sions of this title". The words "actual strength in commissioned officers or enlisted members" are substituted for the words "commissioned or enlisted strength". 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." CROSS REFERENCES Army Staff and Air Staff, see chapters 305 and 805 of Title 10, Armed Forces. Chief and assistant chief of staff of wings of Air National Guard in Federal service, detail, see section 8542 of Title 10. Chief and assistant chief of staff of divisions of Army National Guard in Federal service, detail, see section 3542 of Title 10. Limitation on relocation of units, see section 2238 of Title 10. Policies and regulations for government of reserve components of Army and Air Force, see sections 3033 and 8033 of Title 10. § 105. Inspection. (a) The Secretary of the Army shall have an inspection made at least once a year by inspectors general, or, if necessary, by any other commissioned officers of the Regular Army detailed for that purpose, to determine whether (1) the amount and condition of property held by the Army National Guard are satisfactory; (2) the Army National Guard is organized as provided in this title; (3) the members of the Army National Guard meet prescribed physical and other qualifications; (4) the Army National Guard and its organization are properly uniformed, armed, and equipped and are being trained and instructed for active duty in the field, or for coast defense; and (5) Army National Guard records are being kept in accordance with this title. The Secretary of the Air Force has a similar duty with respect to the Air National Guard. (b) The reports of inspections under subsection (a) are the basis for determining whether the National Guard is entitled to the issue of military In subsection (a), the word "commissioned" is inserted, since 32:15 historically applied only to commissioned officers (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). In subsection (a) (2), the words "provided in this title" are substituted for the words "herein before prescribed". In subsection (a) (4), the words "the Army National Guard and its organizations" are substituted for the words "the organization and the officers and enlisted men thereof". The word "uniformed" is omitted as covered § 107. Apportionment of appropriations. (a) Appropriations for the Army National Guard under section 106 of this title shall be apportioned among the States and Territories, Puerto Rico, the Canal Zone, and the District of Columbia under equitable procedures to be prescribed by the Secretary of the Army and in direct ratio to the respective actual strengths in enlisted members of the active Army National Guard in those jurisdictions on the date of apportionment. Appropriations for the Air National Guard under section 106 of this title shall be apportioned among the States and Territories, Puerto Rico, the Canal Zone, and the District of Columbia under equitable procedures to be prescribed by the Secretary of the Air Force and in direct ratio to the respective actual strengths in enlisted members of the active Air National Guard in those jurisdictions on the date of apportionment. (b) Under such regulations as the Secretary concerned may prescribe, apportioned appropriations are available for (1) the necessary expenses of members of a regular or reserve component of the Army or the Air Force traveling on duty in connection with the National Guard; (2) the necessary expenses of officers of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army General Staff or the Air Staff, traveling to and from annual conventions of the National Guard Association of the United States or the Adjutants General Association; (3) the transportation of supplies furnished to the National Guard as permanent equipment; (4) the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard; (5) the expenses of the National Guard Bureau, including clerical services; (6) the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; (7) such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and (8) other expenses of the National Guard authorized by law. (c) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. Payable expenses include allowances for subsistence and quarters under sections 402 and 403 of title 37 and expenses for medicine and medical attendance. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 599; Sept. 11, 1967, Pub. L. 90-83, § 4, 81 Stat. 220.) In subsection (a), the words "strengths in enlisted members of the active" are substituted for the words "number of enlisted men in active service". The words between the eighth and ninth semicolons of 32: 22, relating to horses and draft animals, are omitted as obsolete, since no animals are now authorized for the National Guard. The words "under section 106 of this title" are inserted, since only appropriations under that revised section are required to be apportioned. In subsection (b) (1) and (2), the words "actual and" are omitted as surplusage. In subsection (b) (2), the words "Reserve Officers holding commission in the National Guard" are omitted as reserve com The words "Army covered by the words "officers of a ponent of the Army or the Air Force". General Staff" are substituted for the words "War Department General Staff" to conform to section 3031 (b) of title 10. In subsection (c), the words "under sections 251 and 252 of title 37" are substituted for the words "provided in section 19 of title 37", since allowances for subsistence and quarters are now covered by those sections. The words "shall be paid from appropriations for the National Guard, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia" are substituted for the words "shall constitute a charge against the whole sum annually appropriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned for any particular State, Territory, or the District of Columbia". The words "does not comply" are substituted for the words "shall have failed or refused to comply". The words "a requirement of, or regulation prescribed under, this title" are substituted for the words "any requirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army". The words "money or any other aid" are substituted for the words "pecuniary or other aid". The words "or provided by this title or any other" are omitted as surplusage. § 109. Maintenance of other troops. (a) In time of peace, a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, or the District of Columbia may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c). (b) Nothing in this title limits the right of a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, or the District of Columbia to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary. (c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, the Canal Zone, or the District of Columbia may, as provided by its laws, organize and maintain de fense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces. (d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States. (e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 600; Sept. 2, 1958, Pub. L. 85-861, § 2(2), 72 Stat. 1542.) HISTORICAL AND REVISION NOTES 109 (a) 32: 194 (a) (1st sentence); 32: 194 (c) (as applicable to 32: 194 (a) (1st sentence)). 109 (b).... 32: 194 (a) (less 1st sentence); 32: 194 (c) (less applicability to 32: 194 (a) (1st sentence)). June 3, 1916, ch. 134, § 61 (less (b)); restated Oct. 21, 1940, ch. 904 (less last 3 provisos). restated Aug. 18, 1941, ch; 363 (less last 3 provisos); restated Oct. 1, 1942, ch. 570 (less (b)); restated June 26, 1944, ch. 279 (less (b)); restated Sept. 27, 1950, ch. 1058 (less (b)), 64 Stat. 1072. The word "rules" is omitted as covered by the word "regulations". The words "National Guard" are substituted for the words "the militia provided for in this title". The words "for the thorough" are omitted as surplusage. § 111. Suspension of certain provisions of this title. In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307 (e), 309, 310, and 323 (d) and (e) of this title with respect to the Army National Guard or the Air National Guard. (Added Pub. L. 85-861, § 2 (3), Sept. 2, 1958, 72 Stat. 1543.) 47-500 0-71-vol. 8- -3 Reference to the exception in section 307 (a) is omitted as unnecessary because a suspension of section 307 (e) of this title, or of section 8365 or 8366 of Title 10, will in effect suspend that exception so far as it refers to the suspended section. A reference to the remainder of section 307 (a) is omitted as unnecessary because the general rule that it states exists independently of that part of the source law for section 307 (a) that is suspendible under this section. A reference to section 307 (f) is omitted as unnecessary because a suspension of section 307 (e) will in effect suspend section 307 (f) so far as it applies to section 307 (e). 50: 1199 (2d sentence) is omitted as inapplicable to the National Guard. DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. Sec. Chapter 3-PERSONNEL 301. Federal recognition of enlisted members. 305. Federal recognition of commissioned officers: persons eligible. 307. Federal recognition: examination; certificate of eligibility. 308. Federal recognition of officers: temporary recognition. 309. Federal recognition of officers: Army National Guard; officers promoted to fill vacancies. 310. Federal recognition of officers: Army National Guard; automatic recognition. 312. Appointment oath. 313. Appointments and enlistments: age limitations. 314. Adjutants general. 315. Detail of regular members of Army and Air Force to duty with National Guard. 316. Detail of members of Army National Guard for rifle instruction of civilians. 317. Command during joint exercises with Federal troops. 318. Compensation for disablement during training. 319. Compensation for disablement during training when not covered by section 318 of this title. 320. Hospitalization: when Secretary may require. 321. Death gratuity. 322. Discharge of enlisted members. 323. Withdrawal of Federal recognition. 324. Discharge of officers; termination of appointment. 325. Relief from National Guard duty when ordered to active duty. 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures. 327. General courts-martial of National Guard not in Federal service. 328. Special courts-martial of National Guard not in Federal service. 329. Summary courts-martial of National Guard not in Federal service. 330. Confinement instead of fine. 331. Dismissal or dishonorable discharge. 332. Compelling attendance of accused and witnesses. 333. Execution of process and sentence. AMENDMENTS 1961-Pub. L. 87-378, § 5(2), Oct. 4, 1961, 75 Stat. 808, amended item 302 by inserting ", reenlistments, and extensions." 