Columbia, the Reserve Officers' Training Corps, and the citizens' military training camps, rifle clubs, and civilians, together with a small-arms firing school to be connected therewith and competitions for which trophies and medals are provided by the National Rifle Association of America; and for the cost and expenditures required for and incident to the conduct of the same, including the personal expenses of the members of the National Board for the Promotion of Rifle Practice, the sum necessary for the above-named purposes is hereby authorized to be appropriated annually as a part of the total sum appropriated for national defense: * * * Sec. 2, act of May 28, 1928 (45 Stat. 786), as amended by act of Apr. 11, 1936 (49 Stat. 1202); U. S. C. 32: 181b. The second paragraph of the original text of this section has been amended to read as above. 1253. Rifle ranges; construction and operation. "U. S. C. 32: 186" should be added to the citation to the first paragraph of this section, based on section 113, National Defense Act of June 3, 1916 (39 Stat. 211) (J. A. G. 010.3, Nov. 12, 1929, p. 35). 1254. Same; use of. "U. S. C. 32: 186" should be added to the citation to this section, based on section 113, National Defense Act of June 3, 1916 (39 Stat. 211) (J. A. G. 010.3, Nov. 12, 1929, p. 35). 109831-37-17 Composition : National Guard, 1261. Term, 1289. Oath, 1290. Enlistment in inactive National Guard; qualifications, term, and oath, 1291. National Guard of the United States, Federal recognition of officers: 1261a. Organization of the National Guard, 1262. Appointment of officers and warrant of ficers, National Guard of the United States: Authority, 1266a. Grades and branches, 1266b. Oath and examination, 1266c. Period of service, 1266d. Arms, equipment, and uniform, 1268. Commissions of officers, National Guard of the United States, 1272a. Courts martial; execution of processes and Detail of officers, National Guard of the With Regular Army, 1281. Examination, 1293. Oath, 1294. Withdrawal, 1294a. Federal service, call: General provision, 1295. Physical examination, 1299. Jurisdiction over, 1300. Federal service, National Guard of the General provision, 1302. Appointment of officers and warrant officers, 1303. Status on discharge, 1304. Funds, Federa! : Apportionment and availability, 1307. With General Staff or National Guard Inspection; general provisions, 1312. In an emergency, 1282a. Property, Federal; liability for loss, damage, or destruction, 1319. In connection with national matches, Property of the National Guard; credit when 1286a. Discharge of officers and warrant officers, National Guard and National Guard of the Discharge of enlisted men, National Guard brought into Federal service, 1322a. Status of officers of National Guard of the United States when not on active duty, 1323a. Transfer to and from inactive National Units; maintenance restricted, 1331. 1257a. Definitions. In this Act, unless the context or subject matter other wise requires (a) "National Guard" or "National Guard of the several States, Territories, and the District of Columbia" means that portion of the Organized Militia of the several States, Territories, and the District of Columbia, active and inactive, federally recognized as provided in this Act and organized, armed, and equipped in whole or in part at Federal expense and officered and trained under paragraph 16, section 8, article I of the Constitution. (b) "National Guard of the United States" means a reserve component of the Army of the United States, composed of those federally recognized units and organizations and persons duly appointed and commissioned in the active and inactive National Guard of the several States, Territories, and the District of Columbia, who have taken and subscribed to the oath of office prescribed in section 73 of this Act, and who have been duly appointed by the President in the National Guard of the United States, as provided in this Act, and of those officers and warrant officers appointed as prescribed in sections 75 and 111 of this Act, and of those persons duly enlisted in the National Guard of the United States and of the several States, Territories, and the District of Columbia who have taken and subscribed to the oath of enlistment prescribed in section 70 of this Act. Sec. 71, added to act of June 3, 1916, by sec. 9, act of June 15, 1933 (48 Stat. 157); U. S. C. 32, 4b. For sections 75, 111, and 70, National Defense Act as amended, see 1293, 1303, and 1290, post, respectively. NOTES OF DECISIONS Inactive National Guard.