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32 U.S.C. § 303 — Active and inactive enlistments and transfers

Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 303 — Active and inactive enlistments and transfers

**(a)** Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years. **(b)** Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be. **(c)** In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard. **(d)** (1) Under regulations prescribed by the Secretary of the Army— (A) an officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; and (B) an officer of the Army National Guard transferred to the inactive Army National Guard pursuant to subparagraph (A) ma

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Stable record: federal_law:legal_authorities:record_usc_b5636461bce006b21d20634e
Source file: Laws/federal/codes/united-states-code/title-32/section-303-active-and-inactive-enlistments-and-transfers--1769d7c835.md
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Passage SHA-256: 6356d3eed1d07cc77aee3d602cfe43a21a6e5258d88583adc7d3ed776db67053

Source location: Title 32, Chapter 3, § 303; chapter-003-personnel.md

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**(a)** Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years. **(b)** Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be. **(c)** In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard. **(d)** (1) Under regulations prescribed by the Secretary of the Army— (A) an officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; and (B) an officer of the Army National Guard transferred to the inactive Army National Guard pursuant to subparagraph (A) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. (2) Under regulations prescribed by the Secretary of the Air Force— (A) an officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard; and (B) an officer of the Air National Guard transferred to the inactive Air National Guard pursuant to subparagraph (A) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 101 — Definitions

In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title: (1) (A) The term “United States”, in a geographic sense, means the States and the District of Columbia. (B) The term “continental United States” means the 48 contiguous States and the District of Columbia. (2) The term “possessions” includes Guam, American Samoa, and the guano islands. (3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard. (5) The term “Secretary concerned” means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and (F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service. (6) The term “National Guard” means the Army National Guard and the Air National Guard. (7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that— (A) is a land force; (B)

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 301 — Incentive pay: hazardous duty

**(a)** Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty— (1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under [section 301a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301a&num=0&edition=prelim); (2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1); (3) involving parachute jumping as an essential part of military duty; (4) involving the demolition of explosives as a primary duty, including training for that duty; (5) inside a high- or low-pressure chamber; (6) as a human acceleration or deceleration experimental subject; (7) as a human test subject in thermal stress experiments; (8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; (9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; (10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); (11) involving regular participation as a member of a

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 304 — Enlistment oath

Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 303 — Active and inactive enlistments and trans-

Page 18 TITLE 32—NATIONAL GUARD § 303 (c) Enlistments or reenlistments in the Na- tional Guard may be extended— (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or (2) by proclamation of the President, if Con- gress declares an emergency, until six months after termination of that emergency. (Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–378, § 5(1), Oct. 4, 1961, 75 Stat. 808.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 302 .......... 32:124. June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under ‘‘National Guard’’); re- stated June 4, 1920, ch. 227, subch. I, § 37; re- stated June 6, 1924, ch. 275, § 4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806(a), 66 Stat. 506. 32:124 (1st proviso) is omitted as executed. The word ‘‘reenlistments’’ is substituted for the words ‘‘subse- quent enlistments’’. Editorial Notes AMENDMENTS 1961—Pub. L. 87–378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, author- ized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlist- ments or reenlistments at the request of the member for any period not less than six months after termi- nation of the emergency. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–378, § 6, Oct. 4, 1961, 75 Stat. 808, provided that: ‘‘The amendments made by sections 3, 4, and 5 of this Act [amending this section and sections 3261 and 8261 of Title 10, Armed Forces]

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