Force traveling on duty in connection with the National Guard; (2) the necessary expenses of officers of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army General Staff or the Air Staff, traveling to and from annual conventions of the National Guard Association of the United States or the Adjutants General Association; (3) the transportation of supplies furnished to the National Guard as permanent equipment; (4) the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard; (5) the expenses of the National Guard Bureau, including clerical services; (6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; (7) such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and (8) other expenses of the National Guard authorized by law. (c) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. Payable expenses include allowances for subsistence and quarters under sections 251 and 252 of title 37 and expenses for medicine and medical attendance. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 599.) In subsection (a), the words "strengths in enlisted members of the active" are substituted for the words "number of enlisted men in active service". The words between the eighth and ninth semicolons of 32: 22, relating to horses and draft animals, are omitted as obsolete, since no animals are now authorized for the National Guard. The words "under section 106 of this title" are inserted, since only appropriations under that revised section are required to be apportioned. In subsection (b) (1) and (2), the words "actual and" are omitted as surplusage. In subsection (5) (2), the words "Reserve Officers holding commission in the National Guard" are omitted as covered by the words "officers of a.. ⚫ reserve component of the Army or the Air Force". The words "Army General Staff" are substituted for the words "War Department General Staff" to conform to section 3031 (b) of title 10. The words "does not comply" are substituted for the words "shall ・・・ have failed or refused to comply". The words "a requirement of, or regulation prescribed under, this title" are substituted for the words "any requirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army". The words "money or any other aid" are substituted for the words "pecuniary or other aid". The words "or provided by this title or any other" are omitted as surplusage. § 109. Maintenance of other troops. (a) In time of peace, a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, or the District of Columbia may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c). (b) Nothing in this title limits the right of a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, or the District of Columbia to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary. (c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, or the District of Columbia may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces. (d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States. (e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed 307 (e) will in effect suspend section 307 (f) so far as it applies to section 307 (e). 50: 1199 (2d sentence) is omitted as inapplicable to the National Guard. forces. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 600; Sept. 2, 1958, Pub. L. 85-861, § 2(2), 72 Stat. 1542.) HISTORICAL AND REVISION NOTES Revised section 109 (a).. 32: 194 (a) (1st sentence); 32: 194 (c) (as applicable to 32: 194 (a) (1st sentence)). 109 (b).... 32: 194 (a) (less 1st sentence); 32: 194 (c) (less applicability to 32: 194 (a) (1st sentence)). June 3, 1916, ch. 134, § 61 (less (b)); restated Oct. 21, 1940, ch. 904 (less last 3 provisos). restated Aug. 18, 1941, ch; 363 (less last 3 provisos); restated Oct. 1, 1942, ch. 570 (less (b)); restated June 26, 1944, ch. 279 (less (b)); restated Sept. 27, 1950, ch. 1058 (less (b)), 64 Stat. 1072. The word "rules" is omitted as covered by the word "regulations". The words "National Guard" are substituted for the words "the militia provided for in this title”. The words "for the thorough" are omitted as surplusage. § 111. Suspension of certain provisions of this title. In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307 (e), 309, 310, and 323 (d) and (e) of this title with respect to the Army National Guard or the Air National Guard. (Added Pub. L. 85-861, § 2 (3), Sept. 2, 1958, 72 Stat. 1543.) HISTORICAL AND REVISION NOTES Reference to the exception in section 307 (a) is omitted as unnecessary because a suspension of section 307 (e) of this title, or of section 8365 or 8366 of Title 10, will in effect suspend that exception so far as it refers to the suspended section. A reference to the remainder of section 307 (a) is omitted as unnecessary because the general rule that it states exists independently of that part of the source law for section 307 (a) that is suspendible under this section. A reference to section 307 (f) is omitted as unnecessary because a suspension of section Chapter 3.-PERSONNEL 301. Federal recognition of enlisted members. 305. Federal recognition of commissioned officers: persons eligible. 307. Federal recognition: examination; certificate of eligi bility. 