I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 02:32:09. Database: USCODE Search: (32:CITE) ------DocID 39611 Document 1 of 127------ -CITE- 32 USC TITLE 32 -EXPCITE- TITLE 32 -HEAD- TITLE 32 - NATIONAL GUARD -MISC1- THIS TITLE WAS ENACTED BY ACT AUG. 10, 1956, CH. 1041, SEC. 2, 70A STAT. 596 Chap. Sec. 1. Organization 101 3. Personnel 301 5. Training 501 7. Service, Supply, and Procurement 701 Table Showing Disposition of All Sections of Former Title 32 --------------------------------------------------------------------- Title 32 Former Sections Title 32 New Sections --------------------------------------------------------------------- 1 T. 10 Sec. 311 2 101; T. 10 Sec. 101 3 T. 10 Sec. 312 4 305, 313 4a Rep. 4b 101; T. 10 Sec. 101 4c (1st 33 words) 101; T. 10 Sec. 101 4c (less 1st 33 words) Rep. 5, 6 104 7 Rep. 8 104 9 103 10 (proviso) 104 10 (less proviso) T. 10 Sec. 3542, 8542 11-14 314 15 105 16 104 17 110 18-20 Rep. 21 106 22 107 23 Rep. 24 108 25 Rep. 26 Elim. 31 701 32 Rep. 33 702 34 Rep. 35 702 36 Rep. 37 Elim. 38 Rep. 39, 39a 703 40 Rep. 42, 42a 709 43 Rep. 44 Elim. 45 712 46 711 47 710 47-1, 47a Elim. 47b, 48 Rep. 49, 50 708 51 Elim. 61 501 62 502 63 503 64 504 65 505 66, 67 506 68, 69 315 70 Rep. 71 507 72 317 73 Rep. 74 707 75 Rep. See T. 5 Sec. 502, 3551, 5534, 6323(a), (b) 76 Rep. See T. 5 Sec. 6323(a), (b) 81 Rep. 81a T. 10 Sec. 3500, 8500 81b T. 10 Sec. 3501, 8501 81c Rep. 82 T. 10 Sec. 3499, 8499 83 T. 10 Sec. 3502, 8502 84 Rep. 85, 86 Elim. 91 326 92 327 93 328 94 329 95 330 96 331 97 332, 333 111 305, 307 112 312 113 307 113a Rep. 114 324 115 323; T. 10 Sec. 3820, 8820 121, 122 Rep. 123 304 124 302 125 322 131 Rep. 132, 133 303 134 Rep. 141, 142 Elim. 142a-143a Rep. 144-148 Rep. 149-152 Elim. 153 Rep. 154 (last proviso of 2d par.) 710 154 (2d par., less last proviso) T. 31 Sec. 698a 154 (last par.) 303, 322, 323 154 (less 2d and last pars.) Rep. See T. 37 Sec. 206(a), (b), 402(b) 155 Rep. 156 705; T. 10 Sec. 4621, 9621 157 Rep. 158 503 159, 160 Rep. 160a 318, 321; T. 10 Sec. 3687, 3688, 3721, 8687, 8688, 8721 160b 3687 nt. 160c-164 Rep. 164a, 164b 319 164c Rep. 164d 320; T. 10 Sec. 3723, 8723 164e Rep. 171 Rep. 172, 173 T. 10 Sec. 3015 174 T. 10 Sec. 3541, 8541 175 T. 10 Sec. 3496, 8496 176 T. 31 Sec. 698 181 T. 10 Sec. 4308 181a T. 10 Sec. 4312 181b T. 10 Sec. 4312, 4313 181c T. 10 Sec. 4308 181d, 181e Elim. 182 T. 10 Sec. 4307 183 316; T. 10 Sec. 4310 184 T. 10 Sec. 4310 185 Rep. 186 T. 10 Sec. 4309 191 Rep. 192, 193 104 nt. 194(b) 109. Rep. in part 194 (less (b)) 109 195 Rep. 196 713 ------------------------------- POSITIVE LAW; CITATION This title has been made positive law by section 2 of act Aug. 10, 1956, ch. 1041, 70A Stat. 596, which provided in part that: 'Title 32 of the United States Code, entitled 'National Guard', is revised, codified, and enacted into law, and may be cited as 'Title 32, United States Code, Sec. - .' ' REPEALS Section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this act, 'except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this act (Aug. 10, 1956) and except as provided in section 49'. SAVINGS AND SEVERABILITY PROVISIONS Section 49 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided that: '(a) In sections 1-48 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after March 31, 1955, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. '(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-48. '(c) Actions taken and offenses committed under the replaced law shall be considered to have been taken or committed under the corresponding provisions of sections 1-48. '(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. '(e) In chapter 47 of title 10, United States Code, enacted by section 1 of this Act, no inference of a legislative construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter. '(f) The enactment of this Act does not increase or decrease the pay or allowances, including retired pay and retainer pay, of any person. '(g) The enactment of this Act does not affect the status of persons who, on the effective date of this Act, have the status of warrant officer, of the Army Mine Planter Service.' RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Section 50 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided that: 'If on the effective date of this Act a provision of law that is restated in this Act and repealed by section 53 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status.' IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 85-861; LEGISLATIVE PURPOSE; REPEAL OF INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEVERABILITY PROVISIONS; STATUS; REPEALS Section 34 of Pub. L. 85-861 provided that: '(a) In sections 1-32 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after December 31, 1957, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. '(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-32. '(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1-32. '(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. '(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired and retainer pay, of any person.' Section 35 of Pub. L. 85-861 provided that: 'If on the effective date of this Act (Sept. 2, 1958) a provision of law that is restated in this Act and repealed by section 36 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status.' Section 36 of Pub. L. 85-861 repealed certain laws except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before Sept. 2, 1958. ------DocID 9850 Document 2 of 127------ -CITE- 7 USC CHAPTER 32 -EXPCITE- TITLE 7 CHAPTER 32 -HEAD- CHAPTER 32 - PEANUT STATISTICS -MISC1- Sec. 951. Collection and publication; facts required; submission of report. 952. Repealed. 953. Reports; by whom made; penalties. 954. Grades and standards for classification. 955. Limitation on use of statistical information. 956. Rules and regulations; cooperation with departments, etc.; officers and employees; expenses of administration; authorization of appropriations. 957. Definitions. 958. Report on origin of exports of peanuts. (a) Exporters of peanuts. (b) Collection of information. (c) Confidentiality of information. ------DocID 11476 Document 3 of 127------ -CITE- 8 USC Sec. 31, 32 -EXPCITE- TITLE 8 CHAPTER 2 -HEAD- Sec. 31, 32. Transferred -COD- CODIFICATION Sections 31 and 32 transferred to sections 1971 and 1972, respectively, of Title 42, The Public Health and Welfare. ------DocID 11964 Document 4 of 127------ -CITE- 10 USC CHAPTER 32 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 32 -HEAD- CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE -MISC1- Sec. 521. Authority to prescribe total strengths of officers on active duty and officer strengths in various categories. 522. Authorized total strengths: regular commissioned officers on active duty. 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain. 524. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain. 525. Distribution of commissioned officers on active duty in general officer and flag officer grades. 526. Authorized strength: general and flag officers on active duty. 527. Authority to suspend sections 523, 524, 525, and 526. AMENDMENTS 1988 - Pub. L. 100-370, Sec. 1(b)(3), July 19, 1988, 102 Stat. 840, struck out former item 526 'Authority to suspend sections 523, 524, and 525', and added items 526 and 527. 1984 - Pub. L. 98-525, title IV, Sec. 414(a)(4)(B)(ii), inserted references to the National Guard and to full-time National Guard duty in item 524. ------DocID 14621 Document 5 of 127------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 32 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS RECONSIDERATION -HEAD- Rule 32. Form of Petition for Reconsideration -STATUTE- A petition for reconsideration, will be filed in substantially the following form: -MISC1- IN THE UNITED STATES COURT OF MILITARY APPEALS XXXXXXX, (Appellee) (Appellant) (Respondent) PETITION FOR (Petitioner) RECONSIDERATION v. CMR DKT. NO.XX XXXXXXX, USCMA DKT. NO.X (Appellant) (Appellee) (Petitioner) (Respondent) TO THE JUDGES OF THE UNITED STATES COURT OF MILITARY APPEALS: The Court is requested to reconsider its (opinion) (order) (decision) in this case for the following reason(s): (The petition shall state with particularity the points of law or fact which, in the opinion of the party seeking reconsideration, the Court has overlooked or misapprehended and shall contain such argument in support of the petition as the party desires to present. Petitions are not to contain merely a restatement of arguments already presented.) XXXXXXXXXXXXXXXXXXXXXXXX (Counsel's typed name and signature) XXXXXXXXXXXXXXXXXXXXXXXX (Counsel's address and telephone no.) CERTIFICATE OF FILING AND SERVICE I certify that a copy of the foregoing was (mailed) (delivered) to the Court and (mailed) (delivered) to the (appellant) (appellee) (petitioner) (respondent) on XXXX. (Date) XXXXXXXXXXXXXXXXXXX (Typed name and signature) XXXXXXXXXXXXXXXXXXX (Address and telephone no.) ------DocID 15164 Document 6 of 127------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 32 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 32. - Notice of Filing Final Account -STATUTE- (CAPTION AS IN FORM NO. 1) NOTICE OF FILING FINAL ACCOUNT(S) OF TRUSTEE, OF HEARING ON APPLICATIONS FOR COMPENSATION (AND OF HEARING ON ABANDONMENT OF PROPERTY BY THE TRUSTEE) To the creditors: The final report(s) and account(s) of the trustee in this case having been filed, Notice is hereby given, that there will be a hearing held at XXXX, XXXXXX, on XXXXXX, at XXXXXX, o'clock XXm., for the purpose (as appropriate) of examining and passing on the report(s) and account(s), acting on applications for compensation, and transacting such other business as may properly come before the court. Attendance by creditors is welcomed but not required. The following applications for compensation have been filed: --------------------------------------------------------------------- --------------------------------------------------------------------- Commission Applicants or Fees Expenses XXXXXXXXXXXXXXXXX $XXXXX $XXXXX Interim Trustee XXXXXXXXXXXXXXXXX $XXXXX $XXXXX Trustee XXXXXXXXXXXXXXXXX $XXXXX $XXXXX Attorney for debtor XXXXXXXXXXXXXXXXX $XXXXX $XXXXX Attorney for interim trustee XXXXXXXXXXXXXXXXX $XXXXX $XXXXX Attorney for trustee XXXXXXXXXXXXXXXXX $XXXXX $XXXXX Attorney for petitioning creditors XXXXXXXXXXXXXXXXX $XXXXX $XXXXX ------------------------------- Creditors may be heard before the applications are determined. The account of the trustee shows total receipts of $XXXX and total disbursements of $XXXX. The balance on hand is $XXXX. In addition to expenses of administration as may be allowed by the court, liens and priority claims totalling $XXXX, must be paid in advance of any dividend to general creditors. Claims of general creditors totalling $XXXX have been allowed. (If appropriate) The trustee's application to abandon the following property will be heard and acted on: XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX The debtor has (not) been discharged. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX, Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is adapted from former Official Form No. 29 which is an adaptation of a form which has been made available to bankruptcy judges by the Administrative Office of the United States Courts and used for a number of years. ------DocID 15201 Document 7 of 127------ -CITE- 12 USC Sec. 32 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 32. Liabilities and suits as affected by change of name or location -STATUTE- Nothing contained in sections 30 and 31 of this title shall be so construed as in any manner to release any national banking association under its old name or at its old location from any liability, or affect any action or proceeding in law in which said association may be or become a party or interested. -SOURCE- (May 1, 1886, ch. 73, Sec. 4, 24 Stat. 19.) ------DocID 16759 Document 8 of 127------ -CITE- 12 USC CHAPTER 32 -EXPCITE- TITLE 12 CHAPTER 32 -HEAD- CHAPTER 32 - FOREIGN BANK PARTICIPATION IN DOMESTIC MARKETS -MISC1- Sec. 3101. Definitions. 3102. Establishment of Federal branches and agencies by foreign bank. (a) Approval of Comptroller. (b) Rules and regulations; rights and privileges; duties and liabilities; exceptions. (c) Application to establish Federal branch or agency; matters considered. (d) Receipt of deposits and exercising of fiduciary powers at Federal agency prohibited. (e) Maintenance of Federal branch and Federal agency in same State prohibited. (f) Conversion of foreign bank branch, agency or commercial lending company into Federal branch or agency; approval of Comptroller. (g) Deposit requirements; asset requirements. (h) Establishment of additional branches or agencies; approval of Comptroller. (i) Termination of authority to operate Federal branch or agency. (j) Receivership over assets of foreign bank in United States. 3103. Interstate banking by foreign banks. (a) Limitations. (b) Continuance of lawful interstate banking operations previously commenced. (c) Determination of home State of foreign bank. 3104. Insurance of deposits. 3105. Authority of Federal Reserve System. (a) Bank reserves. (b) Examination of branches and agencies by Board. (c) Reports to committees of Congress. 3106. Nonbanking activities of foreign banks. (a) Applicability of Bank Holding Company Acts. (b) Ownership or control of shares of nonbanking companies for certain period. (c) Engagement in nonbanking activities after certain period. (d) Construction of terms. 3106a. Compliance with State and Federal laws. 3107. Maintenance of office other than branch or agency by foreign bank; registration with Secretary of Treasury; application of State law. 3108. Regulation and enforcement. (a) Rules, regulations and orders. (b) Enforcement under Federal Deposit Insurance Act provisions. (c) Powers of Federal Reserve Board and Federal Deposit Insurance Corporation. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 619, 1813, 3902 of this title; title 15 section 78c; title 31 sections 3121, 9110. ------DocID 17475 Document 9 of 127------ -CITE- 15 USC Sec. 32, 33 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. Pub. L. 91-452, title II, Sec. 209, 210, Oct. 15, 1970, 84 Stat. 929 -MISC1- Section 32, act Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 904, granted immunity from prosecution to witnesses testifying or producing evidence, documentary or otherwise, in any proceeding, suit, or prosecution under section 1 to 11 of this title. See section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Section 33, act June 30, 1906, ch. 3920, 34 Stat. 798, provided that, under the immunity provisions of former section 32 of this title, immunity was to extend only to a natural person who, in obedience to a subpoena, testified or produced evidence. EFFECTIVE DATE OF REPEAL Repeal effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Repeal of sections by Pub. L. 91-452 not to affect any immunity to which any individual was entitled under sections by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. ------DocID 17774 Document 10 of 127------ -CITE- 15 USC Sec. 80a-32 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-32. Filing of documents with Commission in civil actions -STATUTE- Every registered investment company which is a party and every affiliated person of such company who is a party defendant to any action or claim by a registered investment company or a security holder thereof in a derivative or representative capacity against an officer, director, investment adviser, trustee, or depositor of such company, shall file with the Commission, unless already so filed, (1) a copy of all pleadings, verdicts, or judgments filed with the court or served in connection with such action or claim, (2) a copy of any proposed settlement, compromise, or discontinuance of such action, and (3) a copy of such motions, transcripts, or other documents filed in or issued by the court or served in connection with such action or claim as may be requested in writing by the Commission. If any document referred to in clause (1) or (2) - (A) is delivered to such company or party defendant, such document shall be filed with the Commission not later than ten days after the receipt thereof; or (B) is filed in such court or delivered by such company or party defendant, such documents shall be filed with the Commission not later than five days after such filing or delivery. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 33, 54 Stat. 839; Dec. 14, 1970, Pub. L. 91-547, Sec. 19, 84 Stat. 1428.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-547 inserted provision for party acting in representative capacity and substituted provisions for prompt filing with the Commission of copies of all pleadings, verdicts, judgments, settlements, compromises, or discontinuances served or filed in suits by a registered investment company or a security holder thereof against an officer, director, investment adviser, trustee, or depositor of such company and of copies of motions, transcripts, or other documents if the Commission requests them for prior requirement that registered companies and their affiliated persons who are defendants in derivative suits involving an alleged breach of official duty transmit to the Commission copies of the pleadings and the record in such actions after a settlement or compromise of the action has been approved by a court of competent jurisdiction or a verdict or final judgment on the merits has been rendered, Commission use of information, and nondisclosure of identity of persons. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18489 Document 11 of 127------ -CITE- 15 USC CHAPTER 32 -EXPCITE- TITLE 15 CHAPTER 32 -HEAD- CHAPTER 32 - TELECASTING OF PROFESSIONAL SPORTS CONTESTS -MISC1- Sec. 1291. Exemption from antitrust laws of agreements covering the telecasting of sports contests and the combining of professional football leagues. 1292. Area telecasting restriction limitation. 1293. Intercollegiate and interscholastic football contest limitations. 1294. Antitrust laws unaffected as regards to other activities of professional sports contests. 1295. 'Persons' defined. ------DocID 19657 Document 12 of 127------ -CITE- 16 USC Sec. 32 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 32. Lease of lands within park -STATUTE- The Secretary of the Interior is authorized and empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yellowstone National Park, separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any one person, corporation, or company, in said park as the comfort and convenience of visitors may require for the construction and maintenance of substantial hotel buildings and buildings for the protection of stage, stock, and equipment. Such lease or leases shall not include any of the geysers or any objects of curiosity or interest in said park, or exclude the public from free and convenient approach thereto, or include any ground within one-eighth of a mile of any of the geysers of the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park; nor shall such lease convey either expressly or by implication any exclusive privilege within the park, except on the premises held thereunder and for the time therein granted. Every lease made for any property of said park shall require the lessee to observe and obey each and every provision in any Act of Congress, every rule, order, or regulation made or which shall hereafter be made and published by the Secretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein under penalty of forfeiture of such lease, and shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior. The provisions of this section are not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion. -SOURCE- (Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. 2570, 34 Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. 1219.) -COD- CODIFICATION The first paragraph of this section is from act June 4, 1906, as amended by act Mar. 2, 1907, which changed the authorized term of leasing from ten years to twenty years as set out above. It superseded earlier provisions covering similar matter contained in the first sentence of act Aug. 3, 1894. The second paragraph of the section is from act Aug. 3, 1894, which contained a further proviso that 'persons or corporations now holding leases of ground in the park may, upon the surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as the Secretary of the Interior may prescribe' which has been omitted as temporary and executed. A further provision that 'so much of that portion of the act of March third, eighteen hundred and eighty-three, relating to the Yellowstone Park as conflict with the act, be and the same is hereby, repealed' and the portion of the act March 3, 1883, referred to in such provision, have been omitted from the Code, the last named portion having been superseded by the Acts cited to text. -CROSS- CROSS REFERENCES Leases of land in national parks generally, see section 3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 33 of this title. ------DocID 20435 Document 13 of 127------ -CITE- 16 USC Sec. 410cc-32 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-32. Park preservation plan and index -STATUTE- (a) Submission by Commission and approval or disapproval by Secretary of draft and final plans; procedures applicable; revisions in approved plan (1) Within one year after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a draft park preservation plan meeting the requirements of subsection (c) of this section. The Secretary shall review the draft park preservation plan and, within ninety days after the date on which such plan is submitted to the Secretary, suggest appropriate changes in such plan to the Commission. (2) Within eighteen months after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a park preservation plan which meets the requirements of subsection (c) of this section. The Secretary shall, within ninety days after the date on which such plan is submitted to the Secretary, approve or disapprove such plan. The Secretary may not approve such plan unless the Secretary determines that such plan would adequately carry out the purpose of this subchapter. (3) If the Secretary disapproves a park preservation plan, the Secretary shall advise the Commission of the reasons for such disapproval together with the recommendations of the Secretary for revision of such plan. Within such period as the Secretary may designate, the Commission shall submit a revised park preservation plan to the Secretary. The Secretary shall approve or disapprove any revised park preservation plan in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan. (4) If the Secretary approves a park preservation plan, the Secretary shall publish notice of such approval in the Federal Register and shall forward copies of the approved plan to the Congress. (5) Any park preservation plan or draft plan submitted to the Secretary under this subsection shall, upon request, be available to the public. (6) No changes other than minor revisions may be made in the approved park preservation plan without the approval of the Secretary. The Secretary shall approve or disapprove any proposed change in the approved park preservation plan, except minor revisions in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan. (b) Funding availability and requirements for plan implementation, activities, etc. (1) Except as provided in paragraph (2) of this subsection, the Secretary shall not make any funds available to the Commission to carry out section 410cc-33 or 410cc-34 of this title until a park preservation plan has been approved under subsection (a) of this section. (2) Before a park preservation plan is approved under subsection (a) of this section, the Secretary may make available to the Commission such funds as the Commission may request to carry out any activity specified in paragraph (3) of this section. However, no funds shall be made available under this paragraph unless a proposal describing such activity is reviewed and approved by the Secretary. (3) The Commission may request funds from the Secretary to - (A) carry out activities to preserve, restore, manage, develop, or maintain any property identified in subsection (c)(1) of this section; (B) take any action the Commission considers necessary to provide owners of property with national historical or cultural significance within the park or preservation district with emergency assistance for the purpose of preserving and protecting their property in a manner consistent with the purpose of this subchapter; or (C) acquire in accordance with section 410cc-34 of this title, any property within the park which - (i) is identified in the report of the Lowell Historic Canal District Commission as a property which should be preserved, restored, managed, developed, or maintained in a manner consistent with the purpose of this subchapter; (ii) is listed in the National Register of Historic Places, as maintained by the Secretary pursuant to section 470a(a) of this title, and section 462(b) of this title; or (iii) is determined by the Secretary to be of national significance; and would be subject to demolition or major alteration in a manner inconsistent with the purpose of this subchapter unless acquired by the Commission. (c) Requirements for plan Any plan submitted to the Secretary under subsection (a) of this section shall - (1) describe the manner in which the Commission, to the extent practicable in accordance with the recommendations in the report of the Lowell Historic Canal District Commission, proposes to provide for the preservation, restoration, management, development, or maintenance of - (A) the Welles Block, 169 Merrimack Street; (B) the Jordan Marsh Company Building, 153 Merrimack Street and 15 Kirk Street; (C) the Yorick Club, 91 Dutton Street; (D) the Lowell Gas Light Company, 22 Shattuck Street; (E) St. Anne's Church and Rectory, 237 Merrimack Street; (F) Lowell Institution for Savings, 18 Shattuck Street; (G) the Ahepa Building, 31 Kirk Street; (H) Boott Mill, Foot of John Street; (I) Lowell Manufacturing Company on Market Street; and (J) the structure commonly referred to as the Early Residence, 45, 47, and 49 Kirk Street; (2) identify the properties included in the index established pursuant to subsection (d) of this section; (3) identify the properties which the Commission intends to acquire under section 410cc-34 of this title and specify how such properties shall be used; (4) include the standards and criteria established pursuant to subsection (e) of this section; (5) provide a detailed description of the manner in which the Commission intends to implement the grant and loan programs under section 410cc-33 of this title, including information relating to the estimated amount of such grants and the manner in which such grants shall be awarded by the Commission; (6) provide for a transportation program by which the Commission shall provide, directly or by agreement with any person or any public or private entity, transportation services and facilities for park and preservation district visitors, including barge equipment, docking facilities, and local rail facilities; (7) provide for educational and cultural programs to encourage appreciation of the resources of the park and preservation district; and (8) include a tentative budget for the subsequent five fiscal years. (d) Establishment and contents of index; modification of index The Commission shall establish, within one year after the date on which the Commission conducts its first meeting, an index which includes - (1) any property in the park or preservation district (except for any property identified in section 410cc-21(a)(2) of this title) which should be preserved, restored, managed, developed, maintained, or acquired by the Commission because of its national historic or cultural significance; and (2) any property which should be preserved, restored, managed, developed, or maintained in a manner compatible with the purpose of this subchapter because of its proximity to (A) any property referred to in paragraph (1) of this subsection, or (B) any property designated in section 410cc-21(a)(2) of this title. The index may be modified only by a majority vote of the members of the Commission, taken when a quorum is present. (e) Standards and criteria for construction, preservation, etc., of properties within preservation district and park; authorization; establishment; revisions; publication in Federal Register (1) The Commission shall establish standards and criteria applicable to the construction, preservation, restoration, alteration, and use of all properties within the preservation district with the advice of the Commonwealth of Massachusetts and of the Secretary, and the consent of the city manager of Lowell. (2) The Commission shall establish the standards and criteria described in paragraph (1) of this subsection for any property within the park with the advice of the Commonwealth of Massachusetts and the city manager of Lowell and subject to the review and approval of the Secretary. (3) The Commission shall establish standards and criteria under paragraphs (1) and (2) of this subsection within one year after the date on which the Commission conducts its first meeting. Such standards and criteria may be revised in the same manner in which they were originally established. (4) The Secretary shall publish the standards and criteria established under paragraphs (1) and (2) of this subsection, and any revisions thereof, in the Federal Register. -SOURCE- (Pub. L. 95-290, title III, Sec. 302, June 5, 1978, 92 Stat. 297.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410cc-12, 410cc-13, 410cc-23, 410cc-24, 410cc-25, 410cc-33, 410cc-34 of this title. ------DocID 21421 Document 14 of 127------ -CITE- 16 USC Sec. 460uu-32 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part D -HEAD- Sec. 460uu-32. Management; provisions applicable -STATUTE- (a) Subject to valid existing rights, each wilderness area designated under this subchapter shall be administered by the Secretary, through the Director of the Bureau of Land Management, in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to December 31, 1987. (b) Within the wilderness areas designated by this subchapter, the grazing of livestock, where established prior to December 31, 1987, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act (16 U.S.C. 1131 et seq.) and section 108 of Public Law 96-560 (16 U.S.C. 1133 note). -SOURCE- (Pub. L. 100-225, title IV, Sec. 402, Dec. 31, 1987, 101 Stat. 1542.) -REFTEXT- REFERENCES IN TEXT The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. The effective date of the Wilderness Act, referred to in subsec. (a), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577, which enacted chapter 23 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460uu-22 of this title. ------DocID 22968 Document 15 of 127------ -CITE- 16 USC CHAPTER 32 -EXPCITE- TITLE 16 CHAPTER 32 -HEAD- CHAPTER 32 - MARINE SANCTUARIES -MISC1- Sec. 1431. Findings, purposes, and policies. (a) Findings. (b) Purposes and policies. 1432. Definitions. 1433. Sanctuary designation standards. (a) Standards. (b) Factors and consultations required in making determinations and findings. 1434. Procedures for designation and implementation. (a) Sanctuary proposal. (b) Taking effect of designations. (c) Access and valid rights. 1435. Application of regulations and international negotiations. (a) Regulations. (b) Negotiations. 1436. Research and education. 1437. Enforcement. (a) In general. (b) Powers of authorized officers. (c) Civil penalties. (d) Forfeiture. (e) Payment of storage, care, and other costs. (f) Subpoenas. (g) Use of resources of State and other Federal agencies. (h) Coast Guard authority not limited. (i) Injunctive relief. 1438. Repealed. 1439. Severability. 1440. Promotion and coordination of research. 1441. Special use permits. (a) Issuance of permits. (b) Permit terms. (c) Fees. (d) Violations. (e) Reports. (f) Fishing. 1442. Cooperative agreements and donations. (a) Cooperative agreements. (b) Donations. 1443. Destruction or loss of, or injury to, sanctuary resources. (a) Liability. (b) Response actions and damage assessment. (c) Civil actions for response costs and damages. (d) Use of recovered amounts. 1444. Authorization of appropriations. 1445. U.S.S. Monitor artifacts and materials. (a) Congressional policy. (b) Interpretation and display of artifacts. (c) Disclaimer. ------DocID 23808 Document 16 of 127------ -CITE- 18 USC Sec. 32 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 32. Destruction of aircraft or aircraft facilities -STATUTE- (a) Whoever willfully - (1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; (2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft; (3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight; (4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft; (5) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft; (6) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or (7) attempts to do anything prohibited under paragraphs (1) through (6) of this subsection; shall be fined not more than $100,000 or imprisoned not more than twenty years or both. (b) Whoever willfully - (1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft; (2) destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; (3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; or (4) attempts to commit an offense described in paragraphs (1) through (3) of this subsection; shall, if the offender is later found in the United States, be fined not more than $100,000 or imprisoned not more than twenty years, or both. (c) Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (5) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be fined not more than $25,000 or imprisoned not more than five years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 539, and amended Oct. 12. 1984, Pub. L. 98-473, title II, Sec. 2013(b), 98 Stat. 2187; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7016, 102 Stat. 4395.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(3). Pub. L. 100-690 substituted 'interfering' for 'intefering'. 1984 - Pub. L. 98-473 amended section generally. Prior to amendment section read as follows: 'Whoever willfully sets fire to, damages, destroys, disables, or wrecks any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; or 'Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft engine, propeller, appliance, or spare part with intent to damage, destroy, disable, or wreck any such aircraft; or 'Whoever, with like intent, willfully places or causes to be placed any destructive substance in, upon, or in proximity to any such aircraft, or any aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material used or intended to be used in connection with the operation of any such aircraft, or any cargo carried or intended to be carried on any such aircraft, or otherwise makes or causes to be made any such aircraft, aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material unworkable or unusable or hazardous to work or use; or 'Whoever, with like intent, willfully sets fire to, damages, destroys, disables, or wrecks, or places or causes to be placed any destructive substance in, upon, or in proximity to any shop, supply, structure, station, depot, terminal, hanger, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus used or intended to be used in connection with the operation, loading, or unloading of any such aircraft or making any such aircraft ready for flight, or otherwise makes or causes to be made any such shop, supply, structure, station, depot, terminal, hangar, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus unworkable or unusable or hazardous to work or use; or 'Whoever, with like intent, willfully incapacitates any member of the crew of any such aircraft; or 'Whoever willfully attempts to do any of the aforesaid acts or things - 'shall be fined not more than $10,000 or imprisoned not more than twenty years, or both.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 2015 of Pub. L. 98-473, set out as a note under section 31 of this title. -CROSS- CROSS REFERENCES Destruction of property moving in commerce, see sections 1281 and 1282 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 5032 of this title; title 49 App. section 1357. ------DocID 25119 Document 17 of 127------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 32 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 32. Sentence and Judgment -STATUTE- (a) Sentence. (1) Imposition of Sentence. Sentence shall be imposed without unnecessary delay, but the court may, when there is a factor important to the sentencing determination that is not then capable of being resolved, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. Prior to the sentencing hearing, the court shall provide the counsel for the defendant and the attorney for the Government with notice of the probation officer's determination, pursuant to the provisions of subdivision (c)(2)(B), of the sentencing classifications and sentencing guideline range believed to be applicable to the case. At the sentencing hearing, the court shall afford the counsel for the defendant and the attorney for the Government an opportunity to comment upon the probation officer's determination and on other matters relating to the appropriate sentence. Before imposing sentence, the court shall also - (A) determine that the defendant and defendant's counsel have had the opportunity to read and discuss the presentence investigation report made available pursuant to subdivision (c)(3)(A) or summary thereof made available pursuant to subdivision (c)(3)(B); (B) afford counsel for the defendant an opportunity to speak on behalf of the defendant; and (C) address the defendant personally and determine if the defendant wishes to make a statement and to present any information in mitigation of the sentence. The attorney for the Government shall have an equivalent opportunity to speak to the court. Upon a motion that is jointly filed by the defendant and by the attorney for the Government, the court may hear in camera such a statement by the defendant, counsel for the defendant, or the attorney for the Government. (2) Notification of Right To Appeal. After imposing sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of the defendant's right to appeal, including any right to appeal the sentence, and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis. There shall be no duty on the court to advise the defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere, except that the court shall advise the defendant of any right to appeal the sentence. If the defendant so requests, the clerk of the court shall prepare and file forthwith a notice of appeal on behalf of the defendant. (b) Judgment. (1) In General. A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk. (2) Criminal Forfeiture. When a verdict contains a finding of property subject to a criminal forfeiture, the judgment of criminal forfeiture shall authorize the Attorney General to seize the interest or property subject to forfeiture, fixing such terms and conditions as the court shall deem proper. (c) Presentence Investigation. (1) When Made. A probation officer shall make a presentence investigation and report to the court before the imposition of sentence unless the court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing authority pursuant to 18 U.S.C. 3553, and the court explains this finding on the record. Except with the written consent of the defendant, the report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty. (2) Report. The report of the presentence investigation shall contain - (A) information about the history and characteristics of the defendant, including prior criminal record, if any, financial condition, and any circumstances affecting the defendant's behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (B) the classification of the offense and of the defendant under the categories established by the Sentencing Commission pursuant to section 994(a) of title 28, that the probation officer believes to be applicable to the defendant's case; the kinds of sentence and the sentencing range suggested for such a category of offense committed by such a category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1); and an explanation by the probation officer of any factors that may indicate that a sentence of a different kind or of a different length from one within the applicable guideline would be more appropriate under all the circumstances; (C) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2); (D) verified information stated in a nonargumentative style containing an assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom the offense has been committed; (E) unless the court orders otherwise, information concerning the nature and extent of nonprison programs and resources available for the defendant; and (F) such other information as may be required by the court. (3) Disclosure. (A) At least 10 days before imposing sentence, unless this minimum period is waived by the defendant, the court shall provide the defendant and the defendant's counsel with a copy of the report of the presentence investigation, including the information required by subdivision (c)(2) but not including any final recommendation as to sentence, and not to the extent that in the opinion of the court the report contains diagnostic opinions, (FOOTNOTE 2) which if disclosed, might seriously disrupt a program of rehabilitation; or sources of information obtained upon a promise of confidentiality; or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons. The court shall afford the defendant and the defendant's counsel an opportunity to comment on the report and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in it. (FOOTNOTE 2) So in original. The comma probably should follow the word 'which'. (B) If the court is of the view that there is information in the presentence report which should not be disclosed under subdivision (c)(3)(A) of this rule, the court in lieu of making the report or part thereof available shall state orally or in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the defendant and the defendant's counsel an opportunity to comment thereon. The statement may be made to the parties in camera. (C) Any material which may be disclosed to the defendant and the defendant's counsel shall be disclosed to the attorney for the government. (D) If the comments of the defendant and the defendant's counsel or testimony or other information introduced by them allege any factual inaccuracy in the presentence investigation report or the summary of the report or part thereof, the court shall, as to each matter controverted, make (i) a finding as to the allegation, or (ii) a determination that no such finding is necessary because the matter controverted will not be taken into account in sentencing. A written record of such findings and determinations shall be appended to and accompany any copy of the presentence investigation report thereafter made available to the Bureau of Prisons. (E) The reports of studies and recommendations contained therein made by the Director of the Bureau of Prisons pursuant to 18 U.S.C. Sec. 3552(b) shall be considered a presentence investigation within the meaning of subdivision (c)(3) of this rule. (d) Plea Withdrawal. If a motion for withdrawal of a plea of guilty or nolo contendere is made before sentence is imposed, the court may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason. At any later time, a plea may be set aside only on direct appeal or by motion under 28 U.S.C. Sec. 2255. (e) Probation. After conviction of an offense not punishable by death or by life imprisonment, the defendant may be placed on probation if permitted by law. ((f) Revocation of Probation.) (Abrogated Apr. 30, 1979, eff. Dec. 1, 1980) -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, Pub. L. 94-64, Sec. 3(31)-(34), 89 Stat. 376; Apr. 30, 1979, eff. Aug. 1, 1979, and Dec. 1, 1980; Oct. 12, 1982, Pub. L. 97-291, Sec. 3, 96 Stat. 1249; Apr. 28, 1983, eff. Aug. 1, 1983; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 215(a), 98 Stat. 2014; Nov. 10, 1986, Pub. L. 99-646, Sec. 25(a), 100 Stat. 3597; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This rule is substantially a restatement of existing procedure. Rule I of the Criminal Appeals Rules of 1933, 292 U.S. 661. See Rule 43 relating to the presence of the defendant. Note to Subdivision (b). This rule is substantially a restatement of existing procedure. Rule I of the Criminal Appeals Rules of 1933, 292 U.S. 661. Note to Subdivision (c). The purpose of this provision is to encourage and broaden the use of presentence investigations, which are now being utilized to good advantage in many cases. See, 'The Presentence Investigation' published by Administrative Office of the United States Courts, Division of Probation. Note to Subdivision (d). This rule modifies existing practice by abrogating the ten-day limitation on a motion for leave to withdraw a plea of guilty. See Rule II (4) of the Criminal Appeals Rules of 1933, 292 U.S. 661. Note to Subdivision (e). See 18 U.S.C. 724 et seq. (now 3651 et seq.). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a)(1). - The amendment writes into the rule the holding of the Supreme Court that the court before imposing sentence must afford an opportunity to the defendant personally to speak in his own behalf. See Green v. United States, 365 U.S. 301 (1961); Hill v. United States, 368 U.S. 424 (1962). The amendment also provides an opportunity for counsel to speak on behalf of the defendant. Subdivision (a)(2). - This amendment is a substantial revision and a relocation of the provision originally found in Rule 37(a)(2): 'When a court after trial imposes sentence upon a defendant not represented by counsel, the defendant shall be advised of his right to appeal and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on behalf of the defendant.' The court is required to advise the defendant of his right to appeal in all cases which have gone to trial after plea of not guilty because situations arise in which a defendant represented by counsel at the trial is not adequately advised by such counsel of his right to appeal. Trial counsel may not regard his responsibility as extending beyond the time of imposition of sentence. The defendant may be removed from the courtroom immediately upon sentence and held in custody under circumstances which make it difficult for counsel to advise him. See, e.g., Hodges v. United States, 368 U.S. 139 (1961). Because indigent defendants are most likely to be without effective assistance of counsel at this point in the proceedings, it is also provided that defendants be notified of the right of a person without funds to apply for leave to appeal in forma pauperis. The provision is added here because this rule seems the most appropriate place to set forth a procedure to be followed by the court at the time of sentencing. Subdivision (c)(2). - It is not a denial of due process of law for a court in sentencing to rely on a report of a presentence investigation without disclosing such report to the defendant or giving him an opportunity to rebut it. Williams v. New York, 337 U.S. 241 (1949); Williams v. Oklahoma, 358 U.S. 576 (1959). However, the question whether as a matter of policy the defendant should be accorded some opportunity to see and refute allegations made in such reports has been the subject of heated controversy. For arguments favoring disclosure, see Tappan. Crime, Justice, and Correction, 558 (1960); Model Penal Code, 54-55 (Tent. Draft No. 2, 1954); Thomsen, Confidentiality of the Presentence Report: A Middle Position, 28 Fed.Prob., March 1964, p. 8; Wyzanski, A Trial Judge's Freedom and Responsibility, 65 Harv.L.Rev. 1281, 1291-2 (1952); Note, Employment of Social Investigation Reports in Criminal and Juvenile Proceedings, 58 Colum.L.Rev. 702 (1958); cf. Kadish, The Advocate and the Expert: Counsel in the Peno-Correctional Process, 45 Minn.L.Rev. 803, 806, (1961). For arguments opposing disclosure, see Barnett and Gronewold, Confidentiality of the Presentence Report, 26 Fed.Prob. March 1962, p. 26; Judicial Conference Committee on Administration of the Probation System, Judicial Opinion on Proposed Change in Rule 32(c) of the Federal Rules of Criminal Procedure - a Survey (1964); Keve, The Probation Officer Investigates, 6-15 (1960); Parsons, The Presentence Investigation Report Must be Preserved as a Confidential Document, 28 Fed.Prob. March 1964, p. 3; Sharp, The Confidential Nature of Presentence Reports, 5 Cath.U.L.Rev. 127 (1955); Wilson, A New Arena is Emerging to Test the Confidentiality of Presentence Reports, 25 Fed.Prob. Dec. 1961, p. 6; Federal Judge's Views on Probation Practices, 24 Fed.Prob. March 1960, p. 10. In a few jurisdictions the defendant is given a right of access to the presentence report. In England and California a copy of the report is given to the defendant in every case. English Criminal Justice Act of 1948, 11 & 12 Geo. 6, c. 58, Sec. 43; Cal.Pen.C. Sec. 1203. In Alabama the defendant has a right to inspect the report. Ala. Code, Title 42, Sec. 23. In Ohio and Virginia the probation officer reports in open court and the defendant is given the right to examine him on his report. Ohio Rev. Code, Sec. 2947.06; Va. Code, Sec. 53-278.1. The Minnesota Criminal Code of 1963, Sec. 609.115(4), provides that any presentence report 'shall be open for inspection by the prosecuting attorney and the defendant's attorney prior to sentence and on the request of either of them a summary hearing in chambers shall be held on any matter brought in issue, but confidential sources of information shall not be disclosed unless the court otherwise directs.' Cf. Model Penal Code Sec. 7.07(5) (P.O.D. 1962): 'Before imposing sentence, the Court shall advise the defendant or his counsel of the factual contents and the conclusions of any presentence investigation or psychiatric examination and afford fair opportunity, if the defendant so requests, to controvert them. The sources of confidential information need not, however, be disclosed.' Practice in the federal courts is mixed, with a substantial minority of judges permitting disclosure while most deny it. See the recent survey prepared for the Judicial Conference of the District of Columbia by the Junior Bar Section of the Bar Association of the District of Columbia, reported in Conference Papers on Discovery in Federal Criminal Cases, 33 F.R.D. 101, 125-127 (1963). See also Gronewold, Presentence Investigation Practices in the Federal Probation System, Fed.Prob. Sept. 1958, pp. 27, 31. For divergent judicial opinions see Smith v. United States, 223 F.2d 750, 754 (5th Cir. 1955) (supporting disclosure); United States v. Durham, 181 F.Supp. 503 (D.D.C. 1960) (supporting secrecy). Substantial objections to compelling disclosure in every case have been advanced by federal judges, including many who in practice often disclose all or parts of presentence reports. See Judicial Conference Committee on the Administration of the Probation System, Judicial Opinion on Proposed Change in Rule 32(c) of the Federal Rules of Criminal Procedure - A Survey (1964). Hence, the amendment goes no further than to make it clear that courts may disclose all or part of the presentence report to the defendant or to his counsel. It is hoped that courts will make increasing use of their discretion to disclose so that defendants generally may be given full opportunity to rebut or explain facts in presentence reports which will be material factors in determining sentences. For a description of such a practice in one district, see Thomsen, Confidentiality of the Presentence Report: A Middle Position, 28 Fed.Prob., March 1964, p. 8. It is also provided that any material disclosed to the defendant or his counsel shall be disclosed to the attorney for the government. Such disclosure will permit the government to participate in the resolution of any factual questions raised by the defendant. Subdivision (f). - This new subdivision writes into the rule the procedure which the cases have derived from the provision in 18 U.S.C. Sec. 3653 that a person arrested for violation of probation 'shall be taken before the court' and that thereupon the court may revoke the probation. See Escoe v. Zerbst, 295 U.S. 490 (1935); Brown v. United States, 236 F.2d 253 (9th Cir. 1956) certiorari denied 356 U.S. 922 (1958). Compare Model Penal Code Sec. 301.4 (P.O.D. 1962); Hink, The Application of Constitutional Standards of Protection to Probation, 29 U.Chi.L.Rev. 483 (1962). NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (b)(2) is new. It is intended to provide procedural implementation of the recently enacted criminal forfeiture provisions of the Organized Crime Control Act of 1970, Title IX, Sec. 1963, and the Comprehensive Drug Abuse Prevention and Control Act of 1970, Title II, Sec. 408(a)(2). 18 U.S.C. Sec. 1963(c) provides for property seizure and disposition. In part it states: (c) Upon conviction of a person under this section, the court shall authorize the Attorney General to seize all property or other interest declared forfeited under this section upon such terms and conditions as the court shall deem proper. Although not specifically provided for in the Comprehensive Drug Abuse Prevention and Control Act of 1970, the provision of Title II, Sec. 408(a)(2) forfeiting 'profits' or 'interest' will need to be implemented procedurally, and therefore new rule 32(b)(2) will be applicable also to that legislation. For a brief discussion of the procedural implications of a criminal forfeiture, see Advisory Committee Note to rule 7(c)(2). NOTES OF ADVISORY COMMITTEE ON RULES - 1974 AMENDMENT Subdivision (a)(1) is amended by deleting the reference to commitment or release pending sentencing. This issue is dealt with explicitly in the proposed revision of rule 46(c). Subdivision (a)(2) is amended to make clear that there is no duty on the court to advise the defendant of the right to appeal after sentence is imposed following a plea of guilty or nolo contendere. To require the court to advise the defendant of a right to appeal after a plea of guilty, accepted pursuant to the increasingly stringent requirements of rule 11, is likely to be confusing to the defendant. See American Bar Association Standards Relating to Criminal Appeals Sec. 2.1(b) (Approved Draft, 1970), limiting the court's duty to advice to 'contested cases.' The Advisory Committee is of the opinion that such advice, following a sentence imposed after a plea of guilty, will merely tend to build false hopes and encourage frivolous appeals, with the attendant expense to the defendant or the taxpayers. Former rule 32(a)(2) imposes a duty only upon conviction after 'trial on a plea of not guilty.' The few federal cases dealing with the question have interpreted rule 32(a)(2) to say that the court has no duty to advise defendant of his right to appeal after conviction following a guilty plea. Burton v. United States, 307 F.Supp. 448, 450 (D.Ariz. 1970); Alaway v. United States, 280 F.Supp. 326, 336 (C.D.Calif. 1968); Crow v. United States, 397 F.2d 284, 285 (10th Cir. 1968). Prior to the 1966 amendment of rule 32, the court's duty was even more limited. At that time (rule 37(a)(2)) the court's duty to advise was limited to those situations in which sentence was imposed after trial upon a not guilty plea of a defendant not represented by counsel. 