32 U.S.C. § 307 — Federal recognition of officers: examina-

Page 20 TITLE 32—NATIONAL GUARD § 307 1958 ACT Section of title 32 Source (U.S. Code) Source (Statutes at Large) 305(b) ...... 32 App.:4 (less applica- bility to age). July 30, 1956, ch. 789, §§ 2 (less applicability to age), 3, 70 Stat. 729. The words ‘‘who are citizens of the United States’’ are omitted as covered by section 313(b) of this title. The words ‘‘with a view to serving’’ are substituted for the words ‘‘to serve’’. The words ‘‘and have the physical and other qualifications prescribed by the Secretary of the Army’’ and section 3 of the source statute are omit- ted as covered by section 307(a)(2) of this title. The ap- plicability of section 3 of the source statute to section 1 of the source statute is omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Subsec. (a)(5). Pub. L. 111–383 substituted ‘‘the United States Coast Guard Academy, or the United States Merchant Marine Academy’’ for ‘‘or the United States Coast Guard Academy’’. 2004—Subsec. (a)(2) to (4). Pub. L. 108–375, § 505(1), sub- stituted ‘‘armed forces’’ for ‘‘Army, Navy, Air Force, or Marine Corps’’. Subsec. (a)(5). Pub. L. 108–375, § 505(2), substituted ‘‘the United States Air Force Academy, or the United States Coast Guard Academy’’ for ‘‘or the United States Air Force Academy’’. 1967—Subsec. (a). Pub. L. 90–130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eli- gible for Federal recognition as commissioned officers of the National Guard. Subsec. (b). Pub. L. 90–130, § 2(1)(B), (C), struck out provision that women are eligible for Federal recogni- tion as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted ‘‘person’’ for ‘‘woman’’ in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse. 1958—Subsec. (a). Pub. L. 85–861, § 2(5)(A), designated existing provisions as subsec. (a) and substituted ‘‘Ex- cept as provided in subsection (b), only male persons’’ for ‘‘Only persons’’. Subsec. (b). Pub. L. 85–861, § 2(5)(B), added subsec. (b). § 307. Federal recognition of officers: examina- tion; 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, po- sition, and type of unit or organization in- volved; 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. (b) The examination prescribed by subsection (a)— (1) shall be conducted, for the Army Na- tional Guard, by a board of three commis- sioned 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 offi- cers 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 rec- ognition for the office for which he was found qualified. If he is originally appointed or pro- moted within two years to that office, he is enti- tled to Federal recognition without further ex- amination, 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 extended to each of- ficer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for ap- pointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appoint- ment in the Army National Guard or the Air Na- tional Guard, as the case may be. (e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that re- serve grade. (f) Federal recognition extended under sub- section (d) or (e) is effective from the date of ap- pointment in the Army National Guard or the Air National Guard, as the case may be. (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(6), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92–492, § 2(b), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–535, Dec. 16, 1980, 94 Stat. 3165; Pub. L. 103–337, div. A, title XVI, § 1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 307(a) ...... 307(b) ...... 307(c) ...... 307(d) ...... 32:113 (1st sentence). 32:111 (37th through 54th words). 50:1113(a) (as applicable to officers). 32:113 (2d sentence and 1st 24 words of 3d sen- tence). 32:113 (3d sentence, less 1st 24 words). 50:1115(a) (less last 39 words). June 3, 1916, ch. 134, § 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (39th through 56th words), 41 Stat. 781. June 3, 1916, ch. 134, § 75; restated June 15, 1933, ch. 87, § 12, 48 Stat. 158; July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505. July 9, 1952, ch. 608, §§ 703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. In subsection (b), the words ‘‘prescribed by subsection (a)’’ are substituted for the words ‘‘to determine such qualifications for appointment’’. The word ‘‘des- ignated’’ is substituted for the word ‘‘appointed’’, since the filling of the positions involved is not an appoint- 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.