1958 Pub. L. 85-861, § 2(8), Sept. 2, 1958, 72 Stat. 1544, added items 309 and 310. CROSS REFERENCES HISTORICAL AND REVISION NOTES Active Federal status, see sections 3495 and 8495 of Title 10, Armed Forces. Appointments as reserve officers, see chapters 35, 337 and 837 of Title 10. Army National Guard and Air National Guard in Federal service, call, see sections 3500 and 8500 of Title 10. Army Reserve or Air Force Reserve Transfer from Army National Guard of United States or Air National Guard of United States to, see sections 3259, 3352, 8259 and 8352 of Title 10. Transfer to upon withdrawal as member of Army National Guard or Air National Guard, see sections 3260 and 8260 of Title 10. Basic policy for order of Army National Guard of the United States and Air National Guard of the United States into Federal service, see section 263 of Title 10. Pay and allowances generally, see Title 37, Pay and Allowances of the Uniformed Services. Reserve components: detail of members of regular and reserve components to assist, see section 715 of Title 10. Status when not in Federal service, see sections 3079 and 8079 of Title 10. Uniform, when wearing by persons not on active duty authorized, see section 772 of Title 10. CROSS REFERENCES Withdrawal of Federal recognition, see section 323 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 323 of this title. § 302. Enlistments, reenlistments, and extensions. (a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for (1) any specified term, not less than three years, for persons who have not served in an armed force; or (2) any specified term, not less than one year, for persons who have served in any armed force. (b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period. (c) Enlistments or reenlistments in the National Guard may be extended (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or (2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Oct. 4, 1961, Pub. L. 87-378, § 5(1), 75 Stat. 808.) June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under "National Guard"); restated June 4, 1920, ch. 227, subch. I, § 37; restated June 6, 1924, ch. 275,4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806 (a), 66 Stat. 506. 32: 124 (1st proviso) is omitted as executed. The word "reenlistments" is substituted for the words "subsequent enlistments". AMENDMENTS 1961-Pub. L. 87-378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency. EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-378 not effective with respect to any enlistment, reenlistment, or appointment entered into or made before Oct. 4, 1961, see section 6 of Pub. L. 87-378, set out as a note under section 3261 of Title 10, Armed Forces. CROSS REFERENCES Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10, Armed Forces. Service extension during war of members of Army and Air Force, see sections 3492 and 8492 of Title 10. § 303. Active and inactive enlistments and transfers. (a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years. (b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be. (c) Repealed. Pub. L. 87-649, § 14e(1), Sept. 7, 1962, 76 Stat. 502. (d) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Sept. 7, 1962, Pub. L. 87-649, § 14e(1), 76 Stat. 502.) June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, 42 (less provisos); restated Feb. 28, 1925, ch. 371, § 2 (1st and 2d sentences); restated June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 159; July 9, 1952, ch. 608, § 806 (f), 66 Stat. 507. June 3, 1916, ch. 134, § 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500. In subsection (a), 32: 132 (last 23 words) is omitted as covered by section 304 of this title. In subsection (b), the words "Under such regulations as the Secretary may prescribe" are substituted for the word "likewise". In subsection (c), the words "in the inactive National Guard" are substituted for the words "not on the active list", since there is no active list prescribed for the National Guard. In subsection (d), the words "under any enlistment" are omitted as surplusage. AMENDMENTS 1962 Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which provided that a person enlisted in the inactive Army National Guard or inactive Air National Guard is not entitled to pay under section 301 of Title 37. See section 206 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. CROSS REFERENCES Transfer of enlisted members from Army National Guard of United States and Air National Guard of United States to Army Reserve and Air Force Reserve, see sections 3259 and 8259 of Title 10, Armed Forces. § 304. Enlistment oath. Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: of "I do hereby acknowledge to have voluntarily enlisted this day of‒‒‒‒‒‒‒ 19, in the National Guard of the State for a period of year(s) under the conditions prescribed by law, unless sooner discharged by proper authority. "I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ... against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of and the orders of the officers appointed over me, according to law and regulations. So help me God." The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the 1962-Pub. L. 87-751 substituted "support and defend the Constitution of the United States and of the State of against all enemies, foreign and domestic; that I will bear true faith and allegiance to them" for "bear true faith and allegiance to the United States of America and to the State of That I will serve them honestly and faithfully against all their enemies whomsoever" and inserted "So help me God." EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set out as a note under section 502 of Title 10, Armed Forces. CROSS REFERENCES General military law provision, see section 502 of Title 10, Armed Forces. Subscription to oath necessary for enlistment as member of Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 3261, 8261. § 305. Federal recognition of commissioned officers: persons eligible. (a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard: (1) Members of the National Guard. (2) Members of the Army, Navy, Air Force, or Marine Corps. (3) Former officers of the Army, Navy, Air Force, or Marine Corps. (4) Former enlisted members of the Army, Navy, Air Force, or Marine Corps who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy. (6) Graduates of a school, college, university, or officer's training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer. (7) Civilians who are specially qualified for duty in a technical or staff branch or organization. (b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university |