32-U.S.C.-314

§314 – Adjutants General

Pathway

Title 32 > Chapter 3 > Section 314

Details

• Reference: Section 314
• Legend: §314 – Adjutants General
• USCode Year: 2013

Provision Content

(a) There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. 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, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, 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, §1234(b)(1), (5), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XIII, §1322(b), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title V, §553, Dec. 5, 1991, 105 Stat. 1371; Pub. L. 109–163, div. A, title X, §1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)

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, §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

2006—Subsecs. (a), (d). Pub. L. 109–163 substituted State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands for State and Territory, Puerto Rico, and the District of Columbia.

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, §1234(b)(1), struck out the Canal Zone, after Puerto Rico,.

Subsec. (b). Pub. L. 100–456, §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, §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.

U.S. Encyclopedia of Law Coverage

32-U.S.C.-309 in the Legal Encyclopedia: National Guard

In this entry about 32-U.S.C.-309, find legal reference material, bibliographies and premiere content related to national guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States national guard-specific issues, written by authorities in the field.

32-U.S.C.-303 in the Legal Encyclopedia: Personnel

In this entry about 32-U.S.C.-303, find legal reference material, bibliographies and premiere content related to personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States personnel-specific issues, written by authorities in the field.

Topic Map

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