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88TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

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DOCUMENT
No. 285

AMENDMENTS TO THE REQUEST FOR APPROPRIATIONS FOR FOREIGN ASSISTANCE-ECONOMIC AND MILITARY ASSISTANCE

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AMENDMENTS TO THE REQUEST FOR APPROPRIATIONS TRANSMITTED IN THE BUDGET FOR 1965 FOR FOREIGN ASSISTANCEECONOMIC AND MILITARY ASSISTANCE

March 24, 1964.-Referred to the Committee on Appropriations and ordered to be printed

THE WHITE HOUSE, Washington, March 24, 1964.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: I have the honor to transmit herewith for the consideration of the Congress amendments to the request for appropriations transmitted in the budget for 1965 for foreign assistance-economic and military assistance. These amendments do not change the total amount requested for these programs.

The details of these amendments, the necessity therefor, and the reasons for their submission at this time are set forth in the attached letter from the Director of the Bureau of the Budget, with whose comments and observations thereon I concur.

Respectfully,

LYNDON B. JOHNSON.

THE PRESIDENT,
The White House.

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET, Washington, D.C., March 23, 1964.

SIR: I have the honor to submit herewith for your consideration, amendments to the request for appropriations transmitted in the budget for 1965 for foreign assistance-economic and military assistance as follows:

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58

58

58

64

306

Military assistance..

(Insert the above heading and the following paragraph thereunder immediately preceding the heading "Economic Assistance") Military assistance: For expenses authorized by section 504(a) of the Foreign Assistance Act of 1961, as amended, including administrative expenses authorized by section 636(g) (1) of such Act, which shall not exceed [$24,000,000] $23,500,000 for the current fiscal year, and purchase of passenger motor vehicles for replacement only for use outside the United States: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States, $1,000,000,000. American schools and hospitals abroad.. International organizations and programs.. Administrative expenses..

Development loans..

Military assistance, Defense..

(Delete the above heading and the paragraph
thereunder.)

343

General provisions-Military assistance.

(Delete the above heading and the paragraph
thereunder.)

$12, 000, 000 135,600,000 54, 500,000 925, 000, 000 1,000, 000, 000

$1,000,000,000 $1,000,000,000

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These amendments to the budget reflect changes in program and administrative plans within the 1965 budget allowances for foreign assistance economic. The increase among the economic assistance appropriations is to provide funds for the construction of the hospital at the medical center at the American University of Beirut. Offsetting reductions are proposed for appropriations financing Agency for International Development administrative expenses, voluntary contributions to international organizations, and development lending. The military assistance changes reflect your decision to continue current administrative arrangements and responsibilities for the military assistance program.

I recommend that the foregoing amendments to the budget for the fiscal year 1965 be transmitted to the Congress.

Respectfully yours,

KERMIT GORDON, Director of the Bureau of the Budget.

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88TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

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DOCUMENT
No. 286

JURISDICTION OF COURT OF CLAIMS OVER CLAIM OF R. GORDON FINNEY, JR.

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

RETURNING

WITHOUT APPROVAL, H.R. 1761, A BILL TO CONFER JURISDICTION ON THE COURT OF CLAIMS TO HEAR, DETERMINE, AND RENDER JUDGMENT UPON THE CLAIM OF R. GORDON FINNEY, JR.

MARCH 24, 1964.--Referred to the Committee on the Judiciary and ordered to be printed

To the House of Representatives;

I return, without my approval, H.R. 1761, a bill to confer jurisdiction on the Court of Claims to hear, determine, and render judgment upon the claim of R. Gordon Finney, Jr.

This bill would permit Mr. Finney to claim a salary for the years between 1946 and 1953, when he was not employed by the Federal Government. He had occupied a temporary position with the Federal Government between 1933 and 1942, when he entered the armed services. Mr. Finney first raised this question in 1960.

At present, the statute of limitations bars claims not raised within 6 years of the date they accrue. Mr. Finney seeks relief from the effect of this statute on the ground that he was under the impression that an opinion of the Attorney General, announced in 1945, prevented him from successfully asserting a right to reemployment by the Federal Government at the conclusion of his military service. He therefore sought and found private employment. He was unaware of a subsequent opinion by the Attorney General in 1946, which indicated he had reemployment rights after his military service.

The record does not disclose any reason for the 14-year delay in filing the back salary claim. The statute of limitations is designed to give finality to actions after a reasonable period of time. To permit Mr. Finney to assert a claim now would not only do violence to the purpose of the statute of limitations, it would also permit his delay to increase the amount of the claim. There is no justification for charging the Government with the consequences of the failure of a claimant to pursue his remedy.

In these circumstances, I believe the policy of the statute of limitations should be maintained.

THE WHITE HOUSE, March 23, 1964.

LYNDON B. JOHNSON.

H.R. 1761

EIGHTY-EIGHTH CONGRESS OF THE UNITED STATES OF AMERICA, AT THE SECOND SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON TUESDAY, THE SEVENTH DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND SIXTY-FOUR AN ACT To confer jurisdiction on the Court of Claims to hear, determine, and render judgment upon the claim of R. Gordon Finney, Junior.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the statute of limitations, jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine, and render judgment upon the claim of R. Gordon Finney, Junior, (1) on the question of liability of the Government, and (2) on the question of the amount of recovery, for back salary lost as a result of an alleged improper application by the National Park Service of the Selective Training and Service Act of 1940, as amended (50 U.S.C. App. 459), for the period following the date of his honorable discharge from the Army on January 27, 1946, to the date of the court's judgment.

SEC. 2. Suit upon such claim may be instituted at any time within six months after the date of enactment of this Act. Proceedings for the determination of such claim, and appeals from, and payment of, any judgment thereon shall be in the same manner as in the case of claims over which such court has jurisdiction under section 1491 of title 28 of the United States Code: Provided, That the passage of this Act shall not be construed as an inference of liability on the part of the United States.

[Endorsement on back of bill:]

JOHN W. McCORMACK,

Speaker of the House of Representatives.

LEE METCALF,

Acting President pro tempore of the Senate.

I certify that this Act orginated in the House of Representatives.

RALPH R. ROBERTS, Clerk.

88TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

{DO NO. 290

DOCUMENT

AMENDMENTS TO THE REQUEST FOR APPROPRIATIONS FOR THE LEGISLATIVE BRANCH

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AMENDMENTS TO THE REQUEST FOR APPROPRIATIONS TRANSMITTED IN THE BUDGET FOR FISCAL YEAR 1965 IN THE AMOUNT OF $501,595 FOR THE LEGISLATIVE BRANCH

APRIL 6, 1964.-Referred to the Committee on Appropriations and ordered to be

printed

THE WHITE HOUSE, Washington, April 6, 1964.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: I have the honor to transmit herewith for the consideration of the Congress amendments to the request for appropriations transmitted in the budget for fiscal year 1965 in the amount of $501,595 for the legislative branch.

The details of these amendments are set forth in the accompanying letter from the Director of the Bureau of the Budget.

Respectfully yours,

LYNDON B. JOHNSON.

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