8A J. Moore, Federal Practice 32.01(3) (2d ed. Cipes 1969); C. Wright, Federal Practice and Procedure: Criminal Sec. 528 (1969); 5 L. Orfield, Criminal Procedure Under the Federal Rules Sec. 32:11 (1967). With respect to appeals in forma pauperis, see appellate rule 24. Subdivision (c)(1) makes clear that a presentence report is required except when the court otherwise directs for reasons stated of record. The requirement of reasons on the record for not having a presentence report is intended to make clear that such a report ought to be routinely required except in cases where there is a reason for not doing so. The presentence report is of great value for correctional purposes and will serve as a valuable aid in reviewing sentences to the extent that sentence review may be authorized by future rule change. For an analysis of the current rule as it relates to the situation in which a presentence investigation is required, see C. Wright, Federal Practice and Procedure: Criminal Sec. 522 (1969); 8A J. Moore, Federal Practice 32.03(1) (2d ed. Cipes 1969). Subdivision (c)(1) is also changed to permit the judge, after obtaining defendant's consent, to see the presentence report in order to decide whether to accept a plea agreement, and also to expedite the imposition of sentence in a case in which the defendant has indicated that he may plead guilty or nolo contendere. Former subdivision (c)(1) provides that 'The report shall not be submitted to the court * * * unless the defendant has pleaded guilty * * *.' This precludes a judge from seeing a presentence report prior to the acceptance of the plea of guilty. L. Orfield, Criminal Procedure Under the Federal Rules Sec. 32:35 (1967); 8A J. Moore, Federal Practice 32.03(2), p. 32-22 (2d ed. Cipes 1969); C. Wright, Federal Practice and Procedure: Criminal Sec. 523, p. 392 (1969); Gregg v. United States, 394 U.S. 489, 89 S.Ct. 1134, 22 L.Ed.2d 442 (1969). Because many plea agreements will deal with the sentence to be imposed, it will be important, under rule 11, for the judge to have access to sentencing information as a basis for deciding whether the plea agreement is an appropriate one. It has been suggested that the problem be dealt with by allowing the judge to indicate approval of the plea agreement subject to the condition that the information in the presentence report is consistent with what he has been told about the case by counsel. See American Bar Association, Standards Relating to Pleas of Guilty Sec. 3.3 (Approved Draft, 1963); President's Commission on Law Enforcement and Administration of Justice. The Challenge of Crime in a Free Society 136 (1967). Allowing the judge to see the presentence report prior to his decision as to whether to accept the plea agreement is, in the view of the Advisory Committee, preferable to a conditional acceptance of the plea. See Enker, Perspectives on Plea Bargaining, Appendix A of President's Commission on Law Enforcement and Administration of Justice, Task Force Report: The Courts at 117 (1967). It enables the judge to have all of the information available to him at the time he is called upon to decide whether or not to accept the plea of guilty and thus avoids the necessity of a subsequent appearance whenever the information is such that the judge decides to reject the plea agreement. There is presently authority to have a presentence report prepared prior to the acceptance of the plea of guilty. In Gregg v. United States, 394 U.S. 489, 491, 89 S.Ct. 1134 22 L.Ed.2d 442 (1969), the court said that the 'language (of rule 32) clearly permits the preparation of a presentence report before guilty plea or conviction * * *.' In footnote 3 the court said: The history of the rule confirms this interpretation. The first Preliminary Draft of the rule would have required the consent of the defendant or his attorney to commence the investigation before the determination of guilt. Advisory Committee on Rules of Criminal Procedure, Fed.Rules Crim.Proc., Preliminary Draft 130, 133 (1943). The Second Preliminary Draft omitted this requirement and imposed no limitation on the time when the report could be made and submitted to the court. Advisory Committee on Rules of Criminal Procedure, Fed.Rules Crim.Proc. Second Preliminary Draft 126-128 (1944). The third and final draft, which was adopted as Rule 32, was evidently a compromise between those who opposed any time limitation, and those who preferred that the entire investigation be conducted after determination of guilt. See 5 L. Orfield, Criminal Procedure Under the Federal Rules Sec. 32.2 (1967). Where the judge rejects the plea agreement after seeing the presentence report, he should be free to recuse himself from later presiding over the trial of the case. This is left to the discretion of the judge. There are instances involving prior convictions where a judge may have seen a presentence report, yet can properly try a case on a plea of not guilty. Webster v. United States, 330 F.Supp. 1080 (D.C., 1971). Unlike the situation in Gregg v. United States, subdivision (e)(3) provides for disclosure of the presentence report to the defendant, and this will enable counsel to know whether the information thus made available to the judge is likely to be prejudicial. Presently trial judges who decide pretrial motions to suppress illegally obtained evidence are not, for that reason alone, precluded from presiding at a later trial. Subdivision (c)(3)(A) requires disclosure of presentence information to the defense, exclusive of any recommendation of sentence. The court is required to disclose the report to defendant or his counsel unless the court is of the opinion that disclosure would seriously interfere with rehabilitation, compromise confidentiality, or create risk of harm to the defendant or others. Any recommendation as to sentence should not be disclosed as it may impair the effectiveness of the probation officer if the defendant is under supervision on probation or parole. The issue of disclosure of presentence information to the defense has been the subject of recommendations from the Advisory Committee in 1944, 1962, 1964, and 1966. The history is dealt with in considerable detail in C. Wright, Federal Practice and Procedure: Criminal Sec. 524 (1969), and 8A J. Moore, Federal Practice 32.03(4) (2d ed. Cipes 1969). In recent years, three prestigious organizations have recommended that the report be disclosed to the defense. See American Bar Association, Standards Relating to Sentencing Alternatives and Procedures Sec. 4.4 (Approved Draft, 1968); American Law Institute Model Penal Code Sec. 7.07(5) (P.O.D. 1962); National Council on Crime and Delinquency, Model Sentencing Act Sec. 4 (1963). This is also the recommendation of the President's Commission on Law Enforcement and Administration of Justice. The Challenge of Crime in a Free Society (1967) at p. 145. In the absence of compelling reasons for nondisclosure of special information, the defendant and his counsel should be permitted to examine the entire presentence report. The arguments for and against disclosure are well known and are effectively set forth in American Bar Association Standards Relating to Sentencing Alternatives and Procedures, Sec. 4.4 Commentary at pp. 214-225 (Approved Draft, 1968). See also Lehrich, The Use and Disclosure of Presentence Reports in the United States, 47 F.R.D. 225 (1969). A careful account of existing practices in Detroit, Michigan and Milwaukee, Wisconsin is found in R. Dawson, Sentencing (1969). Most members of the federal judiciary have, in the past, opposed compulsory disclosure. See the view of District Judge Edwin M. Stanley, American Bar Association Standards Relating to Sentencing Alternatives and Procedures. Appendix A. (Appendix A also contains the results of a survey of all federal judges showing that the clear majority opposed disclosure.) The Advisory Committee is of the view that accuracy of sentencing information is important not only to the defendant but also to effective correctional treatment of a convicted offender. The best way of insuring accuracy is disclosure with an opportunity for the defendant and counsel to point out to the court information thought by the defense to be inaccurate, incomplete, or otherwise misleading. Experience in jurisdictions which require disclosure does not lend support to the argument that disclosure will result in less complete presentence reports or the argument that sentencing procedures will become unnecessarily protracted. It is not intended that the probation officer would be subjected to any rigorous examination by defense counsel, or that he will even be sworn to testify. The proceedings may be very informal in nature unless the court orders a full hearing. Subdivision (c)(3)(B) provides for situations in which the sentencing judge believes that disclosure should not be made under the criteria set forth in subdivision (c)(3)(A). He may disclose only a summary of that factual information 'to be relied on in determining sentence.' This is similar to the proposal of the American Bar Association Standards Relating to Sentencing Alternatives and Procedures Sec. 4.4(b) and Commentary at pp. 216-224. Subdivision (c)(3)(D) provides for the return of disclosed presentence reports to insure that they do not become available to unauthorized persons. See National Council on Crime and Delinquency, Model Sentencing Act Sec. 4 (1963): 'Such reports shall be part of the record but shall be sealed and opened only on order of the court.' Subdivision (c)(3)(E) makes clear that diagnostic studies under 18 U.S.C. Sec. 4208(b), 5010(c), or 5034 are covered by this rule and also that 18 U.S.C. Sec. 4252 is included within the disclosure provisions of subdivision (c). Section 4252 provides for the presentence examination of an 'eligible offender' who is believed to be an addict to determine whether 'he is an addict and is likely to be rehabilitated through treatment.' Both the Organized Crime Control Act of 1970 (Sec. 3775(b)) and the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Sec. 409(b)) have special provisions for presentence investigation in the implementation of the dangerous special offender provision. It is however, unnecessary to incorporate them by reference in rule 32 because each contains a specific provision requiring disclosure of the presentence report. The judge does have authority to withhold some information 'in extraordinary cases' provided notice is given the parties and the court's reasons for withholding information are made part of the record. Subdivision (e) is amended to clarify the meaning. NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 94-247; 1975 AMENDMENT A. Amendments Proposed by the Supreme Court Rule 32 of the Federal Rules of Criminal Procedure deals with sentencing matters. Proposed subdivision (a)(2) provides that the court is not dutybound to advise the defendant of a right to appeal when the sentence is imposed following a plea of guilty or nolo contendere. Proposed subdivision (e) provides that the probation service must make a presentence investigation and report unless the court orders otherwise 'for reasons stated on the record.' The presentence report will not be submitted to the court until after the defendant pleads nolo contendere or guilty, or is found guilty, unless the defendant consents in writing. Upon the defendant's request, the court must permit the defendant to read the presentence report, except for the recommendation as to sentence. However, the court may decline to let the defendant read the report if it contains (a) diagnostic opinion that might seriously disrupt a rehabilitation program, (b) sources of information obtained upon a promise of confidentiality, or (c) any other information that, if disclosed, might result in harm to the defendant or other persons. The court must give the defendant an opportunity to comment upon the presentence report. If the court decides that the defendant should not see the report, then it must provide the defendant, orally or in writing, a summary of the factual information in the report upon which it is relying in determining sentence. No party may keep the report or make copies of it. B. Committee Action. The Committee added language to subdivision (a)(1) to provide that the attorney for the government may speak to the court at the time of sentencing. The language does not require that the attorney for the government speak but permits him to do so if he wishes. The Committee recast the language of subdivision (c)(1), which defines when presentence reports must be obtained. The Committee's provision makes it more difficult to dispense with a presentence report. It requires that a presentence report be made unless (a) the defendant waives it, or (b) the court finds that the record contains sufficient information to enable the meaningful exercise of sentencing discretion and explains this finding on the record. The Committee believes that presentence reports are important aids to sentencing and should not be dispensed with easily. The Committee added language to subdivision (c)(3)(A) that permits a defendant to offer testimony or information to rebut alleged factual inaccuracies in the presentence report. Since the presentence report is to be used by the court in imposing sentence and since the consequence of any significant inaccuracy can be very serious to the defendant, the Committee believes that it is essential that the presentence report be completely accurate in every material respect. The Committee's addition to subdivision (c)(3)(A) will help insure the accuracy of the presentence report. The Committee added language to subdivision (c)(3)(D) that gives the court the discretion to permit either the prosecutor or the defense counsel to retain a copy of the presentence report. There may be situations when it would be appropriate for either or both of the parties to retain the presentence report. The Committee believes that the rule should give the court the discretion in such situations to permit the parties to retain their copies. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT Note to Subdivision (c)(3)(E). The amendment to rule 32(c)(3)(E) is necessary in light of recent changes in the applicable statutes. Note to Subdivision (f). This subdivision is abrogated. The subject matter is now dealt with in greater detail in proposed new rule 32.1. NOTES OF ADVISORY COMMITTEE ON RULES - 1983 AMENDMENT Note to Subdivision (a)(1). Subdivision (a)(1) has been amended so as to impose upon the sentencing court the additional obligation of determining that the defendant and his counsel have had an opportunity to read the presentence investigation report or summary thereof. This change is consistent with the amendment of subdivision (c)(3), discussed below, providing for disclosure of the report (or, in the circumstances indicated, a summary thereof) to both defendant and his counsel without request. This amendment is also consistent with the findings of a recent empirical study that under present rule 32 meaningful disclosure is often lacking and 'that some form of judicial prodding is necessary to achieve full disclosure.' Fennell & Hall, Due Process at Sentencing: An Empirical and Legal Analysis of the Disclosure of Presentence Reports in Federal Courts, 93 Harv.L.Rev. 1613, 1651 (1980): The defendant's interest in an accurate and reliable presentence report does not cease with the imposition of sentence. Rather, these interests are implicated at later stages in the correctional process by the continued use of the presentence report as a basic source of information in the handling of the defendant. If the defendant is incarcerated, the presentence report accompanies him to the correctional institution and provides background information for the Bureau of Prisons' classification summary, which, in turn, determines the defendant's classification within the facility, his ability to obtain furloughs, and the choice of treatment programs. The presentence report also plays a crucial role during parole determination. Section 4207 of the Parole Commission and Reorganization Act directs the parole hearing examiner to consider, if available, the presentence report as well as other records concerning the prisoner. In addition to its general use as background at the parole hearing, the presentence report serves as the primary source of information for calculating the inmate's parole guideline score. Though it is thus important that the defendant be aware now of all these potential uses, the Advisory Committee has considered but not adopted a requirement that the trial judge specifically advise the defendant of these matters. The Committee believes that this additional burden should not be placed upon the trial judge, and that the problem is best dealt with by a form attached to the presentence report, to be signed by the defendant, advising of these potential uses of the report. This suggestion has been forwarded to the Probation Committee of the Judicial Conference. Note to Subdivision (c)(3)(A), (B) & (C). Three important changes are made in subdivision (c)(3): disclosure of the presentence report is no longer limited to those situations in which a request is made; disclosure is now provided to both defendant and his counsel; and disclosure is now required a reasonable time before sentencing. These changes have been prompted by findings in a recent empirical study that the extent and nature of disclosure of the presentence investigation report in federal courts under current rule 32 is insufficient to ensure accuracy of sentencing information. In 14 districts, disclosure is made only on request, and such requests are received in fewer than 50% of the cases. Forty-two of 92 probation offices do not provide automatic notice to defendant or counsel of the availability of the report; in 18 districts, a majority of the judges do not provide any notice of the availability of the report, and in 20 districts such notice is given only on the day of sentencing. In 28 districts, the report itself is not disclosed until the day of sentencing in a majority of cases. Thirty-one courts generally disclose the report only to counsel and not to the defendant, unless the defendant makes a specific request. Only 13 districts disclose the presentence report to both defendant and counsel prior to the day of sentencing in 90% or more of the cases. Fennell & Hall, supra, at 1640-49. These findings make it clear that rule 32 in its present form is failing to fulfill its purpose. Unless disclosure is made sufficiently in advance of sentencing to permit the assertion and resolution of claims of inaccuracy prior to the sentencing hearing, the submission of additional information by the defendant when appropriate, and informed comment on the presentence report, the purpose of promoting accuracy by permitting the defendant to contest erroneous information is defeated. Similarly, if the report is not made available to the defendant and his counsel in a timely fashion, and if disclosure is only made on request, their opportunity to review the report may be inadequate. Finally, the failure to disclose the report to the defendant, or to require counsel to review the report with the defendant, significantly reduces the likelihood that false statements will be discovered, as much of the content of the presentence report will ordinarily be outside the knowledge of counsel. The additional change to subdivision (c)(3)(C) is intended to make it clear that the government's right to disclosure does not depend upon whether the defendant elects to exercise his right to disclosure. Note to Subdivision (c)(3)(D). Subdivision (c)(3)(D) is entirely new. It requires the sentencing court, as to each matter controverted, either to make a finding as to the accuracy of the challanged factual proposition or to determine that no reliance will be placed on that proposition at the time of sentencing. This new provision also requires that a record of this action accompany any copy of the report later made available to the Bureau of Prisons or Parole Commission. As noted above, the Bureau of Prisons and the Parole Commission make substantial use of the presentence investigation report. Under current practice, this can result in reliance upon assertions of fact in the report in the making of critical determinations relating to custody or parole. For example, it is possible that the Bureau or Commission, in the course of reaching a decision on such matters as institution assignment, eligibility for programs, or computation of salient factors, will place great reliance upon factual assertions in the report which are in fact untrue and which remained unchallenged at the time of the sentencing because defendant or his counsel deemed the error unimportant in the sentencing context (e.g., where the sentence was expected to conform to an earlier plea agreement, or where the judge said he would disregard certain controverted matter in setting the sentence). The first sentence of new subdivision (c)(3)(D) is intended to ensure that a record is made as to exactly what resolution occurred as to controverted matter. The second sentence is intended to ensure that this record comes to the attention of the Bureau or Commission when these agencies utilize the presentence investigation report. In current practice, 'less than one-fourth of the district courts (twenty of ninety-two) communicate to the correctional agencies the defendant's challenges to information in the presentence report and the resolution of these challenges.' Fennell & Hall, supra, at 1680. New subdivision (c)(3)(D) does not impose an onerous burden. It does not even require the preparation of a transcript. As is now the practice in some courts, these findings and determinations can be simply entered onto a form which is then appended to the report. Note to Subdivision (c)(3)(E) & (F). Former subdivisions (c)(3)(D) and (E) have been renumbered as (c)(3)(E) and (F). The only change is in the former, necessitated because disclosure is now to defendant and his counsel. The issue of access to the presentence report at the institution was discussed by the Advisory Committee, but no action was taken on that matter because it was believed to be beyond the scope of the rule-making power. Rule 32 in its present form does not speak to this issue, and thus the Bureau of Prisons and the Parole Commission are free to make provision for disclosure to inmates and their counsel. Note to Subdivision (d). The amendment to Rule 32(d) is intended to clarify (i) the standard applicable to plea withdrawal under this rule, and (ii) the circumstances under which the appropriate avenue of relief is other than a withdrawal motion under this rule. Both of these matters have been the source of considerable confusion under the present rule. In its present form, the rule declares that a motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed, but then states the standard for permitting withdrawal after sentence. In fact, 'there is no limitation upon the time within which relief thereunder may, after sentencing, be sought.' United States v. Watson, 548 F.2d 1058 (D.C.Cir. 1977). It has been critically stated that 'the Rule offers little guidance as to the applicable standard for a pre-sentence withdrawal of plea,' United States v. Michaelson, 552 F.2d 472 (2d Cir. 1977), and that as a result 'the contours of (the presentence) standard are not easily defined.' Bruce v. United States, 379 F.2d 113 (D.C.Cir. 1967). By replacing the 'manifest injustice' standard with a requirement that, in cases to which it applied, the defendant must (unless taking a direct appeal) proceed under 28 U.S.C. Sec. 2255, the amendment avoids language which has been a cause of unnecessary confusion. Under the amendment, a defendant who proceeds too late to come under the more generous 'fair and just reason' standard must seek relief under Sec. 2255, meaning the applicable standard is that stated in Hill v. United States, 368 U.S. 424 (1962): 'a fundamental defect which inherently results in a complete miscarriage of justice' or 'an omission inconsistent with the rudimentary demands of fair procedure.' Some authority is to be found to the effect that the rule 32(d) 'manifest injustice' standard is indistinguishable from the Sec. 2255 standard. In United States v. Hamilton, 553 F.2d 63 (10th Cir. 1977), for example, the court, after first concluding defendant was not entitled to relief under the Sec. 2255 'miscarriage of justice' test, then held that '(n)othing is to be gained by the invocation of Rule 32(d)' and its manifest injustice' standard. Some courts, however, have indicated that the rule 32(d) standard provides a somewhat broader basis for relief than Sec. 2255. United States v. Dabdoub-Diaz, 599 F.2d 96 (5th Cir. 1979); United States v. Watson, 548 F.2d 1058 (D.C.Cir. 1977): Meyer v. United States, 424 F.2d 1181 (8th Cir.1970); United States v. Kent, 397 F.2d 446 (7th Cir. 1968). It is noteworthy, however, that in Dabdoub-Diaz, Meyer and Kent the defendant did not prevail under either Sec. 2255 or Rule 32(d), and that in Watson, though the Sec. 2255 case was remanded for consideration as a 32(d) motion, defendant's complaint (that he was not advised of the special parole term, though the sentence he received did not exceed that he was warned about by the court) was one as to which relief had been denied even upon direct appeal from the conviction. United States v. Peters, No. 77-1700 (4th Cir. Dec. 22, 1978). Indeed, it may more generally be said that the results in Sec. 2255 and 32(d) guilty plea cases have been for the most part the same. Relief has often been granted or recognized as available via either of these routes for essentially the same reasons: that there exists a complete constitutional bar to conviction on the offense charged, Brooks v. United States, 424 F.2d 425 (5th Cir. 1970) (Sec. 2255), United States v. Bluso, 519 F.2d 473 (4th Cir. 1975) (Rule 32); that the defendant was incompetent at the time of his plea, United States v. Masthers, 539 F.2d 721 (D.C.Cir. 1976) (Sec. 2255), Kienlen v. United States, 379 F.2d 20 (10th Cir. 1967) (Rule 32); and that the bargain the prosecutor made with defendant was not kept, Walters v. Harris, 460 F.2d 988 (4th Cir. 1972) (Sec. 2255), United States v. Hawthorne, 502 F.2d 1183 (3rd Cir. 1974) (Rule 32). Perhaps even more significant is the fact that relief has often been denied under like circumstances whichever of the two procedures was used: a mere technical violation of Rule 11, United States v. Timmreck, 441 U.S. 780 (1979) (Sec. 2255), United States v. Saft, 558 F.2d 1073 (2d Cir. 1977) (Rule 32); the mere fact defendants expected a lower sentence, United States v. White, 572 F.2d 1007 (4th Cir. 1978) (Sec. 2255), Masciola v. United States, 469 F.2d 1057 (3rd Cir. 1972) (Rule 32); or mere familial coercion, Wojtowicz v. United States, 550 F.2d 786 (2d Cir. 1977) (Sec. 2255), United States v. Bartoli, 572 F.2d 188 (8th Cir. 1978) (Rule 32). The one clear instance in which a Rule 32(d) attack might prevail when a Sec. 2255 challenge would not is present in those circuits which have reached the questionable result that post-sentence relief under 32(d) is available not merely upon a showing of a 'manifest injustice' but also for any deviation from literal compliance with Rule 11. United States v. Cantor, 469 F.2d 435 (3d Cir. 1972). See Advisory Committee Note to Rule 11(h), noting the unsoundness of that position. The change in Rule 32(d), therefore, is at best a minor one in terms of how post-sentence motions to withdraw pleas will be decided. It avoids the confusion which now obtains as to whether a Sec. 2255 petition must be assumed to also be a 32(d) motion and, if so, whether this bears significantly upon how the matter should be decided. See, e.g., United States v. Watson, supra. It also avoids the present undesirable situation in which the mere selection of one of two highly similar avenues of relief, rule 32(d) or Sec. 2255, may have significant procedural consequences, such as whether the government can take an appeal from the district court's adverse ruling (possible under Sec. 2255 only). Moreover, because Sec. 2255 and Rule 32(d) are properly characterized as the 'two principal procedures for collateral attack of a federal plea conviction,' Borman, The Hidden Right to Direct Appeal From a Federal Conviction, 64 Cornell L.Rev. 319, 327 (1979), this amendment is also in keeping with the proposition underlying the Supreme Court's decision in United States v. Timmreck, supra, namely, that 'the concern with finality served by the limitation on collateral attack has special force with respect to convictions based on guilty pleas.' The amendment is likewise consistent with ALI Code of Pre-Arraignment Procedure Sec. 350.9 (1975) ('Allegations of noncompliance with the procedures provided in Article 350 shall not be a basis for review of a conviction after the appeal period for such conviction has expired, unless such review is required by the Constitution of the United States or of this State or otherwise by the law of this State other than Article 350'); ABA Standards Relating to the Administration of Criminal Justice Sec. 14-2.1 (2d ed. 1978) (using 'manifest injustice' standard, but listing six specific illustrations each of which would be basis for relief under Sec. 2255); Unif.R.Crim.P. 444(e) (Approved Draft, 1974) (using 'interest of justice' test, but listing five specific illustrations each of which would be basis for relief under Sec. 2255). The first sentence of the amended rule incorporates the 'fair and just' standard which the federal courts, relying upon dictum in Kercheval v. United States, 274 U.S. 220 (1927), have consistently applied to presentence motions. See, e.g., United States v. Strauss, 563 F.2d 127 (4th Cir. 1977); United States v. Bradin, 535 F.2d 1039 (8th Cir. 1976); United States v. Barker, 514 F.2d 208 (D.C.Cir. 1975). Under the rule as amended, it is made clear that the defendant has the burden of showing a 'fair and just' reason for withdrawal of the plea. This is consistent with the prevailing view, which is that 'the defendant has the burden of satisfying the trial judge that there are valid grounds for withdrawal,' see United States v. Michaelson, supra, and cases cited therein. (Illustrative of a reason which would meet this test but would likely fall short of the Sec. 2255 test is where the defendant now wants to pursue a certain defense which he for good reason did not put forward earlier, United States v. Barker, supra.) Although 'the terms 'fair and just' lack any pretense of scientific exactness,' United States v. Barker, supra, guidelines have emerged in the appellate cases for applying this standard. Whether the movant has asserted his legal innocence is an important factor to be weighed, United States v. Joslin, 434 F.2d 526 (D.C.Cir. 1970), as is the reason why the defenses were not put forward at the time of original pleading. United Statess v. Needles, 472 F.2d 652 (2d Cir. 1973). The amount of time which has passed between the plea and the motion must also be taken into account. A swift change of heart is itself strong indication that the plea was entered in haste and confusion * * *. By contrast, if the defendant has long delayed his withdrawal motion, and has had the full benefit of competent counsel at all times, the reasons given to support withdrawal must have considerably more force. United States v. Barker, supra. If the defendant establishes such a reason, it is then appropriate to consider whether the government would be prejudiced by withdrawal of the plea. Substantial prejudice may be present for a variety of reasons. See United States v. Jerry, 487 F.2d 600 (3d Cir. 1973) (physical evidence had been discarded); United States v. Vasquez-Velasco, 471 F.2d 294 (9th Cir. 1973) (death of chief government witness); United States v. Lombardozzi, 436 F.2d 878 (2d Cir. 1971) (other defendants with whom defendant had been joined for trial had already been tried in a lengthy trial); Farnsworth v. Sanfor, 115 F.2d 375 (5th Cir. 1940) (prosecution had dismissed 52 witnesses who had come from all over the country and from overseas bases). There is currently some disparity in the manner in which presentence motions to withdraw a guilty plea are dealt with. Some courts proceed as if any desire to withdraw the plea before sentence is 'fair and just' so long as the government fails to establish that it would be prejudiced by the withdrawal. Illustrative is United States v. Savage, 561 F.2d 554 (4th Cir. 1977), where the defendant pleaded guilty pursuant to a plea agreement that the government would recommend a sentence of 5 years. At the sentencing hearing, the trial judge indicated his unwillingness to follow the government's recommendation, so the defendant moved to withdraw his plea. That motion was denied. On appeal, the court held that there had been no violation of Rule 11, in that refusal to accept the government's recommendation does not constitute a rejection of the plea agreement. But the court then proceeded to hold that absent any showing of prejudice by the government, 'the defendant should be allowed to withdraw his plea'; only upon such a showing by the government must the court 'weigh the defendant's reasons for seeking to withdraw his plea against the prejudice which the government will suffer.' The other view is that there is no occasion to inquire into the matter of prejudice unless the defendant first shows a good reason for being allowed to withdraw his plea. As stated in United States v. Saft, 558 F.2d 1073 (2d Cir. 1977): 'The Government is not required to show prejudice when a defendant has shown no sufficient grounds for permitting withdrawal of a guilty plea, although such prejudice may be considered by the district court in exercising its discretion.' The second sentence of the amended rule, by requiring that the defendant show a 'fair and just' reason, adopts the Saft position and rejects that taken in Savage. The Savage position, as later articulated in United States v. Strauss, supra, is that the 'sounder view, supported by both the language of the rule and by the reasons for it, would be to allow withdrawal of the plea prior to sentencing unless the prosecution has been substantially prejudiced by reliance upon the defendant's plea.' (Quoting 2 C. Wright, Federal Practice and Procedure Sec. 538, at 474-75 (1969). Although that position may once have been sound, this is no longer the case in light of the recent revisions of Rule 11. Rule 11 now provides for the placing of plea agreements on the record, for full inquiry into the voluntariness of the plea, for detailed advice to the defendant concerning his rights and the consequences of his plea and a determination that the defendant understands these matters, and for a determination of the accuracy of the plea. Given the great care with which pleas are taken under this revised Rule 11, there is no reason to view pleas so taken as merely 'tentative,' subject to withdrawal before sentence whenever the government cannot establish prejudice. Were withdrawal automatic in every case where the defendant decided to alter his tactics and present his theory of the case to the jury, the guilty plea would become a mere gesture, a temporary and meaningless formality reversible at the defendant's whim. In fact, however, a guilty plea is no such trifle, but 'a grave and solemn act,' which is 'accepted only with care and discernment.' United States v. Barker, supra, quoting from Brady v. United States, 397 U.S. 742 (1970). The facts of the Savage case reflect the wisdom of this position. In Savage, the defendant had entered into a plea agreement whereby he agreed to plead guilty in exchange for the government's promise to recommend a sentence of 5 years, which the defendant knew was not binding on the court. Yet, under the approach taken in Savage, the defendant remains free to renege on his plea bargain, notwithstanding full compliance therewith by the attorney for the government, if it later appears to him from the presentence report or the comments of the trial judge or any other source that the court will not follow the government's recommendation. Having bargained for a recommendation pursuant to Rule 11(e)(1)(B), the defendant should not be entitled, in effect, to unilaterally convert the plea agreement into a Rule 11(e)(1)(C) type of agreement (i.e., one with a guarantee of a specific sentence which, if not given, permits withdrawal of the plea). The first sentence of subdivision (d) provides that the motion, to be judged under the more liberal 'fair and just reason' test, must have been made before sentence is imposed, imposition of sentence is suspended, or disposition is had under 18 U.S.C. Sec. 4205(c). The latter of these has been added to the rule to make it clear that the lesser standard also governs prior to the second stage of sentencing when the judge, pursuant to that statute, has committed the defendant to the custody of the Attorney General for study pending final disposition. Several circuits have left this issue open, e.g., United States v. McCoy, 477 F.2d 550 (5th Cir. 1973); Callaway v. United States, 367 F.2d 140 (10th Cir. 1966); while some have held that a withdrawal motion filed between tentative and final sentencing should be judged against the presentence standard, United States v. Barker, 514 F.2d 208 (D.C.Cir. 1975); United States v. Thomas, 415 F.2d 1216 (9th Cir. 1969). Inclusion of the Sec. 4205(c) situation under the presentence standard is appropriate. As explained in Barker: Two reasons of policy have been advanced to explain the near-presumption which Rule 32(d) erects against post-sentence withdrawal motions. The first is that post-sentence withdrawal subverts the 'stability' of 'final judgments.' * * * The second reason is that the post-sentence withdrawal motion often constitutes a veiled attack on the judge's sentencing decision; to grant such motions in lenient fashion might undermine respect for the courts and fritter away the time and painstaking effort devoted to the sentence process. * * * Concern for the 'stability of final judgments' has little application to withdrawal motions filed between tentative and final sentencing under Section 4208(b) (now 4205(c)). The point at which a defendant's judgment of conviction becomes 'final' for purposes of appeal - whether at tentative or at final sentencing - is wholly within the defendant's discretion. * * * Concern for the integrity of the sentencing process is, however, another matter. The major point, in our view, is that tentative sentencing under Section 4208(b) (now 4205(c)) leaves the defendant ignorant of his final sentence. He will therefore be unlikely to use a withdrawal motion as an oblique attack on the judge's sentencing policy. The relative leniency of the 'fair and just' standard is consequently not out of place. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES - 1989 AMENDMENT The amendment to subdivision (a)(1) is intended to clarify that the court is expected to proceed without unnecessary delay, and that it may be necessary to delay sentencing when an applicable sentencing factor cannot be resolved at the time set for sentencing. Often, the factor will relate to a defendant's agreement to cooperate with the government. But, other factors may be capable of resolution if the court delays sentencing while additional information is generated. As currently written, the rule might imply that a delay requested by one party or suggested by the court sua sponte might be unreasonable. The amendment rids the rule of any such implication and provides the sentencing court with desirable discretion to assure that relevant factors are considered and accurately resolved. In exercising this discretion, the court retains under the amendment the authority to refuse to delay sentencing when a delay is inappropriate under the circumstances. In amending subdivision (c)(1), the Committee conformed the rule to the current practice in some courts: i.e., to permit the defendant and the prosecutor to see a presentence report prior to a plea of guilty if the court, with the written consent of the defendant, receives the report at that time. The amendment permits, but does not require, disclosure of the report with the written consent of the defendant. The amendment to change the 'reasonable time' language in subdivision (c)(3)(A) to at least 10 days prior to sentencing, unless the defendant waives the minimum period, conforms the rule to 18 U.S.C. 3552(d). Nothing in the statue (sic) or the rule prohibits a court from requiring disclosure at an earlier time before sentencing. The inclusion of a specific waiver provision is intended to conform the rule to the statute and is not intended to suggest that waiver of other rights is precluded when no specific waiver provision is set forth in a rule or portion thereof. The language requiring the court to provide the defendant and defense counsel with a copy of the presentence report complements the abrogation of subdivision (E), which had required the defense to return the probation report. Because a defendant or the government may seek to appeal a sentence, an option that is permitted under some circumstances, there will be cases in which the defendant has a need for the presentence report during the preparation of, or the response to, an appeal. This is one reason why the Committee decided that the defendant should not be required to return the nonconfidential portions of the presentence report that have been disclosed. Another reason is that district courts may find it desirable to adopt portions of the presentence report when making findings of fact under the guidelines. They would be inhibited unnecessarily from relying on careful, accurate presentence reports if such reports could not be retained by defendants. A third reason why defendant should be able to retain the reports disclosed to them is that the Supreme Court's decision in United States Department of Justice v. Julian, 486 U.S. 1 (1988), 108 S.Ct. 1606 (1988), suggests that defendants will routinely be able to secure their reports through Freedom of Information Act suits. No public interest is served by continuing to require the return of reports, and unnecessary FOIA litigation should be avoided as a result of the amendment to Rule 32. The amended rule does not direct whether the defendant or the defendant's lawyer should retain the presentence report. In exceptional cases where retention of a report in a local detention facility might pose a danger to persons housed there, the district judge may direct that the defendant not personally retain a copy of the report until the defendant has been transferred to the facility where the sentence will be served. Because the parties need not return the presentence report to the probation officer, the Solicitor General should be able to review the report in deciding whether to permit the United States to appeal a sentence under the Sentencing Reform Act of 1984, 18 U.S.C. Sec. 3551 et seq. Although the Committee was concerned about the potential unfairness of having confidential or diagnostic material included in presentence reports but not disclosed to a defendant who might be adversely affected by such material, it decided not to recommend at this time a change in the rule which would require complete disclosure. Some diagnostic material might be particularly useful when a court imposes probation, and might well be harmful to the defendant if disclosed. Moreover, some of this material might assist correctional officials in prescribing treatment programs for an incarcerated defendant. Information provided by confidential sources and information posing a possible threat of harm to third parties was particularly troubling to the Committee, since this information is often extremely negative and thus potentially harmful to a defendant. The Committee concluded, however, that it was preferable to permit the probation officer to include this information in a report so that the sentencing court may determine whether is (it) ought to be disclosed to the defendant. If the court determines that it should not be disclosed, it will have to decide whether to summarize the contents of the information or to hold that no finding as to the undisclosed information will be made because such information will not be taken into account in sentencing. Substantial due process problems may arise if a court attempts to summarize information in a presentence report, the defendant challenges the information, and the court attempts to make a finding as to the accuracy of the information without disclosing to the defendant the source of the information or the details placed before the court. In deciding not to require disclosure of everything in a presentence report, the Committee made no judgment that findings could validly be made based upon nondisclosed information. Finally, portions of the rule were gender-neutralized. 1986 AMENDMENT Subd. (c)(2)(B). Pub. L. 99-646 substituted 'from' for 'than'. 1984 AMENDMENT Subd. (a)(1). Pub. L. 98-473, Sec. 215(a)(1), substituted new subd. (a)(1) for former subd. (a)(1) which read as follows: '(a) Sentence. '(1) Imposition of Sentence. Sentence shall be imposed without unreasonable delay. Before imposing sentence the court shall '(A) determine that the defendant and the defendant's counsel have had the opportunity to read and discuss the presentence investigation report made available pursuant to subdivision (c)(3)(A) or summary thereof made available pursuant to subdivision (c)(3)(B); '(B) afford counsel an opportunity to speak on behalf of the defendant; and '(C) address the defendant personally and ask the defendant if the defendant wishes to make a statement in the defendant's own behalf and to present any information in mitigation of punishment. The attorney for the government shall have an equivalent opportunity to speak to the court.' Subd. (a)(2). Pub. L. 98-473, Sec. 215(a)(2), inserted ', including any right to appeal the sentence,' after 'right to appeal' in first sentence. Pub. L. 98-473, Sec. 215(a)(3), inserted ', except that the court shall advise the defendant of any right to appeal his sentence' after 'nolo contendere' in second sentence. Subd. (c)(1). Pub. L. 98-473, Sec. 215(a)(4), amended first sentence generally. Prior to amendment, first sentence read as follows: 'The probation service of the court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record.' Subd. (c)(2). Pub. L. 98-473, Sec. 215(a)(5), amended subd. (c)(2) generally. Prior to amendment, subd. (c)(2) read as follows: '(2) Report. The presentence report shall contain - '(A) any prior criminal record of the defendant; '(B) a statement of the circumstances of the commission of the offense and circumstances affecting the defendant's behavior; '(C) information concerning any harm, including financial, social, psychological, and physical harm, done to or loss suffered by any victim of the offense; and '(D) any other information that may aid the court in sentencing, including the restitution needs of any victim of the offense.' Subd. (c)(3)(A). Pub. L. 98-473, Sec. 215(a)(6), which directed the substitution of ', including the information required by subdivision (c)(2) but not including any final recommendation as to sentence,' for 'exclusive of any recommendations as to sentence', was executed by substituting the quotation for 'exclusive of any recommendation as to sentence' to reflect the probable intent of Congress. Subd. (c)(3)(D). Pub. L. 98-473, Sec. 215(a)(7), struck out 'or the Parole Commission' before period at end. Subd. (c)(3)(F). Pub. L. 98-473, Sec. 215(a)(8), substituted 'pursuant to 18 U.S.C. Sec. 3552(b)' for 'or the Parole Commission pursuant to 18 U.S.C. Sec. 4205(c), 4252, 5010(e), or 5037(c)'. Subd. (d). Pub. L. 98-473, Sec. 215(a)(9), struck out 'imposition of sentence is suspended, or disposition is had under 18 U.S.C. Sec. 4205(c),' after 'is imposed,'. 1982 AMENDMENT Subdiv. (c)(2). Pub. L. 97-291 substituted provision directing that the presentence report contain any prior criminal record of the defendant, a statement of the circumstances of the commission of the offense and circumstances affecting the defendant's behavior, information concerning any harm, including financial, social, psychological, and physical harm, done to or loss suffered by any victim of the offense, and any other information that may aid the court in sentencing, including the restitution need of any victim of the offense, for provision requiring that the report of the presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition and the circumstances affecting his behavior as might be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as might be required by the court. 1975 AMENDMENT Pub. L. 94-64 amended subds. (a)(1) and (c)(1), (3)(A), (D) generally. -CHANGE- CHANGE OF NAME Section 12 of Pub. L. 94-233, Mar. 15, 1976, 90 Stat. 233, provided that references to the United States Parole Board be deemed to refer to the United States Parole Commission. -MISC4- EFFECTIVE DATE OF 1986 AMENDMENT Section 25(b) of Pub. L. 99-646 provided that: 'The amendment made by subsection (a) shall take effect on the taking effect of the amendment made by section 215(a)(5) of the Comprehensive Crime Control Act of 1984 (Sec. 215(a)(5) of Pub. L. 98-473, effective Nov. 1, 1987).' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-291 effective Oct. 14, 1982, see section 9(a) of Pub. L. 97-291 set out as an Effective Date note under section 1512 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment of this rule by abrogation of subd. (f) by order of the United States Supreme Court of Apr. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. L. 96-42, July 31, 1979, 93 Stat. 326, set out as a note under section 3771 of this title. EFFECTIVE DATE OF AMENDMENTS PROPOSED APRIL 22, 1974; EFFECTIVE DATE OF 1975 AMENDMENTS Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94-64, effective Dec. 1, 1975, see section 2 of Pub. L. 94-64, set out as a note under rule 4 of these rules. -CROSS- CROSS REFERENCES Appeal as stay of sentence, see rule 38. Correction of sentence, see rule 35. Criminal contempt, punishment for, see rule 42. Expenses of execution of sentence, payments, see section 4007 of this title. Motions attacking sentence, vacating, setting aside or correcting, see section 2255 of Title 28, Judiciary and Judicial Procedure. Presence of defendant, imposition of sentence, see rule 43. Reduction of sentence, generally, see rule 35. Sentences, see section 3551 et seq. of this title. ------DocID 25120 Document 18 of 127------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 32.1 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 32.1. Revocation or Modification of Probation or Supervised Release -STATUTE- (a) Revocation of Probation or Supervised Release. (1) Preliminary Hearing. Whenever a person is held in custody on the grounds that the person has violated a condition of probation or supervised release, the person shall be afforded a prompt hearing before any judge, or a United States magistrate who has been given authority pursuant to 28 U.S.C. Sec. 636 to conduct such hearings, in order to determine whether there is probable cause to hold the person for a revocation hearing. The person shall be given (A) notice of the preliminary hearing and its purpose and of the alleged violation; (B) an opportunity to appear at the hearing and present evidence in the person's own behalf; (C) upon request, the opportunity to question witnesses against the person unless, for good cause, the federal magistrate decides that justice does not require the appearance of the witness; and (D) notice of the person's right to be represented by counsel. The proceedings shall be recorded stenographically or by an electronic recording device. If probable cause is found to exist, the person shall be held for a revocation hearing. The person may be released pursuant to Rule 46(c) pending the revocation hearing. If probable cause is not found to exist, the proceeding shall be dismissed. (2) Revocation Hearing. The revocation hearing, unless waived by the person, shall be held within a reasonable time in the district of jurisdiction. The person shall be given (A) written notice of the alleged violation; (B) disclosure of the evidence against the person; (C) an opportunity to appear and to present evidence in the person's own behalf; (D) the opportunity to question adverse witnesses; and (E) notice of the person's right to be represented by counsel. (b) Modification of Probation or Supervised Release. A hearing and assistance of counsel are required before the terms or conditions of probation or supervised release can be modified, unless the relief to be granted to the person on probation or supervised release upon the person's request or the court's own motion is favorable to the person, and the attorney for the government, after having been given notice of the proposed relief and a reasonable opportunity to object, has not objected. An extension of the term of probation or supervised release is not favorable to the person for the purposes of this rule. -SOURCE- (Added Apr. 30, 1979, eff. Dec. 1, 1980, and amended Nov. 10, 1986, Pub. L. 99-646, Sec. 12(b), 100 Stat. 3594; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a)(1). Since Morrissey v. Brewer, 408 U.S. 471 (1972), and Gagnon v. Scarpelli, 411 U.S. 778 (1973), it is clear that a probationer can no longer be denied due process in reliance on the dictum in Escoe v. Zerbst, 295 U.S. 490, 492 (1935), that probation is an 'act of grace.' See Van Alstyne, The Demise of the Right-Privilege Distinction in Constitutional Law, 81 Harv.L.Rev. 1439 (1968); President's Commission on Law Enforcement and Administration of Justice. Task Force Report: Corrections 86 (1967). Subdivision (a)(1) requires, consistent with the holding in Scarpelli, that a prompt preliminary hearing must be held whenever 'a probationer is held in custody on the ground that he has violated a condition of his probation.' See 18 U.S.C. Sec. 3653 regarding arrest of the probationer with or without a warrant. If there is to be a revocation hearing but there has not been a holding in custody for a probation violation, there need not be a preliminary hearing. It was the fact of such a holding in custody 'which prompted the Court to determine that a preliminary as well as a final revocation hearing was required to afford the petitioner due process of law.' United States v. Tucker, 524 F.2d 77 (5th Cir. 1975). Consequently, a preliminary hearing need not be held if the probationer was at large and was not arrested but was allowed to appear voluntarily, United States v. Strada, 503 F.2d 1081 (8th Cir. 1974), or in response to a show cause order which 'merely requires his appearance in court,' United States v. Langford, 369 F.Supp. 1107 (N.D.Ill. 1973); if the probationer was in custody pursuant to a new charge, Thomas v. United States, 391 F.Supp. 202 (W.D.Pa. 1975), or pursuant to a final conviction of a subsequent offense, United States v. Tucker, supra; or if he was arrested but obtained his release. Subdivision (a)(1)(A), (B) and (C) list the requirements for the preliminary hearing, as developed in Morrissey and made applicable to probation revocation cases in Scarpelli. Under (A), the probationer is to be given notice of the hearing and its purpose and of the alleged violation of probation. 'Although the allegations in a motion to revoke probation need not be as specific as an indictment, they must be sufficient to apprise the probationer of the conditions of his probation which he is alleged to have violated, as well as the dates and events which support the charge.' Kartman v. Parratt, 397 F.Supp. 531 (D.Nebr. 1975). Under (B), the probationer is permitted to appear and present evidence in his own behalf. And under (C), upon request by the probationer, adverse witnesses shall be made available for questioning unless the magistrate determines that the informant would be subjected to risk or harm if his identity were disclosed. Subdivision (a)(1)(D) provides for notice to the probationer of his right to be represented by counsel at the preliminary hearing. Although Scarpelli did not impose as a constitutional requirement a right to counsel in all instances, under 18 U.S.C. Sec. 3006A(b) a defendant is entitled to be represented by counsel whenever charged 'with a violation of probation.' The federal magistrate (see definition in rule 54(c)) is to keep a record of what transpires at the hearing and, if he finds probable cause of a violation, hold the probationer for a revocation hearing. The probationer may be released pursuant to rule 46(c) pending the revocation hearing. Note to Subdivision (a)(2). Subdivision (a)(2) mandates a final revocation hearing within a reasonable time to determine whether the probationer has, in fact, violated the conditions of his probation and whether his probation should be revoked. Ordinarily this time will be measured from the time of the probable cause finding (if a preliminary hearing was held) or of the issuance of an order to show cause. However, what constitutes a reasonable time must be determined on the facts of the particular case, such as whether the probationer is available or could readily be made available. If the probationer has been convicted of and is incarcerated for a new crime, and that conviction is the basis of the pending revocation proceedings, it would be relevant whether the probationer waived appearance at the revocation hearing. The hearing required by rule 32.1(a)(2) is not a formal trial; the usual rules of evidence need not be applied. See Morrissey v. Brewer, supra ('the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial'); Rule 1101(d)(e) of the Federal Rules of Evidence (rules not applicable to proceedings 'granting or revoking probation'). Evidence that would establish guilt beyond a reasonable doubt is not required to support an order revoking probation. United States v. Francischine, 512 F.2d 827 (5th Cir. 1975). This hearing may be waived by the probationer. Subdivisions (a)(2)(A)-(E) list the rights to which a probationer is entitled at the final revocation hearing. The final hearing is less a summary one because the decision under consideration is the ultimate decision to revoke rather than a mere determination of probable cause. Thus, the probationer has certain rights not granted at the preliminary hearing: (i) the notice under (A) must by written; (ii) under (B) disclosure of all the evidence against the probationer is required; and (iii) under (D) the probationer does not have to specifically request the right to confront adverse witnesses, and the court may not limit the opportunity to question the witnesses against him. Under subdivision (a)(2)(E) the probationer must be given notice of his right to be represented by counsel. Although Scarpelli holds that the Constitution does not compel counsel in all probation revocation hearings, under 18 U.S.C. Sec. 3006A(b) a defendant is entitled to be represented by counsel whenever charged 'with a violation of probation.' Revocation of probation is proper if the court finds a violation of the conditions of probation and that such violation warrants revocation. Revocation followed by imprisonment is an appropriate disposition if the court finds on the basis of the original offense and the intervening conduct of the probationer that: (i) confinement is necessary to protect the public from further criminal activity by the offender; or (ii) the offender is in need of correctional treatment which can most effectively be provided if he is confined; or (iii) it would unduly depreciate the seriousness of the violation if probation were not revoked. See American Bar Association, Standards Relating to Probation Sec. 5.1 (Approved Draft, 1970). If probation is revoked, the probationer may be required to serve the sentence originally imposed, or any lesser sentence, and if imposition of sentence was suspended he may receive any sentence which might have been imposed. 18 U.S.C. Sec. 3653. When a split sentence is imposed under 18 U.S.C. Sec. 3651 and probation is subsequently revoked, the probationer is entitled to credit for the time served in jail but not for the time he was on probation. Thomas v. United States, 327 F.2d 795 (10th Cir.), cert, denied 377 U.S. 1000 (1964); Schley v. Peyton, 280 F.Supp. 307 (W.D.Va. 1968). Note to Subdivision (b). Subdivision (b) concerns proceedings on modification of probation (as provided for in 18 U.S.C. Sec. 3651). The probationer should have the right to apply to the sentencing court for a clarification or change of conditions. American Bar Association, Standards Relating to Probation Sec. 3.1(c) (Approved Draft, 1970). This avenue is important for two reasons: (1) the probationer should be able to obtain resolution of a dispute over an ambiguous term or the meaning of a condition without first having to violate it; and (2) in cases of neglect, overwork, or simply unreasonableness on the part of the probation officer, the probationer should have recourse to the sentencing court when a condition needs clarification or modification. Probation conditions should be subject to modification, for the sentencing court must be able to respond to changes in the probationer's circumstances as well as new ideas and methods of rehabilitation. See generally ABA Standards, supra, Sec. 3.3. The Sentencing court is given the authority to shorten the term or end probation early upon its own motion without a hearing. And while the modification of probation is a part of the sentencing procedure, so that the probationer is ordinarily entitled to a hearing and presence of counsel, a modification favorable to the probationer may be accomplished without a hearing in the presence of defendant and counsel. United States v. Bailey, 343 F.Supp. 76 (W.D.Mo. 1971). NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES - 1989 AMENDMENT The amendments recognize that convicted defendants may be on supervised release as well as on probation. See 18 U.S.C. Sec. 3583, and 3624(e). 1986 AMENDMENT Subd. (b). Pub. L. 99-646 inserted 'to be' after 'relief' and inserted provision relating to objection from the attorney for the government after notice of the proposed relief and extension of the term of probation as not favorable to the probationer for the purposes of this rule. -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC4- EFFECTIVE DATE OF 1986 AMENDMENT Section 12(c)(2) of Pub. L. 99-646 provided that: 'The amendments made by subsection (b) (amending this rule) shall take effect 30 days after the date of enactment of this Act (Nov. 10, 1986).' EFFECTIVE DATE OF RULE This rule added by order of the United States Supreme Court of Apr. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. L. 96-42, July 31, 1979, 93 Stat. 326, set out as a note under section 3771 of this title. ------DocID 25171 Document 19 of 127------ -CITE- 19 USC Sec. 31, 32 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 31, 32. Repealed. Pub. L. 92-310, title II, Sec. 226, June 6, 1972, 86 Stat. 206 -MISC1- Section 31, R.S. Sec. 2619, 2620; act Feb. 27, 1877, ch. 69, 19 Stat. 245; Pub. L. 91-271, title III, Sec. 304, June 2, 1970, 84 Stat. 292, related to bonds of customs officers. Section 32, R.S. Sec. 2620; Pub. L. 91-271, title III, Sec. 305, June 2, 1970, 84 Stat. 292, related to amounts, conditions for filing, and procedures for approval of bonds required of customs officers. ------DocID 26713 Document 20 of 127------ -CITE- 20 USC Sec. 1070d-32 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-32. Definitions -STATUTE- For the purpose of this subpart - (1) the term 'secondary school' has the same meaning given that term under section 198(a)(7) of the Elementary and Secondary Education Act of 1965; (FOOTNOTE 1) and (FOOTNOTE 1) See References in Text note below. (2) the term 'State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419B, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1343.) -REFTEXT- REFERENCES IN TEXT Section 198 of the Elementary and Secondary Education Act of 1965, referred to in par. (1), is section 198 of Pub. L. 89-10, title I, as added by Pub. L. 95-561, title I, Sec. 101(a), Nov. 1, 1978, 92 Stat. 2198, which was classified to section 2854 of this title prior to the complete revision of Pub. L. 89-10 by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140. For definitions, see section 2891 of this title. -MISC2- PRIOR PROVISIONS A prior section 1070d-32, Pub. L. 89-329, title IV, Sec. 419B, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2900, defined terms used in this subpart, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27139 Document 21 of 127------ -CITE- 20 USC CHAPTER 32 -EXPCITE- TITLE 20 CHAPTER 32 -HEAD- CHAPTER 32 - VOCATIONAL EDUCATION -COD- CODIFICATION The Vocational Education Act of 1963, Pub. L. 88-210, title I, as added Pub. L. 90-576, title I, Oct. 16, 1968, 82 Stat. 1064, formerly classified to this chapter, was completely amended and reorganized by the Education Amendments of 1976, Pub. L. 94-482, title II, Sec. 202(a), Oct. 12, 1976, 90 Stat. 2169, and was classified to section 2301 et seq. of this title. For subsequent revision of Pub. L. 88-210 and redesignation as the Carl D. Perkins Vocational and Applied Technology Education Act, see note set out preceding section 2301 of this title. ------DocID 29028 Document 22 of 127------ -CITE- 22 USC Sec. 277d-32 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-32. Tijuana River flood control project; agreement with Mexico for joint construction, operation and maintenance -STATUTE- The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of an international flood control project for the Tijuana River, which shall be located and have substantially the characteristics described in 'Report on an International Flood Control Project, Tijuana River Basin', prepared by the United States Section, International Boundary and Water Commission, United States and Mexico. -SOURCE- (Pub. L. 89-640, Sec. 1, Oct. 10, 1966, 80 Stat. 884.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-33 of this title. ------DocID 30050 Document 23 of 127------ -CITE- 22 USC CHAPTER 32 -EXPCITE- TITLE 22 CHAPTER 32 -HEAD- CHAPTER 32 - FOREIGN ASSISTANCE -MISC1- SUBCHAPTER I - INTERNATIONAL DEVELOPMENT PART I - DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS Sec. 2151. Congressional findings and declaration of policy. (a) United States development cooperation policy. (b) Coordination of development-related activities. 2151-1. Development assistance policy. (a) Principal purpose of bilateral development assistance. (b) Form of assistance; principles governing assistance. (c) Worldwide cooperative effort to overcome aspects of absolute poverty. 2151a. Agricultural development in rural areas. (a) Authorization to President to furnish assistance; appropriations. (b) Use of assistance primarily in aid of rural poor; multilateral infrastructure projects; forestry projects. (c) Increased agricultural production in least developed countries. (d) Coordination with population planning and health programs. (e) Use of local currency proceeds from sales of commodities. (f) National food security policies and programs; bilateral and multilateral assistance. (g) International Fund for Agricultural Development; participation and contributions; availability of appropriations. 2151a-1. Agricultural research. 2151b. Population planning and health programs. (a) Congressional declaration of policy. (b) Assistance for voluntary population planning. (c) Assistance for health programs; special health needs of children and mothers; Child Survival Fund; promotion of immunization and oral rehydration. (d) Administration of assistance. (e) Research and analysis. (f) Prohibition on use of funds for performance or research respecting abortions or involuntary sterilization. (g) Authorization of appropriations. 2151c. Education and human resources development. (a) General authority. (b) Scope of assistance programs. 2151d. Development of indigenous energy resources. (a) Congressional statement of findings. (b) General assistance authority; cooperative programs in energy production and conservation; program goals. (c) Administrative coordination of planning and implementation of programs. (d) Assistance for programs of technical cooperation and development, research, etc. (e) Authorization of appropriations. (f) Financing cooperative projects among United States, Israel, and developing countries. 2151e. Appropriate technology. 2151f. Private sector revolving fund. (a) Establishment. (b) Funding. (c) Authorized uses; determination of small business enterprise; maximum amounts available; interest rate. (d) Remittance of excess assets. (e) Fee for carrying out activities. (f) Transfer of unobligated funds upon termination. (g) Inclusion of proposed projects in annual congressional presentation documents. (h) Annual report to Congress. (i) Loan guarantees. 2151g. Transfer of funds. 2151h. Cost-sharing. 2151i. Development and use of cooperatives. 2151j. Repealed. 2151k. Integrating women into national economies; report. (a) Particular programs, projects, and activities. (b) Assistance to encourage participation and integration of women; prohibition against separate assistance program for women. (c) Funds for United Nations Decade for Women. 2151l, 2151m. Repealed. 2151n. Human rights and development assistance. (a) Violations barring assistance; assistance for needy people. (b) Information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance. (b) Protection of children from exploitation. (c) Factors considered. (d) Report to Speaker of House and Committee on Foreign Relations of the Senate. (e) Promotion of civil and political rights; grants to nongovernmental organizations in South Africa; priority, etc. (f) Assistance to political detainees and prisoners; support for black-led community organizations. (g) Assistance to families of victims of violence. 2151n-1. Americans incarcerated abroad; report to Speaker of the House and chairman of the Committee on Foreign Relations of the Senate. 2151o. Assistance for disadvantaged South Africans. 2151p. Environmental and natural resources. (a) Congressional statement of findings. (b) Assistance authority and emphasis. (c) Implementation considerations applicable to programs and projects. 2151p-1. Tropical forests. (a) Importance of forests and tree cover. (b) Priorities. (c) Assistance to developing countries. (d) PVOs and other nongovernmental organizations. (e) Country analysis requirements. (f) Annual report. 2151q. Endangered species. (a) Congressional findings and purposes. (b) Remedial measures. (c) Funding level. (d) Country analysis requirements. (e) Local involvement. (f) PVOs and other nongovernmental organizations. (g) Actions by AID. (h) Annual reports. 2151r. Sahel development program; planning. (a) Congressional support. (b) Presidential authorization. (c) Presidential guidelines. 2151s. Repealed. 2151t. Development assistance authority. (a) Authority of President to furnish assistance. (b) Authority of President to make loans; terms and conditions. (c) Dollar receipts from loans to be paid into Treasury. (d) Assistance to research and educational institutions in United States; limitation on amounts. (e) Development Loan Committee; establishment; duties; appointment of officers. 2151u. Private and voluntary organizations and cooperatives in overseas development. (a) Congressional finding of importance of participation by private and voluntary organizations. (b) Payment of transportation charges on shipments by American National Red Cross and United States voluntary agencies. (c) Reimbursement for transportation charges. (d) Arrangements with receiving country for free entry of shipments and for availability of local currency to defray transportation costs. (e) Continuation of support for programs in countries antedating prohibitions on assistance; national interest considerations; report to Congress. (f) Funds for private and voluntary organizations. (g) Additional and future funding for private and voluntary organizations. (h) Promotion of democratic cooperatives. 2151v. Aid to relatively least developed countries. (a) Characterization of least developed countries. (b) Assistance on grant basis. (c) Waiver of principal and interest on prior liability. (d) Waiver of requirement of contribution. (e) Waiver of time limitations on aid. 2151w. Project and program evaluations. 2151x. Development and illicit narcotics production. (a) Congressional statement of findings. (b) Program planning priorities; resource utilization. (c) Administrative requirements. 2151x-1. Assistance for agricultural and industrial alternatives to narcotics production. (a) Waiver of restrictions. (b) Effective date. 2151x-2. Assistance in furtherance of narcotics control objectives of United States. (a) Waiver of certain restrictions. (b) Description of restrictions waived. (c) 'Economic assistance' defined. 2151y. Accelerated loan repayments; annual review of countries with bilateral concessional loan balances; priority of determinations respecting negotiations with countries having balances; criteria for determinations. 2151z. Targeted assistance. (a) Determination of target propulations and strengthening United States assistance. (b) Ultimate beneficiaries of activities. PART II - OTHER PROGRAMS SUBPART I - MULTILATERAL AND REGIONAL DEVELOPMENT PROGRAMS 2161 to 2165. Repealed. 2166. Regional development in Africa. 2167, 2168. Repealed. 2169. Multilateral, regional, and bilateral programs. (a) Multilateral programs. (b) Regional programs. (c) Federal funds to multilateral lending institutions and multilateral organizations for loans to foreign countries; increase. (d) Transfer of funds; use of international or multilateral lending organizations. SUBPART II - AMERICAN SCHOOLS AND HOSPITALS ABROAD; PROTOTYPE DESALTING PLANTS 2171 to 2173. Repealed. 2174. American schools, libraries and hospital centers abroad. (a) Assistance for schools and libraries. (b) Assistance for hospital centers. (c) Authorization of appropriations. (d) Pediatric plastic and reconstructive surgery centers. 2175 to 2178. Repealed. 2179. Prototype desalting plant. (a) Assistance in development. (b) Terms and conditions. (c) Contracts. (d) Patents. (e) Federal agencies. (f) Authorization of appropriations. (g) Restrictions on appropriations. 2180, 2180a. Repealed. SUBPART III - SHELTER AND OTHER CREDIT GUARANTY PROGRAMS 2181. Policy. 2182. Authorization for worldwide shelter guarantees. (a) Authorization to issue guarantees to eligible investors. (b) Emphasis on certain activities. (c) Use of solar energy technology. (k) Minimum annual program levels. 2182a. Agricultural and productive credit and self-help community development programs. (a) Financing pilot programs; scope. (b) Guaranties; percentage limitation. (c) Total and individual amount of guaranties. (d) Inter-American Foundation consultations. (e) Guaranty reserve. (f) Administrative and operating expenses; funds. (g) Transfer of Overseas Private Investment Corporation's obligations and assets. (h) Termination of authority. (i) Excess foreign currencies; use. 2183. General provisions. (a) Fees; determination by President; reduction. (b) Accumulated and existing fees; expenditure of fees; revolving fund account; investments; use of investment income. (c) Priorities of funds for guaranty payments. (d) Guaranties as obligations backed by full faith and credit of United States. (e) Authorization of appropriations; borrowing authority. (f) Agency determination of maximum rate of interest. (g) Guaranties under prior acts. (h) Fraud or misrepresentation. (i) Repealed. (j) Guaranties for housing projects; percentage requirement for families with income below median income; face value and average face value fiscal year limitations; face amount for Israel and Egypt. 2184. Trade credit insurance program for Central America. (a) Guarantees to Export-Import Bank; financial transactions with private sector in Central American countries. (b) Extent of guarantees; agreements; reserve fund. (c) Deadline for guarantee commitments. (d) Availability of appropriated funds. (e) Guarantee commitments limit. (f) Credits to reserve fund. (g) Reports to Congress. (h) Administrative and technical assistance. 2185. Trade credit insurance program for Poland. (a) General authority. (b) Guarantees available only for short-term guarantees and insurance. (c) Agreement on criteria and procedures. (d) Reserve fund. (e) Discharge of liabilities. (f) Appropriations action required. (g) Limitation on outstanding commitments. (h) Biannual reports to Congress. (i) Administrative and technical assistance. (j) Fees and premiums. (k) Restrictions not applicable. (l) Expiration of authority. (m) Definitions. SUBPART IV - OVERSEAS PRIVATE INVESTMENT CORPORATION 2191. Congressional statement of purpose; creation and functions of Corporation. 2191a. Additional requirements. (a) Worker rights. (b) Public hearings. 2192. Capital of the Corporation. 2193. Organization and management. (a) Structure. (b) Board of directors. (c) President. (d) Officers and staff. 2194. Investment insurance and other programs. (a) Investment insurance. (b) Investment guaranties. (c) Direct investment. (d) Investment encouragement. (e) Special projects and programs. (f) Additional insurance functions. (g) Pilot equity finance program. 2194a. Contract authority of Corporation; specific authorization in appropriation Acts required. 2194b. Enhancing private political risk insurance industry. (a) Cooperative programs. (b) Advisory group. 2195. Investment insurance. (a) Contingent liability; expiration of authority. (b) Direct Investment Fund. (c) Insurance Reserve; Guaranty Reserve. (d) Priority of funds used to discharge liabilities. (e) Reserves from predecessor guaranty authority. (f) Authorization of appropriations; issuance, etc., of obligations by Corporation for purchase by Secretary of Treasury. 2196. Income and revenues. 2197. General provisions relating to insurance, guaranty, financing, and reinsurance programs. (a) Scope. (b) Protection of interest. (c) Guaranties as obligations backed by full faith and credit of United States. (d) Fees; determination of amount; reduction of amounts paid under existing contracts. (e) Maximum term of obligation. (f) Limitations on amounts. (g) Fraud or misrepresentation. (h) Limits of obligation. (i) Claims settlement. (j) Presumption of compliance. (k) Balance of payments. (l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support. (m) Notification of countries of environmental restrictions on certain activities. 2198. Definitions. 2199. General provisions and powers. (a) Place of residence. (b) Transfer of prior obligations, etc.; administration prior to transfer. (c) Audits of the Corporation. (d) Powers of Corporation. (e) Reviews, investigations, and inspections by Inspector General of Agency for International Development. (f) Programs for Yugoslavia, Poland, Hungary, Romania and the People's Republic of China; national interest. (g) Environmental impact assessments. (h) Preparation, maintenance, and contents of development impact profile for investment projects; development of criteria for evaluating projects. (i) Observance of and respect for human rights and fundamental freedoms as considerations for conduct of assistance programs, etc.; provisions applicable for determinations; exceptions. (j) Exemption from taxation. (k) Publication of policy guidelines. 2200. Small business development in less developed friendly countries or areas; encouragement by other Federal departments, etc., of broadened participation by United States small business cooperatives and investors; project funding. 2200a. Reports to Congress. (a) Annual report. (b) Effect of all projects on employment in United States to be included in annual report. (c) Repealed. (d) Maintenance of records. (e) Assessment of cooperative political risk insurance program. (f) Information not required to be made available to public excluded from reports. 2200b. Repealed. SUBPART V - DISADVANTAGED CHILDREN IN ASIA 2201. Assistance to disadvantaged children in Asia. (a) Congressional findings. (b) Authority of President. SUBPART VI - ALLIANCE FOR PROGRESS 2211 to 2213. Repealed. SUBPART VII - EVALUATION OF PROGRAMS 2216. Repealed. SUBPART VIII - SOUTHEAST ASIA MULTILATERAL AND REGIONAL PROGRAMS 2217 to 2217b. Repealed. SUBPART IX - UTILIZATION OF DEMOCRATIC INSTITUTIONS IN DEVELOPMENT 2218. Utilization of democratic institutions in development. (a) Popular participation through encouragement of democratic institutions. (b) Human and intellectual resources; self-government through civic education and training in requisite skills. (c) Political, social, and related obstacles to development; democratic social and political trends. (d) Implementation of objectives through application of experience gained from program evaluation. (e) Inservice training programs. SUBPART X - PROGRAMS RELATING TO POPULATION GROWTH AND FAMILY PLANNING 2219, 2219a. Repealed. SUBPART XI - FOOD PRODUCTION TARGETS AND REPORTS 2220. Repealed. SUBPART XII - FAMINE PREVENTION AND FREEDOM FROM HUNGER 2220a. General provisions. (a) Congressional objectives and findings. (b) Congressional objectives and declaration for collation of components to increase world food production. (c) University involvement, participation, and cooperation. (d) Universities. (e) Director. 2220b. General authority. (a) Programs and activities affecting universities, agriculturally developing countries, and research. (b) Programs and activities respecting university capabilities, benefiting domestic and nondomestic agriculture, and based on existing programs and institutions. (c) Activity objectives. (d) Function of Director. 2220c. Board for International Food and Agricultural Development. (a) Establishment; terms and expenses of members. (b) General areas of responsibility. (c) Specific, but not exclusive, duties. (d) Subordinate units; creation of Joint Research Committee, Joint Committee on Country Programs, and other units. (e) Consultations in preparation of annual report and on agricultural development activities. 2220d. Funds for programs and activities. (a) Funds available under section 2151a of this title unaffected by other provisions. (b) Foreign currencies. (c) Other authorizations. (d) Disclosure of funds to Director; annual report. 2220e. Presidential report to Congress. PART III - INTERNATIONAL ORGANIZATIONS AND PROGRAMS 2221. General authority. (a) Voluntary contributions; grants and loans in case of the Indus Basin Development Fund. (b) Repealed. (c) Palestine refugees; considerations and conditions for furnishing assistance. (d) Audit of funds; report to Congress and the President. (e) Evaluation of United Nations and its affiliated organizations; International Bank for Reconstruction and Development; Asian Development Bank. (f) International Fertilizer Development Center; United States participation and assistance. (g) Transfer of funding of technological assistance programs to United Nations Development Program. (h) International Food Policy Research Institute; availability of funds, etc. 2222. Authorization of appropriations. (a) Grants. (b) Indus Basin Development. (c) Prohibition against contributions for volunteer manpower programs. (d) to (h) Repealed. (i) International Atomic Energy Agency; safeguards and inspections of nuclear fissile facilities and materials. (j) Authorization of appropriations for multilateral and regional drug abuse control programs. 2223. Indus Basin development. 2224. Repealed. 2225. Integration of women. 2226. Reports on international organizations. (a) Annual reports to Congress; time of submission. (b) Semiannual reports to Congress; time of submission; agency and organization lists; prompt reports of agency heads to Director of Office of Management and Budget; 'contribution' defined. 2227. Withholding of United States proportionate share for certain programs of international organizations. (a) Covered programs. (b) Review and report by Secretary of State. PART IV - SUPPORTING ASSISTANCE 2241 to 2243. Repealed. PART V - CONTINGENCIES 2261. Authorization of appropriations. (a) Emergency assistance; reports to Speaker of House and committees of Senate. (b) Repealed. (c) Prohibition against payment of gifts to foreign officials. 2262. Transferred. PART VI - CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT INITIATIVE. 2271. Statement of policy. (a) Congressional findings. (b) Policy requirements. (c) Additional Congressional findings. 2272. Conditions on furnishing assistance. 2273. Peace process in Central America. 2274. Economic assistance coordination. (a) Congressional findings. (b) Sense of Congress; Central American Development Organization; establishment, etc. (c) Participation of President in Organization. (d) Preparation and transmission of proposal for implementation of provisions. 2275. Authorization of appropriations. (a) Fiscal years 1988 and 1989. (b) Transfer of funds. 2276. 'Central American countries' defined. PART VII - DEBT-FOR-NATURE EXCHANGES 2281. 'Debt-for-nature exchange' defined. 2282. Assistance for commercial debt exchanges. 2283. Eligible projects. 2284. Eligible countries. 2285. Terms and conditions. (a) Fulfillment upon final approval by Administrator. (b) Grants intended to complement assistance otherwise available. (c) Prohibition against acceptance of title or interest in land as condition on debt exchange. 2286. Pilot program for sub-Saharan Africa. (a) List of areas of severely degraded national resources or of biological or ecological importance. (b) Assessment of list; agreement for future use of areas. (c) Grants for purchase of discounted commercial debt on open market; retention of interest by grantee. PART VIII - INTERNATIONAL NARCOTICS CONTROL 2291. International narcotics control. (a) Statement of Congressional purposes and goals; development, promotion, and assistance for international cooperation. (b) Mid-year report. (c) Participation in foreign police actions. (d) Use of herbicides for aerial eradication. (e) Reporting requirements. (f) Consultative requirements. (g) Committee hearings. (h) Annual certification procedures. (i) Definitions. (j) Actions by international bodies. (k) Procedures for determining major drug-transit countries. 2291-1. Reports and restrictions concerning major illicit drug producing and major drug-transit countries. (a) Reports. (b) Restrictions. (c) Relation to other provisions. (d) Definitions. 2291-2. Reporting on transfer of United States assets. (a) 15-day advance notification. (b) Annual reports. 2291-3. Coordination of all United States anti-narcotics assistance to foreign countries. (a) Coordination. (b) Annual reports. (c) Rule of construction. 2291a. Authorization of appropriations. (a) Fiscal year authorization; availability of funds. (b) Funds not available for procurement of weapons or ammunition. (c) Assistance to Pakistan; foreign currencies without affect on available appropriations. (d) Contribution by recipient country. 2291b. Prohibition on use of foreign assistance for reimbursements for drug crop eradications. 2291c. Retention of title to aircraft. 2291d. Records of aircraft use. (a) Requirement to maintain records. (b) Congressional access to records. 2291e. Reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking. (a) Additional assistance for countries taking significant steps. (b) 'Security assistance' defined. 2291f. Prohibition on assistance to drug traffickers. (a) Prohibition. (b) Regulations. (c) Congressional review of regulations. 2291g. Prohibition on use of narcotics control assistance to acquire real property. 2291h. Permissible uses of aircraft and other equipment. (a) In general. (b) Reports. (c) Regulations. (d) Congressional review of regulations. PART IX - INTERNATIONAL DISASTER ASSISTANCE 2292. General provisions. (a) Congressional policy. (b) General authority. (c) Specific direction. 2292a. Authorization of appropriations. (a) Fiscal year authorization. (b) Subsequent appropriations for reimbursement of additional fiscal year obligations charged against appropriation account. 2292a-1. Appropriated funds; Presidential reports to Committees on Appropriations of the Senate and the House. 2292b. Disaster assistance coordination through a Special Coordinator for International Disaster Assistance; Presidential appointment and duties. 2292c. Authorization of appropriations for disaster relief and emergency recovery needs in Pakistan and Nicaragua. 2292d, 2292e. Repealed or Transferred. 2292f. Cyprus: relief and rehabilitation; terms and conditions; authorization of appropriations; section 2292 policy and general authority applicable. 2292g. Repealed. 2292h. Italy: relief, rehabilitation and reconstruction assistance. 2292i. Lebanon: relief and rehabilitation. (a) General authority. (b) Authorization of appropriations. (c) Section 2292 policy and general authority applicable. (d) Obligations charged to appropriations. 2292j. Romania: relief and rehabilitation. (a) Authorization of assistance. (b) Authorization of appropriations. (c) Policies and general authority. (d) Obligations charged against appropriations. (e) Repealed. (f) Human rights. 2292k. Turkey: relief, rehabilitation, and reconstruction. 2292l. Africa: rehabilitation and resettlement. (a) Congressional policy; general authority. (b) Authorization of appropriations. (c) Provisions of section 2292 of this title applicable to this section. 2292m. Special Caribbean hurricane relief assistance. 2292n. Cambodia: disaster relief assistance. (a) Congressional recognition and statement of purpose; authority of President; scope of assistance. (b) Assistance through international agencies and private voluntary organizations. (c) Assistance procedures; monitoring of deliveries. (d) Authorization of appropriations; charges for obligations incurred under other appropriations or accounts; authority for transfer of funds; agricultural commodity assistance priorities. (e) Section 2292 policies and general authorities applicable. 2292o. Assistance for displaced persons in Central America. (a) Nature and scope of assistance. (b) Authorization of appropriations. (c) Applicable policies and authorities. 2292p. Lebanon: emergency relief, rehabilitation, and reconstruction assistance. (a) Congressional policy and authorization. (b) Authorization of appropriations. (c) Policies and general authority. 2292q. African famine assistance. (a) Authorization of assistance. (b) Uses of funds. (c) Authorization of appropriations. (d) Policies and authorities to be applied. PART X - DEVELOPMENT FUND FOR AFRICA 2293. Long-term development assistance for sub-Saharan Africa. (a) Findings. (b) Authority to furnish assistance. (c) Purpose of assistance. (d) Application of development assistance general authorities and policies. (e) Private and voluntary organizations. (f) Local involvement in project implementation. (g) Participation of African women. (h) Types of assistance. (i) Critical sectoral priorities. (j) Minimum levels of assistance for certain critical sectors. (k) Effective use of assistance. (l) Promotion of regional integration. (m) Donor coordination mechanism. (n) Relation to other authorities. (o) Support for SADCC projects. 2294. Authorizations of appropriations for Development Fund for Africa. SUBCHAPTER II - MILITARY ASSISTANCE AND SALES PART I - DECLARATION OF POLICY 2301. Congressional statement of policy. 2302. Utilization of defense articles and defense services. 2303. Excess defense articles. 2304. Human rights and security assistance. (a) Observance of human rights as principal goal of foreign policy; implementation requirements. (b) Report by Secretary of State on practices of proposed recipient countries; considerations. (c) Congressional request for information; information required; 30-day period; failure to supply information; termination or restriction of assistance. (d) Definitions. (e) Removal of prohibition on assistance. (f) Allocations concerned with performance record of recipient countries without contravention of other provisions. (g) Report to Congress on use of certain authorities relating to human rights conditions. PART II - MILITARY ASSISTANCE 2311. General authority. (a) Defense articles and services; noncombatant personnel; transfer of funds. (b) Terms and conditions. (c) Appropriation charges; exceptions. 2312. Authorization of appropriations. (a) Authorization and availability of amounts. (b) Programing and budgeting procedures. 2313. Transferred. 2314. Furnishing of defense articles or related training or other defense service on grant basis. (a) Conditions of eligibility. (b) Limitation on amount; exceptions. (c) Reduction and termination of grants to countries able to maintain adequate military forces without undue economic strain. (d) Termination of assistance; report of violation by President; conditions for reinstatement. (e) Consent by President to transfer. (f) Disposition of defense articles furnished on a grant basis; net proceeds to be paid over to the United States. (g) Discrimination on basis of race, religion, national origin, or sex prohibited. 2314a to 2317. Repealed or Transferred. 2318. Special authority. (a) Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished. (b) Notification and information to Congress of assistance furnished. (c) Authorization of appropriations for reimbursement of applicable funds. 2319 to 2321a. Repealed. 2321b. Excess defense article. (a) to (c) Repealed. (d) Reports to Congress. 2321c. Definitions. 2321d. Considerations in furnishing military assistance. 2321e to 2321g. Repealed. 2321h. Stockpiling of defense articles for foreign countries. (a) Transfer of defense articles. (b) Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries. (c) Location of stockpiles. (d) Transferred articles not to be considered excess articles in determining value. 2321i. Overseas management of assistance and sales programs. (a) Assignment of military personnel for performance of enumerated functions. (b) Furnishing of advisory and training assistance. (c) Number of personnel assigned, waiver; procedures applicable. (d) Costs. (e) Direction and supervision of assigned personnel. (f) Presidential directive respecting purchase by foreign country of United States-made military equipment. 2321j. Modernization of defense capabilities of countries of NATO's southern flank. (a) Authority to transfer excess defense articles. (b) Limitations on transfers. (c) Notification to committees of Congress. (d) Waiver of requirement for reimbursement of DOD expenses. (e) Definition. 2321k. Modernization of military capabilities of certain major illicit drug producing countries. (a) Authority to transfer excess defense articles. (b) Purpose. (c) Uses of excess defense articles. (d) Role of the Secretary of State. (e) Dollar limitation. (f) Conditions on transfers. (g) Terms of transfers. (h) Waiver of requirement for reimbursement of DOD expenses. (i) Notification to Congress. 2321l. Natural resources and wildlife management. (a) Authority to transfer nonlethal excess defense articles and small arms. (b) Limitation on transfers. (c) Transportation. (d) Waiver of requirements for reimbursement of DOD expenses. (e) Notification to committees of Congress. 2321m. Additional authorities relating to modernization of military capabilities. (a) Authority to transfer excess defense articles. (b) Limitations on transfers. (c) Notification to Congress. (d) Waiver of requirement for reimbursement of DOD expenses. (e) Annual report. (f) Transportation and related costs. 2322. Transferred. PART III - FOREIGN MILITARY SALES 2341 to 2343. Repealed. 2344. Reimbursements. (a) Separate fund account; transfers to such account. (b) Termination of account; special account for discharge of Federal liabilities and obligations; general fund for excess moneys. 2345. Repealed. PART IV - ECONOMIC SUPPORT FUND 2346. Authority. (a) Policy requirements for assistance. (b) Responsibility for policy decisions and justifications. (c) Detailed justification for uses and purposes of funds. (d) Funds for commodity import programs or other program assistance. (e) Availability of funds. 2346a. Authorizations of appropriations. (a) Recipients and purposes of funds. (b) Availability of amounts. 2346b. Emergency assistance. 2346c. Administration of justice. (a) Authorization of assistance; purposes. (b) Scope of assistance. (c) Availability of funds. (d) Obligation of funds. (e) Participation of Defense personnel in training prohibited; availability of funds; expiration of authority. 2346d. Economic support for disadvantaged South Africans. 2346e to 2346i. Transferred or Repealed. PART V - INTERNATIONAL MILITARY EDUCATION AND TRAINING 2347. General authority. 2347a. Authorization of appropriations. 2347b. Congressional declaration of purpose. 2347c. Exchange training; reciprocity agreement. 2374d. Training in maritime skills. PART VI - PEACEKEEPING OPERATIONS 2348. General authorization. 2348a. Authorization of appropriations. (a) Fiscal years 1986 and 1987. (b) Availability of funds. (c) Emergency transfer of funds. (d) Reimbursement of applicable appropriation, fund, or account. 2348b. Repealed. 2348c. Administrative authorities. PART VII - AIR BASE CONSTRUCTION IN ISRAEL 2349. General authority. 2349a. Authorization and utilization of funds. (a) Authorization of appropriation. (b) Presidential authority to incur obligations and enter into contracts. (c) Crediting of funds to proper appropriation account. 2349b. Waiver authorities. (a) Efficient and timely completion of authorized construction. (b) Use of funds to pay for personal services abroad. PART VIII - ANTITERRORISM ASSISTANCE 2349aa. General authority. 2349aa-1. Purposes. 2349aa-2. Specific authorities and limitations. (a) Services and commodities; reimbursement. (b) Services and commodities furnished by agency of United States Government; advance payment. (c) Consultation in development and implementation of assistance. (d) Location for training and advice; law enforcement personnel training; availability of items on Munition List and services, personnel, etc., involved in collection of intelligence. (e) Information exchange activities. (f) Personnel compensation or benefits. 2349aa-3. Reports to Congress. 2349aa-4. Authorization of appropriations. 2349aa-5. Administrative authorities. 2349aa-6. Repealed. 2349aa-7. Coordination of all United States terrorism-related assistance to foreign countries. (a) Responsibility. (b) Reports. (c) Rule of construction. 2349aa-8. Prohibition on imports from and exports to Libya. (a) Prohibition on imports. (b) Prohibition on exports. (c) 'United States' defined. 2349aa-9. Ban on importing goods and services from countries supporting terrorism. (a) Authority. (b) Consultation. (c) Reports. (d) 'United States' defined. SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS PART I - GENERAL PROVISIONS 2351. Encouragement of free enterprise and private participation. (a) Policy of United States. (b) Action by President to facilitate participation to maximum extent. (c) International Private Investment Advisory Council on Foreign Aid; establishment; composition; selection of members by Director; duration of service; Chairman; duties of Council; compensation; travel and other expenses; funds for payment of expenses of Council. (d) Engineering and professional services of United States firms. (e) Contracts on basis of competitive selection procedures. 2352. Small business. (a) Assistance for participation in furnishing of commodities, defense articles, and services. (b) Office of Small Business. (c) Information with respect to certain purchases by Department of Defense. 2353. Shipping on United States vessels. 2354. Procurement. (a) Use of funds outside United States. (b) Purchases in bulk. (c) Agricultural commodities or products thereof available for disposition under Agricultural Trade Development and Assistance Act of 1954. (d) Marine insurance. (e) Parity for domestic commodities prior to use of funds outside United States. (f) Commodity eligibility. (g) Construction or engineering services; applicability to advanced developing country. 2355. Retention and use of certain items and funds. (a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer. (b) Commodities transferred as repayment of assistance. (c) Funds realized as result of illegal transactions. (d) Funds realized from sale, transfer, or disposal of returned defense articles. 2356. Patents and technical information. (a) Practice of invention or disclosure of information; suits against United States for reasonable compensation; jurisdiction; limitation of action; defenses. (b) Settlement of claims. (c) Drug products manufactured outside the United States. 2357. Furnishing of services and commodities. (a) Advance-of-funds or reimbursement basis. (b) Agency contracts with individuals to perform services. (c) Excess property. (d) Transfer of Government-owned excess property to enhance environmental protection in foreign countries. 2358. Foreign and domestic excess property. (a) Advance acquisition of property; special account for payment of costs; limitation; use of property. (b) Transfer of domestic excess property. 2359. Special accounts. (a) Establishment by recipient countries; deposits; availability and utilization. (b) Disposition of unencumbered balances. 2360. Transfer of funds between accounts. (a) Necessity of transfer; limitations. (b) Augmentation of other appropriations. (c) Military and development assistance purposes. 2361. Completion of plans and cost estimates. (a) Restriction on agreements or grants. (b) Plans for water or related land resource construction projects; computation of benefits and costs. (c) Contracts for construction outside United States; competitive basis. (d) Engineering, financial, and other plans. (e) Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations. 2362. Use of foreign currencies. (a) Currencies received in payment for non-military assistance; foreign obligations. (b) United States operations abroad; excess foreign currencies. (c) Voluntary family planning programs; limitation. (d) Reciprocal release of dollar value equivalents. 2363. Accounting, valuation, reporting, and administration of foreign currencies. (a) Responsibility of Secretary of the Treasury; regulations. (b) Establishment of exchange rates. (c) Repealed. (d) Interest income on foreign currency proceeds; regulations; waiver; report to Congress. 2364. Special authorities. (a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts. (b) United States obligations in West Germany. (c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress. 2365. Contract authority. 2366. Availability of funds. 2367. Termination of assistance; availability of funds for winding up programs; participant training. 2368, 2369. Repealed. 2370. Prohibitions against furnishing assistance. (a) Cuba; embargo on all trade. (b) Repealed. (c) Indebtedness of foreign country to United States citizen or person. (d) Productive enterprises competing with United States enterprise; conditions on assistance; import controls; waiver of restriction by President. (e) Nationalization, expropriation or seizure of property of United States citizens, or taxation or other exaction having same effect; failure to compensate or to provide relief from taxes, exactions, or conditions; report on full value of property by Foreign Claims Settlement Commission; act of state doctrine. (f) Prohibition against assistance to Communist countries; conditions for waiver of restriction by President; enumeration of Communist countries; removal from application of provisions; preconditions. (g) Use of assistance funds to compensate owners for expropriated or nationalized property; waiver for land reform programs. (h) Regulations and procedures to insure aid is not used contrary to the best interests of the United States. (i) Repealed. (j) Damage or destruction by mob action of United States property; termination of assistance. (k) Maximum amount of assistance, including military assistance to individual countries without approval of or presentation to Congress. (l) Institution of investment guaranty program. (m), (n) Repealed. (o) Exclusion from assistance of countries seizing or imposing penalties or sanctions against United States fishing vessels. (p) Repealed. (q) Defaults in principal or interest payments on loans; meeting obligations under loans; notice to Congressional committees. (r) Liability for repayment of principal or interest on loans outstanding after September 19, 1966. (s) Restraint of arms races and proliferation of sophisticated weapons. (t) Diplomatic relations; severance, resumption, and negotiation of agreements. (u) Status of country with respect to obligations to the United Nations; report to Congress. 2371. Prohibition on assistance to governments supporting international terrorism. (a) Prohibition. (b) Publication of determinations. (c) Rescission. (d) Waiver. 2372. Repealed. 2372a. Renewal, reissuance, etc., of export licenses to or for Argentina. 2373. Eastern Mediterranean policy requirements. (a) Congressional declaration and statement of findings. (b) Governing principles. (c) Review of policy; report to Congress. (d) Certification by President to Congress of assistance to Greece and Turkey. (e) Arms sales agreements to prohibit transfer to Cyprus. 2374. Prohibition on assistance to Afghanistan. (a) Prohibition; conditions for resumption of assistance. (b) Substantially changed circumstances. 2375. Assistance to Pakistan. (a) Congressional policy, findings, and goals. (b) Reaffirmation of 1959 bilateral agreement. (c) Availability; defensive aspects of assistance. (d) Waiver of limitations respecting nuclear transfers. (e) Nuclear non-proliferation conditions on assistance. PART II - ADMINISTRATIVE PROVISIONS 2381. Exercise of functions. (a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise. (b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review. 2381a. Strengthened management practices. (a) Declaration of beliefs. (b) Management system; establishment; scope. 2382. Coordination with foreign policy. (a) Powers or functions of Secretary of State. (b) Coordination among representatives of United States. (c) Responsibility for supervision and general direction of assistance programs. 2383. Responsibilities of the Secretary of Defense; priorities in procurement, delivery, and allocation of military equipment. 2384. Statutory officers. (a) Appointment. (b) Rate of compensation; title of officers; order of succession. (c) Appointment of certain statutory officers to comparable positions. (d) Repealed. (e) Coordinator for security assistance. (f) Assistant Secretary of State for Human Rights and Humanitarian Affairs. 2385. Employment of personnel. (a) Authorization. (b) Appointments excepted from civil-service laws; supergrade positions; reinstatement. (c) Additional supergrade positions. (d) Employment or assignment of officers and employees to perform functions outside United States. (e) Repealed. (f) Funds for personnel services. (g) Repealed. (h) Acceptance of compensation or other benefits from foreign countries; arrangements for reimbursement. (i) Assignment based on competency. 2385a. Unified personnel system. (a) Establishment by regulations. (b) Effective date of regulations. (c) Force and effect of regulations. 2386. Experts, consultants, and retired officers. (a) Employment; compensation; renewal of contracts of employment. (b) Exemption from certain Federal laws. (c) Employment without compensation of persons of outstanding experience and ability. 2387. Detail of personnel to foreign governments. 2388. Detail of personnel to international organizations. 2389. Status and benefits of personnel assigned or detailed to foreign governments or international organizations. (a) Allowances, privileges, rights, seniority, and other benefits. (b) Representation allowances. 2390. Terms of detail or assignment of personnel. 2391. Missions and staffs abroad. (a) Authorization. (b) Appointment of mission chief and deputy; compensation. (c) Appointment of Chairman of Development Assistance Committee; compensation. (d) Administration of assistance. 2392. Government agencies. (a) Allocation and transfer of funds. (b) Utilization of services and facilities of other agencies. (c) Reimbursement for commodities, services, and facilities. (d) Reimbursement for military assistance. (e) Establishment of accounts. (f) Credits made by Export-Import Bank of the United States. (g) Charge of expenses to appropriation or account. 2393. Waiver of certain laws. (a) Contracts and expenditure of funds. (b) Neutrality laws. (c) Assignment of personnel. 2393a. Requests by General Accounting Office and Congressional committees for documents and materials. 2394. Reports and information; definitions. (a) Annual report to Congress on programs having impact on developing countries; contents. (b) 'Foreign assistance' and 'provided by the United States Government' defined. 2394-1. Notification of program changes. (a) Covered programs; content of notifications. (b) Exceptions. (c) Funds in the International Affairs Budget Function; reprogramming. 2394-1a. Classification of reports. 2394a. Extortion and illegal payments to officials of foreign countries receiving international security assistance. 2395. General authorities. (a) Manner of furnishing assistance; emphasis on loans. (b) Authority of the President. (c) Utilization of services and facilities of voluntary, nonprofit organizations. (d) Acceptance of gifts, devises, bequests, grants, etc. (e) Health and accident insurance for foreign participants and foreign employees. (f) Admission of alien participants. (g) Powers and authorities of the President with respect to loans. (h) Term of contracts and agreements. (i) Settlement and arbitration of claims arising under investment guaranty operations. (j) Financial transactions with foreign governments; exemption. (k) Cost-type contracts with educational institutions; payment of reimbursable indirect costs. 2395a. International agreements concerning debt relief; transmittal to Congressional committees. 2396. Availability of funds. (a) General expenditures. (b) Compensation, allowances, and travel of personnel; printing and binding; expenditures outside United States. (c) Construction of living quarters, office space, and supporting facilities. (d) Education of dependents. (e) Training costs. (f) Assistance in carrying out functions under certain laws. (g) Administrative, extraordinary, and operating expenses; reimbursement of military officers; training of foreign military personnel. (h) Recipient countries to contribute local currencies; utilization of foreign currencies owned by United States. (i) Financing motor vehicle transactions; waiver of domestic manufacturing restriction. 2396a. Property Management Fund. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. (a) Penalties; costs. (b) Recovery of penalties; procedure; finality of withholding of funds; recovery of withheld funds; limitation period. (c) 'Person' defined. 2399c. Coordination of policies and programs. (a) Development Coordination Committee established. (b) Procedures to assure coordination. (c) Guidance of Secretary of State. (d) Repealed. (e) Temporary assignment of employees. (f) Studies. 2399d. Shipping differential. PART III - MISCELLANEOUS PROVISIONS 2401. Effective date; identification of programs. 2402. Saving provisions. (a) Determinations, authorizations, regulations, orders, contracts, agreements, etc. under prior law. (b) Compliance with similar provisions of prior law as compliance with this chapter. (c) Continued availability of funds appropriated pursuant to prior law. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special authorities. 2412. Limitation on foreign assistance appropriations. (a) Restrictions on appropriations in absence of or in excess of prior authorizations. (b) Exception. (c) Specific repeal or modification of section. 2413. Changes in allocation of foreign assistance. (a) Notification by President to foreign country. (b) Application of provisions to continuing appropriations; waiver of provisions. 2414. Presidential findings and determinations. (a) Report to Congress. (b) Action prohibition prior to execution of report. (c) Publication in Federal Register. (d) Information accessible to Congress prior to transmission of report. 2414a. Annual report to Congress on voting practices at United Nations. (a) In general. (b) Information on voting practices in United Nations. (c) Format. (d) Statement by Secretary of State. (e) Omitted. 2415 to 2419. Repealed. 2420. Police training prohibition. (a) Effective date of prohibition. (b) Exception; qualification. (c) Country with longstanding democratic tradition, etc. (d) Assistance to Honduras or El Salvador. 2421. Trade and development program. (a) Authority of President; uses of funds. (b) Establishment as separate agency; appointment of Director; functions; cooperation of Federal departments and agencies; annual report to Congressional committees. (c) Advisory board; representation of private sector. (d) Authorization of appropriations. 2422. Intelligence activities. 2423. Exchanges of certain materials. (a) Agreement for necessary or strategic raw material; definition. (b) Allocation of raw materials to Federal agencies. (c) Deposits in United States Treasury of funds from disposal of materials. 2424, 2425. Repealed. 2426. Discrimination against United States personnel. (a) Assignment of personnel on basis of ability and experience. (b) Prohibition on use of funds in country practicing discrimination. (c) Rules and regulations. 2427. Operating expenses. (a) Authorization of appropriations. (b) Continuing availability of funds. 2428. Repealed. 2428a. Congressional declaration of policy toward Korea; transmittal of report to Speaker of the House and Congressional committees. 2428b. Special security assistance for modernization of Armed Forces of Korea. (a) Transfer authority of President of defense articles and services located in Korea; applicable terms and conditions; reimbursement. (b) Additional transfer authority of President of defense articles located outside of Korea; prerequisites for determinations respecting transfers; report by President to Congress of determinations. (c) Report by President to Congress of types, etc., of transferred defense articles. (d) Repealed. (e) Congressional policy respecting further troop withdrawals. 2429. Nuclear enrichment transfers by or to recipients of economic, military or security supporting, etc., assistance from United States; prohibitions. (a) Prohibitions; safeguards and management. (b) Certification by President of necessity of continued assistance; concurrent resolution of disapproval by Congress. 2429a. Nuclear reprocessing transfers, illegal exports for nuclear explosive devices, transfers of nuclear explosive devices, and nuclear detonations. (a) Prohibitions on assistance to countries involved in transfer of nuclear reprocessing equipment, materials, or technology; exceptions; procedures applicable. (b) Prohibitions on assistance to countries involved in transfer or use of nuclear explosive devices; exceptions; procedures applicable. (c) 'Non-nuclear-weapon state' defined. 2429a-1. Annual report on nuclear transfer activities. 2429b. Transferred. SUBCHAPTER IV - INDOCHINA POSTWAR RECONSTRUCTION 2431 to 2435. Repealed. SUBCHAPTER V - MIDDLE EAST ASSISTANCE 2441 to 2443. Repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1975, 2428b, 2601, 2751, 2761, 2765, 2771, 2775, 2780, 2795, 2795a, 3501, 3503, 5038, 5401, 5476 of this title; title 13 section 301; title 16 section 973r; title 40 section 483; title 49 App. section 1515a. ------DocID 31510 Document 24 of 127------ -CITE- 24 USC Sec. 32, 33 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254 -MISC1- Section 32, act May 10, 1943, ch. 95, Sec. 2, 57 Stat. 80, authorized hospitalization of dependents of naval and Marine Corps personnel. See section 1071 et seq. of Title 10, Armed Forces. Section 33, act May 10, 1943, ch. 95, Sec. 3, 57 Stat. 81, defined 'dependents' and 'children'. See section 1071 et seq. of Title 10. EFFECTIVE DATE OF REPEAL Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956. REPEAL OF APPROPRIATIONS Act May 10, 1943, ch. 95, Sec. 1, 57 Stat. 80, formerly set out as a note under section 32 of this title, which appropriated funds for the purpose of expanding facilities for the hospitalization of dependents of the Navy and Marine Corps, was also repealed by act June 7, 1956. ------DocID 31704 Document 25 of 127------ -CITE- 25 USC Sec. 32 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 32. Omitted -COD- CODIFICATION Section, act July 1, 1898, ch. 545, Sec. 1, 30 Stat. 595, required Indian agents to account for funds received and to be responsible for such funds under their official bonds. The services of Indian agents have been dispensed with since 1908. See section 64 of this title and note set out thereunder. ------DocID 33468 Document 26 of 127------ -CITE- 25 USC CHAPTER 32 -EXPCITE- TITLE 25 CHAPTER 32 -HEAD- CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION -MISC1- Sec. 3001. Definitions. 3002. Ownership. (a) Native American human remains and objects. (b) Unclaimed Native American human remains and objects. (c) Intentional excavation and removal of Native American human remains and objects. (d) Inadvertent discovery of Native American remains and objects. (e) Relinquishment. 3003. Inventory for human remains and associated funerary objects. (a) In general. (b) Requirements. (c) Extension of time for inventory. (d) Notification. (e) Inventory. 3004. Summary for unassociated funerary objects, sacred objects, and cultural patrimony. (a) In general. (b) Requirements. 3005. Repatriation. (a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies and museums. (b) Scientific study. (c) Standard of repatriation. (d) Sharing of information by Federal agencies and museums. (e) Competing claims. (f) Museum obligation. 3006. Review committee. (a) Establishment. (b) Membership. (c) Responsibilities. (d) Admissibility of records and findings. (e) Recommendations and report. (f) Access. (g) Duties of Secretary. (h) Annual report. (i) Termination. 3007. Penalty. (a) Penalty. (b) Amount of penalty. (c) Actions to recover penalties. (d) Subpoenas. 3008. Grants. (a) Indian tribes and Native Hawaiian organizations. (b) Museums. 3009. Savings provision. 3010. Special relationship between Federal Government and Indian tribes and Native Hawaiian organizations. 3011. Regulations. 3012. Authorization of appropriations. 3013. Enforcement. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 18 section 1170. ------DocID 33545 Document 27 of 127------ -CITE- 26 USC Sec. 32 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- Sec. 32. Earned income -STATUTE- (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of - (1) the basic earned income credit, and (2) the health insurance credit. (b) Computation of credit For purposes of this section - (1) Basic earned income credit (A) In general The term 'basic earned income credit' means an amount equal to the credit percentage of so much of the taxpayer's earned income for the taxable year as does not exceed $5,714. (B) Limitation The amount of the basic earned income credit allowable to a taxpayer for any taxable year shall not exceed the excess (if any) of - (i) the credit percentage of $5,714, over (ii) the phaseout percentage of so much of the adjusted gross income (or, if greater the earned income) of the taxpayer for the taxable year as exceeds $9,000. (C) Percentages For purposes of this paragraph - (i) In general Except as provided in clause (ii), the percentages shall be determined as follows: --------------------------------------------------------------------- In the case of an The credit percentage The phaseout eligible individual is: percentage is: with: --------------------------------------------------------------------- 1 qualifying child 23 16.43 2 or more qualifying 25 17.86 children ------------------------------- (ii) Transition percentages (I) For taxable years beginning in 1991, the percentages are: --------------------------------------------------------------------- In the case of an The credit percentage The phaseout eligible individual is: percentage is: with: --------------------------------------------------------------------- 1 qualifying child 16.7 11.93 2 or more qualifying 17.3 12.36 children ------------------------------- (II) For taxable years beginning in 1992, the percentages are: --------------------------------------------------------------------- In the case of an The credit percentage The phaseout eligible individual is: percentage is: with: --------------------------------------------------------------------- 1 qualifying child 17.6 12.57 2 or more qualifying 18.4 13.14 children ------------------------------- (III) For taxable years beginning in 1993, the percentages are: --------------------------------------------------------------------- In the case of an The credit percentage The phaseout eligible individual is: percentage is: with: --------------------------------------------------------------------- 1 qualifying child 18.5 13.21 2 or more qualifying 19.5 13.93 children ------------------------------- (D) Supplemental young child credit In the case of a taxpayer with a qualifying child who has not attained age 1 as of the close of the calendar year in which or with which the taxable year of the taxpayer ends - (i) the credit percentage shall be increased by 5 percentage points, and (ii) the phaseout percentage shall be increased by 3.57 percentage points. If the taxpayer elects to take a child into account under this subparagraph, such child shall not be treated as a qualifying individual under section 21. (2) Health insurance credit (A) In general The term 'health insurance credit' means an amount determined in the same manner as the basic earned income credit except that - (i) the credit percentage shall be equal to 6 percent, and (ii) the phaseout percentage shall be equal to 4.285 percent. (B) Limitation based on health insurance costs The amount of the health insurance credit determined under subparagraph (A) for any taxable year shall not exceed the amounts paid by the taxpayer during the taxable year for insurance coverage - (i) which constitutes medical care (within the meaning of section 213(d)(1)(C)), and (ii) which includes at least 1 qualifying child. For purposes of this subparagraph, the rules of section 213(d)(6) shall apply. (C) Subsidized expenses A taxpayer may not take into account under subparagraph (B) any amount to the extent that - (i) such amount is paid, reimbursed, or subsidized by the Federal Government, a State or local government, or any agency or instrumentality thereof; and (ii) the payment, reimbursement, or subsidy of such amount is not includible in the gross income of the recipient. (c) Definitions and special rules For purposes of this section - (1) Eligible individual (A) In general The term 'eligible individual' means any individual who has a qualifying child for the taxable year. (B) Qualifying child ineligible If an individual is the qualifying child of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall not be treated as an eligible individual for any taxable year of such individual beginning in such calendar year. (C) 2 or more eligible individuals If 2 or more individuals would (but for this subparagraph and after application of subparagraph (B)) be treated as eligible individuals with respect to the same qualifying child for taxable years beginning in the same calendar year, only the individual with the highest adjusted gross income for such taxable years shall be treated as an eligible individual with respect to such qualifying child. (D) Exception for individual claiming benefits under section 911 The term 'eligible individual' does not include any individual who claims the benefits of section 911 (relating to citizens or residents living abroad) for the taxable year. (2) Earned income (A) The term 'earned income' means - (i) wages, salaries, tips, and other employee compensation, plus (ii) the amount of the taxpayer's net earnings from self-employment for the taxable year (within the meaning of section 1402(a)), but such net earnings shall be determined with regard to the deduction allowed to the taxpayer by section 164(f). (B) For purposes of subparagraph (A) - (i) the earned income of an individual shall be computed without regard to any community property laws, (ii) no amount received as a pension or annuity shall be taken into account, and (iii) no amount to which section 871(a) applies (relating to income of nonresident alien individuals not connected with United States business) shall be taken into account. (3) Qualifying child (A) In general The term 'qualifying child' means, with respect to any taxpayer for any taxable year, an individual - (i) who bears a relationship to the taxpayer described in subparagraph (B), (ii) except as provided in subparagraph (B)(iii), who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, (iii) who meets the age requirements of subparagraph (C), and (iv) with respect to whom the taxpayer meets the identification requirements of subparagraph (D). (B) Relationship test (i) In general An individual bears a relationship to the taxpayer described in this subparagraph if such individual is - (I) a son or daughter of the taxpayer, or a descendant of either, (II) a stepson or stepdaughter of the taxpayer, or (III) an eligible foster child of the taxpayer. (ii) Married children Clause (i) shall not apply to any individual who is married as of the close of the taxpayer's taxable year unless the taxpayer is entitled to a deduction under section 151 for such taxable year with respect to such individual (or would be so entitled but for paragraph (2) or (4) of section 152(e)). (iii) Eligible foster child For purposes of clause (i)(III), the term 'eligible foster child' means an individual not described in clause (i)(I) or (II) who - (I) the taxpayer cares for as the taxpayer's own child, and (II) has the same principal place of abode as the taxpayer for the taxpayer's entire taxable year. (iv) Adoption For purposes of this subparagraph, a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. (C) Age requirements An individual meets the requirements of this subparagraph if such individual - (i) has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins, (ii) is a student (as defined in section 151(c)(4)) who has not attained the age of 24 as of the close of such calendar year, or (iii) is permanently and totally disabled (as defined in section 22(e)(3)) at any time during the taxable year. (D) Identification requirements (i) In general The requirements of this subparagraph are met if - (I) the taxpayer includes the name and age of each qualifying child (without regard to this subparagraph) on the return of tax for the taxable year, and (II) in the case of an individual who has attained the age of 1 year before the close of the taxpayer's taxable year, the taxpayer includes the taxpayer identification number of such individual on such return of tax for such taxable year. (ii) Insurance policy number In the case of any taxpayer with respect to which the health insurance credit is allowed under subsection (a)(2), the Secretary may require a taxpayer to include an insurance policy number or other adequate evidence of insurance in addition to any information required to be included in clause (i). (iii) Other methods The Secretary may prescribe other methods for providing the information described in clause (i) or (ii). (E) Abode must be in the United States The requirements of subparagraphs (A)(ii) and (B)(iii)(II) shall be met only if the principal place of abode is in the United States. (d) Married individuals In the case of an individual who is married (within the meaning of section 7703), this section shall apply only if a joint return is filed for the taxable year under section 6013. (e) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. (f) Amount of credit to be determined under tables (1) In general The amount of the credit allowed by this section shall be determined under tables prescribed by the Secretary. (2) Requirements for tables The tables prescribed under paragraph (1) shall reflect the provisions of subsections (a) and (b) and shall have income brackets of not greater than $50 each - (A) for earned income between $0 and the amount of earned income at which the credit is phased out under subsection (b), and (B) for adjusted gross income between the dollar amount at which the phaseout begins under subsection (b) and the amount of adjusted gross income at which the credit is phased out under subsection (b). (g) Coordination with advance payments of earned income credit (1) Recapture of excess advance payments If any payment is made to the individual by an employer under section 3507 during any calendar year, then the tax imposed by this chapter for the individual's last taxable year beginning in such calendar year shall be increased by the aggregate amount of such payments. (2) Reconciliation of payments advanced and credit allowed Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit (other than the credit allowed by subsection (a)) allowable under this subpart. (h) Reduction of credit to taxpayers subject to alternative minimum tax The credit allowed under this section for the taxable year shall be reduced by the amount of tax imposed by section 55 (relating to alternative minimum tax) with respect to such taxpayer for such taxable year. (i) Inflation adjustments (1) In general In the case of any taxable year beginning after the applicable calendar year, each dollar amount referred to in paragraph (2)(B) shall be increased by an amount equal to - (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3), for the calendar year in which the taxable year begins, by substituting 'calendar year 1984' for 'calendar year 1989' in subparagraph (B) thereof. (2) Definitions, etc. For purposes of paragraph (1) - (A) Applicable calendar year The term 'applicable calendar year' means - (i) 1986 in the case of the dollar amounts referred to in clause (i) of subparagraph (B), and (ii) 1987 in the case of the dollar amount referred to in clause (ii) of subparagraph (B). (B) Dollar amounts The dollar amounts referred to in this subparagraph are - (i) the $5,714 dollar amounts contained in subsection (b)(1), and (ii) the $9,000 amount contained in subsection (b)(1)(B)(ii). (3) Rounding If any dollar amount after being increased under paragraph (1) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10 (or, if such dollar amount is a multiple of $5, such dollar amount shall be increased to the next higher multiple of $10). (j) Coordination with certain means-tested programs For purposes of - (1) the United States Housing Act of 1937, (2) title V of the Housing Act of 1949, (3) section 101 of the Housing and Urban Development Act of 1965, (4) sections 221(d)(3), 235, and 236 of the National Housing Act, and (5) the Food Stamp Act of 1977, any refund made to an individual (or the spouse of an individual) by reason of this section, and any payment made to such individual (or such spouse) by an employer under section 3507, shall not be treated as income (and shall not be taken into account in determining resources for the month of its receipt and the following month). -SOURCE- (Added Pub. L. 94-12, title II, Sec. 204(a), Mar. 29, 1975, 89 Stat. 30, Sec. 43, and amended Pub. L. 94-164, Sec. 2(c), Dec. 23, 1975, 89 Stat. 971; Pub. L. 94-455, title IV, Sec. 401(c)(1)(B), (2), Oct. 4, 1976, 90 Stat. 1557; Pub. L. 95-600, title I, Sec. 104(a)-(e), 105(a), Nov. 6, 1978, 92 Stat. 2772, 2773; Pub. L. 95-615, Sec. 202(g)(5), formerly Sec. 202(f)(5), Nov. 8, 1978, 92 Stat. 3100, redesignated and amended Pub. L. 96-222, title I, Sec. 101(a)(1), (2)(E), 108(a)(1)(A), Apr. 1, 1980, 94 Stat. 194, 195, 223; Pub. L. 97-34, title I, Sec. 111(b)(2), 112(b)(3), Aug. 13, 1981, 95 Stat. 194, 195; Pub. L. 98-21, title I, Sec. 124(c)(4)(B), Apr. 20, 1983, 97 Stat. 91; renumbered Sec. 32 and amended Pub. L. 98-369, div. A, title IV, Sec. 423(c)(3), 471(c), title X, Sec. 1042(a)-(d)(2), July 18, 1984, 98 Stat. 801, 826, 1043; Pub. L. 99-514, title I, Sec. 104(b)(1)(B), 111(a)-(d)(1), title XII, Sec. 1272(d)(4), title XIII, Sec. 1301(j)(8), Oct. 22, 1986, 100 Stat. 2104, 2107, 2594, 2658; Pub. L. 100-647, title I, Sec. 1001(c), 1007(g)(12), Nov. 10, 1988, 102 Stat. 3350, 3436; Pub. L. 101-508, title XI, Sec. 11101(d)(1)(B), 11111(a), (b), (e), Nov. 5, 1990, 104 Stat. 1388-405, 1388-408, 1388-412, 1388-413.) -STATAMEND- EARNED INCOME CREDIT ADJUSTMENT FOR TAXABLE YEARS BEGINNING IN 1991 For adjustment of earned income credit under this section for taxable years beginning in 1991, see section 5 of Revenue Procedure 90-64, set out as a note under section 1 of this title. -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (j)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note under section 1437 of Title 42 and Tables. The Housing Act of 1949, referred to in subsec. (j)(2), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Act is classified generally to subchapter III (Sec. 1471 et seq.) of chapter 8A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables. Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (j)(3), is section 101 of Pub. L. 89-117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of Title 42. Sections 221(d)(3), 235, and 236 of the National Housing Act, referred to in subsec. (j)(4), are classified to sections 1715l(d)(3), 1715z, and 1715z-1, respectively, of Title 12. The Food Stamp Act of 1977, referred to in subsec. (j)(5), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. -MISC2- PRIOR PROVISIONS A prior section 32 was renumbered section 33 of this title. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 11111(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'In the case of an eligible individual, there is allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 14 percent of so much of the earned income for the taxable year as does not exceed $5,714.' Subsec. (b). Pub. L. 101-508, Sec. 11111(a), substituted heading for one which read 'Limitation' and amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The amount of the credit allowable to a taxpayer under subsection (a) for any taxable year shall not exceed the excess (if any) of - '(1) the maximum credit allowable under subsection (a) to any taxpayer, over '(2) 10 percent of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $9,000. In the case of any taxable year beginning in 1987, paragraph (2) shall be applied by substituting '$6,500' for '$9,000'.' Subsec. (c). Pub. L. 101-508, Sec. 11111(a), amended subsec. (c) generally, inserting 'and special rules' in heading and substituting present provisions for provisions defining 'eligible individual' and 'earned income'. Subsec. (i)(1)(B). Pub. L. 101-508, Sec. 11101(d)(1)(B), substituted '1989' for '1987'. Subsec. (i)(2)(A). Pub. L. 101-508, Sec. 11111(e)(1), (2), substituted 'clause (i) of subparagraph (B)' for 'clause (i) or (ii) of subparagraph (B)' in cl. (i) and 'clause (ii)' for 'clause (iii)' in cl. (ii). Subsec. (i)(2)(B). Pub. L. 101-508, Sec. 11111(e)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'The dollar amounts referred to in this subparagraph are - '(i) the $5,714 amount contained in subsection (a), '(ii) the $6,500 amount contained in the last sentence of subsection (b), and '(iii) the $9,000 amount contained in subsection (b)(2).' Subsec. (j). Pub. L. 101-508, Sec. 11111(b), added subsec. (j). 1988 - Subsec. (h). Pub. L. 100-647, Sec. 1007(g)(12), struck out 'for taxpayers other than corporations' after 'alternative minimum tax'. Subsec. (i)(3). Pub. L. 100-647, Sec. 1001(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows: 'If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or, if such increase is a multiple of $5, such increase shall be increased to the next higher multiple of $10).' 1986 - Subsec. (a). Pub. L. 99-514, Sec. 111(a), substituted '14 percent' for '11 percent' and '$5,714' for '$5,000'. Subsec. (b). Pub. L. 99-514, Sec. 111(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The amount of the credit allowable to a taxpayer under subsection (a) for any taxable year shall not exceed the excess (if any) of - '(1) $550, over '(2) 12 2/9 percent of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $6,500.' Subsec. (c)(1)(A)(i). Pub. L. 99-514, Sec. 1301(j)(8), substituted 'section 7703' for 'section 143'. Pub. L. 99-514, Sec. 104(b)(1)(B), substituted 'section 151(c)(3)' for 'section 151(e)(3)'. Subsec. (c)(1)(C). Pub. L. 99-514, Sec. 1272(d)(4), struck out 'or 931' after '911' in heading, and amended text generally. Prior to amendment, text read as follows: 'The term 'eligible individual' does not include an individual who, for the taxable year, claims the benefits of - '(i) section 911 (relating to citizens or residents of the United States living abroad), '(ii) section 931 (relating to income from sources within possessions of the United States).' Subsec. (d). Pub. L. 99-514, Sec. 1301(j)(8), substituted 'section 7703' for 'section 143'. Subsec. (f)(2)(A), (B). Pub. L. 99-514, Sec. 111(d)(1), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: '(A) for earned income between $0 and $11,000, and '(B) for adjusted gross income between $6,500 and $11,000.' Subsec. (i). Pub. L. 99-514, Sec. 111(c), added subsec. (i). 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 43 of this title as this section. Subsec. (a). Pub. L. 98-369, Sec. 1042(a), substituted '11 percent' for '10 percent'. Subsec. (b)(1). Pub. L. 98-369, Sec. 1042(d)(1), substituted '$550' for '$500'. Subsec. (b)(2). Pub. L. 98-369, Sec. 1042(b), substituted '12 2/9 percent' for '12.5 percent' and '$6,500' for '$6,000'. Subsec. (c)(1)(A)(i). Pub. L. 98-369, Sec. 423(c)(3)(A), inserted 'or would be so entitled but for paragraph (2) or (4) of section 152(e)'. Subsec. (c)(1)(B). Pub. L. 98-369, Sec. 423(c)(3)(B), substituted 'as the individual for more than one-half of the taxable year' for 'as the individual'. Subsec. (f)(2)(A). Pub. L. 98-369, Sec. 1042(d)(2), substituted 'between $0 and $11,000' for 'between $0 and $10,000'. Subsec. (f)(2)(B). Pub. L. 98-369, Sec. 1042(d)(2), substituted 'between $6,500 and $11,000' for 'between $6,000 and $10,000'. Subsec. (h). Pub. L. 98-369, Sec. 1042(c), added subsec. (h). 1983 - Subsec. (c)(2)(A)(ii). Pub. L. 98-21 inserted before period at end ', but such net earnings shall be determined with regard to the deduction allowed to the taxpayer by section 164(f)'. 1981 - Subsec. (c)(1)(C). Pub. L. 97-34 struck out reference to section 913 in heading, substituted 'relating to citizens or residents of the United States living abroad' for 'relating to income earned by individuals in certain camps outside the United States' in cl. (i), struck out cl. (ii) which made reference to section 913, and redesignated cl. (iii) as (ii). 1980 - Subsec. (c)(1)(C). Pub. L. 96-222, Sec. 101(a)(1), in heading substituted 'who claims benefit of section 911, 913, or 931' for 'entitled to exclude income under section 911' and in text substituted 'claims the benefits of' for 'is entitled to exclude any amounts from gross income under' and inserted reference to section 913 (relating to deduction for certain expenses of living abroad). Subsecs. (g), (h). Pub. L. 96-222, Sec. 101(a)(2)(E), redesignated subsec. (h) as (g). 1978 - Subsec. (a). Pub. L. 95-600, Sec. 104(a), substituted 'subtitle' for 'chapter' and '$5,000' for '$4,000'. Subsec. (b). Pub. L. 95-600, Sec. 104(b), substituted provision limiting the allowable credit to an amount not to exceed the excess of $500 over 12.5 percent of so much of the adjusted gross income for the taxable year as exceeds $6,000 for provision limiting the allowable credit to an amount reduced by 10 percent of so much of the adjusted gross income for the taxable year as exceeds $4,000. Subsec. (c)(1). Pub. L. 95-600, Sec. 104(e), amended par. (1) generally, substituting in definition of eligible individual one who is married and is entitled to a deduction under section 151 for a child, provided the child has the same principal abode as the individual and the abode is in the United States, is a surviving spouse, or is a head of household, provided the household is in the United States for one who maintains a household in the United States which is the principal abode of that individual and a child of that individual who meets the requirements of section 151(e)(1)(B) or a child of that individual who is disabled within the meaning of section 72(m)(7) and to whom the individual is entitled to claim a deduction under section 151. Subsec. (c)(1)(C). Pub. L. 95-615, Sec. 202(f)(5), which directed the amendment of subsec. (c)(1)(B) by substituting '(relating to income earned by employees in certain camps)' for '(relating to earned income from sources without the United States)', was executed to subsec. (c)(1)(C) to reflect the probable intent of Congress and the general amendment of subsec. (c)(1) by Pub. L. 95-600 which enacted provisions formerly contained in subsec. (c)(1)(B) in subsec. (c)(1)(C). Subsec. (c)(2)(B). Pub. L. 95-600, Sec. 104(d), redesignated cls. (ii) to (iv) as (i) to (iii), respectively. Former cl. (i), which provided that amounts be taken into account only if includible in the gross income of the taxpayer for the taxable year, was struck out. Subsec. (f). Pub. L. 95-600, Sec. 104(c), added subsec. (f). Subsec. (h). Pub. L. 95-600, Sec. 105(a), added subsec. (h). 1976 - Subsec. (a). Pub. L. 94-455, Sec. 401(c)(1)(B), substituted 'is allowed' for 'shall be allowed' and struck out provisions relating to the application of the six-month rule. Subsec. (b). Pub. L. 94-455, Sec. 401(c)(1)(B), struck out provisions relating to the application of the six-month rule. Subsec. (c)(1)(A). Pub. L. 94-455, Sec. 401(c)(2), among other changes, substituted 'section 44A(f)(1)' for 'section 214(b)(3)' and 'if such child meets the requirements of section 151(e)(1)(B)' for 'with respect to whom he is entitled to claim a deduction under section 151(e)(1)(B)' and inserted reference to a child of that individual who is disabled (within the meaning of section 72(m)(7)) and with respect to whom that individual is entitled to claim a deduction under section 151. 1975 - Subsec. (a). Pub. L. 94-164 designated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 94-164 designated existing provisions as par. (1) and added par. (2). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 11101(d)(1)(B) of Pub. L. 101-508 applicable to taxable years beginning after Dec. 31, 1990, see section 11101(e) of Pub. L. 101-508, set out as a note under section 1 of this title. Section 11111(f) of Pub. L. 101-508 provided that: 'The amendments made by this section (amending this section and sections 162, 213, and 3507 of this title) shall apply to taxable years beginning after December 31, 1990.' EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by sections 104(b)(1)(B) and 111(a)-(d)(1) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99-514, set out as a note under section 1 of this title. Amendment by section 1272(d)(4) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 1277 of Pub. L. 99-514, set out as a note under section 931 of this title. Amendment by section 1301(j)(8) of Pub. L. 99-514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see sections 1311 to 1318 of Pub. L. 99-514, set out as an Effective Date; Transitional Rules note under section 141 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 423(c)(3) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1984, see section 423(d) of Pub. L. 98-369, set out as a note under section 2 of this title. Section 1042(e) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending sections 32 and 3507 of this title) shall apply to taxable years beginning after December 31, 1984.' EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98-21 applicable to taxable years beginning after Dec. 31, 1989, see section 124(d)(2) of Pub. L. 98-21, set out as a note under section 1401 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-34 applicable with respect to taxable years beginning after Dec. 31, 1981, see section 115 of Pub. L. 97-34, set out as a note under section 911 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Section 101(b)(1)(A) of Pub. L. 96-222 provided that: 'The amendment made by subsection (a)(1) (amending this section) shall apply to taxable years beginning after December 31, 1977.' Section 201 of Pub. L. 96-222 provided that: 'Except as otherwise provided in title I, any amendment made by title I (see Tables for classification) shall take effect as if it had been included in the provision of the Revenue Act of 1978 (Pub. L. 95-600, see Tables for classification) to which such amendment relates.' EFFECTIVE DATE OF 1978 AMENDMENT Section 104(f) of Pub. L. 95-600 provided that: 'The amendments made by this section (amending this section) shall apply to taxable years beginning after December 31, 1978.' Section 105(g)(1) of Pub. L. 95-600 provided that: 'The amendments made by subsections (a) and (d) (amending this section and section 6012 of this title) shall apply to taxable years beginning after December 31, 1978.' EFFECTIVE DATE OF 1978 AMENDMENT; ELECTION OF PRIOR LAW Amendment by Pub. L. 95-615 applicable to taxable years beginning after Dec. 31, 1977, with provision for election of prior law, see section 209 of Pub. L. 95-615, set out as a note under section 911 of this title. EFFECTIVE AND TERMINATION DATES OF 1976 AMENDMENT Section 401(e) of Pub. L. 94-455, as amended by Pub. L. 95-30, title I, Sec. 103(c), May 23, 1977, 91 Stat. 139; Pub. L. 95-600, title I, Sec. 103(b), Nov. 6, 1978, 92 Stat. 2771, provided that: 'The amendments made by subsection (a) (amending sections 43 (now 32) and 6096 of this title) shall apply to taxable years ending after December 31, 1975, and shall cease to apply to taxable years ending after December 31, 1978. The amendments made by subsection (c) (amending this section) shall apply to taxable years ending after December 31, 1975. The amendments made by subsection (b) (amending sections 141 and 6012 of this title) shall apply to taxable years ending after December 31, 1975. The amendments made by subsection (d) (amending section 3402 of this title) shall apply to wages paid after September 14, 1976.' EFFECTIVE AND TERMINATION DATES OF 1975 AMENDMENTS Section 2(g) of Pub. L. 94-164, as amended by Pub. L. 94-455, Sec. 402(b), provided that: 'The amendments made by this section (amending sections 43 (now 32), 141, 3402, and 6012 of this title and provisions set out as notes under sections 42 and 43 (now 32) of this title) (other than by subsection (d) (enacting provisions set out as a note under this section)) apply to taxable years ending after December 31, 1975, and before January 1, 1978. Subsection (d) applies to taxable years ending after December 31, 1975.' Section 209(b) of Pub. L. 94-12, as amended by Pub. L. 94-164, Sec. 2(f), Dec. 23, 1975, 89 Stat. 972; Pub. L. 94-455, title IV, Sec. 401(c)(1)(A), Oct. 4, 1976, 90 Stat. 1557; Pub. L. 95-30, title I, Sec. 103(b), May 23, 1977, 91 Stat. 139; Pub. L. 95-600, title I, Sec. 103(a), Nov. 6, 1978, 92 Stat. 2771, provided that: 'The amendments made by section 204 (enacting this section and amending sections 6201 and 6401 of this title) shall apply to taxable years beginning after December 31, 1974.' PROGRAM TO INCREASE PUBLIC AWARENESS Secretary of the Treasury, or Secretary's delegate, to establish taxpayer awareness program to inform taxpaying public of availability of earned income credit and child health insurance under this section, see section 11114 of Pub. L. 101-508, set out as a note under section 21 of this title. EMPLOYEE NOTIFICATION Section 111(e) of Pub. L. 99-514 provided that: 'The Secretary of the Treasury is directed to require, under regulations, employers to notify any employee who has not had any tax withheld from wages (other than an employee whose wages are exempt from withholding pursuant to section 3402(n) of the Internal Revenue Code of 1986) that such employee may be eligible for a refund because of the earned income credit.' DISREGARD OF REFUND FOR DETERMINATION OF ELIGIBILITY FOR FEDERAL BENEFITS OR ASSISTANCE Section 2(d) of Pub. L. 94-164, as amended by Pub. L. 94-455, title IV, Sec. 402(a), Oct. 4, 1976, 90 Stat. 1558; Pub. L. 95-600, title I, Sec. 105(f), Nov. 6, 1978, 92 Stat. 2776; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'Any refund of Federal income taxes made to any individual by reason of section 43 (now 32) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (relating to earned income credit), and any payment made by an employer under section 3507 of such Code (relating to advance payment of earned income credit) shall not be taken into account in any year ending before 1980 as income or receipts for purposes of determining the eligibility, for the month in which such refund is made or any month thereafter of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds, but only if such individual (or the family unit of which he is a member) is a recipient of benefits or assistance under such a program for the month before the month in which such refund is made.' (Section 105(g)(3) of Pub. L. 95-600 provided that: 'Subsection (f) (amending section 2(d) of Pub. L. 94-164, set out above) shall take effect on the date of enactment of this Act (Nov. 6, 1978).') -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 86, 129, 162, 213, 995, 3507, 6211 of this title; title 2 section 905; title 42 sections 602, 1382a, 1382b, 1383. ------DocID 34705 Document 28 of 127------ -CITE- 26 USC CHAPTER 32 -EXPCITE- TITLE 26 Subtitle D CHAPTER 32 -HEAD- CHAPTER 32 - MANUFACTURERS EXCISE TAXES -MISC1- Subchapter Sec. (FOOTNOTE 1) A. Automotive and related items 4061 (FOOTNOTE 1) Section numbers editorially supplied. B. Coal 4121 C. Certain vaccines 4131 D. Recreational equipment 4161 (E. Repealed.) F. Special provisions applicable to manufacturers tax 4216 G. Exemptions, registration, etc 4221 AMENDMENTS 1987 - Pub. L. 100-203, title IX, Sec. 9201(c), Dec. 22, 1987, 101 Stat. 1330-330, added item for subchapter C. 1978 - Pub. L. 95-227, Sec. 2(c), Feb. 10, 1978, 92 Stat. 12, added item for subchapter B. 1965 - Pub. L. 89-44, title II, Sec. 203, 204, 206, June 21, 1965, 79 Stat. 139, 140, struck out items for subchapters B, C and E. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 4293, 6103, 6302, 6416, 7871 of this title. ------DocID 35920 Document 29 of 127------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 32 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 32. Form of Pleadings -STATUTE- (a) Caption; Names of Parties: Every pleading shall contain a caption setting forth the name of the Court (United States Tax Court), the title of the case, the docket number after it becomes available (see Rule 35), and a designation to show the nature of the pleading. In the petition, the title of the case shall include the names of all parties, but shall not include as a party-petitioner the name of any person other than the person or persons by or on whose behalf the petition is filed. In other pleadings, it is sufficient to state the name of the first party with an appropriate indication of other parties. (b) Separate Statement: All averments of claim or defense, and all statements in support thereof, shall be made in separately designated paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single item or a single set of circumstances. Such paragraph may be referred to by that designation in all succeeding pleadings. Each claim and defense shall be stated separately whenever a separation facilitates the clear presentation of the matters set forth. (c) Adoption by Reference; Exhibits: Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes. (d) Other Provisions: With respect to other provisions relating to the form and style of papers filed with the Court, see Rules 23, 56(a), 57(a), 210(d), 220(d), and 240(d). ------DocID 37014 Document 30 of 127------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 32 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 32. Form of briefs, the appendix and other papers -STATUTE- (a) Form of briefs and the appendix. - Briefs and appendices may be produced by standard typographic printing or by any duplicating or copying process which produces a clear black image on white paper. Carbon copies of briefs and appendices may not be submitted without permission of the court, except in behalf of parties allowed to proceed in forma pauperis. All printed matter must appear in at least 11 point type on opaque, unglazed paper. Briefs and appendices produced by the standard typographic process shall be bound in volumes having pages 6 1/8 by 9 1/4 inches and type matter 4 1/6 by 7 1/6 inches. Those produced by any other process shall be bound in volumes having pages not exceeding 8 1/2 by 11 inches and type matter not exceeding 6 1/2 by 9 1/2 inches, with double spacing between each line of text. In patent cases the pages of briefs and appendices may be of such size as is necessary to utilize copies of patent documents. Copies of the reporter's transcript and other papers reproduced in a manner authorized by this rule may be inserted in the appendix; such pages may be informally renumbered if necessary. If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and the covers to be described are available, the cover of the brief of the appellant should be blue; that of the appellee, red; that of an intervenor or amicus curiae, green; that of any reply brief, gray. The cover of the appendix, if separately printed, should be white. The front covers of the briefs and of appendices, if separately printed, shall contain: (1) the name of the court and the number of the case; (2) the title of the case (see Rule 12(a)); (3) the nature of the proceeding in the court (e.g., Appeal; Petition for Review) and the name of the court, agency, or board below; (4) the title of the document (e.g., Brief for Appellant, Appendix); and (5) the names and addresses of counsel representing the party on whose behalf the document is filed. (b) Form of other papers. - Petitions for rehearing shall be produced in a manner prescribed by subdivision (a). Motions and other papers may be produced in like manner, or they may be typewritten upon opaque, unglazed paper 8 1/2 by 11 inches in size. Lines of typewritten text shall be double spaced. Consecutive sheets shall be attached at the left margin. Carbon copies may be used for filing and service if they are legible. A motion or other paper addressed to the court shall contain a caption setting forth the name of the court, the title of the case, the file number, and a brief descriptive title indicating the purpose of the paper. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Only two methods of printing are now generally recognized by the circuits - standard typographic printing and the offset duplicating process (multilith). A third, mimeographing, is permitted in the Fifth Circuit. The District of Columbia, Ninth, and Tenth Circuits permit records to be reproduced by copying processes. The Committee feels that recent and impending advances in the arts of duplicating and copying warrant experimentation with less costly forms of reproduction than those now generally authorized. The proposed rule permits, in effect, the use of any process other than the carbon copy process which produces a clean, readable page. What constitutes such is left in first instance to the parties and ultimately to the court to determine. The final sentence of the first paragraph of subdivision (a) is added to allow the use of multilith, mimeograph, or other forms of copies of the reporter's original transcript whenever such are available. -CROSS- CROSS REFERENCES Typewritten briefs, appendices, and other papers allowed in forma pauperis, see rule 24. ------DocID 37076 Document 31 of 127------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 32 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 32. Use of Depositions in Court Proceedings -STATUTE- (a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence. (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (A) that the witness is dead; or (B) that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence by a party, an adverse party may require the offeror to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken; and, when an action has been brought in any court of the United States or of any State and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Federal Rules of Evidence. (b) Objections to Admissibility. Subject to the provisions of Rule 28(b) and subdivision (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. ((c) Effect of Taking or Using Depositions.) (Abrogated Nov. 20, 1972, eff. July 1, 1975) (d) Effect of Errors and Irregularities in Depositions. (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (3) As to Taking of Deposition. (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized. (4) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained. -SOURCE- (As amended Mar. 30, 1970, eff. July 1, 1970; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is in accordance with common practice. In most of the states listed in the Note to Rule 26, provisions similar to this rule will be found in the statutes which in their respective statutory compilations follow those cited in the Note to Rule 26. NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT As part of the rearrangement of the discovery rules, existing subdivisions (d), (e), and (f) of Rule 26 are transferred to Rule 32 as new subdivisions (a), (b), and (c). The provisions of Rule 32 are retained as subdivision (d) of Rule 32 with appropriate changes in the lettering and numbering of subheadings. The new rule is given a suitable new title. A beneficial byproduct of the rearrangement is that provisions which are naturally related to one another are placed in one rule. A change is made in new Rule 32(a), whereby it is made clear that the rules of evidence are to be applied to depositions offered at trial as though the deponent were then present and testifying at trial. This eliminates the possibility of certain technical hearsay objections which are based, not on the contents of deponent's testimony, but on his absence from court. The language of present Rule 26(d) does not appear to authorize these technical objections, but it is not entirely clear. Note present Rule 26(e), transferred to Rule 32(b); see 2A Barron & Holtzoff, Federal Practice and Procedure 164-166 (Wright ed. 1961). An addition in Rule 32(a)(2) provides for use of a deposition of a person designated by a corporation or other organization, which is a party, to testify on its behalf. This complements the new procedure for taking the deposition of a corporation or other organization provided in Rules 30(b)(6) and 31(a). The addition is appropriate, since the deposition is in substance and effect that of the corporation or other organization which is a party. A change is made in the standard under which a party offering part of a deposition in evidence may be required to introduce additional parts of the deposition. The new standard is contained in a proposal made by the Advisory Committee on Rules of Evidence. See Rule 1-07 and accompanying Note, Preliminary Draft of Proposed Rules of Evidence for the United States District Courts and Magistrates 21-22 (March, 1969). References to other rules are changed to conform to the rearrangement, and minor verbal changes have been made for clarification. The time for objecting to written questions served under Rule 31 is slightly extended. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (e). The concept of 'making a person one's own witness' appears to have had significance principally in two respects: impeachment and waiver of incompetency. Neither retains any vitality under the Rules of Evidence. The old prohibition against impeaching one's own witness is eliminated by Evidence Rule 607. The lack of recognition in the Rules of Evidence of state rules of incompetency in the Dead Man's area renders it unnecessary to consider aspects of waiver arising from calling the incompetent party witness. Subdivision (c) is deleted because it appears to be no longer necessary in the light of the Rules of Evidence. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (a)(1). Rule 801(d) of the Federal Rules of Evidence permits a prior inconsistent statement of a witness in a deposition to be used as substantive evidence. And Rule 801(d)(2) makes the statement of an agent or servant admissible against the principal under the circumstances described in the Rule. The language of the present subdivision is, therefore, too narrow. Subdivision (a)(4). The requirement that a prior action must have been dismissed before depositions taken for use in it can be used in a subsequent action was doubtless an oversight, and the courts have ignored it. See Wright & Miller, Federal Practice and Procedure: Civil Sec. 2150. The final sentence is added to reflect the fact that the Federal Rules of Evidence permit a broader use of depositions previously taken under certain circumstances. For example, Rule 804(b)(1) of the Federal Rules of Evidence provides that if a witness is unavailable, as that term is defined by the rule, his deposition in any earlier proceeding can be used against a party to the prior proceeding who had an opportunity and similar motive to develop the testimony of the witness. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendment is technical. No substantive change is intended. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subd. (a)(1), (4), are set out in this Appendix. -MISC2- EFFECTIVE DATE OF AMENDMENT PROPOSED NOVEMBER 20, 1972 Amendment of this rule embraced by the order entered by the Supreme Court of the United States on November 20, 1972, effective on the 180th day beginning after January 2, 1975, see section 3 of Pub. L. 93-595, Jan. 2, 1975, 88 Stat. 1959, set out as a note under section 2074 of this title. -CROSS- CROSS REFERENCES Notary public and other persons authorized to administer oaths required by laws of the United States, see section 2903 of Title 5, Government Organization and Employees. Rejection of deposition by court after refusal to sign, see rule 30. ------DocID 37175 Document 32 of 127------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 32 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 32. Judgment on Decision by the Court -STATUTE- United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER XX A. B., Plaintiff v. W Judgment C. D., Defendant This action came on for (trial) (hearing) before the Court, Honorable John Marshall, District Judge, presiding, and the issues having been duly (tried) (heard) and a decision having been duly rendered, It is Ordered and Adjudged (that the plaintiff A. B. recover of the defendant C. D. the sum ofXX, with interest thereon at the rate ofXX percent as provided by law, and his costs of action.) (that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.) Dated at New York, New York, this XX day of XXX, 19X. XXXXXXXXXXXX, Clerk of Court. -MISC1- NOTES 1. This Form is illustrative of the judgment to be entered upon a decision of the court. It deals with the cases of decisions by the court awarding a party only money damages or costs, but is adaptable to other decisions by the court. 2. The clerk, unless the court otherwise orders, is required forthwith, without awaiting any direction by the court, to prepare, sign, and enter the judgment upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied. The form of the judgment upon a decision by the court granting other relief shall be promptly approved by the court, and the clerk shall thereupon enter it. See Rule 58, as amended. 3. See also paragraphs 3-4 of the Explanatory Note to Form 31. (Added Jan. 21, 1963, eff. July 1, 1963.) ------DocID 37299 Document 33 of 127------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 32 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 32. Models, Diagrams, and Exhibits -STATUTE- .1. Models, diagrams, and exhibits of material forming part of the evidence taken in a case, and brought to this Court for its inspection, shall be placed in the custody of the Clerk at least two weeks before the case is to be heard or submitted. .2. All models, diagrams, and exhibits of material placed in the custody of the Clerk must be removed by the parties within 40 days after the case is decided. When this is not done, the Clerk shall notify counsel to remove the articles forthwith. If they are not removed within a reasonable time thereafter, the Clerk shall destroy them or make any other appropriate disposition of them. ------DocID 37354 Document 34 of 127------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 32 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 32. Use of Depositions in Court Proceedings -STATUTE- (a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Federal Rules of Evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions, in addition to Appendix G 16, governing the use of depositions as substantive evidence: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence. (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership, or association, or governmental agency which is a party may be used by an adverse party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (A) that the witness is dead; or (B) that the witness is at a greater distance than 100 miles from the place of trial or hearing and the judge after timely request has refused to authorize a subpoena to the witness or to set a trial in closer proximity to the place of residence of the witness, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence by a party, an adverse party may require the offeror to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken; and, when an action has been brought in any court of the United States or of any State and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Federal Rules of Evidence. (b) Objections to Admissibility. Subject to the provisions of Rules 28(b) and 32(d)(3), objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. (c) Effect of Taking or Using Depositions. (Not used.) (d) Effect of Errors and Irregularities in Depositions. (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (3) As to Taking of Deposition. (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized. (4) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, delivered or mailed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subd. (a), are set out in this Appendix. ------DocID 37461 Document 35 of 127------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 32 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 32. Use of Depositions in Court Proceedings (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) As provided in 28 U.S.C. Sec. 2641(a), the Federal Rules of Evidence apply to all actions in this court, except as provided in 28 U.S.C. Sec. 2639 and 2641(b), or the rules of the court. (a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence. (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(4) or 31(a) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (A) that the witness is dead; (B) that the witness is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) upon application and notice, that such exceptional circumstances exists as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence by a party, an adverse party may require the officer to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts. Substitution of parties pursuant to Rule 25 does not affect the right to use depositions previously taken; and, when an action has been brought in any court of the United States or of any state and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Federal Rules of Evidence. (b) Objections to Admissibility. Subject to the provisions of Rule 28(b) and subdivision (c)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. (c) Effect of Errors and Irregularities in Depositions. (1) As to notice. All errors and irregularities in the notice for taking deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to disqualification of officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (3) As to taking of deposition. (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at the time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized. (4) As to completion and return of deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subd. (a), are set out in this Appendix. ------DocID 38499 Document 36 of 127------ -CITE- 30 USC Sec. 32 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 32. Findings by jury; costs -STATUTE- If, in any action brought pursuant to section 30 of this title, title to the ground in controversy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in controversy until he shall have perfected his title. -SOURCE- (Mar. 3, 1881, ch. 140, 21 Stat. 505.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Continuation of section under rule 54, see Advisory Committee note set out under rule 54, Title 28, Appendix, Judiciary and Judicial Procedure. Judgment and costs, see rule 54. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1. ------DocID 6964 Document 37 of 127------ -CITE- 2 USC Sec. 32 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 32. Compensation of President pro tempore of Senate -STATUTE- Whenever there is no Vice President, the President of the Senate for the time being is entitled to the compensation provided by law for the Vice President. -SOURCE- (R.S. Sec. 36.) -COD- CODIFICATION R.S. Sec. 36 derived from act Aug. 16, 1856, ch. 123, Sec. 2, 11 Stat. 48. -CROSS- CROSS REFERENCES Compensation of Vice President, see section 104 of Title 3, The President. Mileage of President of Senate, see section 43a of this title. ------DocID 39612 Document 38 of 127------ -CITE- 32 USC CHAPTER 1 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- CHAPTER 1 - ORGANIZATION -MISC1- Sec. 101. Definitions. 102. General policy. 103. Branches and organizations. 104. Units: location; organization; command. 105. Inspection. 106. Annual appropriations. 107. Availability of appropriations. 108. Forfeiture of Federal benefits. 109. Maintenance of other troops. 110. Regulations. 111. Suspension of certain provisions of this title. 112. Drug interdiction and counter-drug activities. AMENDMENTS 1989 - Pub. L. 101-189, div. A, title XII, Sec. 1207(a)(2), Nov. 29, 1989, 103 Stat. 1566, added item 112. 1971 - Pub. L. 92-119, Sec. 1(b), Aug. 13, 1971, 85 Stat. 340, substituted 'Availability' for 'Apportionment' in item 107. 1958 - Pub. L. 85-861, Sec. 2(4), Sept. 2, 1958, 72 Stat. 1543, added item 111. -CROSS- CROSS REFERENCES Army National Guard of United States and Air National Guard of United States - Active Federal service, see sections 3495 and 8495 of Title 10, Armed Forces. Component of Army and Air Force, see sections 3078 and 8078 of Title 10. Composition, see sections 3077 and 8077 of Title 10. Enlistment, see sections 510, 3261 and 8261 of Title 10. Inactive status of reserves assigned to inactive Army National Guard or inactive Air National Guard, see section 267 of Title 10. Officers, discharge, see sections 3820 and 8820 of Title 10. Ready Reserve as including units and members of, see section 269 of Title 10. Reserve components, see section 261 of Title 10. Reserve Forces Policy Board membership to include two members each from, see section 175 of Title 10. Status when not in Federal service, see sections 3079 and 8079 of Title 10. Strength, see sections 3224 and 8224 of Title 10. Transfer of members from Ready Reserve to Standby Reserve, see section 269 of Title 10. Transfer of members to Army Reserve or Air Force Reserve, see sections 3259, 3352, 8259, and 8352 of Title 10. Insurrection, see section 331 et seq. of Title 10. Militia of District of Columbia, see D.C. Code, Sec. 39-101 et seq. National Guard Bureau - Assignment of regular or reserve officers of Army or Air Force, see sections 3541 and 8541 of Title 10, Armed Forces. Chief, appointment; acting chief, see section 3040 of Title 10. Commissioned officers of Army National Guard of United States and Air National Guard of United States, duty in Bureau, see sections 3496 and 8496 of Title 10. Functions with respect to Air National Guard, see section 8021 of Title 10. Organized militia as including the National Guard, see section 311 of Title 10. Policies and regulations for government of Army National Guard of United States and Army National Guard, Air National Guard of United States and Air National Guard, see sections 3021 and 8021 of Title 10. Reserve components, standards and procedures for retention and promotion, see section 1001 et seq. of Title 10. ------DocID 39613 Document 39 of 127------ -CITE- 32 USC Sec. 101 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 101. Definitions -STATUTE- In addition to the definitions in sections 1-5 of title 1, the following definitions apply in this title: (1) 'Territory' means any Territory organized after this title is enacted, so long as it remains a Territory. However, for purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, 'Territory' includes Guam and the Virgin Islands. (2) 'Armed forces' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (3) 'National Guard' means the Army National Guard and the Air National Guard. (4) 'Army National Guard' means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that - (A) is a land force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (5) 'Army National Guard of the United States' means the reserve component of the Army all of whose members are members of the Army National Guard. (6) 'Air National Guard' means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that - (A) is an air force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (7) 'Air National Guard of the United States' means the reserve component of the Air Force all of whose members are members of the Air National Guard. (8) 'Officer' means commissioned or warrant officer. (9) 'Enlisted member' means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade. (10) 'Grade' means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. (11) 'Rank' means the order of precedence among members of the armed forces. (12) 'Active duty' means full-time duty in the active military service of the United States. It includes such Federal duty as full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. It does not include full-time National Guard duty. (13) 'Supplies' includes material, equipment, and stores of all kinds. (14) 'Shall' is used in an imperative sense. (15) 'May' is used in a permissive sense. The words 'no person may * * *' mean that no person is required, authorized, or permitted to do the act prescribed. (16) 'Includes' means 'includes but is not limited to'. (17) 'Pay' includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. (18) 'Spouse' means husband or wife, as the case may be. (19) 'Full-time National Guard duty' means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of this title for which the member is entitled to pay from the United States or for which the member has waived pay from the United States. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 596; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(1), 72 Stat. 1542; June 25, 1959, Pub. L. 86-70, Sec. 27, 73 Stat. 148; July 12, 1960, Pub. L. 86-624, Sec. 22, 74 Stat. 417; Oct. 13, 1972, Pub. L. 92-492, Sec. 2(a), 86 Stat. 810; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 507(a), 94 Stat. 2919; Dec. 24, 1980, Pub. L. 96-600, Sec. 3(a), 94 Stat. 3493; Oct. 19, 1984, Pub. L. 98-525, title IV, Sec. 414(b)(1), 98 Stat. 2519; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 101(1) 32:4c (1st 33 words). June 3, 1916, ch. 134, Sec. 62 (1st 36 words of last proviso), 39 Stat. 198. 101(2) (No source). 101(3) 32:2. 32:4b. 101(4) 50:1112(a) (for June 3, 1916, ch. definition 134, Sec. 117, 39 purposes). Stat. 212. 101(5) 10:1835 (less last June 3, 1916, ch. 16 words). 134, Sec. 71; added June 15, 1933, ch. 87, Sec. 9, 48 Stat. 157; Oct. 12, 1949, ch. 681, Sec. 530, 63 Stat. 837; July 9, 1952, ch. 608, Sec. 803 (9th par.), 66 Stat. 505. 101(6) 32:2. July 9, 1952, ch. 101(7) 32:4b. 608, Sec. 702 (for 101(8) 50:1112(b) (for definition 101(9) definition purposes) purposes), 66 Stat. 101(10) (No source). 501. 101(11) (No source). Sept. 19, 1951, ch. 101(12) (No source). 407, Sec. 305 (less 101(13) (No source). last 16 words), 65 101(14) (No source). Stat. 330. 101(15) (No source). 101(16) (No source). (No source). (No source). (No source). ------------------------------- The definitions in clauses (2) and (9)-(17) reflect the adoption of terminology which, though undefined in the source statutes restated in this title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used. Where established uses conflict, a choice has been made. In clause (1), the definition of 'Territory' in 32:4c is executed throughout this revised title by specific reference, where applicable, to the Territories, Puerto Rico, and the Canal Zone. In clause (2), a definition of 'National Guard' is inserted for clarity. In clause (3)(A), the words 'a land force' are substituted for 32:2. The National Defense Act of 1916, Sec. 117 (last 66 words), 39 Stat. 212, is not contained in 32:2. It is also omitted from the revised section as repealed by the act of February 28, 1925, ch. 374, Sec. 3, 43 Stat. 1081. In clauses (3) and (4), the word 'Army' is inserted to distinguish the organizations defined from their Air Force counterparts. In clauses (3) and (5), the words 'unless the context or subject matter otherwise requires - ' and 'as provided in this title', in 32:4b, are omitted as surplusage. In clauses (3)(B) and (5)(B), the words 'has its officers appointed' are substituted for the word 'officered', in 32:4b. In clauses (4) and (6), only that much of the description of the composition of the Army National Guard of the United States and the Air National Guard of the United States is used as is necessary to distinguish these reserve components, respectively, from the other reserve components. In clause (5)(A), the words 'an air force' are substituted for the words 'for which Federal responsibility has been vested in the Secretary of the Air Force or the Department of the Air Force pursuant to law', in 10:1835, and for 32:2 (less applicability to Army National Guard), to make the definition of 'Air National Guard' parallel with the definition of 'Army National Guard', and to make explicit the intent of Congress in creating the Air National Guard, that the organized militia henceforth should consist of three mutually exhaustive classes comprising the Army, Air, and Naval militia. In clause (8), words showing how enlisted members became such are inserted to make clear that enlistment is not the only method of becoming a member in an enlisted grade. 1958 Act --------------------------------------------------------------------- Section of title 32 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 101(2) (No source). (No source). 101(18) (No source). (No source). ------------------------------- In clause (2), the term 'armed forces' is defined for legislative convenience and is defined the same as that term is defined in section 101(4) of title 10, United States Code. The definition in clause (18) reflects the adoption of terminology which, though undefined in the source statutes restated in this title, represents the closest practicable approximation of the ways in which the term has been commonly used. AMENDMENTS 1988 - Cls. (4), (6). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. 1984 - Cl. (12). Pub. L. 98-525, Sec. 414(b)(1)(A), inserted at end 'It does not include full-time National Guard duty.' Cl. (19). Pub. L. 98-525, Sec. 414(b)(1)(B), added cl. (19). 1980 - Cl. (1). Pub. L. 96-600 inserted reference to Guam. Cl. (12). Pub. L. 96-513 struck out 'duty on the active list,' after 'Federal duty as'. 1972 - Cl. (1). Pub. L. 92-492 inserted provision including within term 'Territory' for purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the Virgin Islands. 1960 - Cl. (1). Pub. L. 86-624 struck out reference to Hawaii. 1959 - Cl. (1). Pub. L. 86-70 struck out reference to Alaska. 1958 - Cls. (2) to (18). Pub. L. 85-861 added cls. (2) and (18) and renumbered former cls. (2) to (16) as (3) to (17), respectively. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701(a) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 6323; title 10 section 101; title 28 section 2671. ------DocID 39614 Document 40 of 127------ -CITE- 32 USC Sec. 102 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 102. General policy -STATUTE- In accordance with the traditional military policy of the United States, it is essential that the strength and organization of the Army National Guard and the Air National Guard as an integral part of the first line defenses of the United States be maintained and assured at all times. Whenever Congress determines that more units and organizations are needed for the national security than are in the regular components of the ground and air forces, the Army National Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with such units of other reserve components as are necessary for a balanced force, shall be ordered to active Federal duty and retained as long as so needed. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 597.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 102 50:921(b). July 9, 1952, ch. 608, Sec. 201(b), 66 Stat. 482. ------------------------------- The words 'The Congress further declares * * * as expressed in the National Defense Act of 1916 as amended' and 'It is the intent of Congress that' are omitted as surplusage. The words 'United States' are substituted for the words 'our' and 'this Nation'. The words 'more * * * than are in' are substituted for the words 'in excess of those'. The words 'Federal duty' are substituted for the words 'military service of the United States'. The words 'as long as so needed' are substituted for the words 'so long as such necessity exists'. -CROSS- CROSS REFERENCES Active duty of reserve components generally, see section 672 of Title 10, Armed Forces. Active Federal service, see sections 3495 and 8495 of Title 10. Basic policy for order into Federal service, see section 263 of Title 10. Call into Federal service, see sections 3500 and 8500 of Title 10. Insurrection, see section 331 et seq. of Title 10. Reserve components, see section 261 et seq. of Title 10. ------DocID 39615 Document 41 of 127------ -CITE- 32 USC Sec. 103 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 103. Branches and organizations -STATUTE- The Army National Guard of each State and Territory, Puerto Rico, and the District of Columbia includes such members of the staff corps corresponding to the staff corps of the Army as the Secretary of the Army may authorize. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 597; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 103 32:9. July 9, 1918, ch. 143 (proviso of 13th par. under 'National Guard'), 40 Stat. 875. ------------------------------- The word 'members' is substituted for the words 'officers and enlisted men'. The word 'Regular' is omitted, since the organization is now prescribed for the Army, and the Regular Army is only a personnel category. AMENDMENTS 1988 - Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. -CROSS- CROSS REFERENCES Appointment of National Guard officers as Reserve officers upon Federal recognition, see sections 3351 and 8351 of Title 10, Armed Forces. Army Staff, see section 3031 et seq. of Title 10. ------DocID 39616 Document 42 of 127------ -CITE- 32 USC Sec. 104 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 104. Units: location; organization; command -STATUTE- (a) Each State or Territory and Puerto Rico may fix the location of the units and headquarters of its National Guard. (b) Except as otherwise specifically provided in this title, the organization of the Army National Guard and the composition of its units shall be the same as those prescribed for the Army, subject, in time of peace, to such general exceptions as the Secretary of the Army may authorize; and the organization of the Air National Guard and the composition of its units shall be the same as those prescribed for the Air Force, subject, in time of peace, to such general exceptions as the Secretary of the Air Force may authorize. (c) To secure a force the units of which when combined will form complete higher tactical units, the President may designate the units of the National Guard, by branch of the Army or organization of the Air Force, to be maintained in each State and Territory, Puerto Rico, and the District of Columbia. However, no change in the branch, organization, or allotment of a unit located entirely within a State may be made without the approval of its governor. (d) To maintain appropriate organization and to assist in training and instruction, the President may assign the National Guard to divisions, wings, and other tactical units, and may detail commissioned officers of the National Guard or of the Regular Army or the Regular Air Force, as the case may be, to command those units. However, the commanding officer of a unit organized wholly within a State or Territory, Puerto Rico, or the District of Columbia may not be displaced under this subsection. (e) To insure prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail a commissioned officer of the Regular Army to perform the duties of chief of staff for each fully organized division of the Army National Guard, and a commissioned officer of the Regular Air Force to perform the duties of the corresponding position for each fully organized wing of the Air National Guard. (f) Unless the President consents - (1) an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded; and (2) the actual strength of such an organization in commissioned officers or enlisted members may not be reduced below the minimum strength prescribed by the President. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 598; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), (2), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 104(a) 32:6. June 3, 1916, ch. 134, Sec. 64, 65 (proviso), 68, 39 Stat. 198-200. 104(b) 32:5 (1st sentence). 104(c) 32:5 (less 1st sentence). 104(d) 32:8. June 3, 1916, ch. 134, Sec. 60; June 4, 1920, ch. 227 subch. I, Sec. 36; restated June 15, 1933, ch. 87, Sec. 6, 48 Stat. 156. 104(e) 32:10 (proviso). 104(f) 32:16. ------------------------------- In subsection (a), the words 'within their respective borders' are omitted as surplusage. In subsection (b), the word 'Army' is substituted for the words 'Regular Army', since the Army is the category for which the organization is prescribed, and the Regular Army is a personnel category for which no organization is prescribed. Similarly, the words 'Air Force' are used instead of the words 'Regular Air Force'. In subsection (c), the words 'by branch of the Army or organization of the Air Force' are substituted for the words 'as to branch or arm of service'. The words 'branch, organization, or allotment of a unit' are substituted for the words 'allotment, branch, or arm of units or organizations'. In subsections (d) and (e) the word 'commissioned' is inserted, since 32:8 and 10 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (d), the word 'brigades' is omitted as surplusage. In subsection (e), the word 'tactical' is omitted as surplusage. In subsection (f), the words 'have received compensation from the United States as members of the National Guard' are substituted for the words 'shall be entitled to and shall have received compensation under the provisions of this title'. The words 'actual strength * * * in commissioned officers or enlisted members' are substituted for the words 'commissioned or enlisted strength'. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(2), substituted 'Each State or Territory and Puerto Rico' for 'Each State and Territory, Puerto Rico, and the Canal Zone'. Subsecs. (c), (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out 'the Canal Zone,' after 'Puerto Rico,'. RETENTION OF ANCIENT PRIVILEGES AND ORGANIZATION Section 32 of act Aug. 10, 1956, provided that: '(a) Any corps of artillery, cavalry, or infantry existing in any of the States on the passage of the Act of May 8, 1792, which by the laws, customs, or usages of those States has been in continuous existence since the passage of that Act, shall be allowed to retain its ancient privileges, subject, nevertheless to all duties required by law of militia: Provided, That those organizations may be a part of the National Guard and entitled to all the privileges thereof, and shall conform in all respects to the organization, discipline, and training to the National Guard in time of war: Provided further, That for purposes of training and when on active duty in the service of the United States they may be assigned to higher units, as the President may direct, and shall be subject to the orders of officers under whom they shall be serving. '(b) The First Corps Cadets, antedating, and continuously existing in the State of Massachusetts since, the Act of May 8, 1792, now designated as the 126th Tank Battalion, 26th Infantry Division, hereby declared to be a corps as defined in subsection (a) of this Act for all purposes thereof and now incorporated in the Organized Militia and a part of the National Guard of Massachusetts, shall be allowed to retain its ancient privileges and organization. The First Corps Cadets is hereby declared to be entitled to a lieutenant colonel in command and a major second in command; and those officers, when federally recognized, are entitled to the pay provided by law for their respective grades: Provided, That nothing in this section or other provisions of law shall be considered to be in derogation of any other ancient privileges to which the First Corps Cadets is entitled under the laws, customs, or usages of the State of Massachusetts.' -CROSS- CROSS REFERENCES Army Staff and Air Staff, see sections 3031 et seq. and 8031 et seq. of Title 10, Armed Forces. Chief and assistant chief of staff of divisions of Army National Guard in Federal service, detail, see section 3542 of Title 10. Chief and assistant chief of staff of wings of Air National Guard in Federal service, detail, see section 8542 of Title 10. Limitation on relocation of units, see section 2238 of Title 10. Policies and regulations for government of reserve components of Army and Air Force, see sections 3021 and 8021 of Title 10. ------DocID 39617 Document 43 of 127------ -CITE- 32 USC Sec. 105 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 105. Inspection -STATUTE- (a) Under regulations prescribed by him, the Secretary of the Army may have an inspection made by inspectors general, or, if necessary, by any other commissioned officers of the Regular Army detailed for that purpose, to determine whether - (1) the amount and condition of property held by the Army National Guard are satisfactory; (2) the Army National Guard is organized as provided in this title; (3) the members of the Army National Guard meet prescribed physical and other qualifications; (4) the Army National Guard and its organization are properly uniformed, armed, and equipped and are being trained and instructed for active duty in the field, or for coast defense; (5) Army National Guard records are being kept in accordance with this title; and (6) the accounts and records of each property and fiscal officer are properly maintained. The Secretary of the Air Force has a similar duty with respect to the Air National Guard. (b) The reports of inspections under subsection (a) are the basis for determining whether the National Guard is entitled to the issue of military property as authorized under this title and to retain that property; and for determining which organizations and persons constitute units and members of the National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 598; July 30, 1977, Pub. L. 95-79, title VIII, Sec. 804(a), 91 Stat. 333.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 105(a) 32:15 (1st sentence). June 3, 1916, ch. 134, Sec. 93, 39 Stat. 206. 105(b) 32:15 (less 1st sentence). ------------------------------- In subsection (a), the word 'commissioned' is inserted, since 32:15 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (a)(2), the words 'provided in this title' are substituted for the words 'hereinbefore prescribed'. In subsection (a)(4), the words 'the Army National Guard and its organizations' are substituted for the words 'the organization and the officers and enlisted men thereof'. The word 'uniformed' is omitted as covered by the word 'equipped'. In subsection (b), the words 'under subsection (a)' are substituted for the word 'such'. The words 'units and members' are substituted for the word 'parts'. The words 'within the meaning of this title' are omitted as surplusage. AMENDMENTS 1977 - Subsec. (a). Pub. L. 95-79 substituted 'Under regulations prescribed by him, the Secretary of the Army may have an inspection made' for 'The Secretary of the Army shall have an inspection made at least once a year' and added cl. (6). ------DocID 39618 Document 44 of 127------ -CITE- 32 USC Sec. 106 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 106. Annual appropriations -STATUTE- Sums will be appropriated annually, out of any money in the Treasury not otherwise appropriated, for the support of the Army National Guard and the Air National Guard, including the issue of arms, ordnance stores, quartermaster stores, camp equipage, and other military supplies, and for the payment of other expenses authorized by law. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 599.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 106 32:21. June 3, 1916, ch. 134, Sec. 67 (1st par.), 39 Stat. 199. ------------------------------- The words 'issue of' are substituted for the words 'the expense of providing'. The words 'for issue to the National Guard' and 'pertaining to said guard as are or may be' are omitted as surplusage. -CROSS- CROSS REFERENCES Supplies, services, and facilities, issuance to reserve components, see section 2521 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 107 of this title; title 10 section 2521. ------DocID 39619 Document 45 of 127------ -CITE- 32 USC Sec. 107 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 107. Availability of appropriations -STATUTE- (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 quarters 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 3496 or 8496 of title 10 shall be paid from appropriations for the pay of the Army National Guard or Air National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 599; Sept. 11, 1967, Pub. L. 90-83, Sec. 4, 81 Stat. 220; Aug. 13, 1971, Pub. L. 92-119, Sec. 1(a), 85 Stat. 340; Sept. 13, 1982, Pub. L. 97-258, Sec. 2(h), 96 Stat. 1061; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- 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 par.), 39 Stat. 199; Sept. 22, 1922, ch. 423, Sec. 3, 42 Stat. 1034; Apr. 6, 1928, ch. 321, 45 Stat. 406. 107(b) 32:22 (proviso, less 107(c) words between 5th and 7th semicolons). 32:22 (words between 5th and 7th semicolons of proviso). ------------------------------- 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 (Statues 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 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'. -CROSS- CROSS REFERENCES National Guard Bureau, assignment of regular or reserve officers of Army or Air Force, see sections 3541 and 8541 of Title 10, Armed Forces. Supplies, services, and facilities, issuance to reserve components, see section 2521 of Title 10. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2521. ------DocID 39620 Document 46 of 127------ -CITE- 32 USC Sec. 108 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 108. Forfeiture of Federal benefits -STATUTE- If, within a time to be fixed by the President, a State does not comply with or enforce a requirement of, or regulation prescribed under, this title its National Guard is barred, wholly or partly as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 600.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 108 32:24. June 3, 1916, ch. 134, Sec. 116, 39 Stat. 212. ------------------------------- The words 'does not comply' are substituted for the words 'shall * * * have failed or refused to comply'. The words 'a requirement of, or regulation prescribed under, this title' are substituted for the words 'any requirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army'. The words 'money or any other aid' are substituted for the words 'pecuniary or other aid'. The words 'or provided by this title or any other' are omitted as surplusage. ------DocID 39621 Document 47 of 127------ -CITE- 32 USC Sec. 109 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 109. Maintenance of other troops -STATUTE- (a) In time of peace, a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c). (b) Nothing in this title limits the right of a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary. (c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces. (d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States. (e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 600; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(2), 72 Stat. 1542; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 109(a) 32:194(a) (1st June 3, 1916, ch. sentence). 134, Sec. 61 (less (b)); restated Oct. 21, 1940, ch. 904 (less last 3 provisos); restated Aug. 18, 1941, ch. 363 (less last 3 provisos); restated Oct. 1, 1942, ch. 570 (less (b)); restated June 26, 1944, ch. 279 (less (b)); restated Sept. 27, 1950, ch. 1058 (less (b)), 64 Stat. 1072. 109(b) 32:194(c) (as applicable to 32:194(a) (1st sentence)). 32:194(a) (less 1st sentence). 32:194(c) (less applicability to 32:194(a) (1st sentence)). ------------------------------- In subsection (a), the words 'those of its National Guard' are substituted for the words 'as authorized in accordance with the organization prescribed under this Act'. In subsections (a) and (b), the provisions of 32:194(c) are exhausted by the enumeration of the jurisdictions named. In subsection (b), the words 'Nothing in this title limits' are substituted for the words 'Nothing contained in this Act shall be construed to limit'. 1958 Act --------------------------------------------------------------------- Section of title 32 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 109(c) 32 App.:194(b) (less Aug. 11, 1955, ch. 4th and last 802, 69 Stat. 686. sentences). 109(d) 32 App.:194(b) (4th sentence). 109(e) 32 App.:194(b) (last sentence). ------------------------------- In subsection (c), the words 'heretofore authorized by this Act (sic)', 'as such', and 'in any manner' are omitted as surplusage. In subsection (d), the words 'under any Federal law' are omitted since only Federal law could require service in the armed forces. The word 'military' is omitted as surplusage. In subsection (e), the words 'defense force' are substituted for the words 'organized militia' for accuracy and to conform to subsection (c). The words 'reserve component of the armed forces' are substituted for the words 'Reserve Forces as defined in section 901 of Title 50', since that term is not defined in the Armed Forces Reserve Act of 1952. AMENDMENTS 1988 - Subsecs. (a) to (c). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Virgin Islands,'. 1958 - Subsecs. (a), (b). Pub. L. 85-861, Sec. 2(2)(A), substituted 'defense forces authorized by subsection (c)' for 'State defense forces'. Subsecs. (c) to (e). Pub. L. 85-861, Sec. 2(2)(B), added subsecs. (c) to (e). ------DocID 39622 Document 48 of 127------ -CITE- 32 USC Sec. 110 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 110. Regulations -STATUTE- The President shall prescribe regulations, and issue orders, necessary to organize, discipline, and govern the National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 600.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 110 32:17. June 3, 1916, ch. 134, Sec. 118, 39 Stat. 213. ------------------------------- The word 'rules' is omitted as covered by the word 'regulations'. The words 'National Guard' are substituted for the words 'the militia provided for in this title'. The words 'for the thorough' are omitted as surplusage. ------DocID 39623 Document 49 of 127------ -CITE- 32 USC Sec. 111 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 111. Suspension of certain provisions of this title -STATUTE- In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) of this title with respect to the Army National Guard or the Air National Guard. -SOURCE- (Added Pub. L. 85-861, Sec. 2(3), Sept. 2, 1958, 72 Stat. 1543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 111 50:1199 (as Sept. 3, 1954, ch. applicable to 1257, Sec. 209 (as National Guard). applicable to National Guard), 68 Stat. 1152. ------------------------------- Reference to the exception in section 307(a) is omitted as unnecessary because a suspension of section 307(e) of this title, or of section 8365 or 8366 of Title 10, will in effect suspend that exception so far as it refers to the suspended section. A reference to the remainder of section 307(a) is omitted as unnecessary because the general rule that it states exists independently of that part of the source law for section 307(a) that is suspendible under this section. A reference to section 307(f) is omitted as unnecessary because a suspension of section 307(e) will in effect suspend section 307(f) so far as it applies to section 307(e). 50:1199 (2d sentence) is omitted as inapplicable to the National Guard. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. ------DocID 39624 Document 50 of 127------ -CITE- 32 USC Sec. 112 -EXPCITE- TITLE 32 CHAPTER 1 -HEAD- Sec. 112. Drug interdiction and counter-drug activities -STATUTE- (a) Funding Assistance. - The Secretary of Defense may provide to the Governor of a State who submits a plan to the Secretary under subsection (b) sufficient funds for - (1) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State used for - (A) the purpose of drug interdiction and counter-drug activities; and (B) the operation and maintenance of the equipment and facilities of the National Guard of that State used for that purpose; and (2) the procurement of services and leasing of equipment for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. (b) Plan Requirements. - A plan referred to in subsection (a) shall - (1) specify how personnel of the National Guard of that State are to be used in drug interdiction and counter-drug activities; (2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; and (3) certify that participation by National Guard personnel in those operations is service in addition to annual training required under section 502 of this title. (c) Examination of Plan. - (1) Before funds are provided to the Governor of a State under this section, the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (b). (2) Except as provided in paragraph (3), the Secretary shall carry out paragraph (1) in consultation with - (A) the Attorney General of the United States in the case of a plan submitted for fiscal year 1990; and (B) the Director of National Drug Control Policy in the case of a plan submitted for subsequent fiscal years. (3) Paragraph (2) shall not apply if - (A) the Governor of a State submits a plan under subsection (b) that is substantially the same as a plan submitted for that State for a previous fiscal year; and (B) funds were provided to the State pursuant to such plan. (d) Statutory Construction. - Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. (e) Exclusion From End-Strength Computation. - (1) Members of the National Guard on active duty or full-time National Guard duty for the purposes of administering this section shall not be counted toward the annual end strength authorized for reserves on active duty in support of the reserve components of the armed forces or toward the strengths authorized in sections 517 and 524 of title 10. (2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report specifying for the period covered by the report the number of members of the National Guard excluded under paragraph (1) from the computation of end strengths. (f) Definitions. - For purposes of this section: (1) The term 'counter-drug activities' includes the use of National Guard personnel, while not in Federal service, in any law enforcement activities authorized by State and local law and requested by the Governor. (2) The term 'Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. (3) The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. -SOURCE- (Added Pub. L. 101-189, div. A, title XII, Sec. 1207(a)(1), Nov. 29, 1989, 103 Stat. 1564.) -MISC1- PRIOR PROVISIONS Similar provisions were contained in Pub. L. 100-456, div. A, title XI, Sec. 1105, Sept. 29, 1988, 102 Stat. 2047, which was set out as a note under section 374 of Title 10, Armed Forces, and was repealed by Pub. L. 101-189, div. A, title XII, Sec. 1207(b), Nov. 29, 1989, 103 Stat. 1566. ------DocID 39625 Document 51 of 127------ -CITE- 32 USC CHAPTER 3 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- CHAPTER 3 - PERSONNEL -MISC1- Sec. 301. Federal recognition of enlisted members. 302. Enlistments, reenlistments, and extensions. 303. Active and inactive enlistments and transfers. 304. Enlistment oath. 305. Federal recognition of commissioned officers: persons eligible. 307. Federal recognition of officers: examination; certificate of eligibility. 308. Federal recognition of officers: temporary recognition. 309. Federal recognition of officers: Army National Guard; officers promoted to fill vacancies. 310. Federal recognition of officers: Army National Guard; automatic recognition. 312. Appointment oath. 313. Appointments and enlistments: age limitations. 314. Adjutants general. 315. Detail of regular members of Army and Air Force to duty with National Guard. 316. Detail of members of Army National Guard for rifle instruction of civilians. 317. Command during joint exercises with Federal troops. (318 to 321. Repealed.) 322. Discharge of enlisted members. 323. Withdrawal of Federal recognition. 324. Discharge of officers; termination of appointment. 325. Relief from National Guard duty when ordered to active duty. 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures. 327. General courts-martial of National Guard not in Federal service. 328. Special courts-martial of National Guard not in Federal service. 329. Summary courts-martial of National Guard not in Federal service. 330. Confinement instead of fine. 331. Dismissal or dishonorable discharge. 332. Compelling attendance of accused and witnesses. 333. Execution of process and sentence. (334, 335. Repealed.) AMENDMENTS 1986 - Pub. L. 99-661, div. A, title VI, Sec. 604(f)(2)(B), Nov. 14, 1986, 100 Stat. 3878, struck out item 318 'Compensation for disablement during training', item 319 'Compensation for disablement during training when not covered by section 318 of this title', item 320 'Hospitalization: when Secretary may require', and item 321 'Death gratuity'. 1984 - Pub. L. 98-525, title IV, Sec. 414(b)(2)(B), Oct. 19, 1984, 98 Stat. 2519, struck out item 335 'Status of certain members performing full-time duty'. 1983 - Pub. L. 98-94, title V, Sec. 504(b)(2), Sept. 24, 1983, 97 Stat. 632, added item 335. 1981 - Pub. L. 97-124, Sec. 3, Dec. 29, 1981, 95 Stat. 1666, struck out item 334 'Payment of malpractice liability of National Guard Medical personnel'. 1980 - Pub. L. 96-513, title V, Sec. 515(1), Dec. 12, 1980, 94 Stat. 2937, inserted 'of officers' after 'recognition' in item 307. 1976 - Pub. L. 94-464, Sec. 2(c), Oct. 8, 1976, 90 Stat. 1988, added item 334. 1961 - Pub. L. 87-378, Sec. 5(2), Oct. 4, 1961, 75 Stat. 808, inserted ', reenlistments, and extensions' in item 302. 1958 - Pub. L. 85-861, Sec. 2(8), Sept. 2, 1958, 72 Stat. 1544, added items 309 and 310. -CROSS- CROSS REFERENCES Active Federal status, see sections 3495 and 8495 of Title 10, Armed Forces. Appointments as reserve officers, see section 591 et seq., 3351 et seq., and 8351 et seq. of Title 10. Army National Guard and Air National Guard in Federal service, call, see sections 3500 and 8500 of Title 10. Army Reserve or Air Force Reserve - Transfer from Army National Guard of United States or Air National Guard of United States to, see sections 3259, 3352, 8259 and 8352 of Title 10. Transfer to upon withdrawal as member of Army National Guard or Air National Guard, see sections 3260 and 8260 of Title 10. Basic policy for order of Army National Guard of the United States and Air National Guard of the United States into Federal service, see section 263 of Title 10. Pay and allowances generally, see Title 37, Pay and Allowances of the Uniformed Services. Reserve components: detail of members of regular and reserve components to assist, see section 715 of Title 10, Armed Forces. Status when not in Federal service, see sections 3079 and 8079 of Title 10. Uniform, when wearing by persons not on active duty authorized, see section 772 of Title 10. ------DocID 39626 Document 52 of 127------ -CITE- 32 USC Sec. 301 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 301. Federal recognition of enlisted members -STATUTE- To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 601.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 301 50:1113(a) (as July 9, 1952, ch. applicable to 608, Sec. 703(a) enlisted members). (as applicable to enlisted members), 66 Stat. 502. ------------------------------- -CROSS- CROSS REFERENCES Withdrawal of Federal recognition, see section 323 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 323 of this title. ------DocID 39627 Document 53 of 127------ -CITE- 32 USC Sec. 302 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 302. Enlistments, reenlistments, and extensions -STATUTE- (a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for - (1) any specified term, not less than three years, for persons who have not served in an armed force; or (2) any specified term, not less than one year, for persons who have served in any armed force. (b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period. (c) Enlistments or reenlistments in the National Guard may be extended - (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or (2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 601; Oct. 4, 1961, Pub. L. 87-378, Sec. 5(1), 75 Stat. 808.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 302 32:124. June 3, 1916, ch. 134, Sec. 69; restated July 11, 1919, ch. 8 (20th par. under 'National Guard'); restated June 4, 1920, ch. 227, subch. I, Sec. 37; restated June 6, 1924, ch. 275, Sec. 4; restated June 15, 1933, ch. 87, Sec. 7, 48 Stat. 156; July 9, 1952, ch. 608, Sec. 806(a), 66 Stat. 506. ------------------------------- 32:124 (1st proviso) is omitted as executed. The word 'reenlistments' is substituted for the words 'subsequent enlistments'. AMENDMENTS 1961 - Pub. L. 87-378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-378 not effective with respect to any enlistment, reenlistment, or appointment entered into or made before Oct. 4, 1961, see section 6 of Pub. L. 87-378, set out as a note under section 3261 of Title 10, Armed Forces. -CROSS- CROSS REFERENCES Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10, Armed Forces. ------DocID 39628 Document 54 of 127------ -CITE- 32 USC Sec. 303 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 303. Active and inactive enlistments and transfers -STATUTE- (a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years. (b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be. (c) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 601; Sept. 7, 1962, Pub. L. 87-649, Sec. 14e(1), 76 Stat. 502; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 515(2), 94 Stat. 2937.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 303(a) 32:132. June 3, 1916, ch. 134, Sec. 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, Sec. 42 (less provisos); restated Feb. 28, 1925, ch. 371, Sec. 2 (1st and 2d sentences); restated June 15, 1933, ch. 87, Sec. 15 (1st and 2d sentences), 48 Stat. 159; July 9, 1952, ch. 608, Sec. 806(f), 66 Stat. 507. 303(b) 32:133 (less proviso) 303(c) 32:154 (1st 26 words 303(d) of last par.). 32:133 (proviso). June 3, 1916, ch. 134, Sec. 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, Sec. 6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500. ------------------------------- In subsection (a), 32:132 (last 23 words) is omitted as covered by section 304 of this title. In subsection (b), the words 'Under such regulations as the Secretary may prescribe' are substituted for the word 'likewise'. In subsection (c), the words 'in the inactive * * * National Guard' are substituted for the words 'not on the active list', since there is no active list prescribed for the National Guard. In subsection (d), the words 'under any enlistment' are omitted as surplusage. AMENDMENTS 1980 - Subsecs. (c), (d). Pub. L. 96-513 redesignated subsec. (d) as (c). 1962 - Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which provided that a person enlisted in inactive Army National Guard or inactive Air National Guard is not entitled to pay under section 301 of title 37. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. -CROSS- CROSS REFERENCES Persons enlisted in inactive National Guard not entitled to pay, see section 206 of Title 37, Pay and Allowances of Uniformed Services. Transfer of enlisted members from Army National Guard of United States and Air National Guard of United States to Army Reserve and Air Force Reserve, see sections 3259 and 8259 of Title 10, Armed Forces. ------DocID 39629 Document 55 of 127------ -CITE- 32 USC Sec. 304 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 304. Enlistment oath -STATUTE- Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: 'I do hereby acknowledge to have voluntarily enlisted this XX day of XXXX, 19X, in the XXXXXX National Guard of the State of XXXXXX for a period of XX year(s) under the conditions prescribed by law, unless sooner discharged by proper authority. 'I, XXXXXXXX, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of XXXXXX against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of XXXXXX and the orders of the officers appointed over me, according to law and regulations. So help me God.' The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Oct. 5, 1962, Pub. L. 87-751, Sec. 2, 76 Stat. 748; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 304 32:123. June 3, 1916, ch. 134, Sec. 70; restated June 4, 1920, ch. 227, subch. I, Sec. 38; restated June 15, 1933, ch. 87, Sec. 8, 48 Stat. 156; June 19, 1935, ch. 277, Sec. 3, 49 Stat. 391; July 9, 1952, ch. 608, Sec. 806(b), 66 Stat. 506. ------------------------------- The words 'or affirmation' are omitted as covered by the definition of the word 'oath' in section 1 of title 1. The words 'Each person' are substituted for the word 'Men'. The words 'XXXXXX National Guard' are substituted for the words 'National Guard (Air National Guard)'. AMENDMENTS 1988 - Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. 1962 - Pub. L. 87-751 substituted 'support and defend the Constitution of the United States and of the State of XXXXXX against all enemies, foreign and domestic; that I will bear true faith and allegiance to them' for 'bear true faith and allegiance to the United States of America and to the State of XXXXXX: That I will serve them honestly and faithfully against all their enemies whomsoever' and inserted 'So help me God.' EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set out as a note under section 502 of Title 10, Armed Forces. -CROSS- CROSS REFERENCES General military law provision, see section 502 of Title 10, Armed Forces. Subscription to oath necessary for enlistment as member of Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 3261, 8261. ------DocID 39630 Document 56 of 127------ -CITE- 32 USC Sec. 305 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 305. Federal recognition of commissioned officers: persons eligible -STATUTE- (a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard: (1) Members of the National Guard. (2) Members of the Army, Navy, Air Force, or Marine Corps. (3) Former officers of the Army, Navy, Air Force, or Marine Corps. (4) Former enlisted members of the Army, Navy, Air Force, or Marine Corps who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy. (6) Graduates of a school, college, university, or officer's training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer. (7) Civilians who are specially qualified for duty in a technical or staff branch or organization. (b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(5), 72 Stat. 1543; Nov. 8, 1967, Pub. L. 90-130, Sec. 2(1), 81 Stat. 383.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 305 32:111 (less 37th June 3, 1916, ch. through 54th 134, Sec. 74 (less words). 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, Sec. 41 (less 39th through 56th words), 41 Stat. 781. ------------------------------- The word 'individual' is inserted for clarity to distinguish the individual Federal recognition that is necessary to membership as an officer from the general Federal recognition that is necessary to all membership in the National Guard (see section 301 of this title). The words 'June 4, 1920' are omitted as obsolete. The words 'Only persons selected from the following categories are eligible for individual Federal recognition as commissioned officers' are substituted for the words 'Persons commissioned * * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following classes'. In clause (2), the words 'reserve officers' are omitted as covered by the words 'members of the Army, Navy, Air Force, or Marine Corps'. In clause (4), the words 'under honorable conditions' are inserted for clarity. In clause (5), the words 'the United States Air Force Academy' are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47). In clause (7), the words 'staff branch' are substituted for the words 'Staff Corps and departments'. 1958 Act --------------------------------------------------------------------- Section of title 32 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 305(b) 32 App.:4 (less July 30, 1956, ch. applicability to 789, Sec. 2 (less age). applicability to age), 3, 70 Stat. 729. ------------------------------- The words 'who are citizens of the United States' are omitted as covered by section 313(b) of this title. The words 'with a view to serving' are substituted for the words 'to serve'. The words 'and have the physical and other qualifications prescribed by the Secretary of the Army' and section 3 of the source statute are omitted as covered by section 307(a)(2) of this title. The applicability of section 3 of the source statute to section 1 of the source statute is omitted as unnecessary. AMENDMENTS 1967 - Subsec. (a). Pub. L. 90-130, Sec. 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard. Subsec. (b). Pub. L. 90-130, Sec. 2(1)(B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted 'person' for 'woman' in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse. 1958 - Subsec. (a). Pub. L. 85-861, Sec. 2(5)(A), designated existing provisions as subsec. (a) and substituted 'Except as provided in subsection (b), only male persons' for 'Only persons'. Subsec. (b). Pub. L. 85-861, Sec. 2(5)(B), added subsec. (b). ------DocID 39631 Document 57 of 127------ -CITE- 32 USC Sec. 307 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 307. Federal recognition of officers: examination; certificate of eligibility -STATUTE- (a) To be eligible for Federal recognition as an officer of the National Guard, a person must - (1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard; (2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and (3) except as provided in subsections (d) and (e) of this section and sections 8365 and 8366 of title 10, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title. (b) The examination prescribed by subsection (a) - (1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and (2) may be held before original appointment or promotion. (c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition. (d) Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. (e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade. (f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(6), 72 Stat. 1543; Oct. 13, 1972, Pub. L. 92-492, Sec. 2(b), 86 Stat. 810; Dec. 16, 1980, Pub. L. 96-535, 94 Stat. 3165.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 307(a) 32:113 (1st June 3, 1916, ch. sentence). 134, Sec. 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, Sec. 41 (39th through 56th words), 41 Stat. 781. 307(b) 32:111 (37th through June 3, 1916, ch. 307(c) 54th words). 134, Sec. 75; 307(d) 50:1113(a) (as restated June 15, applicable to 1933, ch. 87, Sec. officers). 12, 48 Stat. 158; 32:113 (2d sentence July 9, 1952, ch. and 1st 24 words of 608, Sec. 803 (10th 3d sentence). par.), 66 Stat. 505. 32:113 (3d sentence, less 1st 24 words). 50:1115(a) (less last 39 words). July 9, 1952, ch. 608, Sec. 703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. ------------------------------- In subsection (b), the words 'prescribed by subsection (a)' are substituted for the words 'to determine such qualifications for appointment'. The word 'designated' is substituted for the word 'appointed', since the filling of the positions involved is not an appointment to office in the constitutional sense. The words 'of an individual as an officer or warrant officer' are omitted as surplusage. In subsection (c), the word 'originally' is inserted for clarity. The words 'If such a board finds a person' are substituted for the words 'if the applicant has been found'. The words 'for individual Federal recognition for the office for which he was found qualified' are inserted for clarity. The words 'that office' are substituted for the words 'the office for which he was found qualified'. In subsection (d), the words 'Notwithstanding the provisions of section 113 of Title 32' are omitted as covered by the words of exception in revised subsection (a). The words 'Subject to subsection (a)(1) and (2)' are inserted, since 50:1115(a) (less last 39 words) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words 'in his reserve grade' are substituted for the words 'in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States'. The last sentence is inserted for clarity. 1958 Act --------------------------------------------------------------------- Section of title 32 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 307(a) 50:1349(b) (1st Sept. 3, 1954, ch. sentence). 1257, Sec. 519(b), 68 Stat. 1179. 307(e) 50:1349(b) (less 1st sentence, and less 36th through 58th words of 2d sentence). 307(f) 50:1349(b) (36th through 58th words of 2d sentence). ------------------------------- In subsection (e), the words 'to subsection (a)(1) and (2)' are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words 'without the examination prescribed in section 113 of Title 32' are omitted as covered by the words of exception in revised subsection (a). The last 37 words are substituted for 50:1349(b) (last 29 words of 2d sentence; and last sentence). AMENDMENTS 1980 - Subsec. (g). Pub. L. 96-535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel. 1972 - Subsec. (g). Pub. L. 92-492 added subsec. (g). 1958 - Subsec. (a)(3). Pub. L. 85-861, Sec. 2(6)(A), substituted 'subsections (d) and (e) of this section and sections 8365 and 8366 of title 10' for 'subsection (d)'. Subsecs. (e), (f). Pub. L. 85-861, Sec. 2(6)(B), added subsecs. (e) and (f). -CROSS- CROSS REFERENCES Appointment of officers of Army National Guard and Air National Guard as Reserves for service as members of Army National Guard of United States and Air National Guard of United States, see sections 3351 and 8351 of Title 10, Armed Forces. Extension of recognition upon promotion in Air National Guard of the United States without examination, see sections 8365, 8366, and 8376 of Title 10. Suspension of subsec. (e) of this section, see section 111 of this title. Transfer of officers from Army National Guard of United States and Air Force National Guard of United States to Army Reserve and Air Force Reserve, see sections 3352 and 8352 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 111, 308, 310 of this title; title 10 sections 8365, 8366, 8376. ------DocID 39632 Document 58 of 127------ -CITE- 32 USC Sec. 308 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 308. Federal recognition of officers: temporary recognition -STATUTE- (a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in section 307(b) of this title, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates six months after its effective date. (b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 603.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 308(a) 50:1114 (less 2d and July 9, 1952, ch. 3d sentences). 608, Sec. 704 (less 2d sentence), 66 Stat. 502. 308(b) 50:1114 (3d sentence) ------------------------------- In subsection (a), the words 'by regulations' are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words 'as an officer of the Army National Guard to any person' are substituted for the words 'to any officer of the National Guard or Air National Guard'. The second sentence is inserted for clarity. The words 'successfully', 'final determination of his eligibility for, and', 'in the grade concerned', and 'automatically' are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage. In subsection (b), the words 'To be eligible for temporary Federal recognition under subsection (a), a person' are substituted for the words 'However, a temporary extension of Federal recognition shall be granted only when the officer'. The words 'the period of temporary recognition' are substituted for the words 'such recognition'. The words 'and obligations required of him' and 'in the same grade' are omitted as surplusage. ------DocID 39633 Document 59 of 127------ -CITE- 32 USC Sec. 309 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 309. Federal recognition of officers: Army National Guard; officers promoted to fill vacancies -STATUTE- Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit thereof, and who is eligible for promotion under section 3363(b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the next higher grade without regard to section 3363(b) of title 10. -SOURCE- (Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 309 50:1251. Sept. 3, 1954, ch. 1257, Sec. 319, 68 Stat. 1160. ------------------------------- The words 'authorized under section 1227(a) of this title' are omitted as surplusage. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 111, 310 of this title; title 10 sections 3363, 3385. ------DocID 39634 Document 60 of 127------ -CITE- 32 USC Sec. 310 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 310. Federal recognition of officers: Army National Guard; automatic recognition -STATUTE- (a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the Army National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade of first lieutenant, effective as of the date on which he completes three years of service computed under section 3360(a) of title 10. (b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the Army National Guard to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade in which he is so appointed in the Army National Guard, if he has been recommended for promotion to the grade concerned under section 3366, 3367, 3370, or 3383 of title 10 and has remained in an active status since he was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the Army National Guard. -SOURCE- (Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1544.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 310(a) 50:1252 (less (2)). Sept. 3, 1954, ch. 1257, Sec. 320, 68 Stat. 1160. 310(b) 50:1252(2). ------------------------------- In subsections (a) and (b), the words 'federally recognized' are inserted for clarity. In subsection (a), the words 'or the date of the promotion, whichever is later' are omitted as inconsistent with section 3820(c) of title 10, requiring the discharge of each second lieutenant who is not promoted by the time he has three years of service. (See opinion of the Judge Advocate General of the Army (JAGA 1957/1019, Jan. 7, 1957).) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 3385. ------DocID 39635 Document 61 of 127------ -CITE- 32 USC Sec. 312 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 312. Appointment oath -STATUTE- Each person who is appointed as an officer of the National Guard shall subscribe to the following oath: 'I, XXXXXX, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of XXXXXX against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of XXXXXX, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of XXXX in the National Guard of the State of XXXXXX upon which I am about to enter, so help me God.' -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 603.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 312 32:112. June 3, 1916, ch. 134, Sec. 73 (1st par.); restated June 15, 1933, ch. 87, Sec. 11 (1st par.), 48 Stat. 157; July 9, 1952, ch. 608, Sec. 806(c), 66 Stat. 507. ------------------------------- The words 'Each person who is appointed as an' are inserted for clarity. ------DocID 39636 Document 62 of 127------ -CITE- 32 USC Sec. 313 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 313. Appointments and enlistments: age limitations -STATUTE- (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age. (b) To be eligible for appointment as an officer of the National Guard, a person must - (1) be a citizen of the United States; and (2) be at least 18 years of age and under 64. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(9), 72 Stat. 1544; Nov. 8, 1967, Pub. L. 90-130, Sec. 2(2), 81 Stat. 383.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 313(a) 32:4 (less 22 words June 3, 1916, ch. before proviso). 134, Sec. 58; restated Feb. 28, 1925, ch. 371, Sec. 1 (1st par.); restated June 15, 1933, ch. 87, Sec. 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, Sec. 2, 49 Stat. 391; June 28, 1947, ch. 162, Sec. 7 (less applicability to Sec. 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, Sec. 803 (8th par.), 806(j), 66 Stat. 505, 508. 313(b) 32:4 (22 words before proviso). ------------------------------- In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words 'under 64' are substituted for the words 'not more than sixty-four' to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word 'Regular' is inserted before the words 'Navy' and 'Marine Corps'. The words 'Regular Air Force' are inserted to complete the coverage of the revised section. The word 'reenlistment' is substituted for the words 'subsequent enlistment'. 1958 Act --------------------------------------------------------------------- Section of title 32 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 313(b) 32 App.:4 (as July 30, 1956, ch. applicable to age). 789, Sec. 2 (as applicable to age), 70 Stat. 729. ------------------------------- AMENDMENTS 1967 - Subsec. (b)(3). Pub. L. 90-130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard. 1958 - Subsec. (b). Pub. L. 85-861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists. -CROSS- CROSS REFERENCES Army National Guard of United States and Air National Guard of United States, enlistment, see sections 3261 and 8261 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 311. ------DocID 39637 Document 63 of 127------ -CITE- 32 USC Sec. 314 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 314. Adjutants general -STATUTE- (a) There shall be an adjutant general in each State and Territory, Puerto Rico, and the District of Columbia. He shall perform the duties prescribed by the laws of that jurisdiction. (b) The President shall appoint the adjutant general of each Territory, and the District of Columbia and prescribe his grade and qualifications. To be eligible for appointment as adjutant general of a Territory, a person must be a citizen of that jurisdiction. (c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade. (d) The adjutant general of each State and Territory, Puerto Rico, and the District of Columbia, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85-894, 72 Stat. 1713; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), (5), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101-510, div. A, title XIII, Sec. 1322(b), 104 Stat. 1672.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 314(a) 32:11. Jan. 21, 1903, ch. 196, Sec. 12, 32 Stat. 776. 314(b) 32:12. June 6, 1900, ch. 314(c) 10:998. 811, 31 Stat. 671. 314(d) 32:13. June 3, 1916, ch. 32:14. 134, Sec. 66, 39 Stat. 199. ------------------------------- In subsection (a), the word 'appointed' is omitted, since the position is not filled by appointment in some cases. The Act of January 21, 1903, ch. 196, Sec. 12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section. In subsection (b), the word 'grade' is substituted for the word 'rank'. The words 'To be eligible for appointment as * * * a person must be' are substituted for the words 'each * * * shall be'. The words 'of that jurisdiction' are substituted for the words 'of the Territory for which he is appointed'. In subsection (c), the word 'Regular' is inserted as an implication of 10:998 (last 2 words). The words 'commanding general' are substituted for the words 'brigadier general commanding', since the commanding general might hold another grade. The words 'basic pay' are substituted for the words 'active service pay' to conform to section 201 of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 232). The word 'grade' is substituted for the word 'rank'. In subsection (d), the words 'at such times and in such form' are omitted as covered by the words 'such returns and reports as the Secretary * * * may prescribe'. AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-510 struck out at end 'Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.' 1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(1), struck out 'the Canal Zone,' after 'Puerto Rico,'. Subsec. (b). Pub. L. 100-456, Sec. 1234(b)(5), struck out ', the Canal Zone,' after 'each Territory' and 'or the Canal Zone' after 'a Territory'. Subsec. (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out 'the Canal Zone,' after 'Puerto Rico,'. 1958 - Subsec. (b). Pub. L. 85-894 struck out 'Puerto Rico' in two places. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 709 of this title. ------DocID 39638 Document 64 of 127------ -CITE- 32 USC Sec. 315 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 315. Detail of regular members of Army and Air Force to duty with National Guard -STATUTE- (a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State and Territory, Puerto Rico, and the District of Columbia. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State and Territory, Puerto Rico, and the District of Columbia. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President's discretion, without prejudicing his rank and without vacating his regular appointment. (b) The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State and Territory, Puerto Rico, and the District of Columbia. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State and Territory, Puerto Rico, and the District of Columbia. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 315(a) 32:68 (less 2d June 3, 1916, ch. sentence). 134, Sec. 100, 39 Stat. 208. 315(b) 32:69. 32:68 (2d sentence). ------------------------------- In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the assignment or detail of retired officers to that duty are covered by section 3504(a) or 8504(a) of title 10. The words 'of the active list', in 32:68, are omitted for the same reason. The words 'so detailed' are substituted for the words 'detailed under section 68 of this title', in 32:69. The words 'relative or lineal', in 32:69, are omitted as surplusage. AMENDMENTS 1988 - Subsecs. (a), (b). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. -CROSS- CROSS REFERENCES National Guard Bureau, assignment of regular or reserve officers of Army or Air Force, see sections 3541 and 8541 of Title 10, Armed Forces. Reserve components, detail of members of regular and reserve components to assist, see section 715 of Title 10. ------DocID 39639 Document 65 of 127------ -CITE- 32 USC Sec. 316 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 316. Detail of members of Army National Guard for rifle instruction of civilians -STATUTE- The President may detail officers and noncommissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 605.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 316 32:183. June 3, 1916, ch. 134, Sec. 113 (3d sentence), 39 Stat. 211. ------------------------------- The word 'civilians' is substituted for the word 'citizenry'. The word 'capable' is omitted as surplusage. -CROSS- CROSS REFERENCES Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces. Inactive duty training, duty (other than full-time duty) under this section as, see section 101 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 715 of this title; title 10 sections 101, 701, 1054, 1089, 1332, 1333, 4313; title 28 section 2671; title 38 sections 101, 765, 2024. ------DocID 39640 Document 66 of 127------ -CITE- 32 USC Sec. 317 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 317. Command during joint exercises with Federal troops -STATUTE- When any part of the National Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal service, the command of the post, air base, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are temporarily participating in the exercise. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 605.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 317 32:72. June 3, 1916, ch. 134, Sec. 95, 39 Stat. 207. ------------------------------- The words 'not in Federal service' are inserted to show that the revised section applies only to joint exercises involving National Guard troops not in Federal service, since 32:72 was enacted before the establishment of the National Guard of the United States, in 1933. The words 'troops in Federal service' are substituted for the words 'troops of the United States'. The words 'officers in Federal service who command' are substituted for the words 'commander of the United States troops'. The words 'post, air base, or other place' are substituted for the words 'military post, or reservation, or elsewhere'. The words 'that place and the Federal troops on duty there' are substituted for the words 'there or elsewhere' The words 'including outdoor target practice' and 'field and coast defense instruction' are omitted as surplusage. ------DocID 39641 Document 67 of 127------ -CITE- 32 USC Sec. 318 to 321 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- (Sec. 318 to 321. Repealed. Pub. L. 99-661, div. A, title VI, Sec. 604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878) -MISC1- Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept. 2, 1958, Pub. L. 85-861, Sec. 33(c)(1), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87-649, Sec. 8(a), 76 Stat. 495, related to compensation for members of National Guard for disablement during training. Section 319, act Aug. 10, 1956, ch. 1041, 70A Stat. 605, related to compensation for members of National Guard for disablement during training when not covered by section 318 of this title. Section 320, act Aug. 10, 1956, ch. 1041, 70A Stat. 606, related to hospitalization ordered by Secretary of Army or Air Force for members of National Guard. Section 321, acts Aug. 10, 1956, ch. 1041, 70A Stat. 606; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(10), 72 Stat. 1544; Sept. 7, 1962, Pub. L. 87-649, Sec. 8(b), 76 Stat. 495, related to death gratuities for members of National Guard. EFFECTIVE DATE OF REPEAL Repeal applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99-661, set out as an Effective Date of 1986 Amendment note under section 1074a of Title 10, Armed Forces. ------DocID 39642 Document 68 of 127------ -CITE- 32 USC Sec. 322 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 322. Discharge of enlisted members -STATUTE- (a) An enlisted member of the National Guard shall be discharged when - (1) he becomes 64 years of age; or (2) his Federal recognition is withdrawn. (b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be. (c) In time of peace, an enlisted member of the National Guard may be discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 606.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 322(a) 32:154 (last par., June 3, 1916, ch. less 1st 26, and 134, Sec. 72; last 26, words). restated June 4, 1920, ch. 227, subch. I, Sec. 40; restated June 15, 1933, ch. 87, Sec. 10, 48 Stat. 157; July 9, 1952, ch. 608, Sec. 806(d), 66 Stat. 507. 322(b) 32:125 (less last 27 322(c) words). 32:125 (last 27 words). June 3, 1916, ch. 134, Sec. 110 (last par., less 1st 30, and last 25, words); restated Sept. 22, 1922, ch. 423, Sec. 6 (last par., less 1st 30, and last 137, words); restated May 12, 1928, ch. 529 (less 1st 30, and last 25, words), 45 Stat. 500. ------------------------------- Subsection (a) is substituted for 32:154 (last par., less 1st 26, and last 26, words) to reflect an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). In subsection (b), the words 'is entitled to a discharge certificate similar in form and classification to the corresponding certificate' are substituted for the words 'shall receive a discharge in writing in such form and with such classification as is or shall be'. The words 'service in' are omitted as surplusage. In subsection (c), the words 'his enlistment expires' are substituted for the words 'the expiration of terms of enlistment'. -CROSS- CROSS REFERENCES Army and Air Force enlisted members, limitations on discharge, see section 1169 of Title 10, Armed Forces. ------DocID 39643 Document 69 of 127------ -CITE- 32 USC Sec. 323 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 323. Withdrawal of Federal recognition -STATUTE- (a) Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn. (b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of - (1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or (2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard. If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn. (c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 3259, 3352(a), 8259, or 8352(a) of title 10, his Federal recognition is withdrawn. (d) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a second lieutenant of the Army National Guard who is discharged under section 3820(c) of title 10 for failure of promotion shall be withdrawn on the date of that discharge. (e) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a reserve officer of the Air Force who is not recommended for promotion under section 8368(c)(1) or (2) of title 10, or who is found to be not qualified for Federal recognition under section 8368(d) or (e) of title 10, shall be withdrawn. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 2, 1958, Pub. L. 85-861, Sec. 2(11), 33(c)(2), 72 Stat. 1546, 1567.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 323(a) 32:154 (last 26 June 3, 1916, ch. words of last par.). 134, Sec. 76 (1st sentence, and 1st 24 words of 2d sentence); restated June 15, 1933, ch. 87, Sec. 13 (1st sentence, and 1st 24 words of 2d sentence), 48 Stat. 158. 323(b) 32:115 (1st sentence, 323(c) and 1st 24 words of 2d sentence). 50:1116 (last 15 words of 1st sentence). June 3, 1916, ch. 134, Sec. 110 (last 25 words of last par.); restated Sept. 22, 1922, ch. 423, Sec. 6 (last 137 words of last par.); restated May 12, 1928, ch. 529 (last 25 words), 45 Stat. 501. July 9, 1952, ch. 608, Sec. 706 (last 15 words of 1st sentence), 66 Stat. 503. ------------------------------- In subsection (a) the words 'ceases to have the qualifications prescribed under section 300 of this title' are substituted for 32:154 (last 26 words of last par.), since it is implicit that a member who could not be paid would lose his federally recognized status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of subsection (a) are inserted as a necessary implication of the rule stated in section 309(c) of this title. In subsection (b), the words 'or warrant officer' are omitted, since section 101(9) of this title defines 'officer' to include warrant officers. The word 'detailed' is substituted for the word 'appointed', since the filling of the positions involved is not appointment to an office in the constitutional sense. The word 'commissioned' is inserted after the words 'composed of', since the word 'officer' alone, in 32:115, referred to a commissioned officer only (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). The words 'who outrank him' are substituted for the words 'senior in rank to the officer under investigation'. In subsection (c), the opening clause is substituted for the words 'such transfer'. The words 'his Federal recognition is withdrawn' are substituted for the words 'shall terminate his federally recognized National Guard or Air National Guard status'. 1958 Act --------------------------------------------------------------------- Section of title 32 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 323(d) 50:1261 (as Sept. 3, 1954, ch. applicable to 1257, Sec. 324 (as Federal applicable to recognition). Federal recognition), 522(e)(1) (56th through 63d words). (e)(2) (78th through 85th words), 68 Stat. 1161, 1181. 323(e) 50:1352(e)(1) (56th through 63d words). 50:1352(e)(2) (78th through 85th words). ------------------------------- The change (in subsec. (b)(1) and (2)) is necessary to exclude from the efficiency board commissioned officers of the Army Reserve or Air Force Reserve, in accordance with the source law, the first sentence of section 76 of the Act of June 3, 1916, chapter 134 (formerly 32 U.S.C. 115 (1st sentence)). In subsection (d), the words 'notwithstanding section 115 of title 32' are omitted as surplusage. In subsection (e), the words 'if appropriate' are omitted as surplusage. AMENDMENTS 1958 - Subsec. (b)(1). Pub. L. 85-861, Sec. 33(c)(2), substituted 'the Regular Army or the Army National Guard of the United States, or both' for 'a regular or reserve component of the Army'. Subsec. (b)(2). Pub. L. 85-861, Sec. 33(c)(2), substituted 'the Regular Air Force or the Air National Guard of the United States, or both' for 'a regular or reserve component of the Air Force'. Subsecs. (d), (e). Pub. L. 85-861, Sec. 2(11), added subsecs. (d) and (e). EFFECTIVE DATE OF 1958 AMENDMENT Amendment by section 33(c)(2) of Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of Title 10, Armed Forces. -CROSS- CROSS REFERENCES Suspension of subsecs. (d) and (e) of this section, see section 111 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 111 of this title; title 10 sections 3820, 8368, 8820. ------DocID 39644 Document 70 of 127------ -CITE- 32 USC Sec. 324 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 324. Discharge of officers; termination of appointment -STATUTE- (a) An officer of the National Guard shall be discharged when - (1) he becomes 64 years of age; or (2) his Federal recognition is withdrawn. The official who would be authorized to appoint him shall give him a discharge certificate. (b) Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico or the District of Columbia, if he is a member of its National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(6), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 324(a) 32:114 (less 1st June 3, 1916, ch. sentence). 134, Sec. 77; restated June 15, 1933, ch. 87, Sec. 14; restated June 19, 1935, ch. 277, Sec. 4, 49 Stat. 391; July 9, 1952, ch. 608, Sec. 803 (11th par.), 66 Stat. 505. 324(b) 32:114 (1st sentence) ------------------------------- In subsection (a), the words 'shall be discharged' are substituted for the words 'shall thereupon cease to be a member thereof' since an official is required to give the officer a discharge certificate. The words 'becomes 64 years of age' are substituted for the words 'upon reaching the age of sixty-four years'. The words 'his Federal recognition is withdrawn' are substituted for the words 'When Federal recognition is withdrawn * * * as provided in section 115 of this title'. In subsection (b), the words 'Subject to subsection (a)' are inserted for clarity. The words 'as provided by the laws' are substituted for the words 'in such manner as * * * shall provide by law'. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-456 struck out ', the Canal Zone,' after 'Puerto Rico'. -CROSS- CROSS REFERENCES Army National Guard of United States and Air National Guard of United States, discharge of officers, see sections 3820 and 8820 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 3855, 8855. ------DocID 39645 Document 71 of 127------ -CITE- 32 USC Sec. 325 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 325. Relief from National Guard duty when ordered to active duty -STATUTE- (a) Each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State or Territory, or of Puerto Rico or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty. (b) So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(6), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 325(a) 50:1120. July 9, 1952, ch. 608, Sec. 710, 712(b) (less last 17 words), 66 Stat. 503, 504. 325(b) 50:1122(b) (less last 17 words). ------------------------------- In subsection (a), the words 'in the service of the United States' are omitted as surplusage. The words 'effective date of his order to active duty until he is relieved from that duty' are substituted for the words 'active-duty date of the orders and for as long as they remain on active duty in the service of the United States'. 50:1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force. In subsection (b), the words 'upon relief from that duty' are substituted for the words 'upon being relieved from active duty'. The words 'their National Guard status' are substituted for the words 'to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia'. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-456 struck out ', the Canal Zone,' after 'Puerto Rico'. -CROSS- CROSS REFERENCES Active duty, see sections 672, 3495, and 8495 of Title 10, Armed Forces. Return of arms and equipment upon relief from Federal service, see section 706 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 706 of this title. ------DocID 39646 Document 72 of 127------ -CITE- 32 USC Sec. 326 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures -STATUTE- In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 608.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 326 32:91. June 3, 1916, ch. 134, Sec. 102, 39 Stat. 208. ------------------------------- The words 'not in Federal service' are substituted for the words 'Except in organizations in the service of the United States'. The words 'have the jurisdiction and powers' are substituted for the words 'and have cognizance of the same subjects, and possess like powers'. The words 'of three kinds, namely', 'provided for by the laws and regulations governing', 'proceedings of courts-martial of the National Guard', and 'modes of' are omitted as surplusage. -CROSS- CROSS REFERENCES Uniform Code of Military Justice - Generally, see section 801 et seq. of Title 10, Armed Forces. Composition of courts-martial, see sections 825 to 829 of Title 10. Court-martial jurisdiction, see sections 816 to 820 of Title 10. Pre-trial procedure, see sections 830 to 835 of Title 10. Review of courts-martial, see sections 859 to 876a of Title 10. Trial procedure, see sections 836 to 854 of Title 10. ------DocID 39647 Document 73 of 127------ -CITE- 32 USC Sec. 327 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 327. General courts-martial of National Guard not in Federal service -STATUTE- (a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia. (b) A general court-martial may sentence to - (1) a fine of not more than $200; (2) forfeiture of pay and allowances; (3) a reprimand; (4) dismissal or dishonorable discharge; (5) reduction of a noncommissioned officer to the ranks; or (6) any combination of these punishments. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 608; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(4), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 327(a) 32:92 (1st 46 words). June 3, 1916, ch. 134, Sec. 103, 39 Stat. 208. 327(b) 32:92 (less 1st 46 words). ------------------------------- In subsection (a), the words 'Federal service' are substituted for the words 'service of the United States'. In subsection (b), the words 'A general court-martial may sentence to - ' are substituted for the words 'and such courts shall have the power to impose * * * to sentence'. The words 'any combination of these punishments' are substituted for the words 'or any two or more of such punishments may be combined in the sentences imposed by such courts'. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-456 substituted 'Territory or Puerto Rico' for 'Territory, Puerto Rico, or the Canal Zone,'. -CROSS- CROSS REFERENCES Uniform Code of Military Justice - Generally, see section 801 et seq. of Title 10, Armed Forces. Convening general courts-martial, see section 822 of Title 10. Jurisdiction of general courts-martial, see section 818 of Title 10. Sentences, generally, see sections 855 to 858a of Title 10. ------DocID 39648 Document 74 of 127------ -CITE- 32 USC Sec. 328 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 328. Special courts-martial of National Guard not in Federal service -STATUTE- (a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. (b) A special court-martial may not try a commissioned officer. (c) A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than $100 for a single offense. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 608.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 328(a) 32:93 (less last June 3, 1916, ch. sentence). 134, Sec. 104, 39 Stat. 208. 328(b) 32:93 (1st 32 words of last sentence). 328(c) 32:93 (last sentence, less 1st 32 words). ------------------------------- In subsection (a), the words 'Federal service' are substituted for the words 'service of the United States'. The words 'where troops are on duty' are inserted for clarity. The words 'for his command' are omitted, since they cast doubt on the right of a court-martial to try others than members of the command of the appointing authority. The words 'air base, auxiliary air base', 'wing, group', and 'detached squadron' are inserted to clarify the applicability of the revised section to Air Force organizations. The words 'convene' and 'convened' are substituted for the words 'appoint' and 'appointed' to conform to 32:92 and similar provisions of section 823 of title 10 (article 23 of the Uniform Code of Military Justice). The words 'when by the latter deemed advisable' are omitted as surplusage. In subsection (b), the positive authority of a special court-martial to try any person subject to military law is omitted as covered by section 326 of this title. In subsection (c), the words 'for a single offense' are inserted for clarity. -CROSS- CROSS REFERENCES Uniform Code of Military Justice - Generally, see section 801 et seq. of Title 10, Armed Forces. Convening special courts-martial, see section 823 of Title 10. Jurisdiction of special courts-martial, see section 819 of Title 10. Sentences, generally, see sections 855 to 858a of Title 10. ------DocID 39649 Document 75 of 127------ -CITE- 32 USC Sec. 329 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 329. Summary courts-martial of National Guard not in Federal service -STATUTE- (a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal. (b) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 608.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 329(a) 32:94 (words before June 3, 1916, ch. 1st semi-colon of 134, Sec. 105, 39 1st sentence, and Stat. 208. 1st 8 words of last sentence). 329(b) 32:94 (less words before 1st semicolon of 1st sentence, and less 1st 8 words of last sentence). ------------------------------- In subsection (a), the words 'Federal service' are substituted for the words 'service of the United States' The words 'where troops are on duty' and 'commissioned' are inserted for clarity. The words 'air base, auxiliary air base', 'wing, group', and 'detached squadron' are inserted to clarify the applicability of the revised section to Air Force organizations. The word 'convene' is substituted for the word 'appoint' to conform to 32:92 and similar provisions of section 824 of title 10 (article 24 of the Uniform Code of Military Justice). The word 'corps', referring to those corps covered by 32:192 and 193, is omitted as covered by the words 'other detachment'. The words 'who shall have power to administer oaths and to try the enlisted men of such place or command for breaches of discipline and violations of laws governing such organizations' are omitted as covered by section 326 of this title. In subsection (b), the words 'and the minutes thereof shall be the same as prescribed for summary courts of the Army of the United States' are omitted as covered by section 326 of this title. -CROSS- CROSS REFERENCES Uniform Code of Military Justice - Generally, see section 801 et seq. of Title 10, Armed Forces. Convening summary courts-martial, see section 824 of Title 10. Jurisdiction of summary courts-martial, see section 820 of Title 10. Sentences, generally, see sections 855 to 858a of Title 10. ------DocID 39650 Document 76 of 127------ -CITE- 32 USC Sec. 330 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 330. Confinement instead of fine -STATUTE- In the National Guard not in Federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 609.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 330 32:95. June 3, 1916, ch. 134, Sec. 106, 39 Stat. 209. ------------------------------- The words 'Federal service' are substituted for the words 'service of the United States'. The words 'including summary courts' and 'authorized to be imposed' are omitted as surplusage. The words 'may sentence * * * to confinement not more than' are substituted for the words 'shall have power to sentence to confinement * * * Provided, That such sentences of confinement shall not exceed'. ------DocID 39651 Document 77 of 127------ -CITE- 32 USC Sec. 331 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 331. Dismissal or dishonorable discharge -STATUTE- In the National Guard not in Federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor of the State or territory or Puerto Rico, whichever is concerned, or, in the case of the National Guard of the District of Columbia, by its commanding general. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(3), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 331 32:96. June 3, 1916, ch. 134, Sec. 107, 39 Stat. 209. ------------------------------- The words 'Federal service' are substituted for the words 'service of the United States'. The words 'from the service' and 'imposed by a * * * court-martial' are omitted as surplusage. AMENDMENTS 1988 - Pub. L. 100-456 substituted 'the Governor of the State or territory or Puerto Rico,' for 'the governor of the State or Territory, Puerto Rico, or the Canal Zone,'. ------DocID 39652 Document 78 of 127------ -CITE- 32 USC Sec. 332 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 332. Compelling attendance of accused and witnesses -STATUTE- In the National Guard not in Federal service, the president of a court-martial or a summary court officer may - (1) issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court; (2) issue subpenas duces tecum and other subpenas; (3) enforce by attachment the attendance or witnesses and the production of books and papers; and (4) sentence for refusal to be sworn or to answer, as provided in actions before civil courts. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 609.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 332 32:97 (1st par.). June 3, 1916, ch. 134, Sec. 108, (1st par.), 39 Stat. 209. ------------------------------- The words 'Federal service' are substituted for the words 'service of the United States'. The word 'may' is substituted for the words 'shall have power'. The words 'for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order' are substituted for the words 'to arrest accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing * * * a copy of the charge or charges having been delivered to the accused with such order'. -CROSS- CROSS REFERENCES Apprehension and restraint of persons subject to Uniform Code of Military Justice, see sections 807 to 814 of Title 10, Armed Forces. ------DocID 39653 Document 79 of 127------ -CITE- 32 USC Sec. 333 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- Sec. 333. Execution of process and sentence -STATUTE- In the National Guard not in Federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the States concerned. In a State where no provision is made for executing those processes and sentences, and in the Territories, Puerto Rico, and the District of Columbia, the process or sentence shall be executed by a United States marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 333 32:94 (less 1st June 3, 1916, ch. par.). 134, Sec. 108 (less 1st par.), 39 Stat. 209. ------------------------------- The words 'In the National Guard not in Federal service * * * its courts-martial' are substituted for the words 'said courts'. The words 'executing those processes and sentences' are substituted for the words 'such action'. The words 'deputy marshal' are substituted for the words 'his duly appointed deputy'. The words 'and it shall be the duty of any United States marshal to execute all such processes and sentences' are omitted as surplusage. AMENDMENTS 1988 - Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. -CROSS- CROSS REFERENCES Apprehension and restraint of persons subject to Uniform Code of Military Justice, see sections 807 to 814 of Title 10, Armed Forces. ------DocID 39654 Document 80 of 127------ -CITE- 32 USC Sec. 334 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- (Sec. 334. Repealed. Pub. L. 97-124, Sec. 3, Dec. 29, 1981, 95 Stat. 1666) -MISC1- Section, added Pub. L. 94-464, Sec. 2(b), Oct. 8, 1976, 90 Stat. 1986, and amended Pub. L. 96-513, title V, Sec. 515(3), Dec. 12, 1980, 94 Stat. 2937, provided for the payment of malpractice liability of National Guard Medical personnel. See sections 1089(a) of Title 10, Armed Forces, and 2671 of Title 28, Judiciary and Judicial Procedure. AMENDMENT AFTER REPEAL Pub. L. 97-258, Sec. 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported to substitute 'section 1304 of title 31' for 'section 1302 of the Act of July 27, 1956, (31 U.S.C. 724a)' in subsec. (a) of section 334 of this title, without reference to the earlier repeal of that section by Pub. L. 97-124, Sec. 3, Dec. 29, 1981, 95 Stat. 1666. EFFECTIVE DATE OF REPEAL Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97-124, set out as an Effective Date of 1981 Amendment note under section 1089 of Title 10, Armed Forces. ------DocID 39655 Document 81 of 127------ -CITE- 32 USC Sec. 335 -EXPCITE- TITLE 32 CHAPTER 3 -HEAD- (Sec. 335. Repealed. Pub. L. 98-525, title IV, Sec. 414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519) -MISC1- Section, added Pub. L. 98-94, title V, Sec. 504(b)(1), Sept. 24, 1983, 97 Stat. 632, related to status of certain members of the National Guard performing full-time duty. ------DocID 39656 Document 82 of 127------ -CITE- 32 USC CHAPTER 5 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- CHAPTER 5 - TRAINING -MISC1- Sec. 501. Training generally. 502. Required drills and field exercises. 503. Participation in field exercises. 504. National Guard schools and small arms competitions. 505. Army and Air Force schools and field exercises. 506. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard. 507. Instruction in firing; supply of ammunition. ------DocID 39657 Document 83 of 127------ -CITE- 32 USC Sec. 501 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 501. Training generally -STATUTE- (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. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 501(a) 32:61 (1st 24 words). June 3, 1916, ch. 134, Sec. 91, 39 Stat. 206. 501(b) 32:61 (less 1st 24 words). ------------------------------- 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,'. -CROSS- CROSS REFERENCES Army and Air Force training generally, see section 4301 et seq. and 9301 et seq. of Title 10, Armed Forces. ------DocID 39658 Document 84 of 127------ -CITE- 32 USC Sec. 502 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 502. Required drills and field exercises -STATUTE- (a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall - (1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and (2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year. 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. (b) An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 30 consecutive days. (c) The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period. (d) No organization may receive credit for an assembly for drill or indoor target practice unless - (1) the number of members present equals or exceeds the minimum number prescribed by the President; (2) the period of military duty or instruction for which a member is credited is at least one and one-half hours; and (3) the training is of the type prescribed by the Secretary concerned. (e) An appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a regularly scheduled drill. (f) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may - (1) without his consent, but with the pay and allowances provided by law; or (2) with his consent, either with or without pay and allowances; be ordered to perform training or other duty in addition to that prescribed under subsection (a). Duty without pay shall be considered for all purposes as if it were duty with pay. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 610; Oct. 3, 1964, Pub. L. 88-621, Sec. 1(1), 78 Stat. 999; Dec. 1, 1967, Pub. L. 90-168, Sec. 4, 81 Stat. 526; Nov. 17, 1971, Pub. L. 92-156, title III, Sec. 303(b), 85 Stat. 425.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 502(a) 32:62 (1st sentence, June 3, 1916, ch. less proviso). 134, Sec. 92; restated June 3, 1924, ch. 244, Sec. 2; restated Oct. 14, 1940, ch. 875, Sec. 2, 54 Stat. 1135; Mar. 25, 1948, ch. 157, Sec. 5(a), 62 Stat. 90. 502(b) 32:62 (proviso of 1st 502(c) sentence). 502(d) 32:62 (last sentence, less 1st, 2d, and 3d provisos). 32:62 (1st proviso of last sentence). 502(e) 32:62 (2d and 3d provisos of last sentence). ------------------------------- In subsection (a), the words 'including target practice' and 'such company, troop, battery, or detachment shall have been * * * from participation in any part thereof' are omitted as surplusage. In subsections (a) and (b), the word 'troop' is omitted as obsolete. In subsection (b), the words 'parts of those organizations' are substituted for the words 'subdivisions or parts thereof'. The words 'but in the latter case', 'of subdivisions or groups', 'comprehend', and 'the time limit of' are omitted as surplusage. In subsection (c), the word 'member' is substituted for the words 'officer, warrant officer, or enlisted man'. The words 'series of formations' are substituted for the words 'separate consecutive formations announced'. The words 'regardless of the number of formations that he attends during the series' are substituted for the words 'even though he may have attended more than one of the formations'. The words 'sum', 'actual military', and 'of time' are omitted as surplusage. 32:62 (4th proviso of last sentence) is omitted as superseded by section 683 of title 10. 32:62 (last proviso of last sentence) is omitted as superseded by section 501(b) of the Career Compensation Act of 1949, 63 Stat. 826 (37 U.S.C. 301(b)). In subsection (d), the word 'members' is substituted for the words 'officers and enlisted men'. The words 'for which a member is credited' are substituted for the words 'participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present'. The words 'for duty at such assembly', 'actual', and 'character of' are omitted as surplusage. In subsection (e), the word 'member' is substituted for the words 'officer or enlisted man'. The words 'Air Corps * * * assigned to an Air Corps unit thereof, or * * * an officer or enlisted man of the Medical Department of the said National Guard regularly attached to an Air Corps unit of the National Guard by appropriate authority' are omitted, since the revised subsection applies only to members who perform flights under competent orders and who are thereby prevented from attending a regular drill. AMENDMENTS 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). 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 section 136 of Title 10, Armed Forces. -CROSS- CROSS REFERENCES Appropriations for pay, disbursement and accounting, see section 1012 of Title 37, Pay and Allowances of the Uniformed Services. Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces. Inactive duty training, duty (other than full-time duty) under this section as, see section 101 of Title 38, Veterans' Benefits. Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services. Training duty compensation of members of National Guard, see section 206 of Title 37. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 112, 715 of this title; title 5 sections 3551, 5517, 6323; title 10 sections 101, 268, 517, 524, 701, 1054, 1089, 1208, 1332, 1333; title 28 section 2671; title 38 sections 101, 765, 2024, title 50 App. section 456. ------DocID 39659 Document 85 of 127------ -CITE- 32 USC Sec. 503 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 503. Participation in field exercises -STATUTE- (a) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force, as the case may be, may provide for the participation of the National Guard in encampments, maneuvers, outdoor target practice, or other exercises for field or coast-defense instruction, independently of or in conjunction with the Army or the Air Force, or both. (b) Amounts necessary for the pay, subsistence, transportation, and other proper expenses of any part of the National Guard of a State or Territory, Puerto Rico, or the District of Columbia participating in an exercise under subsection (a) may be set aside from funds allocated to it from appropriations for field or coast-defense instruction. (c) Members of the National Guard participating in an exercise under subsection (a) may, after being mustered, be paid for the period beginning with the date of leaving home and ending with the date of return, as determined in advance. If otherwise correct, such a payment passes to the credit of the disbursing officer. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 610; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 503(a) 32:63 (1st 56 words). June 3, 1916, ch. 134, Sec. 94 (less last 43 words after semicolon), 98, 39 Stat. 206, 207. 503(b) 32:63 (less 1st 56 503(c) words). 32:158. ------------------------------- In subsection (a), the words 'the whole or any part' and 'any part of' are omitted as surplusage. The word 'Army' is substituted for the words 'Regular Army', since the Army is the category that participates in the exercises, and the Regular Army is a personnel category only. Similarly, the words 'Air Force' are used instead of the words 'Regular Air Force'. In subsection (b), the words 'Amounts necessary' are substituted for the words 'such portion of said funds as may be necessary'. The words 'participating in an exercise under subsection (a)' are substituted for the words 'as shall participate in such encampments, maneuvers, or other exercises, including outdoor target practice, for field and coast-defense instruction'. The words 'allocated to it from appropriations for field or coast-defense instruction' are substituted for the words 'appropriated for that purpose and allocated to any State, Territory, or the District of Columbia'. In subsection (c), the words 'Members of the National Guard participating in an exercise under subsection (a)' are substituted for the words 'When any portion of the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, under the provisions of this title'. The words 'duly', 'at any time', 'rendezvous', 'both dates inclusive', and 'making the same' are omitted as surplusage. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. -CROSS- CROSS REFERENCES Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces. Inactive duty training, duty (other than full-time duty) under this section as, see section 101 of Title 38, Veterans' Benefits. Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 715 of this title; title 5 sections 3551, 6323; title 10 sections 101, 524, 701, 1054, 1089, 1208, 1332, 1333; title 28 section 2671; title 38 sections 101, 765, 2024. ------DocID 39660 Document 86 of 127------ -CITE- 32 USC Sec. 504 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 504. National Guard schools and small arms competitions -STATUTE- (a) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, members of the National Guard may - (1) attend schools conducted by the Army or the Air Force, as appropriate; (2) conduct or attend schools conducted by the National Guard; or (3) participate in small arms competitions. (b) Activities authorized under subsection (a) for members of the National Guard of a State or territory, Puerto Rico, or the District of Columbia may be held inside or outside its boundaries. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 611; Oct. 3, 1964, Pub. L. 88-621, Sec. 1(2), 78 Stat. 999; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 504(a) 32:64 (1st sentence). June 3, 1916, ch. 134, Sec. 97 (less last sentence); restated May 28, 1926, ch. 417, Sec. 2 (less last sentence), 44 Stat. 674. 504(b) 32:64 (less 1st sentence). ------------------------------- In subsection (a), the word 'members' is substituted for the words 'officers, warrant officers, and enlisted men'. The words 'for the purpose' and 'for that purpose' are omitted as surplusage. In subsection (b), the words 'Assemblies under subsection (a)' are substituted for the words 'such assemblages'. The words 'for members of the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia * * * inside or outside of its boundaries' are substituted for the words 'either within or without the State, Territory, or District of Columbia, to which the members of the National Guard designated to attend them shall belong'. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. 1964 - Pub. L. 88-621 substituted provisions authorizing the Secretaries of the Army and of the Air Force to issue regulations, for provisions authorizing the President to issue regulations, and provided that members of the National Guard may conduct or attend schools conducted by the National Guard. -CROSS- CROSS REFERENCES Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces. Inactive duty training, duty (other than full-time duty) under this section as, see section 101 of Title 38, Veterans' Benefits. Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 715 of this title; title 5 sections 3551, 6323; title 10 sections 101, 701, 1054, 1089, 1208, 1332, 1333; title 28 section 2671; title 38 sections 101, 765, 2024. ------DocID 39661 Document 87 of 127------ -CITE- 32 USC Sec. 505 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 505. Army and Air Force schools and field exercises -STATUTE- Under such regulations as the President may prescribe and upon the recommendation of the governor of any State or Territory or Puerto Rico or of the commanding general of the National Guard of the District of Columbia, the Secretary of the Army may authorize a limited number of members of its Army National Guard to - (1) attend any service school except the United States Military Academy, and to pursue a regular course of study at the school; or (2) be attached to an organization of the branch of the Army corresponding to the organization of the Army National Guard to which the member belongs, for routine practical instruction at or near an Army post during field training or other outdoor exercise. Similarly, the Secretary of the Air Force may authorize a limited number of members of the Air National Guard to - (1) attend any service school except the United States Air Force Academy, and to pursue a regular course of study at the school; or (2) be attached to an organization of the Air Force corresponding to the organization of the Air National Guard to which the member belongs, for routine practical instruction at an air base during field training or other outdoor exercise. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 611; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(4), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 505 32:65. June 3, 1916, ch. 134, Sec. 99 (1st 133 words); restated Sept. 22, 1922, ch. 423, Sec. 5 (1st 129 words); restated May 28, 1926, ch. 417, Sec. 3 (1st 133 words), 44 Stat. 674. ------------------------------- The words 'branch of the Army corresponding' are substituted for the words 'same arm, corps, or department', to conform to sections 3063 and 3064 of title 10. In the second sentence, the words 'organization of the Air Force corresponding' are substituted for the words 'same arm, corps, or department', since the Air Force is not organized by statute into branches, arms, corps, or departments. The word 'members' is substituted for the words 'officers, warrant officers, and enlisted men'. The words 'service school' are substituted for the words 'military-service school of the United States'. Reference to the United States Air Force Academy is inserted to reflect its establishment by the Air Force Academy Act (63 Stat. 47). AMENDMENTS 1988 - Pub. L. 100-456, which directed the substitution of 'Territory or Puerto Rico' for 'Territory, Puerto Rico, or the Canal Zone,' in subsec. (a), was executed to the introductory provisions of this section as the probable intent of Congress. -CROSS- CROSS REFERENCES Credit for service as member of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces. Inactive duty training, duty (other than full-time duty) under this section as, see section 101 of Title 38, Veterans' Benefits. Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 715 of this title; title 5 sections 3551, 6323; title 10 sections 101, 701, 1054, 1089, 1208, 1332, 1333, 8616; title 28 section 2671; title 38 sections 101, 765, 2024. ------DocID 39662 Document 88 of 127------ -CITE- 32 USC Sec. 506 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 506. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard -STATUTE- (a) The President shall assign for instruction of the National Guard such members of the Regular Army or the Regular Air Force as he considers necessary. (b) The Secretary of the Army may detail members of the Regular Army to attend an encampment, maneuver, or other exercise, for field or coast-defense instruction of the Army National Guard. Similarly, the Secretary of the Air Force may detail members of the Regular Air Force to attend exercises for field or coast-defense instruction of the Air National Guard. Members so detailed shall instruct the members of the National Guard at the exercise, as directed by the Secretary concerned, or as requested by the governor or commanding officer of the National Guard there assembled. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 611.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 506(a) 32:66. June 3, 1916, ch. 134, Sec. 81 (1st sentence of 2d par., less 1st 7 words); added June 4, 1920, ch. 227, subch. I, Sec. 44 (5th sentence, less 1st 6 words); restated Sept. 22, 1922 ch. 423, Sec. 4 (6th sentence, less 1st 6 words); restated Feb. 28, 1925, ch. 371, Sec. 3 (6th sentence, less 1st 6 words); restated June 15, 1933, ch. 87, Sec. 16 (1st sentence of 2d par., less 1st 7 words), 48 Stat. 160. 506(b) 32:67. June 3, 1916, ch. 134, Sec. 96, 39 Stat. 207. ------------------------------- In subsection (a), the words 'members of the Regular Army and the Regular Air Force' are substituted for the words 'officers of the Regular Army' and 'enlisted men of the Regular Army'. In subsection (b), the words 'members' is substituted for the words 'officers and enlisted men'. The words 'one or more', 'information', and 'encampment, maneuver, or other' are omitted as surplusage. -CROSS- CROSS REFERENCES Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 37 section 204. ------DocID 39663 Document 89 of 127------ -CITE- 32 USC Sec. 507 -EXPCITE- TITLE 32 CHAPTER 5 -HEAD- Sec. 507. Instruction in firing; supply of ammunition -STATUTE- Ammunition for instruction in firing and for target practice may be furnished, in such amounts as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, to units of the National Guard encamped at a post, camp, or air base. The instruction shall be under the direction of a commissioned officer selected for that purpose by the proper military commander. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 612.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 507 32:71. Jan. 21, 1903, ch. 196, Sec. 21, 32 Stat. 779. ------------------------------- The words 'post camp, or air base' are substituted for the words 'military post or camp'. The words 'such amounts' are omitted as surplusage. The words 'National Guard' are substituted for the words 'troops of the militia', since the source statute historically applied only to the organized militia (see opinion of the Judge Advocate General of the Army (JAGA 1952/4374, 9 July 1952)). The word 'commissioned' is inserted, since 32:71 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). ------DocID 39664 Document 90 of 127------ -CITE- 32 USC CHAPTER 7 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- CHAPTER 7 - SERVICE, SUPPLY, AND PROCUREMENT -MISC1- Sec. 701. Uniforms, arms, and equipment to be same as Army or Air Force. 702. Issue of supplies. 703. Purchases of supplies by States from Army or Air Force. 704. Accountability: relief from upon order to active duty. 705. Purchase of uniforms and equipment by officers of National Guard from Army or Air Force. 706. Return of arms and equipment upon relief from Federal service. 707. Use of public buildings for offices by instructors. 708. Property and fiscal officers. 709. Technicians: employment, use, status. 710. Accountability for property issued to the National Guard. 711. Disposition of obsolete or condemned property. 712. Disposition of proceeds of condemned stores issued to National Guard. 713. Official mail: free transmission. 714. Final settlement of accounts: deceased members. 715. Property loss; personal injury or death: activities under certain sections of this title. 716. Claims for overpayment of pay and allowances, and travel and transportation allowances. AMENDMENTS 1985 - Pub. L. 99-224, Sec. 3(b), Dec. 28, 1985, 99 Stat. 1742, substituted 'and travel' for 'other than travel' in item 716. 1980 - Pub. L. 96-328, Sec. 1(b)(2), Aug. 8, 1980, 94 Stat. 1027, substituted 'Accountability for property issued to the National Guard' for 'Reports of survey' in item 710. 1972 - Pub. L. 92-453, Sec. 2(2), Oct. 2, 1972, 86 Stat. 759, added item 716. 1968 - Pub. L. 90-486, Sec. 2(2), Aug. 13, 1968, 82 Stat. 756, substituted 'Technicians: employment, use status' for 'Caretakers and clerks' in item 709. 1960 - Pub. L. 86-740, Sec. 1(2), Sept. 13, 1960, 74 Stat. 879, added item 715. 1958 - Pub. L. 85-861, Sec. 2(13), Sept. 2, 1958, 72 Stat. 1546, added item 714. -CROSS- CROSS REFERENCES Fraud, purchase or receipt of National Guard property, see section 1024 of Title 18, Crimes and Criminal Procedure. General military law, Army and Air Force provisions, see sections 2202 et seq., 4501 et seq., and 9501 et seq. of Title 10, Armed Forces. ------DocID 39665 Document 91 of 127------ -CITE- 32 USC Sec. 701 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 701. Uniforms, arms, and equipment to be same as Army or Air Force -STATUTE- So far as practicable, the same types of uniforms, arms, and equipment as are issued to the Army shall be issued to the Army National Guard, and the same types of uniforms, arms, and equipment as are issued to the Air Force shall be issued to the Air National Guard. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 612.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 701 32:31. June 3, 1916, ch. 134, Sec. 82; restated June 15, 1933, ch. 87, Sec. 17, 48 Stat. 160. ------------------------------- The words 'shall be issued' are substituted for the words 'shall * * * be uniformed, armed, and equipped with'. The words 'as are issued' are substituted for the words 'as are or shall be provided'. The word 'Army' is substituted for the words 'Regular Army', since the Army is the category to which uniforms, arms, and equipment are issued, and the Regular Army is a personnel category only. Similarly, the words 'Air Force' are used instead of the words 'Regular Air Force'. -CROSS- CROSS REFERENCES Clothing for members of Army and Air Force, see sections 4562 and 9562 of Title 10, Armed Forces. ------DocID 39666 Document 92 of 127------ -CITE- 32 USC Sec. 702 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 702. Issue of supplies -STATUTE- (a) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force may buy or manufacture and, upon requisition of the governor of any State or Territory or Puerto Rico or the commanding general of the National Guard of the District of Columbia, issue to its Army National Guard and Air National Guard, respectively, the supplies necessary to uniform, arm, and equip that Army National Guard or Air National Guard for field duty. (b) Whenever the Secretary concerned is satisfied that the Army National Guard or the Air National Guard, as the case may be, of any State or Territory, Puerto Rico, or the District of Columbia is properly organized, armed, and equipped for field duty, funds allotted to that jurisdiction for its Army National Guard or Air National Guard may be used to buy any article issued by the Army or the Air Force, as the case may be. (c) Under such regulations as the President may prescribe, the issue of new types of equipment, small arms, or field guns to the National Guard of any State or Territory, Puerto Rico, or the District of Columbia shall be without charge against appropriations for the National Guard. (d) No property may be issued to the National Guard of a State or Territory, Puerto Rico, or the District of Columbia, unless that jurisdiction makes provision, satisfactory to the Secretary concerned, for its protection and care. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 612; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), (4), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 702(a) 32:33 (less June 3, 1916, ch. provisos). 134, Sec. 83, 84, 39 Stat. 203, 204. 702(b) 32:33 (last proviso). 702(c) 32:35. 702(d) 32:33 (1st proviso). ------------------------------- In subsection (a), the word 'supplies' is substituted for the detailed description of stores, material, and equipment, since under section 101(12) of this title, 'supplies' includes stores, material, and equipment. The words 'may buy or manufacture' are substituted for the words 'is authorized to procure * * * by purchase or manufacture'. The words 'within the limits of available appropriations made by Congress' and 'from time to time' are omitted as surplusage. In subsection (b), the words 'the Secretary concerned is satisfied' are substituted for the words 'it shall be shown to the satisfaction of the Secretary of the Army'. The words 'buy any article issued by the Army or the Air Force' are substituted for the words 'purchase, from the Department of the Army, of any article issued by any of the supply departments of the Army'. In subsection (c), the words 'the issue of' are substituted for the words 'whenever * * * shall have been issued * * * shall be furnished'. The words 'shall be without charge' are substituted for the words 'without charging the cost or value thereof or any expense connected therewith'. The words 'provided for the support' are omitted as surplusage. In subsection (d), the words 'No property may be issued to * * * unless that jurisdiction' are substituted for the words 'Provided, That as a condition precedent to the issue of any property as provided for by this title' and 'desiring such issue'. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(4), substituted 'Territory or Puerto Rico' for 'Territory, Puerto Rico, or the Canal Zone,'. Subsecs. (b) to (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out 'the Canal Zone,' after 'Puerto Rico,'. -CROSS- CROSS REFERENCES Reserve components, issue of supplies, services, and facilities to, see section 2521 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2521. ------DocID 39667 Document 93 of 127------ -CITE- 32 USC Sec. 703 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 703. Purchases of supplies by States from Army or Air Force -STATUTE- (a) Subject to the approval of the Secretary of the Army, any State or Territory, Puerto Rico, or the District of Columbia may buy from the Department of the Army, for its National Guard or the officers thereof, supplies and military publications furnished to the Army, in addition to other supplies issued to its Army National Guard. On the same basis, it may buy similar property from the Department of the Air Force. A purchase under this subsection shall be for cash, at cost plus transportation. (b) In time of actual or threatened war, the United States may requisition for military use any property bought under subsection (a). Credit for the return in kind of property so requisitioned shall be given to the State or Territory, Puerto Rico, or the District of Columbia from which it is received. (c) Proceeds of sales by the Department of the Army and the Department of the Air Force under this section shall be credited to the appropriations from which the property was purchased, shall not be covered into the Treasury, and may be used to replace property sold under this section. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 613; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 703(a) 32:39 (1st sentence). June 3, 1916, ch. 134, Sec. 86, 39 Stat. 204. 703(b) 32:39 (proviso of June 23, 1910, ch. 703(c) last sentence). 370, 36 Stat. 603. 32:39a. 32:39 (less 1st sentence, and less proviso of last sentence). ------------------------------- In subsection (a), the words 'stores * * * materiel' are omitted as covered by the word 'supplies'. The words 'other supplies issued' are substituted for the words 'those issued under the provisions of this title'. The words 'at cost plus transportation' are substituted for the words 'at the price at which they shall be listed to the Army, with cost of transportation added'. In subsection (b), 32:39a (less last 23 words) is omitted as obsolete and superseded by 32:39 (proviso of last sentence). The Act of June 23, 1910, ch. 370 (less proviso), not contained in 32:39a, is omitted from the revised section as executed. The words 'bought under subsection (a)' are substituted for the words 'so purchased'. The words 'for military use' are substituted for the words 'for use in the military service thereof'. The words 'and when so requisitioned by the United States and delivered' and 'ultimate' are omitted as surplusage. In subsection (c), the words 'Proceeds of sales by the Department of the Army and the Department of the Air Force under this section' are substituted for the words 'The funds received from such sale'. The words 'from which the property was purchased' are substituted for the words 'to which they shall belong'. The words 'may be used to replace property sold under this section' are substituted for the words 'shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized'. AMENDMENTS 1988 - Subsecs. (a), (b). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. ------DocID 39668 Document 94 of 127------ -CITE- 32 USC Sec. 704 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 704. Accountability: relief from upon order to active duty -STATUTE- Upon ordering any part of the Army National Guard of the United States or the Air National Guard of the United States to active duty, the President may, upon such terms as he may prescribe, relieve the State or Territory, Puerto Rico, or the District of Columbia, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 613; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 704 50:1121. July 9, 1952, ch. 608, Sec. 711, 66 Stat. 504. ------------------------------- The words 'to active duty' are substituted for the words 'into the active military service of the United States'. The word 'conditions' is omitted as covered by the word 'terms'. The word 'previously' is substituted for the word 'theretofore'. The word 'liability' is omitted as covered by the word 'accountability'. The words 'that part' are substituted for the words 'such portion of the National Guard of the United States or of the Air National Guard of the United States'. AMENDMENTS 1988 - Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. ------DocID 39669 Document 95 of 127------ -CITE- 32 USC Sec. 705 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 705. Purchase of uniforms and equipment by officers of National Guard from Army or Air Force -STATUTE- Officers of the Army National Guard not in Federal service may buy articles of individual clothing and equipment from the Department of the Army, under such regulations as the Secretary of the Army may prescribe. On the same basis, officers of the Air National Guard not in Federal service may buy those items from the Department of the Air Force. Purchases under this section shall be for cash, at average current costs, including overhead, as determined by the Secretary concerned. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 613.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 705 32:156. June 3, 1916, ch. 134, Sec. 109; restated June 4, 1920, ch. 227, subch. 1, Sec. 47; restated June 3, 1924, ch. 244, Sec. 3; restated Oct. 14, 1940, ch. 875, Sec. 3, 54 Stat. 1136; Mar. 25, 1948, ch. 157, Sec. 5(b), 62 Stat. 91; Oct. 12, 1949, ch. 681, Sec. 501(f)(2) and (3) (as applicable to Sec. 109 of the Act of June 3, 1916, ch. 134), 63 Stat. 827; July 9, 1952, ch. 608, Sec. 803 (12th par.), 66 Stat. 505. ------------------------------- The reference to 10:1106 is omitted, since that section related only to sales of uniforms and equipment to cadets at the United States Military Academy. The reference to 10:904 is omitted as covered by the language of the revised section. The words 'at average current costs, including overhead, as determined by the Secretary concerned' are inserted to reflect sections 4621 and 9621 of title 10, which apply to all sales of individual clothing and equipment. The words 'articles of individual clothing and equipment' are substituted for the words 'uniforms, accouterments, and equipment'. The words 'active and inactive', 'on proper identification', and 'rules and' are omitted as surplusage. -CROSS- CROSS REFERENCES Sale of serviceable material to members of Army or Air Force, see sections 4621 and 9621 of Title 10, Armed Forces. ------DocID 39670 Document 96 of 127------ -CITE- 32 USC Sec. 706 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 706. Return of arms and equipment upon relief from Federal service -STATUTE- So far as practicable, whenever units, organizations, or members of the National Guard are returned to their National Guard status under section 325(b) of this title, arms and equipment that the Secretary concerned determines are sufficient to accomplish their peacetime mission shall be returned with them. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 613.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 707 32:74. May 12, 1917, ch. 12 (10th proviso under 'National Guard'), 40 Stat. 68. ------------------------------- The word 'instructors' is substituted for the words 'inspector-instructors', since there are no longer any 'inspector-instructors'. ------DocID 39671 Document 97 of 127------ -CITE- 32 USC Sec. 708 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 708. Property and fiscal officers -STATUTE- (a) The Governor of each State or Territory and Puerto Rico, and the commanding general of the National Guard of the District of Columbia, shall appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the National Guard of that jurisdiction who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the property and fiscal officer of that jurisdiction. If the officer is not on active duty, the President may order him to active duty, with his consent, to serve as a property and fiscal officer. (b) Each property and fiscal officer shall - (1) receipt and account for all funds and property of the United States in the possession of the National Guard for which he is property and fiscal officer; and (2) make returns and reports concerning those funds and that property, as required by the Secretary concerned. (c) When he ceases to hold that assignment, a property and fiscal officer resumes his status as an officer of the National Guard. (d) The Secretaries shall prescribe a maximum grade, commensurate with the functions and responsibilities of the office, but not above colonel, for the property and fiscal officer of the United States for the National Guard of each State or Territory, Puerto Rico, and the District of Columbia. (e) The Secretary of the Army and the Secretary of the Air Force shall prescribe joint regulations necessary to carry out subsections (a)-(d). (f) A property and fiscal officer may intrust money to an officer of the National Guard to make disbursements as his agent. Both the officer to whom money is intrusted, and the property and disbursing officer intrusting the money to him, are pecuniarily responsible for that money to the United States. The agent officer is subject, for misconduct as an agent, to the liabilities and penalties prescribed by law in like cases for the property and fiscal officer for whom he is acting. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 614; June 6, 1972, Pub. L. 92-310, title II, Sec. 207, 86 Stat. 203; July 30, 1977, Pub. L. 95-79, title VIII, Sec. 804(b), 91 Stat. 333; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 515(4), 94 Stat. 2937; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059; Nov. 29, 1989, Pub. L. 101-189, div. A, title VI, Sec. 653(g), 103 Stat. 1463.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 708(a) 32:49 (last June 3, 1916, ch. sentence; and 2d 134, Sec. 67 (last sentence, less last par.), 39 Stat. 24 words). 200; July 9, 1918, ch. 143, subch. III (last par.); restated July 6, 1954, ch. 462, 58 Stat. 451. 708(b) 32:49 (3d and 4th June 3, 1924, ch. 708(c) sentences). 244, Sec. 5, 43 708(d) 32:49 (last 24 words Stat. 365; July 6, 708(e) of 2d sentence). 1954, ch. 462, 68 32:49 (5th and 6th Stat. 451. sentences). 32:49 (last sentence, less 1st 18 words). 708(f) 32:49 (1st 18 words of last sentence). 708(g) 32:50. ------------------------------- In subsection (b)(1), the words 'the duties of that assignment' are substituted for the words 'his duties as property and fiscal officer'. The words 'be required to' are omitted as surplusage. In subsection (b)(2), the words 'of the National Guard for which he is property and fiscal officer' are substituted for the words 'of the National Guard or Air National Guard of the State, Territory, or District of Columbia'. In subsection (c), 32:49 (5th sentence) is omitted, since the officer concerned would be entitled, under section 201 of the Career Compensation Act of 1949 (37 U.S.C. 232), to the pay and allowances of the grade in which he is serving. In subsection (e), the words 'The Secretaries shall prescribe' are substituted for the words 'which rules and regulations shall establish'. The word 'duties' is omitted as surplusage. In subsection (f), the words 'rules and' and 'the provisions of' are omitted as surplusage. In subsection (g), the words 'Under such regulations as may be prescribed by the Secretary of the Army' are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words 'an officer' are substituted for the words 'other officers', since, under revised subsection (a), the property and fiscal officer is not required to be an officer of the National Guard. The words 'accountable for public moneys' and 'as agent' are omitted as surplusage. AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-189 substituted 'The Governor of each State or Territory and Puerto Rico' for 'The governor of each State and Territory, Puerto Rico, and the Canal Zone'. 1988 - Subsec. (d). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. 1980 - Subsec. (b). Pub. L. 96-513 redesignated pars. (2) and (3) as (1) and (2), respectively. 1977 - Subsec. (d). Pub. L. 95-79, Sec. 804(b)(1), (2), redesignated subsec. (e) as (d). Former subsec. (d), which authorized inspections at least once a year by Inspectors General of the departments concerned, was struck out. Subsec. (e). Pub. L. 95-79, Sec. 804(b)(2), (3), redesignated subsec. (f) as (e) and substituted '(d)' for '(e)'. Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 95-79, Sec. 804(b)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively. 1972 - Subsec. (b)(1). Pub. L. 92-310 repealed provisions which related to the bond required of property and fiscal officers. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 523, 641, 771a, 1007. ------DocID 39672 Document 98 of 127------ -CITE- 32 USC Sec. 709 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 709. Technicians: employment, use, status -STATUTE- (a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsection (b) of this section persons may be employed as technicians in - (1) the administration and training of the National Guard; and (2) the maintenance and repair of supplies issued to the National Guard or the armed forces. (b) Except as prescribed by the Secretary concerned, a technician employed under subsection (a) shall, while so employed, be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position. (c) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title, to employ and administer the technicians authorized by this section. (d) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed therein is required under subsection (b) to be a member of the National Guard. (e) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned - (1) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who is separated from the National Guard or ceases to hold the military grade specified for his position by the Secretary concerned shall be promptly separated from his technician employment by the adjutant general of the jurisdiction concerned; (2) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who fails to meet the military security standards established by the Secretary concerned for a member of a reserve component of the armed force under his jurisdiction may be separated from his employment as a technician and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned; (3) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned; (4) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned; (5) a right of appeal which may exist with respect to clause (1), (2), (3), or (4) shall not extend beyond the adjutant general of the jurisdiction concerned; and (6) a technician shall be notified in writing of the termination of his employment as a technician and such notification shall be given at least thirty days prior to the termination date of such employment. (f) Sections 2108, 3502, 7511, and 7512 (FOOTNOTE 1) of title 5 do not apply to any person employed under this section. (FOOTNOTE 1) See References in Text note below. (g)(1) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may, in the case of technicians assigned to perform operational duties at air defense sites - (A) prescribe the hours of duties; (B) fix the rates of basic compensation; and (C) fix the rates of additional compensation; to reflect unusual tours of duty, irregular additional duty, and work on days that are ordinarily nonworkdays. Additional compensation under this subsection may be fixed on an annual basis and is determined as an appropriate percentage, not in excess of 12 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10 of the General Schedule under section 5332 of title 5. (2) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may, for technicians other than those described in clause (1) of this subsection, prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work. (h) In no event shall the number of technicians employed under this section at any one time exceed 53,100. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 614; Sept. 13, 1961, Pub. L. 87-224, Sec. 2, 75 Stat. 496; Aug. 13, 1968, Pub. L. 90-486, Sec. 2(1), 82 Stat. 755; Aug. 13, 1971, Pub. L. 92-119, Sec. 2, 85 Stat. 340; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 515(5)-(7), 94 Stat. 2937.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 709(a) 32:42 (1st par.). June 3, 1916, ch. 134, Sec. 90; restated June 4, 1920, ch. 227, subch. I, Sec. 46; restated Mar. 1, 1922, ch. 90; restated June 6, 1924, ch. 275, Sec. 5; restated May 28, 1926, ch. 417, Sec. 1; Apr. 21, 1928, ch. 397; June 19, 1935, ch. 277, Sec. 6; June 13, 1940, ch. 343 (1st proviso under 'National Guard'); restated Oct. 14, 1940, ch. 875, Sec. 1, 54 Stat. 1134. 709(b) 32:42a (less 28 words June 25, 1938, ch. 709(c) before 1st proviso). 688, 52 Stat. 1173. 709(d) 32:42 (2d par., and 709(e) last sentence of 4th 709(f) par.). 32:42 (3d par.). 32:42 (4th par., less last sentence). 32:42 (last par., less proviso). 32:42a (28 words before 1st proviso). 32:42 (proviso of last par.). ------------------------------- In subsection (a), the words 'may be spent' are substituted for the words 'shall be available'. The reference to animals for military purposes and forage, bedding, and other supplies and services for them, is omitted as obsolete, since animals are not now authorized for the National Guard. The word 'persons' is substituted for the word 'help'. The words 'Army National Guard' and 'Air National Guard' are substituted for the words 'organizations of all kinds'. The words 'the support of' are omitted as surplusage. The words 'A caretaker employed under this subsection' are substituted for the words 'Moneys hereafter appropriated under the provisions of this title for compensation of help for care of material, animals, armament, and equipment, in the hands of the National Guard of the several States, Territories, and the District of Columbia shall be available for the hire of caretakers'. The words 'and other duties that do not interfere with the performance of his duties as caretaker' are substituted for 32:42a (1st proviso). 32:42a (2d and 3d provisos) is omitted as executed. In subsection (b), the words 'However, if a unit has more than one caretaker' are substituted for the words 'but if there are as many as two caretakers in any unit'. The words 'under this section', in the first sentence of the revised subsection, are inserted for clarity. The words 'under this section', in the second sentence of the revised subsection, are substituted for the words 'paid to caretakers who belong to the National Guard, as herein authorized'. The words 'under any of the provisions of this title' are omitted as surplusage. In subsection (c), the words 'or organizations thereof' are omitted as surplusage. In subsection (d), the words 'one commissioned officer * * * in a grade below major * * * for each pool set up under subsection (c) and for each squadron of the Air National Guard' are substituted for the words 'one such officer not above the grade of captain for each heavier-than-air squadron; and one such officer not above the grade of captain for each pool'. In subsection (e), the words 'Funds appropriated by Congress' are substituted for the words 'Funds hereafter appropriated under the provisions of this title for the support of', in 32:42, and 'such moneys', in 32:42a. The words 'are in addition to' are substituted for the words 'shall be supplemental to', in 32:42, and 'may be used as supplemental to', in 32:42a. In subsection (f), the words 'authorized to be employed under this section' are substituted for the words 'authorized to be employed'. The words 'person to employ them' are substituted for the words 'by whom they shall be employed'. The words 'by regulations' are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. -REFTEXT- REFERENCES IN TEXT Sections 7511 and 7512 of title 5, referred to in subsec. (f), which related to adverse actions against preference eligible employees and comprised subchapter II of chapter 75 of Title 5, Government Organization and Employees, were repealed by Pub. L. 95-454 and replaced by a new subchapter II (Sec. 7511-7514) of chapter 75 relating to removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less. -MISC2- AMENDMENTS 1980 - Subsec. (f). Pub. L. 96-513, Sec. 515(5), struck out ', United States Code,' after 'title 5'. Subsec. (g). Pub. L. 96-513, Sec. 515(6), substituted '6101(a) of title 5' for '6102 of title 5, United States Code,' in two places, '5332 of title 5' for '5332 of title 5, United States Code' and '5543 of title 5' for '5543 of title 5, United States Code,'. Subsec. (h). Pub. L. 96-513, Sec. 515(7), struck out limitation of 49,200 technicians employed during the fiscal year beginning July 1, 1971. 1971 - Subsec. (h). Pub. L. 92-119 increased number of technicians employable under section from 42,500 to 53,100 with exception that such number is fixed at 49,200 for fiscal year beginning July 1, 1971. 1968 - Pub. L. 90-486 substituted 'Technicians: employment, use, status' for 'Caretakers and clerks' in section catchline. Subsec. (a). Pub. L. 90-486 substituted provisions that persons may be employed as technicians in administration and training of National Guard and maintenance and repair of supplies issued to National Guard or armed forces for provisions that authorized the Secretaries of the Army and the Air Force to hire, out of funds allotted to them for the Army National Guard and the Air National Guard, respectively competent persons to care for material, armament, and equipment of the Army National Guard and Air National Guard, and provisions that a caretaker so employed may also perform clerical duties incidental to his employment and other duties that do not interfere with performance of his duties as caretaker. Subsec. (b). Pub. L. 90-486 substituted provisions requiring, except as prescribed by the Secretary concerned, any technician employed to be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position for provisions permitting civilians as well as enlisted men to be employed as caretakers, provided that if a unit has more than one caretaker, one of them must be an enlisted member, and provisions that any compensation under this section is in addition to compensation otherwise provided for a member of the National Guard. Subsec. (c). Pub. L. 90-486 substituted provisions authorizing the Secretary concerned to designate adjutants general to employ and administer the technicians authorized by this section for provisions authorizing the Secretary concerned to place in a common pool for care, maintenance, and storage the material, armament, and equipment of the Army National Guard or Air National Guard, with proviso that not more than 15 caretakers be employed for each pool. Subsec. (d). Pub. L. 90-486 substituted provisions that a technician employed under subsec. (a) is an employee of the particular department concerned, and an employee of the United States, with proviso that a position authorized by this section is outside competitive service if technician so employed is required under subsec. (b) to be a member of the National Guard, for provisions that one commissioned officer of the National Guard in a grade below major may be employed for each pool set up and for each squadron of the Air National Guard. Subsec. (e). Pub. L. 90-486 substituted provisions authorizing the adjutant general of the jurisdiction concerned to separate from technicians employment any technician for the specified grounds, provisions requiring the technician concerned to be notified in writing of the termination of his employment at least 30 days prior to the termination date of such employment, and provisions granting a limited right of appeal from such termination, for provisions appropriating funds by Congress for the National Guard as additional to funds appropriated by the several states and territories, etc., and provisions making such funds available for the hire of caretakers and clerks. Subsec. (f). Pub. L. 90-486 substituted provisions making inapplicable sections 2108, 3502, 7511, and 7512 of Title 5 to any person employed under this section for provisions authorizing the Secretary concerned to fix the salaries of clerks and caretakers and to designate the person to employ them, and provisions authorizing compensation to include the amounts of the employer's contributions to retirement systems. Subsecs. (g), (h). Pub. L. 90-486 added subsecs. (g) and (h). 1961 - Subsec. (f). Pub. L. 87-224 provided that the authorized compensation may include employer's contributions to retirement systems, and that such contributions shall not exceed 6 1/2 per centum of the compensation upon which based. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1968 AMENDMENT Section 11 of Pub. L. 90-486 provided that: 'This Act (see Short Title note below) becomes effective January 1, 1969, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after January 1, 1969.' SHORT TITLE Section 1 of Pub. L. 90-486 provided: 'That this Act (amending this section and section 715 of this title, sections 2105, 8332, 8334, and 8339 of Title 5, Government Organization and Employees, sections 3848, 3851, 8848, and 8851 of Title 10, Armed Forces, and section 418 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section) may be cited as the 'National Guard Technicians Act of 1968'.' MILITARY EDUCATION FOR ARMY NATIONAL GUARD CIVILIAN TECHNICIANS Pub. L. 101-189, div. A, title V, Sec. 506(a)-(c), Nov. 29, 1989, 103 Stat. 1438, 1439, provided that: '(a) Battle Skills Courses. - A civilian technician of the Army National Guard may not be denied a military promotion because of the failure of the technician to attend the Battle Skills Course if the technician has requested in writing to attend such a course and has not been selected to attend a course that would permit completion of the course within one year after such request. If a civilian technician receives a military promotion before the technician has completed the Battle Skills Course, the technician shall complete that course within one year after the date of the promotion. '(b) Treatment of Training Under Earlier Programs. - For purposes of any reserve component noncommissioned officers education program established for the training of civilian technicians of the Army National Guard, the Secretary of the Army shall accept as meeting the requirements of that program - '(1) training completed by a civilian technician before October 1, 1987, through courses known as - '(A) Primary Leadership Development courses; '(B) Basic Noncommissioned Officers courses; and '(C) Advanced Noncommissioned Officers courses; and '(2) an abbreviated course to update leadership training, knowledge of doctrine, and tactical skills. '(c) Plan. - (1) The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a plan to use State and National Guard Bureau regional academies by October 1, 1993, to provide the portion of the Reserve Component Noncommissioned Officers Education System specifically related to military occupational specialties. Such plan shall also identify personnel, funds, and other resources required to implement the plan. '(2) The Secretary of the Army shall submit the plan required by paragraph (1) not later than April 1, 1990.' Pub. L. 100-456, div. A, title V, Sec. 523, Sept. 29, 1988, 102 Stat. 1974, as amended by Pub. L. 101-189, div. A, title V, Sec. 506(d), Nov. 29, 1989, 103 Stat. 1439; Pub. L. 101-510, div. A, title XIV, Sec. 1484(l)(2), Nov. 5, 1990, 104 Stat. 1719, provided that: '(a) Phase-Out of Program Requiring Out-of-State Training. - A civilian technician of the Army National Guard whose military occupational specialty has been approved by the Secretary of the Army in accordance with subsection (b) for training under the Reserve Component Noncommissioned Officers Education Program by an appropriate National Guard school (as defined in subsection (f)) may, at the technician's option, if such technician is not already qualified in that military occupational specialty, receive military training in that military occupational specialty through that school rather than through the Military Education Program. '(b) Approval of State Courses. - (1) Each National Guard school which receives from the Department of the Army a training program for National Guard training for a military occupational specialty as part of the Reserve Component Noncommissioned Officers Education Program shall implement that training program by the end of the 45-day period beginning on the receipt of such program by the school or as soon thereafter as feasible. The Secretary of the Army shall, not later than 45 days after any such school notifies the Secretary that it has implemented such a training program, determine whether or not such school has properly implemented such program. Upon the approval by the Secretary of the implementation of such program by such school, subsection (a) shall apply with respect to military education of civilian technicians of the Army National Guard of that State in the applicable military occupational specialty. '(2) In the case of a National Guard school for which a program has not been approved under paragraph (1) with respect to a military occupational specialty, the Secretary of the Army may, subject to subsection (d), require a civilian technician of the Army National Guard in that State with that military occupational specialty to receive training through the Military Education Program. '(c) Special Rule for Leadership Training. - A civilian technician of the Army National Guard who is required by the National Guard Bureau to receive leadership training through courses known as Primary Leadership Development courses may, at the technician's option, receive such training through the appropriate State National Guard school. '(d) Transition. - In the case of a civilian technician of the Army National Guard for whose military occupational specialty there is not, as of the date of the enactment of this Act (Sept. 29, 1988), a program of training approved under subsection (b) for an appropriate National Guard school, the technician shall, at his request, be given the Skill Qualification Test appropriate for his military occupational specialty and skill level. If the technician passes the test and, if necessary for his military occupational specialty, successfully completes the Army National Guard Battle Skills Course for the appropriate grade, the Secretary of the Army may not require the technician to receive training through the existing Military Education Program and may not reduce the technician in military grade, or deny the technician a military promotion, by reason of failure to receive training through the Military Education Program. '(e) Report. - The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation of the Reserve Component Noncommissioned Officers Education Program. The report shall discuss the implementation of such program at each State National Guard school and shall explain, in any case in which the implementation of a training program has not been approved under subsection (b), the reasons for the withholding of such approval. Such report shall be submitted not later than December 31, 1988. '(f) Definitions. - For purposes of this section: '(1) The term 'National Guard school', with respect to a civilian technician, means a National Guard school of that technician's State, or (2) a regional National Guard school designated by the Secretary of the Army for the region including that technician's State. '(2) The term 'State' includes the District of Columbia and any commonwealth, territory, or possession of the United States.' RETIREMENT CREDIT FOR CERTAIN FORMER NATIONAL GUARD TECHNICIANS Pub. L. 99-661, div. A, title VI, Sec. 654, Nov. 14, 1986, 100 Stat. 3890, provided that: '(a) Civil Service Retirement Credit. - A period of service performed under section 709 of title 32, United States Code (or under a prior corresponding provision of law), before January 1, 1969, which would not otherwise be creditable under subchapter III of chapter 83 of title 5, United States Code, because of the antepenultimate sentence of section 8332(b) of such title, shall be considered creditable service under such subchapter, notwithstanding such sentence, in the case of an individual described in subsection (b). '(b) Covered Individuals. - Subsection (a) applies in the case of an individual who - '(1) before the end of the 14-month period beginning on the date of the enactment of this Act (Nov. 14, 1986), files appropriate written application with the Office of Personnel Management in accordance with regulations under subsection (c); '(2) at the time of filing application under paragraph (1), is employed by the United States and is subject to subchapter III of chapter 83 of title 5, United States Code (other than under section 8344 of such title); and '(3) before the date of the separation on which entitlement to an annuity under subchapter III of chapter 83 of title 5, United States Code, is based, makes an appropriate deposit under section 8334(c) of such title with respect to the period of service involved, based on the percentage of basic pay for such service which would be required under such section if such service had been performed as an employee under such subchapter. '(c) Regulations. - The Office of Personnel Management shall prescribe regulations to carry out subsection (a). Such regulations shall be prescribed not later than 60 days after the date of the enactment of this Act (Nov. 14, 1986).' SAVINGS PROVISION FOR ACCRUED CLAIMS; CONVERSION TO FEDERAL EMPLOYEE STATUS; CREDIT FOR PAST SERVICE; LEAVE CREDIT Section 3 of Pub. L. 90-486, as amended by Pub. L. 101-530, Sec. 2, Nov. 6, 1990, 104 Stat. 2338, provided that: '(a) A claim accrued under section 715 of title 32, United States Code, before the effective date of this Act (see effective date note above) by reason of the act or omission of a person employed under section 709 of title 32, United States Code, may, if otherwise allowable, be settled and paid under section 715 of title 32, United States Code. '(b) Except as provided in this Act and in the amendments made by this Act (see Short Title note above) and notwithstanding any law, rule, regulation, or decision to the contrary, the positions of persons employed under section 709 of title 32, United States Code, existing on the day before the effective date of this Act, and the persons holding those positions on that day, shall, on and after that effective date, be considered to be positions in and employees of the Department of the Army or the Department of the Air Force, as the case may be, and employees of the United States to the same extent as other positions in and employees of the Department of the Army or the Department of the Air Force. Such positions shall be outside the competitive service, if, as a condition of employment, the persons employed therein were, on the day before the effective date of this Act, required to be members of the Army National Guard or the Air National Guard. '(c) All service under section 709 of title 32, United States Code, or prior corresponding provision of law, performed before the effective date of this Act shall be included and credited in the determination of length of service for the purposes of leave, Federal employees death and disability compensation, group life and health insurance, severance pay, tenure, and status. '(d) Annual leave and sick leave to which a technician was entitled on the day before the conversion of his position, as provided in subsection (b) of this section, shall be credited to him in his new position.' (Pub. L. 101-530, Sec. 3(b), Nov. 6, 1990, 104 Stat. 2339, provided that: ('(1) General rule. - Except as provided in paragraph (2), the amendment made by section 2 (amending section 3 of Pub. L. 90-486, set out above) applies only with respect to an individual performing service as an officer or employee of the Government on or after the date of enactment of this Act (Nov. 6, 1990) and only to determine - ('(A) any annual leave accruing under section 6303 of title 5, United States Code, to the individual on or after such date; and ('(B) the individual's length of service for the purposes of entitlement to Federal employee death and disability compensation, group life insurance and health benefits, severance pay, tenure, and status. ('(2) Exception. - ('(A) Rule for individuals separating after december 31, 1968, and before the enactment of this act. - The amendment made by section 2 of this Act applies with respect to any individual who separated from Government employment after December 31, 1968, and before the date of the enactment of this Act (Nov. 6, 1990), for the purpose of determining whether such individual satisfies the length of service requirement under section 8901(3)(A) of title 5, United States Code (relating to the definition of the term 'annuitant', as in effect at the time of such individual's separation) for the purposes of chapter 89 of such title. ('(B) Conditions for enrolling in a health benefits plan. - Any individual who satisfies the length of service requirement referred to in subparagraph (A) as a result of the application of the amendment made by section 2 shall be enrolled in a health benefits plan (described in section 8903 of such title) of such individual's choice, if - ('(i) application for enrollment is received by the Office of Personnel Management within one year after the date of the enactment of this Act; and ('(ii) such individual would have qualified under section 8905(b)(1) of such title at the time of such individual's separation.') PERSONS EMPLOYED PRIOR TO JANUARY 1, 1969, WHOSE EMPLOYMENT WAS COVERED BY CIVIL SERVICE RETIREMENT PROVISIONS Section 5(d) of Pub. L. 90-486 provided that: 'Clause (4) of subsection (a) of this section (amending section 8332(b) of Title 5, Government Organization and Employees) and subsections (b) and (c) of this section (amending section 8334(c) and adding section 8339(l) of title 5) do not apply to any person employed prior to the effective date of this Act (see Effective Date note above) under section 709 of title 32, United States Code, whose employment under that section was covered by subchapter III of chapter 83 of title 5, United States Code.' ELECTION TO REMAIN UNDER STATE RETIREMENT SYSTEM; REEMPLOYED TECHNICIANS; CONTINUATION OF FEDERAL CONTRIBUTIONS Section 6 of Pub. L. 90-486, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(a) Notwithstanding section 709(d) of title 32, United States Code, a person who, on the date of enactment of this Act (Aug. 13, 1968), is employed under section 709 of title 32, United States Code, and is covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, may elect, not later than the effective date of this Act (see Effective Date note above), not to be covered by subchapter III of chapter 83 of title 5, United States Code, and with the consent of the State concerned or Commonwealth of Puerto Rico, to remain covered by the employee retirement system of, or plan sponsored by, that State or the Commonwealth of Puerto Rico. Unless such an election, together with a statement of approval by the State concerned or the Commonwealth of Puerto Rico, is filed with the Secretary of the Army or the Secretary of the Air Force, as appropriate, on or before the effective date of this Act, the person concerned is covered by subchapter III of chapter 83 of title 5, United States Code, as of that date. '(b) A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under section 709 of title 32, United States Code, or prior corresponding provision of law, who - '(1) was involuntarily ordered to active duty after January 1, 1968, from that employment and has not been released from that duty prior to the effective date of this Act (see Effective Date note above); or '(2) is on active duty under section 265, 3015, 3033, 3496, 8033 or 8496 of title 10, United States Code, on the effective date of this Act; and was covered by a retirement system or plan of a State or the Commonwealth of Puerto Rico, may, if he is reemployed within sixty days under section 709 of title 32, United States Code, make the election described in subsection (a) of this section, within thirty days following the date of his reemployment. '(c) In the case of any person who files a valid election under this section to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, the United States may pay the amount of the employer's contributions to that system or plan that become due for periods beginning on or after the effective date of this Act (see Effective Date note above). However, the payment by the United States, including any contribution that may be made by the United States toward the employer's tax imposed by section 3111 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954), as amended (26 U.S.C. 3111), may not exceed the amount which the employing agency would otherwise contribute on behalf of the person to the Civil Service Retirement and Disability Fund under section 8334(a) of title 5, United States Code. Notwithstanding section 8332(b) of title 5, United States Code, as amended by section 5 of this Act, the service under section 709 of title 32, United States Code, or prior corresponding provision of law, of a person who has made an election to remain covered by the employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall not be creditable toward eligibility for or amount of annuity under subchapter III of chapter 83 of title 5, United States Code. A person who retires pursuant to his valid election shall not be eligible for any rights, benefits, or privileges to which retired civilian employees of the United States may be entitled.' COMPENSATION RATES; CONVERSION AND ADJUSTMENT OF COMPENSATION TO THE GENERAL SCHEDULE Section 8 of Pub. L. 90-486 provided that: '(a) Except as provided in section 709(g) of title 32, United States Code, the Secretary concerned shall fix the rate of basic compensation of positions existing on the date of enactment of this Act (Aug. 13, 1968) in accordance with the General Schedule set forth in section 5332, or under the appropriate prevaling rate schedule in accordance with section 5341 of title 5, United States Code, as applicable. In fixing such rate - '(1) If the technician is receiving a rate of basic compensation which is less than the minimum rate of the appropriate grade of the General Schedule, or which is less than the minimum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, his basic compensation shall be increased to that minimum rate. '(2) If the technician is receiving a rate of basic compensation which is equal to a rate of the appropriate grade of the General Schedule, or which is equal to a rate of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at that rate of the General Schedule, or at that rate under the prevailing rate schedule, as applicable. '(3) If the technician is receiving a rate of basic compensation which is between two rates of the appropriate grade of the General Schedule, or which is between two rates of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at the higher of those two rates under the General Schedule or appropriate prevailing rate schedule, as applicable. '(4) If the technician is receiving a rate of basic compensation which is in excess of the maximum rate of the appropriate grade of the General Schedule, or which is in excess of the maximum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall continue to receive basic compensation without change in rate until - '(A) he leaves that position, or '(B) he is entitled to receive basic compensation at a higher rate, but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation. '(b) The conversion of positions and employees to appropriate grades of the General Schedule set forth in section 5332 of title 5, United States Code, and the initial adjustment of rates of basic compensation of those positions and technicians, provided for by this Act (see Short Title note above), shall not be considered to be transfers or promotions within the meaning of section 5334(b) of title 5, United States Code, and the regulations issued thereunder. '(c) Each technician on the effective date of this Act (see Effective Date note above), whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, who prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section, has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his rate of basic compensation is initially adjusted under that subsection. '(d) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, shall be granted credit, for purposes of his first step increase under the General Schedule or prevailing rate schedule, for all satisfactory service performed by him since his last increase in compensation prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section. '(e) An increase in rate of basic compensation by reason of the enactment of subsection (a) of this section shall not be considered to be an equivalent increase with respect to step increases for technicians whose positions are converted to the General Schedule set forth in section 5332 of title 5, United States Code, or the appropriate prevailing rate schedule under authority of this section.' REGULATIONS: APPROVAL BY SECRETARY OF DEFENSE; UNIFORMITY Section 10 of Pub. L. 90-486 provided that: 'Regulations prescribed by the Secretary of the Army and Secretary of the Air Force under this Act (see Short Title note above) shall be approved by the Secretary of Defense and shall, so far as practicable, be uniform.' NUMBER OF CARETAKERS FOR AIR NATIONAL GUARD Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided that the number of caretakers authorized to be employed under this section may be such as is deemed necessary by the Secretary of the Air Force and that they may be employed without regard to their military rank as members of the Air National Guard. Similar provisions were contained in the following prior acts: Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236. Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 985. Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 868. Aug. 19, 1964, Pub. L. 88-466, title II, 78 Stat. 469. Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 259. Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 323. Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 370. July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 344. Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 372. Aug. 22, 1958, Pub. L. 85-724, title V, 72 Stat. 723. Aug. 2, 1957, Pub. L. 85-117, title V, 71 Stat. 322. July 2, 1956, ch. 488, title V, 70 Stat. 466. July 13, 1955, ch. 358, title V, 69 Stat. 313. June 30, 1954, ch. 432, title VI, 68 Stat. 349. Aug. 1, 1953, ch. 305, title V, 67 Stat. 349. July 10, 1952, ch. 630, title V, 66 Stat. 530. Oct. 18, 1951, ch. 512, title V, 65 Stat. 444. Sept. 6, 1950, ch. 896, Ch. X, title V, 64 Stat. 751. Oct. 29, 1949, ch. 787, title V, 63 Stat. 1017. NUMBER OF CARETAKERS FOR ARMY NATIONAL GUARD Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided that the number of caretakers authorized to be employed under this section and those necessary to provide reimbursable services for the military departments, may be such as is deemed necessary by the Secretary of the Army. Similar provisions were contained in the following prior acts: Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236. Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 984. Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 867. Aug. 19, 1964, Pub. L. 88-446, title II, 78 Stat. 469. Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 258. Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 322. Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 369. July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 343. Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 371. Aug. 22, 1958, Pub. L. 85-724, title III, 72 Stat. 715. Aug. 2, 1957, Pub. L. 85-117, title III, 71 Stat. 315. July 2, 1956, ch. 488, title III, 70 Stat. 458. July 13, 1955, ch. 358, title III, 69 Stat. 305. June 30, 1954, ch. 432, title IV, 68 Stat. 340. Aug. 1, 1953, ch. 305, title III, 67 Stat. 340. July 10, 1952, ch. 630, title III, 66 Stat. 522. Oct. 18, 1951, ch. 512, title III, 65 Stat. 435. Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 740. Oct. 29, 1949, ch. 787, title III, 63 Stat. 1000. June 24, 1948, ch. 632, 62 Stat. 662. July 30, 1947, ch. 357, title I, 61 Stat. 564. July 16, 1946, ch. 583, 60 Stat. 556. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 715 of this title; title 5 sections 2105, 8332, 8337; title 10 sections 3848, 3851, 8848, 8851; title 42 section 418. ------DocID 39673 Document 99 of 127------ -CITE- 32 USC Sec. 710 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 710. Accountability for property issued to the National Guard -STATUTE- (a) All military property issued by the United States to the National Guard remains the property of the United States. (b) The Secretary of the Army shall prescribe regulations for accounting for property issued by the United States to the Army National Guard and for the fixing of responsibility for that property. The Secretary of the Air Force shall prescribe regulations for accounting for property issued by the United States to the Air National Guard and for the fixing of responsibility for that property. So far as practicable, regulations prescribed under this section shall be uniform among the components of each service. (c) Under regulations prescribed by the Secretary concerned under subsection (b), liability for the value of property issued by the United States to the National Guard that is lost, damaged, or destroyed may be charged (1) to a member of the Army National Guard or the Air National Guard when in similar circumstances a member of the Army or Air Force serving on active duty would be so charged, or (2) to a State or Territory, Puerto Rico, or the District of Columbia when the property is lost, damaged, or destroyed incident to duty directed pursuant to the laws of, and in support of the authorities of, such jurisdiction. Liability charged to a member of the Army National Guard or the Air National Guard shall be paid out of pay due to the member for duties performed as a member of the National Guard, unless the Secretary concerned shall for good cause remit or cancel that liability. Liability charged to a State or Territory, Puerto Rico, or the District of Columbia shall be paid from its funds or from any other non-Federal funds. (d) If property surveyed under this section is found to be unserviceable or unsuitable, the Secretary concerned or his designated representative shall direct its disposition by sale or otherwise. The proceeds of the following under this subsection shall be deposited in the Treasury under section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934. (1) A sale. (2) A stoppage against a member of the National Guard. (3) A collection from a person, or from a State or Territory, Puerto Rico, or the District of Columbia, to reimburse the United States for the loss or destruction of, or damage to, the property. (e) If a State or Territory, Puerto Rico, or the District of Columbia, whichever is concerned, neglects or refuses to pay for the loss or destruction of, or damage to, property charged against it under subsection (c), the Secretary concerned may bar it from receiving any part of appropriations for the Army National Guard or the Air National Guard, as the case may be, until the payment is made. (f) Instead of the procedure prescribed by subsections (b)-(d), property issued to the National Guard that becomes unserviceable through fair wear and tear in service may, under regulations to be prescribed by the Secretary concerned, be sold or otherwise disposed of after an inspection, and a finding of unserviceability because of that wear and tear, by a commissioned officer of the Regular Army or the Regular Air Force, as the case may be, designated by the Secretary. The State or Territory, Puerto Rico, or the District of Columbia, whichever is concerned, is relieved of accountability for that property. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 615; Sept. 2, 1958, Pub. L. 85-861, Sec. 33(c)(3), 72 Stat. 1567; Aug. 8, 1980, Pub. L. 96-328, Sec. 1(a), (b)(1), 94 Stat. 1027; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 515(8), 94 Stat. 2937; Sept. 13, 1982, Pub. L. 97-258, Sec. 3(h)(2), 96 Stat. 1065; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 710(a) 32:47 (1st sentence). June 3, 1916, ch. 134, Sec. 87; June 3, 1924, ch. 244, Sec. 1; restated Feb. 28, 1925, ch. 371, Sec. 4; restated Aug. 27, 1954, ch. 1014, 68 Stat. 880. 710(b) 32:47 (2d sentence). June 3, 1916, ch. 710(c) 32:47 (3d sentence). 134, Sec. 110 (last 710(d) 32:154 (last proviso proviso of 2d par.); 710(e) of 2d par.). restated Sept. 22, 710(f) 32:47 (last sentence, 1922, ch. 423, Sec. less proviso). 6 (last proviso of 32:47 (1st proviso of 2d par.); restated last sentence). Apr. 6, 1928, ch. 32:47 (last proviso 322 (last proviso), of last sentence). 45 Stat. 408. ------------------------------- In subsection (a), the words 'as herein provided' are omitted as surplusage. In subsections (b) and (f), the word 'commissioned' is inserted, since 32:47 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (b), the words 'by use in service or from any other cause' and 'surveying' are omitted as surplusage. The words 'a survey of the circumstances thereof' are substituted for the word 'it'. In subsection (c), the first 12 words of the second sentence are substituted for 32:47 (38th through 77th words of 2d sentence). Clause (2) is substituted for 32:154 (last proviso of 2d par.). In subsection (d), the last sentence is substituted for 32:47 (words between semicolon and 1st colon of last sentence). In subsection (e), the words 'charged against it under subsection (c)' are substituted for the words 'changed against such State, Territory, or the District of Columbia by the Secretary of the Army after survey by a disinterested officer appointed as hereinbefore provided'. The words 'may bar it from receiving' are substituted for the words 'is authorized to debar such State, Territory, or the District of Columbia from further participation in any and all'. In subsection (f), the words 'Instead of the procedure prescribed by subsections (b)-(d)' are substituted for the words 'and to constitute as to such property a discretional substitute for the examination, report, and disposition provided for elsewhere in this section'. The words 'a finding of unserviceability because of that wear and tear' are substituted for the words 'finding to that effect'. 1958 ACT This change corrects a typographical error. -REFTEXT- REFERENCES IN TEXT Section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934, referred to in subsec. (d), is section 4(b)(22) of act June 26, 1934, ch. 756, 48 Stat. 1228, which was classified to section 725c(b)(22) of former Title 31, and was omitted from the Code in the general revision and reenactment of Title 31, Money and Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877. -MISC2- AMENDMENTS 1988 - Subsecs. (c), (d)(3), (e), (f). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. 1982 - Subsec. (d). Pub. L. 97-258 struck out '(31 U.S.C. 725c(b)(22))' after '1934'. 1980 - Pub. L. 96-328, Sec. 1(b)(1), substituted 'Accountability for property issued to the National Guard' for 'Reports of survey' in section catchline. Subsec. (b). Pub. L. 96-328, Sec. 1(a), substituted provisions authorizing the Secretary of the Army, regarding the Army National Guard, and the Secretary of the Air Force, regarding the Air National Guard, to prescribe regulations for accounting for property issued by the United States to each service and for fixing responsibility for that property and requiring, as far as practicable, that the regulations prescribed be uniform among the components of each service for provisions authorizing, that if property issued to the National Guard is lost, damaged, or destroyed, or becomes unserviceable or unsuitable, a survey of the circumstances involved be conducted by a disinterested commissioned officer of the Regular Army, Army National Guard, Regular Air Force, or Air National Guard, as the case may be, and a report of the survey sent to the Secretary concerned or an officer designated by that Secretary to receive those reports. Subsec. (c). Pub. L. 96-328, Sec. 1(a), substituted provisions authorizing the Secretary concerned to charge liability for property lost, damaged, or destroyed to a member of the Army National Guard or Air National Guard when in similar circumstances a member of the Army or Air Force serving on active duty would be charged, to remit or cancel the liability of a member for good cause, and to charge a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia when such loss is incident to duty directed pursuant to the laws of, and in support of the authorities of, such jurisdiction for provisions authorizing the Secretary concerned to relieve a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia of liability for loss, damage, or destruction of property unless such loss occurred through negligence. Subsec. (d). Pub. L. 96-513 substituted '4(b)(22) of the Permanent Appropriation Repeal Act, 1934 (31 U.S.C. 725c(b)(22))' for '725c(b)(22) of title 31'. 1958 - Subsec. (c). Pub. L. 85-861 substituted 'of further' for 'or further'. EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. Section 2 of Pub. L. 96-328 provided that: 'The amendment made by subsection (a) of the first section of this Act (amending subsecs. (b) and (c) of this section) shall apply to liability for property issued by the United States to the National Guard that is lost, damaged, or destroyed on or after October 1, 1980. Liability for such property that is lost, damaged, or destroyed before such date shall be governed by the provisions of section 710 of title 32, United States Code, as in effect on the day before the date of the enactment of this Act (Aug. 8, 1980).' EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of Title 10, Armed Forces. ------DocID 39674 Document 100 of 127------ -CITE- 32 USC Sec. 711 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 711. Disposition of obsolete or condemned property -STATUTE- Each State and Territory, Puerto Rico, and the District of Columbia shall, upon receiving new property issued to its National Guard to replace obsolete or condemned issues of property, return the replaced property to the Department of the Army or the Department of the Air Force, as the case may be, or otherwise dispose of it, as the Secretary concerned directs. No money credit may be allowed for property disposed of under this section. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 616; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 711 32:46. June 3, 1916, ch. 134, Sec. 85, 39 Stat. 204. ------------------------------- The words 'to its National Guard' are inserted for clarity. The word 'it' is substituted for the words 'all property so replaced or condemned'. The last sentence is substituted for 32:46 (last 8 words). AMENDMENTS 1988 - Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. ------DocID 39675 Document 101 of 127------ -CITE- 32 USC Sec. 712 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 712. Disposition of proceeds of condemned stores issued to National Guard -STATUTE- The following shall be covered into the Treasury: (1) The proceeds from sales of condemned stores issued to the National Guard of a State or Territory, Puerto Rico, or the District of Columbia, and not charged against its allotment. (2) The net proceeds from collections made from any person to reimburse the United States for the loss or destruction of, or damage to, property described in clause (1). (3) Stoppage against members of the National Guard for the loss or destruction of, or damage to, property described in clause (1). -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 616; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(b)(1), 102 Stat. 2059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 712 32:45. June 3, 1916, ch. 134, Sec. 88, 39 Stat. 205; Oct. 31, 1951, ch. 654, Sec. 3(5), 65 Stat. 708. ------------------------------- The introductory clause is substituted for the words 'shall be covered into the Treasury of the United States' and 'as shall also'. The words 'United States' are substituted for the word 'Government'. The words 'members of the National Guard' are substituted for the words 'officers and enlisted men'. AMENDMENTS 1988 - Par. (1). Pub. L. 100-456 struck out 'the Canal Zone,' after 'Puerto Rico,'. ------DocID 39676 Document 102 of 127------ -CITE- 32 USC Sec. 713 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 713. Official mail: free transmission -STATUTE- Units and headquarters of the National Guard, whether or not in Federal service, have the same privilege of free mailing of official matter as the Department of Defense. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 617.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 713 32:196. Aug. 1, 1953, ch. 305, Sec. 643, 67 Stat. 357. ------------------------------- The word 'Hereafter' is omitted as executed. The words 'and the Air National Guard' are omitted, since 'National Guard', as defined in section 101(2) of this title, includes the Army National Guard and the Air National Guard. The words 'Federal service' are substituted for the words 'active service of the United States'. The words 'mailing of official matter' are substituted for the words 'transmission of official mail matter'. ------DocID 39677 Document 103 of 127------ -CITE- 32 USC Sec. 714 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 714. Final settlement of accounts: deceased members -STATUTE- (a) In the settlement of the accounts of a member of the National Guard who dies after December 31, 1955, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death: (1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member's death, at the place named in regulations to be prescribed by the Secretary concerned. (2) Surviving spouse. (3) Children and their descendants, by representation. (4) Father and mother in equal parts or, if either is dead, the survivor. (5) Legal representative. (6) Person entitled under the law of the domicile of the deceased member. (b) Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform with those prescribed for the armed forces under section 2771(b) of title 10. (c) Under such regulations as the Comptroller General may prescribe, payments under subsection (a) shall be made by the Department of the Army or the Department of the Air Force, as the case may be. Payment under clause (6) of subsection (a) shall be made - (1) upon settlement by the General Accounting Office; or (2) as otherwise authorized by the Comptroller General. (d) A payment under this section bars recovery by any other person of the amount paid. -SOURCE- (Added Pub. L. 85-861, Sec. 2(12), Sept. 2, 1958, 72 Stat. 1546, and amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 714(a) 37:361. July 12, 1955, ch. 328, Sec. 1-3, 4 (less proviso), 5 (1st sentence), 69 Stat. 295, 296. 714(b) 37:362. 714(c) 37:365. 37:364 (less proviso) 37:363 (less last sentence). 714(d) 37:363 (last sentence). ------------------------------- In subsection (a), the definition of the term 'Department', in 37:361, is omitted as unnecessary, since the particular departments referred to are spelled out in the revised text. The definition of the term 'uniformed services', in 37:361, is omitted as covered by the word 'member' in this revised section. Clauses (1)-(6) are substituted for the last 5 clauses of 37:362. The words 'regulations to be prescribed by the Secretary concerned' are substituted for the words 'regulations of the Department concerned', since the 'Department', as such, cannot issue regulations. In subsection (a)(2), the words 'Surviving spouse' are substituted for the words 'widow or widower'. As defined in section 101(18) of this title, 'spouse' includes a widower. In subsection (b), the words 'are subject to' are substituted for the words 'shall be made under'. In subsection (c), the word 'Under' is substituted for the words 'Subject to'. The words 'rules and' are omitted as surplusage. AMENDMENTS 1961 - Subsec. (c). Pub. L. 87-46 substituted 'Payment under clause (6) of subsection (a) shall be made - '(1) upon settlement by the General Accounting Office; or '(2) as otherwise authorized by the Comptroller General.' for 'Payments under clauses (2)-(6) of subsection (a) may be paid only after settlement by the General Accounting Office.' DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956 Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of this section, see note set out under section 2771 of Title 10, Armed Forces. ------DocID 39678 Document 104 of 127------ -CITE- 32 USC Sec. 715 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 715. Property loss; personal injury or death: activities under certain sections of this title -STATUTE- (a) Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for - (1) damage to, or loss of, real property, including damage or loss incident to use and occupancy; (2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or (3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under section 206 of title 37, or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections. (b) A claim may be allowed under subsection (a) only if - (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated; (2) it is not covered by section 2734 of title 10 or section 2672 of title 28; (3) it is not for personal injury or death of such a member or a person employed under section 709 of this title, whose injury or death is incident to his service; (4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee, or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and (5) it is substantiated as prescribed in regulations of the Secretary concerned. For the purposes of clause (1), the dates of the beginning and end of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. (c) Payment may not be made under this section for reimbursement for medical, hospital, or burial services furnished at the expense of the United States or of any State or the District of Columbia or Puerto Rico. (d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Comptroller General for payment under section 1304 of title 31. (e) Except as provided in subsection (d), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. (f) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose. (g) Notwithstanding any other provision of law, the settlement of a claim under this section is final and conclusive. (h) In this section, 'settle' means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or disallowance. -SOURCE- (Added Pub. L. 86-740, Sec. 1(1), Sept. 13, 1960, 74 Stat. 878, and amended Pub. L. 87-649, Sec. 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L. 90-486, Sec. 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90-525, Sec. 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91-312, Sec. 3, July 8, 1970, 84 Stat. 412; Pub. L. 92-445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93-336, Sec. 3, July 8, 1974, 88 Stat. 292; Pub. L. 98-564, Sec. 4, Oct. 30, 1984, 98 Stat. 2919.) -MISC1- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-564, Sec. 4(1), substituted '$100,000' for '$25,000'. Subsec. (d). Pub. L. 98-564, Sec. 4(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: 'If the Secretary of the military department concerned considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $25,000 and report the excess to Congress for its consideration'. Subsec. (f). Pub. L. 98-564, Sec. 4(3), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: 'In any case where the amount to be paid is not more than $5,000, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733(g) of title 10, to settle similar claims, subject to appeal to the Secretary concerned, or his designee for that purpose'. 1974 - Subsecs. (a), (d). Pub. L. 93-336, Sec. 3(1), (2), substituted '$25,000' for '$15,000'. Subsec. (f). Pub. L. 93-336, Sec. 3(3), substituted '$5,000' for '$2,500'. 1972 - Subsec. (b)(4). Pub. L. 92-445 inserted provision that claim may be allowed to extent that law of place where act or omission complained of occurred would permit recovery from a private individual under similar circumstances, when damage to or loss of property, or personal injury or death was caused wholly or partly by a negligent or wrongful act of claimant, his agent, or his employee. 1970 - Subsecs. (a), (d). Pub. L. 91-312 substituted '$15,000' for '$5,000'. 1968 - Subsec. (a). Pub. L. 90-486 struck out 'caused by a person employed under section 709 of this title acting within the scope of his employment;' after 'acting within the scope of his employment;'. Subsec. (f). Pub. L. 90-525 increased limitation on amount of settlement from $1,000 to $2,500 and provided for appeals to Secretary concerned, or his designee, from determinations delegating authority to settle claims to an officer of the Army or the Air Force. 1962 - Subsec. (a)(3). Pub. L. 87-649 substituted 'section 206 of title 37' for 'section 301 of title 37'. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a note under section 709 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. SAVINGS PROVISION FOR CLAIMS ARISING BEFORE JANUARY 1, 1969 Settlement and payment of claims arising under this section before January 1, 1969, see section 3(a) of Pub. L. 90-486, set out as a note under section 709 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2736; title 31 section 1304. ------DocID 39679 Document 105 of 127------ -CITE- 32 USC Sec. 716 -EXPCITE- TITLE 32 CHAPTER 7 -HEAD- Sec. 716. Claims for overpayment of pay and allowances, and travel and transportation allowances -STATUTE- (a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by - (1) the Comptroller General; or (2) the Secretary concerned, as defined in section 101(5) of title 37, when - (A) the claim is in an amount aggregating not more than $500; (B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and (C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. (b) The Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim - (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or (2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment was discovered. (c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section. (d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes. (f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. -SOURCE- (Added Pub. L. 92-453, Sec. 2(1), Oct. 2, 1972, 86 Stat. 759, and amended Pub. L. 96-513, title V, Sec. 515(9), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 99-224, Sec. 3(a), Dec. 28, 1985, 99 Stat. 1742.) -MISC1- AMENDMENTS 1985 - Pub. L. 99-224, Sec. 3(a)(1), substituted 'and travel' for 'other than travel' in section catchline. Subsec. (a). Pub. L. 99-224, Sec. 3(a)(2), substituted 'made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances' for ', other than travel and transportation allowances, made before or after October 2, 1972'. Subsec. (b)(2). Pub. L. 99-224, Sec. 3(a)(3), struck out 'of pay or allowances, other than travel and transportation allowances,' before 'was discovered'. 1980 - Subsec. (a). Pub. L. 96-513 substituted 'October 2, 1972' for 'the effective date of this section'. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-224 applicable to any claim arising out of an erroneous payment of travel and transportation allowances made on or after Dec. 28, 1985, see section 4 of Pub. L. 99-224, set out as a note under section 5584 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces. ------DocID 39712 Document 106 of 127------ -CITE- 33 USC Sec. 32 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 32. Lake George, Mississippi -STATUTE- Lake George, in Yazoo County, in the State of Mississippi, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (May 24, 1922, ch. 198, Sec. 1, 2, 42 Stat. 552.) -COD- CODIFICATION The two sentences comprising this section are respectively sections 1 and 2 of act May 24, 1922, entitled 'An act declaring Lake George, Yazoo County, Mississippi, to be a nonnavigable stream'. ------DocID 40727 Document 107 of 127------ -CITE- 33 USC CHAPTER 32 -EXPCITE- TITLE 33 CHAPTER 32 -HEAD- CHAPTER 32 - INLAND WATERWAYS TRUST FUND -MISC1- Sec. 1801, 1802. Repealed. 1803. Study with respect to inland waterway user taxes and charges. (a) Study directed. (b) Considerations relating to the taxing mechanism. (c) Considerations relating to economic effects. (d) Considerations relating to economic feasibility of waterway improvement projects; level of benefits from waterway expenditures. (e) Considerations relating to Federal assistance. (f) Considerations relating to policy and future development. (g) 'Inland waterway user taxes and charges' defined. (h) Report. (i) Authorization of appropriations. 1804. Inland and intracoastal waterways of the United States. ------DocID 40979 Document 108 of 127------ -CITE- 35 USC Sec. 32 -EXPCITE- TITLE 35 PART I CHAPTER 3 -HEAD- Sec. 32. Suspension or exclusion from practice -STATUTE- The Commissioner may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 31 of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Commissioner upon the petition of the person so refused recognition or so suspended or excluded. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 795; Jan. 2, 1975, Pub. L. 93-596, Sec. 1, 88 Stat. 1949.