Paragraph 4 of section 5 (b) of said act, with old language struck out by the amended bill shown inclosed in black brackets and new language in italics, reads as follows:

All policies and regulations affecting the organization [,] and distribution [and training] of the National Guard of the United States, [and the Organized Reserves, and all policies and regulations affecting the [appointment, assignment, promotion, and discharge of reserve officers] organization, distribution, and training of the National Guard, shall be prepared by committees of appropriate branches or divisions of the War Department General Staff, to which shall be added an equal number of [reserve] officers [including reserve officers who hold or have held commissions in] from the National Guard of the United States, whose names are borne on lists of officers suitable for such duty, submitted by the governors of [the several] their respective States and Territories, and for the District of Columbia by the commanding general, District of Columbia National Guard.

All policies and regulations affecting the organization, distribution, training, appointment, assignment, promotion, and discharge of officers of the Organized Reserves shall be prepared by committees of the proper branches of the War Department General Staff to which shall be added an equal number of officers from the Organized Reserves, whose names are borne on lists of officers suitable for such duty, submitted by the governors of their respective States and Territories, and for the District of Columbia by the District Commissioners: Provided, That when the subject to be studied affects the National Guard of the United States or the National Guard and the Organized Reserves, such committees shall consist of an equal representation from the Regular Army, the National Guard of the United States, and the Organized Reserves. There shall be not less than ten officers on duty in the War Department General Staff, five of whom shall be from the National Guard of the United States and five from the Organized Reserves; and if the service of any officer on such duty is satisfactory, the period of such War Department General Staff duty shall with his consent be not less than two years. For the purpose specified herein [they] such officers shall be regarded as additional members of the General Staff while so serving. [Provided, That prior to January 1, 1921, National Guard officers who do not hold reserve commissions, if recommended by the governors of the several States and Territories, may be designated by the President as members of the committees herein provided for, and while so serving such officers shall receive the pay and allowances of their corresponding grades in the Regular Army.]

Section 37 of said act with the old language struck out by the amended bill shown inclosed in black brackets and the new language shown in italics reads as follows:

"

SEC. 37. OFFICER'S RESERVE CORPS.-For the purpose of providing a reserve of officers available for military service when needed there shall be organized an Officers' Reserve Corps consisting of general officers "and officers assigned to [of] sections corresponding to the various branches of the Regular Army and 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 be appointed and commissioned by the President alone, except general officers, who shall be appointed by and with the advice and consent of the Senate.] All persons appointed, in time of peace, in the Officers' Reserve Corps are reserve officers and shall be commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate. Appointment in every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination: Provided, That an officer of the Officers' Reserve Corps shall be entitled to discharge within six months after its termination if he makes application therefor. Any [reserve] officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the President.

LA 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] an officer of the Officers' Reserve Corps must at the time of his appointment be a citizen of the United States or of the Philippine Islands between the ages of twenty-one and [sixty] sixty-four years. Any person who has been an officer of the Army of the United States at any time between April 6, 1917, and June 30, 1919, or who is or has been

