Notes on 32 U.S.C. § 323 : US Code - Notes

Search Notes on 32 U.S.C. § 323 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 85-861, Secs.
2(11), 33(c)(2), Sept. 2, 1958, 72 Stat. 1546, 1567; Pub. L. 103-
337, div. A, title XVI, Secs. 1630(2), 1676(a)(3), Oct. 5, 1994,
108 Stat. 2964, 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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323(a) 32:154 (last 26 words of June 3, 1916, ch. 134,
last par.). Sec. 76 (1st sentence,
and 1st 24 words of 2d
sentence); restated June
15, 1933, ch. 87, Sec.
13 (1st sentence, and
1st 24 words of 2d
sentence), 48 Stat. 158.

323(b)


323(c)
32:115 (1st sentence, and
1st 24 words of 2d
sentence).
50:1116 (last 15 words of
1st sentence).
June 3, 1916, ch. 134,
Sec. 110 (last 25 words
of last par.); restated
Sept. 22, 1922, ch. 423,
Sec. 6 (last 137 words
of last par.); restated
May 12, 1928, ch. 529
(last 25 words), 45
Stat. 501.
July 9, 1952, ch. 608,
Sec. 706 (last 15 words
of 1st sentence), 66
Stat. 503.
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In subsection (a) the words "ceases to have the qualifications
prescribed under section 300 of this title" are substituted for
32:154 (last 26 words of last par.), since it is implicit that a
member who could not be paid would lose his federally recognized
status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of
subsection (a) are inserted as a necessary implication of the rule
stated in section 309(c) of this title.
In subsection (b), the words "or warrant officer" are omitted,
since section 101(9) of this title defines "officer" to include
warrant officers. The word "detailed" is substituted for the word
"appointed", since the filling of the positions involved is not
appointment to an office in the constitutional sense. The word
"commissioned" is inserted after the words "composed of", since the
word "officer" alone, in 32:115, referred to a commissioned officer
only (see opinion of the Judge Advocate General of the Army (JAGA
1953/4078, 6 May 1953)). The words "who outrank him" are
substituted for the words "senior in rank to the officer under
investigation".
In subsection (c), the opening clause is substituted for the
words "such transfer". The words "his Federal recognition is
withdrawn" are substituted for the words "shall terminate his
federally recognized National Guard or Air National Guard status".
1958 ACT
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Section Source (U.S. Code) Source (Statutes at
of title Large)
32
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323(d) 50:1261 (as applicable to Sept. 3, 1954, ch. 1257,
Federal recognition). Secs. 324 (as applicable
to Federal recognition),
522(e)(1) (56th through
63d words). (e)(2) (78th
through 85th words), 68
Stat. 1161, 1181.

323(e)
50:1352(e)(1) (56th
through 63d words).
50:1352(e)(2) (78th
through 85th words).
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The change [in subsec. (b)(1) and (2)] is necessary to exclude
from the efficiency board commissioned officers of the Army Reserve
or Air Force Reserve, in accordance with the source law, the first
sentence of section 76 of the Act of June 3, 1916, chapter 134
(formerly 32 U.S.C. 115 (1st sentence)).
In subsection (d), the words "notwithstanding section 115 of
title 32" are omitted as surplusage.
In subsection (e), the words "if appropriate" are omitted as
surplusage.
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-337, Sec. 1676(a)(3), substituted
"12105, 12213(a), or 12214(a)" for "3259, 3352(a), 8259, or
8352(a)".
Subsecs. (d), (e). Pub. L. 103-337, Sec. 1630(2), added subsec.
(d) and struck out former subsecs. (d) and (e) which read as
follows:
"(d) Except as provided in sections 1005 and 1006 of title 10,
the Federal recognition of a second lieutenant of the Army National
Guard who is discharged under section 3820(c) of title 10 for
failure of promotion shall be withdrawn on the date of that
discharge.
"(e) Except as provided in sections 1005 and 1006 of title 10,
the Federal recognition of a reserve officer of the Air Force who
is not recommended for promotion under section 8368(c)(1) or (2) of
title 10, or who is found to be not qualified for Federal
recognition under section 8368(d) or (e) of title 10, shall be
withdrawn."
1958 - Subsec. (b)(1). Pub. L. 85-861, Sec. 33(c)(2), substituted
"the Regular Army or the Army National Guard of the United States,
or both" for "a regular or reserve component of the Army".
Subsec. (b)(2). Pub. L. 85-861, Sec. 33(c)(2), substituted "the
Regular Air Force or the Air National Guard of the United States,
or both" for "a regular or reserve component of the Air Force".
Subsecs. (d), (e). Pub. L. 85-861, Sec. 2(11), added subsecs. (d)
and (e).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 1676(a)(3) of Pub. L. 103-337 effective Dec.
1, 1994, except as otherwise provided, and amendment by section
1630(2) of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691
of Pub. L. 103-337, set out as an Effective Date note under section
10001 of Title 10, Armed Forces.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by section 33(c)(2) of Pub. L. 85-861 effective Aug.
10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note
under section 101 of Title 10, Armed Forces.
SUSPENSION OF SUBSECTION (D) OF THIS SECTION
For authority of the President to suspend subsec. (d) of this
section in time of war or emergency declared by Congress, see
section 111 of this title.