However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard.
be ordered to perform training or other duty in addition to that prescribed under subsection (a).
32 U.S.C. § 502
|HISTORICAL AND REVISION NOTES|
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|32:62 (1st sentence, less proviso). |
32:62 (proviso of 1st sentence).
32:62 (last sentence, less 1st, 2d, and 3d provisos).
32:62 (1st proviso of last sentence).
|June 3, 1916, ch. 134, §92; restated June 3, 1924, ch. 244, §2; restated Oct. 14, 1940, ch. 875, §2, 54 Stat. 1135; Mar. 25, 1948, ch. 157, §5(a), 62 Stat. 90.|
|502(e)||32:62 (2d and 3d provisos of last sentence).|
AMENDMENTS2006-Subsec. (f). Pub. L. 109-364 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), struck out "Duty without pay shall be considered for all purposes as if it were duty with pay." at end, and added pars. (2) and (3). 1993-Subsec. (b). Pub. L. 103-160 substituted "90 consecutive days" for "30 consecutive days" in second sentence. 1971-Subsec. (a). Pub. L. 92-156 inserted exception to training requirements where member served on active duty for one year or more if the training period falls during last one hundred and twenty days of required membership in National Guard. 1967-Subsec. (b). Pub. L. 90-168 substituted 30 consecutive days for seven consecutive days of the same calendar month as the time within which all parts of the unit must be included in a series of formations in order to be credited as an assembly for drill and instruction.1964-Subsec. (f). Pub. L. 88-621 added subsec. (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-168 effective first day of first calendar month following date of enactment of Pub. L. 90-168 which was approved Dec. 1, 1967, see section 7 of Pub. L. 90-168 set out as a note under sectionof Title 10, Armed Forces.
MEMORANDUM TO EXTEND FEDERAL SUPPORT TO GOVERNORS' USE OF THE NATIONAL GUARD TO RESPOND TO COVID-19 AND TO INCREASE REIMBURSEMENT AND OTHER ASSISTANCE PROVIDED TO STATESMemorandum of President of the United States, Jan. 21, 2021, 86 F.R. 7481, provided: Memorandum for the Secretary of Defense [and] the Secretary of Homeland SecurityBy the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"), and section 502 of title 32, United States Code, I hereby order as follows:SECTION 1. Policy. Consistent with the nationwide emergency declaration concerning the coronavirus disease 2019 (COVID-19) pandemic on March 13, 2020, it is the policy of my Administration to combat and respond to COVID-19 with the full capacity and capability of the Federal Government to protect and support our families, schools, and businesses, and to assist State, local, Tribal, and territorial governments to do the same, to the extent authorized by law. SEC. 2. Support of Operations or Missions to Prevent and Respond to the Spread of COVID-19. (a) The Secretary of Defense shall, to the maximum extent feasible and consistent with mission requirements (including geographic proximity), request pursuant to 32 U.S.C. 502(f) that all State and territorial governors order National Guard forces to perform duty to fulfill mission assignments, on a fully reimbursable basis, that the Federal Emergency Management Agency (FEMA) issues to the Department of Defense for the purpose of supporting State, local, Tribal, and territorial emergency assistance efforts under the Stafford Act.(b) FEMA shall fund 100 percent of the cost of activities associated with all mission assignments for the use of the National Guard under 32 U.S.C. 502(f) to respond to COVID-19, as authorized by sections 403 (), 502 ( ), and 503 ( ) of the Stafford Act.(c) This section supersedes prior Presidential Memoranda requesting the use of the National Guard to respond to the COVID-19 emergency to the extent they are inconsistent with this memorandum.SEC. 3. Assistance for Category B Emergency Protective Measures. (a) In accordance with sections 403 ( ) and 502 ( ) of the Stafford Act, FEMA shall, as appropriate and consistent with applicable law, make available under Category B of the Public Assistance program such assistance as may be required by States (including territories and the District of Columbia), local governments, and Tribal governments to provide for the safe opening and operation of eligible schools, child-care facilities, healthcare facilities, non-congregate shelters, domestic violence shelters, transit systems, and other eligible applicants. Such assistance may include funding for the provision of personal protective equipment and disinfecting services and supplies.(b) FEMA shall make assistance under this section available at a 100 percent Federal cost share until September 30, 2021.SEC. 4. Advanced Reimbursement. To make reimbursements for approved work under the Stafford Act to respond to COVID-19 available more quickly, FEMA shall expedite reimbursement for eligible emergency work projects and, as appropriate and consistent with applicable law, provide an advance of the Federal share on a percentage of the expected reimbursement from FEMA-approved projects. SEC. 5. One-Hundred Percent Cost Share Termination. The 100 percent Federal cost share for use of National Guard forces authorized by section 2(b) of this memorandum shall extend to, and shall be available for, orders of any length authorizing duty through September 30, 2021.SEC. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:(i) the authority granted by law to an executive department or agency, or the head thereof; or(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.(d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.J.R. Biden, Jr.