Page:United States Statutes at Large Volume 48 Part 1.djvu/181

 73d CONGRESS. SESS. I. CH. 87. J UNE 15, 1933 . charging any official function under or in connection with any de- partment of the Government of the United States ." SEC . 4. That section 38 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof " SEC. 38 . OFFICERS, NATIONAL GIIARD OF THE UNITED STATES .-All persons appointed officers in the National Guard of the United States are reserve officers and shall be commissioned in the Army of the United States. Such appointments in grades below that of briga- dier gen eral shal l be made by the P resident alone, a nd genera l officer s by and with the advice and consent of the Senate. " Officers in the National Guard of the United States shall be appointed for the period during which they are federally recognized in the same grade and branch in the National Guard : Provided, That an appointment in force at the outbreak of war shall continue in force until six months after its termination : And provided further, That such officer shall be entitled to be relieved from active Federal service withi n six months after its t erminat ion if he ma kes ap plica- tion therefor . " In time of peace the President may order to active duty, with their consent, officers of the National Guard of the United States for the purposes set forth in sections 5 and 81 of this Act. Whe n on such active duty an officer of the National Guard of the United States shall receive the same pay 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 station and from his last station to his home, but shall no t be enti tled to r etirement or retir ed pay : P rovid ed, That such officers ordered to such active duty shall be paid out of the funds appropriated for the pay of the National Guard. " 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 allowanc es receiv ed as suc h, be hel d or deem ed 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 con- nection with any department of the Government of the United States ." SEC. 5. That section 58 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof " SEC. 58. COMPO SITION OF THE NAT IONAL GU ARD AND THE N ATIO NAL GUAR D OF THE UNITED STATES .-The National Guard of each State, Territory, and the District of Columbia shall consist of members of the militia voluntarily enlisted therein, who upon original enlistment shall be not less than eighteen nor more than forty-five years of age, or who in subsequent enlistment shall be not more than sixty-four years of age, organized, armed, equipped, and federally recognized as hereinafter provided, and of commissioned officers and warrant officers who are citizens of the United States between the ages of twenty- one an d sixt y-four years : Prov ided, That former members of the Regular Arlny, Navy, or Marine Corps under sixty-four years of age may enlist in said National Guard . " The National Guard of the United States is hereby established. It shall be a reserve component of the Army of the United States and shall consist of those federally recognized National Guard units, and organizations, and of the officers, warrant officers, and enlisted members of the National Guard of the several States, Territories. and the District of Columbia, who shall have been appointed, enlisted and appointed, or enlisted, as the case may be, in the 155 Vol. 39, p. 190; Vol 43, p. 470, amended Officers of the Na- tional Guard of the U .S ., commissions in Army. Appointments. Period. Provisos. At outbreak of war. Relief after close of war. Active peace duty. Pay and allowances. Proviso. Payment from Na- tional Guard appropri- ations. Status of while not on active duty. Vol. 39, p. 197; Vol. 43, p. 1075, amended. National Guard of U.S.; of the several States, etc. Composition. Eligible ages. Proviso. Enlistment of former members of Army, etc. National Guard of the United States es- tablished. Status of ; composi. tion.