Title 32 — National Guard
Chapter 3 — Personnel
§ 307. Federal recognition of officers: examination; certificate of eligibility
Statutory text
To be eligible for Federal recognition as an officer of the National Guard, a person must—
receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title.
The examination prescribed by subsection (a)—
shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
may be held before original appointment or promotion.
If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.
Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 602 · 70A Stat. 602
Enacted · 32 U.S.C. § 307
Aug. 10, 1956, ch. 1041, 70A Stat. 602
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 602Pub. L. 85–861 § 2(6)(A) · 72 Stat. 1437
Substituted · 32 U.S.C. § 307(a)(3)
Pub. L. 85–861, § 2(6)(A), substituted “subsections (d) and (e) of this section and sections 8365 and 8366 of title 10” for “subsection (d)”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 85–861, § 2(6)(A), substituted “subsections (d) and (e) of this section and sections 8365 and 8366 of title 10” for “subsection (d)”.Enacted provision · exact public law section
(A) by striking out the words “subsection (d)”, in subsection (a) (3), and inserting the words “subsections (d) and (e) of this section and sections 8365 and 8366 of title 10” in place thereof; andPub. L. 85–861 § 2(6)(B) · 72 Stat. 1437
Added · 32 U.S.C. § 307(e); 32 U.S.C. § 307(f)
Pub. L. 85–861, § 2(6)(B), added subsecs. (e) and (f)
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 85–861, § 2(6)(B), added subsecs. (e) and (f).Enacted provision · exact public law section
(B) by adding the following new subsections at the end thereof: “(e) Subject to subsection (a) (1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade. “(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.”Pub. L. 92–492 § 2(b) · 86 Stat. 810
Added · 32 U.S.C. § 307(g)
Pub. L. 92–492 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 92–492 added subsec. (g).Enacted provision · exact public law section
(b) Section 307 of title 32, United States Code, is amended by adding at the end thereof a new subsection as follows: “(g) Federal recognition may not be extended in the case of any member of the National Guard of the Virgin Islands in any grade above colonel.”Pub. L. 96–535 · 94 Stat. 3165
Struck · 32 U.S.C. § 307(g)
Pub. L. 96–535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel
Source evidence
Code amendment note
Subsec. (g). Pub. L. 96–535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel.Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1676(a)(2) · 108 Stat. 2663
Struck · 32 U.S.C. § 307(a)(3)
Pub. L. 103–337 struck out “and sections 8365 and 8366 of title 10” after “of this section”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 103–337 struck out “and sections 8365 and 8366 of title 10” after “of this section”.Enacted provision · exact public law section
(2) Section 307(a)(3) is amended by striking out “and sections 8365 and 8366 of title 10”.Effective date note
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
4 of 6 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 307(a) 307(b) 307(c) 307(d) | 32:113 (1st sentence).32:111 (37th through 54th words).50:1113(a) (as applicable to officers).32:113 (2d sentence and 1st 24 words of 3d sentence).32:113 (3d sentence, less 1st 24 words).50:1115(a) (less last 39 words). | June 3, 1916, ch. 134, § 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (39th through 56th words), 41 Stat. 781.June 3, 1916, ch. 134, § 75; restated June 15, 1933, ch. 87, § 12, 48 Stat. 158; July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505. |
| July 9, 1952, ch. 608, §§ 703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. | ||
In subsection (b), the words “prescribed by subsection (a)” are substituted for the words “to determine such qualifications for appointment”. The word “designated” is substituted for the word “appointed”, since the filling of the positions involved is not an appointment to office in the constitutional sense. The words “of an individual as an officer or warrant officer” are omitted as surplusage.
In subsection (c), the word “originally” is inserted for clarity. The words “If such a board finds a person” are substituted for the words “if the applicant has been found”. The words “for individual Federal recognition for the office for which he was found qualified” are inserted for clarity. The words “that office” are substituted for the words “the office for which he was found qualified”.
In subsection (d), the words “Notwithstanding the provisions of section 113 of Title 32” are omitted as covered by the words of exception in revised subsection (a). The words “Subject to subsection (a)(1) and (2)” are inserted, since 50:1115(a) (less last 39 words) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words “in his reserve grade” are substituted for the words “in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States”. The last sentence is inserted for clarity.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
| 307(a)307(e) | 50:1349(b) (1st sentence).50:1349(b) (less 1st sentence, and less 36th through 58th words of 2d sentence). | Sept. 3, 1954, ch. 1257, § 519(b), 68 Stat. 1179. |
| 307(f) | 50:1349(b) (36th through 58th words of 2d sentence). | |
In subsection (e), the words “to subsection (a)(1) and (2)” are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words “without the examination prescribed in section 113 of Title 32” are omitted as covered by the words of exception in revised subsection (a). The last 37 words are substituted for 50:1349(b) (last 29 words of 2d sentence; and last sentence).
Editorial Notes
Amendments1958–1994 · 4 rounds
1994
Subsec. (a)(3). Pub. L. 103–337 struck out “and sections 8365 and 8366 of title 10” after “of this section”.
1980
Subsec. (g). Pub. L. 96–535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel.
1972
Subsec. (g). Pub. L. 92–492 added subsec. (g).
1958
Subsec. (a)(3). Pub. L. 85–861, § 2(6)(A), substituted “subsections (d) and (e) of this section and sections 8365 and 8366 of title 10” for “subsection (d)”.
Subsecs. (e), (f). Pub. L. 85–861, § 2(6)(B), added subsecs. (e) and (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of Subsection (e) of This Section
For authority of the President to suspend subsec. (e) of this section in time of war or emergency declared by Congress, see section 111 of this title.
Credits
1956–1994 · 5 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 602
- 1958Pub. L. 85–861, § 2(6), , 72 Stat. 1543
- 1972Pub. L. 92–492, § 2(b), , 86 Stat. 810
- 1980Pub. L. 96–535, , 94 Stat. 3165
- 1994Pub. L. 103–337, div. A, title XVI, § 1676(a)(2), , 108 Stat. 3019.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(6), , 72 Stat. 1543; Pub. L. 92–492, § 2(b), , 86 Stat. 810; Pub. L. 96–535, , 94 Stat. 3165; Pub. L. 103–337, div. A, title XVI, § 1676(a)(2), , 108 Stat. 3019.)