§ 509. — National Guard Challenge Program of opportunities for civilian youth.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC509]
TITLE 32--NATIONAL GUARD
CHAPTER 5--TRAINING
Sec. 509. National Guard Challenge Program of opportunities for
civilian youth
(a) Program Authority and Purpose.--The Secretary of Defense may use
the National Guard to conduct a civilian youth opportunities program, to
be known as the ``National Guard Challenge Program'', which shall
consist of at least a 22-week residential program and a 12-month post-
residential mentoring period. The National Guard Challenge Program shall
seek to improve life skills and employment potential of participants by
providing military-based training and supervised work experience,
together with the core program components of assisting participants to
receive a high school diploma or its equivalent, leadership development,
promoting fellowship and community service, developing life coping
skills and job skills, and improving physical fitness and health and
hygiene.
(b) Conduct of the Program.--(1) The Secretary of Defense shall
provide for the conduct of the National Guard Challenge Program in such
States as the Secretary considers to be appropriate.
(2) The Secretary shall carry out the National Guard Challenge
Program using--
(A) funds appropriated directly to the Secretary of Defense for
the program, except that the amount of funds appropriated directly
to the Secretary and expended for the program in fiscal year 2001 or
2002 may not exceed $62,500,000; and
(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the
program.
(3) Federal funds made available or transferred to the Secretary of
Defense under paragraph (2)(B) by other Federal agencies to support the
National Guard Challenge Program may be expended for the program in
excess of the fiscal year limitation specified in paragraph (2)(A).
(4) The Secretary of Defense shall remain the executive agent to
carry out the National Guard Challenge Program regardless of the source
of funds for the program or any transfer of jurisdiction over the
program within the executive branch. As provided in subsection (a), the
Secretary may use the National Guard to conduct the program.
(c) Program Agreements.--(1) To carry out the National Guard
Challenge 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, under which the Governor or the commanding
general will establish, organize, and administer the National Guard
Challenge Program in the State.
(2) 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 Challenge Program.
(d) Matching Funds Required.--The amount of assistance provided
under this section to a State program of the National Guard Challenge
Program may not exceed--
(1) for fiscal year 1998, 75 percent of the costs of operating
the State program during that year;
(2) for fiscal year 1999, 70 percent of the costs of operating
the State program during that year;
(3) for fiscal year 2000, 65 percent of the costs of operating
the State program during that year; and
(4) for fiscal year 2001 and each subsequent fiscal year, 60
percent of the costs of operating the State program during that
year.
(e) Persons Eligible To Participate in Program.--A school dropout
from secondary school shall be eligible to participate in the National
Guard Challenge Program. The Secretary of Defense shall prescribe the
standards and procedures for selecting participants from among school
dropouts.
(f) Authorized Benefits for Participants.--(1) To the extent
provided in an agreement entered into in accordance with subsection (c)
and subject to the approval of the Secretary of Defense, a person
selected for training in the National Guard Challenge 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 the National
Guard Challenge 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.), 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).
(g) Program Personnel.--(1) Personnel of the National Guard of a
State in which the National Guard Challenge Program is conducted may
serve on full-time National Guard duty for the purpose of providing
command, administrative, training, or supporting services for the
program. For the performance of those services, any such personnel may
be ordered to duty under section 502(f) of this title for not longer
than the period of the program.
(2) A Governor participating in the National Guard Challenge Program
and the commanding general of the District of Columbia National Guard
(if the District of Columbia National Guard is participating in the
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 the National Guard Challenge Program in that
State.
(3) Civilian employees of the National Guard performing services for
the National Guard Challenge Program and contractor personnel performing
such services may be required, when appropriate to achieve the purposes
of the program, 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 National Guard
Challenge Program.
(2) Activities under the National Guard Challenge Program shall be
considered noncombat activities of the National Guard for purposes of
section 710 of this title.
(i) Status of Participants.--(1) A person receiving training under
the National Guard Challenge 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 (relating to
compensation of Federal employees for work injuries).
(B) Section 1346(b) and chapter 171 of title 28 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 (c), 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; 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 National Guard Challenge 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.--To carry out the National Guard
Challenge Program in a State, the Governor of the State or, in the case
of the District of Columbia, the commanding general of the District of
Columbia National Guard may supplement funds made available under the
program out of other resources (including gifts) available to the
Governor or the commanding general. The Governor or the commanding
general may accept, use, and dispose of gifts or donations of money,
other property, or services for the National Guard Challenge Program.
