Page:United States Statutes at Large Volume 111 Part 2.djvu/833

 PUBLIC LAW 105-85 —NOV. 18, 1997 111 STAT. 1913 under subsection (f) or (g) of section 158 of such Act (42 U.S.C. 12618). "(g) PROGRAM PERSONNEL.— (1) Personnel of the National Guard of a State in which the National Guard Challenge Program is conducted may serve on full-time National Guard duty for the purpose of providing command, administrative, training, or supporting services for the program. For the performance of those services, any such personnel may be ordered to duty under section 502(f) of this title for not longer than the period of the program. "(2) A Governor participating in the National Guard Challenge Program and the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the program) may procure by contract the temporary full time services of such civilian personnel as may be necessary to augment National Guard personnel in carrying out the National Guard Challenge Program in that State. "(3) Civilian employees of the National Guard performing services for the National Guard Challenge Program and contractor personnel performing such services may be required, when appropriate to achieve the purposes of the program, to be members of the National Guard and to wear the military uniform. "(h) EQUIPMENT AND FACILITIES. — (1) Equipment and facilities of the National Guard, including military property of the United States issued to the National Guard, may be used in carrying out the National Guard Challenge Program. "(2) Activities under the National Guard Challenge Program shall be considered noncombat activities of the National Guard for purposes of section 710 of this title. "(i) STATUS OF PARTICIPANTS. —(1) A person receiving training under the National Guard Challenge Program shall be considered an employee of the United States for the purposes of the following provisions of law: "(A) Subchapter I of chapter 81 of title 5 (relating to compensation of Federal employees for work injuries). "(B) Section 1346(b) and chapter 171 of title 28 and any other provision of law relating to the liability of the United States for tortious conduct of employees of the United States. "(2) In the application of the provisions of law referred to in paragraph (1)(A) to a person referred to in paragraph (1)— "(A) the person shall not be considered to be in the performance of duty while the person is not at the assigned location of training or other activity or duty authorized in accordance with a program agreement referred to in subsection (c), except when the person is traveling to or from that location or is on pass from that training or other activity or duty; "(B) the person's monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS-2 of the General Schedule under section 5332 of title 5; and "(C) the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the person's participation in the National Guard Challenge Program is terminated. "(3) A person referred to in paragraph (1) may not be considered an employee of the United States for any purpose other than a purpose set forth in that paragraph. "(j) SUPPLEMENTAL RESOURCES. —TO carry out the National Guard Challenge Program in a State, the Governor of the State 39-194O-97-27:QL3Part2

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