Apr. 16, 1937, ch. 107, § 1, 50 Stat. 66.

T. 14 §§ 187, 188

That the President of the United States is authorized, by and with the advice and consent of the Senate to appoint not to exceed five professors to the United States Coast Guard as heads of the departments of instruction at the Coast Guard Academy. An original appointment as professor not made from a civilian instructor or regular commissioned officer in the United States Coast Guard shall be a temporary appointment; but a professor so appointed, after completion of a satisfactory probationary period of two years, may be regularly appointed as professor to rank from the date of his original appointment: Provided, That any person who has served as a civilian instructor in the Coast Guard Academy for fifteen years or more may be appointed to the office of professor in the Coast Guard Academy pursuant to this section without physical examination.

Apr. 16, 1937, ch. 107, § 2, 50 Stat. 66-.-.

T. 14 § 187, 189 A professor in the Coast Guard shall be a commissioned officer with rank not above that of commander and shall receive the pay and allowances of a commissioned officer of the same rank and length of service. When any such professor is commissioned with rank less than that of commander, he shall be promoted through the successive ranks to a rank not above that of commander under such regulations as the President shall prescribe. A professor shall exercise command only in the academic department of the Coast Guard Academy.

Apr. 16, 1937, ch. 107, § 3, 50 Stat. 67 ---

T. 14 § 186

The Secretary of the Treasury is authorized to appoint in the Coast Guard, subject to the competitive provisions of the civil-service laws and regulations, not to exceed three civilian instructors, and the compensation of such appointees shall be fixed in accordance with the Classification Act of 1923, as amended. Apr. 16, 1937, ch. 107, § 4, 50 Stat. 67.

T. 14 § 191 Service as a civilian instruction or professor at the Coast Guard Academy or as a commissioned officer in the Coast Guard (regular or temporary), rendered prior to an appointment as a professor pursuant to the provisions of this Act, shall be credited in computing length of service as a professor for purposes of pay and allowance.

Apr. 16, 1937, ch. 107, § 5, 50 Stat. 67

T. 14 § 190

Professors in the Coast Guard shall be on the same footing as to retirement from active service for any cause as other commissioned officers of the Coast Guard: Provided, That service as a civilian instructor or professor at the Coast Guard Academy or as a commissioned officer in the Coast Guard (regular or temporary), rendered prior to an appointment as a professor pursuant to the provisions of this Act, shall be credited in computing length of service for retirement purposes: Provided further, That the provisions of law relating to retirement for disability in line of duty shall not apply in the case of a professor until he shall have served fifteen years in the Coast Guard.

Apr. 16, 1937, ch. 107, § 6, 50 Stat. 67.

T. 14 § 193

The Secretary of the Treasury is authorized to appoint an advisory committee of the Coast Guard Academy which shall consist of not to exceed five persons of distinction in the field of education who shall serve without pay. The members so appointed shall visit the Coast Guard Academy at least once during the academic year on the call of the chairman and may convene once each year at headquarters at the call of the commandant, for the purpose of examining the course of instruction and advising the Secretary of the Treasury relative thereto. The actual expenses of the members of the committee while engaged in these duties, including their actual expense of travel, shall be defrayed under Government travel regulations from any appropriation available for the authorized work of the United States Coast Guard.

Apr. 16, 1937, ch. 107, § 7, 50 Stat. 67

T. 14 § 194

In addition to the advisory board there shall be appointed in January of each year a Board of Visitors to the Coast Guard, which shall consist of two Senators and three Members of the House of Representatives appointed by the chairmen of the committees of the Senate and the House of Representatives, respectively, having cognizance of legislation pertaining to the Coast Guard Academy. The chairmen of such committees shall be ex-officio members of the Board.

(b) Such Board shall visit the Coast Guard Academy annually on a date to be fixed by the Secretary of the Treasury. Each member of the Board shall be reim

bursed under Government travel regulations for the actual expense incurred by him while engaged upon duties as a member of such Board.

