Notes on 32 U.S.C. § 307 : US Code - Notes

Search Notes on 32 U.S.C. § 307 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85-861, Sec. 2(6),
Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92-492, Sec. 2(b), Oct. 13,
1972, 86 Stat. 810; Pub. L. 96-535, Dec. 16, 1980, 94 Stat. 3165;
Pub. L. 103-337, div. A, title XVI, Sec. 1676(a)(2), Oct. 5, 1994,
108 Stat. 3019.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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307(a) 32:113 (1st sentence). June 3, 1916, ch. 134,
Sec. 74 (39th through
56th words); restated
June 4, 1920, ch. 227,
subch. I, Sec. 41 (39th
through 56th words), 41
Stat. 781.




307(b)


307(c)

307(d)
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,
Sec. 75; restated June
15, 1933, ch. 87, Sec.
12, 48 Stat. 158; July
9, 1952, ch. 608, Sec.
803 (10th par.), 66
Stat. 505.
July 9, 1952, ch. 608,
Secs. 703(a) (as
applicable to officers),
705(a) (less last 39
words), 66 Stat. 502.
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In subsection (b), 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
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Section Source (U.S. Code) Source (Statutes at
of title Large)
32
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307(a) 50:1349(b) (1st sentence). Sept. 3, 1954, ch. 1257,
Sec. 519(b), 68 Stat.
1179.
307(e)
50:1349(b) (less 1st
sentence, and less 36th
through 58th words of 2d
sentence).
307(f) 50:1349(b) (36th through
58th words of 2d
sentence).
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In subsection (e), the words "to subsection (a)(1) and (2)" are
inserted, since 50:1349(b) 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(b) (last 29 words of 2d sentence; and
last sentence).
AMENDMENTS
1994 - Subsec. (a)(3). Pub. L. 103-337 struck out "and sections
8365 and 8366 of title 10" after "of this section".
1980 - Subsec. (g). Pub. 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). Pub. L. 92-492 added subsec. (g).
1958 - Subsec. (a)(3). Pub. L. 85-861, Sec. 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). Pub. L. 85-861, Sec. 2(6)(B), added subsecs.
(e) and (f).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
otherwise provided, see section 1691 of Pub. 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.