ment expense such persons as the Secretary of the Navy may authorize by regulation.

SEC. 19. Until September 1, 1946, enlisted men of the Navy and the Marine Corps and the Reserve components thereof, if otherwise eligible, shall be eligible for appointment to the Naval Academy by the Secretary of the Navy if they will have completed nine months' active service on the date of entrance.

SEC. 20. (a) Candidates for appointment as midshipmen at the Naval Academy or as cadets at the Coast Guard Academy shall receive a mileage allowance at the rate of 5 cents per mile for travel performed while proceeding from their homes or duty stations to the Naval Academy or the Coast Guard Academy for examination and appointment.

(b) Midshipmen and cadets discharged or dismissed from the Naval Academy or the Coast Guard Academy shall be furnished transportation in kind and subsistence from the place of discharge to their homes.

SEC. 21. Section 126 of the Act of June 3, 1916, as amended (10 U. S. C. 752; 34 U. S. C. 895), is hereby further amended to read as follows:

"An enlisted person of the Army, Navy, Marine Corps, or Coast Guard, including Reserve components thereof, upon discharge except by way of punishment for an offense, retirement, or relief from active duty, shall under such regulations as the head of the department concerned may prescribe for personnel under his jurisdiction, receive a money allowance of 5 cents per mile for the distance from the place of discharge or release from active duty to his home, or place of acceptance for active duty, or place from which ordered to active duty, or such other place as may be determined to be most appropriate by the head of the department concerned. For sea travel involved in travel between place of discharge or release from active duty and place to which travel is authorized only transportation in kind and subsistence en route shall be allowed."

SEC. 22. The Secretary of the Navy is authorized to make such expenditures out of available naval appropriations as he may deem necessary for the apprehension and delivery of deserters, stragglers, and prisoners and for the operation of shore patrols.

SEC. 23. Naval appropriations chargeable for transportation or travel shall be available for the payment or reimbursement of ferry, bridge, and similar tolls and streetcar, bus, and similar fares paid in connection with such transportation or travel.

SEC. 24. (a) The Secretary of the Navy is authorized to make such expenditures as he may deem appropriate for scientific investigations and research out of and in accordance with naval appropriations available for such purposes.

(b) The Secretary of the Navy is authorized to make such expenditures as he may deem appropriate for promotion and maintenance of the safety and occupational health of, and the prevention of accidents affecting, personnel of the Naval Establishment, including the purchase of clothing, equipment and other materials necessary thereto, and naval appropriations available for the activities in which such personnel are engaged shall be available for the foregoing purposes. SEC. 25. Without deposit to the credit of the Treasury of the United States and withdrawal on money requisitions, receipts of public moneys from sales or other sources by officers of the Navy, Marine Corps, and Coast Guard on disbursing duty and charged in their official accounts may be used by them as required for current expenditures, all necessary bookkeeping adjustments of appropriations, funds, and accounts to be made in the settlement of their disbursing accounts.

SEC. 26. The Secretary of the Navy is authorized to expend out of naval appropriations available for construction or maintenance such amounts as may be required for minor construction (except living quarters), extensions to existing structures, and improvements at naval activities, but the cost of any project authorized under this section which is not otherwise authorized shall not exceed $20,000.

SEC. 27. The Secretary of the Navy is authorized to furnish materials for the manufacture or production by patients of products incident to the convalescence and rehabilitation of such patients in naval hospitals and other naval medical facilities, and ownership thereof shall be vested in the patients manufacturing or producing such products, except that the ownership of items manufactured or produced specifically for the use of a naval hospital or other naval medical facility shall be vested in the Government and such items shall be accounted for and disposed of accordingly.

SEC. 28. The annual appropriations for the pay of the Marine Corps shall be available for the payment of post exchange indebtedness of deserters and personnel

discharged or sentenced to terms of imprisonment while in debt to the United States, under such regulations as the Secretary of the Navy may prescribe.

SEC. 29. Proceeds from the sale by the Coast Guard of rations, supplies, uniforms and other clothing shall be credited to the current appropriations from which purchase of these articles are authorized.

SEC. 30. When personnel of the Navy, Marine Corps, and Coast Guard are ordered to make any permanent change of station motor vehicles owned by them may be transported to their new posts of duty on Government-owned vessels.

