24
52 STAT.] 75TH CONG., 3D SESS.-CHS. 173-175-APR. 25, 26, 1938 [CHAPTER 173] AN ACT To extend from June 16, 1938, to June 16, 1939, the period within which loans made prior to June 16, 1933, to executive officers of member banks of the Federal Reserve System may be renewed or extended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (g) of section 22 of the Federal Reserve Act, as amended (U. S. C., title 12, sec. 375a), is amended by striking out the word "five" in the first sentence of such subsection and inserting in lieu thereof the word "six". Approved, April 25, 1938. [CHAPTER 174] JOINT RESOLUTION To permit the transportation of passengers by Canadian passenger vessels between the port of Rochester, New York, and the port of Alexandria Bay, New York, on Lake Ontario and the Saint Lawrence River. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, until such time as passenger service shall be established by vessels of the United States between the port of Rochester, New York, and the port of Alex- andria Bay, New York, the Secretary of Commerce is authorized in his discretion to issue annually permits to Canadian passenger vessels to transport passengers between these ports; such Canadian vessels holding such permits not to be subject to the provisions of section 8 of the Act of June 19, 1886, as amended by section 2 of the Act of February 17, 1898 (46 U. S. C., sec. 289). Approved, April 26, 1938. [CHAPTER 175] AN ACT 223 April 25, 1938 [S. 3400] [Public, No. 492] Federal Reserve Act, amendment. Loans to executive officers of member banks. Extension or re- newal. 49 Stat. 375, 716. 12 U. S. C., Supp. III, § 375a. April 26, 1938 [H. J. Res. 463] [Pub. Res., No. 89] Transportation of passengers by Cana- dian vessels between designated ports. Annual permits. Penalty provisions waived. 24 Stat. 81; 30 Stat. 248. 46 U. S. C. J 289. April 26, 1938 Making appropriations for the Navy Department and the naval service for the [H. R. 8993] fiscal year ending June 30, 1939, and for other purposes. [Public, No. 493] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not other- wise appropriated, for the Navy Department and the naval service for the fiscal year ending June 30, 1939, namely: NAVAL ESTABLISHMENT OFFICE OF THE SECRETARY MISCELLANEOUS EXPENSES For traveling expenses of civilian employees, including not to exceed $3,800 for the expenses of attendance, at home and abroad, upon meetings of technical, professional, scientific, and other similar organizations when, in the judgment of the Secretary of the Navy, such attendance would be of benefit in the conduct of the work of the Navy Department; not to exceed $2 000 for the part-time or intermittent employment in the District of Columbia or elsewhere of such experts and at such rates of compensation as may be contracted for by and in the discretion of the Secretary of the Navy; expenses of courts martial, purchase of law and reference books, expenses of prisoners and prisons, courts of inquiry, boards of investigations, Navy Department and naval service ap- propriations for fiscal year 1939. Naval Establish- ment. Office of the Secre- tary. Traveling expenses. Experts. Courts martial, etc.

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Page 1: An Act making appropriations for the Navy …...of courts martial, purchase of law and reference books, expenses of prisoners and prisons, courts of inquiry, boards of investigations,

52 STAT.] 75TH CONG., 3D SESS.-CHS. 173-175-APR. 25, 26, 1938

[CHAPTER 173]AN ACT

To extend from June 16, 1938, to June 16, 1939, the period within which loansmade prior to June 16, 1933, to executive officers of member banks of theFederal Reserve System may be renewed or extended.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That subsection (g)of section 22 of the Federal Reserve Act, as amended (U. S. C., title12, sec. 375a), is amended by striking out the word "five" in thefirst sentence of such subsection and inserting in lieu thereof theword "six".

Approved, April 25, 1938.

[CHAPTER 174]JOINT RESOLUTION

To permit the transportation of passengers by Canadian passenger vessels betweenthe port of Rochester, New York, and the port of Alexandria Bay, New York,on Lake Ontario and the Saint Lawrence River.

Resolved by the Senate and House of Representatives of the UnitedStates of America in Congress assembled, That, until such time aspassenger service shall be established by vessels of the United Statesbetween the port of Rochester, New York, and the port of Alex-andria Bay, New York, the Secretary of Commerce is authorizedin his discretion to issue annually permits to Canadian passengervessels to transport passengers between these ports; such Canadianvessels holding such permits not to be subject to the provisions ofsection 8 of the Act of June 19, 1886, as amended by section 2 of theAct of February 17, 1898 (46 U. S. C., sec. 289).

Approved, April 26, 1938.

[CHAPTER 175]AN ACT

223

April 25, 1938[S. 3400]

[Public, No. 492]

Federal ReserveAct, amendment.

Loans to executiveofficers of memberbanks.

Extension or re-newal.

49 Stat. 375, 716.12 U. S. C., Supp.

III, § 375a.

April 26, 1938[H. J. Res. 463]

[Pub. Res., No. 89]

Transportation ofpassengers by Cana-dian vessels betweendesignated ports.

Annual permits.

Penalty provisionswaived.

24 Stat. 81; 30 Stat.248.

46 U. S. C. J 289.

April 26, 1938Making appropriations for the Navy Department and the naval service for the [H. R. 8993]

fiscal year ending June 30, 1939, and for other purposes. [Public, No. 493]

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That the followingsums are appropriated, out of any money in the Treasury not other-wise appropriated, for the Navy Department and the naval servicefor the fiscal year ending June 30, 1939, namely:

NAVAL ESTABLISHMENT

OFFICE OF THE SECRETARY

MISCELLANEOUS EXPENSES

For traveling expenses of civilian employees, including not toexceed $3,800 for the expenses of attendance, at home and abroad,upon meetings of technical, professional, scientific, and other similarorganizations when, in the judgment of the Secretary of the Navy,such attendance would be of benefit in the conduct of the work ofthe Navy Department; not to exceed $2 000 for the part-time orintermittent employment in the District of Columbia or elsewhere ofsuch experts and at such rates of compensation as may be contractedfor by and in the discretion of the Secretary of the Navy; expensesof courts martial, purchase of law and reference books, expenses ofprisoners and prisons, courts of inquiry, boards of investigations,

Navy Departmentand naval service ap-propriations for fiscalyear 1939.

Naval Establish-ment.

Office of the Secre-tary.

Traveling expenses.

Experts.

Courts martial, etc.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

examining boards, clerical assistance; witnesses' fees and travelingAccident preven- expenses; not to exceed $15,000 for promoting accident prevention

tion, shore establish-ments. and safety in shore establishments of the Navy, to be expended in the

discretion of the Secretary of the Navy; newspapers and periodicalsAdvertising, for the naval service; all advertising of the Navy Department and

its bureaus (except advertising for recruits for the Bureau ofNavigation); costs of suits; relief of vessels in distress; recovery ofvaluables from shipwrecks; maintenance of attaches abroad, includ-

Livingquarters,etc. ing office rental and pay of employees, and not to exceed $12,000 in46 Stat. 818.

U. S.t'. i18sa. the aggregate or $900 for any one person for allowances for livingquarters, including heat, fuel, and light as authorized by the Actapproved June 26, 1930 (5 U. S. C. 118a); the collection and classi-

Telegrams. radito fication of information; not to exceed $200,000 for telephone, tele-graph, and teletype rentals and tolls, telegrams, radiograms, andcablegrams; postage, foreign and domestic, and post-office boxrentals; necessary expenses for interned persons and prisoners ofwar under the jurisdiction of the Navy Department, includingfuneral expenses for such interned persons or prisoners of war as

Damage claims. may die while under such jurisdiction; payment of claims for dam-ages as provided in the Act making appropriations for the naval

41 Stat. 132. service for the fiscal year 1920, approved July 11, 1919 (34 U. S. C.34 u. s. C. 0. 600); and other necessary and incidental expenses; in all, $1,290,460:

raoi . Provided, That no part of any appropriation contained in this ActRestriction on use

in certain naval dis shall be available for the expense of any naval district in whichtricts. there may be an active navy yard, naval training station, or naval

operating base, unless the commandant of the naval district shall bealso the commandant of one of such establishments: Provided fur-

Group IV (b) em- ther, That the sum to be paid out of this appropriation for employeesployees. assigned to group IV (b) and those performing similar services

carred under native and alien schedules in the Schedule of Wagesfor Civil Employees in the Field Service of the Navy Departmentshall not exceed $515,000.

CONTINGENT, NAVY

Contingent, Navy.

Lepers, etc.

Care, etc., Guamand Culon, P. I.

Naval ResearchLaboratory.

For all emergencies and extraordinary expenses, exclusive of per-sonal services, in the Navy Department or any of its subordinatebureaus or offices at Washington, District of Columbia, arising athome or abroad, but impossible to be anticipated or classified, to beexpended on the approval and authority of the Secretary of the Navy,and for such purposes as he may deem proper, and for examinationof estimates for appropriations and of naval activities in the fieldfor any branch of the naval service, $20,000, of which $2,500 shallbe available immediately.

CARE OF LEPERS, AND SO FORTH, ISLAND OF GUAM

Naval station, Island of Guam: For maintenance and care of lepers,special patients, and for other purposes, including cost of transferof lepers from Guam to the island of Culion, in the Philippines,and their maintenance, $20,000; for educational purposes, $15,000;in all, $35,000.

NAVAL RESEARCH LABORATORY

For laboratory and research work and other necessary work ofthe Naval Research Laboratory for the benefit of the naval service,including operation and maintenance of a laboratory, additions toequipment necessary properly to carry on work in hand, maintenanceof buildings and grounds, temporary employment of such scientificand technical civilian assistants as may become necessary, and sub-scriptions to technical periodicals, to be expended under the direc-

224 [52 STAT.

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52 STAT.] 75TH CONG., 3D SESS.-CH. 175-APR. 26, 1938

tion of the Secretary of the Navy, $335,000: Provided, That $50,000of this appropriation shall be available for the temporary employ-ment of civilian scientists and technicists required on specialproblems: Provided further, That the sum to be paid out of thisappropriation for employees assigned to group IV (b) and thoseperforming similar services carried under native and alien schedulesin the Schedule of Wages for Civil Employees in the Field Serviceof the Navy Department shall not exceed $125,000, in addition tothe amount authorized by the preceding proviso.

