32 U.S. Code § 101 - Definitions

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, § 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 It is also omitted from the revised section as repealed by the act of February 28, 1925, ch. 374, § 3, 43 Stat. 1081.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 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.

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.

2006—Cl. (1). Pub. L. 109–163 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “ ‘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.”

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 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.

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.

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.

Pub. L. 112–241, § 1, Jan. 10, 2013, 126 Stat. 2372, provided that: