The amendments to sections 1453 and 1454, referred to above, are therefore ineffective because of the omission of section 1452, Revised Statutes, from the provisions of the act of June 17, 1948. Sections 1452, 1453, and 1454 of the Revised Statutes are closely related, since they pertain to the approval of decisions of retiring boards and the type of retired pay the officers concerned receive by reason of the approval of said decisions. The proposed bill will bring these three provisions of law into harmony, and will relieve the President of an administrative function which he must perform under section 1452 of the Revised Statutes. The following letter from the Acting Secretary of the Navy, dated April 5, 1949, indicates that the Department of the Navy and the Bureau of the Budget interpose no objection to the proposed legislation: Hon. SAM RAYBURN, Speaker of the House of Representatives. THE SECRETARY OF DEFENSE, DEAR MR. SPEAKER: Attached is a letter addressed to you by the Acting Secretary of the Navy recommending the enactment of a proposed draft of legislation, also attached, bearing the title, “To amend section 1452, Revised Statutes, relating to Presidential action on the proceedings and decisions of Navy retiring boards.' This legislation has been approved for inclusion in the National Military Establishment legislative program for the Eighty-first Congress, first session, and responsibility for handling it on behalf of the Establishment has been placed in the Department of the Navy. With kindest personal regards, I am, LOUIS JOHNSON. HON. SAM RAYBURN, THE SECRETARY OF THE NAVY, Speaker of the House of Representatives, Washington 25, D. C. DEAR MR. SPEAKER: There is transmitted herewith a draft of proposed legislation to amend section 1452, Revised Statutes, relating to Presidential action on the proceedings and decisions of Navy retiring boards. The purpose of the proposed bill is to amend section 1452, Revised Statutes, so as to authorize the Secretary of the Navy to approve or disapprove the proceedings and decisions of Navy retiring boards. Under the existing provision of that section, the Secretary of the Navy is required to lay the proceedings and decisions of such boards before the President for his approval or disapproval. The act of June 17, 1948 (Public Law 668, 80th Cong.), amended various provisions of law so as to delegate the authority contained therein from the President to the Secretary of the Navy and thereby relieve the President of some of his many administrative burdens. Two provisions which were so amended relate to the retirement of officers for an incapacity resulting from an incident of the service, and the retirement of officers for an incapacity not resulting from an incident of the service, which are found in the Revised Statutes, sections 1453 and 1454, respectively. These sections, as amended by the act of June 17, 1948, contain the phrase "if said decision [of a Navy retiring board] is approved by the Secretary of the Navy. Section 1452, Revised Statutes, which was not amended by the act of June 17, 1948, requires the Secretary of the Navy to present the proceedings and decisions of Navy retiring boards to the President for his approval or disapproval Thus, the omission of section 1452 of the Revised Statutes from the act of June 17, 1948, renders ineffective the amendments made by that act to sections 1453 and 1454 of the Revised Statutes. Enactment of the proposed bill would remove the anomalous situation which exists with respect to these sections of the Revised Statutes. The Navy Department has been designated by the Office of the Secretary of Defense to sponsor this measure on behalf of the National Military Establishment and accordingly recommends its enactment. SUSPENSION OF DEPORTATION OF CERTAIN ALIENS JULY 12, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. WALTER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. Con. Res. 28] The Committee on the Judiciary, to whom was referred the resolution (S. Con. Res. 28) favoring the suspension of deportation of certain aliens, having considered the same, report favorably thereon with amendment and recommend that the resolution do pass. The amendment is as follows: On page 8, lines 22, 23 and 24, strike out the registration number and the name, "A-4026037, Nimeneh, Thomas Kun or Thomas Nimeneh or Thomas Nimeneh-Bey or Thomas Kun Nemerea or Keen Nimeneh or Sam Nimeneh or Keen Nimeh." PURPOSE OF THE CONCURRENT RESOLUTION The purpose of the concurrent resolution is to record congressional approval, in accordance with Public Law 863 of the Eightieth Congress, of suspension of deportation in certain cases in which the Attorney General has suspended deportation for more than 6 months. The purpose of the amendment is to withhold congressional approval of suspension of deportation of one alien where additional evidence discovered after the case had been referred to the Congress by the Attorney General, warrants the reopening of the deportation proceedings. GENERAL INFORMATION Since 1940 and prior to July 1, 1948, the law (sec. 19 (c) of the Immigration Act of 1917, as amended) provided in substance that the Attorney General may suspend deportation and adjust the immigra tion status in the United States of certain deportable aliens. Under this provision of the law aliens subject to deportation on the so-called technical charges may have their deportation suspended for 6 months if they are persons of good moral character and if their deportation would result in a serious economic detriment to a citizen of the United States or legally resident alien, who is the spouse, parent, or minor child of such deportable aliens. This privilege does not run in favor of persons subject to deportation for the serious causes such as on the ground of being a political undesirable, a narcotic-law violator, a criminal, an immoral person, and so forth. Since 1940, such suspensions of deportation accorded by the Attorney General were subject to review by the Congress. If within a designated period of time the Congress did not pass a concurrent resolution stating in substance that the Congress did