32 U.S.C. § 101 — Definitions

Page 2 TITLE 32—NATIONAL GUARD § 101 in part that: ‘‘Title 32 of the United States Code, enti- tled ‘National Guard’, is revised, codified, and enacted into law, and may be cited as ‘Title 32, United States Code, § —.’ ’’ REPEALS Act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this act, ‘‘except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this act [Aug. 10, 1956] and except as provided in section 49’’. SAVINGS AND SEVERABILITY PROVISIONS Act Aug. 10, 1956, ch. 1041, § 49, 70A Stat. 640, provided that: ‘‘(a) In sections 1–48 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after March 31, 1955, that are inconsistent with this Act shall be considered as su- perseding it to the extent of the inconsistency. ‘‘(b) References that other laws, regulations, and or- ders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1–48. ‘‘(c) Actions taken and offenses committed under the replaced law shall be considered to have been taken or committed under the corresponding provisions of sec- tions 1–48. ‘‘(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in ef- fect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli- cations. ‘‘(e) In chapter 47 of title 10, United States Code, en- acted by section 1 of this Act, no inference of a legisla- tive construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter. ‘‘(f) The enactment of this Act does not increase or decrease the pay or allowances, including retired pay and retainer pay, of any person. ‘‘(g) The enactment of this Act does not affect the status of persons who, on the effective date of this Act, have the status of warrant officer, of the Army Mine Planter Service.’’ RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Act Aug. 10, 1956, ch. 1041, § 50, 70A Stat. 640, provided that: ‘‘If on the effective date of this Act a provision of law that is restated in this Act and repealed by section 53 would have been in a suspended or temporarily su- perseded status but for its repeal, the provisions of this Act that restate that provision have the same sus- pended or temporarily superseded status.’’ IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 85–861; LEGISLATIVE PURPOSE; REPEAL OF INCON- SISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEVERABILITY PROVISIONS; STATUS; RE- PEALS Pub. L. 85–861, § 34, Sept. 2, 1958, 72 Stat. 1568, provided that: ‘‘(a) In sections 1–32 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after December 31, 1957, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. ‘‘(b) References that other laws, regulations, and or- ders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1–32. ‘‘(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1–32. ‘‘(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in ef- fect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli- cations. ‘‘(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired and retainer pay, of any person.’’ Pub. L. 85–861, § 35, Sept. 2, 1958, 72 Stat. 1568, provided that: ‘‘If on the effective date of this Act [Sept. 2, 1958] a provision of law that is restated in this Act and re- pealed by section 36 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status.’’ Pub. L. 85–861, § 36, Sept. 2, 1958, 72 Stat. 1568, repealed certain laws except with respect to rights and duties that matured, penalties that were incurred, and pro- ceedings that were begun, before Sept. 2, 1958. CHAPTER 1—ORGANIZATION Sec. 101. Definitions. 102. General policy. 103. Branches and organizations. 104. Units: location; organization; command. 105. Inspection. 106. Annual appropriations. 107. Availability of appropriations. 108. Forfeiture of Federal benefits. 109. Maintenance of other troops. 110. Regulations. 111. Suspension of certain provisions of this title. 112. Drug interdiction and counter-drug activi- ties. 113. Federal financial assistance for support of ad- ditional duties assigned to the Army Na- tional Guard. 114. Funeral honors functions at funerals for vet- erans. 115. Funeral honors duty performed as a Federal function. Editorial Notes AMENDMENTS 1999—Pub. L. 106–65, div. A, title V, § 578(k)(3)(B), Oct. 5, 1999, 113 Stat. 631, added items 114 and 115 and struck out former item 114 ‘‘Honor guard functions at funerals for veterans’’. 1997—Pub. L. 105–85, div. A, title III, § 386(b), title V, § 517(b), Nov. 18, 1997, 111 Stat. 1713, 1734, added items 113 and 114. 1989—Pub. L. 101–189, div. A, title XII, § 1207(a)(2), Nov. 29, 1989, 103 Stat. 1566, added item 112. 1971—Pub. L. 92–119, § 1(b), Aug. 13, 1971, 85 Stat. 340, substituted ‘‘Availability’’ for ‘‘Apportionment’’ in item 107. 1958—Pub. L. 85–861, § 2(4), Sept. 2, 1958, 72 Stat. 1543, added item 111. § 101. Definitions In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title: (1) For purposes of other laws relating to the militia, the National Guard, the Army Na- tional Guard of the United States, and the Air National Guard of the United States, the term ‘‘Territory’’ includes Guam and the Virgin Is- lands. (2) ‘‘Armed forces’’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (3) ‘‘National Guard’’ means the Army Na- tional Guard and the Air National Guard. (4) ‘‘Army National Guard’’ means that part of the organized militia of the several States Page 3 TITLE 32—NATIONAL GUARD § 101 and Territories, Puerto Rico, and the District of Columbia, active and inactive, that— (A) is a land force; (B) is trained, and has its officers ap- pointed, under the sixteenth clause of sec- tion 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (5) ‘‘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. (6) ‘‘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— (A) is an air force; (B) is trained, and has its officers ap- pointed, under the sixteenth clause of sec- tion 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (7) ‘‘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. (8) ‘‘Officer’’ means commissioned or war- rant officer. (9) ‘‘Enlisted member’’ means a person en- listed in, or inducted, called, or conscripted into, an armed force in an enlisted grade. (10) ‘‘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. (11) ‘‘Rank’’ means the order of precedence among members of the armed forces. (12) ‘‘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 serv- ice, at a school designated as a service school by law or by the Secretary of the military de- partment concerned. It does not include full- time National Guard duty. (13) ‘‘Supplies’’ includes material, equip- ment, and stores of all kinds. (14) ‘‘Shall’’ is used in an imperative sense. (15) ‘‘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. (16) ‘‘Includes’’ means ‘‘includes but is not limited to’’. (17) ‘‘Pay’’ includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. (18) ‘‘Spouse’’ means husband or wife, as the case may be. (19) ‘‘Full-time National Guard duty’’ means training or other duty, other than inactive duty, performed by a member of the Army Na- tional 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 Common- wealth of Puerto Rico, or the District of Co- lumbia 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 596; Pub. L. 85–861, § 2(1), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 86–70, § 27, June 25, 1959, 73 Stat. 148; Pub. L. 86–624, § 22, July 12, 1960, 74 Stat. 417; Pub. L. 92–492, § 2(a), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–513, title V, § 507(a), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 96–600, § 3(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 98–525, title IV, § 414(b)(1), Oct. 19, 1984, 98 Stat. 2519; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(1), Jan. 6, 2006, 119 Stat. 3441.) 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 pur- poses), 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 ref- erence, where applicable, to the Territories, Puerto Rico, and the Canal Zone. In clause (2), a definition of ‘‘National Guard’’ is in- serted for clarity. In clause (3)(A), the words ‘‘a land force’’ are sub- stituted 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 pro- vided 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 descrip- tion 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 sub- stituted 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 Page 4 TITLE 32—NATIONAL GUARD § 102 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 enlist- ment is not the only method of becoming a member in an enlisted grade. 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 AMENDMENTS 2006—Cl. (1). Pub. L. 109–163 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: ‘‘ ‘Terri- tory’ 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 mi- litia, 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 Vir- gin 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 includ- ing 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 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. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, 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, Jan. 10, 2013, 126 Stat. 2372, pro- vided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(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 de- fense of the community. ‘‘(3) In 1636, the Massachusetts General Court or- dered the organization of three militia regiments, designated as the North, South, and East regiments. ‘‘(4) These regiments drilled once a week and pro- vided 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 Na- tional Guard continues its historic mission of pro- viding units for the first line defense of the United States and current missions throughout the world. ‘‘(8) The designation of the City of Salem, Massa- chusetts, as the Birthplace of the National Guard of the United States will contribute positively to tour- ism and economic development in the city, create jobs, and instill pride in both the local and State communities. ‘‘(b) DESIGNATION OF SALEM, MASSACHUSETTS, AS NA- TIONAL GUARD BIRTHPLACE.—In light of the findings made in subsection (a), the City of Salem, Massachu- setts, is hereby designated as the Birthplace of the Na- tional 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 recogni- tion placed in Salem, Massachusetts, celebrating the designation of Salem, Massachusetts, as the Birth- place 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 rec- ognition 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 Mas- sachusetts may accept and expend contributions of non-Federal funds for this purpose.’’ § 102. General policy In accordance with the traditional military policy of the United States, it is essential that the strength and organization of the Army Na- tional Guard and the Air National Guard as an integral part of the first line defenses of the United States be maintained and assured at all times. Whenever Congress determines that more units and organizations are needed for the na-