Title 32 — National Guard
This title was enacted by act Aug. 10, 1956, ch. 1041, §2, 70A Stat. 596
Chapter 1. Organization
§101 · Definitions
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 596; Sept. 2, 1958, Pub. L. 85–861, §2(1), 72 Stat. 1542; June 25, 1959, Pub. L. 86–70, §27, 73 Stat. 148; July 12, 1960, Pub. L. 86–624, §22, 74 Stat. 417; Oct. 13, 1972, Pub. L. 92–492, §2(a), 86 Stat. 810; Dec. 12, 1980, Pub. L. 96–513, title V, §507(a), 94 Stat. 2919; Dec. 24, 1980, Pub. L. 96–600, §3(a), 94 Stat. 3493; Oct. 19, 1984, Pub. L. 98–525, title IV, §414(b)(1), 98 Stat. 2519; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§102 · General policy
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 597.
§103 · Branches and organizations
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 597; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§104 · Units: location; organization; command
(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.
Aug. 10, 1956, ch. 1041, 70A Stat. 598; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), (2), 102 Stat. 2059.
§105 · Inspection
(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.
Aug. 10, 1956, ch. 1041, 70A Stat. 598; July 30, 1977, Pub. L. 95–79, title VIII, §804(a), 91 Stat. 333; Oct. 23, 1992, Pub. L. 102–484, div. A, title XI, §1122, 106 Stat. 2540.
§106 · Annual appropriations
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 599.
§107 · Availability of appropriations
(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 quarters 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.
Aug. 10, 1956, ch. 1041, 70A Stat. 599; Sept. 11, 1967, Pub. L. 90–83, §4, 81 Stat. 220; Aug. 13, 1971, Pub. L. 92–119, §1(a), 85 Stat. 340; Sept. 13, 1982, Pub. L. 97–258, §2(h), 96 Stat. 1061; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059; Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1676(a)(1), 108 Stat. 3019.
§108 · Forfeiture of Federal benefits
If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.
Aug. 10, 1956, ch. 1041, 70A Stat. 600; Oct. 5, 1994, Pub. L. 103–337, div. A, title IX, §904(c), 108 Stat. 2827.
§109 · Maintenance of other troops
(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.
Aug. 10, 1956, ch. 1041, 70A Stat. 600; Sept. 2, 1958, Pub. L. 85–861, §2(2), 72 Stat. 1542; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§110 · Regulations
The President shall prescribe regulations, and issue orders, necessary to organize, discipline, and govern the National Guard.
Aug. 10, 1956, ch. 1041, 70A Stat. 600.
§111 · Suspension of certain provisions of this title
In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) of this title with respect to the Army National Guard or the Air National Guard.
Added Pub. L. 85–861, §2(3), Sept. 2, 1958, 72 Stat. 1543.
§112 · Drug interdiction and counter-drug activities
(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 a plan to the Secretary under subsection (b) sufficient funds for—
(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
(3) the procurement of services and leasing of equipment for (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.
(b)
Use of Personnel Performing Full-Time National Guard Duty.—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.(c) Plan Requirements.—A State drug interdiction and counter-drug activities plan
(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; and
(3) certify that participation by National Guard personnel in those operations is service in addition to annual training required under section 502 of this
title;
(4) 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
(5) 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)(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) (b) 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). pursuant to such plan.
(d) 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.
(e) Exclusion From End-Strength Computation.—(1) 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. 517 and 524
(2) The Secretary of Defense shall submit to the Committee Committees 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.
(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) 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.
(h) 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 “counter-drug activities” includes the use of National Guard personnel in drug interdiction and counter-drug personnel, while not in Federal service, in any law enforcement activities authorized by the law of the State State and local law and requested by the Governor of the State. Governor.
(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.
Added Pub. L. 101–189, div. A, title XII, §1207(a)(1), Nov. 29, 1989, 103 Stat. 1564; amended Pub. L. 102–25, title VII, §703, Apr. 6, 1991, 105 Stat. 118; Pub. L. 102–396, title IX, §9099A, Oct. 6, 1992, 106 Stat. 1926; Pub. L. 104–106, div. A, title X, §1021, Feb. 10, 1996, 110 Stat. 426; Pub. L. 104–208, div. C, title VI, §660, Sept. 30, 1996, 110 Stat. 3009–720. 1926.
