CHAPTER 1 —ORGANIZATION
Editorial Notes
Amendments
1999—
1997—
1989—
1971—
1958—
§101. Definitions
In addition to the definitions in
(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
(Aug. 10, 1956, ch. 1041,
| 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), |
| 101(4) | 50:1112(a) (for definition purposes). | June 3, 1916, ch. 134, §117, |
| 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, July 9, 1952, ch. 608, §702 (for definition purposes), Sept. 19, 1951, ch. 407, §305 (less last 16 words), |
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),
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.
| 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
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).
1988—Cls. (4), (6).
1984—Cl. (12).
Cl. (19).
1980—Cl. (1).
Cl. (12).
1972—Cl. (1).
1960—Cl. (1).
1959—Cl. (1).
1958—Cls. (2) to (18).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
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
Official Designation of Salem, Massachusetts, as Birthplace of the National Guard of the United States
"(a)
"(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 defense of the community.
"(3) In 1636, the Massachusetts General Court ordered the organization of three militia regiments, designated as the North, South, and East regiments.
"(4) These regiments drilled once a week and provided 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
"(8) The designation of the City of Salem, Massachusetts, as the Birthplace of the National Guard of the United States will contribute positively to tourism and economic development in the city, create jobs, and instill pride in both the local and State communities.
"(b)
"(c)
"(1)
"(2)
§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 National 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 national security than are in the regular components of the ground and air forces, the Army National 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 necessary for a balanced force, shall be ordered to active Federal duty and retained as long as so needed.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102 | 50:921(b). | July 9, 1952, ch. 608, §201(b), |
The words "The Congress further declares * * * as expressed in the National Defense Act of 1916 as amended" and "It is the intent of Congress that" are omitted as surplusage. The words "United States" are substituted 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 exists".
§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 includes such members of the staff corps corresponding to the staff corps of the Army as the Secretary of the Army may authorize.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 103 | 32:9. | July 9, 1918, ch. 143 (proviso of 13th par. under "National Guard"), |
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—
1988—
§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 National Guard.
(b) Except as otherwise specifically provided in this title, the organization of the Army National 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 National 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 located entirely within a State may be made without the approval of its governor.
(d) To maintain appropriate organization and to assist in training and instruction, the President may assign the National Guard to divisions, 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 National 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 National Guard may not be disbanded; and
(2) the actual strength of such an organization in commissioned officers or enlisted members may not be reduced below the minimum strength prescribed by the President.
(Aug. 10, 1956, ch. 1041,
| 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, |
| 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, |
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 category for which the organization is prescribed, and the Regular Army is a personnel category for which no organization is prescribed. Similarly, the words "Air Force" are used instead of the words "Regular Air Force".
In subsection (c), the words "by branch of the Army or organization of the Air Force" are substituted for the words "as to branch or arm of service". The words "branch, organization, or allotment of a unit" are substituted for the words "allotment, branch, or arm of units or organizations".
In subsections (d) and (e) the word "commissioned" is inserted, since 32:8 and 10 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)).
In subsection (d), the word "brigades" is omitted as surplusage.
In subsection (e), the word "tactical" is omitted as surplusage.
In subsection (f), the words "have received compensation from the United States as members of the National Guard" are substituted for the words "shall be entitled to and shall have received compensation under the provisions of this title". The words "actual strength * * * in commissioned officers or enlisted members" are substituted for the words "commissioned or enlisted strength".
Editorial Notes
Amendments
2006—Subsec. (a).
Subsec. (c).
Subsec. (d).
1988—Subsec. (a).
Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Council of Governors
Comptroller General Assessments of National Guard Management
"(1) The Comptroller General's assessment of the effectiveness of the implementation of Department of Defense plans for improving management and accounting for personnel strengths in the National Guard, including an assessment of the process that the Department of Defense, the National Guard Bureau, the Army National Guard and State-level National Guard leadership, and leadership in the other reserve components have for identifying and addressing in a timely manner specific units in which nonparticipation rates are significantly in excess of the established norms.
"(2) The Comptroller General's assessment of the effectiveness of the process for Federal recognition of senior National Guard officers and recommendations for improvement to that process.
"(3) The Comptroller General's assessment of the process for, and the nature and extent of, the administrative or judicial corrective action taken by the Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force as a result of Inspector General investigations or other investigations in which allegations against senior National Guard officers are substantiated in whole or in part.
"(4) The Comptroller General's determination of the effectiveness of the Federal protections provided for members or employees of the National Guard who report allegations of waste, fraud, abuse, or mismanagement and the nature and extent to which corrective action is taken against those in the National Guard who retaliate against such members or employees."
