expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-12 (1), ante. The second paragraph, based on the act of June 12, 1906 (34 Stat. 246); 10 U. S. C. 870, was superseded by 1371c-12 (9), ante.

1535. Mileage; deductions when transportation furnished.

*

The second paragraph of the original text of this section, based on section 12, act of June 10, 1922 (42 Stat. 631), as amended by act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-12 (1), ante. 1535a. Mileage; enlisted men.-For travel of the Army, * Provided, That funds appropriated under this heading may be applied to the payment of money allowances in lieu of transportation, or transportation and subsistence, at the rate of 3 cents per mile to enlisted men regardless of the mode of travel. Military Appropriation Act of July 2, 1942 (56 Stat. 614).

The above provision has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 577). A similar provision was contained in Third Supplemental National Defense Appropriation Act of December 17, 1941 (55 Stat. 811).

1536. Actual expenses; officers' repeated travel.

The original text of this section, based on section 12, act of June 10, 1922 (42 Stat. 631), as amended by act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-12 (1), ante.

1537. Actual expenses; officers' travel outside continental United States and in Alaska.

The original text of this section, based on section 12, act of June 10, 1922 (42 Stat. 631), as amended by act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-12 (1), ante.

1537a. Actual expenses; military observers on duty abroad.

The second paragraph of the original text of this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1351), and subsequent acts, was not repeated in the appropriation act for the fiscal year 1943. The subject matter is covered by 1742, post. The limitation of $5,000 on the expenses of military observers on duty abroad had previously been repealed by the Third Supplemental National Defense Appropriation Act of December 17, 1941 (55 Stat. 811).

1537b. Actual expenses; officers on duty with American Battle Monuments Commission.

This provision has been repeated in subsequent appropriation acts, including Independent Offices Appropriation Act, 1945 (58 Stat. 363).

1537c. Actual expenses; officers on duty with the Bureau of Lighthouses. This section, based on section 6, act of February 26, 1907 (34 Stat. 997); 33 U. S. C. 718, has been eliminated from the Code.

1537d. Actual expenses; National Guard duty.

The citation to the first paragraph of the original text of this section should read “32 U. S. C. 22" instead of 32 U. S. C. 2.

Section 11 of the Pay Readjustment Act of June 10, 1922, referred to therein, was superseded by 1371c-10 (1), ante.

1537e. Actual expenses; travel by sea.

The second paragraph of the original text of this section, based on act of April 15, 1926 (44 Stat. 259); 10 U. S. C. 748a, was superseded by 1371c-12 (8), ante.

Section 302, First Supplemental National Defense Appropriation Act, 1944 (57 Stat. 642), provided as follows: "The provision of law prescribing the use of vessels of United States registry by employees of the Government traveling overseas (46 U. S. C. 1241), shall not apply to such travel during the fiscal year 1944." A similar provision, applicable to fiscal year 1945, was contained in section 207, Independent Offices Appropriation Act, 1945 (58 Stat. 386).

1537f. Actual expenses; travel by commercial aircraft.

By act of July 14, 1939 (53 Stat. 1000), certain payments for airplane transportation made to officers and employees prior to December 10, 1935, were validated.

The original text of this section, based on section 204, act of June 23, 1938 (52 Stat. 983); 49 U. S. C. 424, was superseded by 1371c-12 (4), ante.

1537g. Actual expenses; limitation to lowest first-class rate.-Whenever by or under authority of law actual expenses for travel may be allowed to officers or employees of the United States, such allowances, in the case of travel ordered after the date of enactment of this Act, shall not exceed the lowest first-class rate by the transportation facility used in such travel. Sec. 10, Title II, act of Mar. 3, 1933 (47 Stat. 1516); 5 U. S. C. 73b.

The text of this section is also set forth in the original text of the Military Laws, 1632, post. The Military Appropriation Act, 1945 (58 Stat. 576), provides for the cost of a compartment or such other accommodations authorized by the Secretary of War for security purposes "when secret documents are transported by officer messenger, or when valuable War Department property is transported as hand baggage by personnel of the Military

Establishment".

1538. Actual expenses or per diem; officers.

The original text of this section, based on section 12, act of June 10, 1922 (42 Stat. 631), as amended by act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-12 (2),ante.

1539. Actual expenses or per diem; members of Army Nurse Corps.

For mileage and travel allowances of members of the Army Nurse Corps during the present war and for six months thereafter, see 2165f-1, post.

1540. Actual expenses or per diem; enlisted men.

This section, based on the act of April 20, 1918 (40 Stat. 534); 10 U. S. C. 755, is eliminated as superseded by 1489, ante.

1541. Actual expenses or per diem; travel by air.

By 35a-1, ante, the grade of "aviation cadet" was substituted for the grade of "flying cadet." The original text of this section, based on section 12, act of June 10, 1922 (42 Stat. 631), as amended by section 1, act of March 2, 1931 (46 Stat. 1461); 37 U. S. C. 20, was expressly repealed by 1871c-19 (2), ante. The subject matter is covered by 1371c-12 (3), ante.