Chapter 3. Personnel
§301 · Federal recognition of enlisted members
To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
Aug. 10, 1956, ch. 1041, 70A Stat. 601.
§302 · Enlistments, reenlistments, and extensions
(a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for—
(1) any specified term, not less than three years, for persons who have not served in an armed force; or
(2) any specified term, not less than one year, for persons who have served in any armed force.
(b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.
(c) Enlistments or reenlistments in the National Guard may be extended—
(1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or
(2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency.
Aug. 10, 1956, ch. 1041, 70A Stat. 601; Oct. 4, 1961, Pub. L. 87–378, §5(1), 75 Stat. 808.
§303 · Active and inactive enlistments and transfers
(a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years.
(b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be.
(c) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard.
Aug. 10, 1956, ch. 1041, 70A Stat. 601; Sept. 7, 1962, Pub. L. 87–649, §14e(1), 76 Stat. 502; Dec. 12, 1980, Pub. L. 96–513, title V, §515(2), 94 Stat. 2937.
§304 · Enlistment oath
Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:
“I do hereby acknowledge to have voluntarily enlisted this ____ day of ________, 19__, in the ____________ National Guard of the State of ____________ for a period of ____ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority.
“I, ________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ____________ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ____________ and the orders of the officers appointed over me, according to law and regulations. So help me God.”
The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard.
Aug. 10, 1956, ch. 1041, 70A Stat. 602; Oct. 5, 1962, Pub. L. 87–751, §2, 76 Stat. 748; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§305 · Federal recognition of commissioned officers: persons eligible
(a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard:
(1) Members of the National Guard.
(2) Members of the Army, Navy, Air Force, or Marine Corps.
(3) Former officers of the Army, Navy, Air Force, or Marine Corps.
(4) Former enlisted members of the Army, Navy, Air Force, or Marine Corps who were discharged honorably or under honorable conditions.
(5) Graduates of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy.
(6) Graduates of a school, college, university, or officer's training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer.
(7) Civilians who are specially qualified for duty in a technical or staff branch or organization.
(b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse.
Aug. 10, 1956, ch. 1041, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85–861, §2(5), 72 Stat. 1543; Nov. 8, 1967, Pub. L. 90–130, §2(1), 81 Stat. 383.
§307 · Federal recognition of officers: examination; certificate of eligibility
(a) To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title.
(b) The examination prescribed by subsection (a)—
(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
(2) may be held before original appointment or promotion.
(c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
(d) Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.
(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
Aug. 10, 1956, ch. 1041, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85–861, §2(6), 72 Stat. 1543; Oct. 13, 1972, Pub. L. 92–492, §2(b), 86 Stat. 810; Dec. 16, 1980, Pub. L. 96–535, 94 Stat. 3165; Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §1676(a)(2), 108 Stat. 3019.
§308 · Federal recognition of officers: temporary recognition
(a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in section 307(b) of this title, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates six months after its effective date.
(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.
Aug. 10, 1956, ch. 1041, 70A Stat. 603.
§309 · Federal recognition of National Guard officers: officers: Army National Guard; officers promoted to fill vacancies
Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force thereof, and who is eligible for promotion under section 3363(b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10, shall in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the grade to which the officer is promoted. next higher grade without regard to section 3363(b) of title 10.
Added Pub. L. 85–861, §2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103–337, div. A, title XVI, §1630(1), Oct. 5, 1994, 108 Stat. 2963.
§309. Federal recognition of National Guard officers: officers promoted to fill vacancies
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10, shall be examined for Federal recognition in the grade to which the officer is promoted.
§310 · Federal recognition of National Guard officers: officers: Army National Guard; automatic recognition
(a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the Army National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, thereof, Federal recognition is automatically extended to that officer him in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in section 14303(a)(1) of title 10 and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended. he completes three years of service computed under section 3360(a) of title 10.
(b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the Army National Guard to fill a vacancy in a federally recognized unit in the National Guard, thereof, Federal recognition is automatically extended to that officer him in the grade in which the officer he is so appointed in the National Guard if the officer Army National Guard, if he has been recommended for promotion under chapter 1405 to the grade concerned under section 3366, 3367, 3370, or 3383 of title 10 and has remained in an active status since the officer he was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the Army National Guard.