Study of State and Federal Missions of National Guard
Retention of Ancient Privileges and Organization
Act Aug. 10, 1956, ch. 1041, §32,
"(a) Any corps of artillery, cavalry, or infantry existing in any of the States on the passage of the Act of May 8, 1792, which by the laws, customs, or usages of those States has been in continuous existence since the passage of that Act, shall be allowed to retain its ancient privileges, subject, nevertheless to all duties required by law of militia: Provided, That those organizations may be a part of the National Guard and entitled to all the privileges thereof, and shall conform in all respects to the organization, discipline, and training to the National Guard in time of war: Provided further, That for purposes of training and when on active duty in the service of the United States they may be assigned to higher units, as the President may direct, and shall be subject to the orders of officers under whom they shall be serving.
"(b) The First Corps Cadets, antedating, and continuously existing in the State of Massachusetts since, the Act of May 8, 1792, now designated as the 126th Tank Battalion, 26th Infantry Division, hereby declared to be a corps as defined in subsection (a) of this Act for all purposes thereof and now incorporated in the Organized Militia and a part of the National Guard of Massachusetts, shall be allowed to retain its ancient privileges and organization. The First Corps Cadets is hereby declared to be entitled to a lieutenant colonel in command and a major second in command; and those officers, when federally recognized, are entitled to the pay provided by law for their respective grades: Provided, That nothing in this section or other provisions of law shall be considered to be in derogation of any other ancient privileges to which the First Corps Cadets is entitled under the laws, customs, or usages of the State of Massachusetts."
Executive Documents
Ex. Ord. No. 13528. Establishment of the Council of Governors
Ex. Ord. No. 13528, Jan. 11, 2010, 75 F.R. 2053, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of [sic] 2008 (
(a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms.
(b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council.
(a) matters involving the National Guard of the various States;
(b) homeland defense;
(c) civil support;
(d) synchronization and integration of State and Federal military activities in the United States; and
(e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.
(a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council.
(b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law.
(c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assignment or detail of personnel, and information as may be necessary for the performance of the Council's functions.
(d) The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively of Members of the Council and any designated employees of a Member with authority to act on the Member's behalf, as appropriate to aid the Council in carrying out its functions under this order.
(e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members.
(a) the term "State" has the meaning provided in paragraph (15) [now (17)] of section 2 of the Homeland Security Act of 2002 (
(b) the term "Governor" has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(a) Nothing in this order shall be construed to impair or otherwise affect:
(1) the authority granted by law to a department, agency, or the head thereof; or
(2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
§105. Inspection
(a) Under regulations prescribed by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have an inspection made by inspectors general, or by any other commissioned officers of the Regular Army or the Regular Air Force detailed for that purpose, to determine whether—
(1) the amount and condition of property held by the Army National Guard or Air National Guard are satisfactory;
(2) the Army National Guard or Air National Guard is organized as provided in this title;
(3) the members of the Army National Guard or Air National Guard meet prescribed physical and other qualifications;
(4) the Army National Guard or Air National Guard and its organization are properly uniformed, armed, and equipped and are being trained and instructed for active duty in the field, or for coast defense;
(5) Army National Guard or Air National Guard records are being kept in accordance with this title;
(6) the accounts and records of each property and fiscal officer are properly maintained;
(7) the units of the Army National Guard or Air National Guard meet requirements for deployment; and
(8) the units and members of the Army National Guard or Air National Guard comply with Federal law and policy applicable to the National Guard, including policies issued by the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau.
(b) The reports of inspections under subsection (a) are the basis for determining whether the National Guard is entitled to the issue of military property as authorized under this title and to retain that property; and for determining which organizations and persons constitute units and members of the National Guard; and for determining which units of the National Guard meet deployability standards.
(c) The Chief of the National Guard Bureau may have an inspection described in subsection (a) made by inspectors general, or by commissioned officers of the Army National Guard of the United States or the Air National Guard of the United States detailed for that purpose, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 105(a) 105(b) |
32:15 (1st sentence). 32:15 (less 1st sentence). |
June 3, 1916, ch. 134, §93, |
In subsection (a), the word "commissioned" is inserted, since 32:15 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)).
In subsection (a)(2), the words "provided in this title" are substituted for the words "hereinbefore prescribed".
In subsection (a)(4), the words "the Army National Guard and its organizations" are substituted for the words "the organization and the officers and enlisted men thereof". The word "uniformed" is omitted as covered by the word "equipped".
