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Title 32 — National Guard

Chapter 1 — Organization

§ 109. Maintenance of other troops

Statutory text

(a)

In time of peace, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands 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.

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.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 600 · 70A Stat. 600

    Enacted · 32 U.S.C. § 109

    Aug. 10, 1956, ch. 1041, 70A Stat. 600

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 600

  2. Pub. L. 85–861 § 2(2)(A) · 72 Stat. 1437

    Substituted · 32 U.S.C. § 109(a); 32 U.S.C. § 109(b)

    Pub. L. 85–861, § 2(2)(A), substituted “defense forces authorized by subsection (c)” for “State defense forces”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 85–861, § 2(2)(A), substituted “defense forces authorized by subsection (c)” for “State defense forces”.

    Enacted provision · exact public law section
    (A) by striking out the words “State defense forces” in subsections (a) and (b) and inserting the following in place thereof: “defense forces authorized by subsection (c) , and

  3. Pub. L. 85–861 § 2(2)(B) · 72 Stat. 1437

    Added · 32 U.S.C. § 109(c)(e)

    Pub. L. 85–861, § 2(2)(B), added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 85–861, § 2(2)(B), added subsecs. (c) to (e).

    Enacted provision · exact public law section
    (B) by adding the following new subsections: “(c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, 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.”

  4. 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. § 109(a)(c)

    Pub. L. 100–456 struck out “the Canal Zone,” after “Virgin Islands,”

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 100–456 struck out “the Canal Zone,” after “Virgin Islands,”.

    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,”.

  5. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1057(b)(3) · 119 Stat. 3136

    1. Amended · 32 U.S.C. § 109(a)(c)

      Pub. L. 109–163, § 1057(b)(3), as amended by Pub. L. 111–383

    2. Substituted · 32 U.S.C. § 109(a)(c)

      Pub. L. 109–163, § 1057(b)(3), as substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia”

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 109–163, § 1057(b)(3), as amended by Pub. L. 111–383, substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia”.

    Enacted provision · exact public law section
    (3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712 are amended by striking “State or Territory, Puerto Rico, or the District of Columbia” and “State or Territory, Puerto Rico, the Virgin Islands or the District of Columbia” each place they appear and inserting “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(B) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

  6. Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title X § 1075(h)(4)(B) · 124 Stat. 4137

    Amended · 32 U.S.C. § 109(a)(c)

    Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(3). See 2006 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(3). See 2006 Amendment note below.

    Enacted provision · exact public law section
    (B) in subsection (b)(3)— (i) by striking “109,”; and (ii) by adding at the end the following new sentence: “Section 109 is amended by striking ‘State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia’ each place it appears and inserting ‘State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands’ ”; and

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(B) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
109(a)   109(b)32:194(a) (1st sentence).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)).June 3, 1916, ch. 134, § 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.

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”.

historicalAndRevision
1958 Act
Section of title 32Source (U.S. Code)Source (Statutes at Large)
109(c)32 App.:194(b) (less 4th and last sentences).Aug. 11, 1955, ch. 802, 69 Stat. 686.
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.

Editorial Notes

Amendments1958–2011 · 4 rounds

2011

Subsecs. (a) to (c). Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(3). See 2006 Amendment note below.

2006

Subsecs. (a) to (c). Pub. L. 109–163, § 1057(b)(3), as amended by Pub. L. 111–383, substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia”.

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, § 2(2)(A), substituted “defense forces authorized by subsection (c)” for “State defense forces”.

Subsecs. (c) to (e). Pub. L. 85–861, § 2(2)(B), added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title X, § 1075(h), , 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(B) is effective as of , and as if included in Pub. L. 109–163 as enacted.

Credits

1956–2011 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 600
  2. 1958Pub. L. 85–861, § 2(2), , 72 Stat. 1542
  3. 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059
  4. 2006Pub. L. 109–163, div. A, title X, § 1057(b)(3), , 119 Stat. 3441
  5. 2011Pub. L. 111–383, div. A, title X, § 1075(h)(4)(B), , 124 Stat. 4377.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 85–861, § 2(2), , 72 Stat. 1542; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), , 119 Stat. 3441; Pub. L. 111–383, div. A, title X, § 1075(h)(4)(B), , 124 Stat. 4377.)

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