Draftsmen and civil engineers, Office Chief Military service counted under Railroad Reof Engineers, 644. 566a. Appointment; citizenship. tirement Act, 696a. Witnesses before committees of Congress, 700. That, notwithstanding the language contained in the second proviso under the subheading "Pay, and so forth, of the Army" of the Act of July 1, 1937 (50 Stat. 446), and similar provisos of other Acts heretofore or hereafter enacted, any alien otherwise eligible for enlistment in the Regular Army, who shall have been an enlisted man therein for any period subsequent to June 30, 1937, who shall have made a valid and still effective declaration of intention to become a citizen of the United States, or shall have furnished prima facie evidence of his eligibility for admission to such citizenship without prior formal declaration of intention, and shall have agreed in writing to complete his naturalization without unnecessary delay, shall up to and including June 30, 1943, be deemed eligible (1) if in the service, for continuance therein until expiration of current enlistment, for reenlistment, and for continuance in the service under such reenlistment not later than June 30, 1943; (2) if not in the service, for reenlistment and for continuance in the service under such reenlistment not later than June 30, 1943; and (3) in either case for receipt while so serving of the pay of his grade and length of prior service: Provided, That Filipinos who were serving in the Army on July 1, 1937, may be retained in the service under current enlistments and may be reenlisted without regard to their citizenship status, and may receive their proper pay and allowances under such enlistments and reenlistments. Act of Aug. 19, 1937 (50 Stat. 696); act of Aug. 16, 1940 (54 Stat. 788); 10 U. S. C. 626a. Hereafter, service in the Regular Army honorably terminated shall be credited' for purposes of legal residence under the naturalization laws of the United States, regardless of the legality or illegality of the original entry into the United States of the alien, the certificate of the honorable termination of such service or a duly authenticated copy thereof made by a naturalization examiner of the Immigration and Naturalization Service being accepted in lieu of the certificate from the Department of Labor of the alien's arrival in the United States required by the naturalization laws; and service so credited in each case shall be considered as having been performed immediately preceding the filing of the petition for naturalization. Sec. 2, added to act of Aug. 19, 1937, by act of Aug. 16, 1940 (54 Stat. 789); 8 U. S. C. 389a. The first paragraph of the original text of this section has been repeated in subsequent appropriation acts. Similar provisions are contained in the following appropriation acts for the fiscal year 1941: Independent Offices; sec. 4, act of April 18, 1940 (54 Stat. 141). Treasury and Post Office Departments; act of March 25, 1940 (54 Stat. 78). Interior Department; act of June 18, 1940 (54 Stat. 461). War Department Civil; act of June 24, 1940 (54 Stat. 512). Labor Department-Federal Security Agency; act of June 26, 1940 (54 Stat. 598), sec. 705. The second paragraph has been amended as above. Notes of Decisions Authority of the Secretary of War.-The | General had placed on the act a construcaction of the Secretary of War in discharging a soldier who had illegally entered the country, on opinions of Judge Advocate General of the Army that soldier's re-enlistment was in violation of a congressional act. could not be reviewed by the District Court, notwithstanding that the Judge Advocate tion in conflict with the court's judgment, since the act of the Secretary was a discretionary act not subject to review. Act Aug. 19 1937, 50 Stat. 696; Act June 11, 1938, 52 Stat. 642; 10 U. S. C. A., sec. 1580. Nordmann v. Woodring, Sec. War, et al. (D. C., 1939), 28 F. Supp. 573. 570. Appointment; civil service rules and regulations. By Executive Order No. 8371, March 9, 1940, amending Executive Order No. 8044, January 31, 1939, a committee was appointed to make a further and comprehensive study of methods of recruiting, testing, selecting, promoting, transferring, removing, and reinstating personnel for the positions to which this order relates, and report to the President as soon as possible its recommendations thereon. Under authority of R. S. 1753, supra, the President, by Executive Order No. 8390, April 11, 1940, amended Executive Order of January 11, 1873, prohibiting Federal officers and employees from holding State, Territorial, or municipal office, so as to permit them to hold positions as teachers or instructors in any State, Territorial, or municipal school or university. The last named order was suspended insofar as the United States Civil Service Commission shall authorize appointments to positions directly concerned with the national defense, by Executive Order No. 8516, August 15, 1940. By Executive Order No. 8467, July 1, 1940, the Council of Personnel Administration, originally established by Executive Order No. 7916, June 24, 1938, was revived, and its functions prescribed. Executive Order No. 8576, October 29, 1940, prescribes regulations governing the employment of unclassified laborers in the executive civil service. 582a-1. Extension of Civil Service; authority of President.-That notwithstanding any provisions of law to the contrary, the President is authorized by Executive order to cover into the classified civil service any offices or positions in or under an executive department, independent establishment, or other agency of the Government: Provided, That in the case of any federally owned and controlled corporation organized under the laws of any State, Territory, or possession of the United States (including the Philippine Islands), or the District of Columbia, the President is authorized to direct that such action be taken as will permit appointments to offices or positions in any such corporation to be made in accordance with the civil-service laws, consistently with the laws of any such State, Territory, or possession, or the District of Columbia, or with the charter or articles of incorporation of any such corporation: Provided further, That the provisions of this section shall not apply to the offices or positions in the Tennessee Valley Authority or to any positions in the Work Projects Administration or to any position to which appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorney. Sec. 1, act of Nov. 26, 1940 (54 Stat. 1211); 5 U. S. C. 631a. 582a-2. Extension of Civil Service; recommendation and examination.