§ 101. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC101]
TITLE 32--NATIONAL GUARD
CHAPTER 1--ORGANIZATION
Sec. 101. Definitions
In addition to the definitions in sections 1-5 of title 1, the
following definitions apply in this title:
(1) ``Territory'' 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 militia, 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 Virgin Islands.
(2) ``Armed forces'' means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
(3) ``National Guard'' means the Army National Guard and the Air
National Guard.
(4) ``Army 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 a land force;
(B) is trained, and has its officers appointed, under the
sixteenth clause of section 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 appointed, under the
sixteenth clause of section 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 warrant officer.
(9) ``Enlisted member'' means a person enlisted 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 service, at a school designated as a service
school by law or by the Secretary of the military department
concerned. It does not include full-time National Guard duty.
(13) ``Supplies'' includes material, equipment, 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
National 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 Commonwealth of Puerto Rico, or
the District of Columbia 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, Sec. 2(1),
Sept. 2, 1958, 72 Stat. 1542; Pub. L. 86-70, Sec. 27, June 25, 1959, 73
Stat. 148; Pub. L. 86-624, Sec. 22, July 12, 1960, 74 Stat. 417; Pub. L.
92-492, Sec. 2(a), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96-513, title V,
Sec. 507(a), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 96-600, Sec. 3(a),
Dec. 24, 1980, 94 Stat. 3493; Pub. L. 98-525, title IV, Sec. 414(b)(1),
Oct. 19, 1984, 98 Stat. 2519; Pub. L. 100-456, div. A, title XII,
Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
Historical and Revision Notes
1956 Act
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
101(1)................................ 32:4c (1st 33 words). June 3, 1916, ch. 134, Sec. 62
101(2)................................ [No source]. (1st 36 words of last proviso), 39
101(3)................................ 32:2. Stat. 198.
32:4b.
101(4)................................ 50:1112(a) (for definition June 3, 1916, ch. 134, Sec. 117,
purposes). 39 Stat. 212.
101(5)................................ 10:1835 (less last 16 words). June 3, 1916, ch. 134, Sec. 71;
32:2. added June 15, 1933, ch. 87, Sec.
32:4b. 9, 48 Stat. 157; Oct. 12, 1949,
101(6)................................ 50:1112(b) (for definition ch. 681, Sec. 530, 63 Stat. 837;
purposes). July 9, 1952, ch. 608, Sec. 803
[No source]. (9th par.), 66 Stat. 505.
101(7)................................ [No source]. July 9, 1952, ch. 608, Sec. 702
101(8)................................ [No source]. (for definition purposes), 66
101(9)................................ [No source]. Stat. 501.
101(10)............................... [No source]. Sept. 19, 1951, ch. 407, Sec. 305
101(11)............................... [No source]. (less last 16 words), 65 Stat.
101(12)............................... [No source]. 330.
101(13)............................... [No source].
101(14)............................... [No source].
101(15)............................... [No source].
101(16)...............................
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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 reference, where applicable,
to the Territories, Puerto Rico, and the Canal Zone.
In clause (2), a definition of ``National Guard'' is inserted for
clarity.
In clause (3)(A), the words ``a land force'' are substituted for
32:2. The National Defense Act of 1916, Sec. 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, Sec. 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 provided 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 description 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 substituted 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 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 enlistment is not the only method of
becoming a member in an enlisted grade.
1958 Act
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Section of title 32 Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
101(2)................................ [No source]. [No source].
101(18)............................... [No source]. [No source].
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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.
Amendments
1988--Cls. (4), (6). Pub. L. 100-456 struck out ``the Canal Zone,''
after ``Puerto Rico,''.
1984--Cl. (12). Pub. L. 98-525, Sec. 414(b)(1)(A), inserted at end
``It does not include full-time National Guard duty.''
Cl. (19). Pub. L. 98-525, Sec. 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 including 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.
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 relating 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 Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in title 5 section 6323; title 10
section 101; title 28 section 2671.
