Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT To accompany S. 593] The Committee on the Judiciary, to whom was referred the bill (S. 593) for the relief of certain postal employees, having considered the same, do now report the bill to the Senate favorably, without amendment, and recommend that the bill do pass. The proposed legislation has the effect of either refunding, or relieving of liability to refund an amount of money to a group of Post Office Department employees or former employees, who were overpaid for their services due to an erroneous interpretation of an act of Congress. STATEMENT Attached hereto and made a part of this report is a letter received from the Postmaster General, which sets forth in detail the facts in this case. Hon. KENNETH MCKELLAR, POST OFFICE DEPARTMENT, President pro tempore of the United States Senate. DEAR SENATOR: Prior to July 1, 1945, many regular clerks or regular carriers of the $2,100 salary grade at first- and second-class post offices were reduced to a substitute position at an hourly rate of $0.8578 because of transfer to another post office or as a result of reinstatement after having left the postal service, or for other reasons. After the enactment of Public Law 134, approved July 6, 1945, the salary of many of these substitute employees was converted to $1.24 per hour, effective July 1, 1945, which was the salary provided by section 12 (a) of Public Law 134 for substitute clerks and carriers at first- and second-class post offices, comparable to the grade to which the employees would have advanced under Public Law 134, had the employees continued in a regular position. The Comptroller General has ruled that such substitute employees should have been converted to grade 5 at $1.04 per hour under sections 12 (a) and 24 of Public Law 134, instead of the $1.24 per hour grade. This ruling makes it necessary to collect from such employees the amount of salary overpayments received by them since July 1, 1945. The Department does not have a complete record of the employees who have received salary overpayments as a result of the improper conversion of their salary after the enactment of Public Law 134. However, the records of such cases that have been brought to the attention of the Department disclose that the salary overpayments range from $22.06 to $995.20. The following is the available list of the employees and the amount to be collected. It is the feeling of this Department that considerable hardship will result from the collection of the salary overpayments from these employees. For example, Mr. Lloyd O. Keene, of the Prosser, Wash., post office is a married man with two children. The repayment of $980 by this employee will, no doubt. cause him considerable financial distress. Since the conversion of these substitute employees to the salary grade of $1.24 per hour, instead of $1.04 per hour as provided by Public Law 134, was made through inadvertence and through no fault of the employees, it is believed that such employees should be relieved of liability to refund to the Government the amount of salary overpayment made to them. There is herewith submitted, for consideration by the Congress, a draft of a measure which, it is believed, will accomplish the purpose desired. It is believed that the proposed legislation is meritorious, and its enactment is urged. This legislation will involve no additional expenditure of funds as all payments covered by it have been expended and credit claimed therefor in postmasters' accounts. This legislation will be in effect a book entry by relieving postmasters of liability for these overpayments. This Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this report to the Congress. Sincerely yours, Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT To accompany S. 594] The Committee on the Judiciary, to whom was referred the bill (S. 594) for the relief of John I. Malarin, former Army mail clerk at APO 932, a branch of the San Francisco, Calif., post office, relative to a shortage in his fixed credit account, having considered the same, do now report the bill to the Senate favorably, without amendment, and recommend that the bill do pass. The purpose of the proposed legislation is to refund to John I. Malarin, a former Army mail clerk in the South Pacific, the sum of $916.78, representing an amount he personally paid to the Post Office Department to cover a shortage in his accounts, which shortage was never determined to be his responsibility after intensive investigation both during and following the war. STATEMENT Attached hereto and made a part of this report is a letter received from the Postmaster General, which sets forth in detail the facts in this case. Hon. KENNETH MCKELLAR, POST OFFICE DEPARTMENT, OFFICE OF THE POSTMASTER GENERAL, President pro tempore of the United States Senate. DEAR SENATOR: There is transmitted herewith, for consideration by the Congress, a bill to authorize the payment of $916.78 to John I. Malarin, the amount collected from him as a result of a deficiency that developed in his account during February 1943, when he was Army mail clerk at APO 932, a branch of the San Francisco, Calif., post office. An exhaustive investigation has failed to adduce conclusive evidence as to the exact manner in which the deficiency arose. However, no evidence was disclosed indicating that the deficiency was due to embezzlement on the part of the former Army mail clerk. In the opinion of one of the post-office inspectors who investigated the matter, the most reasonable solution is that the former Army mail clerk gave official funds to the finance officer at the APO, who was authorized to receive them, but failed to receive a check in return therefor. Another possibility is that shipments of stamp stock from the postmaster at San Francisco were lost while in transit to the APO, but the investigation failed to produce sufficient evidence to authorize an allowance of credit for loss in transit under the provisions of the act of March 17, 1882 (39 U. S. C. 49). A third theory advanced to explain the deficiency is that it might have some relationship to an overage of $834.64 at APO 502, which was located near APO 932. However, as stated, the evidence failed to establish any of these theories. This matter was referred to the Comptroller General with a view to having relief granted to Mr. Malarin under the provisions of Public Law 321, approved August 1, 1947. In an opinion dated April 21, 1948 (B-74470), the Comptroller General stated: 66* * * there is no deficiency in the accounts of the postmaster at San Francisco or in the accounts of the former postal clerk at APO 932 for the relief of which consideration may be given under the act, and since there appears to be no appropriation from which refund to Malarin could be made so as to create a deficiency, I have to advise that there is not presented a case for which relief may be afforded under Public Law 321. * Accordingly, the only avenue of relief open to Mr. Malarin is by a special act of Congress. It is believed that the legislation submitted herewith will accomplish the purpose desired, and its enactment is recommended. Copies of pertinent papers in the files of this office are here with for the consideration of Congress. The Bureau of the Budget has advised this Department that there would be no objection to the presentation of this proposal for the consideration of the Congress. Sincerely yours, J. M. DONALDSON, O Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 624] The Committee on the Judiciary, to whom was referred the bill (S. 624) for the relief of Herman A. Bennink, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to preserve the United States citizenship of Herman A. Bennink. STATEMENT OF FACTS The pertinent facts in this case are set forth in the letter of the Assistant to the Attorney General to the then chairman of the Committee on the Judiciary of the United States Senate, dated May 10, 1948, with reference to a similar bill introduced in the Eightieth Congress, which letter reads as follows: DEPARTMENT OF JUSTICE, Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR. This is in response to your request for the views of this Department relative to the bill (S. 1982) for the relief of Herman A Bennink. The bill would provide that notwithstanding the provisions of section 404 of the Nationality Act of 1940, relating to the loss of nationality by naturalized citizens, Herman A. Bennink, who resides at Apeldoorn, Holland, shall not be considered to have lost his United States citizenship by reason of any period of residence outside of the United States prior to the date of its enactment. The records of the Immigration and Naturalization Service of this Department disclose that Mr. Bennink was born in Holland on April 17, 1896, and that he was admitted to the United States for permanent residence in 1920. He filed a petition for naturalization in the Supreme Court of Ulster County, N. Y., on March |