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

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 57 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President sets a deadline for states to follow this title's rules. If a state misses it, its National Guard can lose federal money, aid, or other benefits. The President decides how much is withheld.

This section lets the President punish a state's National Guard for not following the rules in this title. The President sets a deadline. If a state fails to comply with a requirement of this title, or with a regulation made under this title, by that deadline, the President can bar the state's National Guard from getting federal money, aid, benefits, or privileges that the law would otherwise give it. The President has discretion here in two ways. First, the President decides how much to withhold — the statute says the National Guard can lose benefits "in whole or in part," so the President can cut off everything or just some of it. Second, the President sets the compliance deadline in the first place. This gives the federal government a tool to make sure states follow the requirements attached to National Guard funding and regulation, by threatening to cut off benefits if they don't.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 103–337, div. A, title IX, § 904(c), Oct. 5, 1994, 108 Stat. 2827.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2827

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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