-The "inactive National Guard", referred to but not defined in this and other sections, comprises (1) Those headquarters and units included in the "modified program" for the development of the National Guard and allotted to the several States, but not authorized for organization and equipment. See N. G. R. 15. (2) Such federally recognized personnel as may be assigned thereto, up to and including the war strength of such units. (3) Inactive personnel assigned to active and recognized units in sufficient number to bring them up to war strength. (1934) 37 Op. Atty. Gen. 424. 1258. Plans, policies, and regulations; general provision. All policies and regulations affecting the organization and distribution of the National Guard of the United States, and all policies and regulations affecting the organization, distribution, and training of the National Guard, shall be prepared by committees of appropriate branches or divisions of the War Department General Staff, to which shall be added an equal number of officers from the National Guard of the United States, whose names are borne on lists of officers suitable for such duty, submitted by the governors of their respective States and Territories, and for the District of Columbia by the Commanding General, District of Columbia National Guard. * * * Provided, That when the subject to be studied affects the National Guard of the United States or the National Guard and the Officers' Reserve Corps, the Organized Reserves or the Enlisted Reserve Corps, such committees shall consist of an equal representation from the Regular Army, the National Guard of the United States, and the Officers' Reserve Corps. There shall be not less than ten officers on duty in the War Department General Staff, one-half of whom shall be from the National Guard of the United States and one-half from the Officers' Reserve Corps. For the purpose specified herein such officers shall be regarded as additional members of the General Staff while so serving: Provided further, That the Chief of Staff shall transmit to the Secretary of War the policies and regulations prepared as hereinbefore prescribed in this paragraph and advise him in regard thereto. After action by the Secretary of War thereon the Chief of Staff shall act as the agent of the Secretary of War in carrying the same into effect. The Chief of Staff shall exercise the same supervision and control of the reserve components of the Army of the United States as he does over the Regular Army. Sec. 5, act of June 3, 1916 (39 Stat. 167), as amended by sec. 5, act of June 4, 1920 (41 Stat. 763), as amended by sec. 2, act of June 15, 1933 (48 Stat. 153); U. S. C. 10: 38. The second paragraph of the original text of this section has been amended as above. For pay and allowances of officers ordered to active duty as members of General Staff committees, see 1307, 1557, 1583, post. 1259. Militia; composition. NOTES OF DECISIONS Status as State employees.-The National Guard is a State organization except as it may be called into Government service, so that guardsman injured in connection with duties at drill is "employee" of the State within compensation law. Baker v. State (N. C. 1931) 156 S. E. 917. 1261. Composition; National Guard.-The National Guard of each State, Territory, and the District of Columbia shall consist of members of the militia voluntarily enlisted therein, who upon original enlistment shall be not less than eighteen nor more than forty-five years of age, or who in subsequent enlistment shall be not more than sixty-four years of age, organized, armed, equipped, and federally recognized as hereinafter provided, and of commissioned officers and warrant officers who are citizens of the United States between the ages of twenty-one and sixty-four years: Provided, That former members of the Regular Army, Navy, or Marine Corps under sixty-four years of age may enlist in said National Guard. Sec. 58, act of June 3, 1916 (39 Stat. 197), aş amended by sec. 1, act of Feb. 28, 1925 (43 Stat. 1075), as amended by sec. 5, act of June 15, 1933 (48 Stat. 155); U. S. C. 32: 4. This section has been amended as above. 1261a. Same; National Guard of the United States.