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32 U.S.C. § 111 — Suspension of certain provisions of this title
Federal law — U.S. Code and appendices · legal_authorities
In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) 11 See References in Text note below. of this title with respect to the Army National Guard or the Air National Guard.
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Source file: Laws/federal/codes/united-states-code/title-32/section-111-suspension-of-certain-provisions-of-this-title--7aabb443b8.md
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Source location: Title 32, Chapter 1, § 111; chapter-001-organization.md
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In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) 11 See References in Text note below. of this title with respect to the Army National Guard or the Air National Guard.
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section312&num=0&edition=prelim).
**(b)** The examination prescribed by subsection (a)—
(1) 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
(2) may be held before original appointment or promotion.
**(c)** 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.
**(d)** Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 307
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Federal law — U.S. Code and appendices · legal_authorities
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in [section 14303 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim), shall be examined for Federal recognition in the grade to which the officer is promoted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 309
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in [section 14303(a)(1) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303/a/1&num=0&edition=prelim) and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended.
(2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W–1, of the National Guard is promoted to the grade of chief warrant officer, W–2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W–2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under [section 12242 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12242&num=0&edition=prelim), if the warrant officer has remained in an active status since the warrant officer was so recommended.
**(b)** Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automaticall
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 310
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever a member of the National Guard ceases to have the qualifications prescribed under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section301&num=0&edition=prelim) or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.
**(b)** Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.
**(c)** If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.
**(d)** The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
shall, if not soo
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 323
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1191, acts Sept. 3, 1954, ch. 1257, title II, § 201, 68 Stat. 1150; June 30, 1955, ch. 247, § 1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See [section 12207 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), Armed Forces, and [section 3738 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3738&num=0&edition=prelim), Coast Guard.
Section 1192, act Sept. 3, 1954, ch. 1257, title II, § 202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and [section 3743 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3743&num=0&edition=prelim), Coast Guard.
Section 1193, act Sept. 3, 1954, ch. 1257, title II, § 203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and [section 3741 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3741&num=0&edition=prelim), Coast Guard.
Section 1194, act Sept. 3, 1954, ch. 1257, title II, § 204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See [section 12645 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), Armed Forces.
Section 1195, acts Sept. 3, 1954, ch. 1257, title II, § 205, 68 Stat. 1151; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218, related to retention of officers with eighteen or more ye
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1191 to 1202
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Federal law — U.S. Code and appendices · legal_authorities
Page 11
TITLE 32—NATIONAL GUARD
§ 112
1 See References in Text note below.
and to conform to subsection (c). The words ‘‘reserve
component of the armed forces’’ are substituted for the
words ‘‘Reserve Forces as defined in section 901 of Title
50’’, since that term is not defined in the Armed Forces
Reserve Act of 1952.
Editorial Notes
AMENDMENTS
2011—Subsecs. (a) to (c). Pub. L. 111–383 amended di-
rectory language of Pub. L. 109–163, § 1057(b)(3). See 2006
Amendment note below.
2006—Subsecs. (a) to (c). Pub. L. 109–163, § 1057(b)(3), as
amended by Pub. L. 111–383, substituted ‘‘State, the
Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, or the Virgin Islands’’ for ‘‘State or Terri-
tory, Puerto Rico, the Virgin Islands, or the District of
Columbia’’.
1988—Subsecs. (a) to (c). Pub. L. 100–456 struck out
‘‘the Canal Zone,’’ after ‘‘Virgin Islands,’’.
1958—Subsecs. (a), (b). Pub. L. 85–861, § 2(2)(A), sub-
stituted ‘‘defense forces authorized by subsection (c)’’
for ‘‘State defense forces’’.
Subsecs. (c) to (e). Pub. L. 85–861, § 2(2)(B), added sub-
secs. (c) to (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2011 AMENDMENT
Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011,
124 Stat. 4377, provided that the amendment made by
section 1075(h)(4)(B) is effective as of Jan. 6, 2006, and as
if included in Pub. L. 109–163 as enacted.
§ 110. Regulations
The President shall prescribe regulations, and
issue orders, necessary to organize, discipline,
and govern the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
110 ..........
32:17.
June 3, 1916, ch. 134, § 118,
39 Stat. 213.
The word ‘‘rules’’ is omitted as
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 111
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