Added Pub. L. 85–861, §2(7), Sept. 2, 1958, 72 Stat. 1544; amended Pub. L. 103–337, div. A, title XVI, §1630(1), Oct. 5, 1994, 108 Stat. 2964.
§310. Federal recognition of National Guard officers: automatic recognition
(a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in section 14303(a)(1) of title 10 and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended.
(b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade in which the officer is so appointed in the National Guard if the officer has been recommended for promotion under chapter 1405 of title 10 and has remained in an active status since the officer was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the National Guard.
§312 · Appointment oath
Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:
“I, ____________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of ____________ against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of ____________, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ________ in the National Guard of the State of ____________ upon which I am about to enter, so help me God.”
Aug. 10, 1956, ch. 1041, 70A Stat. 603.
§313 · Appointments and enlistments: age limitations
(a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National Guard, a person must—
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85–861, §2(9), 72 Stat. 1544; Nov. 8, 1967, Pub. L. 90–130, §2(2), 81 Stat. 383.
§314 · Adjutants general
(a) There shall be an adjutant general in each State and Territory, Puerto Rico, and the District of Columbia. He shall perform the duties prescribed by the laws of that jurisdiction.
(b) The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
(c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
(d) The adjutant general of each State and Territory, Puerto Rico, and the District of Columbia, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85–894, 72 Stat. 1713; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), (5), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIII, §1322(b), 104 Stat. 1672; Dec. 5, 1991, Pub. L. 102–190, div. A, title V, §553, 105 Stat. 1371.
§315 · Detail of regular members of Army and Air Force to duty with National Guard
(a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State and Territory, Puerto Rico, and the District of Columbia. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State and Territory, Puerto Rico, and the District of Columbia. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President's discretion, without prejudicing his rank and without vacating his regular appointment.
(b) The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State and Territory, Puerto Rico, and the District of Columbia. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State and Territory, Puerto Rico, and the District of Columbia.
Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§316 · Detail of members of Army National Guard for rifle instruction of civilians
The President may detail officers and noncommissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms.
Aug. 10, 1956, ch. 1041, 70A Stat. 605.
§317 · Command during joint exercises with Federal troops
When any part of the National Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal service, the command of the post, air base, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are temporarily participating in the exercise.
Aug. 10, 1956, ch. 1041, 70A Stat. 605.
[§§318 to 321 · Repealed. Pub. L. 99–661, div. A, title VI, §604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878]
§322 · Discharge of enlisted members
(a) An enlisted member of the National Guard shall be discharged when—
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
(b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be.
(c) In time of peace, an enlisted member of the National Guard may be discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be.
Aug. 10, 1956, ch. 1041, 70A Stat. 606.
§323 · Withdrawal of Federal recognition
(a) Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.
(b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.
(c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.
(d) The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such involuntary transfer or discharge.
(e) Except as provided in sections 1005 and 1006
Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 2, 1958, Pub. L. 85–861, §§2(11), 33(c)(2), 72 Stat. 1546, 1567; Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §§1630(2), 1676(a)(3), 108 Stat. 2964, 3019.
(d) The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such involuntary transfer or discharge.
§324 · Discharge of officers; termination of appointment
(a) An officer of the National Guard shall be discharged when—
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give him a discharge certificate.
(b) Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico or the District of Columbia, if he is a member of its National Guard.
Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(6), 102 Stat. 2059.
§325 · Relief from National Guard duty when ordered to active duty
(a) Each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State or Territory, or of Puerto Rico or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.
(b) So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.
Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(6), 102 Stat. 2059.
§326 · Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts.
Aug. 10, 1956, ch. 1041, 70A Stat. 608.
§327 · General courts-martial of National Guard not in Federal service
(a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia.
(b) A general court-martial may sentence to—
(1) a fine of not more than $200;
(2) forfeiture of pay and allowances;
(3) a reprimand;
(4) dismissal or dishonorable discharge;
(5) reduction of a noncommissioned officer to the ranks; or
(6) any combination of these punishments.
Aug. 10, 1956, ch. 1041, 70A Stat. 608; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(4), 102 Stat. 2059.
§328 · Special courts-martial of National Guard not in Federal service
(a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority.
(b) A special court-martial may not try a commissioned officer.
