EDITORIAL NOTES This section was expressly amended to read as above by a joint resolution of Feb. 29, 1936, ch. 105, 49 Stat. 1152. Further amendment was made by Reorganization Plan No. III, sec. 2, 54 Stat. 1232, effective June 30, 1940, which abolished the Federal Alcohol Administration, the offices of the members thereof, and the office of the Administrator, and provided that their functions should be administered under the direction and supervision of the Secretary of the Treasury through the Bureau of Internal Revenue. This section, as amended, is embodied in the U.S. Code as sec. 203 of title 27. The first section of this act provides that the act may be cited as the "Federal Alcohol Administration Act". Sec. 2 of this act established the Federal Alcohol Administration and prescribed its functions and duties. Sec. 4 of this act contains detailed provisions relative to permits. Sec. 7 of this act defines the jurisdiction of the federal courts with respect to offenses under this act and prescribes penalties therefor. Sec. 17 of this act contains definitions of terms employed therein. sixth paragraph thereof reads as follows: "(6). The term 'distilled spirits' means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. 11. The The introduction, possession or use of alcoholic liquors within navy yards and other specified places are governed by provisions in U.S. Navy Regulations, 1920, and Gen. Order No. 59, May 13, 1935. CROSS REFERENCES Distilled spirits only as medical stores: see sec. 1624, R.S., art. 13. Premises prohibited for distilling: see the Internal Revenue Code, act of Feb. 10, 1939, ch. 2, sec. 2819, 53 Stat. 314. Registry of stills: see the Internal Revenue Code, act of Feb. 10, 1939, ch. 2, sec. 2810, 53 Stat. 308, as amended. Restriction upon transportation or importation of intoxicating liquors: see the Constitution, Twenty-first Amendment, sec. 2. Shipping unlabeled packages of intoxicating liquors in interstate commerce: see the Criminal Code, act of Mar. 4, 1909, ch. 321, sec. 240, 35 Stat. 1137, as amended. Transportation of intoxicating liquors into a State where sale is prohibited: see the Liquor Enforcement Act of 1936, approved June 25, 1936, ch. 815, sec. 3, 49 Stat. 1928. 1936, Jan. 16. Rank, on retired list, of certain officers of Navy and Marine Corps commended for performance of duty in combat during World War I.7 That all officers of the Navy and Marine Corps who have been retired or who may hereafter be retired for physical disability and who have been commended for their performance of duty in actual combat with the enemy during the World War by the head of the executive department under whose jurisdiction such duty was performed shall be placed upon the retired list with the rank of the next higher grade: Provided, That such promotion shall not carry with it any increase in pay.--(49 Stat. 1092, ch. 2.) 1936, Jan. 16. Retirement and retirement annuities of civilian members of teaching staffs at Naval Academy and Postgraduate School. Annuity policies for civilian members of teaching staffs. That civilian members of the teaching staffs of the United States Naval Academy and Postgraduate School, whose employment commences from and after the date of approval of this Act, shall, as a part of their contracts of employment, be required to carry, during such employment, a deferred annuity policy, having no cash surrender or loan provision, from a joint-stock life insurance corporation, incorporated under the laws of any State of the United States, which has a charter restriction that its business must be conducted without profit to its stockholders.--(49) Stat. 1092, ch. 3.) Sec. 2. Manner of purchase of annuity policies; credit allowed. Toward the purchase of said deferred annuity, each member of such teaching staffs shall be required to register a monthly allotment through the Navy Allotment Office, Navy Department, Washington, District of Columbia, equivalent in amount to 10 per centum of his monthly basic salary: Provided, That for each month such allotment is registered, the pay accounts of such member shall be credited monthly from such appropriations as may be made for this purpose with an additional sum equivalent to 5 per centum of his monthly basic salary. --(49 Stat. 1092, ch. 3.) Sec. 3. Retiring age for civilian members of teaching staffs; extension. The retiring age for all civilian members of the teaching staffs set forth in this Act shall be the 30th day of June following their sixty-fifth birthday, or any date between their sixty-fifth birthday and the following 30th day of June upon which their employment may be terminated: Provided, That in the discretion of the Secretary of the Navy, such retiring age may be extended to not beyond the seventieth birthday in individual and special cases.