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Composition and organization, 18. Puerto Rico Regiment, 20. Cavalry:

Composition and organization, 21. Field Artillery:

Composition and organization, 26. Coast Artillery Corps:

Composition and organization, 28. Army Mine Planter Service, 29. Air Corps:

Designation, composition, and organization, 30.

Flying officers defined, 32, 33.

Flying cadets, 35.

Aviation cadets:

Establishment of grade, 35a-1.

Schools for training, 35a-2.

Enlistment, appointment, commission,

and discharge, 35a-3.

Pay and allowances, 35a-4.

National service life insurance, 35a-5. Repeal of inconsistent acts, 35a-7. Flight officers:

Establishment of grade, rank, pay
and allowances, 35b-1.
Temporary appointments, 35b-3.
Commissions in Army of U. S., 35b-4.
Commissions in Air Corps Reserve,

35b-5.

Command of flying units, 37.

Regular Army-Continued.
Components-Continued.
Jurisdiction, 38.
Corps of Engineers:

Composition and organization. 41.

Chief of Engineers:

Duties in connection with construction activities, 45.

Signal Corps:

Composition and organization, 47. General Staff Corps:

Composition, 50.

Chief of staff; rank, pay and allowances,

51.

Adjutant General's Department:

Establishment,

Composition, 58.

57.

Inspector General's Department:

Composition, 61.

Judge Advocate General's Department: Composition, 62.

Quartermaster Corps:

Composition, 65.

The Quartermaster General: duties, 66. Finance Department:

Composition, 68,

Chief of Finance; duties, 70. Medical Department:

Composition, 71.

Surgeon General; regulation of biological products, 72.

Medical Corps; composition, 74.
Dental Corps; composition, 75.
Pharmacy Corps; composition, 75a.
Veterinary Corps; composition, 76.
Medical Administrative Corps; compo-

sition, 77.

Army Nurse Corps, composition, 78. Ordnance Department:

Composition, 81.

Chief of Ordnance; duties, 82.

Chemical Warfare Service:

Composition, 83.

Bureau of Insular Affairs:
Establishment and duties, 86.
Composition, 87.

Chief of the Bureau of Insular Affairs; appointment, tenure, rank, pay and allowances, 88.

Chaplains:

Number, 92.

Chief of Chaplains; appointment, tenure, rank, pay and allowances, 93. Army Band:

Leader, 109.

Regular Army Reserve, 110.

2. Army of the United States; composition.-That the Army of the United States shall consist of the Regular Army, the National Guard of the United States, the National Guard while in the service of the United States, the Officers' Reserve Corps, the Organized Reserves, and the Enlisted Reserve Corps, and shall include persons inducted into the land forces of the United States under Public, Numbered 783, Seventy-sixth Congress (the Selective Training and Service Act of 1940, as amended). Sec. 1, act of June 3, 1916 (39 Stat. 166); sec. 1, act of June 4, 1920 (41 Stat. 759); sec. 1, act of June 15, 1933 (48 Stat. 153); sec. 3, act of Dec. 13, 1941 (55 Stat. 800); 10 U. S. C. 2; 50 U. S. C. App. 733.

3. Army of the United States; organization.

For reorganization of the Army of the United States and transfer of functions within the War Department, see Executive Order No. 9082. February 28, 1942, set forth under 2255, post.

6. Regular Army; composition.

The functions of the Bureau of Insular Affairs were transferred to the Interior Department by section 4 (d), Reorganization Plan No. II, post, 888c.

7. Commissioned strength; maximum.-On and after July 1, 1939, the peacetime commissioned strength of the Regular Army to be attained by approximately equal annual increments, as hereinbefore provided, shall be sixteen thousand seven hundred and nineteen officers, including sixty-seven general officers of the line as now authorized by law.*** Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

That, for the period of ten years beginning July 1, 1939, the Secretary of War is authorized to select annually, to be commissioned in the Regular Army in approximately equal annual increments, in accordance with the provisions of, and from the groups described in, section 24e of the National Defense Act, as amended, such proportion of the total number of officers as, in the judgment of the Secretary of War, will be required to bring the commissioned personnel of the Regular Army to peacetime strength, as hereinafter provided, on June 30, 1949. Sec. 2, act of Aug. 30, 1935 (49 Stat. 1028); sec. 6, act of Apr. 3, 1939 (53 Stat. 557); 10 U. S. C. 487a.

Nothing contained in this Act shall be construed to affect the operation of the Act of August 30, 1935 (49 Stat. 1028), with respect to the selection and commissioning, in accordance with the provisions of section 2 of that Act, of Reserve officers now on active duty under the provisions of that Act*** Sec. 10, act of Apr. 3, 1939 (53 Stat. 559).

By section 2, act of June 5, 1942 (56 Stat. 314); 50 U. S. C, App. 762, all provisions of existing law limiting the strength of any branch of the Army were suspended for the duration of the war and six months thereafter, unless earlier terminated by concurrent resolution of Congress or by proclamation of the President (sec. 16, id.).

