any time and when made shall be irrevocable during the period of entitlement to family allowance as set out in section 101: Provided, That the Secretary of the department concerned is authorized to make the election on behalf of the enlisted man in any case in which he deems it desirable and finds it impracticable for the enlisted man to so elect, subject to termination at a later date upon specific request of the enlisted man. If an election is made the monetary allowance payments shall be discontinued at a date to be prescribed by the Secretary of the department concerned. The monthly pay of any enlisted man of the first, second, or third grades who is provided with public quarters for his dependents and any of whose dependents is receiving a family allowance shall be reduced by, or charged with, 90 cents per day. Sec. 108, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 383); sec. 8, act of Oct. 26, 1943 (57 Stat. 579); 37 U. S. C. 208. For section 10, Pay Readjustment Act of 1942, supra, see 1371c-10(2).

1166-9. Family allowances; designation of payee.-Any family allowance to which any dependent or dependents of any enlisted man is entitled under the provisions of this title shall be paid on behalf of such dependent or dependents to any person who may be designated by such enlisted man unless the Secretary of the department concerned determines that the person so designated is not an appropriate payee. In any case in which the Secretary of the department concerned determines that the person so designated is not an appropriate payee or in any case in which the enlisted man has not designated a payee, such allowance shall be paid on behalf of such dependent or dependents to such person as may be designated in regulations prescribed by the Secretary of the department concerned.

(b) In the event of the death of a dependent, any amount of the family allowance to which his entitlement ceases with the last day of the calendar month in which death occurs, and which is uncollected at the time of death, shall be paid to such person or persons as the Secretary of the department concerned directs. Sec. 109, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 384); sec. 9, act of Oct. 26, 1943 (57 Stat. 580); 37 U. S. C. 209.

1166-10. Family allowances; pay status of soldier.-(a) Entitlement to and payment of any family allowance authorized under provisions of this title to the dependent or dependents of any enlisted man shall not be contingent upon pay accruing to such enlisted man or upon the monthly pay of such man being reduced by or charged with any amount.

(b) In case of the desertion or imprisonment of any enlisted man to the dependent or dependents of whom a family allowance has been granted under the provisions of this title, the family allowance thereafter payable to such dependent or dependents and the reduction of or charge to pay of such enlisted man shall be determined in accordance with such regulations as may be prescribed by the Secretary of the department concerned.

(c) In any case in which an enlisted man is entitled to receive or to have credited to his account pay and allowances for any period under the Act of March 7, 1942 (Public Law 490, Seventy-seventh Congress), such enlisted man shall be deemed to be an enlisted man during such period for the purposes of this title.

(d) Nothing contained in this Act shall be construed to modify the Act approved March 7, 1942 (Public Law 490, Seventy-seventh Congress). Sec. 110, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 384); sec. 10, act of Oct. 26, 1943 (57 Stat. 580); 37 U. S. C. 210.

For act of March 7, 1942, supra, see 2165a, post.

1166-11. Family allowances; administration. This title shall be administered by the Secretary of War in its application to enlisted men of the Army of the United States and the dependents of such enlisted men and shall be administered by the Secretary of the Navy in its application to enlisted men of the United States Navy, the Marine Corps, and the Coast Guard, and the dependents of such enlisted men. Said Secretaries are authorized to prescribe jointly or severally such regulations as they may deem necessary to enable them to carry out the provisions of this title and to delegate to such officers or employees of their respective departments as they may designate any of their functions under this title. Sec. 111, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 384); 37 U. S. C.

211.

1166-12. Family allowances; determination of facts and liability for erroneous payments.-The determination of all facts, including the fact of dependency, which it shall be necessary to determine in the administrationof this title shall be made by the Secretary of the department concerned and such determination shall be final and conclusive for all purposes and shall not be subject to review in any court or by any accounting officer of the Government. The Secretary of the department concerned may at any time on the basis of new evidence or for other good cause reconsider or modify any such determination, and may waive the recovery of any money erroneously paid under this title whenever he finds that such recovery would be against equity and good conscience. The General Accounting Office shall not refuse to allow credit in the accounts of any disbursing officer for any erroneous payment or overpayment made by him in carrying out the provisions of this title unless such erroneous payment or overpayment was made by him as the result of his gross negligence or with the intent to defraud the United States. No recovery shall be made from any officer authorizing any erroneous payment or overpayment under this title unless such payment was authorized by him as the result of his gross negligence or with the intent to defraud the United States. Sec. 112, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 384); 37 U. S. C. 212.

