officers, and enlisted men of the National Guard and Organized Reserves may be ordered to duty, with their consent, for the care, maintenance, and operation of the ranges used in the conduct of the national matches and such officers, warrant officers, and enlisted men while so engaged shall be entitled to the same pay, subsistence, and transportation as officers, warrant officers, and enlisted men of corresponding grades of the Regular Army are entitled by law, which expense shall be provided by the appropriation "Promotion of rifle practice"; and after being duly mustered may be paid for the period from the date of leaving home rendezvous to date of return thereto as determined in advance, both dates inclusive. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1299). 1562. Same; enlisted men of the National Guard called into Federal service. "U. S. C. 32: 157" should be added to citation to this section, based on section 10, act of January 21, 1903 (32 Stat. 776) (J. A. G. 010.3, November 12, 1929, page 29). 1563. Same; enlisted men of the National Guard of the United States; ordered into Federal service in time of national emergency.-Officers and enlisted men while in the service of the United States under the terms of this section shall receive the pay and allowances provided by law for officers and enlisted men of the reserve forces when ordered to active duty, except brigadier generals and major generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular Army, respectively * *. Sec. 111, act of June 3, 1916 (39 Stat. 211), as amended by sec. 49, act of June 4, 1920 (41 Stat. 784), as amended by sec. 18, act of June 15, 1933 (48 Stat. 161); U. S. C. 32: 81. This section has been amended as above. 1564. Same; enlisted men of the inactive National Guard engaged in encampments, maneuvers, or other exercises. * * Members of said inactive National Guard, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said National Guard when likewise engaged. Sec. 78, act of June 3, 1916 (39 Stat. 202), as amended by sec. 42, act of June 4, 1920 (41 Stat. 782), as amended by sec. 2, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 15, act of June 15, 1933 (Stat. 159); U. 8. C. 32: 133. * The second paragraph of this section has been amended as above. 1576. Allowances for quarters, subsistence, and transportation; general provisions; travel in connection with flying duty. * * * * Provided, That for travel by air under competent orders on duty without troops, under regulations to be prescribed respectively by the heads of the departments concerned, members of the legally constituted reserves of said services while on active duty, and of the National Guard while in Federal service, or while participating in exercises, or performing duties under section 92, 94, 97, or 99 of the National Defense Act, shall, in lieu of mileage or other travel allowances, be allowed and paid their actual and necessary traveling expenses not to exceed $8 per day, or, in lieu thereof, per diem allowances at rates not to exceed $6 per day." Sec. 12, act of June 10, 1922 (42 Stat. 631), as amended by sec. 1, act of March 2, 1931 (46 Stat. 1461); U. S. C. 37: 20. The above provision is added as a new paragraph of this section. 1579. Same; Reserve officers on active duty. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 79) that the second paragraph of this section, based on War Department appropriation act of February 28, 1929 (45 Stat. 1370), and subsequent appropriation acts, U. S. C. 10: 367, be omitted from the Code as temporary; nor the recommendation (J. A. G. 010.3, November 12, 1929, page 80) that the third paragraph, based on act of April 15, 1926 (44 Stat. 283); U. S. C. 10: 367a, be omitted from the Code as duplicating in part the more comprehensive provision contained in the third paragraph of 1544, ante. 1581. Same; National Guard called into Federal service. "U. S. C. 32: 157" should be added to citation to this section, based on section 10, act of January 21, 1903 (32 Stat. 776) (J. A. G. 010.3, November 12, 1929, page 29). 1582. Same; National Guard of the United States ordered into Federal service in time of national emergency.-Officers and enlisted men while in the service of the United States under the terms of this section shall receive the pay and allowances provided by law for officers and enlisted men of the reserve forces when ordered to active duty, except brigadier generals and major generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular Army, respectively. Sec. 111, Act of June 3, 1916 (39 Stat. 211), as amended by sec. 49, act of June 4, 1920 (41 Stat. 784), as amended by sec. 18, act of June 15, 1933 (48 Stat. 161); U. S. C. 32: 81. This section has been amended as above. * * * 1583. Same; officers of the National Guard of the United States ordered to active duty with General Staff or National Guard Bureau.-When on such active duty an officer of the National Guard of the United States shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay: * * Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); U. S. C. 32: 142a. * The President may also order, with their consent, to active duty in the National Guard Bureau, not more than four officers who at the time of their initial assignments hold appointments in the National Guard of the United States, and any such officers while so assigned shall receive the pay and allowances provided by law. Sec. 81, act of June 3, 1916 (39 Stat. 203), as amended by sec. 44, act of June 4, 1920 (41 Stat. 782), as amended by sec. 4, act of Sept. 22, 1922 (42 Stat. 1034), as amended by sec. 3, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 16, act of June 15, 1933 (48 Stat. 160); U. S. C. 32: 175. The first provision above is inserted as a new paragraph of this section. The first sentence of the original text, based on section 81, National Defense Act, as amended; U. S. C. 32: 175, has been amended as indicated in second paragraph above. The second sentence of the original text, based on section 81, National Defense Act, as amended; U. S. C. 32: 147, has been superseded. 1584. Same; National Guard and inactive National Guard engaged in encampments, maneuvers, or other exercises. Members of said inactive National Guard, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said National Guard when likewise engaged. Sec. 78, act of June 3, 1916 (39 Stat. 202), as amended by sec. 42, act of June 4, 1920 (41 Stat. 782), as amended by sec. 2, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 15, act of June 15, 1933 (48 Stat. 159); U. S. C. 32: 133. The second paragraph of this section has been amended as above. 