The first paragraph of the original text of this section based on act of April 13, 1938 (52 Stat. 216); 10 U. S. C. 481, was superseded by the first paragraph, supra. For the "annual increments" referred to, see second paragraph, supra.

The second paragraph, based on sec. 2, act of August 30, 1935 (49 Stat. 1028); 10 U. S. C. 487a, was amended as indicated in second paragraph, supra. For section 24e, National Defense Act, see 121, post.

The third provision, supra, is added as a new paragraph of this section.

In view of the national emergency proclaimed by Proclamation No. 2352, September 8, 1939, increase in the commissioned strength of the Regular Army within the limits of peacetime authorizations was authorized by Executive Order No. 8244, September 8, 1939. For increase in number of brigadier generals of the line, see 10, post.

For effect of establishment of Pharmacy Corps upon authorized peacetime strength of the Regular Army, see 75a, post.

7a. [Expired] Commissioned strength; authorized by appropriations.

*

For pay of not to exceed an average of thirteen thousand one hundred and six commissioned officers, to include fifty Medical Corps officers and twenty-five Dental Corps officers, authorized by Act of January 29, 1938 (52 Stat. 8), $36,017,416; * Sec. 1, Military Appropriation Act of

Apr. 26, 1939 (53 Stat. 596).

For an additional amount for pay of the Army, fiscal year 1940, comprising the same objects but not subject to the limitations as to the numbers of commissioned officers and enlisted men specified under this head in the Military Appropriation Act for said fiscal year, $10,175,940. Sec. 1, Supplemental Military Appropriation Act of July 1, 1939 (53 Stat. 993).

For an additional amount for pay of the Army, comprising the same objects specified under this head in the Military Appropriation Act, 1940, $12,714,196: Provided, That this appropriation shall not be subject to the limitations as to numbers of commissioned officers and enlisted men specified under this head in such Act. Sec. 1, Emergency Supplemental Appropriation Act of Feb. 12, 1940 (54 Stat. 24).

The above provisions are added as new paragraphs of this section. They were not repeated in subsequent appropriation acts.

8. Commissioned strength by grades; General of the Armies.

By 2160b-1, post, the office of General of the Armies of the United States is unaffected by establishment of the grade of General of the Army.

By act of March 28, 1939 (53 Stat. 551), the officer who had served as military secretary to the General of the Armies continuously since that office was revived by act of September 8, 1919, was authorized to be promoted to the grade of colonel.

10. Commissioned strength by grades; major generals and brigadier generals.

That the number of brigadier generals of the line of the Regular Army is hereby increased from forty-six to fifty, and hereafter upon the appointment of an officer below the rank of brigadier general to be chief of Infantry, Cavalry, Field Artillery, or Coast Artillery, he shall at the same time be appointed to be a permanent brigadier general of the line and an increase in the number of brigadier generals for this purpose is hereby authorized: Provided, That no further appointments to the grade of brigadier general of the line shall thereafter be made until the total number thereof shall be less than fifty: Provided further, That the selection of chief of branch shall not be limited to the list of brigadier generals. Act of May 28, 1940 (54 Stat. 227); 10 U. S. C. 482c.

The above provision is added as a new paragraph of this section.

11. Commissioned strength by grades; officers below grade of brigadier general.

*

The number of promotion-list officers that shall be in the respective grades at any time after the effective date of this Act shall be such as results from the operation of the promotion system hereinafter in this section prescribed. ** * Provided, That at no time shall the number of promotion-list colonels exceed seven hundred and five: * * *Sec. 3, act of July 31, 1935 (49 Stat. 506); sec. 2, act of June 13, 1940 (54 Stat. 379); 10 U. S. C. 552a.

The first paragraph of the original text of this section based on section 2, act of July 81, 1935 (49 Stat. 506); 10 U. S. C. 553b, was expressly repealed by section 1, act of June 13, 1940 (54 Stat. 379).

The second paragraph was amended as above.

For promotion system referred to see 274, post.

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On and after July 1, 1939, * Commissioned officers, other than general officers, shall be assigned to the several branches as follows: Provided further, That nothing herein contained shall affect the number of professors, United States Military Academy, as now authorized by law, Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

The above provision is added as a new paragraph of this section.

13. Strength; warrant officers.

The effect of the provision in 131, post, authorizing reappointment of warrant officers after active duty as Reserve officers, is to increase the maximum number of warrant officers authorized by previous statutes to the extent necessary to comply with that provision (J. A. G. 211, Oct. 10, 1939).

The act of August 21, 1941, post, 131a, authorizes the appointment of chief warrant officers and warrant officers (junior grade) in number not to exceed 1 per centum of the authorized enlisted strength of the Regular Army.

14. Strength; warrant officers of the Army Mine Planter Service.

For increase in authorized number of warrant officers, Army Mine Planter Service, see 29, post.

The act of August 21, 1941, post, 131a, authorizes the appointment of chief warrant officers and warrant officers (junior grade) in number not to exceed 1 per centum of the authorized enlisted strength of the Regular Army.

