1938, May 17. Increase in minimum number of naval airplanes. Sec. 3. The President of the United States is hereby authorized to acquire or construct additional naval airplanes, including patrol planes, and spare parts and equipment, so as to bring the number of useful naval airplanes to a total of not less than three thousand.--(52 Stat. 402, ch. 243.) /1938, May 17. Requirements as to allocation and contracts for construction of vessels and aircraft. Sec. 7. The allocation and contracts for construction of the vessels herein authorized and the replacement thereof, as well as for the procurement and construction of airplanes and spare parts, shall be in accordance with the terms and conditions provided by the Act of March 27, 1934 (48 Stat. 503), as amended.-(52 Stat. 402, ch. 243.) EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 498f of title 34. This section refers to secs. 2 and 3 of an act of Mar. 27, 1934, ch. 95, 48 Stat. 504-505, as amended. /1938, May 17. Declaration of naval limitation policy; suspension of construction program. Sec. 9. The United States would welcome and support an international conference for naval limitations and in the event of an international treaty for the further limitations of naval armament to which the United States is signatory, the President is hereby authorized and empowered to suspend so much of its naval construction as has been authorized as may be necessary to bring the naval armament of the United States within the limitations so agreed upon, except that such suspension shall not apply to vessels and aircraft then actually under construction.--(52 Stat. 403, ch. 243.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 498h of title 34. 1938, May 17. Construction of vessels on Pacific Coast./ Sec. 11. That the Navy Department shall construct upon the Pacific coast of the United States such vessels as the President of the United States may determine to be necessary in order to maintain shipyard facilities upon the Pacific coast necessary and adequate to meet the requirements of national defense.--(52 Stat. 403, ch. 243.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 498j af title 34. /1938, May 17. Representations and stipulations in contracts for construction, alteration, etc., of naval vessels./ Sec. 12. The construction, alteration, furnishing, or equipping of any naval vessel authorized by this Act, or the construction, alteration, furnishing, or equipping of any naval vessels with funds from any appropriation available for such purposes, contracts for which are made after June 30, 1938, shall be in accordance with the provisions of Public Law 846, Seventy-fourth Congress, approved June 30, 1936, unless such course, in the judgment of the President of the United States, should not be in the interest of national defense.--(52 Stat. 403, ch. 243.) EDITORIAL NOTES This section is embodied in the U. S. Cole as sec. 499k of title 34. Sec. 9 of an act of June 14, 1940, ch. 354, 54 Stat. 395, is similar to this section. /1938, May 25. Detail of Government employees, possessing special qualifications, to assist governments of American republics, the Commonwealth of the Philippine Islands, and Liberia./ That the President of the United States be, and hereby is, authorized, whenever he finds that the public interest renders such a course advisable, upon agreement with the government of any other American republic or the Government of the Commonwealth of the Philippine Islands, or the Government of Liberia, if such government is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, other than those persons covered by the Act of May 19, 1926 (44 Stat. 565), as amended by the Act of May 14, 1935 (49 Stat. 218), from time to time to detail for temporary service of not exceeding one year at a time, under such government, any such person in the employ of the Government of the United States: Provided, That the President may, in extraordinary circumstances, extend the period of such detail for one or more additional periods of not to exceed six months each: Provided further, That while so detailed, such person shall be considered, for the purpose of preserving his rights and privileges as such, an officer or employee of the Government of the United States and of the department or agency from which detailed and shall continue to receive therefrom compensation, and he may receive additional compensation from the department or agency from which detailed not to exceed 50 per centum of the compensation he was receiving as an officer or employee of the United States at the time of detail, and shall receive from the United States reimbursement for travel expenses to and from the place of detail and monthly allowances