OPERATION AND CONSERVATION OF NAVAL PETROLEUM RESERVES

To enable the Secretary of the Navy to carry out the provisionscontained in the Act approved June 4, 1920 (34 U. S. C. 524),requiring him to conserve, develop, use, and operate the naval petro-leum reserves, $59,500, of which amount not to exceed $20,000 shallbe available for employees assigned to group IV (b) and thoseperforming similar services carried under native and alien schedulesin the Schedule of Wages for Civil Employees in the Field Serviceof the Navy Department: Provided, That out of any sums appro-priated for naval purposes by this Act any portion thereof, not toexceed $10,000,000, shall be available to enable the Secretary of theNavy to protect Naval Petroleum Reserve Numbered 1, establishedby Executive order of September 2, 1912, pursuant to the Act ofJune 25, 1910 (43 U. S. C. 141-143), by drilling wells and perform-ing any work incident thereto, of which amount not to exceed$100,000 shall be available for employees assigned to group IV (b)and those performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department: Provided further, That no part ofthe sum made available for the protection of this property shall beexpended if a satisfactory agreement can be made with adjoininglandowners not to drill offset wells for the purpose of producing oil.

NAVAL PRISON FARMS AND PRISON PERSONNEL

For the operation, maintenance, and improvement of naval prisonfarms and for the welfare, recreation, and education of prison per-sonnel, to be expended under such regulations as the Secretary of theNavy may prescribe, $12,000: Provided, That expenditures hereundershall not exceed the aggregate receipts covered into the Treasury inaccordance with section 4 of the Permanent Appropriation RepealAct, 1934.

BUREAU OF NAVIGATION

TRAINING, EDUCATION, AND WELFARE, NAVY

Naval War College: For maintenance and operation, includingrepairs, improvements, and care of grounds; services of a professorof international law, $2,000; services of lecturers, $2,000; and othercivilian services; library expenses, including the purchase, binding,and repair of books and periodicals and subscriptions to newspapersand periodicals- and including contingencies of the president of theNaval War College, to be expended in his discretion, not exceeding$1,000; and for other necessary expenses, $124,500;

Naval training stations: For maintenance, operation, and othernecessary expenses, including repairs, improvements, and care ofgrounds of the naval training stations which follow:

San Diego, California, $160,359;Newport, Rhode Island, $152,000;

36525 -- 38--15

225

Provisos.Temporary employ-

ment of scientists, etc.

Group IV (b) em-ployees.

Naval petroleum re-serves.

Conservation andoperation.

41 Stat. 813.34 U. S. C. § 524.

Group IV (b) em-ployees.

Provisos.Protective work on

Reserve No. 1.

36 Stat. 847.43 U. S. C. §§ 141-

143.

Group IV (b) em-ployees.

Agreement w it hadjoining landownersnot to drill offset wells.

Naval prison farmsand prison personnel.

Operation, etc.

Proviso.Limitation on ex-

penditures.48 Stat. 1227.31 U. S. 0. i 725c.

Bureau of Naviga-tion.

Training educa-tion, and welfare.

Naval War College,maintenance, etc.

Naval training sta-tions.

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PUBLIC LAWS-CH. 175-APR. 26, 1938 [52 STAT.

Fleet traini:nery, etc., pri

Instruction.

Retirementties.

49 Stat. 109:34 U. S. C

III, §§ 1073-1i

Proviso.Restriction

cial educecourses.

226

Great Lakes, Illinois, $256,500;Norfolk, Virginia, $268,500;

ng, gan- Fleet training: For trophies and badges for excellence in gunnery,target practice, communication, engineering exercises, and for econ-omy in fuel consumption, to be awarded under such rules as theSecretary of the Navy may formulate; for the purpose of recording,classifying, compiling, and publishing the rules and results; for theestablishment and maintenance of shooting galleries, target houses,targets, and ranges; for hiring established ranges, and for transport-ing equipment to and from ranges; entrance fees in matches for therifle team, and special equipment therefor, $55,690;

Instruction: For postgraduate instruction of officers in other thanannul- civil government and literature, including such amounts as may be

2. necessary to carry out the provisions of the Act approved January.upp. 16, 1936 (Public Act Numbered 417, Seventy-fourth Congress), and

for special instruction, education, and individual training of oficersand enlisted men at hoand nd abroad, including maintenance ofstudents abroad, except aviation training and submarine training

on spe otherwise appropriated for, $209,000: Provided, That no part of thisor any other approption or ion contained in this Act shall be availablefor or on account of any expense incident to giving special educa-tional courses or postgraduate instruction to officers with view toqualifying them or better qualifying them for the performance ofduties required to be performed by or in pursuance of law by officersof the Supply Corps, Construction Corps, or Corps of Civil Engi-neers, except present students and except such officers who are com-missioned in such corps or who have not been commissioned in theline of the Navy more than three years and four months prior tothe commencement of such educational courses or postgraduateinstruction;

Libraries: For libraries, professional books, textbooks, religiousbooks, periodicals, and newspaper subscriptions for ships and shorestations not otherwise appropriated for, $60,000;

recrea Welfare and recreation: For welfare and recreation of the Navy,including periodicals and newspaper subscriptions, and not exceeding$4,000 for care and operation of schools at naval stations at Guan-tanamo Bay, Guam, and Tutuila, for the children of Naval andMarine Corps commissioned, enlisted, and civilian personnel, to beexpended in the discretion of the Secretary of the Navy, under suchregulations as he may prescribe, $280,000;

g corps Naval Reserve Officers' Training Corps: For all expenses incidentto the conduct of the Naval Reserve Officers' Training Corps undersuch regulations as the President has prescribed or hereafter mayprescribe under the provisions of section 22 of the Act approved

c s82 1 ; March 4, 1925 (34 U. S. C. 821), as amended by the Act of Auguste 6, 1937 (50 Stat. 563-564), $134,434: Provided, That uniforms andequ " other equipment or material issued to the Naval Reserve Officers'

Training Corps in accordance with law may be furnished from sur-plus or reserve stocks of the Navy without payment under this appro-priation, except for actual expenses incurred in the manufacture orissue;

In all, training, education, and welfare, Navy, $1,700,983: Pro-(b) em- vided, That the sum to be paid out of this appropriation for em-

ployees assigned to group IV (b) and those performing similarservices carried under native and alien schedules in the Schedule ofWages for Civil Employees in the Field Service of the NavyDepartment, exclusive of temporary services, shall not exceed thefollowing amounts, respectively: Naval War College, $77,000; Naval

Exception.

Libraries.

Welfare andtion.

Naval Resecers' Training

43 Stat. 1Stat. 663.

34 U. S. CSupp. II, 8

Prov/o.Uniforms,

ment, etc.

Total.Proviso.Group IV

ployees.

Limitations

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52 STAT.] 75TH CONG., 3D SESS.-CH. 175-APR. 26, 193S

Training Station, San Diego, $3,050; Naval Training Station, New-port, $7,700; Naval Training Station, Great Lakes, $12,350; NavalTraining Station, Norfolk, $2,100; Instruction, $20,345; Libraries,$19,115; Welfare and Recreation, $4,000.

STATE MARINE SCHOOLS, ACT OF MARCH 4, 1911

To reimburse the State of California, $25,000; the State of Massa-chusetts, $25,000; the State of New York, $25,000; and the State ofPennsylvania, $25,000, for expenses incurred in the maintenance andsupport of marine schools in such States as provided in the Actauthorizing the establishment of marine schools, and so forth,approved March 4, 1911 (34 U. S. C. 1121), and for the maintenanceand repair of the particular vessels loaned by the United States to thesaid States on the date of the approval of this Act for use in connec-tion with such State marine schools, $90,000, and no other vesselsshall be furnished by or through the Navy Department; in all,$190,000.

INSTRUMENTS AND SUPPLIES, BUREAU OF NAVIGATION

For supplies for seamen's quarters; and for the purchase of allother articles of equipage at home and abroad; and for the paymentof labor in equipping vessels therewith and manufacture of sucharticles in the several navy yards; all pilotage and towage of shipsof war; canal tolls, wharfage, dock and port charges, and other nec-essary incidental expenses of a similar nature; hire of launches orother small boats in Asiatic waters; quarantine expenses; services andmaterials in repairing, correcting, adjusting, and testing compasseson shore and on board ship; nautical and astronomical instrumentsand repairs to same; compasses; compass fittings including binnacles,tripods, and other appendages of ship's compasses; logs and otherappliances for measuring the ship's way and leads and other appli-ances for sounding; photographs, photographic instruments and ma-terials, printing outfit and materials; music and musical instruments;commissions, warrants, diplomas, discharges, good-conduct badgesand medals for men and boys; transportation of effects of deceasedofficers, nurses, and enlisted men of the Navy, and of officers and menof the Naval Reserve who die while on duty; not to exceed $5,000 forcontingent expenses and emergencies arising under cognizance of theBureau of Navigation, unforeseen and impossible to classify; andfor the necessary civilian electricians for gyrocompass testing andinspection, $700,000: Provided, That the sum to be paid out of thisappropriation for employees assigned to group IV (b) and thoseperforming similar services carried under native and alien schedulesin the Schedule of Wages for Civil Employees in the Field Serviceof the Navy Department shall not exceed $38,000.

OCEAN AND LAKE SURVEYS, BUREAU OF NAVIGATION

For hydrographic surveys, including the pay of the necessaryhydrographic surveyors, cartographic draftsmen, and recorders, andfor the purchase of nautical books, charts, and sailing directions,$80,000: Provided, That the sum to be paid out of this appropriationfor employees assigned to group IV (b) and those performing simi-lar services carried under native and alien schedules in the Scheduleof Wages for Civil Employees in the Field Service of the NavyDepartment shall not exceed $34,000.

227

State MarineSchools.

Reimbursement ofdesignated States forexpenses.

36 Stat. 1353.34 U. . C. . 1121.Maintenance, etc..

of vessels loaned.

Instruments andsupplies.

Proviso.Group IV (b) em-

ployees.

Ocean and lake sur-veys.