(c) A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than $100 for a single offense.
Aug. 10, 1956, ch. 1041, 70A Stat. 608.
§329 · Summary courts-martial of National Guard not in Federal service
(a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
(b) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks.
Aug. 10, 1956, ch. 1041, 70A Stat. 608.
§330 · Confinement instead of fine
In the National Guard not in Federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.
Aug. 10, 1956, ch. 1041, 70A Stat. 609.
§331 · Dismissal or dishonorable discharge
In the National Guard not in Federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor of the State or territory or Puerto Rico, whichever is concerned, or, in the case of the National Guard of the District of Columbia, by its commanding general.
Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(3), 102 Stat. 2059.
§332 · Compelling attendance of accused and witnesses
In the National Guard not in Federal service, the president of a court-martial or a summary court officer may—
(1) issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(2) issue subpenas duces tecum and other subpenas;
(3) enforce by attachment the attendance or witnesses and the production of books and papers; and
(4) sentence for refusal to be sworn or to answer, as provided in actions before civil courts.
Aug. 10, 1956, ch. 1041, 70A Stat. 609.
§333 · Execution of process and sentence
In the National Guard not in Federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the States concerned. In a State where no provision is made for executing those processes and sentences, and in the Territories, Puerto Rico, and the District of Columbia, the process or sentence shall be executed by a United States marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence.
Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
[§334 · Repealed. Pub. L. 97–124, §3, Dec. 29, 1981, 95 Stat. 1666]
[§335 · Repealed. Pub. L. 98–525, title IV, §414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519]
Chapter 5. Training
§501 · Training generally
(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 and Territories, Puerto Rico, and the District of Columbia in conformity with this title.
Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§502 · Required drills and field exercises
(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall—
(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and
(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.
However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard.
(b) An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days.
(c) The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period.
(d) No organization may receive credit for an assembly for drill or indoor target practice unless—
(1) the number of members present equals or exceeds the minimum number prescribed by the President;
(2) the period of military duty or instruction for which a member is credited is at least one and one-half hours; and
(3) the training is of the type prescribed by the Secretary concerned.
(e) An appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a regularly scheduled drill.
(f) 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—
(1) without his consent, but with the pay and allowances provided by law; or
(2) 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). Duty without pay shall be considered for all purposes as if it were duty with pay.
Aug. 10, 1956, ch. 1041, 70A Stat. 610; Oct. 3, 1964, Pub. L. 88–621, §1(1), 78 Stat. 999; Dec. 1, 1967, Pub. L. 90–168, §4, 81 Stat. 526; Nov. 17, 1971, Pub. L. 92–156, title III, §303(b), 85 Stat. 425; Nov. 30, 1993, Pub. L. 103–160, div. A, title V, §524(b), 107 Stat. 1657.
§503 · Participation in field exercises
(a)(1) (a) 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 or Territory, Puerto Rico, or the District of Columbia 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; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059; Feb. 10, 1996, Pub. L. 104–106, div. A, title V, §517, 110 Stat. 309. 2059.
§504 · National Guard schools and small arms competitions
(a) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, members of the National Guard may—
(1) attend schools conducted by the Army or the Air Force, as appropriate;
(2) conduct or attend schools conducted by the National Guard; or
(3) participate in small arms competitions.
(b) Activities authorized under subsection (a) for members of the National Guard of a State or territory, Puerto Rico, or the District of Columbia may be held inside or outside its boundaries.
Aug. 10, 1956, ch. 1041, 70A Stat. 611; Oct. 3, 1964, Pub. L. 88–621, §1(2), 78 Stat. 999; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§505 · Army and Air Force schools and field exercises
Under such regulations as the President may prescribe and upon the recommendation of the governor of any State or Territory or Puerto Rico 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; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(4), 102 Stat. 2059.
§506 · Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard
(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.
§507 · Instruction in firing; supply of ammunition
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.
§508 · Assistance for certain youth and charitable organizations
(a) Authority To Provide Services.—Members and units of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training required under this chapter in any case in which—
(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) Authorized Services.—The services authorized to be provided under subsection (a) are as follows:
(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) Other Authorized Assistance.—Facilities and equipment of the National Guard, including military property of the United States issued to the National Guard and General Services Administration vehicles leased to the National Guard, and General Services Administration vehicles leased to the Department of Defense, may be used in connection with providing services to any eligible organization under this section.