1166-13. Family allowances; appropriations.-Any appropriations heretofore or hereafter made to the department concerned for the pay of enlisted men shall be available for the payment of the family allowances payable under the provisions of this title. Sec. 113, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); 37 U. S. C. 213.

1166-14. Family allowances; cooperation by Director of Selective Service System.-The Director of the Selective Service System is authorized and directed to cooperate with the Secretary of War and the Secretary of the Navy by providing them with such information in the possession of, or available to, the Selective Service System as may be necessary to enable them to efficiently administer the provisions of this title. Sec. 114, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); 37 U. S. C. 214.

1166-15. Family allowances; assignment or attachment.-The monthly family allowances payable under the provisions of this title shall not be assignable; shall not be subject to the claims of creditors of any person to whom or on behalf of whom they are paid; and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever. Sec. 115, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); 37 U. S. C. 215.

1166-16. Family allowances; penalty for obtaining by fraud.—Whoever shall obtain or receive any money, check, or family allowance under this title, without being entitled thereto and with intent to defraud, shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both. Sec. 116, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); 37 U. S. C. 216.

1166-17. Family allowances; penalty for false statements.-Whoever in any claim for family allowance or in any document required by this title or by regulation made under this title makes any statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. Sec. 117, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); 37 U. S. C. 217.

1166-18. Family allowances; penalty for receipt when not entitled.-Any person who has been entitled to payment of a family allowance under this title and whose entitlement to payment of such allowance has ceased shall, if he thereafter accepts payment of such allowance with the intent to defraud, be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both. Sec. 118, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); 37 U. S. C. 218.

1166-19. Family allowances; payment of fees prohibited. Any person who shall, directly or indirectly, solicit, contract for, charge, or receive or shall attempt to solicit, contract for, charge, or receive any fee or compensation for assisting in any manner an enlisted man or dependent in obtaining a family allowance payable under this title, shall, upon conviction thereof, be guilty of a misdemeanor and for each and every offense shall be punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment. Sec. 119, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); sec. 11, act of Oct. 26, 1943 (57 Stat. 580); 37 U. S. C. 219.

1166-20. Family allowances; definitions.-As used in this title(a) The term "wife" means a lawful wife.

(b) The term "former wife divorced" means a former wife divorced who has not remarried and to whom alimony has been decreed and is still payable. (c) The term "child" includes

(1) a legitimate child;

(2) a child legally adopted;

(3) a stepchild, if a member of the man's household, including a stepchild who continues as a member of the man's household after death of the mother or termination of the marriage; and

(4) an illegitimate child, but only if the man has been judicially ordered or decreed to contribute to such child's support; has been judicially decreed to be the putative father of such child; or, has acknowledged in writing, that he is the father of such child.

(d) The term "child" also includes a person to whom the man stands in loco parentis and has so stood for not less than twelve months prior to the date of application on behalf of such child.

(e) The term "parent" includes father and mother, grandfather and grandmother, stepfather and stepmother, father and mother through adoption, either of the person in the service or of the spouse, and persons who, for a period of not less than one year prior to the man's enlistment or induction, stood in loco parentis to the man concerned: Provided. That not

more than two within those named therein may be designated to receive an allowance, and in the absence of a designation by the enlisted man preference shall be given to the parent, or parents not exceeding two, who actually exercised parental relationship at the time of or most nearly prior to the date of the enlisted man's entrance into active service: Provided further, That if such parent or parents be not dependent or waive an allowance, preference may be extended to others within the class who at a more remote time actually supported the enlisted man prior to entrance into service.

(f) The terms "brother" and "sister” include brothers and sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and brothers and sisters through adoption.