Proviso.Group IV (b) em-

ployees.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

Naval Reserve. NAVAL RESERVE

Organizing, recruit- For expenses of organizing, administering, and recruiting theMlitia." Naval Reserve and Naval Militia, including the designing, purchas-

ing, and engraving of trophies; pay and allowances of officers andenlisted men of the Naval Reserve when employed on authorizedtraining duty; mileage for officers while traveling under orders toand from training duty; transportation of enlisted men to and fromtraining duty, with or without pay, and subsistence and transfersen route, or cash in lieu thereof; subsistence of enlisted men during

Fleet Navab Re- the actual period of training duty, with or without pay; subsistenceserve, sistence. of officers of the Fleet Naval Reserve while performing authorized

ay, mileage, etc. training or other duty without pay; pay, mileage, and allowancesof officers of the Naval Reserve and pay, allowances, subsistence, andtransportation with subsistence and transfers en route, or cash inlieu thereof of enlisted men of the Naval Reserve when ordered toactive duty in connection with the instruction, training, and drillingof the Naval Reserve; pay and allowances, including travel andother allowances as authorized by law (excluding clothing andsmall-stores issues and uniform gratuities), of aviation cadets of theNaval Reserve when ordered to active duty including active dutyundergoing training; pay of officers and enlisted men of the FleetNaval Reserve for the performance of not to exceed forty-eightdrills per annum or other equivalent instruction or duty, or appro-priate duties, and administrative duties, exclusive, however, of pay,

Flight training allowances, or other expenses on account of members of any class of theNaval Reserve incident to their being given flight training unless, as acondition precedent, they shall have been found by such agency asthe Secretary of the Navy may designate physically and psychologi-cally qualified to serve as pilots of naval aircraft, $8,790,320, and,

Sum reappropri in addition, $371,000 of the appropriation "Organizing the Naval50Stat. 100. Reserve, 1938," such amount of such appropriation being hereby

reappropriated, and of the total of such amounts not more thanArmories, wharfage, $150,000 shall be available for maintenance and rental of armories,Group IV (b) em- including pay of necessary janitors, and for wharfage; not more than

ployees. $81,000 shall be available for employees assigned to group IV (b)and those performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the Field

hangars, etc. Service of the Navy Department; not less than $3,063,032 shall beavailable, in addition to other appropriations, for aviation material,equipment, fuel, and rental of hangars, and not more than $397,914shall be available, in addition to other appropriations, for fuel andthe transportation thereof, and for all other expenses in connec-tion with the maintenance, operation, repair, and upkeep of vesselsassigned for training the Naval Reserve, and of such total sum$6,455,265 shall be available exclusively for and on account of Naval

esere , officers per- and Marine Corps Reserve aviation: Provided, That, except in timeforming activeduty. of war or during the existence of a national emergency declared

by the President, no appropriation contained in this Act shall beavailable to pay more than twenty officers of the Naval Reserveand one officer of the Marine Corps Reserve above the grade oflieutenant or captain, respectively, the pay and allowances of theirgrade for the performance of active duty other than the perform-ance of drills or other equivalent instruction or duty, or appro-priate duties and the performance of fifteen days' active training

Limitation. duty, and other officers above such grades employed on such classof active duty (not to exceed four months in any calendar year)shall not be entitled to be paid a greater rate of pay and allowances

228 [52 STAT.

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52 STAT.] 75TH CONG., 3D SESS.-CH. 175-APR. 26, 1938

than authorized by law for a lieutenant of the Navy or a captain ofthe Marine Corps entitled to not exceeding ten years' longevity pay:Provided further, That no appropriation made in this Act shall beavailable for pay, allowances, or traveling or other expenses of anyofficer or enlisted man of the Naval or Marine Corps Reserve whomay be drawing a pension, disability allowance, disability com-pensation, or retired pay from the Government of the United States;and "retired pay" as here used shall not include the pay of trans-ferred members of such reserve forces.

NAVAL ACADEMY

Pay, Naval Academy: For pay of professors and instructors,including one professor as librarian, and such amounts as may benecessary to carry out the provisions of the Act approved January16, 1936 (49 Stat., pp. 1092, 1093) $292,966: Provided, That thisappropriation shall not be available for the employment of more thannine masters and instructors in swordsmanship and physical training.

For pay of other employees, $611,600: Provided, That the sum tobe paid out of this appropriation for employees assigned to group IV(b) and those performing similar services carried under native andalien schedules, in the Schedule of Wages for Civil Employees in theField Service of the Navy Department, shall not exceed $257,677.

Current and miscellaneous expenses, Naval Academy: For text andreference books for use of instructors; stationery, blank books andforms, models, maps, newspapers, and periodicals; apparatus andmaterials for instruction in physical training and athletics; expensesof lectures and entertainments, not exceeding $3,000, including payand expenses of lecturers and visiting clergymen; chemicals, philo-sophical apparatus and instruments, stores, machinery, tools, fittings,apparatus, materials for instruction purposes, and purchase of andengraving of trophies and badges, $50,600; for purchase, binding, andrepair of books for the library (to be purchased in the open marketon the written order of the superintendent), $5,500; for expenses ofthe Board of Visitors to the Naval Academy, $1,200; for contingen-cies for the Superintendent of the Academy, to be expended in hisdiscretion, not exceeding $4,000; for contingencies for the comman-dant of midshipmen, to be expended in his discretion, not exceeding$1,200; in all, $62,500, to be accounted for as one fund.

Maintenance and repairs, Naval Academy: For necessary repairsof public buildings, wharves, and walls enclosing the grounds of theNaval Academy, accident prevention, improvements, repairs, and fix-tures; for books, periodicals, maps, models, and drawings; purchaseand repair of fire engines; fire apparatus and plants, machinery;purchase and maintenance of all horses and horse-drawn vehicles foruse at the academy, including the maintenance, operation, and repairof three horse-drawn passenger-carrying vehicles to be used only forofficial purposes; seeds and plants; tools and repairs of the same;stationery; furniture for Government buildings and offices at the acad-emy, including furniture for midshipmen's rooms; coal and otherfuels; candles, oil, and gas; attendance on light and power plants;cleaning and clearing up station and care of buildings; attendanceon fires, lights, fire engines, fire apparatus, and plants, and telephone,telegraph, and clock systems; incidental labor, advertising, water tax,postage, telephones, telegrams, tolls, and ferriage; flags and awnings;packing boxes; pay of inspectors and draftsmen; and music andastronomical instruments, $1,062,566, of which $2,000 shall be avail-able exclusively on account of the collection of ship models bequeathed

229

Pay, allowances,etc., restrictions.

Naval Academy.

Pay of professors,etc.

Annuities.49 Stat. 1092.34 U. S. C., Supp.

III, §§ 1073-1073e.Proviso.Swordsmanship

etc., instruction.

Other employees.Proviso.Group IV (b) em-

ployees.

Current, etc., ex-penses.

Lectures, etc.

Books; purchase, re-pair, etc.

Board of Visitors.

Maintenance andrepairs.

Horses, vehiles,etc

Furniture.

Ship models.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

Proviso.Group IV (b) em-

ployees.

Additional well,con-struction.

Naval Home, Phila-delphia, Pa.

by the late Henry H. Rogers: Provided, That the sum to be paid outof this appropriation for employees assigned to group IV (b) andthose performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department shall not exceed $26,180; and$14,000 shall be immediately available for the construction of anadditional well at the Naval Academy.

NAVAL HOME, PHILADELPHIA, PENNSYLVANIA

Employees. For pay of employees, $100,120: Provided, That the sum to be paidPro'iso.Group Iv (b) em- out of this appropriation for employees assigned to group IV (b) and

ployees. those performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department shall not exceed $13,800;

Maintenance. Maintenance: For water rent, heating, and lighting; cemetery,burial expenses, and headstones; general care and improvements ofgrounds, buildings, walls, and fences; repairs to power-plant equip-ment, implements, tools, and furniture, and purchase of the same;music in chapel and entertainment for beneficiaries; stationery, books,and periodicals; transportation of indigent and destitute beneficiariesto the Naval Home, and of sick and insane beneficiaries, their attend-ants and necessary subsistence for both, to and from other Govern-

Employment of ment hospitals; employment of such beneficiaries in and about theNaval Home as may be authorized by the Secretary of the Navy, onthe recommendation of the governor; support of beneficiaries andall other contingent expenses, including the maintenance, repair, andoperation of two motor-propelled vehicles, and one motor-propelledpassenger-carrying vehicle to be used only for official purposes,$99,880;

Total. In all, Naval Home, $200,000.

Bureau of Engineer-ing.

Repairs, preserva-tion otmachinery, etc.

'ost, p. 1140.

Exceptions.

Equipage, supplies,etc.

Field force.

Annapolis. Md., en-gineering experimentstation.

BUREAU OF ENGINEERING

ENGINEERING

For repairs, preservation, and renewal of machinery, auxiliarymachinery, and boilers of naval vessels, yard craft, and ships' boats,distilling and refrigerating apparatus; repairs, preservation, andrenewals of electric interior and exterior signal communications andall electrical appliances of whatsoever nature on board naval vessels,except range finders, battle order and range transmitters and indica-tors and motors and their controlling apparatus used to operatemachinery belonging to other bureaus; searchlights and fire-controlequipments for antiaircraft defense at shore stations; maintenanceand operation of coast signal service; equipage, supplies, and mate-rials under the cognizance of the Bureau required for the maintenanceand operation of naval vessels, yard craft, and ships' boats; pur-chase, installation, repair, and preservation of machinery, tools, andappliances in navy yards and stations, accident prevention, pay ofclassified field force under the Bureau; incidental expenses for navalvessels, navy yards, and stations, inspectors' offices, the engineeringexperiment station, such as photographing, technical books and peri-odicals, stationery, and instruments; services, instruments, machinesand auxiliaries, apparatus and supplies, and technical books andperiodicals necessary to carry on experimental and research work;maintenance and equipment of buildings and grounds at the engi-neering experiment station, Annapolis, Maryland; payment of parttime or intermittent employment in the District of Columbia or else-where of such scientists and technicists as may be contracted for by

230 [52 STAT.

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the Secretary of the Navy, in his discretion, at a rate of pay notexceeding $20 per diem for any persons so employed; in all,$24,637,000, and, in addition, $500,000 of the appropriation "Engineer-ing, Bureau of Engineering, 1938," such amount of such appropria-tion being hereby reappropriated, and of the total of such amounts$400,000 shall be available immediately: Provided, That the sum to bepaid out of this appropriation for employees assigned to group IV(b) and those performing similar services carried under native andalien schedules in the Schedule of Wages for Civil Employees in theField Service of the Navy Department shall not exceed $1,960,000.

BUREAU OF CONSTRUCTION AND REPAIR

For designing naval vessels, including services, instruments, appa-ratus, and materials necessary for experimental and research work;payment of part-time or intermittent employment in the District ofColumbia, or elsewhere, of such scientists and technicists as may becontracted for by the Secretary of the Navy, in his discretion, at arate of pay not exceeding $20 per diem for any person so employed;maintenance, repairs, and alterations of vessels; care and preserva-tion of vessels out of commission; docking of vessels; salvage andsalvage services for naval floating property; construction and repairof district and yard craft; purchase and manufacture of equipage,appliances, supplies, and materials at home and abroad as requiredfor the maintenance, repair, alteration, and operation of naval vesselsand district and yard craft; carrying on work of the experimentalmodel basin and wind tunnel; tools and appliances for all purposesin navy yards and naval stations; labor in navy yards and navalstations and elsewhere at home and abroad; accident prevention; payof classified field force, including employees in material inspection andsuperintending constructors' offices; incidental expenses at navy yardsand naval stations and in material inspection and superintending con-structors' offices such as photographing, technical and professionalbooks and magazines, plans, stationery, drafting instruments, andother materials, $21,544,590: Provided, That the sum to be paid outof this appropriation for employees assigned to group IV (b) andthose performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department shall not exceed $1,890,000.