-(49 Stat. 1092, ch. 3.) Sec. 4. Retirement benefits. Civilian members of the teaching staffs of the Naval Academy and Postgraduate School, who are so employed on the date of approval of this Act, may, at their own request, if made within sixty days thereafter to the Secretary of the Navy, participate in the benefits under the provisions of sections 1 and 2 of this Act. Each such member of the teaching staffs who so participates and who, upon reaching the date of retirement as set forth in section 3 of this Act has an insufficient accumulation of premium payments to his credit to have purchased for him an annuity of $1,200 per annum, shall be paid by the Secretary of the Navy from such appropriations as may be made for such purpose such amounts that, together with his purchased annuity, will make his total annuity $1,200 per annum. Each such member of the teaching staffs, who so participates and who is forced to retire for physical incapacity prior to his reaching the prescribed retirement age, shall be paid by the Secretary of the Navy, from such appropriations as may be made for such purpose, such amounts which together with his purchased annuity, will make his total annuity equivalent to an amount, not exceeding $1,200 per annum, which would have been due him had the provisions of this Act been in effect on the date of his original employment: Provided, That each such member of the teaching staffs who is so employed on the date of approval of this Act and who is entitled to retirement and retirement benefits under the provisions of the Civil Service Retirement Act of 1920, as amended, may elect to continue thereunder, or he may elect to participate in the benefits under the provisions of this section; but in the event that he elects to participate in the benefits under the provisions of this section, no further deductions shall be made from his pay for credit to the civil-service retirement fund, and the Civil Service Commission shall close his account with such fund under the same provisions as though he voluntarily separated himself from the Federal service, except that the amount of such credit will be retained in the civil-service retirement fund and remain subject to claim by, and payment to, him, his beneficiary, or his estate only in the event of his separation from the Federal service by death or otherwise before retirement under the provisions of this Act, and then only in the amount by which such credit exceeds the total amount of 5 per centum of his basic salary which may have been credited to his monthly pay accounts under the provisions of section 2 of this Act.--(49 Stat. 1092-1093, ch. 3.) Sec. 4A. Computation of life annuity; payment of additional sums on policies in effect; reduction of annuities. Each civilian member of the teaching staffs who is hereafter retired on or after reaching the age of retirement set forth in section 3 of this Act shall be paid a life annuity, terminable on his death, at the rate of the following total annual amount: The average annual basic salary, pay, or compensation received by such civilian teacher during any five consecutive years of allowable service at the option of such teacher, multiplied by the number of years of service, not exceeding thirty-five years, and divided by seventy. The retirement annuity payable to each such retired teacher, under any annuity policy provided for by this Act, or under the provisions of section 4 of this Act, shall be counted as payable on account of the retirement annuity provided in this section 4A, and the Secretary of the Navy shall pay to each such retired teacher, from such appropriations as may be made for the purpose, such additional sums, if any, as will bring the total annual sum paid to such retired teacher to the total annual amount prescribed in this section 4A: Provided, That nothing herein contained shall operate to reduce the retirement annuity which would have been payable to any such retired teacher if this section had not been enacted: And provided further, That no payments under this section shall be made to any member of said staffs who shall be entitled to retirement and retirement benefits under the provisions of the Civil Service Retirement Act of 1920, as amended, and shall elect, or shall have elected, to continue thereunder.--(57 Stat. 594-595, ch. 331.) Sec. 5. Applicability of act. Civilian members of the teaching staffs of the Naval Academy and Postgraduate School shall include Instructors, assistant chief instructors, chief instructors, assistant professors, associate professors, professors, and senior professors.