§ 107. — Availability of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC107]
TITLE 32--NATIONAL GUARD
CHAPTER 1--ORGANIZATION
Sec. 107. Availability of appropriations
(a) Under such regulations as the Secretary concerned may prescribe,
appropriations for the National Guard are available for--
(1) the necessary expenses of members of a regular or reserve
component of the Army or the Air Force traveling on duty in
connection with the National Guard;
(2) the necessary expenses of officers of the Regular Army or
the Regular Air Force on duty in the National Guard Bureau or with
the Army General Staff or the Air Staff, traveling to and from
annual conventions of the National Guard Association of the United
States or the Adjutants General Association;
(3) the transportation of supplies furnished to the National
Guard as permanent equipment;
(4) the office rent and necessary office expenses of officers of
a regular or reserve component of the Army or the Air Force on duty
with the National Guard;
(5) the expenses of the National Guard Bureau, including
clerical services;
(6) the promotion of rifle practice, including the acquisition,
construction, maintenance, and equipment of shooting galleries and
suitable target ranges;
(7) such incidental expenses of authorized encampments,
maneuvers, and field instruction as the Secretary considers
necessary; and
(8) other expenses of the National Guard authorized by law.
(b) The expenses of enlisted members of the Regular Army or the
Regular Air Force on duty with the National Guard shall be paid from
appropriations for the Army National Guard or the Air National Guard, as
the case may be, but not from the allotment of a State or Territory,
Puerto Rico, or the District of Columbia. Payable expenses include
allowances for subsistence and housing under sections 402 and 403 of
title 37 and expenses for medicine and medical attendance.
(c) The pay and allowances for the Chief of the National Guard
Bureau and officers of the Army National Guard of the United States or
the Air National Guard of the United States called to active duty under
section 12402 of title 10 shall be paid from appropriations for the pay
of the Army National Guard or Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 599; Pub. L. 90-83, Sec. 4, Sept.
11, 1967, 81 Stat. 220; Pub. L. 92-119, Sec. 1(a), Aug. 13, 1971, 85
Stat. 340; Pub. L. 97-258, Sec. 2(h), Sept. 13, 1982, 96 Stat. 1061;
Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102
Stat. 2059; Pub. L. 103-337, div. A, title XVI, Sec. 1676(a)(1), Oct. 5,
1994, 108 Stat. 3019; (As amended Pub. L. 105-85, div. A, title VI,
Sec. 603(d)(4), Nov. 18, 1997, 111 Stat. 1783.)
Historical and Revision Notes
1956 Act
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
107(a)................................ 32:22 (less proviso). June 3, 1916, ch. 134, Sec. 67 (2d
107(b)................................ 32:22 (proviso, less words between par.), 39 Stat. 199; Sept. 22,
5th and 7th semicolons). 1922, ch. 423, Sec. 3, 42 Stat.
32:22 (words between 5th and 7th 1034; Apr. 6, 1928, ch. 321, 45
107(c)................................ semicolons of proviso). Stat. 406.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the words ``strengths in enlisted members of the
active'' are substituted for the words ``number of enlisted men in
active service''. The words between the eighth and ninth semicolons of
32:22, relating to horses and draft animals, are omitted as obsolete,
since no animals are now authorized for the National Guard. The words
``under section 106 of this title'' are inserted, since only
appropriations under that revised section are required to be
apportioned.
In subsection (b)(1) and (2), the words ``actual and'' are omitted
as surplusage.
In subsection (b)(2), the words ``Reserve Officers holding
commission in the National Guard'' are omitted as covered by the words
``officers of a * * * reserve component of the Army or the Air Force''.
The words ``Army General Staff'' are substituted for the words ``War
Department General Staff'' to conform to section 3031(b) of title 10.
In subsection (c), the words ``under sections 251 and 252 of title
37'' are substituted for the words ``provided in section 19 of title
37'', since allowances for subsistence and quarters are now covered by
those sections. The words ``shall be paid from appropriations for the
National Guard, but not from the allotment of a State or Territory,
Puerto Rico, the Canal Zone, or the District of Columbia'' are
substituted for the words ``shall constitute a charge against the whole
sum annually appropriated for the support of the National Guard, and
shall be paid therefrom and not from the allotment duly apportioned for
any particular State, Territory, or the District of Columbia''.
1982 Act
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
32:107(c)............................. 31:698. Aug. 10, 1956, ch. 1041, Sec. 30,
70A Stat. 632.
----------------------------------------------------------------------------------------------------------------
The work ``appropriations'' is substituted for ``funds
appropriated'' for consistency in the title.
Amendments
1997--Subsec. (b). Pub. L. 105-85 substituted ``and housing'' for
``and quarters''.
1994--Subsec. (c). Pub. L. 103-337 substituted ``12402'' for ``3496
or 8496''.
1988--Subsec. (b). Pub. L. 100-456 struck out ``the Canal Zone,''
after ``Puerto Rico,''.
1982--Subsec. (c). Pub. L. 97-258 added subsec. (c).
1971--Pub. L. 92-119, Sec. 1(a)(1), substituted ``Availability'' for
``Apportionment'' in section catchline.
Subsec. (a). Pub. L. 92-119, Sec. 1(a)(2), (3), (4), redesignated
subsec. (b) as (a) and substituted ``appropriation for the National
Guard'' for ``apportioned appropriation''. Former subsec. (a), which
provided for apportionment of appropriations for Army National Guard and
Air National Guard under prescribed formulas among States, territories,
Puerto Rico, Canal Zone, District of Columbia, was struck out.
Subsecs. (b), (c). Pub. L. 92-119, Sec. 1(a)(4), redesignated
subsec. (c) as (b). Former subsec. (b) redesignated (a) and amended.
1967--Subsec. (c). Pub. L. 90-83 substituted ``402 and 403'' for
``251 and 252''.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section
603(e) of Pub. L. 105-85, set out as a note under section 5561 of Title
5, Government Organization and Employees.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an
Effective Date note under section 10001 of Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in title 10 section 18502.
