Authorized strength of the National Guard, Federal property; liability for loss, damage,

$500,000 shall be available exclusively for defraying the cost of increasing the strength of the National Guard above approximately two hundred and five thousand officers and men. * Sec. 1, military appropriation act of Apr.

26, 1939 (53 Stat. 612).

The above provision is added as a new paragraph of this section.

In connection with Proclamation No. 2352, September 8, 1939, proclaiming the existence of a limited national emergency, the increase as quickly as possible in the enlisted strength of existing active units of the National Guard to 235,000 was authorized by Executive Order No. 8244, September 8, 1939, with such increase in commissioned strength as is essential for command.

1269. Caretakers. That the funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase and issue of forage, bedding, shoeing, and veterinary services, and supplies for the Government animals issued to any organization, and for animals animals owned or or hired by any State, Territory, District of Columbia, or National Guard organization, not exceeding the number of animals authorized by Federal law for such organization and used solely for military purposes, and for the compensation of competent help for the care of material, animals, armament, and equipment of organizations of all kinds, under such regulations as the Secretary of War may prescribe. The compensation paid to caretakers who belong to the National Guard, as herein authorized, shall be in addition to any compensation authorized for members of the National Guard under any of the provisions of the 1 National

Defense Act.

Under such regulations as the Secretary of War shall prescribe, the material, animals, armament, and equipment, or any part thereof, of the National Guard of any State, Territory, or the District of Columbia or organizations thereof, may be put into a common pool for care, maintenance, and storage; and the employment of caretakers therefor, not to exceed fifteen for any one pool, is hereby authorized.

Commissioned officers of the National Guard shall not be employed as caretakers except that, under such regulations as the Secretary of War shall prescribe,

one such officer not above the grade of captain for each heavier-than-air squadron, and one such officer not above the grade of captain for each pool, may be employed. Either enlisted men or civilians may be employed as caretakers, but if there are as many as two caretakers in any unit, one of them shall be an enlisted

man.

Funds hereafter appropriated under the provisions of the National Defense Act, as amended, for the support of the National Guard of the several States, Territories, and the District of Columbia, shall be supplemental to moneys appropriated by the several States, Territories, and the District of Columbia, for the support of the National Guard, and shall be available for the hire of caretakers and clerks: Provided, That the Secretary of War shall, by regulations, fix the salaries of all caretakers and clerks hereby authorized to be employed, and shall also designate by whom they shall be employed. Sec. 90, act of June 3, 1916 (39 Stat. 205); sec, 46, act of June 4, 1920 (41 Stat. 783); sec. 5, act of June 6, 1924 (43 Stat. 471); sec. 1, act of May 28, 1926 (44 Stat. 673); act of Apr. 21, 1928 (45 Stat. 440); sec. 6, act of June 19, 1935 (49 Stat. 392); sec. 1, act of Oct. 14, 1940 (54 Stat. 1134); 32 U. 8. C. 42.

For compensation of help for care of materials, animals, and equipment, $4,349,970, of which $212,350 shall be available exclusively for the compensation of employees engaged upon Federal property custodial and accounting work and such other work as they may be required to perform by the properly constituted State authorities: Provided, That the number of caretakers authorized to be employed for any one heavier-than-air squadron under the provisions of section 90 of the National Defense Act of June 3, 1916, as amended, may be increased from thirteen to twenty-one. Sec. 1, military appropriation act of June 13, 1940 (54 Stat. 371); 32 U. S. C. 42.

The first paragraph of the original text of this section was amended as indicated by first paragraph, supra.

The second and third provisions, supra, are added as new paragraphs.

The second, in regard to duties of caretakers, appeared in slightly different form In military appropriation act of April 26, 1939 (53 Stat. 611).

The third, authorizing increase in number of caretakers, appeared in supplemental military appropriation act of July 1, 1939 (53 Stat. 996), being applicable to the fiscal year 1940 only. It is here put into permanent form.

1286a. Detail in connection with national matches.

This provision has been repeated in subsequent appropriation acts.

1302. Federal service, National Guard of the United States; general provision. For authority of the President to order the National Guard of the United States into active military service for a 12-month training period, see 2220–1, post.

For policy of Congress to supplement the Regular Army with the National Guard of the United States when necessary for the national security, see 2225-1, post.

1306. Funds; appropriations authorized.

By third supplemental national defense appropriation act of October 8, 1940 (54 Stat. 970), certain funds appropriated for the National Guard in the military appropriation act for the fiscal year 1941 were transferred to Regular Army appropriations.

1307. Funds; apportionment and availability.

By Executive Order No. 8101, April 28, 1939, certain public lands in the State of Wyoming were withdrawn for the use of the War Department as a target range for the Wyoming National Guard.

1308. Funds; disbursement and accounting.

The second paragraph of this section has been repeated in subsequent appropriation acts. "32 U. S. C. 51" should be added to the citation.

1319. Federal property; liability for loss, damage, or destruction.

The third paragraph of this section has been repeated in subsequent appropriation acts. “32 U. S. C. 47-1" should be added to citation.

