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Title 32 — National Guard

Chapter 1 — Organization

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

Statutory text

(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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title III § 386(a) · 111 Stat. 1629

    Enacted · 32 U.S.C. § 113

    Added Pub. L. 105–85, div. A, title III, § 386(a), Nov. 18, 1997, 111 Stat. 1712

    Source evidence

    Code source credit
    Added Pub. L. 105–85, div. A, title III, § 386(a), Nov. 18, 1997, 111 Stat. 1712

    Enacted provision · exact public law section
    (a) Authority.— Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: “§ 113. Federal financial assistance for support of additional duties assigned to the Army National Guard “(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.— Activities supported under this section may include only those activities that are carried out by the Army National Guard in the performance of responsibilities of the Secretary of the Army under paragraphs (6), (10), and (11) of section 3013(b) of title 10. “(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.”.

  2. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title III § 375(a) · 112 Stat. 1920

    Amended · 32 U.S.C. § 113(b)

    Pub. L. 105–261 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Activities supported under this section may include only those activities that are carried out by the Army National Guard in the performance of responsibilities of the Secretary of the Army under paragraphs (6), (10), and (11) of section 3013(b) of title 10.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–261 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Activities supported under this section may include only those activities that are carried out by the Army National Guard in the performance of responsibilities of the Secretary of the Army under paragraphs (6), (10), and (11) of section 3013(b) of title 10.”

    Enacted provision · exact public law section
    (a) Competitive Source Selection.— Section 113(b) of title 32, United States Code, is amended to read as follows: “(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 3013(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. “(2) Paragraph (1)(B) does not apply to an activity that, on the date of the enactment of this subsection, was performed for the Federal Government by employees of the Federal Government or employees of a State.”.

  3. Pub. L. 106–65 div. A title X § 1066(d)(4) · 113 Stat. 512

    Substituted · 32 U.S.C. § 113(b)(2)

    Pub. L. 106–65 substituted “October 17, 1998” for “the date of the enactment of this subsection”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–65 substituted “October 17, 1998” for “the date of the enactment of this subsection”.

    Enacted provision · exact public law section
    (4) Section 113(b)(2) of title 32, United States Code, is amended by striking “the date of the enactment of this subsection” and inserting “October 17, 1998”.

  4. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title VIII § 806 · 118 Stat. 1811

    Inserted · 32 U.S.C. § 113(b)(1)(B)

    Pub. L. 108–375 inserted before period at end “, subject to the exceptions provided in section 2304(c) of title 10”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 108–375 inserted before period at end “, subject to the exceptions provided in section 2304(c) of title 10”.

    Enacted provision · exact public law section
    SEC. 806. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF NATIONAL GUARD FOR FINANCIAL ASSISTANCE FOR PERFORMANCE OF ADDITIONAL DUTIES.   Section 113(b)(1)(B) of title 32, United States Code, is amended by inserting before the period at the end the following: “, subject to the exceptions provided in section 2304(c) of title 10”.

  5. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(j) · 132 Stat. 1636

    Substituted · 32 U.S.C. § 113(b)(1)(A)

    Pub. L. 115–232 substituted “section 7013(b) of title 10” for “section 3013(b) of title 10”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 115–232 substituted “section 7013(b) of title 10” for “section 3013(b) of title 10”.

    Enacted provision · exact public law section
    (j) Title 32, United States Code.— Section 113(b)(1)(A) of title 32, United States Code, is amended by striking “section 3013(b) of title 10” and inserting “section 7013(b) of title 10”.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

  6. National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title XVII § 1702(f)(1) · 135 Stat. 1541

    Substituted · 32 U.S.C. § 113(b)(1)(B)

    Pub. L. 117–81 substituted “section 3204(a)” for “section 2304(c)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 117–81 substituted “section 3204(a)” for “section 2304(c)”.

    Enacted provision · exact public law section
    (1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking “section 2304(c)” and inserting “section 3204(a)”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1998–2021 · 5 rounds

2021

Subsec. (b)(1)(B). Pub. L. 117–81 substituted “section 3204(a)” for “section 2304(c)”.

2018

Subsec. (b)(1)(A). Pub. L. 115–232 substituted “section 7013(b) of title 10” for “section 3013(b) of title 10”.

2004

Subsec. (b)(1)(B). Pub. L. 108–375 inserted before period at end “, subject to the exceptions provided in section 2304(c) of title 10”.

1999

Subsec. (b)(2). Pub. L. 106–65 substituted “” for “the date of the enactment of this subsection”.

1998

Subsec. (b). Pub. L. 105–261 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Activities supported under this section may include only those activities that are carried out by the Army National Guard in the performance of responsibilities of the Secretary of the Army under paragraphs (6), (10), and (11) of section 3013(b) of title 10.”

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title III, § 375(b), , 112 Stat. 1993, provided that:

“Subsection (b)(1)(B) of section 113 of title 32, United States Code (as added by subsection (a) of this section), does not apply to—

“(1)

financial assistance provided under that section before ; or

“(2)

financial assistance for an activity that, before , the Secretary of the Army identified in writing as being under consideration for supporting with financial assistance under that section.”

Credits

1997–2021 · 6 acts
  1. 1997Added Pub. L. 105–85, div. A, title III, § 386(a), , 111 Stat. 1712
  2. 1998amended Pub. L. 105–261, div. A, title III, § 375(a), , 112 Stat. 1992
  3. 1999Pub. L. 106–65, div. A, title X, § 1066(d)(4), , 113 Stat. 773
  4. 2004Pub. L. 108–375, div. A, title VIII, § 806, , 118 Stat. 2010
  5. 2018Pub. L. 115–232, div. A, title VIII, § 809(j), , 132 Stat. 1843
  6. 2021Pub. L. 117–81, div. A, title XVII, § 1702(f)(1), , 135 Stat. 2157.
Show as published

(Added Pub. L. 105–85, div. A, title III, § 386(a), , 111 Stat. 1712; amended Pub. L. 105–261, div. A, title III, § 375(a), , 112 Stat. 1992; Pub. L. 106–65, div. A, title X, § 1066(d)(4), , 113 Stat. 773; Pub. L. 108–375, div. A, title VIII, § 806, , 118 Stat. 2010; Pub. L. 115–232, div. A, title VIII, § 809(j), , 132 Stat. 1843; Pub. L. 117–81, div. A, title XVII, § 1702(f)(1), , 135 Stat. 2157.)

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USLM identifier /us/usc/t32/s113