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§ 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.



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