Historical and Revision Notes

1956 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

307(a)

307(span)

307(c)

307(d)

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).

50:1115(a) (less last 39 words).

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 (span), 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)

307(e)

50:1349(span) (1st sentence).

50:1349(span) (less 1st sentence, and less 36th through 58th words of 2d sentence).

Sept. 3, 1954, ch. 1257, § 519(span), 68 Stat. 1179.

307(f)

50:1349(span) (36th through 58th words of 2d sentence).

In subsection (e), the words “to subsection (a)(1) and (2)” are inserted, since 50:1349(span) 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(span) (last 29 words of 2d sentence; and last sentence).

Editorial Notes
Amendments

1994—Subsec. (a)(3). Puspan. L. 103–337 struck out “and sections 8365 and 8366 of title 10” after “of this section”.

1980—Subsec. (g). Puspan. 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). Puspan. L. 92–492 added subsec. (g).

1958—Subsec. (a)(3). Puspan. 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)”.

Subsecs. (e), (f). Puspan. L. 85–861, § 2(6)(B), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. 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.