--(49 Stat. 1093, ch. 3; 57 Stat. 595, ch. 331.) Sec. 6. Regulations; appropriations. The Secretary of the Navy is authorized and directed to make such regulations as may be necessary to carry out the provisions of this Act. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions of this Act.--(49 Stat. 1093, ch. 3.) EDITORIAL NOTES Sec. 4A of this act was inserted by the first section of an act of Nov. 28, 1943, ch. 331, 57 Stat. 594-595. Sec. 5 of this act was expressly amended to read as above by sec. 2 of the act of Nov. 28, 1943, supra. This act, as amended, is embodied in the U.S. Code as secs. 1073, 1073a, 1073b, 1073c, 1073c-1, 1073d and 1073e of title 34. CASE NOTES Scope and operation of statute.- "Under the terms of the act of January 16, 1936, the monthly allotment required to be registered by a member of the teaching staff of the Naval Academy toward the purchase of the annuity policy is 'equivalent in amount to 10 per centum of his monthly basic salary' in which event 'the pay accounts of such member shall be credited monthly from such appropriations as may be made for this purpose with an additional "The term 'monthly basic salary', as used in Retired naval officers who are employed as civilian professors or instructors at the Naval Academy and Postgraduate School are not 'civilian' members of the teaching staffs of the Naval Academy and Postgraduate School. (15 Comp. Gen. 1099, June 16, 1936.) 1936, Feb. 13. Adjustment and settlement of claims for personal injury or death caused by Government officers and employees in foreign countries.7 That when any act of omission of any officer, employee, or agent of the Government of the United States, including all officers, enlisted men, and employees of the Army, Navy, and Marine Corps, results in the personal injury or death of any person, not an American national, in any foreign country in which the United States exercises privileges of extraterritoriality, the Secretary of State may consider, adjust, and determine any claim, arising after the passage of this Act, for the damage occasioned by such injury or death in an amount not in excess of $1,500, United States currency, in any one case, and such amount as may be found to be due to any claimant shall be certified to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount allowed: Provided, That this authorization shall not apply to cases of persons in the employ of the United States: Provided further, That no claim shall be considered under this Act by the Secretary of State unless presented to him within one year from the date of the accrual of said claim: · And provided further, That acceptance by any claimant of the amount determined under the provisions of this Act shall be deemed to be in full settlement of such claim against the Government of the United States.--(49 Stat. 1138, ch. 67.) EDITORIAL NOTES This act was amended by act of July 3, 1943, ch. 189, sec. 7, 57 Stat. 374, which provided that this act "shall hereafter be inapplicable to acts of officers, enlisted men, and employees of the Army, and officers, employees, or agents of the This act is embodied in the U.S. Code as sec. 224a of title 31. 1936, Feb. 15. Protection and preservation of domestic sources of tin. Declaration of policy. That, in the interest of national defense, it is hereby declared to be the policy of Congress and the purpose and intent of this Act to protect, preserve, and develop domestic sources of tin, to restrain the depletion of domestic reserves of tin-bearing materials, and to lessen the present costly and dangerously dependent position of the United States with respect to resources of tin.--(49 Stat. 1140, ch. 74.) Sec. 2. Restriction on exportation of tin-plate scrap. There shall not be exported from the United States after the expiration of sixty days from the enactment of this Act any tin-plate scrap, except upon license issued by the President of the United States. The President is authorized to grant licenses upon such conditions and regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity.--(49 Stat. 1140, ch. 74.) Sec. 3. Penalties for violations. Any violations of the provisions of this Act shall be a misdemeanor and shall be punished by a fine of not more than $500 or by imprisonment of not more than one year, or by both such fine and imprisonment.--(49 Stat. 1140, ch. 74.) 1936, Feb. 27. Midshipmen from "honor schools” and Naval Reserve Officers' Training Corps. The Secretary of the Navy is authorized to appoint not more than twenty midshipmen annually to the Naval Academy from among the honor graduates of educational institutions which are designated as "honor schools" by the War Department in accordance with the provisions of the Act of July 9, 1918 (40 Stat. 894), as amended (10 U. S. C. 1091), or by the Navy Department in accordance with regulations established by the Secretary of the Navy, and from among the members of the Naval Reserve Officers' Training Corps: Provided, That such appointments shall be made under such rules and regulations as the Secretary of the Navy may prescribe.