SEC. 31. The first sentence of section 10 (a) of the Act of June 6, 1940 (54 Stat. 248; 14 U. S. C. 135), is hereby amended by inserting in the first line thereof the words "working parties in the field," after the words "enlisted men of the Coast Guard."

SEC. 32. The Coast Guard may pay rewards for the apprehension and conviction, or for information helpful therein, of persons found interfering in violation of law with aids to navigation maintained by the Coast Guard.

SEC. 33. Existing limitations in the number of enlisted personnel of the Coast Guard who may be detailed for duty in the District of Columbia or at Coast Guard headquarters shall not apply while the Coast Guard is operating as a part of the Navy.

SEC. 34. The Secretary of the Navy is authorized to provide, out of naval appropriations available for the purchase or manufacture of equipment or material, for the purchase of letters patent, applications for letters patent, and license under letters patent and applications for letters patent that pertain to the equipment or material for which the appropriations are made.

SEC. 35. (a) The Secretary of the Navy is authorized, in his discretion and under such rules and regulations as he may prescribe, to pay cash rewards to civilian personnel of the Naval Establishment or other persons in civil life when, due to a suggestion or series of suggestions by them, there results an improvement or economy in manufacturing process or plant or naval material, or in efficiency or economy in the operation or administration of the Navy Department or the Naval Establishment. Such sums as may be awarded to employees in accordance with this section shall be paid them out of naval appropriations in addition to their usual compensation. No employee or other person in civil life shall be paid a reward under this section until he has properly executed an agreement to the effect that the use by the United States of the suggestion or series of suggestions made by him shall not form the basis of a further claim of any nature against the United States by him, his heirs, or assigns.

(b) Except as provided in subsection (a) hereof, civilian personnel of the Naval Establishment shall not be paid any premium or bonus or cash reward in addition to their regular salaries.

(c) The last paragraph appearing on page 718 of volume 40 of the Statutes at Large (5 U, S. C. 416) which is a part of the Act of July 1, 1918 (40 Stat. 704), is hereby repealed.

SEC. 36. The Secretary of the Navy, in requesting competitive bids for the construction of naval vessels, shall require each bidder to file with its bid the estimates on which the bid is based.

SEC. 37. The Secretary of the Navy is authorized in time of war, and until the end of the first fiscal year thereafter, to exceed the statutory limit on repairs and alterations of vessels, whenever he deems it necessary.

SEC. 38. The Secretary of the Navy is authorized, out of any naval appropriation made therefor, to provide for (1) the administration by the Navy of liberated and occupied areas; (2) expenses for special compensation and for travel and subsistence of officers and students of Latin American countries, and other expenses deemed necessary by the Secretary for Latin American cooperation; and (3) payment of rewards, not to exceed $500 in any one instance, for information leading to the discovery of missing naval property or the recovery thereof.

SEC. 39. The authority conferred upon the Secretary of the Navy in this Act or in the Pay Readjustment Act of 1942, as now or hereafter amended, except the authority to prescribe regulations, may be delegated by him to such persons in the Naval Establishment and to such extent as he may deem proper, with or without authority to make successive redelegations.

SEC. 40. As used in this Act (a) the term "Naval Establishment" includes the Navy Department, the Marine Corps, and the Coast Guard while operating as a part of the Navy; (b) the term "naval personnel" includes all personnel of the Navy, the Marine Corps, and the Coast Guard while operating as a part

of the Navy, including personnel of the Reserve components while on active duty; (c) the term "personnel of the Naval Establishment" includes both civilian (departmental and field) and naval personnel; and (d) the term "Naval appropriations" includes all appropriations for the Naval Establishment, including those made for departmental purposes.

TITLE II-AMENDMENTS TO THE PAY READJUSTMENT ACT

SEC. 201. The third paragraph of section 10 of the Pay Readjustment Act of 1942 is amended to read as follows:

"Enlisted men entitled to receive allowances for quarters or subsistence shall continue, while their permanent stations remain unchanged, to receive such allowances while sick in hospital or absent from their permanent-duty stations in a pay status: Provided, That allowances for subsistence shall not accrue to such an enlisted man while he is in fact being subsisted at Government expense. Enlisted personnel not receiving allowances for subsistence shall be entitled to commutation in lieu of rations while on furlough or authorized leave or when authorized to mess separately, under such regulations and at such rates as may be prescribed by the head of the executive department concerned."

