Notes on 32 U.S.C. § 305 : US Code - Notes

Search Notes on 32 U.S.C. § 305 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85-861, Sec. 2(5),
Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90-130, Sec. 2(1), Nov. 8,
1967, 81 Stat. 383; Pub. L. 108-375, div. A, title V, Sec. 505,
Oct. 28, 2004, 118 Stat. 1875.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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305 32:111 (less 37th through June 3, 1916, ch. 134,
54th words). Sec. 74 (less 39th
through 56th words);
restated June 4, 1920,
ch. 227, subch. I, Sec.
41 (less 39th through
56th words), 41 Stat.
781.
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The word "individual" is inserted for clarity to distinguish the
individual Federal recognition that is necessary to membership as
an officer from the general Federal recognition that is necessary
to all membership in the National Guard (see section 301 of this
title).
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".
1958 ACT
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Section Source (U.S. Code) Source (Statutes at
of title Large)
32
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305(b) 32 App.:4 (less July 30, 1956, ch. 789,
applicability to age). Secs. 2 (less
applicability to age),
3, 70 Stat. 729.
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The words "who are citizens of the United States" are omitted as
covered by section 313(b) of this title. The words "with a view to
serving" are substituted for the words "to serve". The words "and
have the physical and other qualifications prescribed by the
Secretary of the Army" and section 3 of the source statute are
omitted as covered by section 307(a)(2) of this title. The
applicability of section 3 of the source statute to section 1 of
the source statute is omitted as unnecessary.
AMENDMENTS
2004 - Subsec. (a)(2) to (4). Pub. L. 108-375, Sec. 505(1),
substituted "armed forces" for "Army, Navy, Air Force, or Marine
Corps".
Subsec. (a)(5). Pub. L. 108-375, Sec. 505(2), substituted "the
United States Air Force Academy, or the United States Coast Guard
Academy" for "or the United States Air Force Academy".
1967 - Subsec. (a). Pub. L. 90-130, Sec. 2(1)(A), struck out
provision that, except as provided in subsec. (b), only male
persons from the enumerated categories were eligible for Federal
recognition as commissioned officers of the National Guard.
Subsec. (b). Pub. L. 90-130, Sec. 2(1)(B), (C), struck out
provision that women are eligible for Federal recognition as
commissioned officers of the National Guard, with a view to serving
as nurses or medical specialist, and substituted "person" for
"woman" in description of the individual who must be a graduate of
a hospital or university training school and a registered nurse in
order to be eligible for Federal recognition under this section
with a view to serving as a nurse.
1958 - Subsec. (a). Pub. L. 85-861, Sec. 2(5)(A), designated
existing provisions as subsec. (a) and substituted "Except as
provided in subsection (b), only male persons" for "Only persons".
Subsec. (b). Pub. L. 85-861, Sec. 2(5)(B), added subsec. (b).