SEC. 75. The provisions of this act shall not apply to any person hereafter appointed as an officer of the National Guard of the United States unless he first shall have successfully passed such tests as to his physical, moral, and professional fitness as the President shall prescribe. The examination to determine such qualifications for [commission] appointment shall be conducted by a board of three commissioned officers appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both.

Upon being federally recognized such officers and warrant officers may be appointed in the National Guard of the United States: Provided, That the number of officers and warrant officers of the National Guard of the United States shall not exceed the maximum number required under war-strength tables of organization for the units of that component, plus one major general, Chief National Guard Bureau.

Section 76 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. 76. [FILLING OF VACANCIES WHEN DRAFTED INTO FEDERAL SERVICE. All vacancies occurring in any grade of commissioned officers in any organization in the military service of the United States and composed of persons drafted from the National Guard under the provisions of this act shall be filled by the President, as far as practicable, by the appointment of persons similarly taken from said guard and in the manner prescribed by law for filling similar vacancies occurring in the volunteer forces.]

Withdrawal of Federal recognition.—Under such regulations as the President shall prescribe the capacity and general fitness of any officer or warrant officer of the National Guard of the several States, Territories, and the District of Columbia for continued Federal recognition may at any time be investigated by an efficiency board of officers senior in rank to the officer under investigation, appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both. If the findings of said board be unfavorable to the officer under investigation and be approved by the President, Federal recognition shall be withdrawn and he shall be discharged from the National Guard of the United States. Federal recognition may be withdrawn by the Secretary of War and his appointment or commission in the National Guard of the United States may be terminated when an officer or warrant officer of the National Guard of any State, Territory, or the District of Columbia has been absent without leave for three months.

Section 77 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:

OF

SEC. 77. ELIMINATION AND DISPOSITION OF OFFICERS OF THE NATIONAL GUARD THE UNITED STATES.-[At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers, senior in rank to the officer whose fitness for service shall be under investigation, and if the findings of such board be unfavorable to such officer and be approved by the official authorized to appoint such an officer, he shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, absence without leave for three months, upon the recommendation of an efficiency board, or pursuant to sentence of a court-martial. Officers of said guard rendered surplus by the disbandment of their organization shall be placed in the National Guard Reserve. Officers may, upon their own application, be placed in the said reserve.] The appointments and commissions of officers and warrant officers of the National Guard of the several States may be terminated or vacated in such manner as the States shall provide by law. Whenever the appointment or commission of an officer or warrant officer of the National Guard of a State has been vacated or terminated, or upon reaching the age of sixty-four years, the Federal recognition of such officer shall be withdrawn and he shall be discharged from the National Guard of the United States. When Federal recognition is withdrawn from any officer or warrant officer of the National Guard of any Territory or the District of Columbia, as provided in section 76 of this act, or upon reaching the age of sixty-four years, he shall thereupon cease to be a member thereof, and shall be given a discharge certificate therefrom by the official authorized to appoint such officer."

Section 78 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. 78. Men duly qualified for enlistment in the active National Guard may enlist in the inactive National Guard for a period of one or three years, under such regulations as the Secretary of War shall prescribe, and on so enlisting they shall sign an enlistment contract and [take the oath therein specified: “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 to serve in the Reserve thereof, or in the active National Guard of the United States and said State if transferred thereto, for a period of one (or three) year, unless sooner discharged by proper authority, and I do solemnly swear 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 the governor of the State of -, and of the officers appointed over me according to law and the rules and Articles of War"] subscribe to the oath or affirmation in section 70 of this act. Under such regulations as the Secretary of War may prescribe, enlisted men of the active National Guard may be transferred to the inactive National Guard [Reserve]; likewise enlisted men hereafter enlisted in or transferred to the inactive National Guard [Reserve] may be transferred to the active National Guard: Provided, That no enlisted man shall be required to serve under any enlistment for a longer time than the period for which he enlisted in the active [National Guard] or inactive [the] National Guard [Reserve], as the case may be. Members of said [Reserve, officers, and enlisted men] inactive National Guard, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said National Guard when likewise engaged." [Provided further, That except as otherwise specifically provided in this act no commissioned or enlisted reservist shall receive any pay or allowances out of any appropriation made by Congress for National Guard purposes.]

Section 81 of said act with old language struck out by the amended bill is shown in black brackets, and new language shown in italics, reads as follows:

SEC. 81. The National Guard [MILITIA] BUREAU [OF THE WAR DEPARTMENT]. The Militia [Division] Bureau of the War Department shall hereafter be known as the [Militia Bureau of the War Department] National Guard Bureau. The Chief of the [Militia] National Guard Bureau shall be appointed by the Presi dent, by and with the advice and consent of the Senate, by selection from lists of [active Federally recognized National Guard] officers of the National Guard of the United States recommended [by the governors of the several States and Territories] as suitable for such appointment by their respective governors, and who have had ten or more years' commissioned service in the [active] National Guard, at least five of which have been in the line, and who have attained at least the grade of [major] colonel. The Chief [of the Militia], National Guard Bureau, shall hold office for four years unless sooner removed for cause and shall not be eligible to succeed himself, and when [he is] sixty-four years of age [he] shall cease to hold such office. Upon accepting his office the Chief of the [Militia] National Guard Bureau shall [also] be appointed a major general in the [Officers' Reserve Corps] National Guard of the United States, and [shall be] commissioned in the Army of the United States [which appointment and commission shall terminate when he ceases to hold such office], and while so serving he shall have the rank, pay, and allowances of a major general, provided by law, but shall not be entitled to retirement or retired pay. [The Chief of the Militia Bureau shall have the rank, pay, and allowances of a major general provided in section 8 of the Pay Reajustment Act of June 10, 1922, during his tenure of office, but shall not be entitled to retirement or retired pay.]

