32 U.S.C. § 102 — General policy

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- Page 5 TITLE 32—NATIONAL GUARD § 104 tional security than are in the regular compo- nents of the ground and air forces, the Army Na- tional Guard of the United States and the Air National Guard of the United States, or such parts of them as are needed, together with such units of other reserve components as are nec- essary for a balanced force, shall be ordered to active Federal duty and retained as long as so needed. (Aug. 10, 1956, ch. 1041, 70A Stat. 597.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 102 .......... 50:921(b). July 9, 1952, ch. 608, § 201(b), 66 Stat. 482. The words ‘‘The Congress further declares * * * as ex- pressed in the National Defense Act of 1916 as amend- ed’’ and ‘‘It is the intent of Congress that’’ are omitted as surplusage. The words ‘‘United States’’ are sub- stituted for the words ‘‘our’’ and ‘‘this Nation’’. The words ‘‘more * * * than are in’’ are substituted for the words ‘‘in excess of those’’. The words ‘‘Federal duty’’ are substituted for the words ‘‘military service of the United States’’. The words ‘‘as long as so needed’’ are substituted for the words ‘‘so long as such necessity ex- ists’’. § 103. Branches and organizations The Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands in- cludes such members of the staff corps cor- responding to the staff corps of the Army as the Secretary of the Army may authorize. (Aug. 10, 1956, ch. 1041, 70A Stat. 597; 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)(2), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 103 .......... 32:9. July 9, 1918, ch. 143 (pro- viso of 13th par. under ‘‘National Guard’’), 40 Stat. 875. The word ‘‘members’’ is substituted for the words ‘‘officers and enlisted men’’. The word ‘‘Regular’’ is omitted, since the organization is now prescribed for the Army, and the Regular Army is only a personnel category. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘State, the Com- monwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands’’ for ‘‘State and Terri- tory, Puerto Rico, and the District of Columbia’’. 1988—Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. § 104. Units: location; organization; command (a) Each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands may fix the location of the units and headquarters of its Na- tional Guard. (b) Except as otherwise specifically provided in this title, the organization of the Army Na- tional Guard and the composition of its units shall be the same as those prescribed for the Army, subject, in time of peace, to such general exceptions as the Secretary of the Army may authorize; and the organization of the Air Na- tional Guard and the composition of its units shall be the same as those prescribed for the Air Force, subject, in time of peace, to such general exceptions as the Secretary of the Air Force may authorize. (c) To secure a force the units of which when combined will form complete higher tactical units, the President may designate the units of the National Guard, by branch of the Army or organization of the Air Force, to be maintained in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. However, no change in the branch, organization, or allotment of a unit lo- cated entirely within a State may be made with- out the approval of its governor. (d) To maintain appropriate organization and to assist in training and instruction, the Presi- dent may assign the National Guard to divi- sions, wings, and other tactical units, and may detail commissioned officers of the National Guard or of the Regular Army or the Regular Air Force, as the case may be, to command those units. However, the commanding officer of a unit organized wholly within a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may not be displaced under this subsection. (e) To insure prompt mobilization of the Na- tional Guard in time of war or other emergency, the President may, in time of peace, detail a commissioned officer of the Regular Army to perform the duties of chief of staff for each fully organized division of the Army National Guard, and a commissioned officer of the Regular Air Force to perform the duties of the corresponding position for each fully organized wing of the Air National Guard. (f) Unless the President consents— (1) an organization of the National Guard whose members have received compensation from the United States as members of the Na- tional Guard may not be disbanded; and (2) the actual strength of such an organiza- tion in commissioned officers or enlisted members may not be reduced below the min- imum strength prescribed by the President. (Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (2), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2)–(4), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 104(a) ...... 104(b) ...... 104(c) ...... 32:6. 32:5 (1st sentence). 32:5 (less 1st sentence). June 3, 1916, ch. 134, §§ 64, 65 (proviso), 68, 39 Stat. 198–200. 104(d) ...... 104(e) ...... 104(f) ....... 32:8. 32:10 (proviso). 32:16. June 3, 1916, ch. 134, § 60; June 4, 1920, ch. 227 subch. I, § 36; restated June 15, 1933, ch. 87, § 6, 48 Stat. 156. In subsection (a), the words ‘‘within their respective borders’’ are omitted as surplusage. In subsection (b), the word ‘‘Army’’ is substituted for the words ‘‘Regular Army’’, since the Army is the cat- egory for which the organization is prescribed, and the