BUREAU OF ORDNANCE

ORDNANCE AND ORDNANCE STORES, BUREAU OF ORDNANCE

For procuring, producing, preserving, and handling ordnance mate-rial for the armament of ships; for the purchase and manufacture oftorpedoes and appliances; for the purchase and manufacture ofsmokeless powder; for fuel, material, and labor to be used in thegeneral work under the cognizance of the Bureau of Ordnance; forfurniture at naval ammunition depots, torpedo stations, naval ord-nance plants, and proving grounds; for technical books; plant appli-ances as now defined by the "Navy Classification of Accounts"; formachinery and machine tools; for accident prevention; for experi-mental work in connection with the development of ordnance mate-rial for the Navy; for maintenance of proving grounds, powder fac-tory, torpedo stations, gun factory, ammunition depots, and navalordnance plants, and for target practice; not to exceed $15,000 forminor improvements to buildings, grounds, and appurtenances of acharacter which can be performed by regular station labor; for pay-ment of part-time or intermittent employment in the District of

231

Amount reappropri-ated.

50 Stat. 102.

Proviso.Group IV (b) em-

ployees.

Bureau of Construc-tion and Repair.

Designing of navalvessels, etc.

Post, p. 1140.

Maintenance, etc.,of vessels.

Equipage, supplies,etc.

Field force.

Proviso.Group IV (b) em-

ployees, etc.

Bureau of Ordnance.

Ordnance and ord-nance stores.

Procuring, preserv-ing, etc.

Fuel, material, andlabor.

Experimental work.

Scientists, etc.

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Columbia, or elsewhere, of such scientists and technicists as may becontracted for by the Secretary of the Navy in his discretion at arate of pay not exceeding $20 per diem for any person so employed;

Vehicles for the maintenance, repair, and operation of horse-drawn and motor-propelled freight and passenger-carrying vehicles, to be used only forofficial purposes at naval ammunition depots, naval proving grounds,naval ordnance plants, and naval torpedo stations; for the pay ofchemists, clerical, drafting, inspection, and messenger service in navyyards, naval stations, naval ordnance plants, and naval ammunition

Schools at desig- depots, and for care and operation of schools at ordnance stationsated stations. at Indianhead, Maryland; Dahlgren, Virginia; and South Charleston,

pro ( o. West Virginia, $26,849,600: Provided, That the sum to be paid outployees. f this appropriation for employees assigned to group IV (b) and

those performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department shall not exceed $1,380,000.

Bureau of Supplies BUREAU OF SUPPLIES AND ACCOUNTSand Accounts.

PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL

Pay of naval per- Pay of naval personnel: For pay and allowances prescribed byson

e l. law of officers on sea duty and other duty, and officers on waiting

Aerial flights, in- orders, pay-$35,45 7,6 4 9, including not to exceed $1,716,318 forcreased pay; restric- o i ltion. increased pay for making aerial flights, no part of which shall be

available for increased pay for making aerial flights by any officerabove the rank of captain, except not more than one officer of therank of rear admiral, nor by nonflying officers or observers at arate in excess of $1,440 per annum, which shall be the legal maximum

Rent and subsist- rate as to such nonflying officers or observers; rental allowance,e n c e

. $7,433,907; subsistence allowance, $4,476,922; in all, $47,368,478;Retire ofuficers, officers on the retired list, $9,414,000; for hire of quarters for officers

ire quarers. serving with troops where there are no public quarters belonging tothe Government, and where there are not sufficient quarters possessedby the United States to accommodate them, and hire of quarters forofficers and enlisted men on sea duty at such times as they may bedeprived of their quarters on board ship due to repairs or other con-

Enlisted men on re- ditions which may render them uninhabitable, $6,525; pay of enlistedire ls. men on the retired list, $8,599,950; interest on deposits by men,

$3,000; pay of petty officers (not to exceed an average of eightthousand six hundred and twenty-three chief petty officers, of wlilchnumber those with a permanent appointment as chief petty officershall not exceed an average of seven thousand five hundred and thirty-two), seamen, landsmen, and apprentice seamen, including men inthe engineer's force and men detailed for duty with the Bureau ofFisheries, enlisted men, men in trade schools, pay of enlisted men

Prizes, etc. of the Hospital Corps, extra pay for men for diving, and cash prizes(not to exceed $107,785) for men for excellence in gunnery, targetpractice, communication, and engineering competitions, $92,927,315;

outtsc outfitsclothinetc. tfit for all enlisted men and apprentice seamen of the Navy onfirst enlistment, civilian clothing not to exceed $15 per man to mengiven discharges for bad conduct or undesirability or inaptitude,

Reimbursement for reimbursement in kind of clothing to persons in the Navy for losses incases of marine or aircraft disasters or in the operation of water- or

Nurse Corps. air-borne craft, and the authorized issue of clothing and equipmentto the members of the Nurse Corps, $1,939,355; pay of enlisted menundergoing sentence of court martial, $35,445, and as many machinistsas the President may from time to time deem necessary to appoint;pay and allowances of the Nurse Corps, including assistant super-

232 PUBLIC LAWS-CH. 175-APR. 26, 1938 [52 STAT.

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52 STAT.] 75-r CONG., 8D SESS.-CH. 175-APR. 26, 1938

intendents, directors, and assistant directors-pay, $560,020; rentalallowance, $24,000; subsistence allowance, $23,871; pay retired list,$271,976; in all, $879,867; rent of quarters for members of the NurseCorps; pay and allowances of transferred and assigned men of theFleet Naval Reserve, $15,507,347; reimbursement for losses of prop-erty as provided in the Act approved October 6, 1917 (34 U. S. C.981, 982), as amended by the Act of March 3, 1927 (34 U. S. C. 983),$10,000; payment of six months' death gratuity, $150,000; in all,$176,841,282; and no part of such sum shall be available to pay active-duty pay and allowances to officers in excess of nine on the retiredlist, except retired officers temporarily ordered to active duty as mem-bers of retiring and selection boards as authorized by law: Provided,That, except for the public quarters occupied by the Chief of Officeof Naval Operations, the Superintendent of the Naval Academy, andthe Commandant of the Marine Corps, and messes temporarily set upon shore for officers attached to seagoing vessels, to aviation unitsbased on seagoing vessels including officers' messes at the fleet airbases, and to landing forces and expeditions, and in addition not toexceed forty in number at such places as shall be designated by theSecretary of the Navy, no appropriation contained in this Act shallbe available for the pay, allowances, or other expenses of any enlistedman or civil employee performing service in the residence or quartersof an officer or officers on shore as a cook, waiter, or other work of acharacter performed by a household servant, but nothing herein shallbe construed as preventing the voluntary employment in any suchcapacity of a retired enlisted man or a transferred member of theFleet Naval Reserve without additional expense to the Government,nor the sale of meals to officers by general messes on shore as regu-lated by detailed instructions from the Navy Department;

Subsistence of naval personnel: For provisions and commutedrations for enlisted men of the Navy, which commuted rations maybe paid to caterers of messes in case of death or desertion, upon ordersof the commanding officers, at 50 cents per diem, and midshipmenat 75 cents per diem, and commuted rations stopped on account ofsick in hospital and credited at the rate of 70 cents per ration tothe naval hospital fund; subsistence of men unavoidably detainedor absent from vessels to which attached under orders (during whichsubsistence rations to be stopped on board ship and no credit forcommutation therefor to be given); quarters and subsistence of menon detached duty; subsistence of members of the Naval Reserveduring period of active service; subsistence in kind at hospitals andon board ship in lieu of subsistence allowance of female nurses andNavy and Marine Corps general courts-martial prisoners undergoingimprisonment with sentences of dishonorable discharge from theservice at the expiration of such confinement; in all, $21,557,059;

Transportation and recruiting of naval personnel: For mileageand actual and necessary expenses and per diem in lieu of subsistenceas authorized by law to officers of the Navy while traveling underorders, including the cost of a compartment or such other accom-modations, as may be authorized by the Secretary of the Navy, forsecurity when secret documents are transported by officer messenger,and including not to exceed $5,000 for the expenses of attendance,at home and abroad, upon meetings of technical, professional, scien-tific, and other similar organizations, when, in the judgment of theSecretary of the Navy, such attendance would be of benefit in theconduct of the work of the Navy Department; for mileage, at 5 centsper mile, to midshipmen entering the Naval Academy while proceed-ing from their homes to the Naval Academy for examination and

233

Fleet Naval Re-serve.

Property losses.40 Stat. 389; 44 Stat.

1368.34 U. S. C. §§981-

983.

Active duty pay,etc., to retired officers;restriction.

Proviso.Enlisted men ashore

as household servants.

Voluntary, etc.,services.

Sale of meals to offi-cers.

Subsistence of navalpersonnel.

Unavoidable ab-sences.

Detached duty.

Naval Reserve.

Transportation andrecruiting.

Attendance at meet-ings.

Midshipmen, etc.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

Enlisted men, etc.

Apprehension of de-serters, etc.

Recruiting.

Transportation ofdependents.

Funeral escorts.

Sumreappropriated.50 Stat. 106.

Amount immedi-ately available.

Accounting.

Provisos.Additional medical

detail, Veterans' Ad-ministration patientsin naval hospitals.

Restrictions on ad-missions to NavalAcademy after Janu-ary 30, 1938.

Appointments atlarge, from enlistedmen, etc.