1323. State troops; maintenance and use. No State shall maintain troops in time of peace other than as authorized in accordance with the organization prescribed under this Act: Provided, That nothing contained in this Act shall be construed as limiting the rights of States and Territories in the use of the National Guard within their respective borders in time of peace: Provided further, That nothing contained in this Act shall prevent the organization and maintenance of State police or constabulary: Provided further, That under such regulations as the Secretary of War may prescribe for discipline in training, the organization by and maintenance within any State of such military forces other than National Guard as may be provided by the laws of such State is hereby authorized while any part of the National Guard of the State concerned is in active Federal service: Provided further, That such forces shall not be called, ordered, or in any manner drafted, as such, into the military services of the United States; however, no person shall, by reason of his membership in any such unit, be exempted from military service under any Federal law: And provided further, That the Secretary of War in his discretion and under regulations determined by him, is authorized to issue, from time to time, for the use of such military units, to any State, upon requisition of the Governor thereof, such arms and equipment as may be in possession of and can be spared by the War Department. Sec. 61, act of June 3, 1916 (39 Stat. 198); act of Oct. 21, 1940 (54 Stat. 1206); 32 Ų. S. C. 194. This section has been amended as above.

* *

1325. Training; drill and indoor target practice.-Under such regulations as the Secretary of War shall prescribe, each company, troop, battery, and detachment in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year, *. Provided, That an assembly for drill and instruction may consist of a single duly ordered formation of a company, troop, battery, or detachment, or when so authorized by the Secretary of War of a series of duly ordered formations of subdivisions or parts thereof, but in the latter case the series of formations of subdivisions or groups must comprehend and include the entire organization, and must be included within the time limit of seven consecutive days within a calendar month. The sum total of the attendance at all the separate consecutive formations announced as constituting that assembly shall be counted as the attendance at the actual military assembly for the required period of time; but no officer, warrant officer, or enlisted man shall be counted more than once, nor receive credit for more than one required period of actual military attendance even though he may have attended more than one of the formations which constitute the assembly for the required period of time: Provided further, That credit for an assembly for drill or for indoor target practice shall not be given unless the number of officers and enlisted men present for duty at such assembly shall equal or exceed a minimum to be prescribed by the President, nor unless the period of actual military duty and instruction participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present shall be of at least one and one-half hours' duration and the character of training such as may be prescribed by the Secretary of War: Provided further, That any flight ordered by competent authority and performed by an appropriately rated Air Corps officer or enlisted man of the National Guard assigned to an Air Corps unit thereof, or so performed by an officer or enlisted man of the Medical Department of the said National Guard regularly attached to an Air Corps unit of the National Guard by appro

priate authority, may be credited for the same purpose and to the same extent as attendance at drill: Provided further, That in performing the flight so ordered the officer or enlisted man is prevented, by the making of such flight, from attending a regularly scheduled drill formation of his unit or the unit with which the said officer or enlisted man is required to drill. Sec. 92, act of June 3, 1916 (39 Stat. 206); sec. 2, act of June 3, 1924 (43 Stat. 363); sec. 2, act of Oct. 14, 1940 (54 Stat. 1135); 32 U. S. C. 62.

This section has been amended as above.

1326. Training; encampments, maneuvers, and other exercises. ***

The first paragraph of the original text of this section was reenacted without change by section 2, act of October 14, 1940 (54 Stat. 1135).

Notes of Decisions

Status of trainees. The act of enlisting in | enlisted men participating in field training the National Guard is of a contractual na- outside the State, claim for pay for attendture, resulting in employment of the en- ing field training at Camp Bullis, Tex., would listed man by the State. 32 U. S. C. A., be illegal and wage could not form basis 'sec. 128. Andrews et al. v. State et al. for computing death benefits under Work(Ariz., 1939), 90 P. (2d) 995. men's Compensation Law. Laws 1937, c. 73, sec. 1, subd. 33; Rev. Code 1928, sec. 2220, as amended by Laws 1929, c. 60, sec. 8; Rev. Code 1928, sec. 1391 et seq.; 32 U. S. C. A., sec. 63, 123.. Id.

Where statute prescribed rate of pay for officers and enlisted men in the National Guard while under orders on local or State duty but did not provide a per diem for

1331. Units; maintenance restricted.

This provision has been repeated in subsequent appropriation acts.

ADMINISTRATION OF OATHS

Oaths to expense accounts, 1337.

1337. Oaths to expense accounts.-Postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments, independent establishments, and other Government agencies, or of bureaus thereof, the superintendent, the acting superintendent, custodian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies, chiefs of field parties, and any officer or employee of any executive department, independent establishment, or other Government agency, in the District of Columbia or elsewhere, who shall have been designated in writing for such purpose by the head of the department, establishment, or agency concerned, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and no fee or money paid for the services herein described shall be paid or reimbursed by the United States. Sec. 8, act of Aug. 24, 1912 (37 Stat. 487); act of June 6, 1939 (53 Stat. 810); 5 U. S. C. 97; 16 U. S. O. 454; 19 U. S. C. 50; 25 U. S. C. 34; 26 U. S. C. 1756; 33 U. S. C. 768; 39 U.S. C. 33.

The first paragraph of this section has been amended as above.

By act of August 5, 1939 (53 Stat. 1219), postmasters in Alaska were authorized to administer oaths and perform all other functions of a notary public as required by acts of Congress.

By act of October 14, 1940 (54 Stat. 1175), employees of the Department of the Interior, designated by the Secretary, are authorized to administer oaths necessary in the performance of their official duties.

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