Page:United States Statutes at Large Volume 49 Part 1.djvu/436

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74TH CONGRESS . SESS. I. C HS. 276, 277. J UNE 19, 1935.

391 U. S . C., title 28, sees . 847, 848, and 849), be, and they hereby are, ba nks

pr o Urayi orf amended by inserting before the period at the end of each of said excepted from pro vi- sections 1, 2, and 3 the following : " or by receivers or conservators ions of Act . of banks, appointed by the Comptroller of the Currency ". Approved, June 19, 1935 . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That section 38 of the National Defense Act of June 3, 1916, as amended be, and the s ame is hereby, amended by inse rting t he follo wing pa ragraph after the third paragraph thereof : "To the extent provided for from time to time by appropriations for this specific purpose, the President may order officers of the National Guard of the United States to active duty in an emergency at any time and for the period thereof : Provided, That, except in time ofa national emergency expressly declared by Congress, no officer of the National Guard of the United States shall be employed on active duty for more than fifteen days in any calendar year with- out his own consent . When on such active duty an officer of the N ational Guard of the U nited St ates sh all rece ive the same pa y and allowances as an officer of the Regular Army of the same grade and length of active service, and mileage from his home to his first sta- tion and from his last station to his home, but shall not be entitled to retirement or retired pay ." SEC . 2. That section 58 of said Act be, and the same is hereby, amended by adding thereto another paragraph to read as follows "

And provided further, That in the grades of first lieutenant and

second lieutenant the number shall be unlimited ." SEC . 3 . That section 70 of said Act be, and the same is hereby, a mended by addin g the f ollowing paragr aph at t he end thereof " That the oath of enlistment prescribed in this section may be taken before any officer of the National Guard authorized to admin- ister oaths of enlistment in the National Guard of the several States, Territories, and the District of Columbia, by respective laws thereof . All oaths of enlistment heretofore ad min iste red by the off ice rs d escribe d above are her eby vali dated ." SEC. 4 . That section 77 of said Act be, and the same is hereby, amended by striking out all of said section and inserting in lieu thereof the following : " ELIMINATION AND DISPOSITION OF OVEICERS OF TIlE N ATIONAL Elimination and dis- position of officers . GUARD OF THE UNITED STATES.-The appointments of officers and war- rant officers of the National Guard may be terminated or vacated in such manner as the several States, Territories, and the District of Columbia shall provide by law . When ever the appointment of an o fficer or w arrant offic er of the N ational Gua rd of a Sta te, Territo ry, o r the D istrict of Colu mbia has been v acated o r termi nated or upon reaching the age of sixty-four, the Federal recognition of such officer shall be withdrawn and he shall be discharged from the National Guard of the United States : P-i-ovided, That u nder su ch regul ations Pro viso . rs to inactive as the Secreta ry of Wa r may p rescrib e, upon termina tion of service s tatus . i n the active National Guard, an officer of the National Guard of the United States may, if he makes application therefor, transfer to the inactive National Guard and remain in the National Guard of the National Defense Act amen dmen ts . Vol . 39, p . 190; Vol. 48,p.155;T'.S.C.,p. 1431 . Nati onal Guard of the United States . Officers, emergency active service . Prov iso . Restriction, without cons ent . Pay and allo wances . Composition tional Guard . Vol . 39, p. 197; Vol. 48,p.155;U.S.C.,p. 1429 . First and second lieu- te nant grade s; number . of 'Na- Vol . 39, p. 201; Vol. 48,p.159

U

.S.C.,p. 14 39. Enlistment oath . Vol. 39, p. 202; Vol . 48,p.159;U.S.C.,p. 14 38. (CHAPTER 277 .1 AN ACT June 19, 1935 . To amend the National Defense Act of June 3, 1916, as amended . [H. R .5720 .] [Public, No .154.]