determined by the President to be adequate for quarters and subsistence during the period of such detail. The additional compensation, travel expenses, and other allowances authorized by this Act to be paid to any such officer or employee shall be paid from any appropriations available for the payment of compensation and travel expenses of the officers and employees of the department or agency from which he is detailed: Provided, however, That if any government to which a detail is authorized by this Act shall express the desire to reimburse this Government in whole or in part for the expenses of such detail, the President is authorized, when he deems it in the public interest, to accept such reimbursement and the amount so received may be credited to (a) appropriations current at the time the expenses of such detail are to be or have been paid, (b) appropriations current at the time such amounts are received, or (c) in part as provided under (a) and in part as provided under (b) hereof; and such amount shall be available for the purposes of the appropriations to which credited: And provided further, That if any such government shall express the desire to provide advances of funds to be used by this Government, in whole or in part for the expenses of such detail, the President is authorized, when he deems it in the public interest, to accept such advances of funds, and the amounts so received may be established as a trust fund, to be available for the purpose and under the provisions of this Act until the termination of the detail; any unexpended balance of the trust fund to be returned to the foreign government making the advance.--(52 Stat. 442-443, ch. 277; 53 Stat. 652-653, ch. 110.) EDITORIAL NOTES This act was expressly amended and reenacted to read as above by an act of May 3, 1939, ch. 110, 53 Stat. 652-653. This act, as amended, is embodied in the U.S. Code as sec. 118e of title 5. Exec. Order No. 8197, July 11, 1939, 4 F.R. 2953-2954, which was expressly amended By Exec. Order No. 9190, July 2, 1942, 7 F. R. 5101-5103, was issued under authority of this act, as amended. CASE NOTES Scope and operation of statute. The additional compensation to be paid employees detailed to the governments referred to in this act may be fixed during such detail and within the limitations of this act without regard to the rates of pay prescribed by the Classification Act of 1923, as amended. (18 Comp. Gen. 438, Nov. 10, 1938.) "The act of May 25, 1938, 52 Stat. 442, in authorizing both additional salary and allowances for quarters and subsistence as well as traveling expenses evidences an intention that the person so letailei shall be fully compensated or reimbursed for his expenses by the department from which detailed, and that the expenses shall not constitute a charge against the Government to which detailed unless that Government wishes to reimburse the United States in which case the payment is to be made to the United States and not to the individual. It As this act, as amended, provides specifically that the reimbursed amounts shall be available for (18 Although representatives of the Navy Department may not, without enabling legislation, negotiate with private shipbuilders for the construction in this country of a naval tug and transport ship for the government of Venezuela, civilian employees of the United States possessing technical or professional qualifications may be detailed by the President, under authority of the act of May 25, 1938, ch. 277, 52 Stat. 442-443, to assist said country in connection with matters involved in said construction. (File EF73/L11-3(22) (390111), Mar. 3, 1939, C. M. O. 1-1939, p. 50.) /1938, May 28. Limitation on allowances for travel expenses on inter-island steamships in Hawaii. Sec. 811. Whenever by or under authority of law actual expenses for travel may be allowed to officers and employees of the United States, such allowance, in the case of travel after the date of the enactment of this Act on inter-island steamships in the Territory of Hawaii, shall not exceed the rate for accommodations on such steamships equivalent as nearly as may be to the lowest first-class accommodations on transpacific steamships. The maximum fixed by this section shall be in lieu of the maximum fixed by section 10 of the Treasury and Post Office Appropriation Act for the fiscal year ending June 30, 1934 (47 Štat. 1516).--(52 Stat, 577, ch. 289.) EDITORIAL NOTE This section.is embodied in the U.S. Code as sec. 73e of title 5. 1938, June 14. Examinations for promotion to chief warrant rank. That no warrant officer of the Navy shall be promoted to chief warrant officer until he shall have passed an examination before a board of commissioned officers as may be prescribed by the Secretary of the Navy.