32 U.S.C. § 314 — Adjutants general

Page 23 TITLE 32—NATIONAL GUARD § 314 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. § 312. Appointment oath Each person who is appointed as an officer of the National Guard shall subscribe to the fol- lowing oath: ‘‘I, llllll, do solemnly swear (or af- firm) that I will support and defend the Con- stitution of the United States and the Con- stitution of the State of llllll against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of llllll, that I make this obliga- tion freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of llll in the National Guard of the State of llllll upon which I am about to enter, so help me God.’’ (Aug. 10, 1956, ch. 1041, 70A Stat. 603.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 312 .......... 32:112. June 3, 1916, ch. 134, § 73 (1st par.); restated June 15, 1933, ch. 87, § 11 (1st par.), 48 Stat. 157; July 9, 1952, ch. 608, § 806(c), 66 Stat. 507. The words ‘‘Each person who is appointed as an’’ are inserted for clarity. § 313. Appointments and enlistments: age limita- tions (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age. (b) To be eligible for appointment as an officer of the National Guard, a person must— (1) be a citizen of the United States; and (2) be at least 18 years of age and under 64. (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85–861, § 2(9), Sept. 2, 1958, 72 Stat. 1544; Pub. L. 90–130, § 2(2), Nov. 8, 1967, 81 Stat. 383.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 313(a) ...... 313(b) ...... 32:4 (less 22 words before proviso). 32:4 (22 words before pro- viso). June 3, 1916, ch. 134, § 58; restated Feb. 28, 1925, ch. 371, § 1 (1st par.); re- stated June 15, 1933, ch. 87, § 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, § 2, 49 Stat. 391; June 28, 1947, ch. 162, § 7 (less applicability to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, §§ 803 (8th par.), 806(j), 66 Stat. 505, 508. In subsection (a), 32:4 (1st 19 words) is omitted as cov- ered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words ‘‘under 64’’ are substituted for the words ‘‘not more than sixty-four’’ to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word ‘‘Regular’’ is inserted before the words ‘‘Navy’’ and ‘‘Marine Corps’’. The words ‘‘Regular Air Force’’ are inserted to complete the coverage of the re- vised section. The word ‘‘reenlistment’’ is substituted for the words ‘‘subsequent enlistment’’. 1958 ACT Section of title 32 Source (U.S. Code) Source (Statutes at Large) 313(b) ...... 32 App.:4 (as applicable to age). July 30, 1956, ch. 789, § 2 (as applicable to age), 70 Stat. 729. Editorial Notes AMENDMENTS 1967—Subsec. (b)(3). Pub. L. 90–130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the Na- tional Guard. 1958—Subsec. (b). Pub. L. 85–861 inserted qualifica- tions for appointment of women with a view to serving as nurses or medical specialists. § 314. Adjutants general (a) There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Is- lands. He shall perform the duties prescribed by the laws of that jurisdiction. (b) The President shall appoint the adjutant general of the District of Columbia and pre- scribe his grade and qualifications. (c) The President may detail as adjutant gen- eral of the District of Columbia any retired com- missioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade. (d) The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and of- ficers of the National Guard, shall make such re- turns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him. (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85–894, Sept. 2, 1958, 72 Stat. 1713; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (5), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XIII, § 1322(b), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title V, § 553, Dec. 5, 1991, 105 Stat. 1371; Pub. L. 109–163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 314(a) ...... 314(b) ...... 314(c) ...... 314(d) ...... 32:11. 32:12. 10:998. 32:13. 32:14. Jan. 21, 1903, ch. 196, § 12, 32 Stat. 776. June 6, 1900, ch. 811, 31 Stat. 671. June 3, 1916, ch. 134, § 66, 39 Stat. 199. 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 of a Territory, a per- son must be a citizen of that jurisdiction.’’ 1990—Subsec. (d). Pub. L. 101–510 struck out at end ‘‘Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.’’ 1988—Subsec. (a). Pub. L. 100–456, § 1234(b)(1), struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. Subsec. (b). Pub. L. 100–456, § 1234(b)(5), struck out ‘‘, the Canal Zone,’’ after ‘‘each Territory’’ and ‘‘or the Canal Zone’’ after ‘‘a Territory’’. Subsec. (d). Pub. L. 100–456, § 1234(b)(1), struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1958—Subsec. (b). Pub. L. 85–894 struck out ‘‘Puerto Rico’’ in two places. § 315. Detail of regular members of Army and Air Force to duty with National Guard (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 Is- lands. The Secretary of the Air Force shall de- tail 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 appoint- ment. (b) The Secretary of the Army may detail en- listed 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 Com- monwealth of Puerto Rico, the District of Co- lumbia, Guam, and the Virgin Islands. (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 315(a) ...... 315(b) ...... 32:68 (less 2d sentence). 32:69. 32:68 (2d sentence). June 3, 1916, ch. 134, § 100, 39 Stat. 208. In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the as- signment or detail of retired officers to that duty are covered by section 3504(a) or 8504(a) of title 10. The words ‘‘of the active list’’, in 32:68, are omitted for the same reason. The words ‘‘so detailed’’ are substituted for the words ‘‘detailed under section 68 of this title’’, in 32:69. The words ‘‘relative or lineal’’, in 32:69, are omitted as surplusage. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘State, the Com- monwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands’’ for ‘‘State and Terri- tory, Puerto Rico, and the District of Columbia’’ wher- ever appearing. 1988—Subsecs. (a), (b). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. Executive Documents DELEGATION OF FUNCTIONS AND AUTHORITY UNDER SECTIONS 315 AND 325 OF TITLE 32, UNITED STATES CODE Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, provided: Memorandum for the Secretary of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you: (a) the functions and authority of the President contained in section 315 of title 32, United States Code, to permit a commissioned officer of the Regular Army or Regular Air Force to ac- cept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable at your discretion, without prejudicing his or her rank and without vacating his or her regular appointment; and (b) the functions and authority of the President contained in section 325 of title 32, United States Code, to authorize the service of an officer of the Army Na- tional Guard or the Air National Guard on active duty without relieving that officer from duty in the Na- tional Guard of his or her State, or of the Common- wealth of Puerto Rico, Guam, or the United States Vir- gin Islands, or the District of Columbia and to give such authorization in advance for the purpose of estab- lishing the succession of command of a unit. This delegation of functions and authority supersedes and replaces the July 23, 2004, delegation to the Sec- retary of Defense of the functions and authority of the President contained in section 325 of title 32, United States Code. You are further authorized and directed to make nec- essary arrangements to fund the exercise of these func- tions and authority from the proper appropriation, pre-