For duty in the National Guard [Militia] Bureau and for instruction of the National Guard the President shall assign such number of officers and enlisted men of the Regular Army as he may deem necessary. The President may also assign, with their consent, to duty in the [militia] National Guard Bureau, [three] nine officers who at the time of their initial [assignment, are active federally recognized National Guard officers and who are reserve officers] assign

ments hold appointments in the National Guard of the United States, and any such [officer] officers while so assigned shall receive the pay and allowances provided by law [in the pay readjustment act of June 10, 1922, as amended, for officers of the National Guard when authorized by law to receive Federal pay].

The President may also assign, with their consent and within the limits of the appropriations previously made for this specific purpose, not exceeding five hundred officers [of the active federally recognized National Guard and who are reserve officers] who have been appointed officers in the National Guard of the United States, to duty with the Regular Army, in addition to those officers attending the service schools, and while so assigned they shall receive the pay and allowances [authorized in the preceding sentence] provided in this section for officers assigned to duty with the National Guard Bureau.

In case the office of the Chief of the [Militia] National Guard Bureau becomes vacant or the incumbent because of disability is unable to discharge the powers and duties of the office, the [reserve officer senior in rank] senior officer on duty in the [Militia] National Guard Bureau, appointed from the National Guard of the United States, shall act as chief of said bureau until the incumbent is able to resume his duties or the vacancy in the office is regularly filled. The pay and allowances provided in this section for the Chief of the [Militia] National Guard Bureau and for the [reserve] officers assigned to duty from the National Guard of the United States shall be paid out of the whole fund [appropriated] provided for the support of the National Guard.

The Chief, National Guard Bureau, shall be responsible for the preparation of the annual budget for the National Guard, and he shall be charged with the administration of the National Guard and with the care and control of all records pertaining thereto, under the Secretary of War: Provided, That the training of the units and individual members thereof shall be as provided in section 91 of this act.

Section 82 of said act with the old language struck out by the amended bill shown in black brackets, reads as follows:

SEC. 82. ARMAMENT, EQUIPMENT, AND UNIFORM OF THE NATIONAL GUard.The National Guard [of the United States] shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniforms, arms, and equipments as are or shall be provided for the Regular Army.

Section 111 of said act with the old language struck out by the amended bill shown in black brackets and the new language shown in italics, reads as follows:

SEC. 111. NATIONAL GUARD WHEN DRAFTED INTO FEDERAL SERVICE.When Congress shall have authorized the use of armed land forces of the United States for any purpose requiring the use of troops in excess of those of the Regular Army, the President may, under such regulations, including such physical examination as he may prescribe, [draft] order into the active military service of of the United States, to serve therein for the period of the war or emergency, unless sooner [discharged] relieved, any or all units and the members thereof of the National Guard of the United States [and of the National Guard Reserve]. All persons so [drafted] ordered into the active military service of the United States shall from the date of [their draft] such order stand [discharged] relieved from [the militia] duty in the National Guard of their respective States, Territories, and the District of Columbia so long as they shall remain in the active military service of the United States, and during such time shall be subject to [such] the laws and regulations for the government of the Army of the United States [as may be applicable to members of the Army, whose permanent retention in the military service is not contemplated by law, and shall be organized into units corresponding as far as practicable to those of the Regular Army or shall be otherwise assigned as the President may direct. The commissioned officers of said organizations shall be appointed from among the members thereof; officers with rank not above that of colonel to be appointed by the President alone, and all other officers to be appointed by the President by and with the advice and consent of the Senate. Officers and enlisted men while in the service of the United States under the terms of this section shall have the same pay and allowances as officers and enlisted men of the Regular Army of the same grades and the same prior service. On the termination of the emergency all persons so drafted shall be discharged from the Army, shall resume their membership in the militia, and, if the State so provide, shall continue to serve in the National Guard until the dates upon which their enlistments entered into prior to their draft would have

expired if uninterrupted]. The organization of said units existing at the date of the order into active Federal service shall be maintained intact in so far as practicable. Commissioned officers and warrant officers appointed in the National Guard of the United States and commissioned in the Army of the United States, ordered into Federal service as herein provided, shall be ordered to active duty under such appointments and commissions: Provided, That those officers and warrant officers of the National Guard who do not hold appointments in the National Guard of the United States and commissions in the Army of the United States may be appointed and commissioned therein by the President, in the same grade and branch they hold in the National Guard.

