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Statute limits use of State funds for pay- at President's instance, for which Congress ment of National Guardsmen to when Guard has provided payment (U. S. Comp. St. Ann. is ordered on duty for local or State purposes, Supp. 1923, sec. 3068; Military Code, Ariz. and probibits payment of claims for services | par. 3954). Id.

1561. Pay and allowances while on duty in connection with national matches; National Guard and Organized Reserves.--* Provided further, That offcers, warrant 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). This provision has been repeated in subsequent appropriation acts. 1662. For text of this section as published in the 1929 Edition, see 1555, ante. 1563. For text of this section as published in the 1929 Edition, see 1556, ante. 1564. For text of this section as published in the 1929 Edition, see 1558, ante. 1665. For text of this section as published in the 1929 Edition, see 1559, ante. 1566. For text of this section as published in the 1929 Edition, see 1560, ante. 1567. For text of this section as published in the 1929 Edition, see 1592a, post. 1568. For text of this section as published in the 1929 Edition, see 1315, ante.

1569. Drill and administrative pay; officers and warrant officers of the National Guard. Under such regulations as the Secretary of War may prescribe, captains, lieutenants, and warrant officers belonging to organizations of the National Guard shall receive compensation at the rate of one-thirtieth of the monthly base pay prescribed for them in sections 3 and 9 of the Pay Readjustment Act of June 10, 1922, for each regular drill or other period of instruction authorized by the Secretary of War, not exceeding eight in any one calendar month and not exceeding sixty in one year, at which they shall have been officially present for the entire required period of not less than one and onehalf hours. Officers above the grade of captain shall receive not more than $500 a year, and officers below the grade of major, not belonging to organizations, shall receive not more than four-thirtieths of the monthly base pay prescribed for them in section 3 of said Pay Readjustment Act for satisfactory performance of their appropriate duties under such regulations as the Secretary of War may prescribe. In addition to pay hereinbefore provided, officers commanding organizations less than a brigade and having administrative functions connected therewith, shall, whether or not such officers belong to such organizations, receive not more than $240 a year for the faithful performance of such administrative functions under such regulations as the Secretary of War may prescribe; and for the purpose of determining how much shall be paid to such officers so performing such functions, the Secretary of War may, from time to time, divide them into classes and fix the amount payable to the officers in each class. Pay under the provisions of this section shall not accrue to any officer during a period when he shall be entitled under any provision of law to the full rate of his base pay prescribed in section 3 or section 9, as the case may be, of the Pay Readjustment Act of June 10, 1922:

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Sec. 109, act of June 3, 1916 (39 Stat. 209); sec. 47, act of June 4, 1920 (41 Stat. 783); sec. 3, act of June 3, 1924 (43 Stat. 361); 32 U. 8. C. 143, 148.

and warrant officers of the National Guard shall receive not more than four-thirtieths of the monthly base pay of their grade for satisfactory performance of their appropriate duties, under such regulations as the Secretary of War may prescribe. Sec. 14, act of June 10, 1922 (42 Stat. 631); 37 U. S. C. 23.

Payments made to warrant officers of the National Guard under the provisions of sec. 14, Pay Readjustment Act, for the performance of their duties between July 1, 1922, and Oct. 29, 1923, were validated, and payments for said period not yet made were directed to be made, notwithstanding the nonexistence of the regulations authorized to be prescribed by said sec. 14, under the provisions of sec. 7, act of June 3, 1924 (43 Stat. 366).

Sec. 4 of the act of Mar. 4, 1923 (42 Stat. 1508), provides as follows: "That payments heretofore made to captains and lieutenants belonging to organizations of the National Guard for drills provided for in section 109, National Defense Act, at which at least 50 per centum of the commissioned strength and 60 per centum or more of the enlisted strength, but not less than 60 per centum of the required recognition strength attended and participated for the required time be, and the same are hereby, validated; and such officers, who have heretofore participated in drills held under the conditions prescribed in this section and who have not been paid therefor, shall be paid in accordance with the provisions of this section."

For section 3, Pay Readjustment Act, see 1553, ante.

Payments theretofore made for attendance at drills regularly ordered for only a subdivision or part of an organization, held under authority of National Guard regulations, as then existing, were validated, and payments under such conditions not yet made were directed to be made by sec. 8, act of June 3, 1924 (43 Stat. 366).

