10 U.S.C. § 12210 — Attending Physician to the Congress: re-

Page 3653 TITLE 10—ARMED FORCES § 12211 (b) The enlistment or term of service of a Re- serve who is designated as an officer candidate under this section is extended to include any pe- riod, beyond its normal expiration date, during which he is an officer candidate. (c) While he is on active duty, other than ac- tive duty for training without pay, or per- forming authorized travel to and from that duty, an officer candidate designated under this section is entitled to the pay and allowances of his enlisted grade, but not less than those pre- scribed for pay grade E–2. (d) An officer candidate designated under this section may not participate in the program of a reserve officer training corps of any armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 26, § 600; renum- bered § 12209, Pub. L. 103–337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, § 1501(b)(12)(A), Feb. 10, 1996, 110 Stat. 496.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 600(a) ...... 600(b) ...... 600(c) ...... 600(d) ...... 50:935(a). 50:954(a). 50:973. 50:954(b). July 9, 1952, ch. 608, §§ 215(a), 230, 242, 66 Stat. 486, 489, 492. In subsection (a), the words ‘‘who is not in active Federal service’’ are substituted for the words ‘‘when not in the active military service of the United States’’. The word ‘‘during’’ is substituted for the words ‘‘for the period of’’. In subsection (c), the words ‘‘active duty other than active duty for training without pay’’ are substituted for the words ‘‘active duty or active duty for training with pay’’. The words ‘‘enlisted members of the reserve components designated as’’, ‘‘enlisted’’, and ‘‘under the Career Compensation Act of 1949, as amended’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘candidates: enlisted Reserves’’ for ‘‘candidates’’ in section catchline. 1994—Pub. L. 103–337 renumbered section 600 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. § 12210. Attending Physician to the Congress: re- serve grade While serving as Attending Physician to the Congress, a Reserve holds the reserve grade of major general or rear admiral, as appropriate. (Added Pub. L. 99–661, div. A, title V, § 508(d)(1)(A), Nov. 14, 1986, 100 Stat. 3867, § 600a; renumbered § 12210, Pub. L. 103–337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(12)(B), Feb. 10, 1996, 110 Stat. 496; Pub. L. 109–364, div. A, title V, § 507(a)(2)(A), (B), Oct. 17, 2006, 120 Stat. 2180.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 struck out ‘‘while so serving’’ after ‘‘reserve grade’’ in section catchline and sub- stituted ‘‘holds the reserve grade of major general or rear admiral, as appropriate’’ for ‘‘who holds a reserve grade lower than major general or rear admiral shall hold the reserve grade of major general or rear admiral, as appropriate, if appointed to that grade by the Presi- dent, by and with the advice and consent of the Sen- ate’’ in text. 1996—Pub. L. 104–106 substituted ‘‘Congress: reserve grade while so serving’’ for ‘‘Congress’’ in section catchline. 1994—Pub. L. 103–337 renumbered section 600a of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE Pub. L. 99–661, div. A. title V, § 508(f), Nov. 14, 1986, 100 Stat. 3868, provided that: ‘‘The amendments made by this section [enacting this section and amending sec- tions 1374, 4335, 5149, and 9335 of this title] shall apply only with respect to appointments or details made on or after the date of the enactment of this Act [Nov. 14, 1986].’’ § 12211. Officers: Army National Guard of the United States (a) Upon being federally recognized, an officer of the Army National Guard shall be appointed as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard. However, an officer of the Army Reserve who is federally recognized as an officer of the Army National Guard becomes an officer of the Army National Guard of the United States and ceases to be an officer of the Army Reserve. The acceptance of an appointment as a Reserve for service as a member of the Army National Guard of the United States by an officer of the Army National Guard does not vacate his office in the Army National Guard. (b) When an officer of the Army National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Army National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date. (c) When the Army National Guard of the United States is ordered to active duty, any offi- cer of the Army National Guard who is not a Re- serve of the Army may be appointed by the President as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 193, § 3351; re- numbered § 12211, Pub. L. 103–337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)