National Guard in the United States
National Guard
32 U.S.C. § 101 : US Code – Section 101: Definitions
This description of the National Guard tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning National Guard) rather than to the “subchapter” or the “title” of the United States Code.
U.S. Code Citation
U.S. Code Section and Head
- United States Code – Section 101
- Head of the Section:
Definitions
Text of the Section
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 National Guard of the United States, and the Air National Guard of the United States, the term “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.
National Guard in State Statute Topics
Introduction to National Guard (State statute topic)
The purpose of National Guard is to provide a broad appreciation of the National Guard legal topic. Select from the list of U.S. legal topics for information (other than National Guard).
Finding the law: National Guard in the U.S. Code
A collection of general and permanent laws relating to national guard, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines national guard topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.
National Guard
In Legislation
National Guard in the U.S. Code: Title 32
The current, permanent, in-force federal laws regulating national guard are compiled in the United States Code under Title 32. It constitutes “prima facie” evidence of statutes relating to National Guard (including national guard) of the United States. The readers can further narrow their legal research on the topic by chapter and subchapter.
Resources
Further Reading
- Information about National Guard in the Gale Encyclopedia of American Law.
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