In subsection (b), the words "under subsection (a)" are substituted for the word "such". The words "units and members" are substituted for the word "parts". The words "within the meaning of this title" are omitted as surplusage.
Editorial Notes
Amendments
2022—Subsec. (a)(8).
2019—Subsec. (a).
Subsec. (c).
1992—Subsec. (a).
Subsec. (b).
1977—Subsec. (a).
§106. Annual appropriations
Sums will be appropriated annually, out of any money in the Treasury not otherwise appropriated, for the support of the Army National Guard and the Air National Guard, including the issue of arms, ordnance stores, quartermaster stores, camp equipage, and other military supplies, and for the payment of other expenses authorized by law.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 106 | 32:21. | June 3, 1916, ch. 134, §67 (1st par.), |
The words "issue of" are substituted for the words "the expense of providing". The words "for issue to the National Guard" and "pertaining to said guard as are or may be" are omitted as surplusage.
§107. Availability of appropriations
(a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for—
(1) the necessary expenses of members of a regular or reserve component of the Army or the Air Force traveling on duty in connection with the National Guard;
(2) the necessary expenses of members of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army Staff or the Air Staff, traveling to and from annual conventions of the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Association;
(3) the transportation of supplies furnished to the National Guard as permanent equipment;
(4) the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard;
(5) the expenses of the National Guard Bureau, including clerical services;
(6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges;
(7) such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and
(8) other expenses of the National Guard authorized by law.
(b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. Payable expenses include allowances for subsistence and housing under
(c) The pay and allowances for the Chief of the National Guard Bureau and officers of the Army National Guard of the United States or the Air National Guard of the United States called to active duty under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 107(a) 107(b) 107(c) |
32:22 (less proviso). 32:22 (proviso, less words between 5th and 7th semicolons). 32:22 (words between 5th and 7th semicolons of proviso). |
June 3, 1916, ch. 134, §67 (2d par.), |
In subsection (a), the words "strengths in enlisted members of the active" are substituted for the words "number of enlisted men in active service". The words between the eighth and ninth semicolons of 32:22, relating to horses and draft animals, are omitted as obsolete, since no animals are now authorized for the National Guard. The words "under
In subsection (b)(1) and (2), the words "actual and" are omitted as surplusage.
In subsection (b)(2), the words "Reserve Officers holding commission in the National Guard" are omitted as covered by the words "officers of a * * * reserve component of the Army or the Air Force". The words "Army General Staff" are substituted for the words "War Department General Staff" to conform to
In subsection (c), the words "under
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32:107(c) | 31:698. | Aug. 10, 1956, ch. 1041, §30, |
The work "appropriations" is substituted for "funds appropriated" for consistency in the title.
Editorial Notes
Amendments
2006—Subsec. (b).
2003—Subsec. (a)(2).
1997—Subsec. (b).
1994—Subsec. (c).
1988—Subsec. (b).
1982—Subsec. (c).
1971—
Subsec. (a).
Subsecs. (b), (c).
1967—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Department of Defense State Partnership Program
Limitation on Activities Under State Partnership Program Pending Compliance With Certain Program-Related Requirements
"(a)
"(b)
"(1) The requirement for the Secretary of Defense to submit to the appropriate congressional committees the final regulations required by subsection (a) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (
"(2) A requirement for the Secretary of Defense to certify to the appropriate congressional committees that appropriate modifications have been made, and appropriate controls have been instituted, to ensure the compliance of the Program with
"(c)
Availability of Appropriated Funds for the State Partnership Program
§108. Forfeiture of Federal benefits
If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 108 | 32:24. | June 3, 1916, ch. 134, §116, |
The words "does not comply" are substituted for the words "shall * * * have failed or refused to comply". The words "a requirement of, or regulation prescribed under, this title" are substituted for the words "any requirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army". The words "money or any other aid" are substituted for the words "pecuniary or other aid". The words "or provided by this title or any other" are omitted as surplusage.
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§109. Maintenance of other troops
(a) In time of peace, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).
(b) Nothing in this title limits the right of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces.
(d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States.
(e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 109(a) 109(b) |
32:194(a) (1st sentence). 32:194(c) (as applicable to 32:194(a) (1st sentence)). 32:194(a) (less 1st sentence). 32:194(c) (less applicability to 32:194(a) (1st sentence)). |
June 3, 1916, ch. 134, §61 (less (b)); restated Oct. 21, 1940, ch. 904 (less last 3 provisos); restated Aug. 18, 1941, ch. 363 (less last 3 provisos); restated Oct. 1, 1942, ch. 570 (less (b)); restated June 26, 1944, ch. 279 (less (b)); restated Sept. 27, 1950, ch. 1058 (less (b)), |
In subsection (a), the words "those of its National Guard" are substituted for the words "as authorized in accordance with the organization prescribed under this Act".
