Title 32 — National Guard
Chapter 3 — Personnel
§ 315. Detail of regular members of Army and Air Force to duty with National Guard
Statutory text
The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President’s discretion, without prejudicing his rank and without vacating his regular appointment.
The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
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. 604 · 70A Stat. 604
Enacted · 32 U.S.C. § 315
Aug. 10, 1956, ch. 1041, 70A Stat. 604
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 604National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1234(b)(1) · 102 Stat. 1918
Struck · 32 U.S.C. § 315(a); 32 U.S.C. § 315(b)
Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 100–456 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,”.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. § 315
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” wherever appearing
Source evidence
Code amendment note
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” wherever appearing.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”.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 315(a) 315(b) | 32:68 (less 2d sentence).32:69.32:68 (2d sentence). | June 3, 1916, ch. 134, § 100, 39 Stat. 208. |
In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the assignment or detail of retired officers to that duty are covered by section 3504(a) or 8504(a) of title 10. The words “of the active list”, in 32:68, are omitted for the same reason. The words “so detailed” are substituted for the words “detailed under section 68 of this title”, in 32:69. The words “relative or lineal”, in 32:69, are omitted as surplusage.
Editorial Notes
Amendments1988–2006 · 2 rounds
2006
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” wherever appearing.
1988
Subsecs. (a), (b). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
Executive Documents
Delegation of Functions and Authority Under Sections 315 and 325 of Title 32, United States Code
Memorandum of President of the United States, , 76 F.R. 22003, provided:
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you: (a) the functions and authority of the President contained in section 315 of title 32, United States Code, to permit a commissioned officer of the Regular Army or Regular Air Force to accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable at your discretion, without prejudicing his or her rank and without vacating his or her regular appointment; and (b) the functions and authority of the President contained in section 325 of title 32, United States Code, to authorize the service of an officer of the Army National Guard or the Air National Guard on active duty without relieving that officer from duty in the National Guard of his or her State, or of the Commonwealth of Puerto Rico, Guam, or the United States Virgin Islands, or the District of Columbia and to give such authorization in advance for the purpose of establishing the succession of command of a unit.
This delegation of functions and authority supersedes and replaces the , delegation to the Secretary of Defense of the functions and authority of the President contained in section 325 of title 32, United States Code.
You are further authorized and directed to make necessary arrangements to fund the exercise of these functions and authority from the proper appropriation, prescribe regulations to implement these functions and authority, and to publish this memorandum in the Federal Register.
Barack Obama.
Credits
1956–2006 · 3 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 604
- 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059
- 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. 100–456, div. A, title XII, § 1234(b)(1), , 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2), , 119 Stat. 3441.)