Sea service require-ments of appointeesfrom enlisted men.

appointment as midshipmen, and not more than $2,500 shall beavailable for transportation of midshipmen, including reimbursementof traveling expenses while traveling under orders, after appointmentas midshipmen; for actual traveling expenses of female nurses; fortravel allowance or for transportation and subsistence as authorizedby law of enlisted men upon discharge; transportation of enlistedmen and apprentice seamen and applicants for enlistment at homeand abroad, with subsistence and transfers en route, or cash in lieuthereof; transportation to their home, if residents of the UnitedStates, of enlisted men and apprentice seamen discharged on medicalsurvey, with subsistence and transfers en route, or cash m lieu thereof;transportation of sick or insane enlisted men and apprentice seamenand insane supernumerary patients to hospitals, with subsistence andtransfers en route, or cash in lieu thereof; apprehension and deliveryof deserters and stragglers, and for railway, steamship, and airwayguides and other expenses incident to transportation; expenses ofrecruiting for the naval service; rent of rendezvous and expenses ofmaintaining the same; advertising for and obtaining men andapprentice seamen; actual and necessary expenses in lieu of mileageto officers on duty with traveling recruiting parties; transportationof dependents of officers and enlisted men, $992,486; expenses offuneral escorts of naval personnel; actual expenses of officers andmidshipmen while on shore-patrol duty, including the hire of auto-mobiles when necessary for the use of shore-patrol detachment; inall, $5,642,411;

In all, for pay, subsistence, and transportation of naval personnel,including members of the Naval Reserve when called to active duty intime of war or during the existence of a national emergency declaredby the President, $200,940,752, plus $3,100,000 of the appropriation"Pay, subsistence, and transportation, Navy, 1938", such amount ofsuch appropriation being hereby reappropriated, and of the total ofsuch amounts $1,000,000 shall be available immediately, and themoney herein specifically appropriated for "Pay, subsistence, andtransportation of naval personnel" shall be disbursed and accountedfor in accordance with existing law and shall constitute one fund:Provided, That additional commissioned, warranted, appointed,enlisted, and civilian personnel of the Medical Department of theNavy, required for the care of patients of the United States Vet-erans' Administration in naval hospitals, may be employed in addi-tion to the numbers appropriated for in this Act: Provided furtherThat no part of this appropriation shall be available for the pay ofany midshipmen whose admission subsequent to January 30, 1938,would result in exceeding at any time an allowance of four midship-men for each Senator, Representative, and Delegate in Congress; ofone midshipman for Puerto Rico, a native of the island, appointedon nomination of the Governor, and of four midshipmen from PuertoRico appointed on nomination of the Resident Commissioner; and offour midshipmen from the District of Columbia: Provided further,That nothing herein shall be construed to repeal or modify in anyway existing laws relative to the appointment of midshipmen atlarge, from the enlisted personnel of the naval service, from theNaval Reserve, from honor graduates of military schools or NavalReserve Officers' Training Corps: Provided further, That no partof this appropriation shall be available for the pay of any mid-shipman appointed from enlisted men of the Navy for admission tothe Naval Academy in the class entering in the calendar year 1939who has not served aboard a vessel of the Navy in full commissionfor at least nine months prior to such admission.

234 [52 STAT.

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52 STAT.] 75TH CONG., 3D SESS.-CH. 175-APR. 26, 1938

MAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS

For equipage, supplies, and services under the cognizance of theBureau of Supplies and Accounts, including stationery for com-manding, executive, communication, and navigating officers of ships,boards and courts on ships, and chaplains; commissions, interest, andexchange; ferriage and bridge tolls, including streetcar fares; rentof buildings and offices not in navy yards except for use of navalattaches and recruiting officers; accident prevention; services ofcivilian employees under the cognizance of the Bureau of Suppliesand Accounts; freight, express, and parcel-post charges, includingtransportation of funds and cost of insurance on shipments of moneywhen necessary; for transportation on Government-owned vessels,notwithstanding the provisions of other law, of privately owned auto-mobiles of Regular Navy and Marine Corps personnel upon changeof station, and ice for cooling drinking water on shore (except atnaval hospitals and shops at industrial navy yards), pertaining tothe Navy Department and Naval Establishment, $10,018,128, of whichamount $500,000 shall be available immediately: Provided, That nopart of this or any other appropriation contained in this Act shallbe available for or on account of the supply or replacement of tablelinen, dishes, glassware, silver, and kitchen utensils for use in the resi-dences or quarters of officers on shore, except for messes temporarilyset up on shore for officers attached to seagoing vessels, to aviationunits based on seagoing vessels, to the fleet air bases, or to landingforces and expeditions: Provided further, That the sum to be paidout of this appropriation for employees assigned to group IV (b)and those performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department shall not exceed $4,700,000: Providedfurther, That, without deposit to the credit of the Treasurer of theUnited States and withdrawal on money requisitions, receipts of publicmoneys from sales or other sources by officers of the Navy and MarineCorps on disbursing duty and charged in their official accounts maybe used by them as required for current expenditures, all necessarybookkeeping adjustments of appropriations, funds, and accounts tobe made in the settlement of their disbursing accounts.

CLOTHING, NAVAL RESERVE

The clothing and small-stores fund shall be charged with the valueof all issues of clothing and small stores made to aviation cadetsand enlisted men of the Naval Reserve and the uniform gratuity paidto officers and aviation cadets of the Naval Reserve.

NAVAL SUPPLY ACCOUNT FUND

To increase the Naval Supply Account Fund established by theAct approved March 1, 1921 (31 U. S. C. 644), an amount not toexceed such sum or sums as may be deposited from time to time in theTreasury during the fiscal year ending June 30, 1939, to the creditof "Miscellaneous receipts", realized from the sale of old materialcondemned stores, supplies, or other surplus public property ofany kind belonging to the Navy Department and not otherwisereappropriated.

STRATEGIC AND CRITICAL MATERIALS

For the procurement and transportation of strategic and criticalmaterials, $500,000, to remain available until expended: Provided,That materials acquired hereunder shall not be issued for current

235

Maintenance.

Provisos.Supply or replace-

ment of kitchen, etc.,ware for officers' quar-ters ashore forbidden.

Group IV (b) em-ployees.

Use of certain re-ceipts for current ex-penditres; account-ing.

Clothing and smallstores, Naval Reserve.

Naval Supply Ao-count Fund.

41 Stat. 1169.31 U. S. C. 644.

Strategic and criti-cal materials.

Procurement andtransportation.

Proiso/.Use restricted.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

Determination of.

Fuel and transpor-tation.

Prvaisos.Issue to be charged

to applicable appro-priation.

Useoffuelon hand.

Bureau of Medicineand Surgery.

use in time of peace without the approval of the Secretary of theNavy, except that materials acquired under this title may be issued forcurrent use when replaced by materials purchased from currentappropriations: Provided further, That for the purposes of this para-graph, the Secretary of the Navy shall determine what materials arestrategic and critical.

FUEL AND TRANSPORTATION, BUREAU OF SUPPLIES AND ACCOUNTS

For coal and other fuel for submarine bases and steamers' andships' use, including expenses of transportation, storage, and handlingthe same and the removal of fuel refuse from ships; maintenanceand general operation of machinery of naval fuel depots and fuelplants; water for all purposes on board naval vessels, and ice forthe cooling of water, including the expense of transportation andstorage of both, $10,058,470: Provided, That fuel acquired other thanby purchase shall not be issued without charging the applicableappropriation with the cost of such fuel at the rate current at thetime of issue for fuel purchased: Provided further, That the Presi-dent may direct the use, wholly or in part, of fuel on hand, howeveracquired, to be charged at the last issue rate for fuel acquired bypurchase, when, in his judgment, prices quoted for supplying fuelare excessive.

BUREAU OF MEDICINE AND SURGERY

MEDICAL DEPARTMENT

Surgeons' necessar- For surgeons' necessaries for vessels in commission, navy yards,'Civilestablishment. naval stations, and Marine Corps; and for the civil establishment at

the several naval hospitals, navy yards, naval medical supply depots,Naval Medical Center, Naval Medical School and Naval Dispensary,Washington, and Naval Academy; for tolls and ferriages; purchase ofbooks and stationery; hygienic and sanitary investigation and illus-tration; sanitary, hygienic, administrative, and special instruction,including the issuing of naval medical bulletins and supplements;

Vehicles, etc. purchase and repairs of non-passenger-carrying wagons, automobileambulances, and harness; purchase of and feed for horses and cows;maintenance, repair, and operation of three passenger-carrying motorvehicles for Naval Dispensary, Washington District of Columbia,and of one motor-propelled vehicle for official use only for the medi-cal officer on out-patient medical service at the Naval Academy;

Naval Medical Cen- trees, plants, care of grounds, garden tools, and seeds; incidentalter, etc. articles for the Naval Medical Center, Naval Medical School and

Naval Dispensary Washington, naval medical supply depots, sickquarters at Naval Academy and marine barracks; washing for medicaldepartment at Naval Medical Center, Naval Medical School, andNaval Dispensary, Washington, naval medical supply depots, sickquarters at Naval Academy and marine barracks, dispensaries atnavy yards and naval stations, and ships; and for minor repairs onbuildings and grounds of the Naval Medical School and naval medi-

Care ec.. of insane cal supply depots; for the care, maintenance, and treatment of thecc coas insane of the Navy and Marine Corps on the Pacific coast, including

supernumeraries held for transfer to Saint Elizabeths Hospital; fordental outfits and dental material; and all other necessary contingent

PrIv () . m expenses; in all, $2,480,000: Provided, That the sum to be paid out(roup IV (b) em- i P t b i o

ployees. of this appropriation for employees assigned to group IV (b) andthose performing similar services carried under native and alienschedules in the Schedule of Wages for Civil Employees in the FieldService of the Navy Department shall not exceed $135,000.

236 [52 STAT.

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52 STAT.] 75TH CONG., 3D SESS.-CH. 175-APR. 26, 1938

CARE OF THE DEAD

For the care of the dead; for funeral expenses and interment ortransportation to their homes or to designated cemeteries of theremains of officers and enlisted men of the Navy and Marine Corps,of members of the Nurse Corps, reservists on active or training duty,and accepted applicants for enlistment, civilian employees of theNavy Department and Naval Establishment who die outside of thecontinental limits of the United States, and former enlisted menwho are discharged while in naval hospitals and are inmates of saidhospitals on the date of their death; for funeral expenses and inter-ment of the remains of pensioners and destitute patients who diein naval hospitals; for purchase and care of cemetery lots; for careof graves outside of the continental limits of the United States,including those in sites not owned by the United States; for removalof remains from abandoned cemeteries to naval or national ceme-teries, or to their homes, including remains interred in isolated gravesat home and abroad, and remains temporarily interred, $70,000:Provided, That the above provision shall apply in the case of officersand enlisted men of the Navy and Marine Corps on the retired listwho die while on active duty.

BUREAU OF YARDS AND DOCKS

MAINTENANCE, BUREAU OF YARDS AND DOCKS

For the labor, materials, and supplies necessary, as determined bythe Secretary of the Navy, for the general maintenance of the activi-ties and properties now or hereafter under the cognizance of theBureau of Yards and Docks, including accident prevention, andincluding such sum as may be necessary incident to the utilizationof the Naval Station, New Orleans, Louisiana, for vessels to be placedand maintained in a decommissioned status; the purchase, mainte-nance, repair, and operation of passenger-carrying vehicles for theNavy Department (not to exceed ten in number) and the NavalEstablishment not otherwise provided for; not to exceed $1,550,000for employees assigned to group IV (b) and those performing simi-lar services carried under native and alien schedules in the Scheduleof Wages for Civil Employees in the Field Service of the NavyDepartment, and part-time or intermittent employment in the Dis-trict of Columbia, or elsewhere, of such engineers and architects asmay be contracted for by the Secretary of the Navy, in his discre-tion at a rate of pay not exceeding $25 per diem for any person soemployed, $8,230,000: Provided, That during the fiscal year 1939 themotor-propelled passenger-carrying vehicles to be purchased here-under shall not exceed the following respective numbers and costs:Eleven at $1,600 each, thirty-six at $600 each, one motorbus at$4,500, and motortruck chasses with station-wagon-type bodies asrequired: Provided further, That expenditures from appropriationscontained in this Act for the maintenance, operation, and repair ofmotor-propelled passenger-carrying vehicles, including the compen-sation of civilian chauffeurs and the compensation of any greaternumber than ninety enlisted men detailed to such duty, shall notexceed in the aggregate $100,000, exclusive of such vehicles ownedand operated by the Marine Corps in connection with expeditionaryduty without the continental limits of the United States, motor-busses, station-wagon motortrucks, and motorcycles, and on any onevehicle, except busses and ambulances, shall not exceed for mainte-nance, upkeep, and repair, exclusive of garage rent, pay of opera-

237

Care of the dead.

