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10 U.S.C. § 246 — Militia: composition and classes
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in [section 313 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section313&num=0&edition=prelim), under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
**(b)** The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
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Source location: Title 10, Chapter 12, § 246; chapter-012-the-militia.md
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**(a)** The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in [section 313 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section313&num=0&edition=prelim), under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
**(b)** The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Enter Into International Exchange Agreements.—**
(1) The Secretary of Defense may enter into international defense personnel exchange agreements. Any exchange of personnel under such an agreement is subject to paragraph (3).
(2) For purposes of this section, an international defense personnel exchange agreement is an agreement with the government of a friendly foreign country or international or regional security organization for the reciprocal or non-reciprocal exchange of—
(A) members of the armed forces and civilian personnel of the Department of Defense; and
(B) military and civilian personnel of the defense or security ministry of that foreign government or international or regional security organization.
(3) An exchange of personnel under an international defense personnel exchange agreement under this section may only be made with the concurrence of the Secretary of State to the extent the exchange is with either of the following:
(A) A non-defense security ministry of a foreign government.
(B) An international or regional security organization.
**(b) Assignment of Personnel.—**
(1) Pursuant to an international defense personnel exchange agreement, personnel of the defense ministry of a foreign government may be assigned to positions in the Department of Defense and personnel of the Department of Defense may be assigned to positions in the defense ministry of such foreign government. Positions to which exchanged personnel are assigned may include positions of instructors.
(2) An agreement for the exchange of personnel engaged in research and development activities may provide for assignment of Department of Defense personnel to positions in private industry that support the defense ministry of the host foreign government, subj
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 311
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Federal law — U.S. Code and appendices · legal_authorities
Page 336
TITLE 10—ARMED FORCES
§ 246
(Added Pub. L. 103–337, div. A, title XVI,
§ 1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2980, § 261; re-
numbered § 241, Pub. L. 114–328, div. A, title XII,
§ 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 renumbered section 261 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
CHAPTER 12—THE MILITIA
Sec.
246.
Militia: composition and classes.
247.
Militia duty: exemptions.
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328, div. A, title XII, § 1241(a)(1),
(o)(2), Dec. 23, 2016, 130 Stat. 2497, 2512, renumbered
chapter 13 of this title ‘‘THE MILITIA’’ as chapter 12,
redesignated item 311 ‘‘Militia: composition and class-
es’’ as item 246, and redesignated item 312 ‘‘Militia
duty: exemptions’’ as item 247.
§ 246. Militia: composition and classes
(a) The militia of the United States consists of
all able-bodied males at least 17 years of age
and, except as provided in section 313 of title 32,
under 45 years of age who are, or who have made
a declaration of intention to become, citizens of
the United States and of female citizens of the
United States who are members of the National
Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of
the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of
the members of the militia who are not mem-
bers of the National Guard or the Naval Mili-
tia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; Pub. L.
85–861, § 1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L.
103–160, div. A, t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 246
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