an officer of the Regular Army at any time may be appointed [as a reserve officer] in the Officers' Reserve Čorps in the highest grade which he held [in the Army] or now holds or any lower grade. [Any person commissioned in the National 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 other person shall in time of peace be originally appointed in the Officers' Reserve Corps in the Infantry, Cavalry, Field Artillery, Coast Artillery, or Air [Service] Corps in a grade above that of second lieutenant. In time of peace original appointments in the Infantry, Cavalry, Field Artillery, Coast Artillery, and Air [Service] Corps shall be limited to officers and former officers of the Regular Army, officers of the National Guard [recognized as such by the Secretary of War] of the United States; graduates of the Reserve Officers' Training Corps, as provided in section 47 (b) hereof, warrant officers and enlisted men of the Regular Army, National Guard of the United States 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] in all grades of officers who have established or may hereafter establish, their qualifications for such promotions, and transfer, shall be made under such [rules] regulations as may be prescribed by [the President] the Secretary of War, and shall be based so far as practicable upon recommendations made in the established chain of command. So far as practicable, in time of peace, [reserve] officers of the Officers' Reserve Corps, shall be assigned to units of the Organized Reserves in the locality of their places of residence. An officer of the Officers' Reserve Corps who accepts appointment in the National Guard of the United States shall, upon the termination of his service therewith, if he makes application therefor, be reappointed in the Officers' Reserve Corps in his former grade or such higher grade for which he may be qualified; in determining his qualifications for such higher grade, credit shall be given for his service in the National Guard of the United States. General officers transferred from the National Guard of the United States shall not be eligible to assignment to command in the Organized Reserves in time of peace. Nothing in this act shall operate to deprive [a reserve officer of the commission] an officer of the reserve appointment he now holds. [Any reserve officer may hold a commission in the National Guard without thereby vacating his reserve commission. As amended by section 2, act of September 22, 1922 (42 Stat. 1033).]

Section 37a of said act with old language struck out by the amended bill shown inclosed in black brackets and new language in italics, reads as follows:

SEC. 37a. RESERVE OFFICERS ON ACTIVE DUTY.-To the extent provided for from time to time by appropriations for this specific purpose, the President may order reserve officers to active duty at any time and for any period; but except in time of a national emergency expressly declared by Congress, no reserve officer shall be employed on active duty for more than fifteen days in any calendar year without his own consent. A reserve officer shall not be entitled to pay and allowances except when on active duty. When on active duty he shall receive the [same] pay and allowances [as an officer of the Regular Army of the same grade and length of active service and] provided by law, and the same mileage from his home to his first station and from his last station to his home as an officer of the Regular Army, but shall not be entitled to retirement or retired pay: Provided, That officers of the National Guard of the United States ordered to active duty shall be paid out of the whole fund appropriated for the support of the National Guard.

Section 38 of said act with the language struck out by the amended bill shown inclosed in black brackets and new language shown in italics reads as follows:

SEC. 38. [COMMISSIONS OF RESERVE OFFICERS.] OFFICERS, NATIONAL GUARD OF THE UNITED STATES.-All persons appointed, in time of peace, [reserve] 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 brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate.

Officers [of] in the National Guard of the United States [federally recognized as such under the provisions of this act, who are appointed reserve officers under the provisions of section 37 of this act, shall be appointed for the period during

which such recognition shall continue in effect and terminating at the expiration thereof in lieu of the five-year period hereinbefore prescribed, and in time of peace shall be governed by such special regulations appropriate for this class of reserve officers as the Secretary of War may prescribe] 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 return to inactive status within six months after its termination if he makes application therefor.

Transfers between the National Guard of the United States and the Officers' Reserve Corps may be made under such regulations as shall be prescribed by the Secretary of War. Nothing in this act shall operate to deprive a National Guard officer of the appointment he now holds.

Section 58 of said Act with the language struck out by the amended bill shown inclosed in black brackets and new language shown in italics reads as follows:

SEC. 58. COMPOSITION OF THE NATIONAL GUARD AND THE NATIONAL GUARD OF THE UNITED STATES.-The National Guard of each State, Territory, and the District of Columbia shall consist of [regularly enlisted men] 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, [and] 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 and sixty-four years: Provided, ĹThat in cases of appointments of warrant officers or enlistments made in accordance with National Guard regulations, no payments heretofore made to such warrant officers and enlisted men for participating in exercises or performing the duties described in sections 92, 94, 97, and 99 of the national defense act of June 3, 1916, as amended, or any bona fide claim therefor, shall be held or considered invalid because such warrant officer or enlisted man was of an age greater than forty-five years at the time of his appointment or enlistment or at the time of the performance of such duties.] That former members of the Regular Army, Navy, and 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 officers, warrant officers, and enlisted members of the National Guard of the several States, Territories, and the District of Columbia, who shall have been ap pointed and commissioned, appointed, enlisted and appointed, or enlisted, as the case may be, in the National Guard of the United States, as hereinafter provided, and of such other officers and warrant officers as may be appointed therein as provided in section 111 hereof: Provided, That the members of the National Guard of the United States shall not be in the active service of the United States except when ordered thereto in accordance with law, and, in time of peace, they shall be administered, armed, uniformed, equipped, and trained in their status as the National Guard of the several States, Territories, and the District of Columbia, as provided in this act: And provided further, That under such regulations as the Secretary of War shall prescribe, noncommissioned officers, first-class privates, and enlisted specialists of the National Guard may be appointed in corresponding grades, ratings, and branches of the National Guard of the United States, without vacating their respective grades and ratings in the National Guard.