(d) Eligible Organizations.—The organizations eligible to receive services under this section are as follows:
(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.
Chapter 7. Service, Supply, and Procurement
§701 · Uniforms, arms, and equipment to be same as Army or Air Force
So far as practicable, the same types of uniforms, arms, and equipment as are issued to the Army shall be issued to the Army National Guard, and the same types of uniforms, arms, and equipment as are issued to the Air Force shall be issued to the Air National Guard.
Aug. 10, 1956, ch. 1041, 70A Stat. 612.
§702 · Issue of supplies
(a) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force may buy or manufacture and, upon requisition of the governor of any State or Territory or Puerto Rico or the commanding general of the National Guard of the District of Columbia, issue to its Army National Guard and Air National Guard, respectively, the supplies necessary to uniform, arm, and equip that Army National Guard or Air National Guard for field duty.
(b) Whenever the Secretary concerned is satisfied that the Army National Guard or the Air National Guard, as the case may be, of any State or Territory, Puerto Rico, or the District of Columbia is properly organized, armed, and equipped for field duty, funds allotted to that jurisdiction for its Army National Guard or Air National Guard may be used to buy any article issued by the Army or the Air Force, as the case may be.
(c) Under such regulations as the President may prescribe, the issue of new types of equipment, small arms, or field guns to the National Guard of any State or Territory, Puerto Rico, or the District of Columbia shall be without charge against appropriations for the National Guard.
(d) No property may be issued to the National Guard of a State or Territory, Puerto Rico, or the District of Columbia, unless that jurisdiction makes provision, satisfactory to the Secretary concerned, for its protection and care.
Aug. 10, 1956, ch. 1041, 70A Stat. 612; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), (4), 102 Stat. 2059.
§703 · Purchases of supplies by States from Army or Air Force
(a) Subject to the approval of the Secretary of the Army, any State or Territory, Puerto Rico, or the District of Columbia may buy from the Department of the Army, for its National Guard or the officers thereof, supplies and military publications furnished to the Army, in addition to other supplies issued to its Army National Guard. On the same basis, it may buy similar property from the Department of the Air Force. A purchase under this subsection shall be for cash, at cost plus transportation.
(b) In time of actual or threatened war, the United States may requisition for military use any property bought under subsection (a). Credit for the return in kind of property so requisitioned shall be given to the State or Territory, Puerto Rico, or the District of Columbia from which it is received.
(c) Proceeds of sales by the Department of the Army and the Department of the Air Force under this section shall be credited to the appropriations from which the property was purchased, shall not be covered into the Treasury, and may be used to replace property sold under this section.
Aug. 10, 1956, ch. 1041, 70A Stat. 613; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§704 · Accountability: relief from upon order to active duty
Upon ordering any part of the Army National Guard of the United States or the Air National Guard of the United States to active duty, the President may, upon such terms as he may prescribe, relieve the State or Territory, Puerto Rico, or the District of Columbia, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part.
Aug. 10, 1956, ch. 1041, 70A Stat. 613; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§705 · Purchase of uniforms and equipment by officers of National Guard from Army or Air Force
Officers of the Army National Guard not in Federal service may buy articles of individual clothing and equipment from the Department of the Army, under such regulations as the Secretary of the Army may prescribe. On the same basis, officers of the Air National Guard not in Federal service may buy those items from the Department of the Air Force. Purchases under this section shall be for cash, at average current costs, including overhead, as determined by the Secretary concerned.
Aug. 10, 1956, ch. 1041, 70A Stat. 613.
§706 · Return of arms and equipment upon relief from Federal service
So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325(b) of this title, arms and equipment that the Secretary concerned determines are sufficient to accomplish their peacetime mission shall be returned with them.
Aug. 10, 1956, ch. 1041, 70A Stat. 613.
§707 · Use of public buildings for offices by instructors
Whenever practicable, instructors of the National Guard shall use State armories or other public buildings for offices.
Aug. 10, 1956, ch. 1041, 70A Stat. 614.