308. Federal recognition of officers: temporary recognition. 309. Federal recognition of officers: Army National Guard; officers promoted to fill vacancies. 310. Federal recognition of officers: Army National Guard; automatic recognition. 312. Appointment oath. 313. Appointments and enlistments: age limitations. 314. Adjutants general. 315. Detail of regular members of Army and Air Force to duty with National Guard. 316. Detail of members of Army National Guard for rifle instruction of civilians. 317. Command during joint exercises with Federal troops. 318. Compensation for disablement during training. 319. Compensation for disablement during training when not covered by section 318 of this title. 320. Hospitalization: when Secretary may require. 321. Death gratuity. 322. Discharge of enlisted members. 323. Withdrawal of Federal recognition. 324. Discharge of officers; termination of appointment. 325. Relief from National Guard duty when ordered to active duty. 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures. 327. General courts-martial of National Guard not in Federal service. 328. Special courts-martial of National Guard not in Federal service. 329. Summary courts-martial of National Guard not in Federal service. 330. Confinement instead of fine. 331. Dismissal or dishonorable discharge. 332. Compelling attendance of accused and witnesses. 333. Execution of process and sentence. AMENDMENTS 1961-Pub. L. 87-378, § 5(2), Oct. 4, 1961, 75 Stat. 808, amended item 302 by inserting ", reenlistments, and extensions." 1958-Pub. L. 85-861, § 2(8), Sept. 2, 1958, 72 Stat. 1544, added items 309 and 310. CROSS REFERENCES Active Federal status, see sections 3495 and 8495 of Title 10, Armed Forces. Appointments as reserve officers, see chapters 35, 337 and 837 of Title 10. Army National Guard and Air National Guard in Federal service, call, see sections 3500 and 8500 of Title 10. Army Reserve or Air Force Reserve Transfer from Army National Guard of United States or Air National Guard of United States to, see sections 3259, 3352, 8259 and 8352 of Title 10. Transfer to upon withdrawal as member of Army National Guard or Air National Guard, see sections 3260 and 8260 of Title 10. Basic policy for order of Army National Guard of the United States and Air National Guard of the United States into Federal service, see section 263 of Title 10. Pay and allowances generally, see Title 37, Pay and Allowances of the Uniformed Services. Reserve components: detail of members of regular and reserve components to assist, see section 715 of Title 10. Status when not in Federal service, see sections 3079 and 8079 of Title 10. Uniform, when wearing by persons not on active duty authorized, see section 772 of Title 10. Withdrawal of Federal recognition, see section 323 of this title. § 302. Enlistments, reenlistments, and extensions. (a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for (1) any specified term, not less than three years, for persons who have not served in an armed force; or (2) any specified term, not less than one year, for persons who have served in any armed force. (b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period. (c) Enlistments or reenlistments in the National Guard may be extended (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or (2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Oct. 4, 1961, Pub. L. 87-378, § 5(1), 75 Stat. 808.) HISTORICAL AND REVISION NOTES EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-378 not effective with respect to any enlistment, reenlistment, or appointment entered into or made before Oct. 4, 1961, see section 6 of Pub. L. 87-378, set out as a note under section 3261 of Title 10, Armed Forces. CROSS REFERENCES Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10, Armed Forces. Service extension during war of members of Army and Air Force, see sections 3492 and 8492 of Title 10. § 303. Active and inactive enlistments and transfers. (a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years. (b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be. (c) Repealed. Pub. L. 87-649, § 14e (1), Sept. 7, 1962, 76 Stat. 502. (d) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601: Sept. 7, 1962, Pub. L. 87-649, § 14e(1), 76 Stat. 502.) HISTORICAL AND REVISION NOTES Source (Statutes at Large) June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, § 42 (less provisos); re stated Feb. 28, 1925, eh. 371, §2 (1st and 2d settences); restated June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 15 July 9, 1952, ch. 608, § 806 (f), 66 Stat. 507. June 3, 1916, ch. 134, § 110 (1st 30 words of last par restated Sept. 22, 1922, ch 423, §6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500. In subsection (a), 32: 132 (last 23 words) is omitted as covered by section 304 of this title. In subsection (b), the words "Under such regulations as the Secretary may prescribe" are substituted for the word "likewise". In subsection (c), the words "in the inactive National Guard" are substituted for the words "not on the active list", since there is no active list prescribed for the National Guard. In subsection (d), the words "under any enlistment” are omitted as surplusage. AMENDMENTS 1962-Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which provided that a person enlisted in the inactive Army National Guard or inactive Air National Guard is not entitled to pay under section 301 of Title 37. See section 206 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. CROSS REFERENCES Transfer of enlisted members from Army National Guard of United States and Air National Guard of United States to Army Reserve and Air Force Reserve, see sections 3259 and 8259 of Title 10, Armed Forces. § 304. Enlistment oath. Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: of day of "I do hereby acknowledge to have voluntarily enlisted this 19, in the National Guard of the State for a period of year(s) under the conditions prescribed by law, unless sooner discharged by proper authority. "I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of. against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of and the orders of the officers appointed over me, according to law and regulations. So help me God." The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 602; Oct. 5, 1962, Pub. L. 87-751, § 2, 76 Stat. 748.) AMENDMENTS 1962-Pub. L. 87-751 substituted "support and defend the Constitution of the United States and of the State of against all enemies, foreign and domestic; that I will bear true faith and allegiance to them" for "bear true faith and allegiance to the United States of America and to the State of That I will serve them honestly and faithfully against all their enemies whomsoever" and inserted "So help me God." EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set out as a note under section 501 of Title 10, Armed Forces. CROSS REFERENCES General military law provision, see section 501 of Title 10, Armed Forces. Subscription to oath necessary for enlistment as member of Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10. § 305. Federal recognition of commissioned officers: persons eligible. (a) Except as provided in subsection (b), only male persons selected from the following categories are eligible for Federal recognition as commissioned officers of the National Guard: (1) Members of the National Guard. (2) Members of the Army, Navy, Air Force, or Marine Corps. (3) Former officers of the Army, Navy, Air Force, or Marine Corps. (4) Former enlisted members of the Army, Navy, Air Force, or Marine Corps who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy. (6) Graduates of a school, college, university, or officer's training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer. (7) Civilians who are specially qualified for duty in a technical or staff branch or organization. (b) Women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialists. However, to be eligible for Federal recognition under this section with a view to serving as a nurse, a woman must be a graduate of a hospital or university training school and a registered nurse. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85-861, § 2 (5), 72 Stat. 1554.) HISTORICAL AND REVISION NOTES The words "June 4, 1920" are omitted as obsolete. The words "Only persons selected from the following categories are eligible for individual Federal recognition as commissioned officers" are substituted for the words "Persons commissioned ・・・ shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following classes". In clause (2), the words "reserve officers" are omitted as covered by the words "members of the Army, Navy, Air Force, or Marine Corps". In clause (4), the words "under honorable conditions" are inserted for clarity. In clause (5), the words "the United States Air Force Academy" are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47). In clause (7), the words "staff branch" are substituted for the words "Staff Corps and departments". AMENDMENTS 1958-Subsec. (a). Pub. L. 85-861, § 2(5) (A), designated as subsec. (a) what had formerly been the entire section and substituted "Except 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: 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 and sections 8365 and 8366 of Title 10, 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, § 2, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85-861, § 2 (6), 72 Stat. 1543.) Revised section 307 (a).... 307 (b)... 307 (c)-307 (d)... HISTORICAL AND REVISION NOTES Source (U. S. Code) 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 sentence). 32: 113 (3d sentence, less 1st 24 words). 50y1115 (a) (less last 39 words). Source (Statutes at Large) 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 "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. AMENDMENTS 1958 Subsec. (a). Pub. L. 85-861, § 2(6) (A), substituted "subsections (d) and (e) of this section and sections 8365 and 8366 of title 10" for "subsection (d)" in cl. (3). Subsecs. (e) and (f). Pub. L. 85–861, § 2(6) (B), added subsecs. (e) and (f). CROSS REFERENCES Appointment of officers of Army National Guard and Air National Guard as Reserves for service as members of |