Apr. 16, 1937, ch. 107, § 8, 50 Stat. 67----

T. 14 § 192

Nothing in this Act shall be construed to prevent the Secretary of the Treasury from assigning any commissioned officer, chief warrant officer, warrant officer, or enlisted man to appropriate instruction duty at the Coast Guard Academy. Apr. 16, 1937, ch. 107, § 9, 50 Stat. 67.

Omitted

Any appropriation which is now or may hereafter be available for the payment of expenses for the authorized work of the Coast Guard shall be available to carry out the purposes of this Act.

Apr. 16, 1937, ch. 107, § 10, 50 Stat. 68.

T. 14 § 186

Section 4 of an Act entitled "An Act to promote the efficiency of the Revenue Cutter Service", approved June 23, 1906 (34 Stat. 453; U. S. Č., 1934 ed., title 14, sec. 124), as amended by the Act of July 1, 1918 (40 Stat. 640), is hereby repealed, but such repeal shall not be construed to affect existing appointments: Provided, That no appointee, appointed prior to the enactment of this Act, may be retained as an instructor in the Coast Guard Academy without appropriate civil-service status for a period longer than six months from the effective date of this Act.

June 9, 1937, ch. 309, § 1, 50 Stat. 252

T. 14 §§ 45, 46

That section 2 of the Act of January 12, 1923 (42 Stat. 1130; U. S. C., 1934 edition, title 14, sec. 161), as amended by the Act of June 25, 1936 (49 Stat. 1924; U. S. C., 1934 edition, Supp. II, title 14, sec. 161), is hereby amended by striking out the first proviso in that section and inserting the following proviso in lieu thereof: "Provided, That any officer who has served or shall hereafter serve as commandant, if heretofore or hereafter retired, whether before or at any time after the termination of his service as commandant, shall, if receiving the pay of a rear admiral (upper half) at the termination of his service as commandant, be placed on the retired list with the rank and retired pay of a rear admiral (upper half), or, if receiving the pay of a rear admiral (lower half) at the termination of his service as commandant, shall be placed on the retired list with the rank and retired pay of a rear admiral (lower half), and that any officer whose term of service as commandant has expired may be appointed a captain and shall be an additional number in that grade, but, if not so appointed, he shall take the place on the lineal list in the grade that he would have obtained had he not served as commandant and be an additional number in such grade;".

June 9, 1937, ch. 309, § 2, 50 Stat. 252_.

T. 14 § 421 (b)

Section 3 of the Act of January 12, 1923 (42 Stat. 1131; U. S. C., 1934 edition, title 14, sec. 174), as amended by the Act of February 28, 1927 (44 Stat. 1261), is hereby amended by striking out so much of the second proviso in that section as follows the semicolon and inserting in lieu thereof the following: "and, in the case of a captain, the rank and retired pay of one grade above shall be the rank and retired pay of a rear admiral (lower half). Any officer of the Coast Guard now having the rank of commodore on the retired list shall hereafter have in lieu thereof the rank of a rear admiral (lower half), without any increase in pay by reason of such change in rank."

June 15, 1937, ch. 352, § 1, 50 Stat. 260.......

Omitted

That the Secretary of the Treasury be, and he is hereby, authorized to acquire in behalf of the United States, by donation a tract of land situated in the San Francisco Airport on the west shore of San Francisco Bay, twelve miles south of San Francisco, and sufficient for the construction thereon of a Coast Guard air station.

June 15, 1937, ch. 352, § 2, 50 Stat. 260_.

T. 14 § 93 (j)

The Secretary of the Treasury is further authorized to construct, install, purchase, and equip at said Coast Guard air station such buildings, hangars, ramps, piers, bulkheads, dredging, filling and grading, and such other facilities and accessories as, in the opinion of the Secretary of the Treasury, may be required for the construction, operation, maintenance, and repair of a Coast Guard air station. July 30, 1937, ch. 545, § 1, 50 Stat. 547----T. 14 §§ 351, 367 (b), 365, 367 (a) That section 1 of the Act of May 26, 1906, as amended (34 Stat. 200; U. S. C., 1934 edition, title 14, sec. 35), is hereby further amended to read as follows:

