paragraph to section 38 of the act. The same comments as to reasons and expenses apply hereto as were given under the previous section. The Navy Department favors the enactment of this proposed legislation as is indicated by the letter of the Secretary of the Navy to the Speaker of the House of Representatives which is hereby made a part of this report. NAVY DEPARTMENT, Washington, February 8, 1935. The SPEAKER OF THE HOUSE OF REPRESENTATIVES, Washington, D. C. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a bill to amend in certain particulars the act approved February 28, 1925, entitled An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve", as amended, and for other purposes. The purposes sought to be accomplished by the proposed legislation are set forth in the following paragraphs in which each section of the bill is explained in numerical order in which it appears in the enclosed draft. SECTION I This section of the bill, amending section 6 of the act approved February 28, 1925 (43 Stat. 1081, U. S. C., title 34, sec. 755), herinafter referred to as the Naval Reserve Act, authorizes the Secretary of the Navy to discharge men from the Naval Reserve who have been transferred from the Regular Navy to the Fleet Naval Reserve, in the event that such men are sentenced by the civil authorities to confinement in a State or Federal penitentiary. Under existing law there is no method by which the discharge of such undesirable men can be effected other than by the sentence of a general court martial, and, in the cases of men convicted and sentenced for an offense by Federal courts, even this method is unavailable since a subsequent trial by general court martial for the same offense would be defeated by a plea of former jeopardy. The result is that it is possible under existing law for a man undergoing sentence in a penitentiary to hold his status as a member of the Fleet Naval Reserve and to receive the pay provided by law for a man holding such status. Obviously such a situation is highly undesirable, and the amendment of the Naval Reserve Act, in the manner provided by this section of the bill, will constitute a simple, expeditious, and effective remedy for it. No additional cost to the Government will be involved by the enactment of this section of the bill. In fact its enactment will result in a saving in every instance in which the authority conferred by it upon the Secretary of the Navy is exercised. SECTION II This section of the bill, amending section 14 of the Naval Reserve Act, extends the benefits of existing law relating to Naval Reservists who are physically injured in line of duty while performing active duty or training duty, to those members of the Naval Reserve who may be injured while performing "drills", "equivalent instruction or duty", or "appropriate duties." Recently three Naval Reservists were injured while performing armory drills, and their claims for compensation were denied. The Navy Department believes that injuries received by members of the Naval Reserve while performing authorized drills should receive the same consideration as injuries received while on active duty or training duty. It is estimated that the enactment of this section of the bill will involve an additional cost of $2,000 per annum for both the Naval and Marine Corps Reserve SECTION III This section of the bill, amending section 21 of the Naval Reserve Act, extends existing law, providing for the compensation of officers below the rank of lieutenant commander for attending drills, to officers of the rank of lieutenant commander. It also provides that such officers who are attached to battalions or squadrons, as well as to divisions, shall receive that compensation. Further amendment is made so that the officers above the rank of lieutenant commander, instead of officers above the rank of lieutenant, will receive the authorized compensation of not more than $500 a year for the satisfactory performance of appropriate duties. The amendments contained in this section of the bill, if enacted, will not involve any additional cost to the Government, and will facilitate the organiza tion of the Aviation Reserve on the basis of aviation squadrons, instead of aviation divisions. Since the basis of the organization of aviation forces in the regular Navy is the squadron, it is desirable to have the Aviation Reserve organized on the same basis. SECTION IV This section of the bill, amending section 36 of the Naval Reserve Act, extends the provisions of existing law authorizing the payment of $240 a year to officers of the Fleet Naval Reserve for the faithful performance of administrative duties in connection with the command of Naval Reserve organizations, to officers of the Volunteer Naval Reserve. At present officers of the Volunteer Naval Reserve in command of units of the Naval Reserve cannot be reimbursed for the necessary expenses incident to the efficient administration of these units. The sum of $240 per year which this section of the bill, if enacted, will partially compensate them for such expenses. It is only through efficient administration that these units can be kept mobile, and intact for use in an emergency, and it is not believed that these officers of the Naval Volunteer Reserve would personally bear their expenses incident to such administration. SECTION V This section, amending section 38 of the Naval Reserve Act, provides that the Secretary of the Navy shall submit annually in connection with the estimates for the Navy Department a statement showing the estimated cost for the fiscal year for all purposes of the Volunteer Naval Reserve. The estimated cost of sections 4 and 5 of the proposed bill if enacted will involve an additional cost of $25,000 per year to the Government. The Navy Department recommends the enactment of this proposed legislation. Sincerely yours, CLAUDE A. SWANSON. In compliance with clause 2a of rule XIII of the rules of the House of Representatives, there is herewith printed in parallel columns (1) the text of the provisions of existing laws which it is proposed to amend, and (2) the parts of the bill making the amendment: (1) That in time of peace no officer or man of the Naval Reserve shall be discharged except upon expiration of his term of service, or upon his own request, or for full and sufficient cause, in the discretion of the Secretary of the Navy: Provided, That enlisted