That the Secretary of War is authorized to pay tuition for the officers so detailed and to provide them with necessary textbooks and technical supplies from any moneys available for the Air Service of the Army not otherwise specifically appropriated. Sec. 2, act of May 10, 1920 (41 Stat. 594); 10 U. S. C. 298. By 30, ante, the Air Service is designated as the Air Corps.

172. Detail to educational institutions, industrial plants, and hospitals for training in specialties.—The Secretary of War is hereby authorized, in his discretion, to detail not to exceed 2 per centum of the commissioned officers and one-half of 1 per centum of the enlisted men of the Regular Army in any fiscal year as students at such technical, professional, and other educational institutions, or as students, observers, or investigators at such industrial plants, hospitals, and other places as shall be best suited to enable such officers or enlisted men to acquire a knowledge of or experience in the specialties in which it is deemed necessary that such officers or enlisted men shall perfect themselves. The number of officers so detailed shall, as far as practicable, be distributed proportionately among the various branches: Provided, That no expense shall be incurred by the United States in addition to pay and allowances of the officers or enlisted men so detailed, except for the cost of tuition at such technical, professional, and other educational institutions: And provided further, That the allowances and tuition for enlisted men during the period of such detail may be paid from any funds appropriated for or allotted to the procurement branches: And provided further, That the Secretary of War may fix the length of enlistments for this purpose at three years or less, and the total length of detail of an enlisted man shall not exceed 50 per centum of his enlistment period. Par. 13, sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 786); act of June 8, 1926 (44 Stat. 705) ; 10 U. S. C. 535.

*

*, for payment annually of tuition fees of not to exceed thirty-five [fortyfive] student officers of the Corps of Engineers at civil technical institutions under the provisions of section 127a of the National Defense Act, as amended (U. S. C., title 10, sec. 535): * Title II, War Department appropriation act of May

15, 1936 (49 Stat. 1306).

The above provision has been repeated in subsequent appropriation acts.
The change indicated appeared in the act for the fiscal year 1939.

173. This section, based on R. S. 1225, as amended by section 1, act of September 26, 1888 (25 Stat. 491), act of January 13, 1891 (26 Stat. 716), and act of November 3, 1893 (28 Stat. 7), is superseded by 174 and 175, post, insofar as it affects the detail of Army officers and is omitted from the United States Code (J. A. G. 010.3, October 20, 1930, page 84), and from the Military Laws.

In so far as it affects officers of the Navy, the provisions of this section appear in 34 U. S. C. 1129.

174. Detail as instructors, Reserve Officers' Training Corps.-The President is hereby authorized to detail such numbers of officers, warrant officers, and enlisted men of the Regular Army, either active or retired, as may be necessary for duty as professors of military science and tactics, assistant professors of military science and tactics, and military instructors at educational institutions where one or more units of the Reserve Officers' Training Corps are maintained. In time of peace retired officers, retired warrant officers, or retired enlisted men shall not be detailed under the provisions of this section without their consent, and no officer on the active list shall be detailed

for duty at a school officers on the retired

or college, not including schools of the service, where list can be secured who are competent for such duty. * ** * Sec. 40b, added to the act of June 3, 1916, by sec. 33, act of June 4, 1920 (41 Stat. 777); 10 U. S. C. 386.

and the Secretary of War is

175. Detail as instructors in general.hereby authorized to detail such available active or retired officers, warrant officers, and enlisted men of the Regular Army as he may deem necessary to said schools and colleges, other than those provided for in section 40 of this Act: Provided, That while so detailed they shall receive active pay and allowances: Provided further, That in time of peace retired officers, warrant officers, or enlisted men shall not be detailed under the provisions of this section without their consent. Sec. 55c, added to the act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780); 10 U. S. C. 1181.

By 2024, post, details hereunder are limited to institutions having a course of military training prescribed by the Secretary of War and not less than 100 physically fit male students above the age of 14 years.

