Notes on 32 U.S.C. § 501 : US Code - Notes

Search Notes on 32 U.S.C. § 501 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100-456, div. A,
title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L.
109-163, div. A, title X, Sec. 1057(b)(7), Jan. 6, 2006, 119 Stat.
3442.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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501(a) 32:61 (1st 24 words). June 3, 1916, ch. 134,
Sec. 91, 39 Stat. 206.
501(b)
32:61 (less 1st 24 words).
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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".
AMENDMENTS
2006 - 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 COMMUNITIES
Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 390], Oct. 30,
2000, 114 Stat. 1654, 1654A-90, provided that:
"(a) Authorization and Purpose of Project. - The Secretary of the
Army, acting through the Chief of the National Guard Bureau, may
carry out a demonstration project in rural communities that are
unserved or underserved by the telecommunications medium known as
the Internet to provide or increase Internet access and services to
units and members of the National Guard and other reserve
components located in these communities.
"(b) Project Elements. - In carrying out the demonstration
project, the Secretary may -
"(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) Report. - Not later than February 1, 2005, the Secretary
shall submit to Congress a report on the demonstration project. The
report shall describe the activities conducted under the
demonstration project and include any recommendations for the
improvement or expansion of the demonstration project that the
Secretary considers appropriate."
PILOT PROGRAM TO USE NATIONAL GUARD PERSONNEL IN MEDICALLY
UNDERSERVED COMMUNITIES
Pub. L. 102-484, div. A, title III, Sec. 376, Oct. 23, 1992, 106
Stat. 2385, as amended by Pub. L. 103-160, div. A, title III, Sec.
365, Nov. 30, 1993, 107 Stat. 1629; Pub. L. 103-337, div. A, title
III, Sec. 384, Oct. 5, 1994, 108 Stat. 2741, provided that:
"(a) Pilot Program. - The Chief of the National Guard Bureau
shall enter into an agreement, approved by the Secretary of
Defense, with each of the Governors of one or more States to carry
out a pilot program during fiscal years 1993, 1994, and 1995 to
provide training and professional development opportunities for
members of the National Guard through the provision of health care
to residents of medically underserved communities in those States
with the use of personnel and equipment of the National Guard.
"(b) Funding Assistance. - Amounts made available from Department
of Defense accounts for operation and maintenance and for pay and
allowances to carry out the pilot program shall be apportioned by
the Chief of the National Guard Bureau among those States with
which the Chief has entered into approved agreements. In addition
to such amounts, the Chief of the National Guard Bureau may
authorize any such State, in order to carry out the pilot program
during a fiscal year, to use funds received as part of the
operation and maintenance allotments and the pay and allowances
allotments for the National Guard of the State for that fiscal
year.
"(c) Supplies and Equipment. - (1) Funds made available from
Department of Defense operation and maintenance accounts to carry
out the pilot program may be used for the purchase of supplies and
equipment necessary for the provision of health care under the
pilot program.
"(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) Maintenance of Effort. - The Chief of the National Guard
Bureau shall ensure that each agreement under subsection (a)
provides that the provision of services under the pilot program
will supplement and increase the level of services that would be
provided with non-Federal funds in the absence of such services,
and will in no event supplant services provided with non-Federal
funds.
"(e) Coordination Among Programs. - In carrying out the pilot
program under subsection (a), the Chief of the National Guard
Bureau shall consult with the Secretary of Health and Human
Services for the purpose of ensuring that the provision of services
under the pilot program are not redundant with the services of
programs of such Secretary.
"(f) Service of Participants. - Service in the pilot program by a
member of the National Guard shall be considered training in the
member's Federal status as a member of the National Guard of a
State under section 270 [see 10147] of title 10, United States
Code, and section 502 of title 32, United States Code.
"(g) Report. - The Secretary of Defense shall, not later than
January 1, 1995, submit to the Congress a report on the
effectiveness of the pilot program and any recommendations with
respect to the pilot program.
