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§ 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
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
          Section of title 32                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------

    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.



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