1542. Actual expenses or per diem; travel in connection with aerial surveys. To cover actual additional expenses to which flyers are subjected when making aerial surveys, hereafter a per diem of $7 in lieu of other travel allowances shall be paid to officers, warrant officers, and enlisted men of the Army, Navy, and Marine Corps for the actual time consumed while traveling by air, under competent orders, in connection with naval aerial surveys and flight checking of Hydrographic Office aviation charts, and aerial surveys of rivers and harbors or other governmental projects, and a per diem of $6 for the actual time consumed in making such aerial surveys, or flight checking of Hydrographic Office aviation charts. The per diem authorized in connection with naval aerial surveys and flight checking of Hydrographic Office aviation charts shall be paid from the appropriation 'Pay, subsistence, and transportation of naval personnel'. The per diem authorized in connection with aerial surveys of rivers and harbors or other governmental projects shall be paid from appropriations available for the particular improvement or project for which the survey is being made: Provided, That not more than one of the per diem allowances authorized in this section shall be paid for any one day: And provided further, That Naval and Marine Corps personnel shall not be entitled to the allowances authorized by this section when naval tender facilities or the equivalent thereof are available while traveling by air or in the area where the naval survey or flight checking duties are performed. Sec. 5, act of Mar. 3, 1925 (43 Stat. 1190); act of May 31, 1940 (54 Stat. 229); 10 U. S. C. 306; 34 U. S. C. 893.

This section has been amended as above.

for

1542a. Travel in connection with procurement of aircraft.travel of military and civilian personnel in connection with the administration of this appropriation, including travel by air or rail required in connection with the transportation of new aircraft from factory to first destination; * * * Military Appropriation Act of July 1, 1943 (57 Stat. 356). A similar provision was contained in Military Appropriation Act, 1945 (58 Stat. 583). Earlier provisions were contained in Third Supplemental National Defense Appropriation Act of October 8, 1940 (54 Stat. 968), Military Appropriation Acts, 1942 (55 Stat. 378) and 1943 (56 Stat. 619).

1542b. Travel in connection with the Selective Service System.-* Provided further, That the travel of persons engaged in the administration of the Selective Service System, including commissioned, warrant, or enlisted personnel of the Army, Navy, Marine Corps, or their reserve components, may be ordered by the Director or by such persons as he may authorize, and persons so traveling shall be entitled to transportation and subsistence or per diem in lieu of subsistence, at rates authorized by law: National War Agency Appropriation Act of June 28, 1944 (58 Stat. 544); 50 U. S. C. App. 310a.

* * Provided further, That the Director of Selective Service, in prescribing per diem rates of allowance, not exceeding $7, in lieu of subsistence for officers of the Army, Navy, and Marine Corps, and of the reserve components thereof, traveling on official business and away from their designated posts of duty, pursuant to the first paragraph of section 12 of the Act approved June 16, 1942 (37 U. S. C. 112), is hereby authorized to prescribe such per diem rates of allowance, whether or not orders are given to such officers for travel to be performed repeatedly between two or more places in the same vicinity, and without regard to the length of time away from their designated posts of duty under such orders. National War Agency Appropriation Act of June 28, 1944 (58 Stat. 544); 50 U. S. C. App. 310a.

A provision similar to the first paragraph, supra, was contained in Third Supplemental National Defense Appropriation Act, 1941 (54 Stat. 971), Independent Offices Appropriation Acts, 1942 (55 Stat. 117), 1943 (56 Stat. 416), and War Manpower Commission Appropriation Act, 1944 (57 Stat. 519).

The Sixth Supplemental National Defense Appropriation Act of April 28, 1942 (56 Stat. 237) and War Manpower Commission Appropriation Act of July 12, 1943 (57 Stat. 519), contained a provision similar to the second paragraph, supra, but authorized a per diem of $6 in lieu of subsistence.

For first paragraph of section 12, act of June 16, 1942, to which reference is made in the text of the second paragraph, supra, see 1871c-12 (2), ante.

1543. Travel by privately owned conveyance.

The original text of this section, based on section 12, act of June 10, 1922 (42 Stat. 631), as amended by act of May 29, 1928 (45 Stat. 975); 37 U. S. C. 20a, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-12 (5), ante.

1552. Travel expense; attendance at horse shows, etc.

Participation of personnel and animals of the Regular Army in the Twelfth Olympic Games was authorized by act of April 10, 1939 (53 Stat. 572).

CHAPTER 28

PAY AND ALLOWANCES, NATIONAL GUARD, ORGANIZED RESERVES, AND CIVILIANS IN MILITARY TRAINING

1553. Active duty pay; Reserve and National Guard officers.

The Second Supplemental National Defense Appropriation Act of September 9, 1940 (54 Stat. 874), makes the appropriation "Organized Reserves" for the fiscal year 1941 available for the pay and allowances of Reserve officers detailed for duty with the Reserve Officers' Training Corps.

The second paragraph of the original text of this section, based on section 3, act of June 10, 1922 (42 Stat. 627), as amended by section 1, act of May 31, 1924 (43 Stat. 250); 37 U. S. C. 7, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-3 (1), ante.

