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32 U.S.C. § 334 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 32—NATIONAL GUARD
§ 329
(c) WAIVER AUTHORITY.—(1) Notwithstanding
section 101(d)(6)(A) of title 10 and subsection (b)
of this section, the Governor of a State or the
Commonwealth of Puerto Rico, Guam, or the
Virgin Islands, or the commanding general of
the District of Columbia National Guard, as the
case may be, may, at the request of the Sec-
retary concerned, order a member of the Na-
tional Guard to perform Active Guard and Re-
serve duty for purposes of performing training of
the regular components of the armed forces as
the primary duty.
(2) Training performed under paragraph (1)
must be in compliance with the requirements of
section 502(f)(2)(B)(i) of this title.
(3) No more than 100 personnel may be granted
a waiver by a Secretary concerned under para-
graph (1) at a time.
(4) The authority under paragraph (1) shall
terminate on October 1, 2024.
(Added Pub. L. 109–364, div. A, title V, § 526(a),
Oct. 17, 2006, 120 Stat. 2196; amended Pub. L.
117–263, div. A, title V, § 515(a), Dec. 23, 2022, 136
Stat. 2566.)
Editorial Notes
PRIOR PROVISIONS
A prior section 328, act Aug. 10, 1956, ch. 1041, 70A
Stat. 608, related to special courts-martial of the Na-
tional Guard not in Federal service, prior to repeal by
Pub. L. 107–314, div. A, title V, § 512(c), Dec. 2, 2002, 116
Stat. 2537, applicable with respect to courts-martial
convened after Dec. 2, 2002.
AMENDMENTS
2022—Subsec. (c). Pub. L. 117–263 added subsec. (c).
§ 329. Prohibition on private funding for inter-
state deployment
A member of the National Guard may not be
ordered to cross a border of a State to perform
duty (under this title or title 10) if such duty is
paid for with private funds, unless such duty is
in response to a major disaster or emergency
under secti
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Page 30
TITLE 32—NATIONAL GUARD
§ 329
(c) WAIVER AUTHORITY.—(1) Notwithstanding
section 101(d)(6)(A) of title 10 and subsection (b)
of this section, the Governor of a State or the
Commonwealth of Puerto Rico, Guam, or the
Virgin Islands, or the commanding general of
the District of Columbia National Guard, as the
case may be, may, at the request of the Sec-
retary concerned, order a member of the Na-
tional Guard to perform Active Guard and Re-
serve duty for purposes of performing training of
the regular components of the armed forces as
the primary duty.
(2) Training performed under paragraph (1)
must be in compliance with the requirements of
section 502(f)(2)(B)(i) of this title.
(3) No more than 100 personnel may be granted
a waiver by a Secretary concerned under para-
graph (1) at a time.
(4) The authority under paragraph (1) shall
terminate on October 1, 2024.
(Added Pub. L. 109–364, div. A, title V, § 526(a),
Oct. 17, 2006, 120 Stat. 2196; amended Pub. L.
117–263, div. A, title V, § 515(a), Dec. 23, 2022, 136
Stat. 2566.)
Editorial Notes
PRIOR PROVISIONS
A prior section 328, act Aug. 10, 1956, ch. 1041, 70A
Stat. 608, related to special courts-martial of the Na-
tional Guard not in Federal service, prior to repeal by
Pub. L. 107–314, div. A, title V, § 512(c), Dec. 2, 2002, 116
Stat. 2537, applicable with respect to courts-martial
convened after Dec. 2, 2002.
AMENDMENTS
2022—Subsec. (c). Pub. L. 117–263 added subsec. (c).
§ 329. Prohibition on private funding for inter-
state deployment
A member of the National Guard may not be
ordered to cross a border of a State to perform
duty (under this title or title 10) if such duty is
paid for with private funds, unless such duty is
in response to a major disaster or emergency
under section 401 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(Added Pub. L. 117–81, div. A, title V, § 512(a),
Dec. 27, 2021, 135 Stat. 1682.)
Editorial Notes
PRIOR PROVISIONS
A prior section 329, act Aug. 10, 1956, ch. 1041, 70A
Stat. 608, which related to summary courts-martial of
National Guard not in Federal service, was repealed by
Pub. L. 107–314, div. A, title V, § 512(c)(1), Dec. 2, 2002,
116 Stat. 2537.
[§§ 330 to 333. Repealed. Pub. L. 107–314, div. A,
title V, § 512(c)(1), Dec. 2, 2002, 116 Stat. 2537]
Section 330, act Aug. 10, 1956, ch. 1041, 70A Stat. 609,
related to confinement instead of fine for a court-mar-
tial in the National Guard not in Federal service.
Section 331, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609;
Pub. L. 100–456, div. A, title XII, § 1234(b)(3), Sept. 29,
1988, 102 Stat. 2059, related to sentence of dismissal or
dishonorable discharge in the National Guard not in
Federal service.
Section 332, act Aug. 10, 1956, ch. 1041, 70A Stat. 609,
authorized the president of a court-martial or a sum-
mary court officer to compel attendance of accused and
witnesses in the National Guard not in Federal service.