--(49 Stat. 1144, ch. 89; 55 Stat. 246, ch. 175.) EDITORIAL NOTES This act was expressly amended to read as above by act of June 6, 1941, ch. 175, 55 Stat. 246. This act, as amended, is embodied in the U.S. Code as sec. 1033a of title 34. The term "honor schools" is defined in the act of July 9, 1918, ch. 143, subch. XXII, 40 Stat. 994, as amended, as meaning "educational institutions having officers of the Regular Army Regulations governing admission of candidates into the Naval Academy as midshipmen are contained in Regulations Governing the Admission of Candidates into the United States Naval Academy as Midshipmen. CROSS REFERENCE Naval Reserve Officers' Training Corps: act of Mar. 4, 1925, ch. 536, sec. 22, 43 Stat. 1276-1277, as amended. see 1936, Mar. 14. Annual leave for civil officers and employees; regulations governing hours of labor. ZAnnual leave rights of civil officers and employees. That with the exception of teachers and librarians of the public schools of the District of Columbia and officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, and except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, regardless of their tenure, in addition to any accrued leave, shall be entitled to twenty-six days' annual leave with pay each calendar year, exclusive of Sundays and holidays: Provided, That the part unused in any year shall be accumulated for succeeding years until it totals not exceeding sixty days: Provided further, That during the national emergency declared by the President of the United States on September 8, 1939, the leave unused by the employees of the departments, independent establishments, and agencies, not in other form commuted or compensated, shall be accumulated for succeeding years until it totals not exceeding ninety days: And provided further, That when the unused leave accumulated equals or exceeds sixty days in the aggregate, not more than fifteen days of unused leave may be further accumulated in any one calender sic year. This Act shall not affect any sick leave to which employees are now or may hereafter be entitled. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to two and one-half days leave for each month of service. The annual leave herein authorized shall be granted at such times as the heads of the various departments and independent establishments may prescribe. This Act becomes effective January 1, 1936.--(49 Stat. 1161, ch. 140; 56 Stat. 1052, ch. 737.) Sec. 2. Regulations governing hours of labor. Each head of a department or independent establishment shall issue general public regulations, not inconsistent with law, setting forth the hours of duty per day and per week for each group of employees. Before issuing such regulations, which shall be issued withIn three months from the date of approval of this Act, the heads of departments and independent establishments shall meet and consult among themselves and make such regulations as nearly uniform as possible so that all employees, temporary or permanent, in all departments and independent establishments shall receive like treatment as nearly as may be practicable: Provided, That heads of departments and independent establishments may appoint a subcommittee to draft such regulations.--(49 Stat. Î161, ch. 140.) Sec. 5. Leave differential for employees outside continental limits of the United States. Nothing in this Act shall be construed to prevent the continuance of any existing leave differential now obtaining for the benefit of employees of the Federal Government stationed outside the continental limits of the United States. --(49 Stat. 1161, ch. 140.) Sec. 7. Regulations relating to annual leave. The leave of absence herein provided for shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act.