§ 509. National Guard Youth Challenge Program of opportunities for civilian youth
(a)
Program Authority and Purpose.—
The Secretary of Defense may use the National Guard to conduct a civilian youth opportunities program, to be known as the “National Guard Youth Challenge Program”, which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The Program shall seek to improve life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills, and improving physical fitness and health and hygiene.
(b)
Conduct of the Program.—
(1)
The Secretary of Defense shall provide for the conduct of the Program in such States as the Secretary considers to be appropriate.
(2)
The Secretary shall carry out the Program using—
(3)
Federal funds made available or transferred to the Secretary of Defense under paragraph (2)(B) by other Federal agencies to support the Program may be expended for the Program in excess of the fiscal year limitation specified in paragraph (2)(A).
(4)
The Secretary of Defense shall remain the executive agent to carry out the Program regardless of the source of funds for the Program or any transfer of jurisdiction over the Program within the executive branch. As provided in subsection (a), the Secretary may use the National Guard to conduct the Program.
(c)
Program Agreements.—
(1)
To carry out the Program in a State, the Secretary of Defense shall enter into an agreement with the Governor of the State or, in the case of the District of Columbia, with the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general will establish, organize, and administer the Program in the State.
(d)
Matching Funds Required.—
(e)
Persons Eligible To Participate in Program.—
A school dropout from secondary school shall be eligible to participate in the Program. The Secretary of Defense shall prescribe the standards and procedures for selecting participants from among school dropouts.
(f)
Authorized Benefits for Participants.—
(1)
To the extent provided in an agreement entered into in accordance with subsection (c) and subject to the approval of the Secretary of Defense, a person selected for training in the Program may receive the following benefits in connection with that training:
(2)
In the case of a person selected for training in the Program who afterwards becomes a member of the Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the person may not receive a temporary stipend under paragraph (1)(I) while the person is a member of that Corps. The person may receive the temporary stipend after completing service in the Corps unless the person elects to receive benefits provided under subsection (f) or (g) of section
158 of such Act (42 U.S.C. 12618).
(g)
Program Personnel.—
(1)
Personnel of the National Guard of a State in which the Program is conducted may serve on full-time National Guard duty for the purpose of providing command, administrative, training, or supporting services for the Program. For the performance of those services, any such personnel may be ordered to duty under section
502
(f) of this title for not longer than the period of the Program.
(2)
A Governor participating in the Program and the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the Program) may procure by contract the temporary full time services of such civilian personnel as may be necessary to augment National Guard personnel in carrying out the Program in that State.
(h)
Equipment and Facilities.—
(1)
Equipment and facilities of the National Guard, including military property of the United States issued to the National Guard, may be used in carrying out the Program.
(2)
Activities under the Program shall be considered noncombat activities of the National Guard for purposes of section
710 of this title.
(i)
Status of Participants.—
(1)
A person receiving training under the Program shall be considered an employee of the United States for the purposes of the following provisions of law:
(2)
In the application of the provisions of law referred to in paragraph (1)(A) to a person referred to in paragraph (1)—
(A)
the person shall not be considered to be in the performance of duty while the person is not at the assigned location of training or other activity or duty authorized in accordance with a Program agreement referred to in subsection (c), except when the person is traveling to or from that location or is on pass from that training or other activity or duty;
(j)
Supplemental Resources.—
To carry out the Program in a State, the Governor of the State or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard may supplement funds made available under the Program out of other resources (including gifts) available to the Governor or the commanding general. The Governor or the commanding general may accept, use, and dispose of gifts or donations of money, other property, or services for the Program.
(k)
Report.—
Within 90 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress a report on the design, conduct, and effectiveness of the Program during the preceding fiscal year. In preparing the report, the Secretary shall coordinate with the Governor of each State in which the Program is carried out and, if the Program is carried out in the District of Columbia, with the commanding general of the District of Columbia National Guard.
(l)
Definitions.—
In this section:
(1)
The term “State” includes the Commonwealth of Puerto Rico, the territories, and the District of Columbia.
(m)
Regulations.—
The Secretary of Defense shall prescribe regulations to carry out the Program. The regulations shall address at a minimum the following:
(4)
The status of National Guard personnel assigned to duty in support of the Program under subsection (g).