(g) The terms "child", "brother", and "sister" are limited to unmarried persons either (1) under eighteen years of age, or (2) of any age, if incapable of self-support by reason of mental or physical defect.

(h) The terms "pay" and "base pay" means base pay and longevity pay only.

(i) The terms "man" and "enlisted man" mean any enlisted individual, male or female, of the first to seventh grades, both inclusive, and any aviation cadet, in any of the services mentioned in section 101 of this ́ Act, and any member, except the leader and second leader, of the band of the United States Marine Corps, but do not include any member of the Philippine Army, the Philippine Scouts, the insular force of the Navy, the Samoan native guard or band of the Navy, or the Samoan reserve force of the Marine Corps.

(j) The term "department concerned" means the War Department or the Navy Department, whichever may be the appropriate one in the particular case. Sec. 120, Servicemen's Dependents Allowance Act of June 23, 1942 (56 Stat. 385); secs. 12 and 13, act of Oct. 26, 1943 (57 Stat. 580, 581); 37 U.S. C. 220.

1166-21. Family allowances; dependents of enlisted females.-The dependents of an enlisted female shall be as prescribed by this title except that husband and children shall be included as dependents only when found by the Secretary of the department concerned to be dependent upon her for chief support. The amount of the family allowance payable to the dependents of an enlisted female shall be as prescribed by this title except that the amount for a husband or husband and children shall be that prescribed for a wife or wife and children. The provisions of this section shall be applicable to dependents of any enlisted female only insofar as such provisions are not inconsistent with the provisions of any law pertaining to the service of which she is a member. Sec. 121, added to act of June 23, 1942, by sec. 14, act of Oct. 26, 1943 (57 Stat. 581); 37 U. S. C. 221.

For effective date of act of October 26, 1943, supra, see section 15 thereof (57 Stat. 581). 1167. Family allowance; audit work.-None of the moneys appropriated by this or any other Act shall be available to the War Department or the Military Establishment for audit work for the purpose of reconciling family allowance pay-roll deductions made by disbursing officers in the field with family allowance payments to dependents of military personnel under the provisions of the Servicemen's Dependents Allowance Act of 1942. Sec. 17, Military Appropriation Act of July 2, 1942 (56 Stat. 633).

This provision was repeated in section 18, Military Appropriation Acts, 1944 (57 Stat. 369) and 1945 (58 Stat. 596).

1171. Board of visitors; compensation and duties.

R. S. 1327 as amended; 10 U. S. C. 1051, provides that the Board of Visitors to the Military Academy shall be appointed annually.

1172a. Military and Academic Staff; titles of departments and professors generally. That the Secretary of War is hereby authorized to prescribe from time to time the titles by which each of the several departments of instruction and offices of professor now or hereafter established at the United States Military Academy shall be known.

Nothing contained in this Act shall be construed to affect in any manner the status, rank, precedence, pay, allowances, or eligibility for promotion or retirement, or otherwise to operate in any case or on any account to the prejudice of any of the professors at the United States Military Academy. Act. of Dec. 14, 1942 (56 Stat. 1049); 10 U. S. C. 1061a.

1176. Military and academic staff; local rank and command.

By 1233, post, permanent professors of the Military Academy are given the rank, pay, and allowances of colonel.

1183a. Librarian.

This provision has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 588).

*

1198. Cadets; appointment in general.— They shall be appointed by the President and shall, with the exception of ** * * appointed from the United States at large, be actual residents of the congressional or territorial district, or of the District of Columbia, or of the Island of Puerto Rico, or of the States, respectively, from which they purport to be appointed. Ch. XXII, act of July 9, 1918 (40 Stat. 894); 10 U. S. C. 1091.

That, on and after July 1, 1942, there shall be allowed at the United States Military Academy four cadets for each Senator, Representative, Delegate in Congress, and the Resident Commissioner from Puerto Rico, six for the District of Columbia, and two cadets to be selected by the Governor of the Panama Canal from among the sons of civilians residing in the Canal Zone and the sons of civilian personnel of the United States Government and the Panama Railroad Company residing in the Republic of Panama, in addition to the number now authorized to be appointed from the United States at large, and from the enlisted men of the Regular Army and National