§708 · Property and fiscal officers
(a) The Governor of each State or Territory and Puerto Rico, and the commanding general of the National Guard of the District of Columbia, shall appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the National Guard of that jurisdiction who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the property and fiscal officer of that jurisdiction. If the officer is not on active duty, the President may order him to active duty, with his consent, to serve as a property and fiscal officer.
(b) Each property and fiscal officer shall—
(1) receipt and account for all funds and property of the United States in the possession of the National Guard for which he is property and fiscal officer; and
(2) make returns and reports concerning those funds and that property, as required by the Secretary concerned.
(c) When he ceases to hold that assignment, a property and fiscal officer resumes his status as an officer of the National Guard.
(d) The Secretaries shall prescribe a maximum grade, commensurate with the functions and responsibilities of the office, but not above colonel, for the property and fiscal officer of the United States for the National Guard of each State or Territory, Puerto Rico, and the District of Columbia.
(e) The Secretary of the Army and the Secretary of the Air Force shall prescribe joint regulations necessary to carry out regulationsÿ7E necessaryÿ7E toÿ7E carryÿ7E outÿ7E subsections (a)–(d).
(f) A property and fiscal officer may intrust money to an officer of the National Guard to make disbursements as his agent. Both the officer to whom money is intrusted, and the property and disbursing officer intrusting the money to him, are pecuniarily responsible for that money to the United States. The agent officer is subject, for misconduct as an agent, to the liabilities and penalties prescribed by law in like cases for the property and fiscal officer for whom he is acting.
Aug. 10, 1956, ch. 1041, 70A Stat. 614; June 6, 1972, Pub. L. 92–310, title II, §207, 86 Stat. 203; July 30, 1977, Pub. L. 95–79, title VIII, §804(b), 91 Stat. 333; Dec. 12, 1980, Pub. L. 96–513, title V, §515(4), 94 Stat. 2937; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059; Nov. 29, 1989, Pub. L. 101–189, div. A, title VI, §653(g), 103 Stat. 1463.
§709 · Technicians: employment, use, status
(a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsection (b) of this section persons may be employed as technicians in—
(1) the administration and training of the National Guard; and
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces.
(b) Except as prescribed by the Secretary concerned, a technician employed under subsection (a) shall, while so
employed—(1)
Guard;(2)
(3) wear the uniform appropriate for the member's grade and component of the armed forces while performing duties as a technician.
(c) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title, to employ and administer the technicians authorized by this section.
(d) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed therein is required under subsection (b) to be a member of the National Guard.
(e) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned—
(1) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who is separated from the National Guard or ceases to hold the military grade specified for his position by the Secretary concerned shall be promptly separated from his technician employment by the adjutant general of the jurisdiction concerned;
(2) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who fails to meet the military security standards established by the Secretary concerned for a member of a reserve component of the armed force under his jurisdiction may be separated from his employment as a technician and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned;
(3) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;
(4) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned;
(5) a right of appeal which may exist with respect to clause (1), (2), (3), or (4) shall not extend beyond the adjutant general of the jurisdiction concerned; and
(6) a technician shall be notified in writing of the termination of his employment as a technician and, unless the technician is serving under a temporary appointment, is serving in a trial or probationary period, or has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment, such notification shall be given at least 30 days before the termination date of such employment.
(f) Sections 2108, 3502, 7511, and 7512
(g)(1) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may, in the case of technicians assigned to perform operational duties at air defense sites—
(A) prescribe the hours of duties;
(B) fix the rates of basic compensation; and
(C) fix the rates of additional compensation;
to reflect unusual tours of duty, irregular additional duty, and work on days that are ordinarily nonworkdays. Additional compensation under this subsection may be fixed on an annual basis and is determined as an appropriate percentage, not in excess of 12 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS–10 of the General Schedule under section 5332 of title 5.
(2) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may, for technicians other than those described in paragraph (1), prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work.
[(h) Repealed. Pub. L. 103–160, div. A, title V, §524(d), Nov. 30, 1993, 107 Stat. 1657.]
(i) The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under section 301 of this title a qualification applicable to technicians employed under subsection (a) that is not applicable pursuant to that section to the other members of the National Guard in the same grade, branch, position, and type of unit or organization involved.