"(a) That all persons composing the enlisted force of the Coast Guard shall be enlisted for a term not to exceed three years, in the discretion of the Secretary of the Treasury, who shall prepare regulations governing such enlistments and for the general government of the service: Provided, That an enlistment in the Coast Guard shall not be regarded as complete until the enlisted man concerned shall have served any time, in excess of one day, lost on account of unauthorized absence from duty, or injury, sickness, or disease, resulting from his own intemperate use of drugs or alcoholic liquors, or other misconduct, or while in confinement under sentence, or while awaiting trial and disposition of his case if the trial results in conviction.

"(b) The term of enlistment of any enlisted man in the Coast Guard may, by his voluntary written agreement, under such regulations as may be prescribed by the Secretary of the Treasury, be extended for a period of one, two or three full years from the date of expiration of the then-existing term of enlistment, and subsequent to said date an enlisted man who extends his term of enlistment as herein authorized shall be entitled to and shall receive the same pay and allowances in all respects as though regularly discharged and reenlisted immediately upon expiration of his term of enlistment. No such extension shall operate to deprive the enlisted man concerned, upon discharge at the termination thereof, of any right, privilege, or benefit to which he would have been entitled if his term of enlistment had not been so extended.

"(c) The commanding officer of any vessel of the Coast Guard is authorized, in his discretion, to detain an enlisted man beyond the term of his enlistment until the first arrival of the vessel at its permanent station, or at a port in a State of the United States or in the District of Columbia, unless, in his opinion, the detention of such person for a further period is essential to the public interests, in which case he may detain him for a further period, not exceeding thirty days, after arrival at such station or port. Any person so detained shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge therefrom."

July 30, 1937, ch. 545, § 3, 50 Stat. 548-549----.

Omitted

Subdivision "Seventh" of section 4 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States", approved June 29, 1906, as amended (34 Stat. 598; U. S. C., 1934 edition, title 8, sec. 388), is hereby further amended by inserting in line 4 thereof, after the words "Naval Auxiliary Service", the words "or the Coast Guard".

July 30, 1937, ch. 545, § 5, 50 Stat. 549

T. 14 § 183

Section 2 of the Act of June 23, 1906, as amended (34 Stat. 452; U. S. C., 1934 edition, title 14, sec. 15), is hereby further amended by inserting the following sentence at the end thereof: "A cadet, upon admission to the Coast Guard Academy, shall be credited with the sum of $250 to cover the cost of his initial clothing and equipment issued, to be deducted subsequently from his pay in accordance with regulations prescribed by the Secretary of the Treasury."

July 30, 1937, ch. 547, 50 Stat. 550--

T. 14 §§ 243, 313

That notwithstanding the provisions of section 1, as amended, of the Act of June 21, 1930 (46 Stat. 793, ch. 563), any officer of the Coast Guard who has been retired since September 3, 1921, but prior to March 4, 1925, by reason of physical disability which originated in line of duty at any time between April 6, 1917, and March 3, 1921, inclusive, while holding higher temporary rank in the Coast Guard, shall receive from the date of the approval of this Act the pay of the rank he holds on the retired list.

Aug. 16, 1937, ch. 665, § 1, 50 Stat. 666.

T. 14 § 86

That section 4676 of the Revised Statutes, as amended, is hereby amended to read as follows:

"SEC. 4676. Whenever the owner of any sunken vessel, boat, watercraft, raft, or other similar obstruction existing on any river, lake, harbor, sound, bay, or canal or other navigable waters of the United States has failed to mark, or in the judgment of the Commissioner of Lighthouses has failed suitably to mark, the same in accordance with the provisions of section 15 of the Act of March 3, 1899 (ch. 425, 30 Stat. 1152), the Commissioner of Lighthouses is authorized to suitably mark the same for the protection of navigation. Until such time as abandonment of any such obstruction has been established in accordance with the provisions of section 19 of the Act of March 3, 1899 (ch. 425, 30 Stat. 1154), the owner thereof

