32 U.S.C. § 108 — Forfeiture of Federal benefits

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Program, submit the regulations to defense and foreign relations committees, and report to the committees, was repealed by Pub.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