Aug. 10, 1956, ch. 1041, 70A Stat. 614; Sept. 13, 1961, Pub. L. 87–224, §2, 75 Stat. 496; Aug. 13, 1968, Pub. L. 90–486, §2(1), 82 Stat. 755; Aug. 13, 1971, Pub. L. 92–119, §2, 85 Stat. 340; Dec. 12, 1980, Pub. L. 96–513, title V, §515(5)–(7), 94 Stat. 2937; Nov. 30, 1993, Pub. L. 103–160, div. A, title V, §§523(a), 524(c), (d), 107 Stat. 1656, 1657; Oct. 5, 1994, Pub. L. 103–337, div. A, title X, §1070(b)(2), (d)(5), 108 Stat. 2856, 2858; Feb. 10, 1996, Pub. L. 104–106, div. A, title X, §1038(a), 110 Stat. 432. 2858.
but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation.
§710 · Accountability for property issued to the National Guard
(a) All military property issued by the United States to the National Guard remains the property of the United States.
(b) The Secretary of the Army shall prescribe regulations for accounting for property issued by the United States to the Army National Guard and for the fixing of responsibility for that property. The Secretary of the Air Force shall prescribe regulations for accounting for property issued by the United States to the Air National Guard and for the fixing of responsibility for that property. So far as practicable, regulations prescribed under this section shall be uniform among the components of each service.
(c) Under regulations prescribed by the Secretary concerned under subsection (b), liability for the value of property issued by the United States to the National Guard that is lost, damaged, or destroyed may be charged (1) to a member of the Army National Guard or the Air National Guard when in similar circumstances a member of the Army or Air Force serving on active duty would be so charged, or (2) to a State or Territory, Puerto Rico, or the District of Columbia when the property is lost, damaged, or destroyed incident to duty directed pursuant to the laws of, and in support of the authorities of, such jurisdiction. Liability charged to a member of the Army National Guard or the Air National Guard shall be paid out of pay due to the member for duties performed as a member of the National Guard, unless the Secretary concerned shall for good cause remit or cancel that liability. Liability charged to a State or Territory, Puerto Rico, or the District of Columbia shall be paid from its funds or from any other non-Federal funds.
(d) If property surveyed under this section is found to be unserviceable or unsuitable, the Secretary concerned or his designated representative shall direct its disposition by sale or otherwise. The proceeds of the following under this subsection shall be deposited in the Treasury under section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934.
(1) A sale.
(2) A stoppage against a member of the National Guard.
(3) A collection from a person, or from a State or Territory, Puerto Rico, or the District of Columbia, to reimburse the United States for the loss or destruction of, or damage to, the property.
(e) If a State or Territory, Puerto Rico, or the District of Columbia, whichever is concerned, neglects or refuses to pay for the loss or destruction of, or damage to, property charged against it under subsection (c), the Secretary concerned may bar it from receiving any part of appropriations for the Army National Guard or the Air National Guard, as the case may be, until the payment is made.
(f)(1) Instead of the procedure prescribed by subsections (b), (c), and (d), property issued to the National Guard that becomes unserviceable through fair wear and tear in service may, under regulations to be prescribed by the Secretary concerned, be sold or otherwise disposed of after an inspection, and a finding of unserviceability because of that wear and tear, by a commissioned officer designated by the Secretary. The State or Territory, Puerto Rico, or the District of Columbia, whichever is concerned, is relieved of accountability for that property.
(2) In designating an officer to conduct inspections and make findings for purposes of paragraph (1), the Secretary concerned shall designate—
(A) in the case of the Army National Guard, a commissioned officer of the Regular Army or a commissioned officer of the Army National Guard who is also a commissioned officer of the Army National Guard of the United States; and
(B) in the case of the Air National Guard, a commissioned officer of the Regular Air Force or a commissioned officer of the Air National Guard who is also a commissioned officer of the Air National Guard of the United States.
Aug. 10, 1956, ch. 1041, 70A Stat. 615; Sept. 2, 1958, Pub. L. 85–861, §33(c)(3), 72 Stat. 1567; Aug. 8, 1980, Pub. L. 96–328, §1(a), (b)(1), 94 Stat. 1027; Dec. 12, 1980, Pub. L. 96–513, title V, §515(8), 94 Stat. 2937; Sept. 13, 1982, Pub. L. 97–258, §3(h)(2), 96 Stat. 1065; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059; Nov. 30, 1993, Pub. L. 103–160, div. A, title V, §524(e), 107 Stat. 1657.
