Us Code § 325 - Relief from National Guard duty when ordered to active duty
Full text of Us Code United States Code § 325 — Relief from National Guard duty when ordered to active duty, with citation guidance and answers to common questions.
§ 325. Relief from National Guard duty when ordered to active duty
(a)
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
(b)
(c)
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, §1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 108–136, div. A, title V, §516, Nov. 24, 2003, 117 Stat. 1461; Pub. L. 109–163, div. A, title X, §1057(b)(6), Jan. 6, 2006, 119 Stat. 3442; Pub. L. 110–417, [div. A], title V, §517, Oct. 14, 2008, 122 Stat. 4442.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) 325(b) |
50:1120. 50:1122(b) (less last 17 words). |
July 9, 1952, ch. 608, §§710, 712(b) (less last 17 words), 66 Stat. 503, 504. |
In subsection (a), the words "in the service of the United States" are omitted as surplusage. The words "effective date of his order to active duty until he is relieved from that duty" are substituted for the words "active-duty date of the orders and for as long as they remain on active duty in the service of the United States". 50:1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force.
In subsection (b), the words "upon relief from that duty" are substituted for the words "upon being relieved from active duty". The words "their National Guard status" are substituted for the words "to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia".
Editorial Notes
Amendments
2008—Subsec. (a)(2). Pub. L. 110–417, §517(a), struck out "in command of a National Guard unit" after "active duty" in introductory provisions.
Subsecs. (b), (c). Pub. L. 110–417, §517(b), added subsec. (b) and redesignated former subsec. (b) as (c).
2006—Subsec. (a). Pub. L. 109–163 substituted "State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands" for "State or Territory, or of Puerto Rico" in par. (1) and introductory provisions of par. (2) and "State or Territory or Puerto Rico" in par. (2)(B).
2003—Subsec. (a). Pub. L. 108–136, §516(a), substituted "(a)
Subsec. (b). Pub. L. 108–136, §516(b), inserted heading.
1988—Subsec. (a). Pub. L. 100–456 struck out ", the Canal Zone," after "Puerto Rico".
Executive Documents
Delegation of Functions
Functions and authority of President under this section delegated to the Secretary of Defense, see Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, set out as a note under section 315 of this title.
National Guard Support for 2004 Democratic and Republican National Conventions and Other Appropriate Events
Memorandum of President of the United States, July 23, 2004, 69 F.R. 46397, which delegated to the Secretary of Defense the functions and authority of the President under this section, was superseded by Memorandum of President of the United States, Apr. 14, 2011, 69 F.R. 22003, set out as a note under section 315 of this title.
About This Section
32 U.S.C. § 325 is part of Title 32 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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