1589. Same; civilians giving or undergoing instruction in the use of rifled arms. The second paragraph of this section, based on act of June 5, 1920 (41 Stat. 966); U. S. C. 32: 185, should be omitted as superseded by the third paragraph (J. A. G. 010.3, July 10, 1931, page 142). 1591. Commutation of subsistence; members of the Reserve Officers' Training Corps. "U. S. C. 10: 444" should be eliminated from the citation to the second paragraph of this section and "U. S. C. 10: 387a" added (J. A. G. 010.3, February 14, 1931, pages 1, 2). 1593. Date of beginning of pay of militia in active service. The words "or any portion of the militia is called forth under the provisions of this act", in second line of first paragraph of this section, contained in section 11, act of January 21, 1903 (32 Stat. 776), as amended, but omitted from the original Code, have been included in U. S. C. 32:157 (J. A. G. 010.3, November 12, 1929, page 29). The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 28) that the second paragraph, based on section 1, act of August 29, 1916 (39 Stat. 624), U. S. C. 32: 155, be omitted as obsolete. 1594. Pay when disabled in line of duty. This seetion has been repealed. See 1088, ante. 1598a. Payment to recipients of pension, disability or retirement benefits.-No part of the appropriations made in this Act shall be available for pay, allowances, or traveling or other expenses of any officer or enlisted man of the National Guard who may be drawing a pension, disability allowance, disability compensation, or retired pay (where retirement has been made on account of physical disability or age) from the Government of the United States: Provided, That nothing in this provision shall be so construed as to prevent the application of funds herein contained to the pay, allowances, or traveling expenses of any officer or enlisted man of the National Guard who may surrender said pension, disability allowance, disability compensation, or retired pay for the period of his service in the National Guard: Provided further, That adjutants general who may be drawing such emoluments may be continued in a federally recognized status without pay under this Act. Title 1, War Department appropriation act of April 9, 1935 (49 Stat. 139). No appropriation made in this Act shall be available for pay, allowances, or traveling or other expenses of any officer of the Organized Reserves who may be drawing a pension, disability allowance, disability compensation, or retired pay from the Government of the United States: Provided, That nothing in this provision shall be so construed as to prevent the application of funds herein contained to the pay, allowances, or traveling expenses of any officer or enlisted man of the Reserve Corps who may surrender said pension, disability allowance, disability compensation, or retired pay for the period of his active duty in the Reserve Corps. Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 141). The above provisions have been repeated in subsequent appropriation acts. A similar provision as to officers and enlisted men of the Naval and Marine Corps Reserves is found in sec. 1, act of March 15, 1934, making appropriations for the Navy Department (48 Stat. 408), and subsequent appropriation acts. NOTES OF DECISIONS The first paragraph of this section, mak National Guard personnel.-Under the first | paragraph of this section, officer in National ing certain members of National Guard inGuard receiving pension from United States cannot, without surrendering pension, receive benefits extended by Federal Government to members of State militia (Act, Mar. 4, 1933, sec. 1 (47 Stat. 1589); Const. art. 1, sec. 8, cl. 16). United States v. Dern (App. D. C. 1934), 74 F. (2d) 485. eligible for Federal pay except on surrender of Government pension, held not repealed by subsequent general act relating to militia organization (Act, Mar. 4, 1933, sec. 1 (47 Stat. 1589); Const. art. 1, sec. 8, cl. 16). Id. CHAPTER 29 PAY AND ALLOWANCES, CIVILIAN EMPLOYEES Personnel Classification Board: Establishment and composition, 1601. Reallocation of positions, 1602a. Compensation schedules: Employees within the District of Columbia, 1603. Field service, 1604. Additional compensation-Continued. From private contributions, prohibited, 1618. Allowances in kind: Employees stationed in foreign countries, 1620a. Hospital matrons and nurses in post and regimental hospitals, 1621. Compensation fixed by wage boards, Average provision, 1622. 1604a. Hospital matrons, 1605. Employees of national armory, 1606. Absence with leave: Economy Act, 1609a. General provision, 1609b. Sick leave, 1609c. Arsenal employees, 1610. Additional compensation: For dual office, prohibited, 1614. Stoppage of pay; overpayments received, 1630a. Subsistence and travel expense: General provisions, 1631. Limitation on rate, 1631a. Employees on river and harbor works, Expert accountant, Inspector General's Transportation of effects, 1633a. Travel by own automobile, 1634a. 1601. Personnel Classification Board; establishment and composition.-There is hereby created a position of director of classification, who shall be appointed by the board, which hereafter shall consist only of the Director of the Bureau of the Budget, a member of the Civil Service Commission, and the Chief of the United States Bureau of Efficiency, the Director of the Bureau of the Budget to be the chairman of the board, and who, under the general direction of the board, shall exercise and perform all powers and duties which the board is authorized to exercise and perform. Sec. 3, act of Mar. 4, 1923 (42 Stat. 1489), as amended by sec. 6, act of July 3, 1930 (46 Stat. 1005); U. S. C. 5: 663, 663b. This section has been amended to read as above. The duties, powers, and functions of the Personnel Classification Board are hereby transferred to the Civil Service Commission; and (a) the Personnel Classification Board, and the position of director of classification are hereby abolished; (b) all records and property, including office furniture and equipment, of the Board, are hereby transferred to the Civil Service Commission; and (c) such of the officers and employees of the Board, as in the judgment of the Civil Service Commission, are indispensable to the efficient operation of the commission, are hereby transferred to such commission, and all other officers and employees of such Board shall be dismissed. Sec. 505, Title V, Part II, act of June 30, 1932 (47 Stat. 416); U. S. C. 5: 633a. The above provision is added as a new paragraph of this section. Secs. 506 (as amended by sec. 1, Title I, act of March 28, 1934, making appropriations for independent offices (48 Stat. 512)), 507, and 508 of the act cited in second paragraph |