1554. Active duty pay; Enlisted Reserve Corps.

For pay and allowances of members of the Enlisted Reserve Corps when "on active duty in the service of the United States," see 1371c-14 (1), ante.

1555. Active duty pay; militia called into Federal Service.

The first paragraph of the original text of this section, based on section 10; act of January 21, 1903 (32 Stat. 776); 32 U. S. C. 157, was superseded by 1371c-14 (2), ante.

1556a. Longevity pay; enlisted men and warrant officers, National Guard of the United States.-That hereafter warrant officers and enlisted men of the ** * National Guard of the United States shall be credited with longevity for pay purposes on the basis of full time for all service since June 30, 1925, both active and inactive, in the Naval Reserve, Marine Corps Reserve, and the National Guard: Provided, That warrant officers and enlisted men of the National Guard of the United States shall not be credited for this purpose with time served in the inactive National Guard not in the active Federal service. Sec., act of May 4, 1942 (56 Stat. 266); 37 U. S. C. 18a.

The provisions of 1371c-8 and 1371c-9, ante, relative to the service which may be counted for longevity pay, are inconsistent with the limit fixed in this section, and in view of 1371c-14, ante, it does not appear that it was the intent of the law to limit the particular services mentioned in this section to the longevity credits specified therein. This section, to that extent, has been superseded by the Pay Readjustment Act of June 16, 1942. (22 Comp. Gen. 411.)

1558. Pay and allowances while engaged in encampments, maneuvers, or other exercises; National Guard and National Guard Reserve.

*

*

*

*

*

[This paragraph repealed] The pay of enlisted men of the sixth grade of the National Guard * * * for each day of participation in exercises under sections 94 * * * of the National Defense Act, shall be $1.20. Sec. 12 (c), act of Sept. 16, 1940 (54 Stat. 895) 37 U. S. C. 23.

The third paragraph of the original text of this section, based on section 14, act of June 10, 1922 (42 Stat. 632); 37 U. S. C. 23, was expressly repealed by section 12 (f), act of September 16, 1940. It was superseded, in part, effective October 1, 1940, by the above provision, which, in turn, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-14 (2), ante, which also supersedes the first paragraph, based on section 94, act of June 3, 1916 (39 Stat. 206); 32 U. S. C. 144.

1559. Pay and allowances while attending assemblages for instruction; National Guard.

[This paragraph repealed] The pay of enlisted men of the sixth grade of the National Guard ** aje * for each day of participation in exercises under sections* * * 97 * * of the National Defense Act, shall be $1.20. Sec. 12 (c), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 23. The second paragraph of the original text of this section, based on section 14, act of June 10, 1922 (42 Stat. 632); 37 U. S. C. 23, was expressly repealed by section 12 (f), act of September 16, 1940. It was superseded in part, effective October 1, 1940, by the above provision, which, in turn, was expressly repealed by 1371c-19 (2), ante. The subject matter is covered by 1371c-14 (2), ante, which also supersedes the first paragraph, based on section 97, act of June 3, 1916 (39 Stat. 207), as amended by section 2, act of May 28, 1926 (44 Stat. 674); 32 U. S. C. 145.

1560. Pay and allowances while attending service schools or courses of instruction; National Guard.

[This paragraph repealed] The pay of enlisted men of the sixth grade of the National Guard * ** for each day of participation in exercises under sections * * 99 of the National Defense Act, shall be $1.20. Sec. 12 (c), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 23.

*

The second paragraph of the original text of this section, based on section 14, act of June 10, 1922 (42 Stat. 632); 37 U. S. C. 23, was expressly repealed by section 12 (f), act of September 16, 1940. It was superseded in part, effective October 1, 1940, by the above provision, which, in turn was expressly repealed by 1371c-19 (12), ante. The subject matter is covered by 1871c-14 (2), ante, which also supersedes the first paragraph, based on section 99, act of June 3, 1916 (39 Stat. 207), as amended by section 5, act of September 22, 1922 (42 Stat. 1035), and section 3, act of May 28, 1926 (44 Stat. 674); 32 U. S. C. 146.

1561. Pay and allowances while on duty in connection with national matches; National Guard and Organized Reserves.

This provision, based on War Department Appropriation Act of May 15, 1936 (49 Stat. 1299), and subsequent acts, was not repeated in the Military Appropriation Act for the fiscal year 1942 and subsequent acts.

1569. Drill and administrative pay; officers and warrant officers of the National Guard.-[This paragraph superseded] Under such regulations as the Secretary of War may prescribe, officers and warrant officers of the National Guard, except general officers, shall receive compensation at the rate of one-thirtieth of the monthly base pay prescribed for them in sections 3 and 9 of the Pay Readjustment Act of June 10, 1922, for each regular drill, period of appropriate duty, or other equivalent period of training, authorized by the Secretary of War, not exceeding eight in any one calendar month and not exceeding sixty in any one fiscal year, at which they shall have been engaged for the entire period of not less than one and one-half hours: