32 U.S.C. § 107 — Availability of appropriations

Page 8 TITLE 32—NATIONAL GUARD § 106 the United States detailed for that purpose, on behalf of the Secretary of the Army or the Sec- retary of the Air Force. Any such inspection may be made only with the approval of the Sec- retary of the Army or the Secretary of the Air Force, as applicable. (Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 95–79, title VIII, § 804(a), July 30, 1977, 91 Stat. 333; Pub. L. 102–484, div. A, title XI, § 1122, Oct. 23, 1992, 106 Stat. 2540; Pub. L. 116–92, div. A, title V, § 517, Dec. 20, 2019, 133 Stat. 1349; Pub. L. 117–263, div. A, title V, § 514(a), Dec. 23, 2022, 136 Stat. 2565.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 105(a) ...... 105(b) ...... 32:15 (1st sentence). 32:15 (less 1st sentence). June 3, 1916, ch. 134, § 93, 39 Stat. 206. In subsection (a), the word ‘‘commissioned’’ is in- serted, since 32:15 historically applied only to commis- sioned officers (see opinion of the Judge Advocate Gen- eral of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (a)(2), the words ‘‘provided in this title’’ are substituted for the words ‘‘hereinbefore pre- scribed’’. In subsection (a)(4), the words ‘‘the Army National Guard and its organizations’’ are substituted for the words ‘‘the organization and the officers and enlisted men thereof’’. The word ‘‘uniformed’’ is omitted as cov- ered by the word ‘‘equipped’’. In subsection (b), the words ‘‘under subsection (a)’’ are substituted for the word ‘‘such’’. The words ‘‘units and members’’ are substituted for the word ‘‘parts’’. The words ‘‘within the meaning of this title’’ are omit- ted as surplusage. Editorial Notes AMENDMENTS 2022—Subsec. (a)(8). Pub. L. 117–263 added par. (8). 2019—Subsec. (a). Pub. L. 116–92, § 517(a), in introduc- tory provisions, substituted ‘‘by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have’’ for ‘‘by him, the Secretary of the Army shall have’’ and ‘‘the Regular Army or the Regular Air Force’’ for ‘‘the Regular Army’’ and struck out ‘‘, if necessary,’’ after ‘‘inspectors general, or’’; in pars. (1) to (5) and (7), substituted ‘‘Army National Guard or Air National Guard’’ for ‘‘Army National Guard’’; and struck out concluding provisions which read as follows: ‘‘The Secretary of the Air Force has a similar duty with respect to the Air National Guard.’’ Subsec. (c). Pub. L. 116–92, § 517(b), added subsec. (c). 1992—Subsec. (a). Pub. L. 102–484, § 1122(1), substituted ‘‘shall’’ for ‘‘may’’ in introductory provisions and added par. (7). Subsec. (b). Pub. L. 102–484, § 1122(2), inserted before period at end ‘‘; and for determining which units of the National Guard meet deployability standards’’. 1977—Subsec. (a). Pub. L. 95–79 substituted ‘‘Under regulations prescribed by him, the Secretary of the Army may have an inspection made’’ for ‘‘The Sec- retary of the Army shall have an inspection made at least once a year’’ and added cl. (6). § 106. Annual appropriations Sums will be appropriated annually, out of any money in the Treasury not otherwise appro- priated, 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 sup- plies, and for the payment of other expenses au- thorized by law. (Aug. 10, 1956, ch. 1041, 70A Stat. 599.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 106 .......... 32:21. June 3, 1916, ch. 134, § 67 (1st par.), 39 Stat. 199. The words ‘‘issue of’’ are substituted for the words ‘‘the expense of providing’’. The words ‘‘for issue to the National Guard’’ and ‘‘pertaining to said guard as are or may be’’ are omitted as surplusage. § 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 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 Asso- ciation of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Asso- ciation; (3) the transportation of supplies furnished to the National Guard as permanent equip- ment; (4) the office rent and necessary office ex- penses of officers of a regular or reserve com- ponent of the Army or the Air Force on duty with the National Guard; (5) the expenses of the National Guard Bu- reau, including clerical services; (6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suit- able target ranges; (7) such incidental expenses of authorized encampments, maneuvers, and field instruc- tion as the Secretary considers necessary; and (8) other expenses of the National Guard au- thorized 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 ap- propriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State, the Common- wealth 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 ex- penses 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; Pub. L. 90–83, § 4, Sept. 11, 1967, 81 Stat. 220; Pub. L. 92–119, § 1(a), Aug. 13, 1971, 85 Stat. 340; Pub. L. 97–258, § 2(h), Sept. 13, 1982, 96 Stat. 