§ 325. Relief from National Guard duty when ordered to active duty

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. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 607 · 70A Stat. 607

   Enacted · 32 U.S.C. § 325

   Aug. 10, 1956, ch. 1041, 70A Stat. 607

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 607

2. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XII § 1234(b)(6) · 102 Stat. 1918

   Struck · 32 U.S.C. § 325(a)

   Pub. L. 100–456 struck out “, the Canal Zone,” after “Puerto Rico”

   Source evidence

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

   Enacted provision · exact public law section
   (6) Sections 324(b) and 325(a) are each amended by striking out“, the Canal Zone,”.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 516(a) · 117 Stat. 1392

   1. Substituted · 32 U.S.C. § 325(a)

      Pub. L. 108–136, § 516(a), substituted “(a) Relief Required.—(1) Except as provided in paragraph (2), each” for “(a) Each”

   2. Added · 32 U.S.C. § 325(a)

      Pub. L. 108–136, § 516(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–136, § 516(a), substituted “(a) Relief Required.—(1) Except as provided in paragraph (2), each” for “(a) Each” and added par. (2).

   Enacted provision · exact public law section
   (a) Continuation in State Status.— Subsection (a) of section 325 of title 32, United States Code, is amended— (1) by striking “(a) Each” and inserting “(a) Relief Required.—(1) Except as provided in paragraph (2), each”; and (2) by adding at the end the following new paragraph: “(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State or Territory, or of Puerto Rico or the District of Columbia, under paragraph (1) while serving on active duty in command of a National Guard unit if— “(A) the President authorizes such service in both duty statuses; and “(B) the Governor of his State or Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.” .

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 516(b) · 117 Stat. 1392

   Inserted · 32 U.S.C. § 325(b)

   Pub. L. 108–136, § 516(b), inserted heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–136, § 516(b), inserted heading.

   Enacted provision · exact public law section
   (b) Format Amendment.— Subsection (b) of such section is amended by inserting “Return to State Status.—” after “(b)”.

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title X § 1057(b)(6) · 119 Stat. 3136

   Substituted · 32 U.S.C. § 325(a)

   Pub. L. 109–163 substituted “State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands” for “State or Territory, or of Puerto Rico” in par. (1) and introductory provisions of par. (2) and “State or Territory or Puerto Rico” in par. (2)(B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–163 substituted “State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands” for “State or Territory, or of Puerto Rico” in par. (1) and introductory provisions of par. (2) and “State or Territory or Puerto Rico” in par. (2)(B).

   Enacted provision · exact public law section
   (6) Section 325 is amended by striking “State or Territory, or of Puerto Rico” and “State or Territory or Puerto Rico” each place they appear and inserting “State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands”.

6. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 517(a) · 122 Stat. 4356

   Struck · 32 U.S.C. § 325(a)(2)

   Pub. L. 110–417, § 517(a), struck out “in command of a National Guard unit” after “active duty” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 110–417, § 517(a), struck out “in command of a National Guard unit” after “active duty” in introductory provisions.

   Enacted provision · exact public law section
   (a) Dual Duty Status Authorized for Any Officer on Active Duty.— Subsection (a)(2) of section 325 of title 32, United States Code, is amended by striking “in command of a National Guard unit”.

7. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 517(b) · 122 Stat. 4356

   1. Added · 32 U.S.C. § 325(b); 32 U.S.C. § 325(c)

      Pub. L. 110–417, § 517(b), added subsec. (b)

   2. Redesignated · 32 U.S.C. § 325(b); 32 U.S.C. § 325(c)

      Pub. L. 110–417, § 517(b), redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 110–417, § 517(b), added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   (b) Advance Authorization and Consent to Dual Duty Status.— Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): “(b) Advance Authorization and Consent.— The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.” .

8 of 9 references resolved to an enrolled provision · 1 partial