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§ 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.''



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