Interment and trans-portation expenses.

Civilian employeesdying abroad.

Proviso.Retired officers,

etc., on active duty.

Bureau of Yardsand Docks.

General mainte-nance, etc.

New Orleans, La.,naval station, utiliza-tion.

Vehicles.

Group IV (b) em-ployees.

Provisos.Limitation on ve-

bicle purchases.

Maintenance, eper-ation, repair, etc.

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Contingent expen-ses.

Public works, etc.

Provim.Personal services.

Construction of au-thorized projects.

Boston, Mass.,navy yard.

Mare Island, Calif.,navy yard.

Fourteenth NavalDistrict, dredging,etc.

Balboa, C. Z., navalstation.

Annapolis, Md., ra-dio station.

Ooco Solo, C.Z.,submarine base.

Iona Island, N. Y.,ammunition depot.

Fort Mifflin, Pa.,ammunition depot.

Norfolk, Va., airstation.

Pensacola, Fla., airstation.

Coco Solo, C.Z.,fleet air base.

Alameda, Calif., airstation.

49 Stat. 1001.

Washington, D. C.,medical center; siteand construction.

tors, tires, fuel, and lubricants, one-third of the market price of anew vehicle of the same make or class, and in any case not morethan $400.

CONTINGENT, BUREAU OF YARDS AND DOCKS

For contingent expenses and minor extensions and improvementsof public works at navy yards and stations, $140,000.

PUBLIC WORKS, BUREAU OF YARDS AND DOCKS

For public works and public utilities, Bureau of Yards and Docks,$11,129,000, which, together with the unexpended balances of appro-priations heretofore made under this head, shall be disbursed andaccounted for in accordance with existing law and shall constitute onefund: Provided, That not to exceed 21/2 per centum of the aggregateamount available on July 1, 1938, shall be available for the employ-ment of classified personal services in the Bureau of Yards andDocks and in the field service to be engaged upon such work and tobe in addition to employees otherwise provided for: Provided fur-ther, That the Secretary of the Navy is authorized to commence,continue, or complete the construction of, or make provision for, bycontract or otherwise, projects heretofore authorized and appropriatedfor under this head, and, in addition, the following-named publicworks and public utilities projects at a limit of cost not to exceedthe amount stated for each project enumerated, respectively:

Navy Yard, Boston, Massachusetts: Extension of structural shop,including accessories, service connections, and moving shop tools,$731,500;

Navy Yard, Mare Island, California: Storehouse and accessories,$800,000;

Fourteenth Naval District: Dredging of channels and improvementof harbors, $1,500,000; mooring facilities and accessories, $325,000;power-plant building and accessories, $500,000; power-plant equip-ment and extension of distributing systems, $2,250,000;

Naval Station, Balboa, Canal Zone: Quarters for officers at not toexceed $10,000 per unit, $40,000;

Naval Radio Station, Annapolis, Maryland: Shore protection,$100,000;

Submarine Base, Coco Solo, Canal Zone: Quarters and accessoriesfor chief petty officers, $288,000; quarters and accessories for officersat not to exceed $40,000 for each apartment house to accommodatefour families, $360,000;

Naval Ammunition Depot, Iona Island, New York: Extension ofmain wharf, $60,000;

Naval Ammunition Depot, Fort Mifflin, Pennsylvania: Replace-ment of pier and fire-pump intake and dredging, $115,000;

Naval Air Station, Norfolk, Virginia: Barracks and mess hall forenlisted men, $500,000; roads, walks, and service lines, $60,000;

Naval Air Station, Pensacola, Florida: Improvement of powerplant, $150,000;

Fleet Air Base, Coco Solo, Canal Zone: Quarters for chief pettyofficers, $180,000; extension of hangar numbered 101, $140,000;

Naval Air Station, Alameda, California: To continue the develop-ment authorized by the Act approved June 24, 1936 (49 Stat., pp.1901, 1902), as amended, $4,800,000;

Naval Medical Center at or in the vicinity of Washington, Districtof Columbia: Acquisition of land and construction of buildings,including utilities, accessories, and appurtenances, as authorized bythe Act approved August 16, 1937 (50 Stat. 663), $4,850,000.50 Stat. 663.

238 [52 STAT.

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52 STAT.] 75TH CONG., 3D SESS.-CH. 175-APR. 26, 1938

BUREAU OF AERONAUTICS

AVIATION, NAVY

For aviation, as follows: For navigational, photographic, aerolog-ical, radio, and miscellaneous equipment, including repairs thereto,for use with aircraft built or building on June 30, 1938, $968,700;for maintenance, repair, and operation of aircraft factory, air sta-tions, fleet air bases, fleet and all other aviation activities, accidentprevention, testing laboratories, for overhauling of planes, and forthe purchase for aviation purposes only of special clothing, wearingapparel, and special equipment, $19,069,800, including not to exceed$50,000 for the procurement of helium, which sum of $50,000 shallbe transferred to and made available to the Bureau of Mines onJuly 1, 1938, in addition to which sum the Bureau of Mines may usefor helium-plant operation in the fiscal year 1939 the unexpendedbalance of funds transferred to it for such operation in the fiscalyear 1938, and the Bureau may lease, after competition, surplusmetal cylinders acquired for use as helium containers; for contin-uing experiments and development work on all types of aircraft,including the payment of part-time or intermittent employment inthe District of Columbia or elsewhere of such scientists and tech-nicists as may be contracted for by the Secretary of the Navy, in hisdiscretion, at a rate of pay not exceeding $20 per diem for any per-son so employed, $2,903,500; for new construction and procurementof aircraft and equipment, spare parts and accessories, $21,258,000,of which amount not to exceed $15,000,000 shall be available for thepayment of obligations incurred under the contract authorizationcarried in the Navy Appropriation Act for the fiscal year 1938; inall, $44,200,000, and the money herein specifically appropriated for"Aviation" shall be disbursed and accounted for in accordance withexisting law and shall constitute one fund: Provided, That the sumto be paid out of this appropriation for employees assigned to groupIV (b) and those performing similar services carried under nativeand alien schedules in the Schedule of Wages for Civil Employeesin the Field Service of the Navy Department shall not exceed$1,716,520: Provided further, That in addition to the amount hereinappropriated, the Secretary of the Navy may, prior to July 1, 1940,enter into contracts for the production and purchase of new airplanesand their equipment, spare parts and accessories, to an amount not inexcess of $15,000,000: Provided further, That the Secretary of theTreasury is authorized and directed, upon the request of the Secre-tary of the Navy, to transfer not to exceed in the aggregate $50,000from this appropriation to the appropriations "Pay, subsistence, andtransportation, Navy" and "Pay, Marine Corps" to cover authorizedtraveling expenses of officers and enlisted men in connection withflying new airplanes from contractor's works to assigned station orship, including travel to contractor's works and return of personnelto stations of duty, and the amount so transferred shall be in additionto any limitations contained in the appropriations "Pay, subsistence,and transportation, Navy" and "Pay, Marine Corps": Provided fur-ther, That no part of this appropriation shall be expended for main-tenance of more than six heavier-than-air stations on the coast of thecontinental United States: Provided further, That no part of thisappropriation shall be used for the construction of a factory for themanufacture of airplanes: Provided further, That the Secretary ofthe Navy is hereby authorized to consider, ascertain, adjust, determine,and pay out of this appropriation the amounts due on claims for

Bureau of Aero-nautics.

Designated avia-tion expenses.

Post, p. 1142.

Helium.Post, p. 329.

Experiments anddevelopment work.

New construction,etc.

Incurred obliga-tions.

Aggregate; account-ing.

Provisos.Group IV (b) em-

ployees.

Contracts for newairplanes, etc.

Transfer of sums fortraveling expenses.

Number of coaststations limited.

Airplane factoryconstruction forbid-den.

Adjustment ofdamage claims.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

damages which have occurred or may occur to private propertygrowing out of the operations of naval aircraft where such claim doesnot exceed the sum of $500.

Marine Corps. MARINE CORPS

PAY, MARINE CORPS

Payetc., officers o Pay of officers, active list: For pay and allowances prescribed byactive it law for all officers on the active list-pay and allowance, $4,155,289,

tAerial flights, lind including not to exceed $248,921 for increased pay for making aerialpay for. flights, none of which shall be available for increased pay for making

aerial flights by nonflying officers at a rate in excess of $1,440 perannum, which shall be the legal maximum rate as to such nonflying

Allowances. officers; subsistence allowance, $536,769; rental allowance, $677,781;in all, $5,369,839; and no part of such sum shall be available to pay

Retired officers. active-duty pay and allowances to officers on the retired list;For pay of officers prescribed by law on the retired list, $1,706,000;

Enlistted men, ac- Pay of enlisted men, active list: For pay and allowances of non-

commissioned officers, musicians, and privates, as prescribed by law,and for the expenses of clerks of the United States Marine Corpstraveling under orders, including not to exceed $250 for the expensesof attendance upon meetings of technical, professional, scientific, andother organizations, when, in the judgment of the Secretary of theNavy, such attendance would be of benefit in the conduct of the workof the Marine Corps, and including additional compensation forenlisted men of the Marine Corps qualified as expert riflemen, sharp-shooters, marksmen, or regularly detailed as gun captains, gunpointers, cooks, messmen, including interest on deposits by enlistedmen, post-exchange debts of deserters, and of men discharged or sen-tenced to terms of imprisonment while in debt to the United States,under such rules as the Secretary of the Navy may prescribe, and theauthorized travel allowance of discharged enlisted men, and forprizes for excellence in gunnery exercises and target practices, andcommunication competitions, and for pay of enlisted men desig-nated as Navy mail clerks and assistant Navy mail clerks both afloatand ashore, and for gratuities to enlisted men discharged not under

Pay and allowances. honorable conditions-pay and allowances, $8,497,513; allowance forlodging and subsistence, $708,414; in all, $9,205,927;

men. nl t ed For pay and allowances prescribed by law of enlisted men on theretired list, $841,000;

undrawn clothing. Undrawn clothing: For payment to discharged enlisted men forclothing undrawn, $248,400;

serine .or p

Re- For pay and allowances of the Marine Corps Reserve (a) exclud-ing transferred and assigned men, $908,545; (b) transferred men,$487,289; in all, $1,395,834;

Mileage, etc. For mileage and actual and necessary expenses and per diem in lieuof subsistence as authorized by law to officers traveling under orderswithout troops, $150,000;

Aggregate; account- In all, $18,817,000, plus $100,000 of the appropriation "Pay, MarineCorps, 1938", such amount of such appropriation being hereby reap-propriated, and the money herein specifically appropriated for payof the Marine Corps shall be disbursed and accounted for in accord-ance with existing law and shall constitute one fund.

