Page:United States Statutes at Large Volume 54 Part 1.djvu/281

 76TH CONG. , 3D SESS.-CH. 257-JUNE 6, 1940 Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Assistant Commandant shall be selected from the active list of line officers not below the grade of commander, and such appointment shall not create a vacancy; and the Commandant of the Coast Guard shall make recommendations for the appointment of the Assistant Commandant. The Assistant Commandant shall have the rank of rear admiral and the pay and allowances of a rear admiral (lower half): Provided, That an officer whose term of service as Assistant Commandant has expired shall take his place on the lineal list in the grade that he would have attained had he not served as Assistant Commandant: Providedfurther,That any officer who was serving on February 15, 1940, or shall thereafter serve, as Assistant Commandant shall, when retired, whether before or at any time after the termination of his service as Assistant Commandant, be retired with the rank of rear admiral and the retired pay of a rear admiral (lower half)." SEC. 4 . Section 2 of the Act of May 4, 1882 (22 Stat. 56), as amended and supplemented (U. S. C., 1934 edition, title 14, sec. 93), is hereby further amended to read as follows: "The Secretary of the Treasury, on the recommendation of the Commandant of the Coast Guard, may discontinue from time to time any Coast Guard station, house of refuge, or light station, as may from any cause become useless or unnecessary. Any Coast Guard station, house of refuge, or light station, thus discontinued, may be reestab- lished by the Secretary of the Treasury, upon like recommendation, whenever he believes such reestablishment to be required by the public interest." SEC. 5. Section 4674 of the Revised Statutes, as amended and supplemented (U. S . C., 1934 edition, title 33, sec. 742), is hereby repealed. SEC. 6. Section 7 of the Act of May 14, 1908 (35 Stat. 162), as amended and supplemented (U. S. C., 1934 edition, title 33, sec. 741), is hereby repealed. SEC. 7. The provisions of section 6 of the Act approved June 20, 1918 (40 Stat. 608), as amended and supplemented (U. S . C., 1934 edition, Supp. V, title 33, secs. 763 and 763a-1), shall not apply to persons of the Coast Guard other than officers and employees of the former Lighthouse Service who, on June 30, 1939, met the requirements for retirement (except those relating to age and period of service) of said section. SEC. 8. Section 4 of the Coast Guard Reserve Act of 1939, approved June 23, 1939 (53 Stat. 855; U. S . C., 1934 edition, Supp. V, title 14, sec. 254), is hereby amended to read as follows: "SEC. 4. The Coast Guard is authorized to utilize in the conduct of duties incident to the saving of life and property, or in the patrol of marine parades and regattas, any motorboat or yacht temporarily placed at its disposition for any of such purposes by any member of the Reserve: Provided, That no such motorboat or yacht shall be assigned to any such Coast Guard duty unless it is placed in charge of a commissioned officer, chief warrant officer, warrant officer, or petty officer of the Coast Guard during such assignment: Provided further, That appropriations for the Coast Guard shall be available for the payment of actual necessary expenses of operation of any such motorboat or yacht when so utilized, but shall not be available for the payment of compensation for personal services, incident to such operation, to other than the personnel of the regular Coast Guard. The term 'actual necessary expenses of operation', as used herein, shall include fuel, oil, water, supplies, provisions, and any replacement or repair of equipment or any repair of the motorboat or yacht where, upon investigation by a board of not Selection. Rank, etc. Provisos. On expiration of term of service; pro- cedure. Rank, etc., when retired. Discontinuance of Coast Guard stations, etc. Reestablishment. Discontinuance and reestablishment of lights. Annual report on unnecessary aids to navigation. Nonapplication of certain retirement provisions to persons of Const Guard; ex- ception. Coast Guard Re- serve. Utilization by Coast Guard of motorboats, etc., of members of. Provisos. Commissioned, etc.. officer of Coast Guard to be in charge during assignment. Expenses of opera- tion; restriction on use of funds. "Actual necessary expenses of operation" defined. 54 STAT. ] 247

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