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32 U.S.C. § 315 — Detail of regular members of Army and Air Force to duty with National Guard
Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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.
**(b)** 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.
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Source file: Laws/federal/codes/united-states-code/title-32/section-315-detail-of-regular-members-of-army-and-air-force-to-duty-with-national-gu--ece31b98fd.md
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Source location: Title 32, Chapter 3, § 315; chapter-003-personnel.md
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**(a)** 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.
**(b)** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 325
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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
Page 24
TITLE 32—NATIONAL GUARD
§ 315
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 ap-
pointment 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 Ter-
ritory for which he is appointed’’.
In subsection (c), the word ‘‘Regular’’ is inserted as
an implication of 10:998 (last 2 words). The words ‘‘com-
manding general’’ are substituted for the words ‘‘briga-
dier general commanding’’, since the commanding gen-
eral 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 pre-
scribe’’.
Editorial Notes
AMENDMENTS
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 Colum-
bia’’.
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
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 315
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