law providing for retirement for over 30 years of service, the number of those having Navy or Marine Corps service who would take advantage of this legislation may be expected to be relatively very small. War Department report on S. 2029 follows: Hon. MORRIS SHEPPARD, Chairman Committee on Military Affairs, United States Senate. March 5, 1935. DEAR SENATOR SHEPPARD: Careful consideration has been given to the bill (S. 2029), to authorize naval and Marine Corps service of Army officers to be included in computing dates of retirement, which you transmitted to the War Department under date of February 28, 1935, for information and the views of the department relative thereto. The provision of existing law with which S. 2029 is concerned is as follows (sec. 1243, Rev. Stat.): When an officer has been thirty years in service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list. Under existing law, the allowing of credit in each of the armed services for time spent in any of the other armed services prevails for most purposes as is indicated below: Officers of the Navy or Marine Corps receive retirement credit for service in the Regular or volunteer Army or Navy (22 Stat. 473) (Public, 263, 73d Cong). Officers of the Army, Navy, or Marine Corps receive longevity pay credit for service in any of the three services (41 Stat. 604). Enlisted men of the Army, Navy, or Marine Corps receive retirement credit for service in any of the three services (34 Stat. 1217). As officers of the Army, under existing law, do not receive retirement credit for service in the Navy or Marine Corps, it is seen that they are discriminated against in this respect. The proposed legislation would correct this inequality. Of There are in the Army at present 87 officers who have had service in the Navy or Marine Corps, in amounts varying from 14 days to 7 years and 4 months. these, a number have completed 30 years' service and will receive no benefit from the bill. As only about 12 percent of officers who retire do so under the law providing for retirement for over 30 years of service, the number of those having Navy or Marine Corps service who would take advantage of the proposed legislation, if enacted, may be expected to be relatively very small. There is no way of knowing how many, or which of that portion of the 87 officers who have not completed 30 years of service would take advantage of the proposed legislation if enacted. However, the War Department estimates that such legislation would create no charge upon the Public Treasury for several years, if ever. Because of the maximum pay credit for longevity of officers who retire for over 30 years of service, the difference between their active pay and allowances and their retired pay more than provides for the junior officers for whom they create vacancies. In view of the foregoing, the War Department recommends the enactment of S. 2029. MARCH 4 (calendar day, MARCH 8), 1935.-Ordered to be printed Mr. BAILEY, from the Committee on Claims, submitted the following REPORT [To accompany S. 1864] The Committee on Claims, to whom was referred the bill (S. 1864) for the relief of the State of Nebraska, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: Strike out all after the enacting clause and insert in lieu thereof the following: That notwithstanding the provisions of section 3646, as amended, of the Revised Statutes of the United States, the issue of a duplicate check is hereby authorized and directed, without the requirement of an indemnity bond, said check to be a duplicate of original check numbered 15757, drawn by the disbursing clerk, Department of Agriculture, January 17, 1934, in favor of "State treasurer of Nebraska, trust fund", for $10,451.12 and lost, stolen, or miscarried in the mails. During the Seventy-third Congress the House passed a similar bill which was favorably reported to and passed by the Senate with an amendment. In the closing days of the Congress the House failed to agree to the Senate amendment and the bill did not become a law. The change in the present bill is made at the suggestion of the Department of Agriculture. The facts are fully set forth in Senate Report 1313, Seventy-third Congress, second session, and in a communication from Secretary Wallace, both of which are appended hereto and made a part of this report. [S. Rept. No. 1313, 73d Cong., 2d sess.] The Committee on Claims, to whom was referred the bill (H. R. 9820) for the relief of the State of Nebraska, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: In line 6, strike out the word "with" and insert in lieu thereof the word "without". The following letter from the Chief of the Bureau of Public Roads, Department of Agriculture, is appended hereto and made a part of this report: UNITED STATES DEPARTMENT OF AGRICULTURE, Hon. WILLIAM H. THOMPSON, United States Senate. DEAR MR. THOMPSON: On June 2, 1934, Congressman Shallenberger introduced a bill authorizing the issuance of a duplicate check to the State treasurer of Nebraska. This bill was introduced at the request of the Secretary of Agriculture. This bill was identical to the bill introduced by you, S. 3624, except that the words "Trust Fund" had been inserted after "State Treasurer of Nebraska". This change was made because the original check had been drawn payable to the "State Treasurer of Nebraska (Trust Fund)". The bill introduced and passed in the House was amended after a question by Congressman Blanton changing the word "without" to "with", thus requiring an indemnity bond as provided under section 3646 of the Revised Statutes of the United States. On April 14, 1934, the attorney general of the State of Nebraska advised the State treasurer that in his opinion nothing in the Nebraska statutes, either expressly or impliedly, gives the treasurer the right or authority to secure an indemnity bond payable to the disbursing officer of the Department of Agriculture. Your bill, S. 3624, and the bill passed by the House were introduced because the lost check was payable to the State treasurer, who cannot give an indemnity bond without an act of the legislature of the State and an appropriation of the cost of the premium. On December 6, 1928, Private, 298, Seventieth Congress, was approved, which provided for the issuance of a duplicate check to the State treasurer of South Carolina. On June 11, 1930, Private, 339, Seventy-first Congress, was approved authorizing the issuance of a duplicate check to the State treasurer of Utah. In order to permit the disbursing officer of the Department of Agriculture to issue a duplicate check to the State treasurer of Nebraska (trust fund), it is requested that you have the House bill brought before the Senate and amended by striking out the word "with" and reinstating the word "without." Your cooperation in this matter will be greatly appreciated both by the Bureau of Public Roads and the State treasurer of Nebraska. Very truly yours, THOS. H. MACDONALD, Hon. JOSIAH W. BAILEY, AGRICULTURE DEPARTMENT, Chairman Committee on Claims, United States Senate. DEAR SENATOR: Receipt is acknowledged of your letter of May 29, transmitting a copy of a bill (S. 3624) with request that the committee be furnished with an opinion as to its merits. This bill would authorize and direct the disbursing clerk of this Department, notwithstanding the provisions of section 3646 of the Revised Statutes of the United States, as amended, to issue a duplicate of original check numbered 15757 without the requirement of an indemnity bond. The original of the aforementioned check was drawn January 17, 1934, in favor of the State treasurer of Nebraska for the sum of $10,451.12. This check was issued in payment of a voucher submitted on Nebraska-United States Public Works highway project NRH 236-D. This check was forwarded to the State treasurer by registered mail and the records show that it was delivered, delivery being signed for by the deputy State treasurer January 19, 1934. Careful search has failed to locate the check so that it must have been lost in some fashion after receipt by the State treasurer. It has not been cashed. Favorable action on the bill is recommended. Sincerely yours, H. A. WALLACE, Secretary. O 74TH CONGRESS 1st Session } SENATE { REPORT No. 286 AUTHORIZE THE DISPOSAL OF SURPLUS PERSONAL PROPERTY, INCLUDING BUILDINGS, OF THE EMERGENCY CONSERVATION WORK MARCH 4 (calendar day, MARCH 8), 1935.-Ordered to be printed Mr. WAGNER, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany S. 82] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 82) to authorize the disposal of surplus personal property, including buildings, of the Emergency Conservation Work, having considered same, report favorably thereon with the following amendment, which was suggested by the Secretary of the Interior: Page 1, line 10, insert the following after the word "That", "upon the recommendation of the Department under which the technical work of the camp was organized and supervised". Facts concerning the proposed legislation are set forth in the favorable reports of the Secretary of the Interior and the Secretary of Agriculture, dated January 23 and 25, respectively, which are herewith attached and made a part of this report. Hon. ROBERT F. WAGNER, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR MR. CHAIRMAN: I have received your letter of January 8, requesting a report on S. 82, entitled "A bill to authorize the disposal of surplus personal property, including buildings, of the Emergency Conservation Work." This proposed legislation would authorize the Director of Procurement, Treasury Department, to transfer personal property, including buildings, when no longer required for Emergency Conservation Work and declared surplus by the Director of the Emergency Conservation Work, to permanent and/or emergency Federal agencies, and if not desired by any such agencies, to departments of States, counties, or municipalities, or to private organizations engaged in the promotion of education, recreation, and/or health. Under section 2, all surplus property not desired for any of the above purposes is authorized to be disposed of through sale, or otherwise, by the Director of Procurement. It is recommended that the bill be amended by inserting the following language after the word "That" on page 1, line 10: "upon the recommendation of the Department under which the technical work of the camp was organized and supervised.” It appears that the provisions of S. 82, with this suggested amendment, satisfactorily cover the disposal of personal property of the Emergency Conservation Work. I therefore recommend that S. 82, if amended as indicated above, receive favorable consideration by the Congress. Sincerely yours, JANUARY 25, 1935. Hon. ROBERT F. WAGNER, Chairman Committee on Public Lands and Surveys, United States Senate. DEAR SENATOR WAGNER: Reference is made to your letter of January 8, enclosing copy of S. 82, a bill "To authorize the disposal of surplus personal property, including buildings, of the Emergency Conservation Work", and asking for a report thereon. This bill is identical with House bill 9619 of the last Congress on which this Department made a favorable report on May 15, 1934. For the accomplishment of the purposes of the Emergency Conservation Work program, it has been necessary to construct some 1,500 camps for the accommodation of the enrollees of the Civilian Conservation Corps. These camps, accommodating 200 men, consist of temporary wooden structures built of rough lumber for barracks, mess hall, recreation hall, office, storehouse, blacksmith shop, sheds for motor vehicles, and quarters for the supervisory personnel. A number of these camps are now no longer required for the work of the Civilian Conservation Corps, and as the program progresses the number will be largely increased. The buildings, because of the temporary character of their construction, are subject to rapid deterioration, and it is desirable to avoid the expenditure of emergency conservation work funds for their maintenance and care or for the payment of leases where the camps are situated on private land. Many applications are being made for the use of the surplus property of the Civilian Conservation Corps by various departments of the States, counties, or municipalities, or by organizations interested in public welfare, such as camps for undernourished children, boy scouts, 4-H clubs, and similar bodies. There is not, however, no legal authority for the transfer of the property in such cases. Senate bill 82 amply safeguards the interests of the Government, for provision is made for the transfer of surplus property to any Federal agency, such as the Forest Service for use in the administration of the national forests. If there is no Federal need for the property, then the Director of Procurement may effect transfer without cost to the various States for the use of their forestry, park, or educational departments; to counties or municipalities; or to organizations engaged in the promotion of education, recreation, and health. Where there is no demand to serve any of these purposes, the Director of Procurement may sell or otherwise dispose of the property. There is definite need for this legislation and its enactment is therefore recommended by the Department. Very sincerely yours, H. A. WALLACE, Secretary. |