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32 U.S.C. § 101Definitions

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 592 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used throughout Title 32, the law governing the National Guard and armed forces. It explains words like 'armed forces', 'National Guard', 'active duty', and 'rank'. It also defines plain words like 'shall', 'may', and 'includes' as used in this title.

This section adds definitions to the ones already listed in sections 1-5 of title 1. These definitions apply throughout Title 32. (1) "Territory": for laws about the militia, the National Guard, and the Air National Guard, "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 plus the Air National Guard together. (4) "Army National Guard" means the land-force part of the organized militia of the states, territories, Puerto Rico, and D.C. (whether active or inactive) that is trained and has its officers appointed under the Constitution's militia clause, is organized, armed, and equipped wholly or partly with federal money, and is federally recognized. (5) "Army National Guard of the United States" means the Army's reserve component made up entirely of Army National Guard members. (6) "Air National Guard" is the same idea as (4), but for the air-force part of the organized militia. (7) "Air National Guard of the United States" means the Air Force's reserve component made up entirely of Air National Guard members. (8) "Officer" means a commissioned or warrant officer. (9) "Enlisted member" means someone enlisted, inducted, called, or conscripted into an armed force at an enlisted grade. (10) "Grade" means a rank or step in a graduated scale of military rank, set by law or regulation. (11) "Rank" means where someone stands in 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, including full-time training duty, annual training, and attending a designated service school while on active duty. It does not include full-time National Guard duty. (13) "Supplies" includes materials, equipment, and stores of every kind. (14) "Shall" is used to mean a requirement. (15) "May" is used to mean permission. "No person may..." means no one is required, authorized, or allowed to do that act. (16) "Includes" means "includes, but is not limited to." (17) "Pay" includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but not allowances. (18) "Spouse" means husband or wife. (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 Air National Guard of the United States, in that person's status as a National Guard member of a state, territory, Puerto Rico, or D.C., under sections 316, 502, 503, 504, or 505 of this title, for which the member is entitled to federal pay or has waived federal pay.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 596; Pub. L. 85–861, § 2(1), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 86–70, § 27, June 25, 1959, 73 Stat. 148; Pub. L. 86–624, § 22, July 12, 1960, 74 Stat. 417; Pub. L. 92–492, § 2(a), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–513, title V, § 507(a), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 96–600, § 3(a), Dec. 24, 1980, 94 Stat. 3493; Pub. L. 98–525, title IV, § 414(b)(1), Oct. 19, 1984, 98 Stat. 2519; 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)(1), Jan. 6, 2006, 119 Stat. 3441.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1542
  • 1959Amended · Pub. L. 86-70 · 73 Stat. 148
  • 1960Amended · Pub. L. 86-624 · 74 Stat. 417
  • 1972Amended · Pub. L. 92-492 · 86 Stat. 810
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2919
  • 1980Amended · Pub. L. 96-600 · 94 Stat. 3493
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2519
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 2059
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3441

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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