Section 60 of said act with the new language shown in italics reads as follows:

SEC. 60. ORGANIZATION OF NATIONAL GUARD UNITS.-Except as otherwise specifically provided herein, the organization of the National Guard, including the composition of all units thereof, shall be the same as that which is or may hereafter be prescribed for the Regular Army, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. And the President may prescribe the particular unit or units, as to branch or arm of service, to be maintained in each State, Territory, or the District of Columbia in order to secure a force which, when combined, shall form complete higher tactical units: Provided, That no change in allotment, branch, or arm of units or organizations wholly within a single State will be made without the approval of the governor of the State concerned.

Section 69 of said act with the language struck out by the amended bill shown inclosed in black brackets and new language shown in italics reads as follows:

SEC. 69. ENLISTMENTS IN THE NATIONAL GUARD AND THE NATIONAal guard of THE UNITED STATES.-Original enlistments in the National Guard and the National Guard of the United States shall be for a period of three years, and subsequent enlistments for periods of one or three years each: Provided, That in the event of an emergency declared by Congress the period of any enlistment which otherwise would expire may by presidential proclamation be extended for a period of six months after the termination of the emergency.

Section 70 of said act with the language struck out by the amended bill shown inclosed in black brackets and new language shown in italics reads as follows:

SEC. 70. Men [enlisting] enlisted in the National Guard of the several States, Territories, and the District of Columbia, and in the National Guard of the United States, shall sign an enlistment contract and subscribe to the following oath [of enlistment] or affirmation:

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"I do hereby acknowledge to have voluntarily enlisted this day of 19, as a soldier in the National Guard [of the United States and] of the State of and in the National Guard of the United States, for a period of three [or one] (one) years, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear or affirm that I will bear true faith and allegiance to the United States of America and to the State of --; [and] that I will serve them honestly and faithfully against all their enemies whomsoever, and]; that I will [obey the orders of the President of the United States and of the Governor of the State of and of the officers appointed over me according to law and the rules and Articles of War.] render military service to the United States of America in obedience to a lawful order of the President in the event of a declaration of war or other national emergency by Congress or a lawful call of the President for the purpose of executing the laws of the Union, suppressing insurrection, or repelling invasion; that I will continue to render such service in obedience to the call and orders of the President and of the officers by him appointed over me, until such emergency shall have been duly declared to have ceased to exist, or until I shall have been relieved from such service, or shall have been discharged by proper authority; and that I will obey the orders of the Governor of the State of and of the officers by him appointed over me, at all times when I am not in the active military service of the United States, under the call or order of the President."

Section 71 of said act, stricken out by section 39, act of June 4, 1920 (41 Stat. 781), is added as follows:

Sec. 71. DEFINITIONS.-In this act, unless the context or subject matter otherwise requires―

(a) “National Guard” or “National Guard of the several States, Territories, and the District of Columbia" means that portion of the Organized Militia of the several States, Territories, and the District of Columbia, federally recognized as provided in this act and organized, armed, and equipped in whole or in part at Federal expense and officered and trained under paragraph 16, section 8, Article I of the Constitution. (b) National Guard of the United States" means a reserve organization of the Army of the United States composed of those persons duly appointed and commissioned in the National Guard of the several States, Territories, and the District of Columbia, who have taken and subscribed to the oath of office prescribed in section 73 of this act, and who have been duly appointed by the President in the National Guard of the United States, as provided in this act, and of those officers and warrant officers appointed as prescribed in sections 75 and 111 of this act, and of those persons duly enlisted in the National Guard of the United States and of the several States, Territories, and the District of Columbia who have taken and subscribed to the oath of enlistment prescribed in section 70 of this act.

(c) "Call" means the exercise by the President of his power, under paragraph 15 of section 8, Article I, of the Constitution and the authority of Congress, to require any or all members of the National Guard of the several States and Territories and the District of Columbia in their militia status to render military service to the United States for the purpose of executing the laws of the Union, suppressing insurrection, or repelling invasion.

(d) "Order" means the exercise by the President of his constitutional authority as Commander in Chief of the Army of the United States under the provisions of paragraph 12 of section 8, Article I of the Constitution, in the event of a declaration of war or other national emergency by Congress to put into execution the performance by part or all of the members of the National Guard of the United States of their obligation to render active Federal military service by virtue of the oath and contract of office and enlistment as is provided by this act.

Section 72 of said act with the old language struck out by the amended bill shown inclosed in black brackets and new language in italics, reads as follows:

SEC. 72. An enlisted man discharged from service in the National Guard [except when drafted into the military service of the United States under the provisions of Sec. 111 of this Act] and the National Guard of the United States shall receive a discharge in writing in such form and with such classification as is or shall be prescribed for the Regular Army, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the [President] Secretary of War may prescribe.

Section 73 of said act with the old language struck out by the amended bill shown inclosed in black brackets and new language in italics, reads as follows:

SEC. 73. [FEDERAL OATH FOR NATIONAL GUARD OFFICERS] OATHS OF NATIONAL

GUARD OFFICERS-APPOINTMENT IN THE NATIONAL GUard of the United STATES.

Commissioned officers and warrant officers [of the National Guard] of the several States, Territories, and the District of Columbia [now serving under commissions regularly issued shall continue in office, as officers of the National Guard, without the issuance of new commissions: Provided, That said officers have taken or] shall take and subscribe to the following oath of office: "I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the constitution of the State of against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will render military service to the United States in obedience to a lawful order of the President in the event of a declaration of war or emergency declared by Congress or in obedience to a lawful call of the President for the purpose of executing the laws of the Union, suppressing insurrection, or repelling invasion; that I will continue to render such service in obedience to the orders of the President and of the officers by him appointed over me until I shall have been relieved from such service by orders of the President; that I will obey the orders [of the President of the United States and] of the governor of the State of

and of the officers by him appointed over me at all times when I am not in the active military service of the United States under an order or call of the President; that I [make] take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of in the National Guard of the United States and in the National upon which I am about to enter. So help

Guard of the State of me God.

"The President is authorized to appoint in the same grade and branch in the National Guard of the United States any person who is an officer or warrant officer in the National Guard of any State, Territory, or the District of Columbia and who is federally recognized in that grade and branch: Provided, That upon such appointment no additional oath of office shall be required: And provided further, That acceptance of appointment and commission in the same grade and branch in the National Guard of the United States, by an officer of the National Guard of a State, Territory, or the District of Columbia, shall not operate to vacate his State, Territory, or District of Columbia National Guard office.

"Officers or warrant officers of the National Guard who are in a federally recognized status on the date of the approval of this act shall take the oath of office herein prescribed and shall be transferred to the National Guard of the United States without further examination, within a time limit to be fixed by the President, and shall in the meantime continue to enjoy all the rights, benefits, and privileges conferred by this

act."

Section 75 of said act, with the old language struck out by the amended bill shown inclosed in black brackets and the new language shown in italics, reads as follows: