1303. Same; appointment of officers and warrant officers.-Commissioned officers and warrant officers appointed in the National Guard of the United States and commissioned or holding warrants in the Army of the United States, ordered into Federal service as herein provided, shall be ordered to active duty under such appointments and commissions or warrants: Provided, That those officers and warrant officers of the National Guard who do not hold appointments in the National Guard of the United States and commissions or warrants in the Army of the United States may be appointed and commissioned or tendered warrants therein by the President, in the same grade and branch they hold in the National Guard. * * ** In the initial mobilization of the National Guard of the United States, warstrength officer personnel shall be taken from the National Guard as far as practicable, and for the purpose of this expansion warrant officers and enlisted men of the National Guard may, in time of peace, be appointed officers in the National Guard of the United States and commissioned in the Army of the United States. 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. The first paragraph of this section was amended as above. The second paragraph, based on sec. 76, National Defense Act, U.S.C. 32: 115, is eliminated as superseded. 1304. Same; status on discharge.-* * * Upon being relieved from active duty in the military service of the United States all individuals and units shall 1307. Funds, Federal; apportionment and availability. The appropriation provided for in this section shall be apportioned among the several States and Territories under just and equitable procedure to be prescribed by the Secretary of War and in direct ratio to the number of enlisted men in active service in the National Guard existing in such States and Territories at the date of apportionment of said appropriation, and to the District of Columbia, under such regulations as the President may prescribe: Provided, That the sum so apportioned among the several States, Territories, and the District of Columbia shall be available under such rules as may be prescribed by the Secretary of War for the actual and necessary expenses incurred by officers and enlisted men of the Regular Army when traveling on duty in connection with the National Guard; for actual and necessary expenses incurred by officers of the Regular Army, and reserve officers holding commissions in the National Guard on active duty in the Militia Bureau or the War Department General Staff, while traveling in attending the annual conventions of the National Guard Association of the United States and the Adjutants General Association; for the transportation of supplies furnished to the National Guard for the permanent equipment thereof; for office rent and necessary office expenses of officers of the Regular Army on duty with the National Guard; for the expenses of the Militia Bureau, including clerical services; for expenses of enlisted men of the Regular Army on duty with the National Guard, including an allowance for quarters and subsistence provided in section 11, of the Pay Readjustment Act of June 10, 1922, medicine, and medical attendance; and such expenses shall constitute a charge against the whole sum annually appropriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned to any particular State, Territory, or the District of Columbia; for the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries, and suitable target ranges; for the hiring of horses and draft animals for use of mounted troops, batteries, and wagons for forage for the same; and for such other incidental expenses in connection with lawfully authorized encampments, maneuvers, and field instruction as the Secretary of War may deem necessary, and for such other expenses pertaining to the National Guard as are now or may hereafter be authorized by law. Sec. 67, act of June 3, 1916 (39 Stat. 199), as amended by act of Sept. 22, 1922 (42 Stat. 1034), as amended by act of Apr. 6, 1928 (45 Stat. 406); U.S.C. 32: 22. * * * * * * The first paragraph of the original text of this section is corrected to read as above. See note to 1699, post. * * * The pay and allowances provided in this section for the Chief of the National Guard Bureau and for the officers ordered to active duty from the National Guard of the United States shall be paid out of the funds appropriated for the pay of the National Guard. 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: 176. The second paragraph of this section has been amended as above. allowances referred to, see 1414, 1557, 1583, post. * * * * * * * * For pay and * Sec. Provided, That such officers ordered to such active duty shall be paid out of the funds appropriated for the pay of the National Guard. 38, added to act of June 3, 1916, by sec. 3, act of June 6, 1924 (43 Stat. 470), as amended by sec. 4, act of June 15, 1933 (48 Stat. 155); U.S.C. 10: 361a. The above provision is added as a new paragraph of this section. pay of officers of the National Guard of the United States on active duty under 1258, 1282, ante. For pay and allowances referred to, see 1557, 1583, post. 1308. Same; disbursement and accounting. * * * * all of the sums appropriated in this Act on account of the National * * * Title I, act of July 14, Guard shall be accounted for as one fund : 1932 (47 Stat. 684), making appropriations for the War Department. The first paragraph of the original text of this section, based on act of February 28, 1929 (45 Stat. 1369), making appropriations for the War Department, and appearing in modified form in the corresponding act for the fiscal year 1932 (46 Stat. 1296) is not repeated in the 1933 act. The above provision is added as a new paragraph. It has been repeated in subsequent appropriation acts. 1310. Same; collections for damages to Federal property, and proceeds of its sale when found unserviceable. By 1796, post, proceeds of sales under this section are to be deposited in the Treasury to the credit of miscellaneous receipts, and amounts equal thereto are authorized to be appropriated annually from the general fund of the Treasury. 1311. Funds of unreconstituted units of National Guard. 1312. Inspection; general provisions. NOTES OF DECISIONS Withdrawal of recognition.