Volume 54
Public Law 76–194
To amend the National Defense Act of June 3, 1916, as amended, to provide for enlistments in the Army of the United States in time of war, or other emergency declared by Congress, and for other purposes.
Approved May 14, 1940
Statutory text
AN ACT
To amend the National Defense Act of June 3, 1916, as amended, to provide for enlistments in the Army of the United States in time of war, or other emergency declared by Congress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 127a,
National Defense Act, amendment.
added to the National Defense Act of June 3, 1916 (39 Stat. 166), by section 51 of the Act of June 4, 1920 (41 Stat. 785), as amended, be, and the same is hereby, further amended by inserting after the concluding paragraph thereof a new paragraph to read as follows:
“In time of war or other emergency declared by Congress, all
Enlistments in time of war or other emergency.
enlistments in the active military service of the United States shall be in the Army of the United States without specification of any particular component or unit thereof and shall be for the duration
Duration.
of the war or other emergency plus six months, subject in each case to earlier discharge at the. discretion of the President or otherwise according to law. Eligibility for such enlistment shall be limited
Eligibility.
to persons not less than eighteen years of age and otherwise qualified under such regulations as the Secretary of War shall prescribe. The oath or affirmation of enlistment set forth in Article of War 109 shall
be used and may be taken before any officer of the Army of the United States. All persons enlisted at any time in the Army of the
Assignments and transfers.
United States or any component thereof, as long as they continue in the military service, shall, in time of war or other emergency declared by Congress, be available for assignment to duty with any unit of the Army of the United States and may be freely transferred from one unit to another, regardless of the component status of the units involved.”
Approved, May 14, 1940.