--(52 Stat. 677, ch. 354.) 1938, June 15. Status of officers of Navy and Marine Corps promoted to higher grades upon removal of Ineligibility for promotion./ That the President of the United States be, and he is hereby, authorized to appoint to the next higher grade or rank on the active list such officers of the line of the United States Navy and such officers of the United States Marine Corps as became eligible by seniority for promotion to a higher grade or rank prior to May 29, 1934, under the laws then in force, and became ineligible for such promotion through the passage of the Acts approved May 29, 1934 (48 Stat. 811 and 814; U. S. C., title 34, sections 286h and 626a), and such officers of the Staff Corps of the United States Navy as became eligible by seniority for promotion to a higher grade or rank prior to August 5, 1935, under the laws then in force, and became ineligible for such promotion through the passage of the Act approved August 5, 1935 (49 Stat. 530), who have not been promoted to such higher grade or rank prior to the date of this Act: Provided, That such officers shall, prior to promotion as herein authorized, be required to establish under existing law their mental, moral, professional, and physical qualifications to perform all the duties of the grade or rank to which authorized to be appointed by the provisions of this Act, except that all such officers who are found physically or mentally not qualified for promotion due to causes originating in the line of duty shall be placed on the retired list in the grade or rank and with the retired pay to which their seniority would have entitled them under the laws in force at the time they became eligible by seniority for promotion: Provided further, That when promoted to the next higher grade or rank they shall be carried as extra numbers but only in the grade or rank to which promoted pursuant to this Act, and shall take precedence with, but after, the officers of the line or the Staff Corps of the Navy, or of the Marine Corps, respectively, next after whom they would have taken precedence had they been promoted to the next higher grade or rank under the laws in force at the time they became eligible by seniority for such promotion: Provided further, That for purposes of pay and service in grade they shall be held to have been promoted as of the date on which they became eligible by seniority for promotion: And provided further, That no back pay or allowances shall be held to have accrued prior to the passage of this Act.--(52 Stat. 685-686, ch. 387.) EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 286h-1 of title 34. So much of this section as precedes the second proviso is executed legislation. /1938, June 15. Rank, on retired list, of certain officers retired on account of disability originating in line of duty; retired pay./ Sec. 2. That such officers of the line of the United States Navy and of the United States Marine Corps as became eligible by seniority for promotion prior to May 29, 1934, under the laws then in force, and such officers of the Staff Corps of the United States Navy as became eligible by seniority for promotion prior to August 5, 1935, under the laws then in force, as have been retired on or before the date of this Act on account of mental or physical disability due to causes originating in the line of duty or as an incident of the service, shall have the rank and retired pay to which they would have been entitled had these disabilities been discovered by naval boards convened to determine their mental, moral, professional, and physical fitness for promotion to the next higher grade or rank under the laws then in force relative to promotion based upon seniority.--(52 Stat. 686, ch. 387.) This section is embodied in the U.S. Code as EDITORIAL NOTES sec. 286h-2 of title 34. This section was construed by the Acting Comptroller General in a decision dated Oct. 20, 1938 (No. A-98024). /1938, June 22. Rank, on retired list, of officer who has served as Chief of Naval Operations, chief of a bureau, Judge Advocate General of the Navy, or Commandant of the Marine Corps; retired pay and allow ances. That any officer of the Navy or Marine Corps who may be retired while serving as Chief of Naval Operations, as Chief of a Bureau of the Navy Department, as Judge Advocate General of the Navy, or as Major General Commandant of the Marine Corps, or who has served or shall have served two and one-half years or more as Chief of Naval Operations, as Chief of a Bureau of the Navy Department, as Judge Advocate General of the Navy, or as Major General Commandant of the Marine Corps, and is retired after completion of such service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank, pay, and allowances authorized by law for the highest grade or rank held by him as such Chief of Naval Operations, Chief of Bureau, Judge Advocate General, or Major General Commandant: Provided, That the President in his discretion may extend the privileges herein authorized to such officers as have heretofore been retired and who satisfy the foregoing conditions: Provided further, That no increase provided herein in retired pay shall be held to have accrued prior to the passage of this Act.