[54 STAT. PUBLIC LAWS-CH. 257-JUNE 6, 1940 [CHAPTER 257] AN ACT [Hi. 9.531 To amend and clarify certain Acts pertaining to the Coast Guard, and for other [Public, No. 564] purposes. Be it enacted by the Senate and House of Representatives of the Coast Guard. United States of America in Congress assembled, That (a) the first proviso of section 2 of the Act of January 12, 1923 (42 Stat. 1130), as amended (U. S . C., 1934 edition, Supp. V, title 14, sec. 161), is Proiso.dat; hereby further amended to read as follows: "Provided, That any tirement; rank and officer who has served or shall hereafter serve as Commandant, if pay - 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 of rear admiral and the 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 of rear admiral and the retired pay of a rear admiral (lower On expiration of half), and that any officer whose term of service as Commandant term of service; pro- cedure. 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 attained had he not served as Commandant, and be an additional number in such grade and in the grades to which he may be promoted:" (b) The second and third provisos of section 2 of the Act of Janu- ary 12, 1923 (42 Stat. 1130), as amended (U. S. C ., 1934 edition, Supp. V, title 14, sec. 12), are hereby further amended to read as 3oEOin chief; follows: "Provided further, That the engineer in chief, while so serv- .; selec ing, shall have the ranetc.; lek of rear admiral and the pay and allowances tion. of a rear admiral (lower half), and hereafter the engineer in chief shall be selected from the active list of engineering officers not below Rank, etc., when the grade of commander: Provided further, That any officer who was serving on February 15, 1940, or shall thereafter serve, as engineer in chief shall, when retired, whether before or at any time after the termination of his service as engineer in chief, be retired with the rank of rear admiral and the retired pay of a rear admiral (lower On expiration of half), and that any officer whose term of service as engineer in chief term of service; pro- cedure. has expired shall take the place on the lineal list in the grade that he would have attained had he not served as engineer in chief, and be an additional number in such grade and in the grades to which he may be promoted:". Rank, etc., of cap SEO. 2. Section 3 of the Act of January 12, 1923 (42 Stat. 1131), taim retiring after 40 years' service. as amended (U. S . C ., 1934 edition, title 14, sec. 174), is hereby fur- 14U.S v, S7.C", "pther amended by striking out so much of the second proviso thereof 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 of rear admiral and the retired pay of a rear Commodores. 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 rear admiral, without any increase in pay by reason of such change in rank." SEC. 3. Section 1 of the Act of April 16, 1908 (35 Stat. 61), as amended and supplemented (U. S. C., 1934 edition, Supp. V, title 14, secs. 11 and 11 (a)), is hereby further amended by changing the last paragraph thereof to read as follows: Assistant Comman- "The President is authorized to appoint in the Coast Guard, by and Appointment;term. with the advice and consent of the Senate, one Assistant Commandant who shall serve for a term of four years unless sooner relieved by the Duties. Presiden t . The Assistant Commandant shall perform such duties as the Commandant of the Coast Guard may prescribe and shall act as 246
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