15. Enlisted strength; maximum in time of peace.

The second paragraph of this section, based on section 8, act of July 2, 1926 (44 Stat. 783); 10 U. S. C. 292b, was expressly repealed by section 1, act of April 8, 1989 (53 Stat. 555).

In connection with Proclamation No. 2352, September 8, 1939, proclaiming the existence of a limited national emergency, the enlisted strength of the active list of the Regular Army was directed by Executive Order No. 8244, September 8, 1939, to be increased as rapidly as possible by voluntary enlistments to 227,000 men.

By act of June 26, 1940 (54 Stat. 601), post, 15a, the maximum number of enlisted men of the Regular Army as fixed by section 2 of the National Defense Act was increased from 280,000 to 375,000, for the fiscal year 1941 only.

By section 2, act of June 5, 1942 (56 Stat. 314); 50 U. S. C. App. 762, all provisions of existing law limiting the strength of any branch of the Army were suspended for the duration of the war and six months thereafter, unless earlier terminated by concurrent resolution of Congress or by proclamation of the President (sec. 16, id.).

15a. [Expired] Enlisted strength; authorized by appropriations.

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For an additional amount for pay of the Army, fiscal year 1940, comprising the same objects but not subject to the limitations as to the numbers of commissioned officers and enlisted men specified under this head in the Military Appropriation Act for said fiscal year, $10,175,940. Sec. 1, Supplemental Military Appropriation Act of July 1, 1939 (53 Stat. 993).

For an additional amount for pay of the Army, comprising the same objects specified under this head in the Military Appropriation Act, 1940, $12,714,196: Provided, That this appropriation shall not be subject to the limitations as to numbers of commissioned officers and enlisted men specified under this head in such Act. Sec. 1, Emergency Supplemental Appropriation Act of Feb. 12, 1940 (54 Stat. 24.)

Pay of the Army, irrespective of any limitations as to the enlisted strength of the Regular Army and as to the number of retired officers who may be called to active duty, $53,224,276: Provided, That the number of enlisted men of the Regular Army as fixed by section 2 of the National Defense Act, approved June 4, 1920, shall not be increased under the appropriations and authority in this Act by more than ninety-five thousand. First Supplemental National Defense Appropriation Act of June 26, 1940 (54 Stat. 601).

*** Provided, That this appropriation shall not be subject to any limitation on the enlisted strength of the Army, on the number of retired officers who may be called to active duty, * Third Supplemental National Defense Appropriation Act of Oct. 8, 1940 (54 Stat. 966).

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The fourth paragraph of the original text of this section was repeated in the appropriation act for the fiscal year 1940.

The above provisions are added as new paragraphs. They were not repeated in subsequent appropriation acts.

17. Retired list; unlimited.—* * * All officers retired under the provisions of this section shall be placed on the unlimited retired list. Sec. 2, act of July 29, 1941 (55 Stat. 606).

The above paragraph is added as a new provision of this section.

The fifth paragraph of the original text of this section, based on section 5, act of July 81, 1935 (49 Stat. 507); 10 U. S. C. 971b, was reenacted without change by section 3, act of June 18, 1940 (54 Stat. 381).

18. Infantry; composition and organization.

On and after July 1, 1939 *** commissioned officers, other than general officers, shall be assigned to the several branches as follows: Infantry, four thousand one hundred and eighty-four; * * * Sec. 8, act of Apr. 3, 1939 (58 Stat. 558); 10 U. S. C. 481b.

The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men for the duration of the war, see 134, post.

By 10, ante, an officer below the rank of brigadier general appointed Chief of Infantry is at the same time to be appointed a permanent brigadier general of the line.

The functions, duties and powers of the Chief of Infantry were transferred to the Commanding General, Army Ground Forces, by Executive Order No. 9082, February 28, 1942, set forth under 2255, post.

20. Infantry; Puerto Rico Regiment.

This section, based on section 21, act of June 3, 1916 (39 Stat. 180); section 21, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 283, has been eliminated from the Code.

21. Cavalry; composition and organization.

On and after July 1, 1939*** commissioned officers, other than general officers, shall be assigned to the several branches as follows: * ** Cavalry, one thousand and thirty-four; *** Sec. 8, act of Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

The above provision is added as a new paragraph of this section. For increase or decrease of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men for the duration of the war, see 134, post.

By 10, ante, an officer below the rank of brigadier general appointed Chief of Cavalry is at the same time to be appointed a permanent brigadier general of the line.

The functions, duties and powers of the Chief of Cavalry were transferred to the Commanding General, Army Ground Forces, by Executive Order No. 9082, February 28, 1942, set forth under 2255, post.

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On and after July 1, 1939 *** commissioned officers, other than general officers, shall be assigned to the several branches as follows: * Field Artillery, one thousand seven hundred and twenty-six; Apr. 3, 1939 (53 Stat. 558); 10 U. S. C. 481b.

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* Sec. 8, act of

For increase or decrease

The above provision is added as a new paragraph of this section. of the number of officers by not more than 30 per centum, and removal of limitations on number of officers and enlisted men for the duration of the war, see 134, post.

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