§ 501. — Training generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC501]
TITLE 32--NATIONAL GUARD
CHAPTER 5--TRAINING
Sec. 501. Training generally
(a) The discipline, including training, of the Army National Guard
shall conform to that of the Army. The discipline, including training,
of the Air National Guard shall conform to that of the Air Force.
(b) The training of the National Guard shall be conducted by the
several States and Territories, Puerto Rico, and the District of
Columbia in conformity with this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L. 100-456, div. A, title
XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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501(a)................................ 32:61 (1st 24 words). June 3, 1916, ch. 134, Sec. 91, 39
501(b)................................ 32:61 (less 1st 24 words). Stat. 206.
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In subsection (a), the words ``that of'' are substituted for the
words ``the system which is or may be prescribed for''. The word
``Army'' is substituted for the words ``Regular Army'', since the Army
is the category for which the discipline and training is prescribed and
the Regular Army is a personnel category for which no discipline and
training is prescribed. Similarly, the words ``Air Force'' are used
instead of the words ``Regular Air Force''.
Amendments
1988--Subsec. (b). Pub. L. 100-456 struck out ``the Canal Zone,''
after ``Puerto Rico,''.
Demonstration Project To Increase Reserve Component Internet Access and
Services in Rural Communities
Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 390], Oct. 30,
2000, 114 Stat. 1654, 1654A-90, provided that:
``(a) Authorization and Purpose of Project.--The Secretary of the
Army, acting through the Chief of the National Guard Bureau, may carry
out a demonstration project in rural communities that are unserved or
underserved by the telecommunications medium known as the Internet to
provide or increase Internet access and services to units and members of
the National Guard and other reserve components located in these
communities.
``(b) Project Elements.--In carrying out the demonstration project,
the Secretary may--
``(1) establish and operate distance learning classrooms in
communities described in subsection (a), including any support
systems required for such classrooms; and
``(2) provide Internet access and services in such classrooms
through GuardNet, the telecommunications infrastructure of the
National Guard.
``(c) Report.--Not later than February 1, 2005, the Secretary shall
submit to Congress a report on the demonstration project. The report
shall describe the activities conducted under the demonstration project
and include any recommendations for the improvement or expansion of the
demonstration project that the Secretary considers appropriate.''
Pilot Program To Use National Guard Personnel in Medically Underserved
Communities
Pub. L. 102-484, div. A, title III, Sec. 376, Oct. 23, 1992, 106
Stat. 2385, as amended by Pub. L. 103-160, div. A, title III, Sec. 365,
Nov. 30, 1993, 107 Stat. 1629; Pub. L. 103-337, div. A, title III,
Sec. 384, Oct. 5, 1994, 108 Stat. 2741, provided that:
``(a) Pilot Program.--The Chief of the National Guard Bureau shall
enter into an agreement, approved by the Secretary of Defense, with each
of the Governors of one or more States to carry out a pilot program
during fiscal years 1993, 1994, and 1995 to provide training and
professional development opportunities for members of the National Guard
through the provision of health care to residents of medically
underserved communities in those States with the use of personnel and
equipment of the National Guard.
``(b) Funding Assistance.--Amounts made available from Department of
Defense accounts for operation and maintenance and for pay and
allowances to carry out the pilot program shall be apportioned by the
Chief of the National Guard Bureau among those States with which the
Chief has entered into approved agreements. In addition to such amounts,
the Chief of the National Guard Bureau may authorize any such State, in
order to carry out the pilot program during a fiscal year, to use funds
received as part of the operation and maintenance allotments and the pay
and allowances allotments for the National Guard of the State for that
fiscal year.
``(c) Supplies and Equipment.--(1) Funds made available from
Department of Defense operation and maintenance accounts to carry out
the pilot program may be used for the purchase of supplies and equipment
necessary for the provision of health care under the pilot program.
``(2) In addition to supplies and equipment provided through the use
of funds under paragraph (1), supplies and equipment described in such
paragraph that are furnished by a State, a Federal agency, a private
agency, or an individual may be used to carry out the pilot program.
``(d) Maintenance of Effort.--The Chief of the National Guard Bureau
shall ensure that each agreement under subsection (a) provides that the
provision of services under the pilot program will supplement and
increase the level of services that would be provided with non-Federal
funds in the absence of such services, and will in no event supplant
services provided with non-Federal funds.
``(e) Coordination Among Programs.--In carrying out the pilot
program under subsection (a), the Chief of the National Guard Bureau
shall consult with the Secretary of Health and Human Services for the
purpose of ensuring that the provision of services under the pilot
program are not redundant with the services of programs of such
Secretary.
``(f) Service of Participants.--Service in the pilot program by a
member of the National Guard shall be considered training in the
member's Federal status as a member of the National Guard of a State
under section 270 [see 10147] of title 10, United States Code, and
section 502 of title 32, United States Code.
``(g) Report.--The Secretary of Defense shall, not later than
January 1, 1995, submit to the Congress a report on the effectiveness of
the pilot program and any recommendations with respect to the pilot
program.
``(h) Definitions.--In this section:
``(1) The term `health care' includes the following services:
``(A) Medical care services.
``(B) Dental care services.
``(C) Transportation, by air ambulance or other means, for
medical reasons.
``(2) The term `Governor', with respect to the District of
Columbia, means the commanding general of the District of Columbia
National Guard.
``(3) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''
National Guard Civilian Youth Opportunities Pilot Program
Pub. L. 104-106, div. A, title V, Sec. 573, Feb. 10, 1996, 110 Stat.
355, provided that:
``(a) Termination.--The authority under subsection (a) of section
1091 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 32 U.S.C. 501 note) to carry out a pilot program
under that section is hereby continued through the end of the 18-month
period beginning on the date of the enactment of this Act [Feb. 10,
1996] and such authority shall terminate as of the end of that period.
``(b) Limitation on Number of Programs.--During the period beginning
on the date of the enactment of this Act and ending on the termination
of the pilot program under subsection (a), the number of programs
carried out under subsection (d) of that section as part of the pilot
program may not exceed the number of such programs as of September 30,
1995.''
Pub. L. 102-484, div. A, title X, Sec. 1091, Oct. 23, 1992, 106
Stat. 2519, as amended by Pub. L. 103-82, title I, Sec. 104(e)(1)(A),
(C), Sept. 21, 1993, 107 Stat. 846; Pub. L. 103-160, div. A, title XI,
Sec. 1174, Nov. 30, 1993, 107 Stat. 1767; Pub. L. 103-382, title III,
Sec. 391(o), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 105-85, div. A,
title X, Sec. 1073(d)(2)(B), Nov. 18, 1997, 111 Stat. 1905, provided
that:
``(a) Program Authority.--During fiscal years 1993 through 1995, the
Secretary of Defense, acting through the Chief of the National Guard
Bureau, may conduct a pilot program to be known as the `National Guard
Civilian Youth Opportunities Program'.
``(b) Purpose.--The purpose of the pilot program is to provide a
basis for determining--
``(1) whether the life skills and employment potential of
civilian youth who cease to attend secondary school before
graduating can be significantly improved through military-based
training, including supervised work experience in community service
and conservation projects, provided by the National Guard; and
``(2) whether it is feasible and cost effective for the National
Guard to provide military-based training to such youth for the
purpose of achieving such improvements.
``(c) Conduct of the Program.--The Secretary of Defense may provide
for the conduct of the pilot program in such States as the Secretary
considers to be appropriate.
``(d) Program Agreements.--(1) To carry out the pilot program in a
State, the Secretary of Defense shall enter into an agreement with the
Governor of the State or, in the case of the District of Columbia, with
the commanding general of the District of Columbia National Guard.
``(2) Each agreement under the pilot program shall provide for the
Governor or, in the case of the District of Columbia, the commanding
general to establish, organize, and administer a National Guard civilian
youth opportunities program in the State.
``(3) The agreement may provide for the Secretary to provide funds
to the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the National
Guard civilian youth opportunities program.
``(e) Persons Eligible to Participate in Program.--(1) A school
dropout from secondary school shall be eligible to participate in a
National Guard civilian youth opportunities program conducted under the
pilot program.
``(2) The Secretary shall prescribe the standards and procedures for
selecting participants for a National Guard civilian youth opportunities
program from among school dropouts eligible to participate in the
program.
``(f) Authorized Benefits for Participants.--(1) To the extent
provided in an agreement entered into in accordance with subsection (d)
and subject to the approval of the Secretary, a person selected for
training in a National Guard civilian youth opportunities program
conducted under the pilot program may receive the following benefits in
connection with that training:
``(A) Allowances for travel expenses, personal expenses, and
other expenses.
``(B) Quarters.
``(C) Subsistence.
``(D) Transportation.
``(E) Equipment.
``(F) Clothing.
``(G) Recreational services and supplies.
``(H) Other services.
``(I) Subject to paragraph (2), a temporary stipend upon the
successful completion of the training, as characterized in
accordance with procedures provided in the agreement.
``(2) In the case of a person selected for training in a National
Guard civilian youth opportunities program conducted under the pilot
program who afterwards becomes a member of the Civilian Community Corps
under subtitle E of title I of the National and Community Service Act of
1990 [42 U.S.C. 12611 et seq.] (as added by section 1092(a)), the person
may not receive a temporary stipend under paragraph (1)(I) while the
person is a member of that Corps. The person may receive the temporary
stipend after completing service in the Corps unless the person elects
to receive benefits provided under subsection (f) or (g) of section 158
of such Act [42 U.S.C. 12618(f), (g)].
``(g) Program Personnel.--(1) Personnel of the National Guard of a
State in which a National Guard civilian youth opportunities program is
conducted under the pilot program may serve on full-time National Guard
duty for the purpose of providing command, administrative, training, or
supporting services for that program. For the performance of those
services, any such personnel may be ordered to duty under section 502(f)
of title 32, United States Code, for not longer than the period of the
program.
``(2) For fiscal year 1993, personnel so serving may not be counted
for the purposes of--
``(A) any provision of law limiting the number of personnel that
may be serving on full-time active duty or full-time National Guard
duty for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components; or
``(B) section 524 [now 12011] of title 10, United States Code,
relating to the number of reserve component officers who may be on
active duty or full-time National Guard duty in certain grades.
``(3) A Governor participating in the pilot program and the
commanding general of the District of Columbia National Guard (if the
District of Columbia National Guard is participating in the pilot
program) may procure by contract the temporary full time services of
such civilian personnel as may be necessary to augment National Guard
personnel in carrying out a National Guard civilian youth opportunities
program under the pilot program.
``(4) Civilian employees of the National Guard performing services
for such a program and contractor personnel performing such services may
be required, when appropriate to achieve a program objective, to be
members of the National Guard and to wear the military uniform.
``(h) Equipment and Facilities.--(1) Equipment and facilities of the
National Guard, including military property of the United States issued
to the National Guard, may be used in carrying out the pilot program.
``(2) Activities under the pilot program shall be considered
noncombat activities of the National Guard for purposes of section 710
of title 32, United States Code.
``(i) Status of Participants.--(1) A person receiving training under
the pilot program shall be considered an employee of the United States
for the purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5, United States Code
(relating to compensation of Federal employees for work injuries).
``(B) Section 1346(b) and chapter 171 of title 28, United States
Code, and any other provision of law relating to the liability of
the United States for tortious conduct of employees of the United
States.
``(2) In the application of the provisions of law referred to in
paragraph (1)(A) to a person referred to in paragraph (1)--
``(A) the person shall not be considered to be in the
performance of duty while the person is not at the assigned location
of training or other activity or duty authorized in accordance with
a program agreement referred to in subsection (d), except when the
person is traveling to or from that location or is on pass from that
training or other activity or duty;
``(B) the person's monthly rate of pay shall be deemed to be the
minimum rate of pay provided for grade GS-2 of the General Schedule
under section 5332 of title 5, United States Code; and
``(C) the entitlement of a person to receive compensation for a
disability shall begin on the day following the date on which the
person's participation in the pilot program is terminated.
``(3) A person referred to in paragraph (1) may not be considered an
employee of the United States for any purpose other than a purpose set
forth in that paragraph.
``(j) Supplemental Resources.--(1) To carry out a National Guard
civilian youth opportunities program conducted under the pilot program,
the Governor of a State or, in the case of the District of Columbia, the
commanding general of the District of Columbia National Guard may
supplement any funding made available pursuant to subsection (m) out of
other resources (including gifts) available to the Governor or the
commanding general.
``(2) The provision of funds authorized to be appropriated for the
pilot program shall not preclude a Governor participating in the pilot
program, or the commanding general of the District of Columbia National
Guard (if the District of Columbia National Guard is participating in
the pilot program), from accepting, using, and disposing of gifts or
donations of money, other property, or services for the pilot program.
``(k) Report.--(1) Within 90 days after the end of the one-year
period beginning on the first day of the pilot program, the Secretary
shall submit to the congressional defense committees a report on the
design, conduct, and effectiveness of the pilot program during that one-
year period. The report shall include an assessment of the matters set
forth in paragraphs (1) and (2) of subsection (b).
``(2) In preparing the report required by paragraph (1), the
Secretary shall coordinate with the Governor of each State in which a
National Guard civilian youth opportunities program is carried out under
the pilot program and, if such a program is carried out in the District
of Columbia, with the commanding general of the District of Columbia
National Guard.
``(l) Definitions.--In this section:
``(1) The term `pilot program' means the National Guard Civilian
Youth Opportunities Program authorized to be conducted under
subsection (a).
``(2) The term `State' includes the Commonwealth of Puerto Rico,
the territories (as defined in section 101(1) of title 32, United
States Code), and the District of Columbia.
``(3) The term `school dropout' has the meaning established for
the term by the Secretary of Education pursuant to section 6201(a)
of the Elementary and Secondary Education Act of 1965 (as such
section was in effect on October 19, 1994) (20 U.S.C. 3271(a)).
``(4) The term `full-time National Guard duty' has the meaning
given that term in section 101 of title 32, United States Code.
``(m) Funding.--Of the amounts appropriated for the Department of
Defense for operation and maintenance in fiscal year 1993 pursuant to
the authorization of appropriations in section 301 [106 Stat. 2360],
$50,000,000 shall be available to carry out the pilot program for fiscal
year 1993.''