-The National Guard of the United States is hereby established. It shall be a reserve component of the Army of the United States and shall consist of those federally recognized National Guard units, and organizations, and of the officers, warrant officers, and enlisted members of the National Guard of the several States, Territories, and the District of Columbia, who shall have been appointed, enlisted and appointed, or enlisted, as the case may be, in the National Guard of the United States, as hereinafter provided, and of such other officers and warrant officers as may be appointed therein as provided in section 111 hereof: Provided, That the members of the National Guard of the United States shall not be in the active service of the United States except when ordered thereto in accordance with law, and, in time of peace, they shall be administered, armed, uniformed, equipped, and trained in their status as the National Guard of the several States, Territories, and the District of Columbia, as provided in this Act: And provided further, That under such regulations as the Secretary of War shall prescribe, noncommissioned officers, first-class privates, and enlisted specialists of the National Guard may be appointed in corresponding grades, ratings, and branches of the National Guard of the United States, without vacating their respective grades and ratings in the National Guard: And provided further, That in the grades of first lieutenant and second lieutenant the number shall be unlimited. Sec. 58, act of June 3, 1916 (39 Stat. 197), as amended by sec. 1, act of Feb. 28, 1925 (43 Stat. 1075), by sec. 5, act of June 15, 1933 (48 Stat. 155); and by sec. 2, act of June 19, 1935 (49 Stat. 391); U. S. C. 32: 4a. For portion of section 111, National Defense Act, referred to, see 1303, post. 1262. Organization of the National Guard.-Except as otherwise specifically provided herein, the organization of the National Guard, including the composition of all units thereof, shall be the same as that which is or may hereafter be prescribed for the Regular Army, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. And the President may prescribe the particular unit or units, as to branch or arm of service, to be maintained in each State, Territory, or the District of Columbia in order to secure a force which, when combined, shall form complete higher tactical units: Provided, That no change in allotment, branch, or arm of units or organizations wholly within a single State will be made without the approval of the governor of the State concerned. Sec. 60, act of June 3, 1916 (39 Stat. 197), as amended by sec. 36, act of June 4, 1920 (41 Stat. 781), as amended by sec. 6, act of June 15, 1933 (48 Stat. 156); U. S. C. 32: 5. The first paragraph of this section as been amended as above. NOTES OF DECISIONS Detached officers' list.-The Governor can create a detached officers' list and transfer an officer thereto without the action of a court martial. Baker v. Harris (Ark. 1929) 13 S. W. (2d) 33. 1263. Strength. * Transfer of an officer to the detached officers' list is not a deprivation of office. Id. * $500,000 of which shall be available exclusively for defraying the cost of increasing the strength of the National Guard from approximately one hundred and ninety-five thousand to not exceeding an average of two hundred thousand officers and men * * * Title I, War Department Appropriation Act of May 15, 1936 (49 Stat. 1299). The above provision is added as a new paragraph of this section. 1266a. Appointment of officers and warrant officers, National Guard of the United States; authority.—* ** Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); U. S. C. 32: 18. 1266b. Same; grades and branches.-The President is authorized to appoint in the same grade and branch in the National Guard of the United States any person who is an officer or warrant officer in the National Guard of any State, Territory, or the District of Columbia and who is federally recognized in that grade and branch: Provided, That acceptance of appointment in the same grade and branch in the National Guard of the United States, by an officer of the National Guard of a State, Territory, or the District of Columbia, shall not operate to vacate his State, Territory, or District of Columbia National Guard office. Sec. 73, act of June 3, 1916 (39 Stat. 201), as amended by sec. 11, act of June 15, 1933 (48 Stat. 158); U. S. C. 32: 113a. 1266c. Same; oath and examination.-Officers or warrant officers of the National Guard who are in a federally recognized status on the date of the approval of this Act shall take the oath of office herein prescribed and shall be appointed in the National Guard of the United States in the same grade and branch without further examination, other than physical, within a time limit to be fixed by the President, and shall in the meantime continue to enjoy all the rights, benefits, and privileges conferred by this Act. Sec. 73, act of June 3, 1916 (39 Stat. 201), as amended by sec. 11, act of June 15, 1933 (48 Stat. 158); U. S. C. 32: 113a. For oath of office referred to, see 1294, post. 1266d. Same; period of service.-Officers in the National Guard of the United States shall be appointed for the period during which they are federally recognized in the same grade and branch in the National Guard: Provided, That an appointment in force at the outbreak of war shall continue in force until |