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50 U.S.C. § 1111 to 1124 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1111 to 1124 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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Source file: Laws/federal/codes/united-states-code/title-50/section-1111-to-1124-50-u-s-c-1111-to-1124-repealed-aug-10-1956-ch-1041-53-70a-stat-641--1f2b7dfeb3.md
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Source location: Title 50, Chapter 25, § 1111 to 1124; chapter-025-armed-forces-reserve.md

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### Statutory Notes Section 1111, act July 9, 1952, ch. 608, pt. VII, § 701, 66 Stat. 501, provided that National Guard and Air National Guard are reserve components of Army and Air Force. See sections 10105 and 10111 of Title 10, Armed Forces. Section 1112, act July 9, 1952, ch. 608, pt. VII, § 702, 66 Stat. 501, related to composition of National Guard and Air National Guard. See sections 101, 10105, and 10111 of Title 10, Armed Forces, and [section 101 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section101&num=0&edition=prelim), National Guard. Section 1113, act July 9, 1952, ch. 608, pt. VII, § 703, 66 Stat. 502, related to Federal recognition and appointments. See sections 12211 and 12212 of Title 10, Armed Forces, and sections 301, 307 of Title 32, National Guard. Section 1114, act July 9, 1952, ch. 608, pt. VII, § 704, 66 Stat. 502, related to temporary extension of Federal recognition to any officer of National Guard or Air National Guard. See sections 12211 and 12212 of Title 10, Armed Forces, and [section 308 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section308&num=0&edition=prelim), National Guard. Section 1115, act July 9, 1952, ch. 608, pt. VII, § 705, 66 Stat. 502, related to transfers from Army Reserve or Air Force Reserve to National Guard or Air National Guard. See sections 12107, 12211, and 12212 of Title 10, Armed Forces, and [section 307 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim), National Guard. Section 1116, act July 9, 1952, ch. 608, pt. VII, § 706, 66 Stat. 503, related to transfers from National Guard or Air National Guard to Army Reserve or Air Force Reserve. See sections 12105, 12213, and 12214 of Title 10, Armed Forces, and [section 323 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section323&num=0&edition=prelim), National Guard. Section 1117, act July 9, 1952, ch. 608, pt. VII, § 707, 66 Stat. 503, provided for automatic transfers. See sections 12106, 12213, and 12214 of Title 10, Armed Forces. Section 1118, acts July 9, 1952, ch. 608, pt. VII, § 708, 66 Stat. 503; Sept. 3, 1954, ch. 1257, title VII, § 702(e), 68 Stat. 1189, permitted warrant officers and enlisted members of National Guard and of Air National Guard of United States to hold appointments as Reserve commissioned officers of Army or of Air Force, provided for determination of their status. Section 1119, act July 9, 1952, ch. 608, pt. VII, § 709, 66 Stat. 503, provided for training in State status. See sections 10107, 10113, and 12401 of Title 10. Section 1120, act July 9, 1952, ch. 608, pt. VII, § 710, 66 Stat. 503, provided for relief from National Guard duty when ordered to active duty. See [section 325 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section325&num=0&edition=prelim), National Guard. Section 1121, act July 9, 1952, ch. 608, pt. VII, § 711, 66 Stat. 504, related to relief from liability for issued United States property. See [section 704 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section704&num=0&edition=prelim). Section 1122, act July 9, 1952, ch. 608, pt. VII, § 712, 66 Stat. 504, related to maintenance of integrity of units, and to return to State status. See [section 12404 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12404&num=0&edition=prelim), Armed Forces, and sections 325 and 706 of Title 32, National Guard. Section 1123, act July 9, 1952, ch. 608, pt. VII, § 713, 66 Stat. 504, related to Federal status of personnel ordered to active duty. See sections 12211, 12212, and 12403 of Title 10, Armed Forces. Section 1124, act July 9, 1952, ch. 608, pt. VII, § 714, 66 Stat. 504, related to benefits for members of National Guard of United States. See [section 12602 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12602&num=0&edition=prelim), Armed Forces, and [section 501(c) of Title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section501/c&num=0&edition=prelim), Pay and Allowances of the Uniformed Services.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 325 — Relief from National Guard duty when ordered to active duty

**(a) Relief Required.—** (1) Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty. (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 of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if— (A) the President authorizes such service in both duty statuses; and (B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses. **(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. **(c) Return to State Status.—** So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 704 — Accountability: relief from upon order to active duty

Upon ordering any part of the Army National Guard of the United States or the Air National Guard of the United States to active duty, the President may, upon such terms as he may prescribe, relieve the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands, whichever is concerned, of accountability for property of the United States previously issued to it for the use of that part.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 308 — Federal recognition of officers: temporary recognition

**(a)** The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in [section 307(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307/b&num=0&edition=prelim), pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date. **(b)** To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12602 — Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of National Guard

**(a)** For the purposes of laws providing benefits for members of the Army National Guard of the United States and their dependents and beneficiaries— (1) military training, duty, or other service performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Army; (2) full-time National Guard duty performed by a member of the Army National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Army; and (3) inactive-duty training performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard, in accordance with regulations prescribed under [section 502 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502&num=0&edition=prelim) or other express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Army. **(b)** For the purposes of laws providing benefits for members of the Air National Guard of the United States and their dependents and beneficiaries— (1) military training, duty, or other service performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Air Force; (2) full-time National Guard duty performed by a member of the Air National Guard of the United States shall be considered active duty in Federal ser

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 101 — Definitions

In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title: (1) For purposes of other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the term “Territory” includes Guam and the Virgin Islands. (2) “Armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (3) “National Guard” means the Army National Guard and the Air National Guard. (4) “Army National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that— (A) is a land force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (5) “Army National Guard of the United States” means the reserve component of the Army all of whose members are members of the Army National Guard. (6) “Air National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that— (A) is an air force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (7) “Air National Guard of the United States” means the reserve component of the Air Force all of whose members are members of the Air National Guard. (8) “Officer” means commissioned or warrant officer. (9) “Enlisted member” means a person enlisted in, or inducted, call

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 323 — Withdrawal of Federal recognition

**(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

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 307 — Federal recognition of officers: examination; certificate of eligibility

**(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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12404 — Army and Air National Guard of the United States: mobilization; maintenance of organization

During an initial mobilization, the organization of a unit of the Army National Guard of the United States or of the Air National Guard of the United States ordered into active Federal service shall, so far as practicable, be maintained as it existed on the date of the order to duty.

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