1061; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, Page 9 TITLE 32—NATIONAL GUARD § 107 1988, 102 Stat. 2059; Pub. L. 103–337, div. A, title XVI, § 1676(a)(1), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 105–85, div. A, title VI, § 603(d)(4), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 108–136, div. A, title V, § 514(a), Nov. 24, 2003, 117 Stat. 1460; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES 1956 ACT 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. In subsection (a), the words ‘‘strengths in enlisted members of the active’’ are substituted for the words ‘‘number of enlisted men in active service’’. The words between the eighth and ninth semicolons of 32:22, relat- ing to horses and draft animals, are omitted as obso- lete, since no animals are now authorized for the Na- tional Guard. The words ‘‘under section 106 of this title’’ are inserted, since only appropriations under that revised section are required to be apportioned. In subsection (b)(1) and (2), the words ‘‘actual and’’ are omitted as surplusage. In subsection (b)(2), the words ‘‘Reserve Officers hold- ing commission in the National Guard’’ are omitted as covered by the words ‘‘officers of a * * * reserve compo- nent of the Army or the Air Force’’. The words ‘‘Army General Staff’’ are substituted for the words ‘‘War De- partment General Staff’’ to conform to section 3031(b) of title 10. In subsection (c), the words ‘‘under sections 251 and 252 of title 37’’ are substituted for the words ‘‘provided in section 19 of title 37’’, since allowances for subsist- ence and quarters are now covered by those sections. The words ‘‘shall be paid from appropriations for the National Guard, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the Dis- trict of Columbia’’ are substituted for the words ‘‘shall constitute a charge against the whole sum annually ap- propriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned for any particular State, Territory, or the District of Columbia’’. 1982 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 32:107(c) .. 31:698. Aug. 10, 1956, ch. 1041, § 30, 70A Stat. 632. The work ‘‘appropriations’’ is substituted for ‘‘funds appropriated’’ for consistency in the title. Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘State, the Commonwealth of Puerto Rico, the District of Co- lumbia, Guam, or the Virgin Islands’’ for ‘‘State or Ter- ritory, Puerto Rico, or the District of Columbia’’. 2003—Subsec. (a)(2). Pub. L. 108–136 substituted ‘‘members’’ for ‘‘officers’’, ‘‘Army Staff’’ for ‘‘Army General Staff’’, and ‘‘the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States,’’ for ‘‘the Na- tional Guard Association of the United States’’. 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘and housing’’ for ‘‘and quarters’’. 1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘12402’’ for ‘‘3496 or 8496’’. 1988—Subsec. (b). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1982—Subsec. (c). Pub. L. 97–258 added subsec. (c). 1971—Pub. L. 92–119, § 1(a)(1), substituted ‘‘Avail- ability’’ for ‘‘Apportionment’’ in section catchline. Subsec. (a). Pub. L. 92–119, § 1(a)(2), (3), (4), redesig- nated subsec. (b) as (a) and substituted ‘‘appropriation for the National Guard’’ for ‘‘apportioned appropria- tion’’. Former subsec. (a), which provided for appor- tionment of appropriations for Army National Guard and Air National Guard under prescribed formulas among States, territories, Puerto Rico, Canal Zone, District of Columbia, was struck out. Subsecs. (b), (c). Pub. L. 92–119, § 1(a)(4), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a) and amended. 1967—Subsec. (c). Pub. L. 90–83 substituted ‘‘402 and 403’’ for ‘‘251 and 252’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title V, § 514(b), Nov. 24, 2003, 117 Stat. 1460, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall not apply with respect to funds appropriated for a fiscal year before fiscal year 2004.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM Pub. L. 113–66, div. A, title XII, § 1205, Dec. 26, 2013, 127 Stat. 897, as amended by Pub. L. 114–92, div. A, title XII, § 1203(a)–(e), (g)–(i), Nov. 25, 2015, 129 Stat. 1037–1039, re- lated to the Department of Defense State Partnership Program, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1246(e), Dec. 23, 2016, 130 Stat. 2521. See section 341 of Title 10, Armed Forces. LIMITATION ON ACTIVITIES UNDER STATE PARTNERSHIP PROGRAM PENDING COMPLIANCE WITH CERTAIN PRO- GRAM-RELATED REQUIREMENTS Pub. L. 112–239, div. A, title XII, § 1204, Jan. 2, 2013, 126 Stat. 1982, provided that: ‘‘(a) LIMITATION.—If both requirements specified in subsection (b) are not met as of February 28, 2013, no activities may be carried out under the State Partner- ship Program after that date until both requirements are met. ‘‘(b) REQUIREMENTS.