SEC. 202. The first paragraph of section 12 of the Pay Readjustment Act of 1942, as amended by section 9 of the Act of September 7, 1944 (37 U. S. C. 112), is amended to read as follows:

"Officers of any of the services mentioned in the title of this Act, including active and retired personnel of the Regular Establishments and members of the Reserve components thereof and the National Guard, while on active duty in the Federal service, when traveling under competent orders without troops, including travel from home to first station in connection with their appointment or call to active duty and from last station to home in connection with relief from active duty or discharge not the result of their own misconduct, shall receive a mileage allowance at the rate of 8 cents per mile, distance to be computed by the shortest usually traveled route and existing laws providing for the issue of transportation requests to officers of the Army traveling under competent orders, and for deduction to be made from mileage accounts when transportation is furnished by the United States, are hereby made applicable to all the services mentioned in the title of this Act: Provided, That the head of the executive department concerned may, in his discretion, direct that, in lieu of mileage, actual and necessary expenses shall be allowed to officers traveling on official business and away from their designated posts of duty, without regard to the length of time away from such posts. Actual expenses only shall be paid for travel under orders in Alaska and outside the limits of the United States in North America."

SEC. 203. The second paragraph of section 12 of the Pay Readjustment Act of 1942 is amended to read as follows:

"Unless otherwise expressly provided by law, no officer of the services mentioned in the title of this Act shall be allowed or paid any sum in excess of expenses actually incurred for subsistence while traveling on duty away from his designated post of duty, nor any sum for such expenses actually incurred in excess of $8 per day. The heads of the executive departments concerned are authorized to prescribe per diem rates of allowance, not exceeding $7, in lieu of subsistence to officers traveling on official business and away from their desig nated posts of duty, without regard to the length of time away from such posts. Officers, midshipmen, and cadets of the Navy, Marine Corps, and Coast Guard when absent from a vessel or designated post of duty while assigned to shore patrol duty may be paid their actual expenses, and naval personnel on duty with or under training for the Naval Air Transport Service and away from their permanent stations may be paid their actual expenses, or per diem in lieu thereof, at rates not exceeding those prescribed for Naval officers in a travel status, without in either case the issuance of orders for specific travel: Provided, That for travel by air under competent orders on duty without troops, under regulations to be prescribed respectively by the heads of the departments concerned, members (including officers, warrant officers, contract surgeons, enlisted men, aviation cadets, and members of the Nurse Corps) of the services mentioned in the title of this Act, and of the legally constituted Reserves of said services while on active duty, and of the National Guard while in Federal service, or while participating in exercises, or performing duties under sections 92, 94, 97, or 99 of the National Defense Act, shall, in lieu of mileage or other travel allowances, be

allowed and paid their actual and necessary traveling expenses not to exceed $8 per day, or, in lieu of subsistence, per diem allowances at rates not to exceed $7 per day. Without regard to the monetary limitations in this Act, and in accordance with regulations prescribed by the President, the heads of the departments concerned may authorize the payment to members of the services mentioned in the title of this Act on duty outside continental United States or in Alaska, whether or not in a travel status, of actual and necessary expenses or per diem in lieu thereof, considering all elements of cost of living, including cost of quarters, subsistence, and other necessary incidental expenses."

SEC. 204. Section 12 of the Pay Readjustment Act of 1942 is amended by inserting between the fourth and fifth paragraphs thereof the following new paragraph: "Under regulations prescribed by the head of the department concerned, (1) officers entitled to transportation (as distinguished from mileage) and enlisted personnel of any of the services mentioned in the title of this Act may be paid, in advance or otherwise, a money allowance of 3 cents per mile in lieu of transportation, regardless of the mode of travel, (2) applicants for enlistment (including rejected applicants) in such services may be furnished or reimbursed for transportation and subsistence incident to recruitment of such personnel, and (3) insane patients may be furnished transportation and subsistence from military hospitals to other hospitals or their homes."