176. For text of this section as published in the 1929 Edition, see 1340a, post.

177. Detail to Federal Power Commission; officers of the Engineer Corps.* The commission may request the President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, to serve the commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the commission; and such detail is hereby authorized. * * Sec. 2, act of June 10, 1920 (41 Stat. 1063); sec. 1, act of June 23, 1930 (46 Stat. 798); 16 U. S. C. 793.

*

This section is from the act creating the Federal Power Commission. See 1865, post. 178. Detail to flying duty; number restricted.-* Exclusive of the Army Air Corps, and student aviators and qualified aircraft pilots of the Navy, Marine Corps, and Coast Guard, the number of officers of any of the services mentioned in the title of this Act who may be required by competent authority to participate regularly and frequently in aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President shall not at any one time exceed 1 per centum of the total authorized commissioned strength of such service. * * 2 Sec. 20, act of June 10, 1922 (42 Stat. 633); sec. 6, act of July 2, 1926 (44 Stat. 782); 10 U. S. C. 292; 37 U. S. C. 29.

For flying-duty pay of the Regular Army, see 1415, post; of the National Guard and Organized Reserves, see 1574, post.

179. This section, based on section 4, act of June 17, 1910 (36 Stat. 531); 41 U. S. C. 7, is omitted, in view of the abolition of the General Supply Committee by Executive Order No. 6166, June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended.

180. Detail to Geological Survey; officers of the Ordnance Department.— And the Secretary of War is hereby authorized to detail not exceeding two officers of the Ordnance Corps to serve with the Geological Survey: Provided, That in his judgment it can be done without injury to the service. Sec. 1, act of June 16, 1880 (21 Stat. 274); 43 U. S. C. 33.

By sec. 12, act of June 3, 1916 (39, Stat. 174), the Ordnance Corps was designated as the Ordnance Department.

181. Detail to National Advisory Health Council; officer of the Medical Department. That there shall be an advisory board for the hygienic laboratory provided by the act of Congress approved March third, nineteen hundred and one, for consultation with the Surgeon General of the Public Health and Marine Hospital Service relative to the investigations to be inaugurated, and the methods of conducting the same, in said laboratory. Said board shall consist of three competent experts, to be detailed from the Army, the Navy, and the Bureau of Animal Industry by the Surgeon General of the Army, the Surgeon General of the Navy, and the Secretary of Agriculture, respectively, which

* * *

experts, with the director of the said laboratory, shall be ex officio members of the board, and serve without additional compensation. Sec. 5, act of July 1, 1902 (32 Stat. 713) ; 42 U. S. C. 21.

The Hygienic Laboratory was provided for by act Mar. 3, 1901, sec. 1 (31 Stat. 1137). By section 13, act of April 9, 1930 (46 Stat. 152), the advisory board for the Hygienic Laboratory was thereafter to be known as the National Advisory Health Council, and by section 1, act of May 26, 1930 (40 Stat. 379), the Hygienic Laboratory was designated as the National Institute of Health, all laws, authorizations, and appropriations pertaining to the former being made applicable to the latter.

182. Detail in connection with Indian education. That the Secretary of War shall be authorized to detail an officer of the Army, not above the rank of captain, for special duty with reference to Indian education. Sec. 7, act of June 23, 1879 (21 Stat. 35); 25 U. S. C. 273.

* That the Secretary of War be, and he is hereby authorized to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at each such school so established; Act of July 31, 1882 (22 Stat. 181); 25

U. S. C. 276.

Provided, That hereafter the Presi

183. Detail as Indian agents.-* * * dent may detail officers of the United States Army to act as Indian agents at such agencies as, in the opinion of the President, may require the presence of an Army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior: *. Sec. 1, act of July 1, 1898 (30 Stat. 573); 25 U. S. C. 27.

The superintendent, agent, or sub-agent, together with such military officer as the President may direct, shall be present and certify to the delivery of all goods and money required to be paid or delivered to the Indians. R. S. 2088; 25 U. S. C. 112.

The first paragraph, supra, superseded a somewhat similar proviso of sec. 1, act of July 13, 1892 (27 Stat. 120), and R. S. 2062, authorizing the President to require any military officer to execute the duties of an Indian agent.