--(52 Stat. 839-840, ch. 567.) 1881; Remey v. United States, 33 Ct. Cls. 218, Feb. CROSS REFERENCES Limitation on right of retired officer to money allowances for subsistence and rental: see act of Feb. 6, 1942, ch. 37, 56 Stat. 48. Retired pay, retainer pay, or equivalent pay of retired personnel and members of Fleet Reserve and Fleet Marine Corps Reserve: see the Pay Readjustment Act of 1942, approved June 16, 1942, ch. 413, sec. 15, 56 Stat. 367-368, as amended. 1938, June 22. Discharge for fraudulent enlistment because of minority or misrepresentation of age during Spanish-American War as honorable discharge. That in the administration of any laws conferring rights, privileges, or benefits upon honorably discharged members of the military or naval forces of the United States, their widows and dependent children, a member of the Navy or Marine Corps who was enlisted between April 21, 1898, and July 4, 1902, both dates inclusive, and who was discharged for fraudulent enlistment because of minority or misrepresentation of age, shall hereafter be held and considered to have been honorably discharged from the Navy or Marine Corps on the date of his actual separation therefrom, if his service otherwise was such as would have entitled him to an honorable discharge: Provided, That no back pay or allowance shall accrue by reason of the passage of this Act: Provided further, That in all such cases the Navy Department shall, upon request, grant to such individual, his widow or next of kin a discharge certificate showing that such former member of the Navy or Marine Corps is held and considered to have been honorably discharged under the provisions of this Act.--(52 Stat. 940-941, ch. 576.) EDITORIAL NOTE This act is embodied in the U.S. Code as sec. 206 and as sec. 696 of title 34. 1938, June 23. Merit system for promotion by selection./ That there is hereby established a merit system for promotion by selection in the line of the Navy.-(52 Stat. 944, ch. 598.) EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 290 of title 34. Sec. 2 of this act was superseded by sec. 3 of an act of Apr. 22, 1941, ch. 74, 55 Stat. 145. 1938, June 23. Distribution, among grades, of line officers of the Navy.7 Sec. 3. (a) The total number of commissioned line officers on the active list at any one time, exclusive of commissioned warrant officers, shall be distributed in the proportion of one in the grade of rear admiral to four in the grade of captain, to eight in the grade of commander, to fifteen in the grade of lieutenant commander, to thirty in the grade of lieutenant, to forty-two in the grades of lieutenant (junior grade) and ensign, inclusive: Provided, That except in time of war there shall be not more than seventy rear admirals on the active list of the line of the Navy, exclusive of additional numbers in grade. (b) To determine the authorized number of officers in the various grades of the line as provided in subsection (a) of this section, computations shall be made by the Secretary of the Navy at least once each year, and at such times as he may direct, and the resulting numbers in the various grades, as so computed, shall be held and considered for all purposes as the authorized number of officers in such various grades and shall not be varied between such computations: Provided, That no officer shall be reduced in rank or pay or separated from the active list of the Navy as a result of any computation made to determine the authorized number of officers in the various grades of the line: Provided further, That the number of officers allowed in any grade as a result of any such computation may be temporarily increased to include any such officers as may be promoted to that grade by reason of being recommended by a selection board as fitted for promotion as hereinafter provided or as may be retained in that grade by section 12 (j) of this Act; and the total number so carried in excess in the several grades shall be applied as a reduction to the numbers allowed to the grades of lieutenant and lieutenant (junior grade) and ensign, in the proportions of one-third of such total excess number in the grade of lieutenant