2012 US Code
Title 32 - National Guard
Chapter 3 - PERSONNEL (§§ 301 - 335)
Section 308 - Federal recognition of officers: temporary recognition
| Publication Title | United States Code, 2012 Edition, Title 32 - NATIONAL GUARD |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 32 - NATIONAL GUARD CHAPTER 3 - PERSONNEL Sec. 308 - Federal recognition of officers: temporary recognition |
| Contains | section 308 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110-181, div. A, title V, §514, Jan. 28, 2008, 122 Stat. 99. |
| Statutes at Large References | 66 Stat. 502 122 Stat. 99 |
| Public Law References | Public Law 110-181 |
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(a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in section 307(b) of this title, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.
(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110–181, div. A, title V, §514, Jan. 28, 2008, 122 Stat. 99.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a) 308(b) | 50:1114 (less 2d and 3d sentences). 50:1114 (3d sentence). | July 9, 1952, ch. 608, §704 (less 2d sentence), 66 Stat. 502. |
In subsection (a), the words “by regulations” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words “as an officer of the Army National Guard to any person” are substituted for the words “to any officer of the National Guard or Air National Guard”. The second sentence is inserted for clarity. The words “successfully”, “final determination of his eligibility for, and”, “in the grade concerned”, and “automatically” are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage.
In subsection (b), the words “To be eligible for temporary Federal recognition under subsection (a), a person” are substituted for the words “However, a temporary extension of Federal recognition shall be granted only when the officer”. The words “the period of temporary recognition” are substituted for the words “such recognition”. The words “and obligations required of him” and “in the same grade” are omitted as surplusage.
Amendments2008—Subsec. (a). Pub. L. 110–181 substituted “one year” for “six months” in last sentence.
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