—The requirements specified in this subsection are the following: ‘‘(1) The requirement for the Secretary of Defense to submit to the appropriate congressional commit- tees the final regulations required by subsection (a) of [former] section 1210 of the National Defense Au- thorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 note). ‘‘(2) 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. ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ has the meaning given that term in Page 10 TITLE 32—NATIONAL GUARD § 108 subsection (d) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010.’’ AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE PARTNERSHIP PROGRAM Pub. L. 111–84, div. A, title XII, § 1210, Oct. 28, 2009, 123 Stat. 2517, which required the Secretary of Defense to prescribe regulations regarding appropriated funds for the State Partnership Program, submit the regulations to defense and foreign relations committees, and report to the committees, was repealed by Pub. L. 113–66, div. A, title XII, § 1205(h), Dec. 26, 2013, 127 Stat. 899. § 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; Pub. L. 103–337, div. A, title IX, § 904(c), Oct. 5, 1994, 108 Stat. 2827.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 108 .......... 32:24. June 3, 1916, ch. 134, § 116, 39 Stat. 212. The words ‘‘does not comply’’ are substituted for the words ‘‘shall * * * have failed or refused to comply’’. The words ‘‘a requirement of, or regulation prescribed under, this title’’ are substituted for the words ‘‘any re- quirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army’’. The words ‘‘money or any other aid’’ are substituted for the words ‘‘pecuniary or other aid’’. The words ‘‘or provided by this title or any other’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 amended section generally. Prior to amendment, section read as follows: ‘‘If, within a time to be fixed by the President, a State does not com- ply with or enforce a requirement of, or regulation pre- scribed under, this title its National Guard is barred, wholly or partly as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective at end of 90- day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as an Effective Date note under section 10501 of Title 10, Armed Forces. § 109. Maintenance of other troops (a) In time of peace, a State, the Common- wealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Is- lands to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from or- ganizing and maintaining police or constabu- lary. (c) In addition to its National Guard, if any, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Is- lands may, as provided by its laws, organize and maintain defense forces. A defense force estab- lished 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, sub- sistence, 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; Pub. L. 85–861, § 2(2), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 111–383, div. A, title X, § 1075(h)(4)(B), Jan. 7, 2011, 124 Stat. 4377.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 109(a) ...... 109(b) ...... 32:194(a) (1st sentence). 32:194(c) (as applicable to 32:194(a) (1st sen- tence)). 32:194(a) (less 1st sen- tence). 32:194(c) (less applica- bility to 32:194(a) (1st sentence)). June 3, 1916, ch. 134, § 61 (less (b)); restated Oct. 21, 1940, ch. 904 (less last 3 provisos); re- stated Aug. 18, 1941, ch. 363 (less last 3 pro- visos); restated Oct. 1, 1942, ch. 570 (less (b)); restated June 26, 1944, ch. 279 (less (b)); re- stated Sept. 27, 1950, ch. 1058 (less (b)), 64 Stat. 1072. In subsection (a), the words ‘‘those of its National Guard’’ are substituted for the words ‘‘as authorized in accordance with the organization prescribed under this Act’’. In subsections (a) and (b), the provisions of 32:194(c) are exhausted by the enumeration of the jurisdictions named. In subsection (b), the words ‘‘Nothing in this title limits’’ are substituted for the words ‘‘Nothing con- tained in this Act shall be construed to limit’’. 1958 ACT Section of title 32 Source (U.S. Code) Source (Statutes at Large) 109(c) ...... 32 App.:194(b) (less 4th and last sentences). Aug. 11, 1955, ch. 802, 69 Stat. 686. 109(d) ...... 32 App.:194(b) (4th sen- tence). 109(e) ...... 32 App.:194(b) (last sen- tence). In subsection (c), the words ‘‘heretofore authorized by this Act [sic]’’, ‘‘as such’’, and ‘‘in any manner’’ are omitted as surplusage. In subsection (d), the words ‘‘under any Federal law’’ are omitted since only Federal law could require serv- ice in the armed forces. The word ‘‘military’’ is omitted as surplusage. In subsection (e), the words ‘‘defense force’’ are sub- stituted for the words ‘‘organized militia’’ for accuracy