shall pay to the Commissioner of Lighthouses the cost of such marking. As soon as abandonment of any such obstruction has been so established, it shall be the duty of the Secretary of War to keep the same so marked pending removal thereof in accordance with the provisions of section 19 of the Act of March 3, 1899 (ch. 425, 30 Stat. 1154), but the Commissioner of Lighthouses may at the request of the Department of War continue the suitable marking of any such obstruction for and on behalf of that Department. The cost of continuing any such marking shall be borne by the Department of War. All moneys received by the Commissioner of Lighthouses from the owners of obstructions; in accordance with the provisions of this section, shall be covered into the Treasury of the United States as miscellaneous receipts. No provision of this section shall be construed so as to relieve the owner of any such obstruction from the duty and responsibility suitably to mark the same in accordance with the provisions of section 15 of the Act of March 3, 1899 (ch. 425, 30 Stat. 1152).”

Aug. 16, 1937, ch. 665, § 2, 50 Stat. 667..

T. 14 § 642

The Lighthouse Service is authorized, whenever an aid to navigation or other property belonging to that Service is damaged or destroyed by a private person, and such private person or his agent shall pay to the satisfaction of the proper official of the Lighthouse Service for the cost of repair or replacement of such property, to accept and deposit such payments, through proper officers of the Division of Disbursement, Treasury Department, in special deposit accounts in the Treasury, for payment therefrom to the person or persons repairing or replacing the damaged property and refundment of amounts collected in excess of the cost of the repairs or replacements concerned.

Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667 _ _ _.

T. 14 § 81

The Commissioner of Lighthouses, subject to the approval of the Secretary of Commerce, is authorized in his discretion hereafter to establish and maintain aids to navigation to mark rivers, waterways, or channels, connected by navigable waters with the sea or the Great Lakes, which have been improved for navigation by the United States under proper authority, and appropriations made for the support of the Lighthouse Service are made available for the expenses of establishing and maintaining such aids to navigation.

Aug. 16, 1937, ch. 665, §§ 4-6, 50 Stat.

667-668

Omitted

SEC. 4. Section 4 of the Act of Congress approved June 17, 1910 (ch. 301, 36 Stat. 537; U. S. C., title 33, secs. 711, 721), is hereby amended to read as follows: "SEC. 4. There shall be in the Department of Commerce a Bureau of Lighthouses and a Commissioner of Lighthouses, who shall be the head of said Bureau, to be appointed by the President. There shall also be in the Bureau a Deputy Commissioner, to be appointed by the President, and a Chief Clerk, who shall perform the duties of Chief Clerk and such other duties as may be assigned to him by the Secretary of Commerce or by the Commissioner. There shall also be in the Bureau such inspectors, clerical assistants, and other employees as may from time to time be authorized by Congress. The Commissioner of Lighthouses shall make an annual report to the Secretary of Commerce, who shall transmit the same to Congress at the beginning of each regular session thereof. The Commissioner of Lighthouses, subject to the approval of the Secretary of Commerce, is authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed the sum of $500, occasioned by collisions, for which collisions vessels of the Lighthouse Service shall be found to be responsible, and report the amounts so ascertained and determined to be due to the claimants to Congress at each session, thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress thereof." SEC. 5. That so much of section 20 of the Act approved May 28, 1935 (Public, Numbered 81, Seventy-fourth Congress), entitled "An Act to authorize the Secretary of Commerce to dispose of certain lighthouse reservations, and for other purposes", as reads "to convey to the town of Southold, State of New York" is hereby amended to read "to convey to the Southold Park District in the town of Southold, State of New York."

SEC. 6. The Secretary of Commerce is authorized to convey to the State of Florida for public-roadway purposes an additional portion of the Crooked River Range Lighthouse Reservation, Florida, thirty-four feet in width and approximately five hundred feet in length adjoining the strip of land conveyed pursuant to section 4 of the Act approved May 28, 1935 (Public, Numbered 81, Seventyfourth Congress), to provide for a roadway one hundred feet in width across the

reservation. The deed of conveyance shall describe by metes and bounds the portion of the reservation transferred and the conditions imposed by section 36 of the Act of May 28, 1935 (Public, Numbered 81, Seventy-fourth Congress). Jan. 12, 1938, ch. 3, § 1, 52 Stat. 4..