-(a) The incumbent of any office or position which is covered into the classified civil service under the provisions of section 1 of this Act shall not thereby acquire a classified civil-service status, except (1) upon recommendation by the head of the agency concerned within one year after such office or position has been covered into the classified civil service, and certification within such period by such head to the Civil Service Commission that such incumbent has served with merit for not less than six months immediately prior to the date such office or position was covered into the classified civil service; and (2) upon passing such suitable noncompetitive examination as the Commission may prescribe: Provided, That any such incumbent shall be given only one such noncompetitive examination: Provided further, That any such incumbent who fails to pass the noncompetitive examination provided in his case shall be separated from the service not later than six months after the Commission advises the appointing officer that such employee has failed. The appointment of any person occupying any position covered into the apportioned civil service in the District of Columbia under the provisions of section 1 of this Act shall be charged to the apportionment of his State. As used in this section "State" includes a Territory and the District of Columbia. (b) That from and after the effective date of this Act any person who shall have served for four years as a secretary, clerk or assistant clerk to a Senator, Representative, Delegate or Resident Commissioner, or as a clerk or assistant clerk to a standing committee of the Senate or House of Representatives or as a clerical employee of the Senate or House of Representatives and whose separation from the service is involuntary and without prejudice shall acquire, upon passing such suitable noncompetitive examination as the Civil Service Commission may prescribe, a classified civil service status for transfer to a position in the classified civil service notwithstanding any contrary provisions of the civil service laws or regulations: Provided, That any individual who may hold such a position in the legislative branch must obtain such transfer within one year from the date of separation, and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder. Sec. 2, act of Nov. 26, 1940 (54 Stat. 1212); 5 U. S. C. 631b. 585. Compensation for disability or death. A Federal Interdepartmental Safety Council, to act as a clearing house for accident prevention and health conservation information, and to make and report upon surveys and investigations necessary to reduce accident hazards, was established by Executive Order No. 8071, March 21, 1939. 593. Compensation act; medical and hospital service. By act of June 30, 1939 (53 Stat. 990), hospitals in the District of Columbia are given a lien upon the amount recovered for damages by persons treated in such hospitals for injuries not compensable under the provisions of this act. 613. Compensation act; definitions of terms. The definition of the term "employee" in second paragraph of this section was amended by the act of April 11, 1940 (54 Stat. 105), to include persons employed on the Menominee Indian Reservation, Wisconsin, in timber and logging operations. 617. Details from Government Printing Office. The second paragraph of this section has been repeated in subsequent appropriation acts. 618a. Details to American Republics, Philippines, and Liberia. That the President of the United States be, and hereby is, authorized, whenever he finds that the public interest renders such a course advisable, upon agreement with the government of any other American republic or the Government of the Commonwealth of the Philippine Islands, or the Government of Liberia, if such government is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, other than those persons covered by the Act of May 19, 1926 (44 Stat. 565), as amended by the Act of May 14, 1935 (49 Stat. 218), from time to time to detail for temporary service of not exceeding one year at a time, under such government, any such person in the employ of the Government of the United States: Provided, That the President may, in extraordinary circumstances, extend the period of such detail for one or more additional periods of not to exceed six months each: Provided further, That while so detailed, such person shall be considered, for the purpose of preserving his rights and privileges as such, an officer or employee of the Government of the United States and of the department or agency from which detailed and shall continue to receive therefrom compensation, and he may receive additional compensation from the department or agency from which detailed not to exceed 50 per centum of the compensation he was receiving as an officer or employee of the United States at the time of detail, and shall receive from the United States reimbursement for travel expenses to and from the place of detail and monthly allowances determined by the President to be adequate for quarters and subsistence during the period of such detail. The additional compensation, travel expenses, and other allowances authorized by this Act to be paid to any such officer or employee shall be paid from any appropriations available for the payment of compensation and travel expenses of the officers and employees of the department or agency from which he is detailed: Provided, however, That if any government to which a detail is authorized by this Act shall express the desire to reimburse this Government in whole or in part for the expenses of such detail, the President is authorized, when he deems it in the public interest, to accept such reimbursement and the amount so received may be credited to (a) appropriations current at the time the expenses of such detail are to be or have been paid (b) appropriations current at the time such amounts are received, or (c) in part as provided under (a) and in part as provided under (b) |