2011 US Code
Title 32 - National Guard
Chapter 5 - TRAINING (§§ 501 - 509)
Section 501 - Training generally
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 32 - NATIONAL GUARD |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 32 - NATIONAL GUARD CHAPTER 5 - TRAINING Sec. 501 - Training generally |
Contains | section 501 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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; Pub. L. 109-163, div. A, title X, §1057(b)(7), Jan. 6, 2006, 119 Stat. 3442. |
Statutes at Large References | 39 Stat. 206 102 Stat. 2059 106 Stat. 2360, 2385, 2519 107 Stat. 846, 1629, 1767 108 Stat. 2741, 4024 110 Stat. 355 111 Stat. 1905 114 Stat. 1654 119 Stat. 3442 |
Public Law References | Public Law 100-456, Public Law 102-484, Public Law 103-82, Public Law 103-160, Public Law 103-337, Public Law 103-382, Public Law 104-106, Public Law 105-85, Public Law 106-398, Public Law 109-163 |
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(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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands in conformity with this title.
(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; Pub. L. 109–163, div. A, title X, §1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
501(a) 501(b) | 32:61 (1st 24 words). 32:61 (less 1st 24 words). | June 3, 1916, ch. 134, §91, 39 Stat. 206. |
In subsection (a), the words “that of” are substituted for the words “the system which is or may be prescribed for”. The word “Army” is substituted for the words “Regular Army”, since the Army is the category for which the discipline and training is prescribed and the Regular Army is a personnel category for which no discipline and training is prescribed. Similarly, the words “Air Force” are used instead of the words “Regular Air Force”.
Amendments2006—Subsec. (b). Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”.
1988—Subsec. (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
Demonstration Project To Increase Reserve Component Internet Access and Services in Rural CommunitiesPub. L. 106–398, §1 [[div. A], title III, §390], Oct. 30, 2000, 114 Stat. 1654, 1654A–90, provided that:
“(a)
“(b)
“(1) establish and operate distance learning classrooms in communities described in subsection (a), including any support systems required for such classrooms; and
“(2) provide Internet access and services in such classrooms through GuardNet, the telecommunications infrastructure of the National Guard.
“(c)
Pub. L. 102–484, div. A, title III, §376, Oct. 23, 1992, 106 Stat. 2385, as amended by Pub. L. 103–160, div. A, title III, §365, Nov. 30, 1993, 107 Stat. 1629; Pub. L. 103–337, div. A, title III, §384, Oct. 5, 1994, 108 Stat. 2741, provided that:
“(a)
“(b)
“(c)
“(2) In addition to supplies and equipment provided through the use of funds under paragraph (1), supplies and equipment described in such paragraph that are furnished by a State, a Federal agency, a private agency, or an individual may be used to carry out the pilot program.
“(d)
“(e)
“(f)
“(g)
“(h)
“(1) The term ‘health care’ includes the following services:
“(A) Medical care services.
“(B) Dental care services.
“(C) Transportation, by air ambulance or other means, for medical reasons.
“(2) The term ‘Governor’, with respect to the District of Columbia, means the commanding general of the District of Columbia National Guard.
“(3) The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.”
National Guard Civilian Youth Opportunities Pilot ProgramPub. L. 104–106, div. A, title V, §573, Feb. 10, 1996, 110 Stat. 355, provided that:
“(a)
“(b)
Pub. L. 102–484, div. A, title X, §1091, Oct. 23, 1992, 106 Stat. 2519, as amended by Pub. L. 103–82, title I, §104(e)(1)(A), (C), Sept. 21, 1993, 107 Stat. 846; Pub. L. 103–160, div. A, title XI, §1174, Nov. 30, 1993, 107 Stat. 1767; Pub. L. 103–382, title III, §391(o), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 105–85, div. A, title X, §1073(d)(2)(B), Nov. 18, 1997, 111 Stat. 1905, provided that:
“(a)
“(b)
“(1) whether the life skills and employment potential of civilian youth who cease to attend secondary school before graduating can be significantly improved through military-based training, including supervised work experience in community service and conservation projects, provided by the National Guard; and
“(2) whether it is feasible and cost effective for the National Guard to provide military-based training to such youth for the purpose of achieving such improvements.