--(49 Stat. 1162, ch. 140.) EDITORIAL NOTES. The first section of this act was expressly amended to read as above by act of Dec. 17, 1942, ch. 737, 56 Stat. 1052, which added two provisos to the first sentence. The sections of this act which are set out above are embodied in the U. S. Code as secs. 30b, 29a, 30c and 30e of title 5. By act of June 28, 1940, ch. 440, sec. 7, 54 Stat. 679, which became inoperative on June 30, 1942, the following section was added to this act: "Seo. 8. Employees of the Navy Department and the Naval Establishment and of the Coast Guard may, during the period of the national emergency declared by the President on September 8, 1939, to exist, be employed during the time they would otherwise be on vacation without deprivation of their vacation pay for the time so worked. Employees who forego their vacations in accordance with the provisions of this section may be paid, in addition to their regular pay, the equivalent of the pay they would have drawn during the period of such vacation. visions of this section shall be applicable only to employees whose services at the time cannot, in the judgment of the Secretary of the Navy or the Secretary of the Treasury, as the case may be, be spared without detriment to the national defense." The pro The above-quoted section was supplemented by an act of June 3, 1941, ch. 168, sec. 3, 55 Stat. 242, which provided, in part, that "section 7 of the act of June 28, 1940 (Public, Numbered 671), shall be administered in accordance with such rules and regulations as the President may prescribe." Exec. Order No. 8817, July 5, 1941, 6 F.R. 3265, was issued under authority of sec. 3 of the act of June 3, 1941, supra. Regulations supplementing this act have been promulgated in the following orders: Exec. Order No. 7321, Mar. 21, 1936; Exec. Order No. 7409, July 9, 1936, 1 F.R. 766-767; Exec. Order No. 7845, Mar. 21, 1938, 3 F.R. 612, as amended by Exec. Order No. 7879, May 9, 1938, 3 F. R. 905, and Exec. Order No. 8226, Aug. 24, 1939, 4 F. R. 3722; Exec. Order No. 8384, Mar. 29, 1940, 5 F.R. 1253, as amended by Exec. Order No. 9307, Mar. 3, 1943, 8 F.R. 2697, and Exec. Order No. 9371, Aug. 24, 1943, 8 F.R. 11887; and Exec. Order No. 9414, Jan. 13, 1944, 9 F. R. 623-627. The Civil Service Commission is authorized, by sec. 7.1 of Exec. Order No. 9414, "for the period of the war, to promulgate amendments to the regulations contained in that order. The amended regulations promulgated by the Civil Service Commission pursuant to such authority, are contained in the Code of Federal Regulations. Answers to questions concerning the application of the regulations promulgated by Exec. Order No. 9414 are contained in the following: 23 Comp. Gen. 638, Feb. 29, 1944; 23 Comp. Gen. 677, Mar. 16, 1944; 23 Comp. Gen. 731, Mar. 29, 1944; 23 Comp. Gen. 789, Apr. 15, 1944; 23 Comp. Gen. 837, May 2, 1944; 23 Comp. Gen. 841, May 4, 1944; 23 Comp. Gen. 848, May 5, 1944; 23 Comp. Gen. 904, May 29, 1944; 24 Comp. Gen. 134, Aug. 17, 1944; and 24 Comp. Gen. 143, Aug. 21, 1944. 1936, Mar. 14. Sick leave for civil officers and employees. In general. That after January 1, 1936, except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, other than teachers and librarians of the public schools of the District of Columbia and officers and members but not the civilian personnel of the police and fire departments of the District of Columbia and other than officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, shall be entitled to sick leave with pay regardless of their tenure, as described herein.--(49 Stat. 1162, ch. 141.) Sec. 2. Cumulation of sick leave. On and after January 1, 1936, cumulative sick leave with pay, at the rate of one and one-quarter days per month, shall be granted to all civilian officers and employees, the total accumulation not to exceed ninety days. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to one and one-quarter days sick leave for each month of service: Provided, That all such employees shall furnish certificates satisfactory to the head of the appropriate department or independent establishment.--(49 Stat. 1162, ch. 141.) Sec. 3. Advancement of sick leave. Administrative officers may advance thirty days sick leave with pay beyond accrued sick leave in cases of serious disability or ailments and when required by the exigencies of the situation.--(49 Stat. 1162, ch. 141.) Sec. 5. Leave differential for employees outside continental United States. Nothing in this Act shall be construed to prevent the continuance of any existing leave differential now obtaining for the benefit of employees of the Federal Government stationed outside the continental limits of the United States.--(49 Stat. 1162, ch. 141.) Sec. 7. Regulations relating to sick leave. The leave of absence herein provided for shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act.--(49 Stat. 1162, ch. 141.) EDITORIAL NOTES The sections of this act which are set out above are embodied in the U. S. Code as secs. 30f, 30g, 30h, 301, and 30k of title 5. Regulations supplementing this act have been promulgated in the following orders: Exec. Order No. 7321, Mar. 21, 1936; Exec. Order No. 7410, July 9, 1936, 1 F.R. 767-769; Exec. Order No. 7846, Mar. 21, 1938, 3 F.R. 614, as amended by Exec. Order No. |