32 U.S.C. § 109 Maintenance of Other Troops

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-21 (published on www.congress.gov on 11/13/2023)

(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.

Cite as 32 U.S.C. § 109

Source: Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 85-861, §2(2), Sept. 2, 1958, 72 Stat. 1542; 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)(3), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 111-383, div. A, title X, §1075(h)(4)(B), Jan. 7, 2011, 124 Stat. 4377.

Notes from the Office of Law Revision Counsel

current through 4/19/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES 1956 ACT</TD> </TR> <TR> <TD>Revised section</TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>109(a) <para>109(b)</para> </TD> <TD>32:194(a) (1st sentence). <para>32:194(c) (as applicable to 32:194(a) (1st sentence)).</para> <para>32:194(a) (less 1st sentence).</para> <para>32:194(c) (less applicability to 32:194(a) (1st sentence)).</para> </TD> <TD>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)), 64 Stat. 1072.</TD> </TR> </TABLE>