Officers and enlisted men while in the service of the United States under the terms of this section shall receive the pay and allowances provided by law for officers and enlisted men of the reserve forces when ordered to active duty, except brigadier generals and major generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular Army, respectively. Upon being relieved from active duty in the military service of the United States all individuals and units shall thereupon revert to their National Guard status.

In the initial mobilization of the National Guard of the United States, war-strength officer personnel shall be taken from the National Guard as far as practicable, and for the purpose of this expansion warrant officers and enlisted men of the Nationa! Guard may, in time of peace, be appointed officers in the National Guard of the United States and commissioned in the Army of the United States.

Section 112 of said act with the old language struck out shown inclosed in black bracket, and the new language shown in italics, reads as follows:

SEC. 112. RIGHTS TO PENSIONS.-When any officer, warrant officer, or enlisted man of the National Guard or the National Guard of the United States called or ordered [drafted] into the service of the United States [in time of war], or when any officer of the Officers' Reserve Corps or any person in the Enlisted Reserve Corps ordered into active service except for training, is disabled by reason of wounds or disability received or incurred while in the active service of the United States [in time of war], he shall be entitled to all the benefits of the pension laws existing at the time of his service; and in case such officer or enlisted man dies in the active service of the United States [in time of war], or in returning to his place of residence after being mustered out of [such] service, or at any other time in consequence of wounds or disabilities received in such [active] service, his widow and children, if any, shall be entitled to all the benefits of such pension laws.

Paragraph 7 of section 127a of said act with the old language struck out shown inclosed in black brackets and the new language shown in italics reads as follows:

PAR. 7. In time of war any officer of the Regular Army may be appointed to higher temporary [rank] grade without vacating his permanent [commission,] appointment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appointed, as officers, shall be appointed and commissioned in the Army of the United States. Such appointments in grades below that of brigadier general [being] shall be made by the President alone, [but all other appointments of officers in time of war shall be in the Officers' Reserve Corps] and general officers by and with the advice and consent of the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination and an officer appointed in time of war shall be entitled to discharge within six months after its termination if he makes application therefor.

Following the Revolutionary War, General Washington urged the establishment of a well regulated militia. While still in command of the Continental Army, he prepared at the request of Congress his sentiments upon a peace establishment for the new Republic. Before complying with the request, General Washington called upon all of the generals at or near his headquarters for their written opinions. Their replies may be seen to-day in volume 219 of the Washington Papers in the Library of Congress. Among these documents are highly constructive papers by Pickering, Rufus Putnam, Knox, and

Baron Von Steuben. After digesting the papers submitted to him by his trusted officers, Washington wrote his own views under the title "Sentiments on a Peace Establishment." He transmitted this document to the President of Congress on the 7th day of May, 1783. The Revolutionary War had been won by the Continental Army. This force, from Washington down to its lowest private, was composed of citizen soldiers. Its modern prototype is our National Guard. In his military policy, he simply proposed to assure the speedy formation of a similar force to meet future emergencies. He therefore proposed that a sufficient fraction of the younger men of the militia should be set apart and be trained in time of peace. They would thus form the Continental Army of the future. This is what Washington meant by a well regulated militia.

Because of political expediency, this proposed plan was not adopted by the Congress of the United States but instead the so-called Militia bill was enacted prior to 1812, since which time the Organized Militia or National Guard has always been administered under the militia clause of the Constitution. For years this condition has been most unsatisfactory, not only to Congress but to the officers and men who comprise the great body of Organized Militia, now known as the National Guard of the United States. Because of the fact that the National Guard was administered under the militia clause of the Constitution, it had to be drafted for the World War notwithstanding the fact that every officer and man in the organization had volunteered for service. The units and organizations, some of them dating back to Revolutionary War period, were ruthlessly destroyed and the individuals were organized into new war strength organizations. Because of this very unsatisfactory condition, the National Guard has for the past several years given careful thought and study to the problem in the hope that a way might be found by which to accomplish what General Washington and his officers had in their minds when he presented to Congress his "Sentiments on a Peace Establishment." Repeated discussions and studies among the membership of the National Guard produced in 1926 crystallized sentiment which is expressed in what is known as Resolution 14 of the National Guard convention held at Louisville that year. It is quoted for the information of Congress.

That we hereby reaffirm our position heretofore declared with regard to our status, and that we favor appropriate amendments of the national defense act so that the federally recognized National Guard shall at all times, whether in peace or war, be a component of the Army of the United States, its status under the Constitution being preserved, so that its government when not in the service of the United States shall be left to the respective States, and that all federally recognized officers thereof shall be duly appointed and commissioned therein.

With a view of carrying out the mandate of the resolution, the Secretary of War upon the recommendation of the then president of the association appointed under a special order, No. 1756, of July 5, 1927, a special War Department committee, to meet in the city of Washington in October of 1927, for the purpose of considering Resolution No. 14. The order directed the committee to study the proposed amendments to the national defense act as presented in the resolution, and the military, constitutional, and legal questions involved, and the related policy underlying the national defense act, the committee to reach definite conclusions thereon and submit its HR-71-2-VOL 4-86