1570. Drill pay; enlisted men of the National Guard.-Each enlisted 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 onethirtieth of the initial monthly pay of his grade in the Regular Army, and each of those of the sixth and seventh grades shall receive compensation as is provided in section 14 of the Pay Readjustment Act of June 10, 1922, 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 the proviso contained in section 92 of this Act shall not operate to prevent the payment of enlisted men actually present at any duly ordered drill or other exercise : Provided further, That periods of any actual military duty equivalent to the drills herein prescribed (except those periods of service provided for in sections 94, 97, 99, and 101 of the National Defense Act, as amended) may be accepted as service in lieu of such drills when so provided by the Secretary of War: And provided further, That any enlisted man shall, under such regulations as the Secretary of War may prescribe, receive compensation under the provisions of this section for any drill had in accordance with such provisions where he is officially present and in which he participates for not less than one and one-half hours with a National Guard organization within the same State at a station other than his own, upon presentation of a certificate in form prescribed in said regulations from the organization commander to the commanding officer of the organization of which he is a member showing such drill participation. Sec. 110, act of June 3, 1916 (39 Stat. 209); sec. 48, act of June 4, 1920 (41 Stat. 784); sec. Y, act of June 6, 1924 (43 Stat. 471); 32 U. 8. C. 154.

On and after July 1, 1922, the armory drill pay for enlisted men of the National Guard of the sixth grade shall be $1.15, and for those of the seventh grade shall be $1, in lieu of that authorized in section 110, Act of June 3, 1916,

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as amended by the Act of June 4, 1920;

Sec. 14, act of June 10, 1922 (42 Stat. 632); 37 U. 8. C. 23.

Sec. 5 of the act of Mar. 4, 1923 (42 Stat. 1508), provides as follows: "That paynents beretofore made to the National Guard of any State, Territory, or the District of Columbia, which by regulation required the qualification for staff officers as provided in sec. 110 of the National Defense Act, approved June 3, 1916, as amended, be, and the same are bereby, validated regardless of the failure of such State, Territory, or the District of Columbia to provide by statute for the requirement of such qualification."

This section, as amended, eliminates the requirement that an enlisted man must attend 60 percent of the drills ordered for his organization during a month in order to be entitled to pay and also permit him to receive pay for drills attended with a unit, within the State, other than his own.

Prior payments of armory drill pay to enlisted men of the National Guard who attended less than 60 per cent of drills or other exercises of their organizations during any month were validated, notwithstanding the first proviso of sec. 110, as amended by the acts of June 4, 1920, and Sept. 22, 1922, and by sec. 4 of the act of May 28, 1926 (44 Stat. 675).

1571. Drill pay; computation.-* That hereafter armory drill pay shall be computed upon a fiscal year basis instead of calendar year. Act of Apr. 15, 1926 (44 Stat. 282); 32 U. 8. C. 143a. 1572. Drill pay; stoppage.

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 chargeable to such officer or enlisted man.

Sec. 110, act of June 3, 1916 (39 Stat. 210); sec. 6, act of Sept. 22, 1922 (42 Stat. 1036); act of Apr. 6, 1928 (45 Stat. 407); 32 U. S. C. 154.

Provision for the disposition of the stoppages authorized by this section is found in 1319, ante.

1573. Drill pay; restrictions on payment.--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. Sec. 110, act of June 3, 1916 (39 Stat. 210); sec. 6, act of Sept. 22, 1922 (42 Stat. 1036); act of May 12, 1928 (45 Stat, 500); 32 U. 8. C. 154.

For the prescribed age limits of officers, warrant officers, and enlisted men, see 1261 ante. 1574. Additional pay for flying.-*

Officers, warrant officers, and enlisted men of the National Guard participating in exercises or performing duties provided for by sections 92, 94, 97, and 99 of the National Defense Act, as amended, and of the reserves of the services mentioned in the title of this Act called to active duty shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President * * *: Provided, That when officers, warrant officers, and enlisted men of the National Guard are entitled to armory drill pay, the increase of 50 per centum thereof herein provided shall be based on the entire amount of such armory drill pay to which they shall be entitled for a calendar month or fractional part thereof, and the required aerial flights may be made at ordered drills of an Air Service organization, or at other times when so authorized by the President. Regulations in execution of the provisions of this section shall

be made by the President and shall, whenever practicable in his judgment, be uniform for all the services concerned. Sec. 20, act of June 10, 1922 (42 Stat. 633); 80. 4, act of May 31, 1924 (43 Stat. 251); sec. 6, act of July 2, 1926 (44 Stat. 782); 37 U. 8. C. 29.

For actual expenses or per diem allowance when traveling by air, see 1580, post.

1575. Additional pay; enlisted men of the National Guard rated as specialists.Enlisted men of the sixth and seventh grades of the National Guard holding specialists' ratings under the provisions of the National Defense Act, as amended, shall, in addition to the pay provided in section 14 of the Pay Readjustment Act of June 10, 1922, be entitled to one-thirtieth of the specialists' pay provided in section 9 of said Pay Readjustment Act for each day of participation in exercises provided for by sections 94, 97, and 99, National Defense Act, as amended : Provided, That payments heretofore made to enlisted men of the sixth and seventh grades of the National Guard holding specialists' ratings of one-thirtieth of the specialists' pay provided in section 9 of said Pay Readjustment Act for each day spent in participating in exercises or performing the duties provided for by sections 94, 97, 99, and 110 of the National Defense Act of June 3, 1916, as amended, be, and the same are hereby, validated. Sec. 6, oct of June 3, 1924 (43 Stat. 365); 32 U. 8. C. 153.

