78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT No. 1191

CONSIDERATION OF H. R. 3956

FEBRUARY 24, 1944.-Referred to the House Calendar and ordered to be printed

Mr. CLARK, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 452]

The Committee on Rules, having had under consideration House Resolution 452, report the same to the House with the recommendation that the resolution do pass.

78TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 1192

AUTHORIZING THE PRESIDENT TO APPOINT FRANK T. HINES A BRIGADIER GENERAL IN THE ARMY OF THE UNITED STATES

FEBRUARY 24, 1944.-Ordered to be printed

Mr. SPARKMAN, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany S. 872]

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 872) to authorize the President to appoint Frank T. Hines a brigadier general in the Army of the United States, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the House amendment insert the following: That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint any former officer of the Regular Army, who, after active military service of more than fifteen years, has resigned his commission and who subsequently served for a period of more than fifteen years either as Director of the Veterans' Bureau or as Administrator of Veterans' Affairs, or both, an officer on the active list of the Regular Army in the grade held by him at the time of such resignation and thereafter immediately place him on the retired list of the Army in that grade and with the retired pay thereof.

SEC. 2. Notwithstanding any other provision of law, any such person may be so appointed and retired while holding civil office, and may continue to hold, or be appointed to, civil office to which compensation is attached, but, while entitled to receive the pay or compensation attached to any such civil office, shall not be entitled to receive active or retired pay by virtue of his military status.

H. Repts., 78-2, vol. 27

Amend the title so as to read: "An Act to provide retirement benefits for certain persons who serve as Administrator of Veterans' Affairs."

And the House agree to the same.

ANDREW J. MAY,

R. EWING THOMASON,

JOHN SPARKMAN,

WALTER G. ANDREWS,

DEWEY SHORT,

Managers on the part of the House.

ROBERT R. REYNOLDS,

LISTER HILL,

WARREN R. AUSTIN,

Managers on the part of the Senate.

STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 872) to authorize the President to appoint Frank T. Hines a brigadier general in the Army of the United States, submit the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:

The House amendment struck out all of the Senate bill after the enacting clause. The committee of conference recommends that the Senate recede from its disagreement to the amendment of the House, with an amendment, which is a substitute for both the Senate bill and the House amendment, and that the House agree to the same. Except for the differences noted in the following statement, the conference substitute is the same as the House amendment.

In section 1 the words "advice and" were inserted in the second clause in order to conform with the traditional language of the Constitution concerning the authority of the President to appoint officers of the United States by and with the advice and consent of the Senate. Section 1 was further amended so as to provide that the terms of the act would only apply to an officer who has performed active military service for more than 15 years. The language contained in section 2 was added for the purpose of expressly authorizing the appointment of any person under section 1 notwithstanding the provisions of existing law pertaining to the holding of more than one office. However, section 2 precludes the receipt by such person of active or retired pay by virtue of his military status while entitled to receive the pay or compensation attached to a civil office.