§ 307. — Federal recognition of officers: examination; certificate of eligibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC307]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 307. Federal recognition of officers: examination;
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, position, and type of unit or
organization involved; 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 National Guard, by a board
of three commissioned 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 officers 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 recognition for the office for which he was found qualified. If
he is originally appointed or promoted within two years to that office,
he is entitled to Federal recognition without further examination,
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 officer 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 appointment as an officer of the Air
National Guard. Federal recognition extended under this subsection is
effective from the date of appointment in the Army National Guard or the
Air National 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 reserve grade.
(f) Federal recognition extended under subsection (d) or (e) is
effective from the date of appointment 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, Sec. 2(6),
Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92-492, Sec. 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, Sec. 1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.)
Historical and Revision Notes
1956 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
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307(a)................................ 32:113 (1st sentence). June 3, 1916, ch. 134, Sec. 74
32:111 (37th through 54th words). (39th through 56th words);
50:1113(a) (as applicable to restated June 4, 1920, ch. 227,
officers). subch. I, Sec. 41 (39th through
32:113 (2d sentence and 1st 24 56th words), 41 Stat. 781.
307(b)................................ words of 3d sentence). June 3, 1916, ch. 134, Sec. 75;
32:113 (3d sentence, less 1st 24 restated June 15, 1933, ch. 87,
words). Sec. 12, 48 Stat. 158; July 9,
307(c)................................ 50:1115(a) (less last 39 words). 1952, ch. 608, Sec. 803 (10th
par.), 66 Stat. 505.
307(d)................................
................................... July 9, 1952, ch. 608, Secs.
703(a) (as applicable to
officers), 705(a) (less last 39
words), 66 Stat. 502.
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In subsection (b), the words ``prescribed by subsection (a)'' are
substituted for the words ``to determine such qualifications for
appointment''. The word ``designated'' is substituted for the word
``appointed'', since the filling of the positions involved is not an
appointment 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 inserted for clarity. The words ``that office'' are substituted 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 covered by the words of
exception in revised subsection (a). The words ``Subject to subsection
(a)(1) and (2)'' are inserted, since 50:1115(a) (less last 39 words) was
not an exception to that part of 50:1113 relating to qualifications
prescribed by the Secretary, or to the requirement 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
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Section of title 32 Source (U.S. Code) Source (Statutes at Large)
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307(a)................................ 50:1349(b) (1st sentence). Sept. 3, 1954, ch. 1257, Sec.
307(e)................................ 50:1349(b) (less 1st sentence, and 519(b), 68 Stat. 1179.
less 36th through 58th words of 2d
sentence).
307(f)................................ 50:1349(b) (36th through 58th words
of 2d sentence).
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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 prescribed by the Secretary, or to the
requirement that only members of federally recognized units can be
federally recognized. The words ``without the examination prescribed in
section 113 of Title 32'' are omitted as covered 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).
Amendments
1994--Subsec. (a)(3). Pub. L. 103-337 struck out ``and sections 8365
and 8366 of title 10'' after ``of this section''.
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, Sec. 2(6)(A), substituted
``subsections (d) and (e) of this section and sections 8365 and 8366 of
title 10'' for ``subsection (d)''.
Subsecs. (e), (f). Pub. L. 85-861, Sec. 2(6)(B), added subsecs. (e)
and (f).
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.
Section Referred to in Other Sections
This section is referred to in sections 111, 308, 310 of this title;
title 10 sections 1370, 14301, 14308, 14316.