(k) Report.--Within 90 days after the end of each fiscal year, the
Secretary of Defense shall submit to Congress a report on the design,
conduct, and effectiveness of the National Guard Challenge Program
during the preceding fiscal year. In preparing the report, the Secretary
shall coordinate with the Governor of each State in which the National
Guard Challenge Program is carried out and, if the 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 ``State'' includes the Commonwealth of Puerto Rico,
the territories, and the District of Columbia.
(2) The term ``school dropout'' means an individual who is no
longer attending any school and who has not received a secondary
school diploma or a certificate from a program of equivalency for
such a diploma.
(m) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the National Guard Challenge Program. The
regulations shall address at a minimum the following:
(1) The terms to be included in the program agreements required
by subsection (c).
(2) The qualifications for persons to participate in the
program, as required by subsection (e).
(3) The benefits authorized for program participants, as
required by subsection (f).
(4) The status of National Guard personnel assigned to duty in
support of the program under subsection (g).
(5) The conditions for the use of National Guard facilities and
equipment to carry out the program, as required by subsection (h).
(6) The status of program participants, as described in
subsection (i).
(7) The procedures to be used by the Secretary when
communicating with States about the program.
(Added Pub. L. 105-85, div. A, title X, Sec. 1076(a), Nov. 18, 1997, 111
Stat. 1911; amended Pub. L. 106-65, div. A, title V, Sec. 579, Oct. 5,
1999, 113 Stat. 631; Pub. L. 106-246, div. B, title I, Sec. 120, July
13, 2000, 114 Stat. 533; Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 577(a)-(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-140; Pub. L. 107-
107, div. A, title V, Sec. 596(a), Dec. 28, 2001, 115 Stat. 1126; Pub.
L. 107-314, div. A, title X, Sec. 1062(g)(1), Dec. 2, 2002, 116 Stat.
2651.)
References in Text
The National and Community Service Act of 1990, referred to in
subsec. (f)(2), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, as
amended. Subtitle E of title I of the Act is classified generally to
division E (Sec. 12611 et seq.) of subchapter I of chapter 129 of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 12501 of
Title 42 and Tables.
Amendments
2002--Subsec. (b). Pub. L. 107-314 amended Pub. L. 106-398,
Sec. 577(b)(2). See 2000 Amendment note below.
2001--Subsec. (b)(2)(A). Pub. L. 107-107, Sec. 596(a)(1),
substituted ``in fiscal year 2001 or 2002'' for ``in a fiscal year''.
Subsec. (b)(4). Pub. L. 107-107, Sec. 596(a)(2), added par. (4).
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 577(a)], struck out ``, acting through the Chief of the National
Guard Bureau,'' after ``The Secretary of Defense''.
Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 577(b)(1), (3)], inserted ``(1)'' before ``The Secretary of
Defense'' and added pars. (2) and (3).
Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 577(b)(2)], as
amended by Pub. L. 107-314, struck out ``, except that Department of
Defense expenditures under the program may not exceed $62,500,000 for
any fiscal year'' before period at end.
Pub. L. 106-246 substituted ``Department of Defense'' for
``Federal''.
Subsec. (m). Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 577(c)], added subsec. (m).
1999--Subsec. (a). Pub. L. 106-65, Sec. 579(a), amended heading and
text of subsec. (a) generally. Prior to amendment, text read as follows:
``The Secretary of Defense, acting through the Chief of the National
Guard Bureau, may conduct a National Guard civilian youth opportunities
program (to be known as the `National Guard Challenge Program') to use
the National Guard to provide military-based training, including
supervised work experience in community service and conservation
projects, to civilian youth who cease to attend secondary school before
graduating so as to improve the life skills and employment potential of
such youth.''
Subsec. (b). Pub. L. 106-65, Sec. 579(b), substituted
``$62,500,000'' for ``$50,000,000''.
Effective Date of 2002 Amendment
Pub. L. 107-314, div. A, title X, Sec. 1062(g), Dec. 2, 2002, 116
Stat. 2651, provided that the amendment made by section 1062(g)(1) of
Pub. L. 107-314 is effective as of Oct. 30, 2000, and as if included in
Pub. L. 106-398 as enacted.