§711 · Disposition of obsolete or condemned property
Each State and Territory, Puerto Rico, and the District of Columbia shall, upon receiving new property issued to its National Guard to replace obsolete or condemned issues of property, return the replaced property to the Department of the Army or the Department of the Air Force, as the case may be, or otherwise dispose of it, as the Secretary concerned directs. No money credit may be allowed for property disposed of under this section.
Aug. 10, 1956, ch. 1041, 70A Stat. 616; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§712 · Disposition of proceeds of condemned stores issued to National Guard
The following shall be covered into the Treasury:
(1) The proceeds from sales of condemned stores issued to the National Guard of a State or Territory, Puerto Rico, or the District of Columbia, and not charged against its allotment.
(2) The net proceeds from collections made from any person to reimburse the United States for the loss or destruction of, or damage to, property described in clause (1).
(3) Stoppage against members of the National Guard for the loss or destruction of, or damage to, property described in clause (1).
Aug. 10, 1956, ch. 1041, 70A Stat. 616; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(b)(1), 102 Stat. 2059.
§713 · Official mail: free transmission
Units and headquarters of the National Guard, whether or not in Federal service, have the same privilege of free mailing of official matter as the Department of Defense.
Aug. 10, 1956, ch. 1041, 70A Stat. 617.
§714 · Final settlement of accounts: deceased members
(a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death:
(1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member's death, at the place named in regulations to be prescribed by the Secretary concerned.
(2) Surviving spouse.
(3) Children and their descendants, by representation.
(4) Father and mother in equal parts or, if either is dead, the survivor.
(5) Legal representative.
(6) Person entitled under the law of the domicile of the deceased member.
(b) Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform with those prescribed for the armed forces under section 2771(b) of title 10.
(c) Under such regulations as the Secretary concerned Comptroller General may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be. Payment under clause (6) of subsection (a) shall be made—
(1) upon settlement by the General Accounting Office; or
(2) as otherwise authorized by the Comptroller General.
(d) A payment under this section bars recovery by any other person of the amount paid.
Added Pub. L. 85–861, §2(12), Sept. 2, 1958, 72 Stat. 1546; amended Pub. L. 87–46, June 16, 1961, 75 Stat. 92; Pub. L. 104–316, title II, §202(q), Oct. 19, 1996, 110 Stat. 3844. 92.
§715 · Property loss; personal injury or death: activities under certain sections of this title
(a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for—
(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
(b) A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by section 2734 of title 10 or section 2672 of title 28;
(3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service;
(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee, or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and
(5) it is substantiated as prescribed in regulations of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.
(c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico.
(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury Comptroller General for payment under section 1304 of title 31.
(e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
(f) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose.
(g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive.
(h) In this section, “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance.
Added Pub. L. 86–740, §1(1), Sept. 13, 1960, 74 Stat. 878; amended Pub. L. 87–649, §8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90–486, §2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90–525, §6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91–312, §3, July 8, 1970, 84 Stat. 412; Pub. L. 92–445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93–336, §3, July 8, 1974, 88 Stat. 292; Pub. L. 98–564, §4, Oct. 30, 1984, 98 Stat. 2919; Pub. L. 104–316, title II, §202(r), Oct. 19, 1996, 110 Stat. 3844. 2919.
§716 · Claims for overpayment of pay and allowances, and travel and transportation allowances
(a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by—
(1) the Director of the Office of Management and Budget; Comptroller General; or
(2) the Secretary concerned, as defined in section 101(5) of title 37, when—
(A) the claim is in an amount aggregating not more than $1,500;
and(B)
(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and
(b) The Director of the Office of Management and Budget Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim—
(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or
(2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment was discovered.
(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.
(d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.
(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes.
(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
Added Pub. L. 92–453, §2(1), Oct. 2, 1972, 86 Stat. 759; amended Pub. L. 96–513, title V, §515(9), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 99–224, §3(a), Dec. 28, 1985, 99 Stat. 1742; Pub. L. 102–190, div. A, title VI, §657(c), Dec. 5, 1991, 105 Stat. 1393; Pub. L. 104–316, title I, §116, Oct. 19, 1996, 110 Stat. 3835.