The word "superintendent," in the second paragraph, has become inoperative; no appropriation for any superintendent of Indian affairs having been made since act of Mar. 3, 1877 (19 Stat. 271).

The War Department has no objection to the express repeal (as recommended by the Interior Department) of the first paragraph of this section, based on section 1, act of July 1, 1898 (30 Stat. 573); 25 U. S. C. 27 (J. A. G. 010.3, December 5, 1929, page 7). 184. Detail to Inland Waterways Corporation.—(c) In addition to the six members, the Secretary of War shall appoint an individual from civil life, or (notwithstanding section 1222 of the Revised Statutes or any other provision of law, or any rules or regulations issued thereunder) detail an officer from the Military Establishment of the United States, as chairman of the board. Any officer so detailed at the date of the passage of this amendatory Act, shall, during his term of office as chairman, have the rank, pay, and allowances, of a major general, United States Army, and shall be exempt from the operation of any provision of law, or any rules or regulations issued thereunder, which limits the length of such detail or compels him to perform duty with troops. # ** Sec. 4, act of June 3, 1924 (43 Stat. 361); act of Feb. 28, 1927 (44 Stat. 1261); 49 U. S. C. 154.

By sec. 4, Part I, Reorganization Plan No. 2, dated May 9, 1939, issued under authority of the Reorganization Act of April 3, 1939, the Inland Waterways Corporation, and all of its functions and obligations, were transferred to the Department of Commerce, to be administered under the supervision and direction of the Secretary of Commerce; all the powers and duties of the Secretary of War relating to this corporation to be exercised and performed by the Secretary of Commerce.

185. Detail to inspect accounts of disbursing officers.-That it shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursement made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the inspection department of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. Sec. 1, act of Apr. 20, 1874 (18 Stat. 33); 10 U. S. C. 174.

186. Detail to Latin-American Republics and Commonwealth of the Philippine Islands. That the President of the United States be, and hereby is, authorized, upon application from the foreign governments concerned, and whenever in his discretion the public interests render such a course advisable, to detail officers and enlisted men of the United States Army, Navy, and Marine Corps to assist the governments of the Republics of North America, Central America, and South America and of the Republics of Cuba, Haiti, Santo Domingo, and the Commonwealth of the Philippine Islands, in military and naval matters: Provided, That the officers and enlisted men so detailed be, and they are hereby, authorized to accept from the government to which detailed offices and such compensation and emoluments thereunto appertaining as may be first approved by the Secretary of War or by the Secretary of the Navy, as the case may be: Provided further, That while so detailed such officers and enlisted men shall receive, in addition to the compensation and emoluments allowed them by such governments, the pay and allowances whereto entitled in the United States Army, Navy, and Marine Corps and shall be allowed the same credit for longevity, retirement, and for all other purposes that they would receive if they were serving with the forces of the United States. Act of May 19, 1926 (44 Stat. 565); act of May 14, 1935 (49 Stat. 218); 10 U. S. C. 540; 34 U. S. C. 441a.

This provision supersedes act of Apr. 19, 1910 (36 Stat. 624), authorizing detail of officers to Cuba and Panama.

187. Detail to Lighthouse Service; officers of the Engineer Corps.-* The President may detail officers of the Engineer Corps of the United States Army for consultation or to superintend the construction or repair of any aid to navigation authorized by Congress. Sec. 11, act of June 17, 1910 (36 Stat.

539); 33 U. S. C. 717.

Provided further, That in the districts which include the Mississippi River and its tributaries the President may designate Army engineers to perform the duties of and act as superintendent of lighthouses without additional compensation. Sec. 7, act of June 20, 1918 (40 Stat. 609); 33 U. S. C. 744.

No additional salary shall be allowed to any civil, military, or naval officer on account of his being employed on the Lighthouse Board or being in any manner attached to the Lighthouse Service. R. S. 4679; 33 U. S. C. 719.

The employees of the Lighthouse Board were transferred to the Bureau of Lighthouses, and sections of the Revised Statutes providing for a Lighthouse Board were repealed by act of June 17, 1910, secs. 5, 13 (36 Stat. 537, 539).

