Availability of appropriations
Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for—
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;
the necessary expenses of members of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army Staff or the Air Staff, traveling to and from annual conventions of the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Association;
the transportation of supplies furnished to the National Guard as permanent equipment;
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;
the expenses of the National Guard Bureau, including clerical services;
the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges;
such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and
other expenses of the National Guard authorized by law.
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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. Payable expenses include allowances for subsistence and housing under sections 402 and 403 of title 37 and expenses for medicine and medical attendance.
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, § 4,Notes
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Historical and Revision Notes |
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1956 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
107(a) 107(b) 107(c) | 32:22 (less proviso). 32:22 (proviso, less words between 5th and 7th semicolons). 32:22 (words between 5th and 7th semicolons of proviso). | June 3, 1916, ch. 134, § 67 (2d par.), 39 Stat. 199; Sept. 22, 1922, ch. 423, § 3, 42 Stat. 1034; Apr. 6, 1928, ch. 321, 45 Stat. 406. |
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1982 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
32:107(c) | 31:698. | Aug. 10, 1956, ch. 1041, § 30, 70A Stat. 632. |
Amendments
Effective Date of 2003 Amendment
Effective Date of 1997 Amendment
Effective Date of 1994 Amendment
Authorization of National Guard State Partnership Program
Authority.—
In general.—
The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of exchanges of members of the National Guard of a State or territory and the military forces, or security forces or other government organizations whose primary functions include disaster response or emergency response, of a foreign country.
State partnership program.—
Each program established under this subsection shall be known as a ‘State Partnership Program’.
Limitation.—
An activity under a program established under subsection (a) that involves the security forces or other government organizations whose primary functions include disaster response or emergency response of a foreign country, or an activity that the Secretary of Defense determines is a matter within the core competencies of the National Guard of a State or territory, may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.
Regulations.—
In general.—
Not later than 180 days after the date of the enactment of this Act [
Notification.—
Not later than 15 days after the date on which such regulations have been prescribed, the Secretary of Defense—
shall notify the appropriate congressional committees that the regulations have been prescribed; and
shall provide to the appropriate congressional committees a copy of the regulations.
Availability of Authorized Funds for Program.—
In general.—
Funds authorized to be appropriated to the Department of Defense, including funds authorized to be appropriated for the Army National Guard and Air National Guard, are authorized to be available—
for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a); and
for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).
Limitations.—
Active duty requirement.—
Funds shall not be available under paragraph (1) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation
Incremental expenses.—
The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.
Reports and Notifications.—
Review and report of existing programs.—
Review.—
The Secretary of Defense, with the concurrence of the Secretary of State, shall conduct a comprehensive review of each program under the State Partnership Program as in effect on the day before the date of the enactment of this Act [
Report.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on—
the findings of the review conducted under subparagraph (A); and
any recommendations with respect to the review conducted under subparagraph (A).
Annual report.—
In general.—
Not later than January 31 of each year following a fiscal year in which activities under a program established under subsection (a) are carried out, the Secretary of Defense shall submit to the appropriate congressional committees a report on such activities under the program.
Matters to be included.—
Each report shall specify, for the fiscal year covered by such report, the following:
Each foreign country in which the activities were conducted.
The type of activities conducted, the duration of the activities, and the number of members of the National Guard of each State or territory involved in such activities.
The extent of participation in the activities by the military forces and security forces of such foreign country.
A summary of expenditures to conduct the activities, including the annual cost of the activities, with a breakdown of such expenditures by geographic combatant command.
With respect to activities described in subsection (b), the objective of the activities, and a description of how the activities support the theater campaign plan of the commander of the geographic combatant command with responsibility for the country or countries in which the training occurred.
Rule of Construction.—
Nothing in this section shall be construed to supersede any authority under title 10, United States Code, as in effect on the date of the enactment of this Act [
Definitions.—
In this section:
Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means—
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Incremental expenses.—
The term ‘incremental expenses’, with respect to a foreign country—
means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country’s participation in activities conducted under subsection (a); and
does not include—
any form of lethal assistance (excluding training ammunition); or
pay, allowances, and other normal costs of the personnel of the country.
Repeal of Superseded Authority.—
[Repealed section 1210 of Pub. L. 111–84, formerly set out as a note below.]
Termination.—
The authority granted under subsection (a) shall terminate on
Limitation on Activities Under State Partnership Program Pending Compliance With Certain Program-Related Requirements
Limitation.—
If both requirements specified in subsection (b) are not met as of
Requirements.—
The requirements specified in this subsection are the following:
The requirement for the Secretary of Defense to submit to the appropriate congressional committees the final regulations required by subsection (a) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 note).
A requirement for the Secretary of Defense to certify to the appropriate congressional committees that appropriate modifications have been made, and appropriate controls have been instituted, to ensure the compliance of the Program with section 1341 of title 31, United States Code (commonly referred to as the ‘Anti-Deficiency Act’), in the future.
Appropriate Congressional Committees Defined.—
In this section, the term ‘appropriate congressional committees’ has the meaning given that term in subsection (d) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010.”