and two-thirds in the combined grades of lieutenant (junior grade) and ensign: And provided further, That lieutenants (junior grade) on the promotion list who would under existing law be promoted to the grade of lieutenant prior to June 1, 1939, may be so promoted, without regard to the number of officers allowed in that grade by the computation prescribed in this subsection, on the dates on which under existing law they would be entitled to such promotion. (c) For the purpose of determining the authorized number of officers in any grade or rank of the line, there shall be excluded from consideration those officers carried by law as additional numbers: Provided, That officers who, on the date of approval of this Act, are additional numbers in grade by reason of the operation of section 3 of the Act of March 3, 1931 (46 Stat. 1483), as amended, are hereby changed to regular numbers on the Navy list; and no further such additional numbers shall be created. (d) Whenever a final fraction occurs in computing the authorized number of officers of any grade, the nearest whole number shall be regarded as the authorized number.--(52 Stat. 944-945, ch. 598.) EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 4 of title 34. This section superseded a provision of an act of Aug. 29, 1916, ch. 417, 39 Stat, 556, 576, as amended by the first section of an act of Mar. 3, 1931, ch. 397, 46 Stat. 1482, and sec. 2 of an act of July 22, 1935, ch. 402, 49 Stat. 487-488. The list of prior enactments relating to the distribution, among grades, of line officers of the Navy includes the following: sec. 1363, R.S.; sec. 1364, R. S.; act of Aug. 5, 1882, ch. 391, 22 Stat. 284, 286; act of Mar. 3, 1899, ch. 413, sec. 7, 30 Stat. 1005-1006; and act of Mar. 3, 1903, ch. 1010, 32 Stat. 1177, 1197. These enactments are quoted or summarized in notes under sec. 3 of an act of Apr. 22, 1941, ch. 74, 55 Stat. 145. The list of general and special enactments which have made provision for numbers of officers in the several grades in excess of the numbers authorized by the enactments referred to in the preceding paragraphs includes the following: sec. 1364, R.S.; sec. 1507, R. S.; sec. 1509, R.S.; act of Mar. 3, 1901, ch. 852, 31 Stat. 1107, 1108; act of Mar. 3, 1905, ch. 1425, 33 Stat. 992; act of June 16, 1906, ch. 3338, 34 Stat. 296; act of June 30, 1906, ch. 3908, 34 Stat. 633; act of June 30, 1906, ch. 3911, 34 Stat. 634; act of Feb. 15, 1907, ch. 924, 34 Stat. 892; act of June 25, 1910, ch. 415, 35 Stat. 4; act of Mar. 4, 1911, ch. 239, 36 Stat. 1265, 1267; act of Mar. 3, 1915, ch. 83, 38 Stat. 928, 938; act of Aug. 29, 1916, ch. 417, 39 Stat. 556, 577, 578-579, 582, 584, 602, as amended; act of June 23, 1926, ch. 663, 44 Stat, 764; act of June 24, 1926, ch. 668, sec. 3, par. 6, 44 Stat. 767; joint resolution of May 28, 1928, ch. 825, 45 Stat. 790; act of Feb. 18, 1929, ch. 261, 45 Stat. 1228; act of Mar. 3, 1931, ch. 397, sec. 7, 46 Stat. 1484-1485; act of May 6, 1932, ch. 170, first section, 47 Stat. 149, as amended by act of May 29, 1934, ch. 368, sec. 5, 48 Stat. 814-815, and act of Aug. 29, 1935, ch. 803, 49 Stat. 959; act of May 29, 1934, ch. 368, sec. 4, 48 Stat. 814, as amended by act of July 22, 1935, ch. 402, sec. 3, 49 Stat. 488; act of May 30, 1934, ch. 372, 48 Stat. 817, 825; act of June 5, 1935, ch. 175, 49 Stat. 323-324, act of July 22, 1935, ch. 402, sec. 7, 49 Stat. 490; act of June 15, 1938, ch. 387, first section, 52 Stat. 685686; act of June 25, 1940, ch. 420, sec. 4, 54 Stat. 528; act of Aug. 27, 1940, ch. 694, sec. 2, 54 Stat. 864; and act of June 27, 1942, ch. 423, sec. 5, 56 Stat. 423. CROSS REFERENCES Advancement as affecting promotion when higher grade is full: see sec. 1507, R.S. Advancement resulting from thanks of Congress as affecting other officers: see sec. 1509, R.S. Appointment of Commissioned warrant officers and warrant officers as commissioned officers: see act of June 27, 1942, ch. 451, 56 Stat. 422-423, as amended. Appointment of midshipmen as ensigns in the line: see act of May 6, 1932, ch. 170, 47 Stat. 149, as amended. Appointment of naval aviators of Naval Reserve and Marine Corps Reserve as officers in the line of the Navy and Marine Corps; status after appointment: see the Naval Aviation Personnel Act of 1940, approved Aug. 27, 1940, ch. 694, sec. 2, 54 Stat. 864; as amended. Authorized number of line officers of the Navy: see act of Apr. 22, 1941, ch. 74, sec. 3, 55 Stat. 145. Number of rear admirals who may be designated for engineering duty only: see act of June 25, 1940, ch. 420, sec. 5, 54 Stat. 528-529. Officers advanced for heroism and later promoted carried as additional numbers: see act of June 16, 1906, ch. 3338, 34 Stat. 296. |