Title 32 — National Guard
Chapter 1 — Organization
§ 101. Definitions
Statutory text
In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:
For purposes of 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 term “Territory” includes Guam and the Virgin Islands.
“Armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
“National Guard” means the Army National Guard and the Air National Guard.
“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—
is a land force;
is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
is organized, armed, and equipped wholly or partly at Federal expense; and
is federally recognized.
“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.
“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—
is an air force;
is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution;
is organized, armed, and equipped wholly or partly at Federal expense; and
is federally recognized.
“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.
“Officer” means commissioned or warrant officer.
“Enlisted member” means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade.
“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.
“Rank” means the order of precedence among members of the armed forces.
“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.
“Supplies” includes material, equipment, and stores of all kinds.
“Shall” is used in an imperative sense.
“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.
“Includes” means “includes but is not limited to”.
“Pay” includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
“Spouse” means husband or wife, as the case may be.
“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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 596 · 70A Stat. 596
Enacted · 32 U.S.C. § 101
Aug. 10, 1956, ch. 1041, 70A Stat. 596
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 596Pub. L. 85–861 § 2(1) · 72 Stat. 1437
Added · 32 U.S.C. § 101
Pub. L. 85–861 added cls. (2) and (18) and renumbered former cls. (2) to (16) as (3) to (17), respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) Section 101 is amended— 70A Stat. 596. 32 USC 101. (A) by redesignating clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses “(3)”, “(4)”. “(5)”, “(6)”, “(7)”, “(8)”, “(9)”, “(10)”, “(11)”, “(12)”, “(13)”, “(14)”, “(15)”, “(16)”, and “(17)”, respectively; (B) by inserting the following clause after clause (1): “(2) ‘Armed forces’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard.”; and (C) by adding the following clause at the end thereof: “(18) ‘Spouse’ means husband or wife, as the case may be.”Alaska Omnibus Act
Pub. L. 86–70 § 27 · 73 Stat. 141
Struck · 32 U.S.C. § 101
Pub. L. 86–70 struck out reference to Alaska
Source evidence
Code amendment note
Cl. (1). Pub. L. 86–70 struck out reference to Alaska.Enacted provision · exact public law section
Sec. 27. national guard Title 32, United States Code, section 101(1), is amended 70A Stat. 596. by striking out the words “Alaska, Hawaii,” and inserting in lieu thereof the word “Hawaii”.Hawaii Omnibus Act
Pub. L. 86–624 § 22 · 74 Stat. 411
Struck · 32 U.S.C. § 101
Pub. L. 86–624 struck out reference to Hawaii
Source evidence
Code amendment note
Cl. (1). Pub. L. 86–624 struck out reference to Hawaii.Enacted provision · exact public law section
Sec. 22. national guard Title 32, United States Code, section 101(1), is amended by 70A Stat. 596. striking out the words “Hawaii or”.Pub. L. 92–492 § 2(a) · 86 Stat. 810
Inserted · 32 U.S.C. § 101
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Section 101(1) of title 32, United States Code, is amended by adding the following new sentence at the end: “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 the Virgin Islands.”Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 507(a) · 94 Stat. 2835
Struck · 32 U.S.C. § 101
Pub. L. 96–513 struck out “duty on the active list,” after “Federal duty as”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Cl. (12). Pub. L. 96–513 struck out “duty on the active list,” after “Federal duty as”.Enacted provision · exact public law section
(a) Section 101(12) of title 32, United States Code, is amended by striking out “duty on the active list,”.Effective date note
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.Pub. L. 96–600 § 3(a) · 94 Stat. 3493
Inserted · 32 U.S.C. § 101
Pub. L. 96–600 inserted reference to Guam
Source evidence
Code amendment note
Cl. (1). Pub. L. 96–600 inserted reference to Guam.Enacted provision · exact public law section
(a) Section 101(1) of title 32, United States Code, relating to 32 USC 101. the definition of the term “Territory”, is amended by inserting “Guam and” before “the Virgin Islands”.Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 414(b)(1)(A) · 98 Stat. 2492
Inserted · 32 U.S.C. § 101
Pub. L. 98–525, § 414(b)(1)(A), inserted at end “It does not include full-time National Guard duty.”
Source evidence
Code amendment note
Cl. (12). Pub. L. 98–525, § 414(b)(1)(A), inserted at end “It does not include full-time National Guard duty.”Enacted provision · exact public law section
(A) by adding at the end of paragraph (12) the following new sentence: “It does not include full-time National Guard duty.”; andDepartment of Defense Authorization Act, 1985
Pub. L. 98–525 § 414(b)(1)(B) · 98 Stat. 2492
Added · 32 U.S.C. § 101
Pub. L. 98–525, § 414(b)(1)(B), added cl. (19)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Cl. (19). Pub. L. 98–525, § 414(b)(1)(B), added cl. (19).Enacted provision · exact public law section
(B) by adding at the end thereof the following new paragraph: “(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 32 USC 316, 502–505. entitled to pay from the United States or for which the member has waived pay from the United States.”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1234(b)(1) · 102 Stat. 1918
Struck · 32 U.S.C. § 101
Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”
Source evidence
Code amendment note
Cls. (4), (6). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.Enacted provision · exact public law section
(1) Sections 101(4), 101(6), 103, 104(c), 104(d), 107(b), 109, 304, 314(a), 314(d), 315(a), 315(b), 333, 501(b), 503(b), 504(b), 702(b), 702(c), 702(d), 703, 704, 708(d), 710, 711 and 712 are each amended by striking out “the Canal Zone,”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title X § 1057(b)(1) · 119 Stat. 3136
Amended · 32 U.S.C. § 101
Pub. L. 109–163 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “ ‘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.”
