114. Funeral honors functions at funerals for veterans

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 517(a)(1), Nov. 18,

1997, 111 Stat. 1733; amended Pub. L. 105-261, div. A, title V,

Sec. 567(d), Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106-65, div. A,

title V, Sec. 578(g)(1), (k)(3)(A), Oct. 5, 1999, 113 Stat. 627,

631.)

-MISC1-

AMENDMENTS

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."

-End-

-CITE-

32 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 115. Funeral honors duty performed as a Federal function

-STATUTE-

(a) Order to Duty. - A member of the Army National Guard of the

United States or the Air National Guard of the United States may be

ordered to funeral honors duty, with the consent of the member, to

prepare for or perform funeral honors functions at the funeral of a

veteran under section 1491 of title 10. However, a member of the

Army National Guard of the United States or the Air National Guard

of the United States may not be ordered to perform funeral honors

functions under this section without the consent of the Governor or

other appropriate authority of the State concerned. Performance of

funeral honors duty by such a member not on active duty or

full-time National Guard duty shall be treated as inactive-duty

training (including with respect to travel to and from such duty)

for purposes of any provision of law other than sections 206 and

435 of title 37.

(b) Service Credit. - A member ordered to funeral honors duty

under this section shall be required to perform a minimum of two

hours of such duty in order to receive -

(1) service credit under section 12732(a)(2)(E) of title 10;

and

(2) as directed by the Secretary concerned, either -

(A) the allowance under section 435 of title 37; or

(B) compensation under section 206 of title 37.

(c) Reimbursable Expenses. - A member who performs funeral honors

duty under this section may be reimbursed for travel and

transportation expenses incurred in conjunction with such duty as

authorized under chapter 7 of title 37 if such duty is performed at

a location 50 miles or more from the member's residence.

(d) Regulations. - The exercise of authority under subsection (a)

is subject to regulations prescribed by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 578(g)(2), Oct. 5,

1999, 113 Stat. 627; amended Pub. L. 106-398, Sec. 1 [[div. A],

title V, Sec. 575(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-138;

Pub. L. 107-107, div. A, title V, Sec. 562(b), Dec. 28, 2001, 115

Stat. 1119.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 inserted at end "Performance

of funeral honors duty by such a member not on active duty or

full-time National Guard duty shall be treated as inactive-duty

training (including with respect to travel to and from such duty)

for purposes of any provision of law other than sections 206 and

435 of title 37."

2000 - Subsec. (b)(2). Pub. L. 106-398 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "if

authorized by the Secretary concerned, the allowance under section

435 of title 37."

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 applicable to funeral honors duty

performed on or after Oct. 30, 2000, see section 562(c) of Pub. L.

107-107, set out as a note under section 12503 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-398 applicable with respect to funeral

honors duty performed on or after Oct. 1, 2000, see section 1

[[div. A], title V, Sec. 575(c)] of Pub. L. 106-398, set out as a

note under section 12503 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 114 of this title; title 5

section 6323; title 10 sections 1074a, 1076, 1204, 1206, 1481,

12503, 12732; title 28 section 2671; title 37 sections 204, 435;

title 38 sections 4303, 4316.

-End-