T. 14 §§ 237, 244

That any commissioned officer of the Coast Guard, who, in accordance with regulations prescribed by the Secretary of the Treasury, heretofore has been or hereafter may be placed out of the line of promotion, may, at his own request (a) if his commissioned service is ten years or more, be placed upon the retired list with retired pay as prescribed by section 3 hereof, or (b) if his commissioned service is less than ten years, resign from the Coast Guard with one year's pay computed at the rate of pay he was receiving on the date of his resignation.

Jan. 12, 1938, ch. 3, § 2, 52 Stat. 4.

T. 14 § 235

The Secretary of the Treasury, at the direction of the President, shall assemble annually a Coast Guard Personnel Board, to be composed of not less than three commissioned officers on the active list of the Coast Guard, to select the officers, if any, whom the Board determines should be retired or placed out of the line of promotion, and to make recommendations with respect thereto. The proceedings and decisions of the Personnel Board shall be transmitted to the Commandant of the Coast Guard for review. If the Commandant shall approve the recommendation of the Personnel Board, the officer concerned shall be notified in writing of the action taken in his case, and he shall be entitled to have his case reconsidered by such Board, if, within thirty days after he receives notice as aforesaid, he files with the Commandant a written protest of the action taken, or appears, either in person or by counsel, before the Personnel Board: Provided, That no case shall be twice reconsidered by the Personnel Board. If the Commandant shall disapprove the recommendation of the Personnel Board, he shall transmit the same with his recommendation to the Secretary of the Treasury for final action. If the Secretary of the Treasury shall concur in the decision of the Commandant, the case shall be terminated, and the officer concerned shall retain his status in the Coast Guard to the same extent as if his case had not been considered. If the Secretary of the Treasury shall disapprove the recommendation of the Commandant and approve that of the Board, the officer concerned shall be notified as aforesaid, and shall be entitled to have his case reconsidered by the Personnel Board, subject to the same conditions as herein before provided. At the expiration of thirty days after receipt of any officer concerned of notice of the action taken in his case, in the event no protest is filed or appearance made as provided in this section, the recommendation of the Personnel Board, as approved by the Commandant or by the Secretary of the Treasury, as the case may be, shall be laid before the President by the latter with his recommendation. In the event of the reconsideration of the case of any officer, the Personnel Board shall, after carefully considering additional evidence, if any, submit its supplemental report and final recommendation in the case to the Commandant, who shall transmit the same with his recommendations to the Secretary of the TreasThe Secretary of the Treasury shall lay the same before the President accompanied by his recommendation in the case. When considering the record of any officer of the Coast Guard, the Personnel Board shall give major importance to reports upon the officer made, in accordance with regulations prescribed by the Secretary of the Treasury, by his seniors. The President may, in any calendar year, pursuant to any recommendation so laid before him:

ury.

(a) Place out of the line of promotion such number of lieutenant commanders on the active lists as will not exceed the whole number nearest to 2 per centum of the officers in that grade as of January 1 of such year; except that such limitation shall not be construed to limit the number of lieutenant commanders who may be placed out of the line of promotion, in accordance with regulations prescribed by the Secretary of the Treasury, for failing to establish their mental, moral, and professional fitness for promotion, as required by existing law.

(b) Place upon the retired list such number of commissioned officers who have had thirty or more years of service as will not exceed the whole number nearest to 5 per centum of the number of officers falling within that classification on January 1 of such year.

(c) Place upon the retired list any officer who has been placed out of the line of promotion and who has had ten years or more of commissioned service. Jan. 12, 1938, ch. 3, § 3, 52 Stat. 5.

T. 14 § 423

The annual pay of any officer who is retired under the provisions of this Act shall be 22 per centum of his active-duty pay at the time of his retirement, multi

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