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 11 (R.S. 487, amended Feb. 18, 1922, ch. 58, Sec. 3, 42 Stat. 390). See note under section 31. AMENDMENTS 1975 - Pub. L. 93-596 substituted 'Patent and Trademark Office' for 'Patent Office'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 500. ------DocID 41167 Document 109 of 127------ -CITE- 36 USC Sec. 32 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 32. Name and powers of corporation -STATUTE- The name of such corporation shall be Girl Scouts of the United States of America (hereinafter referred to as the 'corporation'), and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to take, receive, and hold, in trust or otherwise, and to sell and convey real and personal property necessary for its corporate purposes, and other real and personal property, the income from which shall be applied to its corporate purposes; to adopt a seal, and to alter or destroy such seal; to have offices and to conduct its business and affairs within and without the District of Columbia and in the several States, Territories, and possessions of the United States; to adopt a constitution, bylaws, rules, and regulations (including regulations for the election of associates and successors) not inconsistent with the laws of the United States, or any State thereof, and from time to time to alter such constitution, bylaws, rules, and regulations and generally to perform such acts as may be necessary to carry out the purposes of this chapter and promote the purposes of the corporation. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 2, 64 Stat. 23.) ------DocID 41731 Document 110 of 127------ -CITE- 36 USC CHAPTER 32 -EXPCITE- TITLE 36 CHAPTER 32 -HEAD- CHAPTER 32 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF AMERICA -MISC1- Sec. 761. Corporation created. 762. Completion of organization. 763. Objects and purposes of corporation. 764. Powers of corporation. 765. Eligibility for membership. 766. Governing authority; composition; form; meeting places. 767. Board of administration. (a) Governing period. (b) Initial board. (c) Election. 768. Officers. 769. Principal office; territorial scope of activities; agent for service of process. 770. Distribution of income or assets to members; loans. 771. Nonpolitical nature of corporation. 772. Liability for acts of officers and agents. 773. Prohibition against issuance of stock or payment of dividends. 774. Books and records; inspection. 775. Repealed. 776. Annual report. 777. Exclusive right to name, emblems, seals, and badges. 778. Acquisition of assets and liabilities of existing corporation. 779. Dissolution or liquidation; disposition of property. 780. Reservation of right to amend or repeal chapter. ------DocID 43048 Document 111 of 127------ -CITE- 38 USC CHAPTER 32 -EXPCITE- TITLE 38 PART III CHAPTER 32 -HEAD- CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE -MISC1- SUBCHAPTER I - PURPOSE; DEFINITIONS Sec. 1601. Purpose. 1602. Definitions. SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND 1621. Eligibility. 1622. Contributions; matching fund. 1623. Refunds of contributions upon disenrollment. 1624. Death of participant. 1625. Discharge or release under conditions which would bar the use of benefits. SUBCHAPTER III - ENTITLEMENT; DURATION 1631. Entitlement; loan eligibility. 1632. Duration; limitations. 1633. Apprenticeship or other on-job training. 1634. Tutorial assistance. SUBCHAPTER IV - ADMINISTRATION 1641. Requirements. 1642. Reporting requirements. 1643. Deposits; reports. AMENDMENTS 1988 - Pub. L. 100-689, title I, Sec. 107(b)(2), Nov. 18, 1988, 102 Stat. 4169, added item 1634. 1986 - Pub. L. 99-576, title III, Sec. 310(b)(3), Oct. 28, 1986, 100 Stat. 3272, added item 1633. 1982 - Pub. L. 97-295, Sec. 4(36), Oct. 12, 1982, 96 Stat. 1307, inserted 'the' after 'bar' in item 1625. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1418A, 1433, 1673, 1685, 1774, 1781, 1784A, 1790, 1792, 1793, 1795, 1797, 3013, 3103A of this title; title 20 sections 1078, 1087pp, 1087qq; title 26 sections 135, 6334. ------DocID 43579 Document 112 of 127------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 32 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 32. Form of Briefs, Appendices, and Other Papers -STATUTE- (a) Briefs, appendices, and other papers must be printed or typewritten, and may be produced by any copying process that produces a clear black image on white paper. Pages may not exceed 8 1/2 by 11 inches, and typed matter may not exceed 6 1/2 by 9 1/2 inches, with text double spaced. Type size of text must be pica or larger with no more than 10 characters per inch. Footnotes may be in elite type with no more than 12 characters per inch. Indented quotations and footnotes may be single spaced. (b) Printed briefs must appear in at least 11 point type on opaque unglazed paper. Briefs produced by the standard typographic process or by using proportional spacing must have pages 6 1/8 by 9 1/4 inches and typed matter 4 1/6 by 7 1/6 inches. (c) Covers are not required on briefs or appendices but if used they should be blue for the appellant, red for the Secretary, green for an amicus curiae or an intervenor, gray for any reply brief and white for an appendix if separate from the brief (See Form 2 - Sample Brief Cover). (d) All papers, other than the record on appeal, must be attached at the upper left-hand corner. The record on appeal must be bound at the top. (e) A motion or other paper addressed to the Court must contain a caption setting forth the name of this Court, the Court's case number when assigned, the title of the case, the Department of Veterans Affairs claims file number, and a brief title indicating the purpose of the paper. (f) The pages of a brief or any other document to be filed with the Clerk must be numbered in the center of the bottom margin, using arabic numerals for the pages subject to the page limitation and lower case roman numerals for the table of contents, tables of citations, and any appendix containing statutes, rules, and regulations. (g) The parties may not use photo reproduction that reduces print size smaller than the size required by these rules. (h) The names, addresses, and telephone numbers of all representatives, and of all parties without representatives, must appear on briefs or other documents being filed with the Clerk. ------DocID 43701 Document 113 of 127------ -CITE- 39 USC CHAPTER 32 -EXPCITE- TITLE 39 PART IV CHAPTER 32 -HEAD- CHAPTER 32 - PENALTY AND FRANKED MAIL -MISC1- Sec. 3201. Definitions. 3202. Penalty mail. 3203. Endorsements on penalty covers. 3204. Restrictions on use of penalty mail. 3205. Accounting for penalty covers. 3206. Reimbursement for penalty mail service. 3207. Limit of weight of penalty mail; postage on overweight matter. 3208. Shipment by most economical means. 3209. Executive departments to supply information. 3210. Franked mail transmitted by the Vice President, Members of Congress, and congressional officials. 3211. Public documents. 3212. Congressional Record under frank of Members of Congress. 3213. Seeds and reports from Department of Agriculture. 3214. Mailing privilege of former President; surviving spouse of former President. 3215. Lending or permitting use of frank unlawful. 3216. Reimbursement for franked mailings. 3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain. 3218. Franked mail for survivors of Members of Congress. 3219. Mailgrams. 3220. Use of official mail in the location and recovery of missing children. AMENDMENTS 1985 - Pub. L. 99-87, Sec. 1(a)(2), Aug. 9, 1985, 99 Stat. 290, added item 3220. 1981 - Pub. L. 97-69, Sec. 6(c)(2), Oct. 26, 1981, 95 Stat. 1043, substituted 'survivors' for 'surviving spouses' in item 3218. 1973 - Pub. L. 93-191, Sec. 1(b), 4(b), 12(b), Dec. 18, 1973, 87 Stat. 741, 742, 746, substituted 'Franked mail transmitted by the Vice President, Members of Congress, and congressional officials' for 'Official correspondence of Vice President and Members of Congress' in item 3210, substituted 'President, surviving spouse of former President' for 'Presidents' in item 3214, and added item 3219. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3684 of this title. ------DocID 43831 Document 114 of 127------ -CITE- 40 USC Sec. 32, 33 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. Pub. L. 86-249, Sec. 17(3), (4), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section 32, act July 15, 1870, ch. 293, 16 Stat. 311, related to alterations or work on Treasury Building. See section 601 et seq. of this title. Section 33, act Mar. 4, 1907, ch. 2918, Sec. 9, 34 Stat. 1371; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, restricted expenditures for production of electricity. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 45198 Document 115 of 127------ -CITE- 42 USC Sec. 290cc-32 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part C -HEAD- Sec. 290cc-32. Prohibition against certain false statements -STATUTE- (a) In general (1) A person may not knowingly make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which amounts may be paid by a State from payments received by the State under section 290cc-21 of this title. (2) A person with knowledge of the occurrence of any event affecting the right of the person to receive any amounts from payments made to the State under section 290cc-21 of this title may not conceal or fail to disclose any such event with the intent of securing such an amount that the person is not authorized to receive or securing such an amount in an amount greater than the amount the person is authorized to receive. (b) Criminal penalty for violation of prohibition Any person who violates a prohibition established in subsection (a) of this section may for each violation be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 532, as added July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(3), 101 Stat. 521, and amended Nov. 29, 1990, Pub. L. 101-645, title V, Sec. 511, 104 Stat. 4732.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-645 amended section generally, substituting provisions relating to prohibition against certain false statements for provisions relating to failure to comply with agreements. ------DocID 45475 Document 116 of 127------ -CITE- 42 USC Sec. 300d-32 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER X Part C -HEAD- Sec. 300d-32. Funding -STATUTE- (a) Authorization of appropriations For the purpose of carrying out this subchapter, there are authorized to be appropriated $60,000,000 for fiscal year 1991 and such sums as may be necessary for each of the fiscal years 1992 and 1993. (b) Allocation of funds by Secretary (1) General authority For the purpose of carrying out part A of this subchapter, the Secretary shall make available 10 percent of the amounts appropriated for a fiscal year under subsection (a) of this section. (2) Rural grants For the purpose of carrying out section 300d-3 of this title, the Secretary shall make available 10 percent of the amounts appropriated for a fiscal year under subsection (a) of this section. (3) Formula grants (A) For the purpose of making allotments under section 300d-11(a) of this title, the Secretary shall, subject to subsection (c) of this section, make available 80 percent of the amounts appropriated for a fiscal year pursuant to subsection (a) of this section. (B) Amounts paid to a State under section 300d-11(a) of this title for a fiscal year shall, for the purposes for which the amounts were paid, remain available for obligation until the end of the fiscal year immediately following the fiscal year for which the amounts were paid. (c) Effect of insufficient appropriations for minimum allotments (1) In general If the amounts made available under subsection (b)(3)(A) of this section for a fiscal year are insufficient for providing each State with an allotment under section 300d-11(a) of this title of not less than the applicable amount under section 300d-18(a)(2) of this title, the Secretary shall, from such amounts as are made available under subsection (b)(3)(A) of this section, make grants to States described in paragraph (2) for carrying out part B of this subchapter. (2) Eligible States The States referred to in paragraph (1) are States that - (A) have the greatest need to develop, implement, and maintain trauma care systems; and (B) demonstrate in their applications under section 300d-17 of this title the greatest commitment to establishing and maintaining such systems. (3) Rule of construction Paragraph (1) may not be construed to require the Secretary to make a grant under such paragraph to each State. -SOURCE- (July 1, 1944, ch. 373, title XII, Sec. 1232, as added Nov. 16, 1990, Pub. L. 101-590, Sec. 3, 104 Stat. 2927.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300d-18 of this title. ------DocID 45673 Document 117 of 127------ -CITE- 42 USC Sec. 300aa-32 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 2 subpart d -HEAD- Sec. 300aa-32. Judicial review -STATUTE- A petition for review of a regulation under this part may be filed in a court of appeals of the United States within 60 days from the date of the promulgation of the regulation or after such date if such petition is based solely on grounds arising after such 60th day. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2132, as added Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3778.) ------DocID 45716 Document 118 of 127------ -CITE- 42 USC Sec. 300dd-32 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXII Part C subpart i -HEAD- Sec. 300dd-32. Requirement of provision of certain counseling services -STATUTE- (a) Counseling before testing The Secretary may not make a grant under section 300dd-31 of this title to a State unless the State agrees that, before testing an individual pursuant to such section, the State will provide to the individual appropriate counseling with respect to acquired immune deficiency syndrome (based on the most recent scientific data relating to such syndrome), including - (1) measures for the prevention of exposure to, and the transmission of, the etiologic agent for such syndrome; (2) the accuracy and reliability of the results of such testing; (3) the significance of the results of such testing, including the potential for developing acquired immune deficiency syndrome; and (4) encouraging individuals, as appropriate, to undergo testing for such etiologic agent and providing information on the benefits of such testing. (b) Counseling of individuals with negative test results The Secretary may not make a grant under section 300dd-31 of this title to a State unless the State agrees that, if the results of testing conducted pursuant to such section indicate that an individual is not infected with the etiologic agent for acquired immune deficiency syndrome, the State will review for the individual the information provided pursuant to subsection (a) of this section with respect to such syndrome, including - (1) the information described in paragraphs (1) through (3) of such subsection; and (2) the appropriateness of further counseling, testing, and education of the individual with respect to acquired immune deficiency syndrome. (c) Counseling of individuals with positive test results The Secretary may not make a grant under section 300dd-31 of this title to a State unless the State agrees that, if the results of testing conducted pursuant to such section indicate that an individual is infected with the etiologic agent for acquired immune deficiency syndrome, the State will provide to the individual appropriate counseling with respect to such syndrome, including - (1) reviewing the information described in paragraphs (1) through (3) of subsection (a) of this section; (2) reviewing the appropriateness of further counseling, testing, and education of the individual with respect to acquired immune deficiency syndrome; (3) the importance of not exposing others to the etiologic agent for acquired immune deficiency syndrome; (4) the availability in the geographic area of any appropriate services with respect to health care, including mental health care and social and support services; (5) the benefits of locating and counseling any individual by whom the infected individual may have been exposed to the etiologic agent for acquired immune deficiency syndrome and any individual whom the infected individual may have exposed to such etiologic agent; and (6) the availability, if any, of the services of public health authorities with respect to locating and counseling any individual described in paragraph (5). (d) Rule of construction with respect to counseling without testing Agreements entered into pursuant to subsections (a) through (c) of this section may not be construed to prohibit any grantee under section 300dd-31 of this title from expending the grant for the purpose of providing counseling services described in such subsections to an individual who will not undergo testing described in such section as a result of the grantee or the individual determining that such testing of the individual is not appropriate. (e) Use of funds (1) The purpose of this subpart is to provide for counseling and testing services to prevent and reduce exposure to, and transmission of, the etiologic agent for acquired immune deficiency syndrome. (2) All individuals receiving counseling pursuant to this subpart are to be counseled about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. (3) None of the fund appropriated to carry out this subpart may be used to provide counseling that is designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous drug abuse. (4) Paragraph (3) may not be construed to prohibit a counselor who has already performed the counseling of an individual required by paragraph (2), to provide accurate information about means to reduce an individual's risk of exposure to, or the transmission of, the etiologic agent for acquired immune deficiency syndrome, provided that any informational materials used are not obscene. -SOURCE- (July 1, 1944, ch. 373, title XXIV, Sec. 2432, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3090, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(i), 102 Stat. 4242.) -MISC1- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-690, Sec. 2618(i)(1), substituted 'indicate that an individual' for 'indicate that the individual' in introductory provisions and 'paragraph (5)' for 'paragraph (4)' in par. (6). Subsec. (e)(1) to (3). Pub. L. 100-690, Sec. 2618(i)(2), substituted 'subpart' for 'part'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective immediately after enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100-690, set out as a note under section 242m of this title. ------DocID 45745 Document 119 of 127------ -CITE- 42 USC Sec. 300ee-32 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIII Part B -HEAD- Sec. 300ee-32. Public information campaigns -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control, may make grants to public entities, and to nonprofit private entities concerned with acquired immune deficiency syndrome, and shall enter into contracts with public and private entities, for the development and delivery of public service announcements and paid advertising messages that warn individuals about activities which place them at risk of infection with the etiologic agent for such syndrome. (b) Requirement of application The Secretary may not provide financial assistance under subsection (a) of this section unless - (1) an application for such assistance is submitted to the Secretary; (2) with respect to carrying out the purpose for which the assistance is to be provided, the application provides assurances of compliance satisfactory to the Secretary; and (3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. -SOURCE- (July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2522, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 221, 102 Stat. 3103, and renumbered title XXV, Aug. 16, 1989, Pub. L. 101-93, Sec. 5(e)(1), 103 Stat. 612.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300ee-34 of this title. ------DocID 47306 Document 120 of 127------ -CITE- 42 USC CHAPTER 32 -EXPCITE- TITLE 42 CHAPTER 32 -HEAD- CHAPTER 32 - THIRD PARTY LIABILITY FOR HOSPITAL AND MEDICAL CARE -MISC1- Sec. 2651. Recovery by United States. (a) Conditions, exceptions; persons liable; amount of recovery; subrogation; assignment. (b) Enforcement procedure; intervention; joinder of parties; State or Federal court proceedings. (c) Veterans' exception. 2652. Regulations. (a) Determination and establishment of reasonable value of care and treatment. (b) Settlement, release and waiver of claims. (c) Damages recoverable for personal injury unaffected. 2653. Limitation or repeal of other provisions for recovery of hospital and medical care costs. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 10 section 1095; title 25 sections 1621g, 1683. ------DocID 51000 Document 121 of 127------ -CITE- 43 USC Sec. 32 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 32. Acting Director -STATUTE- The Secretary of the Interior may authorize one of the geologists to act as Director of the Geological Survey in the absence of that officer. -SOURCE- (July 31, 1894, ch. 174, Sec. 1, 28 Stat. 197.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ------DocID 52107 Document 122 of 127------ -CITE- 43 USC CHAPTER 32 -EXPCITE- TITLE 43 CHAPTER 32 -HEAD- CHAPTER 32 - COLORADO RIVER BASIN PROJECT -MISC1- SUBCHAPTER I - OBJECTIVES Sec. 1501. Congressional declaration of purpose and policy. SUBCHAPTER II - INVESTIGATIONS AND PLANNING 1511. Reconnaissance investigations by Secretary of the Interior; reports; 10-year moratorium on water importation studies. 1511a. Cooperation and participation by Secretary of Army with Federal, State, and local agencies. 1512. Mexican Water Treaty. 1513. Importation of water; protection of exporting areas. 1514. Authorization of appropriations. SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES 1521. Central Arizona Project. (a) Construction and operation; Hayden-Rhodes Aqueduct and pumping plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts and pumping plants; Salt-Gila aqueducts; related and appurtenant works. (b) Limitation on water diversions in years of insufficient main stream Colorado River water. (c) Augmentation of water supply of Colorado River system. 1522. Orme Dam and Reservoir. (a) Acquisition of lands of Salt River Pima-Maricopa Indian Community and Fort McDowell-Apache Indian Community; relocation; eminent domain. (b) Rights of former owners to use or lease land. (c) Addition of land to Fort McDowell Indian Reservation. (d) Recreational facilities developed and operated by Indian communities along Orme Reservoir shoreline. (e) Exemption of funds from State and Federal income taxes. 1523. Power requirements of Central Arizona Project and augmentation of Lower Colorado River Basin Development Fund. (a) Engineering and economic studies. (b) Construction of thermal generating powerplants; agreements for acquisition by United States of portions of plant capacity. (c) Recommended plan; submission to Congress. (d) Apportionment of water for Arizona plants diverted above Lee Ferry. 1524. Water furnished from Central Arizona Project. (a) Restriction on use of water for irrigation. (b) Contracts with municipal and industrial users. (c) Water conservation. (d) Water exchanges. (e) Water shortage priorities. (f) New Mexico users; water exchange contracts. 1525. Cost of main stream water of Colorado River. 1526. Water salvage programs. 1527. Fish and wildlife conservation and development. 1528. Authorization of appropriations. SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND 1541. Allocation of costs; repayment. 1542. Repayment capability of Indian lands. 1543. Lower Colorado River Basin Development Fund. (a) Establishment. (b) Appropriations. (c) Revenues credited to fund. (d) Use of revenue funds. (e) Appropriation by Congress required for construction of works. (f) Return of costs and interest. (g) Repayment of costs. (h) Interest rate. (i) Annual budgets; submission to Congress. 1544. Annual report to Congress. SUBCHAPTER V - GENERAL PROVISIONS 1551. Construction of Colorado River Basin Act. (a) Effect on other laws. (b) Reports to Congress. (c) Compliance of Federal officers and agencies. 1552. Criteria for long-range operation of reservoirs. (a) Promulgation by Secretary; order of priorities. (b) Submittal of criteria for review and comment; publication; report to Congress. (c) Powerplant operations. 1553. Upper Colorado River Basin; rights to consumptive uses not to be reduced or prejudiced; duties and powers of Commission not impaired. 1554. Federal reclamation laws. 1555. Federal Power Act inapplicable to Colorado River between Hoover Dam and Glen Canyon Dam. 1556. Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 620c-1, 1511a, 1592, 1597, 1600g of this title. ------DocID 52700 Document 123 of 127------ -CITE- 45 USC Sec. 32 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 32. Report by railroad to director as to accident; preservation of disabled parts; investigation and report thereupon -STATUTE- In the case of accident resulting from failure from any cause of a locomotive boiler or its appurtenances, resulting in serious injury or death to one or more persons, a statement forthwith must be made in writing of the fact of such accident, by the railroad owning or operating said locomotive, to the director of locomotive inspection. Whereupon the facts concerning such accident shall be investigated by the director of locomotive inspection or one of his assistants, or such inspector as the director of locomotive inspection may designate for that purpose. And where the locomotive is disabled to the extent that it cannot be run by its own steam, the part or parts affected by the said accident shall be preserved by said railroad intact, so far as possible, without hindrance or interference to traffic until after said inspection. The director of locomotive inspection or an assistant or the designated inspector making the investigation shall examine or cause to be examined thoroughly the boiler or part affected, making full and detailed report of the cause of the accident to the director of locomotive inspection. -SOURCE- (Feb. 17, 1911, ch. 103, Sec. 8, 36 Stat. 916; Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; June 22, 1988, Pub. L. 100-342, Sec. 14(6), 102 Stat. 633.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-342 substituted 'railroad' for 'carrier' in two places. 1940 - Act Apr. 22, 1940, substituted 'director of locomotive inspection' for 'chief inspector' wherever appearing. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties under this section which were transferred to Secretary of Transportation by section 6(e)(1)(E) of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938 (section 1655(e)(1)(E) of Title 49, Appendix, Transportation), transferred to National Transportation Safety Board within Department of Transportation by section 5(b) of Pub. L. 89-670, which also directed Board to exercise such functions, powers, and duties with regard to (1) determining cause or probable cause of transportation accidents and reporting facts, conditions, and circumstances relating to such accidents and (2) reviewing on appeal suspension, amendment, modification, revocation, or denial of any certificate or license issued by Secretary or by an Administrator. Section 5 of Pub. L. 89-670 was repealed by Pub. L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Pub. L. 93-633, title III, Sec. 304 (enacting sections 1902 and 1903 of Title 49, Appendix), established National Transportation Safety Board as an independent Agency of United States on and after Apr. 1, 1975, and directed that Board investigate or cause to be investigated and determine facts, conditions, and circumstances and cause or probable cause or causes of any railroad accident in which there is a fatality, substantial property damage, or which involves a passenger train, and report in writing on facts, conditions, and circumstances of each accident investigated. Powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See section 1655(e)(1)(E) of Title 49, Appendix, Transportation. Offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, together with function of director of locomotive inspection with respect to dividing territory comprising several States and District of Columbia into 50 locomotive boiler-inspection districts, abolished and all other functions transferred to Interstate Commerce Commission by Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320, set out under section 22 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 22, 23, 28, 29, 30, 33, 34 of this title; title 49 App. section 1655. ------DocID 54085 Document 124 of 127------ -CITE- 47 USC Sec. 32 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 32. Application -STATUTE- The provisions of this chapter shall be held to apply only to cables to which the convention for the time being applies. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 12, 25 Stat. 42.) ------DocID 55814 Document 125 of 127------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 32 -EXPCITE- TITLE 49, APPENDIX CHAPTER 32 -HEAD- CHAPTER 32 - COMMERCIAL MOTOR VEHICLES -MISC1- SUBCHAPTER I - SAFETY Sec. 2301. Definitions 2302. Grants to States. (a) Authorization for grants for enforcement programs applicable to commercial motor vehicle safety. (b) Submission of plan by State for enforcement of Federal and State rules, regulations, etc., applicable to commercial motor vehicle safety; conditions for approval of plan by Secretary; rejection and resubmission of plan. (c) Evaluation by Secretary of execution of plan by State; withdrawal of approval of plan; judicial review; retention of enforcement jurisdiction by State. (d) Maintenance of level of expenditures for commercial motor vehicle safety programs as condition for approval of plan. 2303. Federal share of costs. 2304. Authorizations. (a) Amounts. (b) Use of funds. (c) Period of grants. (d) Aproval of grant deemed contractual obligation to pay Federal share of costs. (e) Availability of funds. (f) Deduction for administration. 2305. Protection of employees. (a) Prohibition against discharge, discipline, or discrimination for filing complaint or instituting proceeding relating to violation of commercial motor vehicle safety rule, regulation, etc. (b) Prohibition against discharge, discipline, or discrimination for refusal to operate vehicle in violation of Federal rule, regulation, etc., or because of apprehension of serious injury due to unsafe condition; reasonable person standard. (c) Complaint for unlawful discharge, discipline, etc.; notification; investigation into merits of complaint; preliminary order for relief; objections to findings or order; hearing; final order; order of abatement, reinstatement, and damages; costs and expenses. (d) Judicial review of order; waiver. (e) Civil action to enforce order; relief granted. SUBCHAPTER II - LENGTH LIMITATION 2311. Length limitations on federally assisted highways. (a) Prohibition against certain length limitations on semitrailers and trailers. (b) Nonapplicability of limitations to truck tractors; prohibition against overall length limitations on truck-tractor semitrailer or truck tractor semitrailer, trailer combinations; prohibition against regulation of commerce prohibiting use of certain trailers and semitrailers. (c) Prohibition by State of maxi-cube vehicles or combination of truck tractor and two trailing units forbidden. (d) Establishment of rules and making of determinations by Secretary. (e) Designation of qualifying Federal-aid Primary System highways; time; enactment of final rules. (f) Definitions. (g) Effective date. (h) Exclusion of safety and energy conservation devices. (i) Exemption from length requirements. 2312. Access to the Interstate System. 2313. Enforcement. 2314. Splash and spray suppressant devices. (a) Congressional declaration of purpose. (b) Establishment of minimum standards with respect to performance and installation of devices; requirement that commercial motor vehicles be equipped with devices. (c) Definitions. 2315. Report regarding longer combination commercial motor vehicles. (a) Potential benefits and costs anticipated from establishment of National intercity truck route network for operation of longer combination commercial motor vehicles. (b) Definitions. (c) Contents of report. (d) Longer combination commercial motor vehicles subject to single- and tandem-axle weight limits; limitations on gross weight. (e) Access to terminals, combination breakup areas, and food and fuel facilities. 2316. Commercial motor vehicle width limitation. (a) State limitation of more or less than 102 inches on vehicle width prohibited. (b) Safety devices not included in calculation of width. (c) Special use permits. (d) State authority to enforce commercial vehicle width limitation of 102 inches. (e) Exemption from width requirements. (f) Effective date. ------DocID 56308 Document 126 of 127------ -CITE- 50 USC CHAPTER 32 -EXPCITE- TITLE 50 CHAPTER 32 -HEAD- CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM -MISC1- Sec. 1511. Reports to Congress. 1512. Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors. 1513. Deployment, storage, and disposal; notification to host country and Congress; international law violations; reports to Congress and international organizations. 1514. 'United States' defined. 1515. Suspension; Presidential authorization. 1516. Delivery systems. 1517. Immediate disposal when health or safety are endangered. 1518. Disposal; detoxification; report to Congress; emergencies. 1519. Lethal binary chemical munitions. 1519a. Limitation on procurement of binary chemical weapons. 1520. Use of human subjects for testing of chemical or biological agents by Department of Defense; accounting to Congressional committees with respect to experiments and studies; notification of local civilian officials. 1521. Destruction of existing stockpile of lethal chemical agents and munitions. (a) In general. (b) Date for completion. (c) Environmental protection and use of facilities. (d) Plan. (e) Management organization. (f) Identification of funds. (g) Annual report. (h) Prohibition on acquiring certain lethal chemical agents and munitions. (i) Reaffirmation of United States position on first use of chemical agents and munitions. (j) Definitions. (k) Operational verification. ------DocID 56398 Document 127 of 127------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 32 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 32. Return of property -STATUTE- (a) Conditions precedent The President, or such officer or agency as he may designate, may return any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the net proceeds thereof, whenever the President or such officer or agency shall determine - (1) that the person who has filed a notice of claim for return, in such form as the President or such officer or agency may prescribe, was the owner of such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian, or is the legal representative (whether or not appointed by a court in the United States), or successor in interest by inheritance, devise, bequest, or operation of law, of such owner; and (2) that such owner, and legal representative or successor in interest, if any, are not - (A) the Government of Germany, Japan, Bulgaria, Hungary, or Rumania; or (B) a corporation or association organized under the laws of such nation: Provided, That any property or interest or proceeds which, but for the provisions of this subdivision (B), might be returned under this section to any such corporation or association, may be returned to the owner or owners of all the stock of such corporation or of all the proprietary and beneficial interest in such association, if their ownership of such stock or proprietary and beneficial interest existed immediately prior to vesting in or transfer to the Alien Property Custodian and continuously thereafter to the date of such return (without regard to purported divestments or limitations of such ownership by any government referred to in subdivision (A) hereof) and if such ownership was by one or more citizens of the United States or by one or more corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia: Provided further, That such owner or owners shall succeed to those obligations limited in aggregate amount to the value of such property or interest or proceeds, which are lawfully assertible against the corporation or association by persons not ineligible to receive a return under this section; or (C) an individual voluntarily resident at any time since December 7, 1941, within the territory of such nation, other than a citizen of the United States or a diplomatic or consular officer of Italy or of any nation with which the United States has not at any time since December 7, 1941, been at war: Provided, That an individual who, while in the territory of a nation with which the United States has at any time since December 7, 1941, been at war, was deprived of life or substantially deprived of liberty pursuant to any law, decree, or regulation of such nation discriminating against political, racial, or religious groups, shall not be deemed to have voluntarily resided in such territory; or (D) an individual who was at any time after December 7, 1941, a citizen or subject of Germany, Japan, Bulgaria, Hungary, or Rumania, and who on or after December 7, 1941, and prior to the date of the enactment of this section (Mar. 8, 1946), was present (other than in the service of the United States) in the territory of such nation or in any territory occupied by the military or naval forces thereof or engaged in any business in any such territory: Provided, That notwithstanding the provisions of this subdivision (D) return may be made to an individual who, as a consequence of any law, decree, or regulation of the nation of which he was then a citizen or subject, discriminating against political, racial, or religious groups, has at no time between December 7, 1941, and the time when such law, decree, or regulation was abrogated, enjoyed full rights of citizenship under the law of such nation: And provided further, That, notwithstanding the provisions of subdivision (C) hereof and of this subdivision (D), return may be made to an individual who at all times since December 7, 1941, was a citizen of the United States, or to an individual who, having lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country, reacquired such citizenship prior to September 29, 1950, if such individual would have been a citizen of the United States at all times since December 7, 1941, but for such marriage: And provided further, That the aggregate book value of returns made pursuant to the foregoing proviso shall not exceed $9,000,000; and any return under such proviso may be made if the book value of any such return, taken together with the aggregate book value of returns already made under such proviso does not exceed $9,000,000; and for the purposes of this proviso the term 'book value' means the value, as of the time of vesting, entered on the books of the Alien Property Custodian for the purpose of accounting for the property or interest involved; or (E) a foreign corporation or association which at any time after December 7, 1941, was controlled or 50 per centum or more of the stock of which was owned by any person or persons ineligible to receive a return under subdivisions (A), (B), (C), or (D) hereof: Provided, That notwithstanding the provisions of this subdivision (E) return may be made to a corporation or association so controlled or owned, if such corporation or association was organized under the laws of a nation any of whose territory was occupied by the military or naval forces of any nation with which the United Stats has at any time since December 7, 1941, been at war, and if such control or ownership arose after March 1, 1938, as an incident to such occupation and was terminated prior to the enactment of this section (Mar. 8, 1946); and (3) that the property or interest claimed, or the net proceeds of which are claimed, was not at any time after September 1, 1939, held or used, by or with the assent of the person who was the owner thereof immediately prior to vesting in or transfer to the Alien Property Custodian, pursuant to any arrangement to conceal any property or interest within the United States of any person ineligible to receive a return under subsection (a)(2) hereof; (4) that the Alien Property Custodian has no actual or potential liability under the Renegotiation Act (section 1191 of this Appendix) or the Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Sec. 89 to 96), in respect of the property or interest or proceeds to be returned and that the claimant and his predecessor in interest, if any, have no actual or potential liability of any kind under the Renegotiation Act or the said Act of October 31, 1942; or in the alternative that the claimant has provided security or undertakings adequate to assure satisfaction of all such liabilities or that property or interest or proceeds to be retained by the Alien Property Custodian are adequate therefor; and (5) that such return is in the interest of the United States. (b) Extension of filing time limitation for redetermination of excessive profits Notwithstanding the limitation prescribed in the Renegotiation Act (section 1191 of this Appendix) upon the time within which petitions may be filed in The Tax Court of the United States, (FOOTNOTE 1) any person to whom any property or interest or proceeds are returned hereunder shall, for a period of ninety days (not counting Sunday or a legal holiday in the District of Columbia as the last day) following return, have the right to file such a petition for a redetermination in respect of any final order of the Renegotiation Board (FOOTNOTE 2) determining excessive profits, made against the Alien Property Custodian, or of any determination, not embodied in an agreement, of excessive profits, so made by or on behalf of a Secretary. (FOOTNOTE 1) See Change of Name note below. (FOOTNOTE 2) See Transfer of Functions note below. (c) Inventions Any person to whom any invention, whether patented or unpatented, or any right or interest therein is returned hereunder shall be bound by any notice or order issued or agreement made pursuant to the Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Sec. 89 to 96), in respect of such invention or right or interest, and such person to whom a licensor's interest is returned shall have all rights assertible by a licensor pursuant to section 2 of the said Act. (d) Rights and duties Except as otherwise provided herein, and except to the extent that the President or such officer or agency as he may designate may otherwise determine, any person to whom return is made hereunder shall have all rights, privileges, and obligations in respect to the property or interest returned or the proceeds of which are returned which would have existed if the property or interest had not vested in the Alien Property Custodian, but no cause of action shall accrue to such person in respect of any deduction or retention of any part of the property or interest or proceeds by the Alien Property Custodian for the purpose of paying taxes, costs, or expenses in connection with such property or interest or proceeds: Provided, That except as provided in subsections (b) and (c) hereof, no person to whom a return is made pursuant to this section, nor the successor in interest of such person, shall acquire or have any claim or right of action against the United States or any department, establishment or agency thereof, or corporation owned thereby, or against any person authorized or licensed by the United States, founded upon the retention, sale, or other disposition, or use, during the period it was vested in the Alien Property Custodian, of the returned property, interest, or proceeds. Any notice to the Alien Property Custodian in respect of any property or interest or proceeds shall constitute notice to the person to whom such property or interest or proceeds is returned and such person shall succeed to all burdens and obligations in respect of such property or interest or proceeds which accrued during the time of retention by the Alien Property Custodian, but the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the purpose of determining the application of any statute of limitations to the assertion of any rights by such person in respect of such property or interest or proceeds. (e) Legal proceeding unaffected No return hereunder shall bar the prosecution of any suit at law or in equity against a person to whom return has been made, to establish any right, title, or interest, which may exist or which may have existed at the time of vesting, in or to the property or interest returned, but no such suit may be prosecuted by any person ineligible to receive a return under subsection (a)(2) hereof. With respect to any such suit, the period during which the property or interest or proceeds returned were vested in the Alien Property Custodian shall not be included for the purpose of determining the application of any statute of limitations. (f) Notice of intention At least thirty days before making any return to any person other than a resident of the United States or a corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia, the President or such officer or agency as he may designate shall publish in the Federal Register a notice of intention to make such return, specifying therein the person to whom return is to be made and the place where the property or interest or proceeds to be returned are located. Publication of a notice of intention to return shall confer no right of action upon any person to compel the return of any such property or interest or proceeds, and such notice of intention to return may be revoked by appropriate notice in the Federal Register. After publication of such notice of intention and prior to revocation thereof, the property or interest or proceeds specified shall be subject to attachment at the suit of any citizen or resident of the United States or any corporation organized under the laws of the United States, or any State, Territory, or possession thereof, or the District of Columbia, in the same manner as property of the person to whom return is to be made: Provided, That notice of any writ of attachment which may issue prior to return shall be served upon the Alien Property Custodian. Any such attachment proceeding shall be subject to the provisions of law relating to limitation of actions applicable to actions at law in the jurisdiction in which such proceeding is brought, but the period during which the property or interest or proceeds were vested in the Alien Property Custodian shall not be included for the purpose of determining the period of limitation. No officer of any court shall take actual possession, without the consent of the Alien Property Custodian, of any property or interest or proceeds so attached, and publication of a notice of revocation of intention to return shall invalidate any attachment with respect to the specified property or interest or proceeds, but if there is no such revocation, the President or such officer or agency as he may designate shall accord full effect to any such attachment in returning any such property or interest or proceeds. (g) Payment of expenses of Custodian Without limitation by or upon any other existing provision of law with respect to the payment of expenses by the Alien Property Custodian, the Custodian may retain or recover from any property or interest or proceeds returned pursuant to this section or section 9(a) of this Act (section 9(a) of this Appendix) an amount not exceeding that expended or incurred by him for the conservation, preservation, or maintenance of such property or interest or proceeds, or other property or interest or proceeds returned to the same person. (h) Designation of successor organizations to receive heirless property; time for application; payment of funds: time, allocation, claims barred by acceptance and conditions The President may designate one or more organizations as successors in interest to deceased persons who, if alive, would be eligible to receive returns under the provisos of subdivision (C) or (D) of subsection (a)(2) thereof. (FOOTNOTE 3) In the case of any organization not so designated before the date of enactment of this amendment, such organization may be so designated only if it applies for such designation within three months after such date of enactment. (FOOTNOTE 3) So in original. Probably should be 'hereof.' The President, or such officer as he may designate, shall, before the expiration of the one-year period which begins on the date of enactment of this amendment, pay out of the War Claims Fund to organizations designated before or after the date of enactment of this amendment pursuant to this subsection the sum of $500,000. If there is more than one such designated organization, such sum shall be allocated among such organizations in the proportions in which the proceeds of heirless property were distributed, pursuant to agreements to which the United States was a party, by the Intergovernmental Committee for Refugees and successor organizations thereto. Acceptance of payment pursuant to this subsection by any such organization shall constitute a full and complete discharge of all claims filed by such organization pursuant to this section, as it existed before the date of enactment of this amendment. No payment may be made to any organization designated under this section unless it has given firm and responsible assurances approved by the President that (1) the payment will be used on the basis of need in the rehabilitation and settlement of persons in the United States who suffered substantial deprivation of liberty or failed to enjoy the full rights of citizenship within the meaning of subdivisions (C) and (D) of subsection (a)(2) of this section; (2) it will make to the President, with a copy to be furnished to the Congress, such reports (including a detailed annual report on the use of the payment made to it) and permit such examination of its books as the President, or such officer or agency as he may designate, may from time to time require; and (3) it will not use any part of such payment for legal fees, salaries, or other administrative expenses connected with the filing of claims for such payment or for the recovery of any property or interest under this section. As used in this subsection, 'organization' means only a nonprofit charitable corporation incorporated on or before January 1, 1950, under the laws of any State of the United States or of the District of Columbia with the power to sue and be sued. -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 32 as added Dec. 18, 1941, ch. 593, title III, Sec. 304, as added Mar. 8, 1946, ch. 83, Sec. 1, 60 Stat. 50, and amended Aug. 8, 1946, ch. 878, Sec. 2, 60 Stat. 930; Aug. 5, 1947, ch. 499, Sec. 2, 61 Stat. 784; Sept. 29, 1950, ch. 1108, Sec. 1, 64 Stat. 1080; Mar. 23, 1951, ch. 15, title II, Sec. 201(a), (b), 65 Stat. 23; June 6, 1952, ch. 372, 66 Stat. 129; Aug. 23, 1954, ch. 830, Sec. 1, 68 Stat. 767; Oct. 22, 1962, Pub. L. 87-846, title II, Sec. 204(a), 76 Stat. 1114.) -REFTEXT- REFERENCES IN TEXT The Renegotiation Act, referred to in subsecs. (a)(4) and (b), is act Apr. 28, 1942, ch. 247, title IV, Sec. 403, 56 Stat. 245, as amended, which enacted section 1191 of this Appendix, and which was omitted from the Code. Act of October 31, 1942 (56 Stat. 1013; 35 U.S.C. Sec. 89 to 96), referred to in subsecs. (a)(4) and (c), is act Oct. 31, 1942, ch. 634, 56 Stat. 1013, which enacted sections 89 to 96 of former Title 35, Patents, and which was omitted from the Code. Section 2 of said Act, referred to in subsec. (c), means section 2 of act Oct. 31, 1942, ch. 634, 56 Stat. 1013, which enacted section 90 of former Title 35, Patents, and which was omitted from the Code. Date of enactment of this amendment, referred to in subsec. (h), probably means date of enactment of Pub. L. 87-846, which was approved Oct. 22, 1962. -COD- CODIFICATION Section was formerly classified to section 619 of this Appendix. -MISC3- AMENDMENTS 1962 - Subsec. (h). Pub. L. 87-846 permitted application for designation as successor organization to be made within three months after Oct. 22, 1962, required payments in sum of $500,000 to be made from the War Claims Fund before expiration of one year from Oct. 22, 1962, provided for allocation of funds to multiple successor organizations and acceptance of payments as discharge of all claims, and eliminated provisions deeming a successor organization as successor in interest by operation of law, respecting time for making return to such organizations, limiting the return to $3,000,000, requiring filing of notice of claim before expiration of one year from Aug. 23, 1954, for transfer of property to eligible persons, and declaring that filing of notice of claim would not bar payment of debt claims under section 34 of this Appendix. 1954 - Subsec. (h). Act Aug. 23, 1954, added subsec. (h). 1952 - Subsec. (a)(2)(D). Act June 6, 1952, increased from $5,000,000 to $9,000,000 the limitation on amount of property which may be returned to nationals. 1950 - Subsec. (a)(2)(D). Act Sept. 29, 1950, clarified authority of Alien Property Custodian to return vested property to a person who possessed American citizenship at all times since Dec. 7, 1941, despite concurrent enemy citizenship and residence in enemy territory, and authorized return of vested property to American women who lost their citizenship solely because of marriage, and who have reacquired their citizenship prior to Sept. 29, 1950. 1947 - Subsec. (a)(2). Act Aug. 5, 1947, provided that returns shall not be made to any owner, legal representative, or successor in interest, of the Governments of Germany, Japan, Rumania, Bulgaria, or Hungary; or to corporations or associations organized under the laws of such countries; or to an individual voluntarily resident in such countries at any time since Dec. 7, 1941; or to an individual who was at any time after Dec. 7, 1941, a citizen or subject of such country and present in the territory of such nation. 1946 - Subsec. (a)(2)(C), (D). Act Aug. 8, 1946, inserted provisos in subdivs. (C) and (D). -CHANGE- CHANGE OF NAME Tax Court of the United States redesignated United States Tax Court pursuant to Pub. L. 91-172, title IX, Sec. 951, Dec. 30, 1969, 83 Stat. 730. See section 7441 of Title 26, Internal Revenue Code. -TRANS- TRANSFER OF FUNCTIONS War Contracts Price Adjustment Board abolished and powers, functions, and duties conferred upon Board by the Renegotiation Act, section 1191 of this Appendix, except those transferred to Administrator of General Services, transferred to Renegotiation Board by section 201(a), (b) of act Mar. 23, 1951, which was classified to section 1231(a), (b) of this Appendix. Renegotiation Board terminated and all property, including records, of Board transferred to Administrator of General Services on Mar. 31, 1979, pursuant to Pub. L. 95-431, title V, Sec. 501, Oct. 10, 1978, 92 Stat. 1043, and sections 1191 and 1231 of this Appendix were omitted from the Code. Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix. -MISC5- PURPOSE OF ACT AUGUST 5, 1947 Congress in enacting act Aug. 5, 1947, outlined the purpose of the act as follows: 'Whereas article 79 of the Treaty of Peace with Italy, signed at Paris on February 10, 1947, grants to the Allied and Associated Powers the right to seize and retain 'all property rights and interests which on the coming into force of the present treaty are within its territory and belong to Italy or to Italian nationals, and to apply such property or the proceeds thereof to such purposes as it may desire, within the limits of its claims and those of its nationals against Italy or Italian nationals, including debts, other than claims fully satisfied under other articles of the present treaty' and further provides that 'All Italian property, or the proceeds thereof, in excess of the amount of such claims, shall be returned'; and 'Whereas, pursuant to article 79 of the treaty of peace, negotiations have been entered into between the Governments of the United States and of Italy looking toward an agreement under which, upon the return of property, formerly Italian, in the United States, Italy will place at the disposal of the United States funds to be used in meeting certain claims of nationals of the United States; and 'Whereas, for the purpose of carrying out such agreement, it is desirable to authorize, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended (this section), return to Italy or citizens or subjects of Italy, or corporations or associations organized under the laws of Italy, of property vested in or transferred to the United States or its agencies; and 'Whereas, for the purpose of aiding the revival of the Italian economy and establishing it on a self-sustaining basis, it is desirable that there be returned or transferred to Italy those Italian vessels acquired by the United States after December 7, 1941, for use in the war effort and now owned by the United States and vessels of a total tonnage approximately equal to the tonnage of those Italian vessels seized by the United States after September 1, 1939, and lost while being employed in the United States war effort.' RETURN OF ITALIAN PROPERTY Section 1 of act Aug. 5, 1947, provided: 'That the President, or such officer or agency as he may designate, is hereby authorized to return, in accordance with the procedures provided for in section 32 of the Trading With the Enemy Act, as amended (this section), any property or interest, or the net proceeds thereof, which has been, since December 18, 1941, vested in or transferred to any officer or agency of the United States pursuant to the Trading With the Enemy Act, as amended (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix), and which immediately prior to such vesting or transfer was the property or interest of Italy or a citizen or subject of Italy, or a corporation or association organized under the laws of Italy.' TRANSFER OF VESSELS TO ITALIAN GOVERNMENT Section 4 of act Aug. 5, 1947, provided: 'The President is authorized upon such terms as he deems necessary (a) to transfer to the Government of Italy all vessels which were under Italian registry and flag on September 1, 1939, and were thereafter acquired by the United States and are now owned by the United States; and (b) with respect to any vessel under Italian registry and flag on September 1, 1939, and subsequently seized in United States ports and thereafter lost while being employed in the United States war effort, to transfer to the Government of Italy surplus merchant vessels of the United States of a total tonnage approximately equal to the total tonnage of the Italian vessels lost: Provided, That no monetary compensation shall be paid either for the use by the United States or its agencies of former Italian vessels so acquired or seized or for the return or transfer of such vessels or substitute vessels.' -EXEC- EXECUTIVE ORDER NO. 10587 Ex. Ord. No. 10587, Jan. 13, 1955, 20 F.R. 361, as amended by Ex. Ord. No. 11086, Feb. 26, 1963, 28 F.R. 1833, which designated the Jewish Restitution Successor Organization as successor in interest to deceased persons under subsec. (h) of this section and delegated to the Foreign Claims Settlement Commission the functions provided for in subsec. (h) of this section, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. -CROSS- CROSS REFERENCES Administration of President's power and authority by Alien Property Custodian, see note set out under section 20 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 33, 35, 36, 44 of this Appendix. ------End Document Listing------ Thank You For Using I-SEARCH.