“(c)
“(d)
“(2) Each agreement under the pilot program shall provide for the Governor or, in the case of the District of Columbia, the commanding general to establish, organize, and administer a National Guard civilian youth opportunities program in the State.
“(3) The agreement may provide for the Secretary to provide funds to the State for civilian personnel costs attributable to the use of civilian employees of the National Guard in the conduct of the National Guard civilian youth opportunities program.
“(e)
“(2) The Secretary shall prescribe the standards and procedures for selecting participants for a National Guard civilian youth opportunities program from among school dropouts eligible to participate in the program.
“(f)
“(A) Allowances for travel expenses, personal expenses, and other expenses.
“(B) Quarters.
“(C) Subsistence.
“(D) Transportation.
“(E) Equipment.
“(F) Clothing.
“(G) Recreational services and supplies.
“(H) Other services.
“(I) Subject to paragraph (2), a temporary stipend upon the successful completion of the training, as characterized in accordance with procedures provided in the agreement.
“(2) In the case of a person selected for training in a National Guard civilian youth opportunities program conducted under the pilot program who afterwards becomes a member of the Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 [42 U.S.C. 12611 et seq.] (as added by section 1092(a)), the person may not receive a temporary stipend under paragraph (1)(I) while the person is a member of that Corps. The person may receive the temporary stipend after completing service in the Corps unless the person elects to receive benefits provided under subsection (f) or (g) of section 158 of such Act [42 U.S.C. 12618(f), (g)].
“(g)
“(2) For fiscal year 1993, personnel so serving may not be counted for the purposes of—
“(A) any provision of law limiting the number of personnel that may be serving on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components; or
“(B) section 524 [now 12011] of title 10, United States Code, relating to the number of reserve component officers who may be on active duty or full-time National Guard duty in certain grades.
“(3) A Governor participating in the pilot program and the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the pilot program) may procure by contract the temporary full time services of such civilian personnel as may be necessary to augment National Guard personnel in carrying out a National Guard civilian youth opportunities program under the pilot program.
“(4) Civilian employees of the National Guard performing services for such a program and contractor personnel performing such services may be required, when appropriate to achieve a program objective, to be members of the National Guard and to wear the military uniform.
“(h)
“(2) Activities under the pilot program shall be considered noncombat activities of the National Guard for purposes of section 710 of title 32, United States Code.
“(i)
“(A) Subchapter I of chapter 81 of title 5, United States Code (relating to compensation of Federal employees for work injuries).
“(B) Section 1346(b) and chapter 171 of title 28, United States Code, and any other provision of law relating to the liability of the United States for tortious conduct of employees of the United States.
“(2) In the application of the provisions of law referred to in paragraph (1)(A) to a person referred to in paragraph (1)—
“(A) the person shall not be considered to be in the performance of duty while the person is not at the assigned location of training or other activity or duty authorized in accordance with a program agreement referred to in subsection (d), except when the person is traveling to or from that location or is on pass from that training or other activity or duty;
“(B) the person's monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS–2 of the General Schedule under section 5332 of title 5, United States Code; and
“(C) the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the person's participation in the pilot program is terminated.
“(3) A person referred to in paragraph (1) may not be considered an employee of the United States for any purpose other than a purpose set forth in that paragraph.
“(j)
“(2) The provision of funds authorized to be appropriated for the pilot program shall not preclude a Governor participating in the pilot program, or the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the pilot program), from accepting, using, and disposing of gifts or donations of money, other property, or services for the pilot program.
“(k)
“(2) In preparing the report required by paragraph (1), the Secretary shall coordinate with the Governor of each State in which a National Guard civilian youth opportunities program is carried out under the pilot program and, if such a program is carried out in the District of Columbia, with the commanding general of the District of Columbia National Guard.
“(l)
“(1) The term ‘pilot program’ means the National Guard Civilian Youth Opportunities Program authorized to be conducted under subsection (a).
“(2) The term ‘State’ includes the Commonwealth of Puerto Rico, the territories (as defined in section 101(1) of title 32, United States Code), and the District of Columbia.
“(3) The term ‘school dropout’ has the meaning established for the term by the Secretary of Education pursuant to section 6201(a) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on October 19, 1994) (20 U.S.C. 3271(a)).
“(4) The term ‘full-time National Guard duty’ has the meaning given that term in section 101 of title 32, United States Code.
“(m)
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