Chapter 423. To amend an Act entitled “An Act for making further and more effectual provision for the national defense, and for other purposes,” approved June 3, 1916, as amended by the Act of June 4, 1920
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CHAP. 423.— An Act To amend an Act entitled “An Act for making further and more effectual provision for the national defense, and for other purposes,” approved June 3, 1916, as amended by the Act of June 4, 1920. September 22, 1922.[[S. 3890](/us/bill/67/s/3890).][[Public, No. 358](/us/67/pl/358).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,National Defense Act amendments.Vol. 41, p. 703, amended.Army reorganization.
That the second paragraph of section 5 of the Act entitled “An Act for making further and more effectual provision for the national defense, and for other purposes,” approved June 3, 1916, as amended by the Act entitled “An Act to amend an Act entitled ‘An Act for making further and more effectual provision for the national defense, and for other purposes,’ approved June 3, 1916, and to establish military justice, approved June 4, 1920, hereinafter referred to as the National Defense Act of June 4, 1920, be, and the same is hereby, amended to read as follows:
" General Staff Corps.Eligible list requirements.“After the completion of the initial General Staff Corps eligible list, the name of no officer shall be added thereto unless upon graduation from the General Staff School he is specifically recommended Assignments to Department General Staff.as qualified for General Staff duty, and hereafter no officer of the General Staff Corps, except the Chief of Staff, shall be assigned as a member of the War Department General Staff unless he is a graduate of the General Staff College or his name is borne on the initial eligible Additions from qualified National Guard or reserve officers.list: *Provided*, That the name of any National Guard or reserve officer who has demonstrated by actual service with the War Department General Staff during a period of not less than six months, as herein-after provided for, that he is qualified for General Staff duty, may, upon the recommendation of a board consisting of the general officers of the War Department General Staff, assistants to the Chief of Staff, Publication, etc., of eligible lists.be added to said eligible list at any time.
The Secretary of War shall publish annually the list of officers eligible for General Staff duty,1033and such eligibility shall be noted in the annual Army Register. IfDetails as acting General Staff officers. at any time the number of officers available and eligible for detail to the General Staff is not sufficient to fill all vacancies therein, majors or captains may be detailed as acting General Staff officers under such regulations as the President may prescribe: *Provided*, That inAdditional details from noncombatant branches. order to insure intelligent cooperation between the General Staff and the several noncombatant branches, officers of such branches may be detailed as additional members of the General Staff Corps under suchLimit. special regulations as to eligibility and redetail as may be prescribed by the President, but not more than two officers from each such branch shall be detailed as members of the War Department General Staff.
” " Sec. 2. That section 37 of said Act, as contained in section 32 ofVol. 41, p. 775, amended. the National Defense Act of June 4, 1920, be, and is hereby, amended to read as follows: " “Sec. 37. Officers’ Reserve Corps: For the purpose of providingOfficers’ Reserve Corps.Creation and composition of. a reserve of officers available for military service when needed there shall be organized an Officers’ Reserve Corps consisting of general officers of sections corresponding to the various branches of the Regular Army, and of such additional sections as the President may direct.
The grades in each section and the number in each grade shall be as the President may prescribe. Reserve officers shall beAppointments, by President alone, except general officers. appointed and commissioned by the President alone, except general officers, who shall be appointed by and with the advice and consentPeriod of service, etc. of the Senate. Appointment in every case shall be for a period of five years, but an appointment in force at the outbreak of war or made in time of war shall continue in force until six months after its termination.
Any reserve officer may be discharged at any time in the discretion of the President. A reserve officer appointed during the existence of a state of war shall be entitled to discharge within six months after its termination if he makes application therefor. In time of peace a reserve officer must at the time of his appointmentCitizenship and age. be a citizen of the United States or of the Philippine Islands, between the ages of twenty-one and sixty years. Any person who has beenFormer service qualifications. an officer of the Army at any time between April 6, 1917, and June 30, 1919, or an officer of the Regular Army at any time may be appointed as a reserve officer in the highest grade which he held in the Army or any lower grade.
Any person commissioned in the NationalRecognized National Guard officers eligible at grade held. Guard and recognized as a National Guard officer by the Secretary of War may upon his own application be appointed as a reserve officer in the grade held by him in the National Guard. No otherRestrictions on others. person shall in time of peace be originally appointed as a reserve officer of Infantry, Cavalry, Field Artillery, Coast Artillery, or Air Service in a grade above that of second lieutenant.
In time of peaceLimit of peace appointments in combatant arms. appointments in the Infantry, Cavalry, Field Artillery, Coast Artillery, and Air Service shall be limited to former officers of the Army, officers of the National Guard recognized as such by the Secretary of War, graduates of the Reserve Officers’ Training Corps, as providedVol. 41, p. 778. in section 47b hereof, warrant officers and enlisted men of the Regular Army, National Guard, and Enlisted Reserve Corps, and persons who served in the Army at some time between April 6, 1917, and November 11, 1918.
Promotions and transfers shall be made underBasis of promotions and transfers modified. such rules as may be prescribed by the President, and shall be based so far as practicable upon recommendations made in the established chain of command. So far as practicable reserve officers shall be assigned to units in the locality of their places of residence. Nothing in this Act shall operate to deprive a reserve officer of the reserve commission he now holds. Any reserve officer may hold a commissionNational Guard commissions allowed. in the National Guard without thereby vacating his reserve commission.
” " 1034 Sec. 3. National Guard annual appropriations. That the second paragraph of section 67 of said Act be, and is hereby, amended to read as follows: " Ratio of apportionments.Vol. 39, p. 199, amended.“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, *Proviso*.Expenses specified.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 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 Quarters and subsistence to enlisted men.*Ante*, p. 630.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;
To be from general fund only.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 Promoting rifle practice, field instruction, etc.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. 4. Militia Bureau, War Department.Vol. 41, p.782, amended. That section 81 of said Act, as contained in section 44 of the National Defense Act of June 4, 1920, be, and is hereby, amended to read as follows: " “Sec. 81. Established. Militia Bureau of the War Department: The Militia Division of the War Department shall hereafter be known as the Militia Chief of, to be appointed from National Guard officers.Bureau of the War Department. After January 1, 1921, the Chief of the Militia Bureau shall be appointed by the President by and with Selection, qualifications, etc.the advice and consent of the Senate, by selection from lists of present and former National Guard officers, recommended by the governors of the several States and Territories as suitable for such appointment, who hold commissions in the Officers’ Reserve Corps, and have had ten or more years’ commissioned service in the National Guard, at least five of which have been in the line, and who have attained Term, rank, etc.at least the grade of major.
He shall hold office for four years, unless sooner removed for cause, and shall have the rank, pay, and allowances of a major general of the Regular Army during his tenure of office, but shall not be entitled to retirement or retired pay. Temporary chief.While serving as chief his reserve commission shall continue in force and shall not be terminated except for cause assigned. Until the chief is appointed, as provided in this section, the President may assign an officer of the Regular Army, not below the grade of colonel, to Assignment of Army officers, etc., for duty in, etc.perform the duties of chief.
For duty in the Militia Bureau and for the instruction of the National Guard the President shall assign such number of officers and enlisted men of the Regular Army as he Three National Guard officers, who are reserve officers.may deem necessary. He may also assign for duty in the Militia Bureau three officers who hold or have held commissions in the Na-1035tional Guard and who at the time of assignment are reserve officers, and any such officer while so assigned shall receive out of the wholePay allowance. fund appropriated for the support of the National Guard the pay and allowances provided in the Pay Readjustment Act of June 10,*Ante*, p. 631. 1922, for officers of the National Guard when authorized by law to receive Federal pay.
The President may also assign, with theirAssignments of National Guard officers with reserve commissions to duty with Army. consent, and within the limits of the appropriations previously made for this specific purpose, not exceeding five hundred officers of the National Guard, who hold reserve commissions, to duty with the Regular Army in addition to those attending service schools, and while so assigned they shall receive the pay and allowances authorized in the preceding sentence, to be paid out of the whole fund appropriated for the support of the militia.
” " Sec. 5. That section 99 of said Act be, and is hereby, amended toNational Guard.Vol. 39, p. 207, amended. read as follows: " “Sec. 99. National Guard officers and men at service schools, and soOfficers and men to attend Army service schools. forth: Under such regulations as the President may prescribe, the Secretary of War may, upon the recommendation of the governor of any State or Territory or the commanding general of the National Guard of the District of Columbia, authorize a limited number of selected officers or enlisted men of the National Guard to attend and pursue a regular course of study at any military service school of the United States, except the United States Military Academy, or to beMilitary posts for training. attached to an organization of the same arm, corps, or department to which such officer or enlisted man shall belong, for routine practical instruction at or near an Army post during a period of field training or other outdoor exercises; and any such officer shall receive out ofPay, etc.Officers.*Ante*, p. 631. any National Guard allotment of funds available for the purpose, the pay and allowances provided in the Pay Readjustment Act of June 10, 1922, for officers of the National Guard when authorized by law to receive Federal pay and the travel allowances provided in section 12 thereof, and any such enlisted man shall receive therefrom, exceptEnlisted men.*Ante*, p. 632. as otherwise provided in section 14 of the Pay Readjustment Act of June 10, 1922, the same pay and allowances, including allowances for quarters, subsistence, and travel to which an enlisted man of the Regular Army of like grade would be entitled for attending such school, college, or practical course of instruction under orders from proper military authority, while in actual attendance at such school college, or practical course of instruction, and for the necessary periodLimit removed. of travel from and to his home station.
” " Sec. 6. That section 110 of said Act, as amended by section 48Enlisted men.Vol. 41, p. 784, amended. of the National Defense Act of June 4, 1920, be, and is hereby, amended to read as follows: " “Sec. 110. Pay for National Guard enlisted men: Each enlistedPay readjusted to conform with Army. man belonging to an organization of the National Guard, other than enlisted men of the sixth and seventh grades, shall receive compensation at the rate of one-thirtieth of the initial monthly pay of his grade in the Regular Army for each drill ordered for his organization where he is officially present and in which he participates for not less than one and one-half hours, not exceeding eight in any one calendar month and not exceeding sixty drills in one year: *Provided*, That no*Provisos*.Attendance at drills required. enlisted man shall receive any pay under the provisions of this section for any month in which he shall have attended less than sixty per centum of the drills or other exercises prescribed for his organization: *Provided further*, That the proviso contained in section 92 of this ActPay if actually present, etc. shall not operate to prevent the payment of enlisted men actually present at any duly ordered drill or other exercise: *And provided further*, That periods of any actual military duty equivalent to theOther duty accepted in lieu of drills. drills herein prescribed (except those periods of service for which members of the National Guard may become lawfully entitled to the1036same pay as officers and enlisted men of the corresponding grades in the Regular Army) may be accepted as service in lieu of such drills when so provided by the Secretary of War.
Disbursements by Army Finance Department, quarterly.“All amounts appropriated for the purpose of this and the last preceding section shall be disbursed and accounted for by the officers and agents of the Finance Department of the Army, and all disbursements under the foregoing provisions of this section shall be made as soon as practicable after the 31st of March, the 30th day of June, the 30th day of September, and the 31st day of December of each year upon pay rolls prepared and authenticated in the manner *Proviso*.Stoppages for lost, etc., propertyto be prescribed by the Secretary of War: *Provided*, That stoppages may be made against the compensation payable to any officer or enlisted man hereunder to cover the cost of public property lost or destroyed by and chargable to such officer or enlisted man.
Restriction in paying persons not on active list, if over age of 64, etc“Except as otherwise specifically provided herein no money appropriated under the provisions of this or the last preceding section shall be paid to any person not on the active list, nor to any person over sixty-four years of age, nor to any person who shall fail to qualify as to fitness for military service under such regulations as the Secretary of War shall prescribe, nor to any State, Territory, or District, or officer or enlisted man in the National Guard thereof unless and until such State, Territory, or District provides by law that staff officers, including officers of the Finance, Inspection, Quartermaster, and Medical Departments hereafter appointed shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the militia of such State, Territory, or District.
” " Approved, September 22, 1922.