U.S. Code » Title 32 » Chapter CHAPTER 3— PERSONNEL

32 U.S.C. § 314

Adjutants general

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(a) There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.(b) The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.(c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.(d) The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85–894, Sept. 2, 1958, 72 Stat. 1713; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), (5), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XIII, § 1322(b), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title V, § 553, Dec. 5, 1991, 105 Stat. 1371; Pub. L. 109–163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

314(a)

314(b)

314(c)

314(d)

32:11.

32:12.

10:998.

32:13.

32:14.

Jan. 21, 1903, ch. 196, § 12, 32 Stat. 776.

June 6, 1900, ch. 811, 31 Stat. 671.

June 3, 1916, ch. 134, § 66, 39 Stat. 199.

In subsection (a), the word “appointed” is omitted, since the position is not filled by appointment in some cases. The Act of January 21, 1903, ch. 196, § 12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section.

In subsection (b), the word “grade” is substituted for the word “rank”. The words “To be eligible for appointment as * * * a person must be” are substituted for the words “each * * * shall be”. The words “of that jurisdiction” are substituted for the words “of the Territory for which he is appointed”.

In subsection (c), the word “Regular” is inserted as an implication of 10:998 (last 2 words). The words “commanding general” are substituted for the words “brigadier general commanding”, since the commanding general might hold another grade.

The words “basic pay” are substituted for the words “active service pay” to conform to section 201 of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 232). The word “grade” is substituted for the word “rank”.

In subsection (d), the words “at such times and in such form” are omitted as covered by the words “such returns and reports as the Secretary * * * may prescribe”.

Editorial NotesAmendments

2006—Subsecs. (a), (d). Pub. L. 109–163 substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “State and Territory, Puerto Rico, and the District of Columbia”.

1991—Subsec. (b). Pub. L. 102–190 struck out “each Territory and” before “the District of Columbia” in first sentence, and struck out at end “To be eligible for appointment as adjutant general of a Territory, a person must be a citizen of that jurisdiction.”

1990—Subsec. (d). Pub. L. 101–510 struck out at end “Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.”

1988—Subsec. (a). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.

Subsec. (b). Pub. L. 100–456, § 1234(b)(5), struck out “, the Canal Zone,” after “each Territory” and “or the Canal Zone” after “a Territory”.

Subsec. (d). Pub. L. 100–456, § 1234(b)(1), struck out “the Canal Zone,” after “Puerto Rico,”.

1958—Subsec. (b). Pub. L. 85–894 struck out “Puerto Rico” in two places.

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1964–2023 · leading case: Nelson v. Geringer, 295 F.3d 1082 (10th Cir. 2002).
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Nelson v. Geringer, 295 F.3d 1082 (10th Cir. 2002). “12 32 U.S.C. § 314 ; Wy. Stat. Ann. § 19-7- *1093 103(a)(iv).”
Ass'n of Civilian Technicians, Inc. v. United States, 603 F.3d 989 (D.C. Cir. 2010). · cites it 2× “Title 32 provides, in turn, that when not called to federal duty by the President, 32 U.S.”
Maryland Ex Rel. Levin v. United States, 381 U.S. 41 (1965). · cites it 2× “13 National Defense Act, § 66, as amended, now 32 U. S. C. § 314 (d) (1958 ed.). 14 “Funds allotted by the Secretary of War for the support of the National Guard shall be available .”
Hanson v. Wyatt, 552 F.3d 1148 (10th Cir. 2008). “The Oklahoma militia is composed of able-bodied citizens (and persons who have declared their intent to become citizens) between the ages of 17 and 70, and is divided into three classes: “The National Guard, the Oklahoma State Guard, and the Unorganized Militia.”
Charles v. Rice, Sec'y USAF, 28 F.3d 1312 (1st Cir. 1994). “25, §§ 2058-2059; see also 32 U.S.C. § 314 . The Defense Department, the Secretaries of the Army and Air Force, and the National Guard Bureau prescribe regulations and issue orders to organize, discipline, and govern the Guard.”
James Singleton v. Merit Sys. Prot. Bd., 244 F.3d 1331 (Fed. Cir. 2001). “The NGTA provides in 32 U.S.C. § 314 for the existence of adjutants general in each state and territory, Puerto Rico, and the District of Columbia.”
Stanford v. United States, 992 F. Supp. 2d 764 (E.D. Ky. 2014). · cites it 2× “153 at 18, promulgated by the Adjutant General, a state officer, see 32 U.S.C. § 314 . Identifying KYARNG 350-7 as state or federal for purposes of the DFE is not as simple as pointing to its front page, however, given the National Guard’s hybrid state-federal status.”
Kenneth Erdel v. Dep't of the Army, 2023 MSPB 27 (MSPB 2023). “; see 32 U.S.C. § 314 . ¶7 Prior to 2016, 5 U.S.”
Wetherill v. Geren, 616 F.3d 789 (8th Cir. 2010). “See 32 U.S.C. § 314 . 5 . For example, the FTCA expressly included within "employee[s] of the Government” whose actions could give rise to liability "members of the military or naval forces of the United States.”
Nyberg v. State Military Dep't, 2003 WY 43 (Wyo. 2003). “3d at 1315 ; 32 U.S.C. § 314 . The Adjutant General is a state officer appointed by the governor but he is also an agent of the United States in his capacity as an administrator for federal technicians.”
Oxley v. Dep't of Military Affairs, 597 N.W.2d 89 (Mich. 1999). “32 U.S.C. § 314 . The federal Defense Department, the Secretaries of the Army and Air Force, and the National Guard Bureau prescribe regulations and issue orders to organize, discipline, and govern the guard.”
Uhl v. Swanstrom, 876 F. Supp. 1545 (N.D. Iowa 1995). “32 U.S.C. § 314 ; Charles, 28 F.3d at 1315 .”
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