SEC. 205, (a) Section 12 of the Pay Readjustment Act of 1942 is amended by inserting between the fifth and sixth paragraphs thereof the following new paragraph:

"Upon changes of station, members of the services mentioned in the title of this Act shall be entitled to transportation (including packing, crating, drayage, temporary storage, and unpacking) of baggage and household goods and effects, or reimbursement therefor, as authorized by regulations prescribed by the heads of the department concerned, which shall be uniform for the services mentioned and shall be approved by the President. Such transportation may be by rail, water, or van, without regard to comparative costs."

(b) The fifth paragraph of section 12 of the Pay Readjustment Act of 1942 is amended by striking out the following proviso: "Provided further, That the personnel of all the services mentioned in the title of this Act shall have the benefit of all existing laws applying to the Army and Marine Corps for the transportation of household effects:".

The CHAIRMAN. Will you come forward, Captain Nunn, please? You may proceed with your statement with reference to S. 1917, Captain, if you are ready.

STATEMENT OF CAPT. IRA H. NUNN, OFFICE OF THE

JUDGE ADVOCATE GENERAL

Captain NUNN. Aye, aye, sir.

Mr. Chairman, the purpose of this bill is to enact into substantive law provisions of a legislative nature which appear in the Naval Appropriation Act of 1946 and some other related appropriation acts. The Navy Department undertook the preparation of this bill pursuant to a suggestion from the Bureau of the Budget, which directed that all Government agencies which have money appropriated to them in separate acts review the language of their appropriation act to ascertain what provisions in the appropriation acts are legislative in nature and, hence, subject to a point of order.

The Bureau of the Budget suggested that Government agencies prepare, in lieu of that language, necessary curative legislation.

The CHAIRMAN. Does this relate in part to laws already enacted or pending appropriation bills?

Captain NUNN. Already enacted, sir. Almost all of these provisions are in the 1946 appropriation act for the Navy.

The CHAIRMAN. That is the law passed last year, the appropriation act operative in July 1946?

Captain NUNN. It was the act approved May 29, 1945, sir. It makes appropriations for the fiscal year ending June 30, 1946. It is the current appropriation act.

Senator ROBERTSON. Do I understand that the funds have been appropriated but that there is no law to enable using them?

Captain NUNN. There was no substantive law authorizing the appropriation, sir.

The CHAIRMAN. In other words, it was subject to a point of order. Senator BROOKS. You have had the right to use them, but what you want now is curative language for the future, in case you want to continue such and such an activity and want additional funds for that purpose, so that a point of order will not stand?

Captain NUNN. Yes, sir; that is true. You see, the Bureau of the Budget and the committees of Congress are scrutinizing our appropriations very closely and they are not appropriating money to us unless there is, in the substantive law, a specific authorization for that appropriation.

Senator ROBERTSON. And this bill is intended to give you that specific authorization.

The CHAIRMAN. It is to legalize it. They deem it necessary so that they will have a record that will be available to the Bureau of the Budget of the action taken by this committee on the appropriations that have been made in the past, appropriations that were subject to a point of order. It will take, as it were, the record of the previous appropriations and put them into law.

Captain NUNN. Yes, sir. It would relegate the appropriations Act to the simple purpose of providing the money. It would place in the legislative committees of Congress, committees such as this one, the business of determining what money should be appropriated for.

Senator GERRY. In other words, as I understand it, now, if you have an authorization in an appropriation, it is subject to a point of order on the floor?

Captain NUNN. Unless the authorization is in the substantive law, yes, sir.

The CHAIRMAN. Or recommended by the Bureau of the Budget? Captain NUNN. No, sir. Properly speaking, there should be a substantive general law on the books to authorize that appropriation and a point of order may be made unless there is such a law.

Senator BROOKS. May I ask you this, Captain: Does this bill cover circumstances which arose during the war, where you undertook something new that you want to make permanent?

Captain NUNN. Senator, there are some provisions in this bill which would tend to perpetuate what we did under temporary measures during the war.

Senator BROOKS. I see.

Captain NUNN. I will point those instances out as I go along.

The CHAIRMAN. You will give us the details?

Captain NUNN. Yes, sir.

Senator BROOKS. All right, very well.

Senator GERRY. May I ask a question?

The CHAIRMAN. Senator Gerry.

Senator GERRY. Under the War Powers Act, were those temporary and not under the substantive law?

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