32 USC Sec. 109
     TITLE 32 - NATIONAL GUARD
    CHAPTER 1 - ORGANIZATION

     Sec. 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, 70A Stat. 600; Pub. L. 85-861, Sec. 2(2),
    Sept. 2, 1958, 72 Stat. 1542; 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)(3), Jan. 6, 2006, 119 Stat. 3441; Pub.
    L. 111-383, div. A, title X, Sec. 1075(h)(4)(B), Jan. 7, 2011, 124
    Stat. 4377.)
  
                       Historical and Revision Notes
                                 1956 Act
    ---------------------------------------------------------------------
    Revised section        Source (U.S. Code)     Source (Statutes at
                                                   Large)
    ---------------------------------------------------------------------
    109(a)    109(b)       32:194(a) (1st         June 3, 1916, ch.
                            sentence).             134, Sec. 61 (less
                            32:194(c) (as          (b)); restated Oct.
                            applicable to          21, 1940, ch. 904
                            32:194(a) (1st         (less last 3
                            sentence)).            provisos); restated
                            32:194(a) (less 1st    Aug. 18, 1941, ch.
                            sentence).             363 (less last 3
                            32:194(c) (less        provisos); restated
                            applicability to       Oct. 1, 1942, ch.
                            32:194(a) (1st         570 (less (b));
                            sentence)).            restated June 26,
                                                   1944, ch. 279 (less
                                                   (b)); restated
                                                   Sept. 27, 1950, ch.
                                                   1058 (less (b)), 64
                                                   Stat. 1072.
                     -------------------------------
      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".
 
                                 1958 Act
    ---------------------------------------------------------------------
    Section of title 32    Source (U.S. Code)     Source (Statutes at
                                                   Large)
    ---------------------------------------------------------------------
    109(c)                 32 App.:194(b) (less   Aug. 11, 1955, ch.
                            4th and last           802, 69 Stat. 686.
                            sentences).
    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
    section 901 of Title 50", since that term is not defined in the
    Armed Forces Reserve Act of 1952.
                                 AMENDMENTS
      2011 - Subsecs. (a) to (c). Pub. L. 111-383 amended directory 
    language of Pub. L. 109-163, Sec. 1057(b)(3). See 2006 Amendment 
    note below.
      2006 - Subsecs. (a) to (c). Pub. L. 109-163, as amended by Pub. L. 
    111-383, substituted "State, the Commonwealth of Puerto Rico, the
    District of Columbia, Guam, or the Virgin Islands" for "State or
    Territory, Puerto Rico, the Virgin Islands, or the District of
    Columbia".
      1988 - Subsecs. (a) to (c). Pub. L. 100-456 struck out "the
    Canal Zone," after "Virgin Islands,".
      1958 - Subsecs. (a), (b). Pub. L. 85-861, Sec. 2(2)(A),
    substituted "defense forces authorized by subsection (c)" for
    "State defense forces".
      Subsecs. (c) to (e). Pub. L. 85-861, Sec. 2(2)(B), added subsecs.
    (c) to (e).
                           EFFECTIVE DATE OF 2011 AMENDMENT
      Pub. L. 111-383, div. A, title X, Sec. 1075(h), Jan. 7, 2011, 124
    Stat. 4377, provided that the amendment made by section
    1075(h)(4)(B) is effective as of Jan. 6, 2006, and as if included
    in Pub. L. 109-163 as enacted.




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