In subsections (a) and (b), the provisions of 32:194(c) are exhausted by the enumeration of the jurisdictions named.
In subsection (b), the words "Nothing in this title limits" are substituted for the words "Nothing contained in this Act shall be construed to limit".
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 109(c) | 32 App.:194(b) (less 4th and last sentences). | Aug. 11, 1955, ch. 802, |
| 109(d) | 32 App.:194(b) (4th sentence). | |
| 109(e) | 32 App.:194(b) (last sentence). |
In subsection (c), the words "heretofore authorized by this Act [sic]", "as such", and "in any manner" are omitted as surplusage.
In subsection (d), the words "under any Federal law" are omitted since only Federal law could require service in the armed forces. The word "military" is omitted as surplusage.
In subsection (e), the words "defense force" are substituted for the words "organized militia" for accuracy and to conform to subsection (c). The words "reserve component of the armed forces" are substituted for the words "Reserve Forces as defined in
Editorial Notes
Amendments
2011—Subsecs. (a) to (c).
2006—Subsecs. (a) to (c).
1988—Subsecs. (a) to (c).
1958—Subsecs. (a), (b).
Subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
§110. Regulations
The President shall prescribe regulations, and issue orders, necessary to organize, discipline, and govern the National Guard.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 110 | 32:17. | June 3, 1916, ch. 134, §118, |
The word "rules" is omitted as covered by the word "regulations". The words "National Guard" are substituted for the words "the militia provided for in this title". The words "for the thorough" are omitted as surplusage.
§111. Suspension of certain provisions of this title
In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) 1 of this title with respect to the Army National Guard or the Air National Guard.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 111 | 50:1199 (as applicable to National Guard). | Sept. 3, 1954, ch. 1257, §209 (as applicable to National Guard), |
Reference to the exception in section 307(a) is omitted as unnecessary because a suspension of
Editorial Notes
References in Text
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under
1 See References in Text note below.
§112. Drug interdiction and counter-drug activities
(a)
(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of drug interdiction and counter-drug activities.
(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of drug interdiction and counter-drug activities.
(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities. However, the use of such funds for the procurement of equipment may not exceed $15,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense.
(b)
(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under
(B) Appropriations available for the Department of Defense for drug interdiction and counter-drug activities may be used for paying costs associated with a member's participation in training described in subparagraph (A). The appropriation shall be reimbursed in full, out of appropriations available for paying those costs, for the amounts paid. Appropriations available for paying those costs shall be available for making the reimbursements.
(C) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State drug interdiction and counter-drug activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the drug interdiction and counter-drug activities that units and personnel of the National Guard of a State may perform:
(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit.
(ii) National Guard personnel will not degrade their military skills as a result of performing the activities.
(iii) The performance of the activities will not result in a significant increase in the cost of training.
(iv) In the case of drug interdiction and counter-drug activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements.
(3) A unit or member of the National Guard of a State may be used, pursuant to a State drug interdiction and counter-drug activities plan approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under
(A) the State drug interdiction and counter-drug activities plan specifically recognizes the organization as being eligible to receive the services or assistance;
(B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of
(C) the services or assistance is authorized under subsection (b) or (c) of such section or in the State drug interdiction and counter-drug activities plan.
(c)
(1) specify how personnel of the National Guard of that State are to be used in drug interdiction and counter-drug activities;
(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service;
(3) certify that participation by National Guard personnel in those operations is service in addition to training required under
(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard;
(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and
(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose.
(d)
(2) Except as provided in paragraph (3), the Secretary shall carry out paragraph (1) in consultation with the Director of National Drug Control Policy.
(3) Paragraph (2) shall not apply if—
(A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and
(B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b).
(e)
(A) on full-time National Guard duty under
(B) on duty under State authority to perform drug interdiction or counter-drug activities pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1).
(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States.
(f)
(1) The number of members of the National Guard excluded under subsection (e) 1 from the computation of end strengths.
(2) A description of the drug interdiction and counter-drug activities conducted under State drug interdiction and counter-drug activities plans referred to in subsection (c) with funds provided under this section.
(3) An accounting of the amount of funds provided to each State.
(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State drug interdiction and counter-drug activities plans.
(g)
(h)
(1) The term "drug interdiction and counter-drug activities", with respect to the National Guard of a State, means the use of National Guard personnel in drug interdiction and counter-drug law enforcement activities, including drug demand reduction activities, authorized by the law of the State and requested by the Governor of the State.