"(h) Definitions. - In this section:
"(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 PROGRAM
Pub. L. 104-106, div. A, title V, Sec. 573, Feb. 10, 1996, 110
Stat. 355, provided that:
"(a) Termination. - The authority under subsection (a) of section
1091 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 32 U.S.C. 501 note) to carry out a pilot
program under that section is hereby continued through the end of
the 18-month period beginning on the date of the enactment of this
Act [Feb. 10, 1996] and such authority shall terminate as of the
end of that period.
"(b) Limitation on Number of Programs. - During the period
beginning on the date of the enactment of this Act and ending on
the termination of the pilot program under subsection (a), the
number of programs carried out under subsection (d) of that section
as part of the pilot program may not exceed the number of such
programs as of September 30, 1995."
Pub. L. 102-484, div. A, title X, Sec. 1091, Oct. 23, 1992, 106
Stat. 2519, as amended by Pub. L. 103-82, title I, Sec.
104(e)(1)(A), (C), Sept. 21, 1993, 107 Stat. 846; Pub. L. 103-160,
div. A, title XI, Sec. 1174, Nov. 30, 1993, 107 Stat. 1767; Pub. L.
103-382, title III, Sec. 391(o), Oct. 20, 1994, 108 Stat. 4024;
Pub. L. 105-85, div. A, title X, Sec. 1073(d)(2)(B), Nov. 18, 1997,
111 Stat. 1905, provided that:
"(a) Program Authority. - During fiscal years 1993 through 1995,
the Secretary of Defense, acting through the Chief of the National
Guard Bureau, may conduct a pilot program to be known as the
'National Guard Civilian Youth Opportunities Program'.
"(b) Purpose. - The purpose of the pilot program is to provide a
basis for determining -
"(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) Conduct of the Program. - The Secretary of Defense may
provide for the conduct of the pilot program in such States as the
Secretary considers to be appropriate.
"(d) Program Agreements. - (1) To carry out the pilot program in
a State, the Secretary of Defense shall enter into an agreement
with the Governor of the State or, in the case of the District of
Columbia, with the commanding general of the District of Columbia
National Guard.
"(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) Persons Eligible to Participate in Program. - (1) A school
dropout from secondary school shall be eligible to participate in a
National Guard civilian youth opportunities program conducted under
the pilot program.
"(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) Authorized Benefits for Participants. - (1) To the extent
provided in an agreement entered into in accordance with subsection
(d) and subject to the approval of the Secretary, a person selected
for training in a National Guard civilian youth opportunities
program conducted under the pilot program may receive the following
benefits in connection with that training:
"(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) Program Personnel. - (1) Personnel of the National Guard of
a State in which a National Guard civilian youth opportunities
program is conducted under the pilot program may serve on full-time
National Guard duty for the purpose of providing command,
administrative, training, or supporting services for that program.
For the performance of those services, any such personnel may be
ordered to duty under section 502(f) of title 32, United States
Code, for not longer than the period of the program.
"(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) Equipment and Facilities. - (1) Equipment and facilities of
the National Guard, including military property of the United
States issued to the National Guard, may be used in carrying out
the pilot program.
"(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) Status of Participants. - (1) A person receiving training
under the pilot program shall be considered an employee of the
United States for the purposes of the following provisions of law:
"(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) Supplemental Resources. - (1) To carry out a National Guard
civilian youth opportunities program conducted under the pilot
program, the Governor of a State or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard may supplement any funding made available pursuant
to subsection (m) out of other resources (including gifts)
available to the Governor or the commanding general.
"(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) Report. - (1) Within 90 days after the end of the one-year
period beginning on the first day of the pilot program, the
Secretary shall submit to the congressional defense committees a
report on the design, conduct, and effectiveness of the pilot
program during that one-year period. The report shall include an
assessment of the matters set forth in paragraphs (1) and (2) of
subsection (b).
"(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) Definitions. - In this section:
"(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) Funding. - Of the amounts appropriated for the Department of
Defense for operation and maintenance in fiscal year 1993 pursuant
to the authorization of appropriations in section 301 [106 Stat.
2360], $50,000,000 shall be available to carry out the pilot
program for fiscal year 1993."