From the U.S. Code Online via GPO Access
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[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 10USC311]
TITLE 10--ARMED FORCES
Subtitle A--General Military Law
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13--THE MILITIA
Sec. 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section 313 of
title 32, under 45 years of age who are, or who have made a declaration
of intention to become, citizens of the United States and of female
citizens of the United States who are members of the National Guard.
(b) The classes of the militia are--
(1) the organized militia, which consists of the National Guard
and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the Naval
Militia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7), Sept.
2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V, Sec. 524(a),
Nov. 30, 1993, 107 Stat. 1656.)
Historical and Revision Notes
1956 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
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311(a)................................ 32:1 (less last 19 words). June 3, 1916, ch. 134, Sec. 57, 39
311(b)................................ 32:1 (last 19 words). Stat. 197; June 28, 1947, ch. 162,
Sec. 7 (as applicable to Sec. 57
of the Act of June 3, 1916, ch.
134), 61 Stat. 192.
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In subsection (a), the words ``who have made a declaration of
intention'' are substituted for the words ``who have or shall have
declared their intention''. The words ``at least 17 years of age and * *
* under 45 years of age'' are substituted for the words ``who shall be
more than seventeen years of age and * * * not more than forty-five
years of age''. The words ``except as provided in section 313 of title
32'' are substituted for the words ``except as hereinafter provided'',
to make explicit the exception as to maximum age.
In subsection (b), the words ``The organized militia, which consists
of the National Guard and the Naval Militia'' are substituted for the
words ``the National Guard, the Naval Militia'', since the National
Guard and the Naval Militia constitute the organized militia.
1958 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
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311(a)................................ 32 App.:1. July 30, 1956, ch. 789, Sec. 1, 70
Stat. 729.
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The words ``appointed as . . . under section 4 of this title'' are
omitted as surplusage.
Amendments
1993--Subsec. (a). Pub. L. 103-160 substituted ``members'' for
``commissioned officers''.
1958--Subsec. (a). Pub. L. 85-861 included female citizens of the
United States who are commissioned officers of the National Guard.