not favor the suspension of deportation, the suspension was final and the status of the alien involved was adjusted to that of a permanent resident, Since July 1, 1948, under the provisions of Public Law 863, Eightieth Congress (62 Stat. 1206; 8 U. S. C. 155 (c)), affirmative congressional action in each individual case is required before the suspension of deportation granted by the Attorney General could become final and the status of the alien could be adjusted to that of a permanent resident. It is the view of the Department of Justice that all cases which were pending before the Congress during the second session of the Eightieth Congress should be handled under the new procedure (affirmative action) prescribed in Public Law 863 of the Eightieth Congress. The 194 cases included in the concurrent resolution (S. Con. Res. 28) as amended, were among 205 cases which were referred to the Congress on March 15, 1948; 7 cases out of the 205 cases referred to the Congress on March 15, 1948, have been previously approved and they appear on Senate Concurrent Resolution 40, reported to the House on June 21, 1949; 2 cases were subsequently withdrawn by the Attorney General after additional evidence had been discovered which did not warrant the suspension of deportation; 2 cases have not been recommended for favorable action by the Senate and upon additional examination the committee does not recommend favorable action on them. In each case which is recommended for approval, a check has been made to determine whether or not the alien (a) has met the requirements of the law, (b) is of good moral character, and (c) is possessed of strong equities which would warrant the suspension of deportation. The committee, after consideration of all the facts in each case referred to in the concurrent resolution (S. Con. Res. 28), recommend that the concurrent resolution do pass. O SUSPENSION OF DEPORTATION OF CERTAIN ALIENS JULY 12, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. WALTER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. Con. Res. 28) The Committee on the Judiciary, to whom was referred the resolution (S. Con. Res. 28) favoring the suspension of deportation of certain aliens, having considered the same, report favorably thereon with amendment and recommend that the resolution do pass. The amendment is as follows: On page 8, lines 22, 23 and 24, strike out the registration number and the name, "A-4026037, Nimeneh, Thomas Kun or Thomas Nimeneh or Thomas Nimeneh-Bey or Thomas Kun Nemerea or Keen Nimeneh or Sam Nimeneh or Keen Nimeh." PURPOSE OF THE CONCURRENT RESOLUTION The purpose of the concurrent resolution is to record congressional approval, in accordance with Public Law 863 of the Eightieth Congress, of suspension of deportation in certain cases in which the Attorney General has suspended deportation for more than 6 months. The purpose of the amendment is to withhold congressional approval of suspension of deportation of one alien where additional evidence discovered after the case had been referred to the Congress by the Attorney General, warrants the reopening of the deportation proceedings. GENERAL INFORMATION Since 1940 and prior to July 1, 1948, the law (sec. 19 (c) of the Immigration Act of 1917, as amended) provided in substance that the Attorney General may suspend deportation and adjust the immigra tion status in the United States of certain deportable aliens. Under this provision of the law aliens subject to deportation on the so-called technical charges may have their deportation suspended for 6 months if they are persons of good moral character and if their deportation would result in a serious economic detriment to a citizen of the United States or legally resident alien, who is the spouse, parent, or minor child of such deportable aliens. This privilege does not run in favor of persons subject to deportation for the serious causes such as on the ground of being a political undesirable, a narcotic-law violator, a criminal, an immoral person, and so forth. Since 1940, such suspensions of deportation accorded by the Attorney General were subject to review by the Congress. If within a designated period of time the Congress did not pass a concurrent resolution stating in substance that the Congress did not favor the suspension of deportation, the suspension was final and the status of the alien involved was adjusted to that of a permanent resident. Since July 1, 1948, under the provisions of Public Law 863, Eightieth Congress (62 Stat. 1206; 8 U. S. C. 155 (c)), affirmative congressional action in each individual case is required before the suspension of deportation granted by the Attorney General could become final and the status of the alien could be adjusted to that of a permanent resident. It is the view of the Department of Justice that all cases which were pending before the Congress during the second session of the Eightieth Congress should be handled under the new procedure (affirmative action) prescribed in Public Law 863 of the Eightieth Congress. The 194 cases included in the concurrent resolution (S. Con. Res. 28) as amended, were among 205 cases which were referred to the Congress on March 15, 1948; 7 cases out of the 205 cases referred to the Congress on March 15, 1948, have been previously approved and they appear on Senate Concurrent Resolution 40, reported to the House on June 21, 1949; 2 cases were subsequently withdrawn by the Attorney General after additional evidence had been discovered which did not warrant the suspension of deportation; 2 cases have not been recommended for favorable action by the Senate and upon additional examination the committee does not recommend favorable action on them. In each case which is recommended for approval, a check has been made to determine whether or not the alien (a) has met the requirements of the law, (b) is of good moral character, and (c) is possessed of strong equities which would warrant the suspension of deportation. The committee, after consideration of all the facts in each case referred to in the concurrent resolution (S. Con. Res. 28), recommend that the concurrent resolution do pass. |