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32 U.S.C. § 113Federal financial assistance for support of additional duties assigned to the Army National Guard

submitted 29 years ago by Pub. L. 105-85 to r/title-32-NATIONAL-GUARD · 285 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Army can give states money to support extra duties assigned to their Army National Guard. This is generally only allowed for activities the Guard won through competitive bidding, with one grandfather exception. Funds are paid through the National Guard Bureau.

(a) Authority: The Secretary of the Army may give a state financial assistance to support activities its Army National Guard carries out under duties the Secretary has assigned to it, with the Chief of the National Guard Bureau's consent. The Secretary decides the amount that's appropriate. (b)(1) Except as in (2), this assistance is only allowed for an activity if (A) it is performed under one of three specific Secretary of the Army responsibilities listed in section 7013(b) of title 10; and (B) the Army National Guard was chosen to do it through a competitive process open to all qualified public and private sources, subject to certain exceptions. (2) The competitive-selection rule in (1)(B) doesn't apply to an activity that, as of October 17, 1998, was already being performed for the federal government by federal or state employees. (c) Disbursement through National Guard Bureau: The Secretary of the Army must pay any contribution under this section through the Chief of the National Guard Bureau. (d) Availability of funds: Money appropriated to the Army for a fiscal year is available to provide this financial assistance for activities carried out by the Army National Guard during that same fiscal year.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—

The Secretary of the Army may provide financial assistance to a State to support activities carried out by the Army National Guard of the State in the performance of duties that the Secretary has assigned, with the consent of the Chief of the National Guard Bureau, to the Army National Guard of the State. The Secretary shall determine the amount of the assistance that is appropriate for the purpose.

(b)Covered Activities.—
(1)

Except as provided in paragraph (2), financial assistance may be provided for the performance of an activity by the Army National Guard under subsection (a) only if—

(A)

the activity is carried out in the performance of a responsibility of the Secretary of the Army under paragraph (6), (10), or (11) of section 7013(b) of title 10; and

(B)

the Army National Guard was selected to perform the activity under competitive procedures that permit all qualified public-sector and private-sector sources to submit offers and be considered for selection to perform the activity on the basis of the offers, subject to the exceptions provided in section 3204(a) of title 10.

(2)

Paragraph (1)(B) does not apply to an activity that, on October 17, 1998, was performed for the Federal Government by employees of the Federal Government or employees of a State.

(c)Disbursement Through National Guard Bureau.—

The Secretary of the Army shall disburse any contribution under this section through the Chief of the National Guard Bureau.

(d)Availability of Funds.—

Funds appropriated for the Army for a fiscal year are available for providing financial assistance under this section in support of activities carried out by the Army National Guard during that fiscal year.

Source credit: (Added Pub. L. 105–85, div. A, title III, § 386(a), Nov. 18, 1997, 111 Stat. 1712; amended Pub. L. 105–261, div. A, title III, § 375(a), Oct. 17, 1998, 112 Stat. 1992; Pub. L. 106–65, div. A, title X, § 1066(d)(4), Oct. 5, 1999, 113 Stat. 773; Pub. L. 108–375, div. A, title VIII, § 806, Oct. 28, 2004, 118 Stat. 2010; Pub. L. 115–232, div. A, title VIII, § 809(j), Aug. 13, 2018, 132 Stat. 1843; Pub. L. 117–81, div. A, title XVII, § 1702(f)(1), Dec. 27, 2021, 135 Stat. 2157.)

history & why it existsrecord from the source credit
  • 1997Enacted · Pub. L. 105-85 · 111 Stat. 1712
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 1992
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 773
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 2010
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1843
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2157

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-85 on 1997-11-18.

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