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Title 32 — National Guard

Chapter 3 — Personnel

§ 314. Adjutants general

Statutory text

(a)

There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.

(b)

The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.

(c)

The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.

(d)

The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.

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.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 604 · 70A Stat. 604

    Enacted · 32 U.S.C. § 314

    Aug. 10, 1956, ch. 1041, 70A Stat. 604

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 604

  2. Pub. L. 85–894 · 72 Stat. 1713

    Struck · 32 U.S.C. § 314(b)

    Pub. L. 85–894 struck out “Puerto Rico” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 85–894 struck out “Puerto Rico” in two places.

  3. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 § 1234(b)(1) · 102 Stat. 1918

    Struck · 32 U.S.C. § 314(a)

    Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.

    Enacted provision · exact public law section
    (1) Sections 101(4), 101(6), 103, 104(c), 104(d), 107(b), 109, 304, 314(a), 314(d), 315(a), 315(b), 333, 501(b), 503(b), 504(b), 702(b), 702(c), 702(d), 703, 704, 708(d), 710, 711 and 712 are each amended by striking out “the Canal Zone,”.

  4. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 § 1234(b)(5) · 102 Stat. 1918

    Struck · 32 U.S.C. § 314(b)

    Pub. L. 100–456, § 1234(b)(5), struck out “, the Canal Zone,” after “each Territory” and “or the Canal Zone” after “a Territory”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–456, § 1234(b)(5), struck out “, the Canal Zone,” after “each Territory” and “or the Canal Zone” after “a Territory”.

    Enacted provision · exact public law section
    (5) Section 314(b) is amended— (A) by striking out “, the Canal Zone,” in the first sentence; and (B) by striking out “or the Canal Zone” in the second sentence.

  5. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 § 1234(b)(1) · 102 Stat. 1918

    Struck · 32 U.S.C. § 314(d)

    Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.

    Enacted provision · exact public law section
    (1) Sections 101(4), 101(6), 103, 104(c), 104(d), 107(b), 109, 304, 314(a), 314(d), 315(a), 315(b), 333, 501(b), 503(b), 504(b), 702(b), 702(c), 702(d), 703, 704, 708(d), 710, 711 and 712 are each amended by striking out “the Canal Zone,”.

  6. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIII § 1322(b) · 104 Stat. 1485

    Struck · 32 U.S.C. § 314(d)

    Pub. L. 101–510 struck out at end “Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–510 struck out at end “Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.”

    Enacted provision · exact public law section
    (b) Title 32, United States Code— Section 314 of title 32, United States Code, is amended by striking out the last sentence of subsection (d).

  7. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Pub. L. 102–190 div. A title V § 553 · 105 Stat. 1290

    1. Struck · 32 U.S.C. § 314(b)

      Pub. L. 102–190 struck out “each Territory and” before “the District of Columbia” in first sentence

    2. Struck · 32 U.S.C. § 314(b)

      Pub. L. 102–190 struck out at end “To be eligible for appointment as adjutant general of a Territory, a person must be a citizen of that jurisdiction.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–190 struck out “each Territory and” before “the District of Columbia” in first sentence, and struck out at end “To be eligible for appointment as adjutant general of a Territory, a person must be a citizen of that jurisdiction.”

    Enacted provision · exact public law section
    SEC. 553. APPOINTMENT OF ADJUTANTS GENERAL OF THE NATIONAL GUARD OF THE VIRGIN ISLANDS AND GUAM. Section 314(b) of title 32, United States Code, is amended— (1) by striking out “each Territory and” in the first sentence, and (2) by striking out the second sentence.

  8. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title X § 1057(b)(2) · 119 Stat. 3136

    Substituted · 32 U.S.C. § 314(a); 32 U.S.C. § 314(d)

    Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”

    Source evidence

    Code amendment note
    Subsecs. (a), (d). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”.

    Enacted provision · exact public law section
    (2) Sections 103, 104(c), 314, 315, 708(d), and 711 are amended by striking “State and Territory, Puerto Rico, and the District of Columbia” and “State or Territory, Puerto Rico, and the District of Columbia” each place they appear and inserting “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands”.

7 of 9 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
314(a)314(b)314(c)314(d)32:11.32:12.10:998.32:13.32:14.Jan. 21, 1903, ch. 196, § 12, 32 Stat. 776.June 6, 1900, ch. 811, 31 Stat. 671.June 3, 1916, ch. 134, § 66, 39 Stat. 199.

In subsection (a), the word “appointed” is omitted, since the position is not filled by appointment in some cases. The Act of January 21, 1903, ch. 196, § 12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section.

In subsection (b), the word “grade” is substituted for the word “rank”. The words “To be eligible for appointment as * * * a person must be” are substituted for the words “each * * * shall be”. The words “of that jurisdiction” are substituted for the words “of the Territory for which he is appointed”.

In subsection (c), the word “Regular” is inserted as an implication of 10:998 (last 2 words). The words “commanding general” are substituted for the words “brigadier general commanding”, since the commanding general might hold another grade.

The words “basic pay” are substituted for the words “active service pay” to conform to section 201 of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 232). The word “grade” is substituted for the word “rank”.

In subsection (d), the words “at such times and in such form” are omitted as covered by the words “such returns and reports as the Secretary * * * may prescribe”.

Editorial Notes

Amendments1958–2006 · 5 rounds

2006

Subsecs. (a), (d). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”.

1991

Subsec. (b). Pub. L. 102–190 struck out “each Territory and” before “the District of Columbia” in first sentence, and struck out at end “To be eligible for appointment as adjutant general of a Territory, a person must be a citizen of that jurisdiction.”

1990

Subsec. (d). Pub. L. 101–510 struck out at end “Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.”

1988

Subsec. (a). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.

Subsec. (b). Pub. L. 100–456, § 1234(b)(5), struck out “, the Canal Zone,” after “each Territory” and “or the Canal Zone” after “a Territory”.

Subsec. (d). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.

1958

Subsec. (b). Pub. L. 85–894 struck out “Puerto Rico” in two places.

Credits

1956–2006 · 6 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 604
  2. 1958Pub. L. 85–894, , 72 Stat. 1713
  3. 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (5), , 102 Stat. 2059
  4. 1990Pub. L. 101–510, div. A, title XIII, § 1322(b), , 104 Stat. 1672
  5. 1991Pub. L. 102–190, div. A, title V, § 553, , 105 Stat. 1371
  6. 2006Pub. L. 109–163, div. A, title X, § 1057(b)(2), , 119 Stat. 3441.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85–894, , 72 Stat. 1713; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (5), , 102 Stat. 2059; Pub. L. 101–510, div. A, title XIII, § 1322(b), , 104 Stat. 1672; Pub. L. 102–190, div. A, title V, § 553, , 105 Stat. 1371; Pub. L. 109–163, div. A, title X, § 1057(b)(2), , 119 Stat. 3441.)

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USLM identifier /us/usc/t32/s314