(2) The term "Governor of a State" means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.
(3) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
(Added
Editorial Notes
References in Text
Subsection (e), referred to in subsec. (f)(1), was repealed and subsec. (f) was redesignated (e) by
Prior Provisions
Similar provisions were contained in
Amendments
2023—Subsec. (a)(3).
2004—Subsec. (e).
Subsec. (e)(1)(A), (B).
Subsecs. (f) to (i).
1999—Subsec. (a)(3).
1998—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (i)(1).
1997—Subsec. (b).
Subsec. (c)(4) to (6).
Subsec. (e).
Subsecs. (g) to (i).
1996—Subsec. (a).
"(1) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State used for—
"(A) the purpose of drug interdiction and counter-drug activities; and
"(B) the operation and maintenance of the equipment and facilities of the National Guard of that State used for that purpose; and
"(2) the procurement of services and leasing of equipment for the National Guard of that State used for the purpose of drug interdiction and counter-drug activities."
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(3)(A).
Subsec. (d)(3)(B).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (h)(1).
1992—Subsec. (e)(1).
1991—Subsec. (c)(2).
"(A) the Attorney General of the United States in the case of a plan submitted for fiscal year 1990; and
"(B) the Director of National Drug Control Policy in the case of a plan submitted for subsequent fiscal years."
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions in subsec. (f) of this section requiring submittal of annual report to Congress, see section 1061 of
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
National Guard Counterdrug Schools
"(a)
"(b)
"(1) Federal agencies.
"(2) State, local, and tribal law enforcement agencies.
"(3) Community-based organizations engaged in such activities.
"(4) Other non-Federal governmental and private entities and organizations engaged in such activities.
"(c)
"(1) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida.
"(2) The Midwest Counterdrug Training Center (MCTC), Johnston, Iowa.
"(3) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi.
"(4) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania.
"(5) The Western Regional Counterdrug Training Center, Camp Murray, Washington.
"(d)
"(1)
"(2)
"(e)
"(f)
"(g)
"(1) the amount of funding made available and the appropriation account for each National Guard counterdrug school during such fiscal year;
"(2) the cumulative amount of funding made available for each National Guard counterdrug school during five fiscal years preceding such fiscal year;
"(3) a description of the curriculum and training used at each National Guard counterdrug school;
"(4) a description of how the activities conducted at each National Guard counterdrug school fulfilled Department of Defense counterdrug mission;
"(5) a list of the entities described in subsection (b) whose personnel received training at each National Guard counterdrug school; and
"(6) updates, if any, to the Department of Defense regulations prescribed under subsection (a).
"(h)
"(1)
"(2)
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 901(g) of
1 See References in Text note below.
§113. Federal financial assistance for support of additional duties assigned to the Army National Guard
(a)
(b)
(A) the activity is carried out in the performance of a responsibility of the Secretary of the Army under paragraph (6), (10), or (11) of
(B) the Army National Guard was selected to perform the activity under competitive procedures that permit all qualified public-sector and private-sector sources to submit offers and be considered for selection to perform the activity on the basis of the offers, subject to the exceptions provided in
(2) Paragraph (1)(B) does not apply to an activity that, on October 17, 1998, was performed for the Federal Government by employees of the Federal Government or employees of a State.
(c)
(d)
(Added
Editorial Notes
Amendments
2021—Subsec. (b)(1)(B).
2018—Subsec. (b)(1)(A).
2004—Subsec. (b)(1)(B).
1999—Subsec. (b)(2).
1998—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1998 Amendment
"(1) financial assistance provided under that section before October 1, 1998; or
"(2) financial assistance for an activity that, before May 9, 1998, the Secretary of the Army identified in writing as being under consideration for supporting with financial assistance under that section."
§114. Funeral honors functions at funerals for veterans
Subject to such regulations and restrictions as may be prescribed by the Secretary concerned, the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a period of drill or training, but may be performed as funeral honors duty under
(Added
Editorial Notes
Amendments
1999—
1998—
§115. Funeral honors duty performed as a Federal function
(a)
(b)
(1) service credit under
(2) as directed by the Secretary concerned, either—
(A) the allowance under
(B) compensation under
(c)
(d)
(Added
Editorial Notes
Amendments
2022—Subsec. (a).
Subsec. (b)(2)(A).
Subsec. (c).
2013—Subsecs. (a), (b)(2)(A).
2011—Subsecs. (a), (b)(2)(A).
2001—Subsec. (a).
2000—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Effective Date of 2001 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by