32 U.S.C. § 502 — Required drills and field exercises

Page 32 TITLE 32—NATIONAL GUARD § 502 Pub. L. 115–91, div. A, title III, § 351, Dec. 12, 2017, 131 Stat. 1367, as amended by Pub. L. 117–263, div. A, title III, § 385, Dec. 23, 2022, 136 Stat. 2544, provided that: ‘‘The Secretary of the Army and the Secretary of the Air Force, in consultation with the Chief of the Na- tional Guard Bureau, may provide support for the training of appropriate personnel of the National Guard on wildfire prevention and response. In carrying out this section, the Secretaries— ‘‘(1) shall give a preference to personnel assigned to military installations with the highest wildfire sup- pression needs, as determined by the Secretaries; and ‘‘(2) may consult with the Executive Board of the National Interagency Fire Center.’’ DEMONSTRATION PROJECT TO INCREASE RESERVE COM- PONENT INTERNET ACCESS AND SERVICES IN RURAL COMMUNITIES Pub. L. 106–398, § 1 [[div. A], title III, § 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 demonstra- tion 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 Na- tional Guard and other reserve components located in these communities. ‘‘(b) PROJECT ELEMENTS.—In carrying out the dem- onstration project, the Secretary may— ‘‘(1) establish and operate distance learning class- rooms in communities described in subsection (a), in- cluding any support systems required for such class- rooms; and ‘‘(2) provide Internet access and services in such classrooms through GuardNet, the telecommuni- cations 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 Sec- retary considers appropriate.’’ PILOT PROGRAM TO USE NATIONAL GUARD PERSONNEL IN MEDICALLY UNDERSERVED COMMUNITIES 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, pro- vided 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 dur- ing fiscal years 1993, 1994, and 1995 to provide training and professional development opportunities for mem- bers of the National Guard through the provision of health care to residents of medically underserved com- munities 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 mainte- nance allotments and the pay and allowances allot- ments for the National Guard of the State for that fis- cal year. ‘‘(c) SUPPLIES AND EQUIPMENT.—(1) Funds made avail- able from Department of Defense operation and main- tenance accounts to carry out the pilot program may be used for the purchase of supplies and equipment nec- essary 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 agen- cy, or an individual may be used to carry out the pilot program. ‘‘(d) MAINTENANCE OF EFFORT.—The Chief of the Na- tional Guard Bureau shall ensure that each agreement under subsection (a) provides that the provision of serv- ices under the pilot program will supplement and in- crease 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 Sec- retary 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 pro- grams 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 sec- tion 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 re- port 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 Dis- trict of Columbia, means the commanding general of the District of Columbia National Guard. ‘‘(3) The term ‘State’ includes the District of Co- lumbia, 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, § 573, Feb. 10, 1996, 110 Stat. 355, continued the authority to carry out the pilot program under section 1091 of Pub. L. 102–484 for 18 months beyond Feb. 10, 1996, and limited the number of programs authorized to be carried out. 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, authorized a pilot program known as the National Guard Civilian Youth Opportu- nities Program during fiscal years 1993 through 1995 to provide help to selected secondary school dropouts through military-based training. See section 509 of this title. § 502. Required drills and field exercises (a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the Na- tional Guard, unless excused by the Secretary concerned, shall— (1) assemble for drill and instruction, includ- ing indoor target practice, at least 48 times each year; and Page 33 TITLE 32—NATIONAL GUARD § 502 (2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year. However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls dur- ing the last one hundred and twenty days of his required membership in the National Guard. (b) An assembly for drill and instruction may consist of a single ordered formation of a com- pany, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those or- ganizations. However, to have a series of forma- tions credited as an assembly for drill and in- struction, all parts of the unit must be included in the series within 90 consecutive days. (c) The total attendance at the series of for- mations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the re- quired period. (d) No organization may receive credit for an assembly for drill or indoor target practice un- less— (1) the number of members present equals or exceeds the minimum number prescribed by the President; (2) the period of military duty or instruction for which a member is credited is at least one and one-half hours; and (3) the training is of the type prescribed by the Secretary concerned. (e) An appropriately rated member of the Na- tional Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a reg- ularly scheduled drill. (f)(1)Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the Na- tional Guard may— (A) without his consent, but with the pay and allowances provided by law; or (B) with his consent, either with or without pay and allowances; be ordered to perform training or other duty in addition to that prescribed under subsection (a). (2) The training or duty ordered to be per- formed under paragraph (1) may include the fol- lowing: (A) Support of operations or missions under- taken by the member’s unit at the request of the President or Secretary of Defense. (B) Support of training operations and train- ing missions assigned in whole or in part to the National Guard by the Secretary con- cerned, but only to the extent that such train- ing missions and training operations— (i) are performed in the United States or the Commonwealth of Puerto Rico or posses- sions of the United States; and (ii) are only to instruct active duty mili- tary, foreign military (under the same au- thorities and restrictions applicable to ac- tive duty troops), Department of Defense contractor personnel, or Department of De- fense civilian employees. (3) Duty without pay shall be considered for all purposes as if it were duty with pay. (Aug. 10, 1956, ch. 1041, 70A Stat. 610; Pub. L. 88–621, § 1(1), Oct. 3, 1964, 78 Stat. 999; Pub. L. 90–168, § 4, Dec. 1, 1967, 81 Stat. 526; Pub. L. 92–156, title III, § 303(b), Nov. 17, 1971, 85 Stat. 425; Pub. L. 103–160, div. A, title V, § 524(b), Nov. 30, 1993, 107 Stat. 1657; Pub. L. 109–364, div. A, title V, § 525(c), Oct. 17, 2006, 120 Stat. 2195.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 502(a) ...... 502(b) ...... 502(c) ...... 502(d) ...... 32:62 (1st sentence, less proviso). 32:62 (proviso of 1st sen- tence). 32:62 (last sentence, less 1st, 2d, and 3d pro- visos). 32:62 (1st proviso of last sentence). June 3, 1916, ch. 134, § 92; restated June 3, 1924, ch. 244, § 2; restated Oct. 14, 1940, ch. 875, § 2, 54 Stat. 1135; Mar. 25, 1948, ch. 157, § 5(a), 62 Stat. 90. 502(e) ...... 32:62 (2d and 3d provisos of last sentence). In subsection (a), the words ‘‘including target prac- tice’’ and ‘‘such company, troop, battery, or detach- ment shall have been * * * from participation in any part thereof’’ are omitted as surplusage. In subsections (a) and (b), the word ‘‘troop’’ is omit- ted as obsolete. In subsection (b), the words ‘‘parts of those organiza- tions’’ are substituted for the words ‘‘subdivisions or parts thereof’’. The words ‘‘but in the latter case’’, ‘‘of subdivisions or groups’’, ‘‘comprehend’’, and ‘‘the time limit of’’ are omitted as surplusage. In subsection (c), the word ‘‘member’’ is substituted for the words ‘‘officer, warrant officer, or enlisted man’’. The words ‘‘series of formations’’ are substituted for the words ‘‘separate consecutive formations an- nounced’’. The words ‘‘regardless of the number of for- mations that he attends during the series’’ are sub- stituted for the words ‘‘even though he may have at- tended more than one of the formations’’. The words ‘‘sum’’, ‘‘actual military’’, and ‘‘of time’’ are omitted as surplusage. 32:62 (4th proviso of last sentence) is omitted as superseded by section 683 of title 10. 32:62 (last proviso of last sentence) is omitted as superseded by section 501(b) of the Career Compensation Act of 1949, 63 Stat. 826 (37 U.S.C. 301(b)). In subsection (d), the word ‘‘members’’ is substituted for the words ‘‘officers and enlisted men’’. The words ‘‘for which a member is credited’’ are substituted for the words ‘‘participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present’’. The words ‘‘for duty at such as- sembly’’, ‘‘actual’’, and ‘‘character of’’ are omitted as surplusage. In subsection (e), the word ‘‘member’’ is substituted for the words ‘‘officer or enlisted man’’. The words ‘‘Air Corps * * * assigned to an Air Corps unit thereof, or * * * an officer or enlisted man of the Medical Depart- ment of the said National Guard regularly attached to an Air Corps unit of the National Guard by appropriate authority’’ are omitted, since the revised subsection applies only to members who perform flights under competent orders and who are thereby prevented from attending a regular drill. Editorial Notes AMENDMENTS 2006—Subsec. (f). Pub. L. 109–364 designated existing provisions as par. (1), redesignated former pars. (1) and Page 34 TITLE 32—NATIONAL GUARD § 503 (2) as subpars. (A) and (B), respectively, of par. (1), struck out ‘‘Duty without pay shall be considered for all purposes as if it were duty with pay.’’ at end, and added pars. (2) and (3). 1993—Subsec. (b). Pub. L. 103–160 substituted ‘‘90 con- secutive days’’ for ‘‘30 consecutive days’’ in second sen- tence. 1971—Subsec. (a). Pub. L. 92–156 inserted exception to training requirements where member served on active duty for one year or more if the training period falls during last one hundred and twenty days of required membership in National Guard. 