men heretofore or hereafter transferred to the Fleet Naval Reserve from the regular Navy in accordance with law shall at all times be governed by the laws and regulations for the government of the Navy and shall not be discharged from the Naval Reserve without their consent except by sentence of a court martial or in accordance with the provisions of section 23 of this Act: Provided further, That in time of war, or a national emergency, declared by the President to exist, officers and enlisted, enrolled, and assigned men of the Naval Reserve shall be subject to separation therefrom in the same manner as may be provided by or in pursuance of law for the separation of officers and enlisted men from the regular Navy, subject to the provisions of section 9 of this Act. (2) That in time of peace no officer or man of the Naval Reserve shall be discharged except upon expiration of his term of service or upon his own request, or for full and sufficient cause, in the discretion of the Secretary of the Navy: Provided, That enlisted men heretofore or hereafter transferred to the Fleet Naval Reserve from the regular Navy in accordance with law shall at all times be governed by the laws and regulations for the government of the Navy and shall not be discharged from the Naval Reserve without their consent except by sentence of a court martial or in accordance with the provisions of section 23 of this Act, or in the discretion of the Secretary of the Navy, when sentenced by the civil authorities to confinement in a State or Federal penitentiary: Provided further, That in time of war, or a national emergency, declared by the President to exist, officers and men of the Naval Reserve shall be subject to separation therefrom in the same manner as may be provided by or in pursuance of law for the separation of officers and enlisted men from the regular Navy, subject to the provisions of section 9 of this Act. That if in time of peace any officer or enlisted man of the Naval Reserve is physically injured in the line of duty while performing active duty, authorized training duty with or without pay, or when employed in authorized travel to and from such duty, or dies as the result of such physical injury, he or his beneficiary shall be entitled to all the benefits prescribed by law for civil employees of the United States who are physically injured in the line of duty or who die as the result thereof, and the United States Employees' Compensation Commission shall have jurisdiction in such cases and shall perform the same duties with reference thereto as in the cases of civil employees of the United States so injured: Provided, That in no case shall sickness or disease be regarded as an injury within the meaning of this section relating to the Naval Reserve. Officers below the grade or rank of lieutenant commander and enlisted men of the Fleet Naval Reserve attached to a division thereof, organized under regulations prescribed by the Secretary of the Navy, shall receive compensation at the rate of one-thirtieth of the monthly base pay of their grades, ranks, or ratings for attending, under competent orders, each regular drill, or other equivalent instruction or duty, as may be prescribed by the Secretary of the Navy: Provided, That no such officer or enlisted man shall receive pay for more than sixty drills or other equivalent instruction or duty in any one fiscal year: Provided further, That week-end cruises shall not be regarded as drills or other equivalent instruction or duty. For satisfactory performance of their appropriate duties, under such regulations as the Secretary of the Navy may prescribe, officers above the grade or rank of lieutenant of the Fleet Naval Reserve shall receive compensation at the rate of not more than $500 a year, and officers below the grade or rank of lieutenant commander and enlisted men of the Fleet Naval Reserve, not attached to a division thereof, shall receive not more than four-thirtieths of the monthly base pay of their grades, ranks, or ratings, each month. That if in time of peace any officer or enlisted man of the Naval Reserve is physically injured in the line of duty while performing active duty, authorized training duty with or without pay, or when employed in authorized travel to and from such duty, or dies as the result of such physical injury, he or his beneficiary shall be entitled to all the benefits prescribed by law for civil employees of the United States who are physically injured in the line of duty or who die as the result thereof, and the United States Employees' Compensation Commission shall have jurisdiction in such cases and shall perform the same duties with reference thereto as in the cases of civil employees of the United States so injured: Provided, That in no case shall sickness or disease be regarded as an injury within the meaning of this section relating to the Naval Reserve: Provided further, That officers and men of the Naval Reserve who are physically injured in line of duty while performing authorized drills, equivalent instruction or duty, appropriate duties, or other duty duly authorized by proper authority, or who die as a result of such physical injury, shall be deemed to have received such injury while performing authorized training duty. Officers below the grade or rank of lieutenant commander and enlisted men of the Fleet Naval Reserve attached to an organization thereof, organized under regulations prescribed by the Secretary of the Navy, shall receive compensation at the rate of one-thirtieth of the monthly base pay of their grades, ranks, or ratings for attending, under competent orders, each regular drill, or other equivalent instruction or duty, as may be prescribed by the Secretary of the Navy: Provided, That no such officer or enlisted man shall receive pay for more than sixty drills or other equivalent instruction or duty in any one fiscal year: Provided further, That week-end cruises shall not be regarded as drills or other equivalent instruction or duty. For satisfactory performance of their appropriate duties, under such regulations as the Secretary of the Navy may prescribe, officers above the grade or rank of lieutenant of the Fleet Naval Reserve shall receive compensation at the rate of not more than $500 a year, and officers below the grade or rank of lieutenant commander and enlisted men of the Fleet Naval Reserve, not attached to an