188. Detail to Military Academy; dental surgeons.- * * * Provided, That hereafter the number of dental surgeons authorized by law shall be thirty-one, of which number one shall be detailed to the United States Military Academy. Act of Mar. 2, 1907 (34 Stat. 1163).

So much of this provision as fixed the number of dental surgeons at "31," was superseded by the provision that the number of dental surgeons in the Dental Corps attached to the Medical Department should not exceed 60, made by the act Mar. 3, 1911, and subsequent acts creating the Dental Corps. See 75, ante.

*

189. Detail to Mississippi River Commission; officers of the Engineer Corps.* And to enable said commission to complete such surveys, examinations, and investigations, the Secretary of War shall, when requested by said commission, detail from the Engineer Corps of the Army such officers and men as may be necessary, *. Sec. 3, act of June 28, 1879 (21 Stat. 37); 33 U. S. C. 647.

The Secretary of War may detail from the Engineer Corps of the Army of the United States an officer to act as secretary of said commission. Sec. 6, act of June 28, 1879 (21 Stat. 38); 33 U. S. C. 644.

190. This provision, based on Army appropriation act of February 28, 1929 (45 Stat. 1356), and subsequent appropriation acts, is not repeated in the act for the fiscal year 1938 or thereafter.

191. Detail to National Guard duty; general provision.-The Secretary of War shall detail officers of the active list of the Army to duty with the National Guard in each State, Territory, or District of Columbia.

The Secretary of War may, upon like application, detail one or more enlisted men of the Regular Army with each State, Territory, or District of Columbia for duty in connection with the National Guard. But nothing in this section shall be so construed as to prevent the detail of retired officers as now provided by law. Sec. 100, act of June 3, 1916 (39 Stat. 208); 32 U. S. C. 68.

This section superseded sec. 20, act of Jan. 21, 1903, amended by sec. 11, act of May 27, 1908, reading as follows: "Upon the application of the governor of any State or Territory furnished with material of war under the provisions of this act, or former laws of Congress, the Secretary of War may, in his discretion, detail one or more officers or enlisted men of the Army to report to the governor of such State or Territory for duty in connection with the organized militia. All such assignments may be revoked at the request of the governor of such State or Territory or at the pleasure of the Secretary of War.

The detail or assignment of retired officers of the Army for service with the organized militia in the States or Territories was authorized by 218, post, and their compensation while so employed is regulated by 1513, post.

the

192. Detail to National Guard duty; to command tactical units.President may assign the National Guard of the several States and Territories and the District of Columbia to tactical units, and may detail officers either from the National Guard or Regular Army to command such units: Provided, That where complete units are organized within a State, Territory, or the District of Columbia the commanding officers thereof shall not be displaced under the provisions of this section. Sec. 64, act of June 3, 1916 (39 Stat. 198); 32 U. S. C. 8.

193. Detail to National Guard duty; as chiefs of staff of divisions.-The President may detail one officer of the Regular Army as chief of staff and one officer of the Regular Army as assistant to the chief of staff of any division

of the National Guard in the service of the United States as a National Guard organization: Provided, That in order to insure the prompt mobilization of the National Guard in time of war or other emergency, the President may, in time of peace, detail an officer of the Regular Army to perform the duties of chief of staff for each fully organized tactical division of the National Guard. Sec. 65, act of June 3, 1916 (39 Stat. 199); 32 U. S. C. 10.

194. Detail to duty with National Guard; as instructors.for instruction of the National Guard the President shall assign such number of officers of the Regular Army as he may deem necessary; also, such number of enlisted men of the Regular Army for duty in the instruction of the National Guard. * ** * Sec. 81, act of June 3, 1916 (39 Stat. 203); sec. 44, act of June 4, 1920 (41 Stat. 782); sec. 4, act of Sept. 22, 1922 (42 Stat. 1034); sec. 3, act of Feb. 28, 1925 (43 Stat. 1076); sec. 16, act of June 15, 1933 (48 Stat. 160); 32 U. S. C. 66.