PAY OF CIVIL EMPLOYEES, MARINE CORPS

civil fore Pay of civil force: For personal services in the District of Colum-bia as follows:

Offices of the Major General Commandant and adjutant inspector,$130,000;

240 [52 STAT.

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52 STAT.] 75TH CONG., 3 D SESS.-CH. 175-APR. 26, 1938

Office of paymaster, $48,700;Office of the quartermaster, $137,500; in all, $316,200: Provided,

That the total number of enlisted men on duty at Marine CorpsHeadquarters on May 7, 1930, shall not be increased, and in lieuof enlisted men whose services at such headquarters shall be termi-nated for any cause prior to July 1, 1939, their places may be filledby civilians, for the pay of whom, in accordance with the Classifica-tion Act of 1923, as amended, either or both the appropriations "Pay,Marine Corps" and "General expenses, Marine Corps" shall beavailable.

GENERAL EXPENSES, MARINE CORPS

241

Proviso.Number of enlisted

men at headquarters.Vacancies to be filled

by civilians.

Pay rates.5 U.S. C. § 661-674;

Supp.III, §§673,673c.

For every expenditure requisite for, and incident to, the authorized General expenses.

work of the Marine Corps, other than as appropriated for under theheadings of pay and salaries, as follows:

For provisions, subsistence, board, and lodging of enlisted men, Provisions, etc.

recruits and recruiting parties, and applicants for enlistment; cashallowance for lodging and subsistence to enlisted men traveling onduty; ice, ice machines and their maintenance, $2,925,860;

For clothing for enlisted men, $1,050,000; lothing.

For fuel, heat, light, and power, including sales to officers, $470,000; Fuel, etc.

For military supplies and equipment, including their purchase, etM.lit supplies

repair, preservation, and handling; recreational, school, educational,library, musical, amusement, field sport and gymnasium supplies,equipment, services, and incidental expenses; purchase and markingof prizes for excellence in gunnery and rifle practice, good-conductbadges, medals, and buttons awarded to officers and enlisted men bythe Government for conspicuous, gallant, and special service; rentaland maintenance of target ranges and entrance fees for competitions,$681,520;

For transportation of troops and applicants for enlistment, includ- Transortatioetc

ing cash in lieu of ferriage and transfers en route; toilet kits forissue to recruits upon their first enlistment and other incidentalexpenses of the recruiting service; and for transportation for depend- Dependents

ents of officers and enlisted men, $325,000;For repairs and improvements to barracks, quarters and other barracks, quarters,

public buildings at posts and stations; for the renting, leasing, and etc.

improvement of buildings in the District of Columbia, and at suchother places as the public exigencies require, and the erection oftemporary buildings upon the approval of the Secretary of the Navyat a total cost of not to exceed $10,000 during the year, $400,000;

For forage and stabling of public animals and the authorized num-ber of officers' horses, $23,000; Miscellaneous

For miscellaneous supplies, material, equipment, personal and other pliRe, etc.services, and for other incidental expenses for the Marine Corps nototherwise provided for; purchase, repair, and exchange of typewritersand calculating machines; purchase and repair of furniture and fix-tures; repair of motor-propelled passenger-carrying vehicles; and vehicles, etc.purchase, exchange, and repair of horse-drawn passenger-carryingand other vehicles, including parts; veterinary services and medicines Hors etc.

for public animals and the authorized number of officers' horses; pur-chase of mounts and horse equipment for all officers below the gradeof major required to be mounted; shoeing for public animals andthe authorized number of officers' horses; books, newspapers, and Printing and bind-

periodicals; printing and binding; packing and crating of officers' ra expenses.allowance of baggage; funeral expenses of officers and enlisted menpe

and accepted applicants for enlistment and retired officers on activeduty, including the transportation of their bodies, arms, and wearingapparel from the place of demise to the homes of the deceased in

36525°-S---16

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Laundries. the United States; construction, operation, and maintenance of laun-dries; and for all emergencies and extraordinary expenses, $2,400,000:

Prsov hie. Provided, That there may be expended out of this appropriation(including the exchange value of any vehicle that may be used aspart payment) for the purchase of motor-propelled passenger-carry-ing vehicles, the gross cost of any one vehicle not to be in excessof the respective amounts as follows: Two at $1,600 each; two at$900 each; eight at $700 each; and five motorcycles at $350 each;

Marine Corps Re- Marine Corps Reserve: For clothing, including clothing for avia-serve. tion cadets, subsistence, heat, light, transportation, and miscellaneous

expenses, $275,000;Accounting. In all, $8,550,380, to be accounted for as one fund: Provided, ThatGroupIV (b) em- the sum to be paid out of this appropriation for employees assigned

ployees. to group IV (b) and those performing similar services carried undernative and alien schedules in the Schedule of Wages for CivilEmployees in the Field Service of the Navy Department shall notexceed $80,000.

Replacement of na-val vessels.

Construction andmachinery.

Post, p. 1143.

48 Stat. 503.

Commencement ofdesignated vessels.

50 Stat. 544.

Provisos.Group IV (b) em-

ployees.

Technical services.

Armor, armament,and ammunition.

Post, p. 1143.

Proisos.Newport, R. I., tor-

pedo station, machin-ery, etc.

Group IV (b) em-ployees.

REPLACEMENT OF NAVAL VESSELS

Construction and machinery: On account of hulls and outfits ofvessels and machinery of vessels heretofore authorized (and appro-priated for in part), and for the commencement of the followingvessels authorized by the Act approved March 27, 1934 (48 Stat.503-505), two battleships, two cruisers of subcategory (b), eightdestroyers and six submarines, and for the commencement of thefollowing vessels authorized by the Act approved July 30, 1937(50 Stat. 544-545), one minesweeper, one submarine tender, one fleettug, and one oiler, $117,363,150, to remain available until expended:Provided, That the sum to be paid out of the amount available forexpenditure under the head of "Construction and machinery" forthe fiscal year 1939 for employees in the field service assigned togroup IV (b) and those performing similar services carried undernative and alien schedules in the Schedule of Wages for CivilEmployees in the Field Service of the Navy Department shall notexceed 5 per centum of the aggregate amount available under thisheading on July 1, 1938: Provided further, That, of the appropria-tions made available by this Act under the head of "Replacementof naval vessels", there shall be available such sums as the Secretaryof the Navy may from time to time determine to be necessary forthe engagement of technical services, and the employment of per-sonnel in the Navy Department and in the field, the purchase ofplans, drafting and other supplies, and the expenses of printing andtravel, in addition to those otherwise provided for, owing to theconstruction of vessels which have been or may hereafter beauthorized.

Armor, armament, and ammunition: Toward the armor, arma-ment, and ammunition for vessels hereinbefore described under thehead of "Construction and machinery", $20,700,000, to remain avail-able until expended: Provided, That not to exceed $200,000 of theaggregate amount available under this heading on July 1, 1938, shallbe available for the replacement of machinery and tools at the NavalTorpedo Station, Newport, Rhode Island: Provided further, Thatthe sum to be paid out of the amount available for expenditure underthis head for the fiscal year 1939 for employees in the field serviceassigned to group IV (b) and those performing similar servicescarried under native and alien schedules in the Schedule of Wagesfor Civil Employees in the Field Service of the Navy Departmentshall not exceed 5 per centum of the aggregate amount availableunder this heading on July 1, 1938.

242 PUBLIC LAWS--CH. 175--APR. 26, 1938 [52 STAT.

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52 STAT.] 75TH CONG., 3 D SESS.-CH. 175-APR? 26, 1938

Neither the appropriation "Replacement of naval vessels, construc-tion, and machinery", nor the appropriation "Replacement of navalvessels, armor, armament, and ammunition", shall be available forobligation for any purpose as to ships commissioned prior to July1, 1937, nor as to any ship commissioned subsequent to such date aftertwelve months shall have elapsed from commissioning date.

The appropriations made in this Act for the purchase or manu-facture of equipment or material or of a particular class of equipmentor material shall be available for the purchase of letters patent, appli-cations for letters patent, licenses under letters patent and applica-tions for letters patent that pertain to such equipment or materialfor which the appropriations are made.

No part of any appropriation made for the Navy shall be expendedfor any of the purposes herein provided for on account of the NavyDepartment in the District of Columbia, including personal servicesof civilians and of enlisted men of the Navy, except as hereinexpressly authorized: Provided, That there may be detailed to theBureau of Navigation not to exceed at any one time seven enlistedmen of the Navy: Provided further, That enlisted men detailed tothe Navy Dispensary and the Radio Communication Service shall notbe regarded as detailed to the Navy Department in the District ofColumbia.

No part of the appropriations made in this Act shall be availablefor the salary or pay of any officer, manager, superintendent, fore-man, or other person or persons having charge of the work of anyemployee of the United States Government while making or causingto be made with a stop watch or other time-measuring device a timestudy of any job of any such employee between the starting and com-pletion thereof, or of the movements of any such employee whileengaged upon such work; nor shall any part of the appropriationsmade in this Act be available to pay any premiums or bonus or cashreward to any employee in addition to his regular wages, except forsuggestions resulting in improvements or economy in the operationof any Government plant; and no part of the moneys herein appro-priated for the Naval Establishment or herein made available there-for shall be used or expended under contracts hereafter made for therepair, purchase, or acquirement, by or from any private contractor,of any naval vessel, machinery, article, or articles that at the timeof the proposed repair, purchase, or acquirement can be repaired,manufactured, or produced in each or any of the Government navyyards or arsenals of the United States, when time and facilities per-mit, and when, in the judgment of the Secretary of the Navy, suchrepair, purchase, acquirement, or production would not involve anappreciable increase in cost to the Government, except when therepair, purchase, or acquirement, by or from any private contractor,would, in the opinion of the Secretary of the Navy, be advantageousto the national defense: Provided, That nothing herein shall be con-strued as altering or repealing the provisos contained in the Actsto authorize the construction of certain naval vessels, approved Febru-ary 13, 1929 and March 272 1934, which provide that the first andsucceeding alternate vessels in each category, except the fifteen-thou-sand-ton aircraft carrier, upon which work is undertaken, togetherwith the main engines, armor, and armament, shall be constructed ormanufactured in the Government navy yards, naval gun factories,naval ordnance plants, or arsenals of the United States, except suchmaterial or parts as are not customarily manufactured in such Gov-ernment plants.

243

Designated appro-priations not availablefor ships commis-sioned prior to July 1,1937.

Purchase of letterspatent, etc.

Department uselimited.

Provisos.Details to Bureau of

Navigation.Designated services

not regarded as de-tails.

No pay to officer,etc., using time-meas-uring device on workof employee.

Cash rewards pro-hibited; exception.

Repairs, etc., otherthan at navy yards,etc., restricted.

Exception.

Proviso.Construction, first

and alternate vesselsat Government yards,factories, etc.

45 Stat. 1165; 48Stat. 603.

34 U. . C. § 495.

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PUBLIC LAWS-CH. 175-APR. 26, 1938

Estimates to ac-company bids. No part of the funds herein appropriated shall be available to pay

a contractor upon any contract for a naval vessel entered into underauthority of this Act unless, at the time of filing his bid, he shallalso file the estimates upon which such bid was based.

Navy Department. NAVY DEPARTMENT

SALARIES

Salaries. For compensation for personal services in the District of Columbia,as follows:

Office of the See. Office of the Secretary of the Navy: Secretary of the Navy, Assist-tary, and other desig-nated offices, etc. ant Secretary of the Navy, and other personal services, $196,770.

General Board, $12,560.Naval examining and retiring boards, $12,200.Compensation board, $6,840.Office of Naval Records and Library, $34,080.Office of Judge Advocate General, $122,000.Office of Chief of Naval Operations, $72,660, of which $600 shall

be available immediately.Board of Inspection and Survey, $19,840.Office of Director of Naval Communications, $135,200.Office of Naval Intelligence, $79,180.Bureau of Navigation, $484,000.Hydrographic Office, $413,420.

AmericanEpheme.r Naval Observatory, including $2,500 for pay of computers on piecework in preparing for publication the American Ephemeris andNautical Almanac and in improving the tables of the planets, moon,and stars, $172,720.

Bureau of Engineering, $307,400.Bureau of Construction and Repair, $347,479.Bureau of Ordnance, $149,000.Bureau of Supplies and Accounts, $790,000.Bureau of Medicine and Surgery, $87,580.Bureau of Yards and Docks, $274,600.

Bureau of Aeronan- Bureau of Aeronautics, $358,800: Provided, That the services oftIrotisos. such additional technical and clerical personnel as the Secretary of

construction aork;dconrstructt dono''d; the Navy may deem necessary may be employed only in the Bureauadditional )prsonn.el, of Aeronautics in connection wit the design and construction of

aircraft, to be paid fromn the appropriation "Aviation, Navy, 1939":Limitation on ex- Provided further, That the expenditures on this account for the fiscal

penditure. year 1939 shall not exceed $50,000, and the Secretary of the Navyshall report to Congress in the Budget the number of persons soemployed, their duties, and the amount paid to each.

In all, salaries, Navy Department, $4,076,329.avleraes rates uo In expending appropriations or portions of appropriations con-Classification Act. tained in this Act, for the payment for personal services in the Dis-5 U.S. C. §§661-674;Supp. lIi, § 673, trict of Columbia in accordance with the Classification Act of 1923,6 7'cepti. as amended, with the exception of the Assistant Secretaries of the

Navy, the average of the salaries of the total number of persons underany grade in any bureau, office, or other appropriation unit shall notat any time exceed the average of the compensation rates specified forthe grade by such Act, as amended, and in grades in which only oneposition is allocated the salary of such position shall not exceed theaverage of the compensation rates for the grade, except that inunusually meritorious cases of one position in a grade advances maybe made to rates higher than the average of the compensation ratesof the grade but not more often than once in any fiscal year and then

244 [52 STAT.

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75TH CONG., 3D SESS.-C1H. 175--APR. 26, 193S

only to the next higher rate: Provided, That this restriction shall notapply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service,or (2) to require the reduction in salary of any person whose com-pensation was fixed as of July 1, 1924, in accordance with the rulesof section 6 of such act, (3) to require the reduction in salary of anyperson who is transferred from one position to another position inthe same or different grade in the same or a different bureau, office, orother appropriation unit, (4) to prevent the payment of a salaryunder any grade at a rate higher than the maximum rate of the gradewhen such higher rate is permitted by the Classification Act of 1923,as amended, and is specifically authorized by other law, or (5) toreduce the compensation of any person in a grade in which only oneposition is allocated.

CONTINGENT EXPENSES

For professional and technical books and periodicals, lawbooks,and necessary reference books, including city directories, railwayguides, freight, passenger, and express tariff books and photostating,for Department library; for purchase of photographs, maps, docu-ments, and pictorial records of the Navy, photostating and othernecessary incidental expenses in connection with the preparation forpublication of the naval records of the war with the Central Powersof Europe; for stationery, furniture, newspapers, plans, drawings,and drawing materials; purchase and exchange of motortrucks ormotor-delivery wagons, maintenance, repair, and operation of motor-trucks or motor-delivery wagons; garage rent; streetcar fares;freight, expressage, postage, typewriters, and computing machines,and other absolutely necessary expenses of the Navy Department andits various bureaus and offices, $115,000; it shall not be lawful toexpend, unless otherwise specifically provided herein, for any of theoffices or bureaus of the Navy Department in the District of Colum-bia, any sum out of appropriations made for the naval service forany of the purposes mentioned or authorized in this paragraph.

PRINTING AND BINDING

For printing and binding for the Navy Department and the NavalEstablishment executed at the Government Printing Office, $530,000including not exceeding $117,120 for the Hydrographic Office and$2,800 for the Naval Reserve Officers' Training Corps.

PRINTING HISTORICAL AND NAVAL DOCUMENTS

For continuing the printing of historical and naval documentsincluding composition, clerical copying in the Navy Department andother preparatory work, in accordance with the provisions of theappropriation made for the commencement of this work as containedin the Naval Appropriation Act for the fiscal year 1935, $12,000,together with the unexpended balance for this purpose for the fiscalyear 1938: Provided, That nothing in such Act shall preclude thePublic Printer from furnishing one hundred and fifty copies of eachvolume published to the Library of Congress.

CONTINGENT AND MISCELLANEOUS EXPENSES, HYDROGRAPHIC OFFICE

For purchase and printing of nautical books, charts, and sailingdirections, copper plates, steel plates, chart paper, packing boxes,chart portfolios, electrotyping copper plates, cleaning copper plates;tools, instruments, power, and material for drawing, engraving, andprinting; materials for and mounting charts; reduction of chartsby photography; photolithographing charts for immediate use;transfer of photolithographic and other charts to copper; purchase

Proviso.Restriction not ap-

plicable to c!erical-mechanical service.

No reduction infixed salaries.

42 Stat. 1490.Transfers without

reduction.

Payment underhigher rate.

If only one positionin a grade.

Contingent expenses.

Naval records ofWorld War.

Naval service appro-priations not to beused for Departmentexpenses; exception.

Printing and bind-ing.

Historical and navaldocuments.

48 Stat. 414.Unexpended bal-

ance reappropriated.50 Stat. 117.Proviso.Copies to Library of

Congress.

HydrographicOffice.

Contingent and mis-cellaneous expenses.

Charts, etc.

24552 STAT.]

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PUBLIC LAWS-CH. 175-APR. 26, 1938

of equipment for the storage of plates used in making charts andfor the storage of Hydrographic Office charts and publications;modernization, care, and repair to printing presses, furniture, instru-ments, and tools; extra drawing and engraving; translating fromforeign languages; telegrams on public business; preparation of pilotcharts and their supplements, and printing and mailing same; pur-chase of data for charts and sailing directions and other nauticalpublications; books of reference and works and periodicals relatingto hydrography, marine meteorology, navigation, surveying, oceanog-raphy, and terrestrial magnetism, and to other professional andtechnical subjects connected with the work of the HydrographicOffice, $62,000.

Branch offices. For contingent expenses of branch hydrographic offices at Boston,New York, Philadelphia, Baltimore, Norfolk, Savannah, NewOrleans, San Francisco, Portland (Oregon), Portland (Maine), Chi-cago, Cleveland, Detroit, Buffalo Duluth, Sault Sainte Marie, Seat-tle, Panama, San Juan (Puerto Rico), Los Angeles, Honolulu, andGalveston, including furniture, fuel, lights, works, and periodicals,relating to hydrography, marine meteorology, navigation, surveying,oceanography and terrestrial magnetism, stationery, miscellaneousarticles, rent, and care of offices, care of time balls, carfare and fer-riage in visiting merchant vessels, freight and express charges, tele-grams, and other necessary expenses incurred in collecting the latestinformation for pilot charts, and for other purposes for which theoffices were established, $11,380.

For services of necessary employees at branch offices, $47,220.Naval Observatory.

Contingent and mis-cellaneous expenses.

Government-ownedautomobiles.

Use restricted toofficial business.

Transportation be-tween domicile andplace of employment.

Exceptions.

CONTINGENT AND MISCELLANEOUS EXPENSES, NAVAL OBSERVATORY

For professional and scientific books, books of reference, period-icals, engravings, photographs, and fixtures for the library; forapparatus and instruments, and for repairs of the same; for repairsto buildings (including quarters), fixtures, and fences; for cleaning,repair, and upkeep of grounds and roads; furniture and furnishingsfor offices and quarters, gas, chemicals, paints, and stationery, includ-ing transmission of public documents through the Smithsonianexchange, foreign postage; plants, seeds, and fertilizers; for fuel, oil,grease, pipe, wire, and other materials needed for the maintenanceand repair of boilers, engines, heating apparatus, electric lighting andpower, and water supply; purchase and maintenance of teams; main-tenance, repair, and operation of motortrucks and passenger automo-biles, and of horse-drawn vehicles; telegraph and telephone service;and other absolutely necessary expenses, $25,400.

SEC. 2. No part of any money appropriated by this Act shall beused for maintaining, driving, or operating any Government-ownedmotor-propelled passenger-carrying vehicle not used exclusively forofficial purposes; and "official purposes" shall not include the trans-portation of officers and employees between their domiciles and placesof employment except in cases of medical officers on out-patientmedical service and except in cases of officers and employees engagedin field work the character of whose duties makes such transportationnecessary and then only as to such latter cases when the same isapproved by the head of the Department. This section shall notapply to any motor vehicle for official use of the Secretary of theNavy, and no other persons connected with the Navy Department orthe naval service, except the commander in chief of the United StatesAsiatic Fleet, Marine Corps officers serving with expeditionary forcesin foreign countries, and medical officers on out-patient medical serv-ice, shall have a Government-owned motor vehicle assigned for theirexclusive use.

Approved, April 26, 1938.

246 [52 STAT.