organization thereof, shall receive not more than fourthirtieths of the monthly base pay of their grades, ranks, or ratings, each month. In addition to the pay to which they may otherwise become entitled under this section, officers of or below the grade or rank of captain of the Fleet Naval Reserve regularly assigned to and commanding organizations of the Fleet Naval Reserve, organized under regulations prescribed by the Secretary of the Navy, and having administrative functions, shall receive compensation at the rate of $240 a year for the faithful performance of the administrative duties connected therewith. Pay under the provisions of this section shall not accrue to any officer or enlisted man during a period when he shall be lawfully entitled to pay for active duty or training duty. That officers and enlisted men of the Volunteer Naval Reserve shall not be required to attend drills or perform training duty and shall receive no pay or allowances, except when ordered to active duty or training duty: Provided, That they may, upon their own application, approved by the direction of the Secretary of the Navy, be given the same active duty or training duty, with or without pay, as is provided for officers and enlisted men of the Fleet Naval Reserve. That the Secretary of the Navy shall submit annually in connection with the estimates for the Navy Department a statement showing separately the sums required for the following purposes under this Act: (a) The estimated amount necessary for all purposes for the Fleet Naval Reserve for the succeeding fiscal year, not including pay and allowances of former enlisted men of the regular Navy transferred or assigned to the Fleet Naval Reserve. (b) The estimated amount for said fiscal year required to cover the pay and allowances of those former enlisted men of the regular Navy transferred to the Fleet Naval Reserve. (c) The amount estimated for said fiscal year to cover the annual payments of $25 allowed by section 22 of this Act to those men of the Naval Reserve who have been assigned thereto. O In addition to the pay to which they may otherwise become entitled under this section, officers of or below the grade or rank of captain of the Fleet Naval Reserve regularly assigned to and commanding organizations of the Fleet Naval Reserve, organized under regulations prescribed by the Secretary of the Navy, and having administrative functions, shall receive compensation at the rate of $240 a year for the faithful performance of the administrative duties connected therewith. Pay under the provisions of this section shall not accrue to any officer or enlisted man during a period when he shall be lawfully entitled to pay for active duty or training duty. That officers and enlisted men of the Volunteer Naval Reserve shall not be required to attend drills or perform training duty and shall receive no pay or allowances, except when ordered to active duty or training duty: Provided, That they may, upon their own application, approved by the direction of the Secretary of the Navy, be given the same active duty or training duty, with or without pay, as is provided for officers and enlisted men of the Fleet Naval Reserve. Such officers of the Volunteer Naval Reserve as may be designated by the Secretary of the Navy, regularly assigned to and commanding organizations of the Naval Reserve, organized under regulations prescribed by the Secretary of the Navy and having administrative functions, shall receive compensation at the rate of $240 a year for the faithful performance of the administrative duties connected therewith. That the Secretary of the Navy shall submit annually in connection with the estimates for the Navy Department a statement showing separately the sums required for the following purposes under this Act; (a) The estimated amount necessary for all purposes for the Fleet Naval Reserve for the succeeding fiscal year, not including pay and allowances of former enlisted men of the regular Navy transferred or assigned to the Fleet Naval Reserve. (b) The estimated amount for said fiscal year required to cover the pay and allowances of those former enlisted men of the regular Navy transferred to the Fleet Naval Reserve. (c) The amount estimated for said fiscal year to cover the annual payment of $25 allowed by section 22 of this Act to those men of the Naval Reserve who have been assigned thereto. (d) The estimated amount for said fiscal year for all purposes for the Volunteer Naval Reserve. INTERNATIONAL TECHNICAL COMMITTEE OF AERIAL LEGAL EXPERTS APRIL 9, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. BLOOM, from the Committee on Foreign Affairs, submitted the following REPORT [To accompany H. R. 6673] The Committee on Foreign Affairs, to whom was referred the bill (H. R. 6673) providing for an annual appropriation to meet the share of the United States toward the expenses of the International Technical Committee of Aerial Legal Experts, and for participation in the meetings of the International Technical Committee of Aerial Legal Experts and the commissions established by that Committee, having considered the same, report it to the House with the following amendment and recommend that it do pass. At the end of the bill on page 2 add a new section as follows: SEC. 2. That the provisions of these authorizations shall terminate June 30, 1941. The facts in support of this legislation are fully set forth in a message from the President of the United States dated March 12, 1935 (H. Doc. 136, 74th Cong., 1st sess.), which is made a part of this report, as follows: [H. Doc. No. 136, 74th Cong., 1st sess. To the Congress of the United States: In part] I commend to the favorable consideration of the Congress the enclosed report from the Secretary of State to the end that Public Resolution 118, Seventy-first Congress, be amended so as to authorize an annual appropriation to pay the pro rata share of the United States in the expenses of the International Technical Committee of Aerial Legal Experts and to authorize an annual appropriation in the sum of $6,500, or so much thereof as may be necessary, for the expenses of participation by the Government of the United States in the meetings of the International Technical Committee of Aerial Legal Experts and/or of the commissions established by that Committee. FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, March 12, 1935. |