Notes on 32 U.S.C. § 101 : US Code - Notes

Search Notes on 32 U.S.C. § 101 : US Code - Notes

(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; Pub. L. 109-163, div. A, title X, Sec. 1057(b)(1), Jan.
6, 2006, 119 Stat. 3441.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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101(1) 32:4c (1st 33 words). June 3, 1916, ch. 134,
Sec. 62 (1st 36 words of
last proviso), 39 Stat.
198.
101(2)
101(3)
[No source].
32:2.
32:4b.
101(4) 50:1112(a) (for June 3, 1916, ch. 134,
definition purposes). Sec. 117, 39 Stat. 212.
101(5) 10:1835 (less last 16 June 3, 1916, ch. 134,
words). Sec. 71; added June 15,
1933, ch. 87, Sec. 9, 48
Stat. 157; Oct. 12,
1949, ch. 681, Sec. 530,
63 Stat. 837; July 9,
1952, ch. 608, Sec. 803
(9th par.), 66 Stat. 505.


101(6)


101(7)
101(8)
101(9)
101(10)
101(11)
101(12)
101(13)
101(14)
101(15)
101(16)
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].
July 9, 1952, ch. 608,
Sec. 702 (for definition
purposes), 66 Stat. 501.
Sept. 19, 1951, ch. 407,
Sec. 305 (less last 16
words), 65 Stat. 330.
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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 Source (U.S. Code) Source (Statutes at
of title Large)
32
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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
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, 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.