56 STAT.] 77TH CONG., 2D SESS.-CH. 547-AUG. 4 , 1942 may be suspended during war or national emergency when the President shall so direct, as to all officers who were formerly enlisted in the grade of aviation cadet or transferred to that enlisted grade more than thirty days after the date of approval of this Act. SEC. 13. The pay and allowances of aviation cadets of the Naval Funds avaiable for Reserve and Marine Corps Reserve and the premiums on their life insurance shall be paid from the current appropriations "Naval Reserve" and "Pay, Marine Corps", respectively. The pay and allow- ances of officers commissioned pursuant to this Act or to the Naval Aviation Reserve Act of 1939 (53 Stat. 819), while serving on con- 34 U.. S. . 849 tinuous active duty next following the date of such commissioning, n°era. shall be paid from appropriations "Pay, subsistence, and transporta- tion of naval personnel" and "Pay, Marine Corps", except for those officers ordered to active duty pursuant to authority contained in the exception in section 10 of this Act, the pay and allowances of which officers shall be paid from appropriations for "Naval Reserve" and "Pay, Marine Corps". SEC. 14 . No back pay or allowances shall be deemed to have accrued No back pay etc under the provisions of this Act prior to its enactment: Provided, iation cadets pr- That aviation cadets previously appointed by the Secretary of the viously appointed. Navy, as distinguished from aviation cadets enlisted under the pro- visions of this Act, shall continue to serve under such appointments until commissioned or discharged from the naval service, and the active service of such aviation cadets shall be considered as com- missioned service for the purpose of computing increases in pay of commissioned officers on account of length of service. SEC. 15. (a) The Act of April 15, 1935 (49 Stat. 156), as amended, 4 Upp- fi. 842 - is hereby repealed. (b) The Naval Aviation Reserve Act of 1939 (53 Stat. 819), as 34U.S.C.1849note. amended, is hereby repealed. (c) Section 6 of the Naval Aviation Personnel Act of 1940 (54 34U.S.C. I 849d- 1 Stat. 865), is hereby repealed. (d) The Act approved June 24, 1941 (Public Law 128, Seventy- 5 Sat. 26, supp. 34 U.S. C., Sup8. seventh Congress, first session), is hereby repealed. I, 842, 8S3c. (e) Section 5 of the Naval Reserve Act of 1938 (52 Stat. 1176), as amended by section 12 (d) of the Naval Aviation Reserve Act of 1939 (53 Stat. 821), and by section 2 of an Act approved June 24, 1941 (Public Law 128, Seventy-seventh Congress, first session), is 34St. 26. supp. I, hereby amended by deleting therefrom the first proviso thereof, so s s3. that such section as hereby amended, shall read: "SEC. 5 . Any member of the Naval Reserve, including those on NavalR eserve. the honorary retired list created by section 309, title III, of this of war or nationa Act, or who may have been retired, may be ordered to active duty by 2 Stan 113. the Secretary of the Navy in time of war or when in the opinion of 34 - 8 - C-1 85 ih - the President a national emergency exists and may be required to perform active duty throughout the war or until the national emer- gency ceases to exist; but in time of peace, except as otherwise pro- n time of peace. vided in this Act, he shall be ordered to or continued on active duty with his own consent only: Provided, That the Secretary of the Navy Prov"o may release any member from active duty either in time of war or in time of peace." (f) Section 7 of the Naval Reserve Act of 1938 (52 Stat. 1177) 34U. .c.i853e. is hereby amended by deleting therefrom the first proviso thereof and by changing the words "Provided further" immediately follow- ing such first proviso to read "Provided,". (g) The second sentence of section 305 of the Naval Reserve Act of 1938 (52 Stat. 1182) is hereby amended by deleting therefrom the 34U- S -c . 85-5 words "aviation and" so that said sentence as amended shall read: "Warrant officers, merchant marine cadets, and midshipmen shall be 739
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