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§ 314. —  Adjutants general.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 32USC314]

 
                        TITLE 32--NATIONAL GUARD
 
                          CHAPTER 3--PERSONNEL
 
Sec. 314. Adjutants general

    (a) There shall be an adjutant general in each State and Territory, 
Puerto Rico, and the District of Columbia. 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 prescribe his grade and qualifications.
    (c) The President may detail as adjutant general of the District of 
Columbia any retired commissioned 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 and Territory, Puerto Rico, 
and the District of Columbia, and officers of the National Guard, shall 
make such returns 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, Sec. 1234(b)(1), (5), 
Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101-510, div. A, title XIII, 
Sec. 1322(b), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102-190, div. A, 
title V, Sec. 553, Dec. 5, 1991, 105 Stat. 1371.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
314(a)................................  32:11.                               Jan. 21, 1903, ch. 196, Sec.  12,
314(b)................................  32:12.                                32 Stat. 776.
314(c)................................  10:998.                              June 6, 1900, ch. 811, 31 Stat.
314(d)................................  32:13.                                671.
                                        32:14.                               June 3, 1916, ch. 134, Sec.  66, 39
                                                                              Stat. 199.
----------------------------------------------------------------------------------------------------------------

    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, Sec. 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 appointment 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 
Territory for which he is appointed''.
    In subsection (c), the word ``Regular'' is inserted as an 
implication of 10:998 (last 2 words). The words ``commanding general'' 
are substituted for the words ``brigadier general commanding'', since 
the commanding general 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 prescribe''.


                               Amendments

    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 person 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, Sec. 1234(b)(1), struck out 
``the Canal Zone,'' after ``Puerto Rico,''.
    Subsec. (b). Pub. L. 100-456, Sec. 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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 709 of this title; title 10 
section 1370.



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