1967—Subsec. (b). Pub. L. 90–168 substituted 30 con- secutive days for seven consecutive days of the same calendar month as the time within which all parts of the unit must be included in a series of formations in order to be credited as an assembly for drill and in- struction. 1964—Subsec. (f). Pub. L. 88–621 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–168 effective first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see sec- tion 7 of Pub. L. 90–168, set out as a note under section 138 of Title 10, Armed Forces. Executive Documents MEMORANDUM TO EXTEND FEDERAL SUPPORT TO GOV- ERNORS’ USE OF THE NATIONAL GUARD TO RESPOND TO COVID–19 AND TO INCREASE REIMBURSEMENT AND OTHER ASSISTANCE PROVIDED TO STATES Memorandum of President of the United States, Jan. 21, 2021, 86 F.R. 7481, provided: Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’), and section 502 of title 32, United States Code, I hereby order as follows: SECTION 1. Policy. Consistent with the nationwide emergency declaration concerning the coronavirus dis- ease 2019 (COVID–19) pandemic on March 13, 2020, it is the policy of my Administration to combat and respond to COVID–19 with the full capacity and capability of the Federal Government to protect and support our families, schools, and businesses, and to assist State, local, Tribal, and territorial governments to do the same, to the extent authorized by law. SEC. 2. Support of Operations or Missions to Prevent and Respond to the Spread of COVID–19. (a) The Secretary of Defense shall, to the maximum extent feasible and con- sistent with mission requirements (including geo- graphic proximity), request pursuant to 32 U.S.C. 502(f) that all State and territorial governors order National Guard forces to perform duty to fulfill mission assign- ments, on a fully reimbursable basis, that the Federal Emergency Management Agency (FEMA) issues to the Department of Defense for the purpose of supporting State, local, Tribal, and territorial emergency assist- ance efforts under the Stafford Act. (b) FEMA shall fund 100 percent of the cost of activi- ties associated with all mission assignments for the use of the National Guard under 32 U.S.C. 502(f) to respond to COVID–19, as authorized by sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act. (c) This section supersedes prior Presidential Memo- randa requesting the use of the National Guard to re- spond to the COVID–19 emergency to the extent they are inconsistent with this memorandum. SEC. 3. Assistance for Category B Emergency Protective Measures. (a) In accordance with sections 403 (42 U.S.C. 5170b) and 502 (42 U.S.C. 5192) of the Stafford Act, FEMA shall, as appropriate and consistent with applicable law, make available under Category B of the Public As- sistance program such assistance as may be required by States (including territories and the District of Colum- bia), local governments, and Tribal governments to provide for the safe opening and operation of eligible schools, child-care facilities, healthcare facilities, non- congregate shelters, domestic violence shelters, transit systems, and other eligible applicants. Such assistance may include funding for the provision of personal pro- tective equipment and disinfecting services and sup- plies. (b) FEMA shall make assistance under this section available at a 100 percent Federal cost share until Sep- tember 30, 2021. SEC. 4. Advanced Reimbursement. To make reimburse- ments for approved work under the Stafford Act to re- spond to COVID–19 available more quickly, FEMA shall expedite reimbursement for eligible emergency work projects and, as appropriate and consistent with appli- cable law, provide an advance of the Federal share on a percentage of the expected reimbursement from FEMA-approved projects. SEC. 5. One-Hundred Percent Cost Share Termination. The 100 percent Federal cost share for use of National Guard forces authorized by section 2(b) of this memo- randum shall extend to, and shall be available for, or- ders of any length authorizing duty through September 30, 2021. SEC. 6. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Defense is authorized and di- rected to publish this memorandum in the Federal Reg- ister. J.R. BIDEN, JR. § 503. Participation in field exercises (a)(1) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force, as the case may be, may provide for the participation of the Na- tional Guard in encampments, maneuvers, out- door target practice, or other exercises for field or coast-defense instruction, independently of or in conjunction with the Army or the Air Force, or both. (2) Paragraph (1) includes authority to provide for participation of the National Guard in con- junction with the Army or the Air Force, or both, in joint exercises for instruction to pre- pare the National Guard for response to civil emergencies and disasters. (b) Amounts necessary for the pay, subsist- ence, transportation, and other proper expenses of any part of the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands partici- pating in an exercise under subsection (a) may be set aside from funds allocated to it from ap- propriations for field or coast-defense instruc- tion.