deleting in the first sentence of subsection (h) of the said section the words "for two years after the date of approval of this Act", and substituting in lieu thereof the words "During the period that title III of this Act remain in effect

(h) For two years after the date of approval of this Act, the President may make original appointments, pursuant to the provisions of the preceding subsections of this section, in the grade of commander or any lower grade, in accordance with the needs of the service as determined by him, but, with respect to line officers appointed for limited duty only, not to exceed in any grade the maximum number of such officers for that grade as last computed pursuant to subsection 103 (f). No person shall * be eligible for original appointmnet in a grade above ensign except he shall have completed service in the Navy as follows: For commander, twenty-eight years; for lieutenant commander, twentytwo years; for lieutenant, sixteen years; for lieutenant (junior grade), thirteen years.

and deleting in the second sentence of subsection (h) of said section the words "shall have completed service in the Navy" and substituting in lieu thereof the words "shall have been selected therefor prior to August 7, 1949, and shall have completed active naval service, exclusive of active duty for training in a reserve component,". O

H. Repts., 81-1, vol. 5—————25

AMENDING SECTION 1452 OF THE REVISED STATUTES

JULY 12, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. KILDAY, from the Committee on Armed Services, submitted the following

REPORT

To accompany S. 1639]

The Committee on Armed Services, to whom was referred the bill (S. 1639) to amend section 1452, Revised Statutes, relating to Presidential action on the proceedings and decisions of Navy retiring boards, having considered the same, report favorably thereon without amendment and recommend that the bill S. 1639 do pass.

PURPOSE OF THE BILL

The purpose of this bill is to amend existing law so as to authorize the Secretary of the Navy to approve or disapprove the proceedings and decisions of Navy retiring boards. At the present time, Navy retiring boards transmit a record of their proceedings and decisions to the Secretary of the Navy, who, in turn, presents such proceedings and decisions to the President for his approval or disapproval.

Various provisions of law were amended by the act of June 17, 1948 (Public Law 668, 80th Cong.). The purpose of the act of June 17, 1948, was to relieve the President of some of his many administrative burdens by delegating the Secretary of the Navy to perform certain discretionary functions in lieu of the President.

Sections 1453 and 1454, Revised Statutes, were included in the act of June 17, 1948. These sections relate to the retired pay of officers incapacitated as the result of an incident of the service, and those whose incapacity is not the result of an incident of the service. Sections 1453 and 1454, Revised Statutes, as amended by the act of June 17, 1948, contain the conditional phrase "if said decision is approved by the Secretary of the Navy". The decision referred to in that conditional phrase is the decision of the retiring board which must be approved or disapproved by the President pursuant to section 1452, Revised Statutes.

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,
Washington, April 15, 1949.

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,
Sincerely yours,

LOUIS JOHNSON.

HON. SAM RAYBURN,

THE SECRETARY OF THE NAVY,
Washington, April 5, 1949.

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, 1918, 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.

Enactment of the proposed bill would not result in any cost to the Government, This report has been coordinated within the National Military Establishment in accordance with procedures prescribed by the Secretary of Defense. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed legislation to the Congress. Sincerely yours, DAN A. KIMBALL, Acting.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets; existing law in which no change is proposed is shown in roman):

REVISED STATUTES, SECTION 1452

A record of the proceedings and decision of the board in each case shall be transmitted to the Secretary of the Navy [, and shall be laid by him before the President] for his approval or disapproval, or orders in the case.