Source evidence
Code amendment note
Cl. (1). Pub. L. 109–163 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “ ‘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.”Enacted provision · exact public law section
(1) Paragraph (1) of section 101 is amended to read as follows: “(1) For purposes of 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 term ‘Territory’ includes Guam and the Virgin Islands.” .
10 of 11 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 101(1)101(2)101(3) | 32:4c (1st 33 words).[No source].32:2.32:4b. | June 3, 1916, ch. 134, § 62 (1st 36 words of last proviso), 39 Stat. 198. |
| 101(4) | 50:1112(a) (for definition purposes). | June 3, 1916, ch. 134, § 117, 39 Stat. 212. |
| 101(5) 101(6) 101(7)101(8)101(9)101(10)101(11)101(12)101(13)101(14)101(15)101(16) | 10:1835 (less last 16 words).32:2.32:4b.50:1112(b) (for definition purposes).[No source].[No source].[No source].[No source].[No source].[No source].[No source].[No source].[No source].[No source]. | June 3, 1916, ch. 134, § 71; added June 15, 1933, ch. 87, § 9, 48 Stat. 157; Oct. 12, 1949, ch. 681, § 530, 63 Stat. 837; July 9, 1952, ch. 608, § 803 (9th par.), 66 Stat. 505.July 9, 1952, ch. 608, § 702 (for definition purposes), 66 Stat. 501.Sept. 19, 1951, ch. 407, § 305 (less last 16 words), 65 Stat. 330. |
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, § 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, § 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.
historicalAndRevision
| 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.
Editorial Notes
Amendments1958–2006 · 8 rounds
2006
Cl. (1). Pub. L. 109–163 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “ ‘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.”
1988
Cls. (4), (6). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
1984
Cl. (12). Pub. L. 98–525, § 414(b)(1)(A), inserted at end “It does not include full-time National Guard duty.”
Cl. (19). Pub. L. 98–525, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(a) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Official Designation of Salem, Massachusetts, as Birthplace of the National Guard of the United States
Pub. L. 112–241, § 1, , 126 Stat. 2372, provided that:
“(a) Findings.—
Congress makes the following findings:
“(1) In 1629, Captain John Endicott organized the first militia in the Massachusetts Bay Colony in Salem.
“(2) The colonists had adopted the English militia system, which required all males between the ages of 16 and 60 to possess arms and participate in the defense of the community.
“(3) In 1636, the Massachusetts General Court ordered the organization of three militia regiments, designated as the North, South, and East regiments.
“(4) These regiments drilled once a week and provided guard details each evening to sound the alarm in case of attack.
“(5) The East Regiment, the predecessor of the 101st Engineer Battalion, assembled as a regiment for the first time in 1637 on the Salem Common, marking the beginning of the Massachusetts National Guard and the National Guard of the United States.
“(6) Since 1785, Salem’s own Second Corps of Cadets (101st and 102nd Field Artillery) has celebrated the anniversary of that first muster.
“(7) As the policy contained in section 102 of title 32, United States Code, clearly expresses, the National Guard continues its historic mission of providing units for the first line defense of the United States and current missions throughout the world.
“(8) The designation of the City of Salem, Massachusetts, as the Birthplace of the National Guard of the United States will contribute positively to tourism and economic development in the city, create jobs, and instill pride in both the local and State communities.
“(b) Designation of Salem, Massachusetts, as National Guard Birthplace.—
In light of the findings made in subsection (a), the City of Salem, Massachusetts, is hereby designated as the Birthplace of the National Guard of the United States.
“(c) Responsibilities.—
“(1) Military ceremonial support.—
The Chief of the National Guard Bureau, in conjunction with the Secretary of the Army, the Secretary of the Air Force, the Council of Governors, and the Adjutant General of the State of Massachusetts, shall provide military ceremonial support at the dedication of any monument, plaque, or other form of official recognition placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birthplace of the National Guard of the United States.
“(2) Funding source.—
Federal funds may not be used to design, procure, prepare, install, or maintain any monument, plaque, or other form of official recognition placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birthplace of the National Guard of the United States, but the Adjutant General of the State of Massachusetts may accept and expend contributions of non-Federal funds for this purpose.”
Credits
1956–2006 · 10 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 596
- 1958Pub. L. 85–861, § 2(1), , 72 Stat. 1542
- 1959Pub. L. 86–70, § 27, , 73 Stat. 148
- 1960Pub. L. 86–624, § 22, , 74 Stat. 417
- 1972Pub. L. 92–492, § 2(a), , 86 Stat. 810
- 1980Pub. L. 96–513, title V, § 507(a), , 94 Stat. 2919
- 1980Pub. L. 96–600, § 3(a), , 94 Stat. 3493
- 1984Pub. L. 98–525, title IV, § 414(b)(1), , 98 Stat. 2519
- 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059
- 2006Pub. L. 109–163, div. A, title X, § 1057(b)(1), , 119 Stat. 3441.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 596; Pub. L. 85–861, § 2(1), , 72 Stat. 1542; Pub. L. 86–70, § 27, , 73 Stat. 148; Pub. L. 86–624, § 22, , 74 Stat. 417; Pub. L. 92–492, § 2(a), , 86 Stat. 810; Pub. L. 96–513, title V, § 507(a), , 94 Stat. 2919; Pub. L. 96–600, § 3(a), , 94 Stat. 3493; Pub. L. 98–525, title IV, § 414(b)(1), , 98 Stat. 2519; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(1), , 119 Stat. 3441.)