§ 113. — Federal financial assistance for support of additional duties assigned to the Army National Guard.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC113]
TITLE 32--NATIONAL GUARD
CHAPTER 1--ORGANIZATION
Sec. 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.--(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 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.
(Added Pub. L. 105-85, div. A, title III, Sec. 386(a), Nov. 18, 1997,
111 Stat. 1712; amended Pub. L. 105-261, div. A, title III, Sec. 375(a),
Oct. 17, 1998, 112 Stat. 1992; Pub. L. 106-65, div. A, title X,
Sec. 1066(d)(4), Oct. 5, 1999, 113 Stat. 773.)
Amendments
1999--Subsec. (b)(2). Pub. L. 106-65 substituted ``October 17,
1998'' 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.''
Effective Date of 1998 Amendment
Pub. L. 105-261, div. A, title III, Sec. 375(b), Oct. 17, 1998, 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
October 1, 1998; or
``(2) financial assistance for an activity that, before May 9,
1998, the Secretary of the Army identified in writing as being under
consideration for supporting with financial assistance under that
section.''
