32 U.S.C. § 309 — Federal recognition of National Guard offi-

Page 21 TITLE 32—NATIONAL GUARD § 309 ment to office in the constitutional sense. The words ‘‘of an individual as an officer or warrant officer’’ are omitted as surplusage. In subsection (c), the word ‘‘originally’’ is inserted for clarity. The words ‘‘If such a board finds a person’’ are substituted for the words ‘‘if the applicant has been found’’. The words ‘‘for individual Federal recognition for the office for which he was found qualified’’ are in- serted for clarity. The words ‘‘that office’’ are sub- stituted for the words ‘‘the office for which he was found qualified’’. In subsection (d), the words ‘‘Notwithstanding the provisions of section 113 of Title 32’’ are omitted as cov- ered by the words of exception in revised subsection (a). The words ‘‘Subject to subsection (a)(1) and (2)’’ are in- serted, since 50:1115(a) (less last 39 words) was not an exception to that part of 50:1113 relating to qualifica- tions prescribed by the Secretary, or to the require- ment that only members of federally recognized units can be federally recognized. The words ‘‘in his reserve grade’’ are substituted for the words ‘‘in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States’’. The last sentence is inserted for clarity. 1958 ACT Section of title 32 Source (U.S. Code) Source (Statutes at Large) 307(a) ...... 307(e) ...... 50:1349(b) (1st sentence). 50:1349(b) (less 1st sen- tence, and less 36th through 58th words of 2d sentence). Sept. 3, 1954, ch. 1257, § 519(b), 68 Stat. 1179. 307(f) ....... 50:1349(b) (36th through 58th words of 2d sen- tence). In subsection (e), the words ‘‘to subsection (a)(1) and (2)’’ are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications pre- scribed by the Secretary, or to the requirement that only members of federally recognized units can be fed- erally recognized. The words ‘‘without the examination prescribed in section 113 of Title 32’’ are omitted as cov- ered by the words of exception in revised subsection (a). The last 37 words are substituted for 50:1349(b) (last 29 words of 2d sentence; and last sentence). Editorial Notes AMENDMENTS 1994—Subsec. (a)(3). Pub. L. 103–337 struck out ‘‘and sections 8365 and 8366 of title 10’’ after ‘‘of this sec- tion’’. 1980—Subsec. (g). Pub. L. 96–535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel. 1972—Subsec. (g). Pub. L. 92–492 added subsec. (g). 1958—Subsec. (a)(3). Pub. L. 85–861, § 2(6)(A), sub- stituted ‘‘subsections (d) and (e) of this section and sec- tions 8365 and 8366 of title 10’’ for ‘‘subsection (d)’’. Subsecs. (e), (f). Pub. L. 85–861, § 2(6)(B), added sub- secs. (e) and (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. SUSPENSION OF SUBSECTION (e) OF THIS SECTION For authority of the President to suspend subsec. (e) of this section in time of war or emergency declared by Congress, see section 111 of this title. § 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 pre- scribed in section 307(b) of this title, 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 ex- tended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent rec- ognition 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 rec- ognition under subsection (a), a person must take an oath that during the period of tem- porary 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110–181, div. A, title V, § 514, Jan. 28, 2008, 122 Stat. 99.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 308(a) ...... 308(b) ...... 50:1114 (less 2d and 3d sentences). 50:1114 (3d sentence). July 9, 1952, ch. 608, § 704 (less 2d sentence), 66 Stat. 502. In subsection (a), the words ‘‘by regulations’’ are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statu- tory functions. The words ‘‘as an officer of the Army National Guard to any person’’ are substituted for the words ‘‘to any officer of the National Guard or Air Na- tional Guard’’. The second sentence is inserted for clar- ity. The words ‘‘successfully’’, ‘‘final determination of his eligibility for, and’’, ‘‘in the grade concerned’’, and ‘‘automatically’’ are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage. In subsection (b), the words ‘‘To be eligible for tem- porary Federal recognition under subsection (a), a per- son’’ are substituted for the words ‘‘However, a tem- porary extension of Federal recognition shall be grant- ed only when the officer’’. The words ‘‘the period of temporary recognition’’ are substituted for the words ‘‘such recognition’’. The words ‘‘and obligations re- quired of him’’ and ‘‘in the same grade’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘one year’’ for ‘‘six months’’ in last sentence. § 309. Federal recognition of National Guard offi- cers: officers promoted to fill vacancies Each officer of the National Guard who is pro- moted 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, shall be examined for Federal recognition in the grade to which the officer is promoted. Page 22 TITLE 32—NATIONAL GUARD § 310 (Added Pub. L. 85–861, § 2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103–337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2963.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 309 .......... 50:1251. Sept. 3, 1954, ch. 1257, § 319, 68 Stat. 1160. The words ‘‘authorized under section 1227(a) of this title’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 substituted ‘‘National Guard of- ficers: officers’’ for ‘‘officers: Army National Guard; of- ficers’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit thereof, and who is eligible for promotion under section 3363(b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the next higher grade without regard to section 3363(b) of title 10.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effec- tive Date note under section 10001 of Title 10, Armed Forces. SUSPENSION OF THIS SECTION For authority of the President to suspend this sec- tion in time of war or emergency declared by Congress, see section 111 of this title. § 310. Federal recognition of National Guard offi- cers: automatic recognition (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 lieuten- ant 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 and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has re- mained 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 rec- ognized unit in the National Guard, Federal rec- ognition is automatically extended to that offi- cer in the grade of chief warrant officer, W–2, ef- fective 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, 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 high- er grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically ex- tended to that officer in the grade in which the officer is so appointed in the National Guard if the officer has been recommended for promotion under chapter 1405 of title 10 and has remained in an active status since the officer was so rec- ommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the National Guard. (Added Pub. L. 85–861, § 2(7), Sept. 2, 1958, 72 Stat. 1544; amended Pub. L. 103–337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2964; Pub. L. 112–239, div. A, title V, § 512, Jan. 2, 2013, 126 Stat. 1718.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 310(a) ...... 310(b) ...... 50:1252 (less (2)). 50:1252(2). Sept. 3, 1954, ch. 1257, § 320, 68 Stat. 1160. In subsections (a) and (b), the words ‘‘federally recog- nized’’ are inserted for clarity. In subsection (a), the words ‘‘or the date of the pro- motion, whichever is later’’ are omitted as inconsistent with section 3820(c) of title 10, requiring the discharge of each second lieutenant who is not promoted by the time he has three years of service. (See opinion of the Judge Advocate General of the Army (JAGA 1957/1019, Jan. 7, 1957).) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 112–239 designated existing provisions as par. (1) and added par. (2). 1994—Pub. L. 103–337 substituted ‘‘National Guard of- ficers:’’ for ‘‘officers: Army National Guard;’’ in section catchline and amended text generally. Prior to amend- ment, text read as follows: ‘‘(a) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the Army National Guard is promoted to the grade of first lieutenant to fill a va- cancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade of first lieutenant, effective as of the date on which he completes three years of service computed under section 3360(a) of title 10. ‘‘(b) Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the Army National Guard to fill a vacancy in a federally recognized unit thereof, Federal recognition is automatically extended to him in the grade in which he is so appointed in the Army National Guard, if he has been recommended for promotion to the grade con- cerned under section 3366, 3367, 3370, or 3383 of title 10 and has remained in an active status since he was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the Army National Guard.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Ef- fective Date note under section 10001 of Title 10, Armed Forces.