-War Depart- quired qualifications. This action may be ment may summarily withdraw Federal taken without a trial and is not subject to recognition from local National Guard and judicial review. Hurley v. U.S. ex rel. officers found on inspection lacking in re- | Gladman (App.D.C. 1931) 47 F. (2d) 431. 1319. Property, Federal; liability for loss, damage, or destruction. By act of June 18, 1930 (46 Stat. 777), the State of Florida was relieved from accountability for certain quartermaster property lost, damaged, or destroyed in relief work incident to the hurricane of September 1928. By act of June 28, 1930 (46 Stat. 829), the State of Vermont was relieved from all responsibility and accountability for quartermaster property lost, destroyed, or used for relief work incident to the flood of November 1927. By act of February 26, 1931 (46 Stat. 1420), the State of Alabama was relieved from all accountability for quartermaster and ordnance property lost, destroyed, or used for relief work incident to the Elba (Ala.) flood of March 1929. 1322. Property of the National Guard; credit for return to the United States. “U.S.C. 32:39a" should be added to the citation to the first paragraph of this section. 1322a. Same; credit when brought into Federal service.—That the Secretary of War is hereby authorized to give any State credit for the money value of property listed on approved surveys of military property and equipment charged to an accountable State under section 87, National Defense Act, said credit to be allowed as a set-off against the credit in favor of such accountable State, which has heretofore been or may hereafter be set up on the books of the Militia Bureau in favor of such State for State-owned military property, supplies, and equipment brought into the Federal service by any such State during or at the time of the National Guard mobilization of 1917. Sec. 1, act of June 28, 1930 (46 Stat. 828); U.S.C. 32:47a. That all requisitions for military property and supplies which have heretofore been filled by the War Department in favor of those States which were given a credit balance on the books of the Militia Bureau for State-owned property brought into the Federal service in 1917 and which have been charged against said credit balance are hereby ratified and approved, and the States to which such property was issued shall not be required to account to the Secre tary of War for said property. Sec. 2, act of June 28, 1930 (46 Stat. 829); U.S.C. 32: 476. 1323a. Status of officers of the National Guard of the United States when not on active duty.-Officers of the National Guard of the United States, while not on active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office of trust or profit or discharging any official function under or in connection with any department of the Government of the United States. Sec. 38, added to act of June 3, 1916, by sec. 3, act of June 6, 1924 (43 Stat. 470), as amended by sec. 4, act of June 15, 1933 (48 Stat. 155); U.S.C. 10: 373. 1329. Transfer to and from the inactive National Guard.-Under such regulations as the Secretary of War may prescribe, enlisted men of the active National Guard, not formerly enlisted in the inactive National Guard or the National Guard of the United States, may be transferred to the inactive National Guard; likewise enlisted men hereafter enlisted in or transferred to the inactive National Guard may be transferred to the active National Guard: Provided, That in time of peace no enlisted man shall be required to serve under any enlistment for a longer time than the period for which he enlisted in the active or inactive National Guard, as the case may be. * * * 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 first paragraph of this section, based on sec. 77, National Defense Act (39 Stat. 202); U.S.C. 32: 114, is eliminated as superseded. The second paragraph was amended as above. 1331. Units; maintenance restricted. No appropriation contained in this Act shall be available for any expense for or on account of a larger number of mounted and medical units, and military police, wagon and service companies of the National Guard than were in existence on June 30, 1932. Title I, act of Apr. 26, 1934 (48 Stat. 634); U.S.C. 32: 26, making appropriations for the War Department. This section, based on act of February 28, 1929 (45 Stat. 1369), making appropriations for the War Department, is superseded by the above provisions. That post-office inspectors are empowered and authorized with like force and effect as officers having a seal to administer oaths required or authorized by law or regulation promulgated thereunder in respect of any matter coming before them in the performance of their official duties and likewise oaths to accounts for travel or other expenses against the United States, but no compensation or fee shall be demanded or accepted for administering any such oaths. Chief clerks and assistant chief clerks in the Railway Mail Service are required, empowered, and authorized, when requested, to administer oaths to employees on appointment or promotion and to accounts for travel or other expenses against the United States with like force and effect as officers having a seal: Provided, That for such service no charge shall be made and no fee or money paid for such service shall be paid or reimbursed by the United States. Act of June 15, 1934 (48 Stat. 963); U.S.C. 39: 704. The above provision is added as a new paragraph of this section. Citation to the original section should be changed to read: Sec. 8, act of Aug. 24, 1912 (37 Stat. 487), making appropriations for sundry civil expenses; U.S.C. 5: 97; 16: 454. 1338a. Oaths in connection with claims pending before international tribunals. That whenever any claim in which the United States or any of its nationals is interested is pending before an international tribunal or commission, established pursuant to an agreement between the United States and any foreign government or governments, each member of such tribunal or commission, or the clerk or a secretary thereof, shall have authority to administer oaths in all proceedings before the tribunal or commission; * * ** Sec. 1, act of July 3, 1930 (46 Stat. 1005); U.S.C. 22; 270. 182 |