Notes on 32 U.S.C. § 104 : US Code - Notes

Search Notes on 32 U.S.C. § 104 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Pub. L. 100-456, div. A,
title XII, Sec. 1234(b)(1), (2), Sept. 29, 1988, 102 Stat. 2059;
Pub. L. 109-163, div. A, title X, Sec. 1057(b)(2)-(4), Jan. 6,
2006, 119 Stat. 3441.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
104(a) 32:6. June 3, 1916, ch. 134,
Secs. 64, 65 (proviso),
68, 39 Stat. 198-200.
104(b)
104(c)
32:5 (1st sentence).
32:5 (less 1st sentence).
104(d) 32:8. June 3, 1916, ch. 134,
Sec. 60; June 4, 1920,
ch. 227 subch. I, Sec.
36; restated June 15,
1933, ch. 87, Sec. 6, 48
Stat. 156.
104(e)
104(f)
32:10 (proviso).
32:16.
--------------------------------------------------------------------
In subsection (a), the words "within their respective borders"
are omitted as surplusage.
In subsection (b), the word "Army" is substituted for the words
"Regular Army", since the Army is the category for which the
organization is prescribed, and the Regular Army is a personnel
category for which no organization is prescribed. Similarly, the
words "Air Force" are used instead of the words "Regular Air
Force".
In subsection (c), the words "by branch of the Army or
organization of the Air Force" are substituted for the words "as to
branch or arm of service". The words "branch, organization, or
allotment of a unit" are substituted for the words "allotment,
branch, or arm of units or organizations".
In subsections (d) and (e) the word "commissioned" is inserted,
since 32:8 and 10 historically applied only to commissioned
officers (see opinion of the Judge Advocate General of the Army
(JAGA 1953/4078, 6 May 1953)).
In subsection (d), the word "brigades" is omitted as surplusage.
In subsection (e), the word "tactical" is omitted as surplusage.
In subsection (f), the words "have received compensation from the
United States as members of the National Guard" are substituted for
the words "shall be entitled to and shall have received
compensation under the provisions of this title". The words "actual
strength * * * in commissioned officers or enlisted members" are
substituted for the words "commissioned or enlisted strength".
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-163, Sec. 1057(b)(4), substituted
"State, the Commonwealth of Puerto Rico, Guam, and the Virgin
Islands" for "State or Territory and Puerto Rico".
Subsec. (c). Pub. L. 109-163, Sec. 1057(b)(2), 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".
Subsec. (d). Pub. L. 109-163, Sec. 1057(b)(3), substituted
"State, the Commonwealth of Puerto Rico, the District of Columbia,
Guam, or the Virgin Islands" for "State or Territory, Puerto Rico,
or the District of Columbia".
1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(2), substituted
"Each State or Territory and Puerto Rico" for "Each State and
Territory, Puerto Rico, and the Canal Zone".
Subsecs. (c), (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out
"the Canal Zone," after "Puerto Rico,".
COMPTROLLER GENERAL ASSESSMENTS OF NATIONAL GUARD MANAGEMENT
Pub. L. 107-314, div. A, title V, Sec. 511(a), Dec. 2, 2002, 116
Stat. 2536, provided that: "Not later than one year after the date
of the enactment of this Act [Dec. 2, 2002], the Comptroller
General shall submit to Congress a report on management of the
National Guard. The report shall include the following:
"(1) The Comptroller General's assessment of the effectiveness
of the implementation of Department of Defense plans for
improving management and accounting for personnel strengths in
the National Guard, including an assessment of the process that
the Department of Defense, the National Guard Bureau, the Army
National Guard and State-level National Guard leadership, and
leadership in the other reserve components have for identifying
and addressing in a timely manner specific units in which
nonparticipation rates are significantly in excess of the
established norms.
"(2) The Comptroller General's assessment of the effectiveness
of the process for Federal recognition of senior National Guard
officers and recommendations for improvement to that process.
"(3) The Comptroller General's assessment of the process for,
and the nature and extent of, the administrative or judicial
corrective action taken by the Secretary of Defense, the
Secretary of the Army, and the Secretary of the Air Force as a
result of Inspector General investigations or other
investigations in which allegations against senior National Guard
officers are substantiated in whole or in part.
"(4) The Comptroller General's determination of the
effectiveness of the Federal protections provided for members or
employees of the National Guard who report allegations of waste,
fraud, abuse, or mismanagement and the nature and extent to which
corrective action is taken against those in the National Guard
who retaliate against such members or employees."
STUDY OF STATE AND FEDERAL MISSIONS OF NATIONAL GUARD
Pub. L. 103-160, div. A, title V, Sec. 522, Nov. 30, 1993, 107
Stat. 1655, directed Secretary of Defense to provide for a study of
State and Federal missions of National Guard to be carried out by a
federally funded research and development center, including
consideration of both separate and integrated requirements
(including requirements pertaining to personnel, weapons,
equipment, and facilities) that derive from those missions,
required an interim report not later than May 1, 1994, and a final
report not later than Nov. 15, 1994, directed Secretary to submit
each report to Congress, not later than 15 days after the date on
which it is received by the Secretary, and directed Secretary,
together with Secretary of the Army and Secretary of the Air Force,
to conduct evaluation of assumptions, analysis, findings, and
recommendations of the study and, not later than Feb. 1, 1995, to
submit to Congress a report on the evaluation.
RETENTION OF ANCIENT PRIVILEGES AND ORGANIZATION
Section 32 of act Aug. 10, 1956, provided that:
"(a) Any corps of artillery, cavalry, or infantry existing in any
of the States on the passage of the Act of May 8, 1792, which by
the laws, customs, or usages of those States has been in continuous
existence since the passage of that Act, shall be allowed to retain
its ancient privileges, subject, nevertheless to all duties
required by law of militia: Provided, That those organizations may
be a part of the National Guard and entitled to all the privileges
thereof, and shall conform in all respects to the organization,
discipline, and training to the National Guard in time of war:
Provided further, That for purposes of training and when on active
duty in the service of the United States they may be assigned to
higher units, as the President may direct, and shall be subject to
the orders of officers under whom they shall be serving.
"(b) The First Corps Cadets, antedating, and continuously
existing in the State of Massachusetts since, the Act of May 8,
1792, now designated as the 126th Tank Battalion, 26th Infantry
Division, hereby declared to be a corps as defined in subsection
(a) of this Act for all purposes thereof and now incorporated in
the Organized Militia and a part of the National Guard of
Massachusetts, shall be allowed to retain its ancient privileges
and organization. The First Corps Cadets is hereby declared to be
entitled to a lieutenant colonel in command and a major second in
command; and those officers, when federally recognized, are
entitled to the pay provided by law for their respective grades:
Provided, That nothing in this section or other provisions of law
shall be considered to be in derogation of any other ancient
privileges to which the First Corps Cadets is entitled under the
laws, customs, or usages of the State of Massachusetts."