Section 333, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609;
Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29,
1988, 102 Stat. 2059, related to execution of process and
sentence of courts-martial in the National Guard not in
Federal service.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 107–314, div. A, title V, § 512(c)(2), Dec. 2, 2002,
116 Stat. 2537, provided that: ‘‘The provisions of law re-
pealed by paragraph (1) [repealing sections 328 to 333 of
this title] shall continue to apply with respect to
courts-martial convened in the National Guard not in
Federal service before the date of the enactment of this
Act [Dec. 2, 2002].’’
[§ 334. Repealed. Pub. L. 97–124, § 3, Dec. 29, 1981,
95 Stat. 1666]
Section, added Pub. L. 94–464, § 2(b), Oct. 8, 1976, 90
Stat. 1986; amended Pub. L. 96–513, title V, § 515(3), Dec.
12, 1980, 94 Stat. 2937, provided for the payment of mal-
practice liability of National Guard Medical personnel.
See sections 1089(a) of Title 10, Armed Forces, and 2671
of Title 28, Judiciary and Judicial Procedure.
Statutory Notes and Related Subsidiaries
AMENDMENT AFTER REPEAL
Pub. L. 97–258, § 3(h)(1), Sept. 13, 1982, 96 Stat. 1065,
purported to substitute ‘‘section 1304 of title 31’’ for
‘‘section 1302 of the Act of July 27, 1956, (31 U.S.C.
724a)’’ in subsec. (a) of section 334 of this title, without
reference to the earlier repeal of that section by Pub.
L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666.
EFFECTIVE DATE OF REPEAL
Repeal effective only with respect to claims arising
on or after Dec. 29, 1981, see section 4 of Pub. L. 97–124,
set out as an Effective Date of 1981 Amendment note
under section 1089 of Title 10, Armed Forces.
[§ 335.
Repealed.
Pub.
L.
98–525,
title
IV,
§ 414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519]
Section, added Pub. L. 98–94, title V, § 504(b)(1), Sept.
24, 1983, 97 Stat. 632, related to status of certain mem-
bers of the National Guard performing full-time duty.
CHAPTER 5—TRAINING
Sec.
501.
Training generally.
502.
Required drills and field exercises.
503.
Participation in field exercises.
504.
National Guard schools and small arms com-
petitions.
505.
Army and Air Force schools and field exer-
cises.
506.
Assignment and detail of members of Regular
Army or Regular Air Force for instruction
of National Guard.
507.
Instruction in firing; supply of ammunition.
508.
Assistance for certain youth and charitable
organizations.
509.
National Guard Youth Challenge Program of
opportunities for civilian youth.
510.
Authorization for FireGuard Program.
Editorial Notes
AMENDMENTS
2023—Pub. L. 118–31, div. A, title V, § 515(b), Dec. 22,
2023, 137 Stat. 249, added item 510.
2004—Pub. L. 108–375, div. A, title V, § 594(b)(2), Oct.
28, 2004, 118 Stat. 1936, substituted ‘‘National Guard
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 94–464, § 2(b), Oct. 8, 1976, 90 Stat. 1986; amended Pub. L. 96–513, title V, § 515(3), Dec. 12, 1980, 94 Stat. 2937, provided for the payment of malpractice liability of National Guard Medical personnel. See sections 1089(a) of Title 10, Armed Forces, and 2671 of Title 28, Judiciary and Judicial Procedure.
#### Amendment After Repeal
Pub. L. 97–258, § 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported to substitute “[section 1304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304&num=0&edition=prelim)” for “section 1302 of the Act of July 27, 1956, ([31 U.S.C. 724a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section724a&num=0&edition=prelim))” in subsec. (a) of [section 334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section334&num=0&edition=prelim), without reference to the earlier repeal of that section by Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666.
#### Effective Date of Repeal
Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97–124, set out as an Effective Date of 1981 Amendment note under [section 1089 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1089&num=0&edition=prelim), Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 334
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
**(b) Indian tribal government requests**
(1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170
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Federal law — U.S. Code and appendices · legal_authorities
Page 6389
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5170
(2) Acquisition and maintenance of equip-
ment, including interoperable communica-
tions and personal protective equipment.
(3) Medical monitoring required for re-
sponder safety and health in anticipation of
and following a major disaster, emergency, or
other hazard, as determined by the Adminis-
trator.
(m) Response cooperative agreements
The Administrator shall enter into a response
cooperative agreement with each sponsoring
agency, as appropriate, under which the Admin-
istrator agrees to reimburse the sponsoring
agency for costs incurred by the sponsoring
agency in responding to a major disaster or
emergency.
(n) Obligations
The Administrator may incur all necessary
obligations consistent with this section in order
to ensure the effectiveness of the System.
(o) Equipment maintenance and replacement
Not later than 180 days after December 16,
2016, the Administrator shall submit to the ap-
propriate congressional committees (as defined
in section 101 of title 6) a report on the develop-
ment of a plan, including implementation steps
and timeframes, to finance, maintain, and re-
place System equipment.
(p) Federal employees
Nothing in this section shall be construed to
mean that a task force may not include Federal
employees. In the case of a Federal employee de-
tailed to a task force, the sponsoring agency
shall enter into an agreement with the relevant
employing Federal agency.
(Pub. L. 93–288, title III, § 327, as added Pub. L.
114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amend-
ed Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (f)(3), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5170
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5170. This identifies an authority to review, not proof of applicability.