For section 9, Pay Readjustment Act, see 1440, ante.

1576. The text of this section as published in the 1929 Edition, based on section 20, act of June 20, 1922 (42 Stat. 633), as amended ; 37 U. S. C. 29, is superseded as to travel in connection with flying duty by 1580, post.

1677. For text of this section as published in the 1929 Edition, see 1582, post.

1578. Rental and subsistence allowances.—That officers of the National Guard receiving Federal pay, except for armory drill, and reserve officers of any of the services mentioned in the title of this Act while on active duty shall receive the allowances herein prescribed for officers of the regular services in sections 5 and 6 of this Act. Sec. 14, act of June 10, 1922 (42 Stat. 631); 37 U. S. C. 23.

That officers and warrant officers of the National Guard, while participating in exercises or performing the duties provided for by sections 94, 97, and 99 of the National Defense Act, approved June 3, 1916, as amended, and reserve officers and reserve warrant officers of any of the services mentioned in the title of the Pay Readjustment Act of June 10, 1922, while on active duty, including duty for training purposes, shall receive the allowances prescribed for officers and warrant officers of the Regular services under sections 5, 6, and 11 of the said pay Act, and payments heretofore made, or accruing under the operation of this section, hereby made retroactive in effect, for rental allowances to officers and warrant officers of the National Guard or reserves while attending camps of instruction or service schools are hereby validated. Sec. 1, act of Mar. 4, 1923 (42 Stat. 1507); 10 U. 8. C. 366; 37 U. 8. C. 23.

For secs. 5 and 6 of the Pay Readjustment Act see 1523, 1506, ante; for sec. 11, see 1524, 1507, 1489, ante. 1578a. Transportation of dependents; reserve officers.-*

for travel in kind, or reimbursement in lieu thereof, as now authorized by law for officers of the Regular Army, of dependents of Reserve officers who have been ordered to active duty for periods in excess of fifteen days;

Sec. 1, Military appropriation act of June 11, 1938 (52 Stat. 662).

This provision has been repeated in subsequent appropriation acts.

1579. Mileage; reserve officers.—* A reserve officer shall not be entitled to pay and allowances except when on active duty. When on active duty he shall receive

mileage from his home to his first station and from his last station to his home,

Sec. 37a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776); 10 U. 8. C. 361.

Provided, That the mileage allowance to members of the Officers' Reserve Corps when called into active service for training for fifteen days or less shall not exceed 4 cents per mile. Act of Feb. 28, 1929 (45 Stat. 1970), making appropriations for the support of the War Department; 10 U. 8. C. 367.

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, 10 U. S. C. 367, be omitted from the Code as temporary. 1580. Actual expenses or per diem; travel by air.-*

"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); sec. 1, act of March 2, 1931 (46 Stat. 1461); 37 U. 8. O. 20.

1581. Actual expenses; travel by sea.-* Provided further, That hereafter officers performing travel on Government-owned vessels for which no transportation fare is charged shall be entitled only to reimbursement of actual and necessary expenses incurred:

Act of Apr. 15, 1926 (44 Stat. 283) ; 10 U. S. O. 367a.

The compilers of the United States Code bave not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 80), that this provision, forming the third paragraph of sec. 1579 of the original text, be omitted from the Code as duplicating in part the more comprehensive provision contained in second paragraph of 1537e, ante.

1582. Travel by privately owned conveyance.-Individuals belonging to * the National Guard and the reserves of such services, traveling under competent orders which entitle them to transportation or transportation and subsistence as distinguished from mileage, who, under regulations prescribed by the head of the department concerned, travel by privately owned conveyance shall be entitled, in lieu of transportation by the shortest usually traveled route now authorized by law to be furnished in kind, to a money allowance at the rate of 3 cents per mile for the same distance: Provided, That this provision shall not apply to any person entitled to traveling expenses under the "Subsistence Expense Act of 1926." Sec. 12, act of June 10, 1922 (42 Stat. 631); act of May 29, 1928 (45 Stat. 975); 37 U. S. C. 20a.

For the "Subsistence Expense Act of 1926" see 1633, post. 1583. For text of this section as published in the 1929 Edition, see 1557, ante. 1584. For text of this section as published in the 1929 Edition, see 1558, ante. 1585. For text of this section as published in the 1929 Edition, see 1559, ante. 1586. For text of this section as published in the 1929 Edition, see 1560, ante. 1587. For text of this section as published in the 1929 Edition, see 1250, ante. 1588. Transportation and subsistence; Citizens' Military Training Camps.to furnish at the expense of the United States

subsistence, transportation by the most usual and direct route within such limits as to territory as the Secretary of War may prescribe, or in lieu of furnishing such

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