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HOUSE OF REPRESENTATIVES

78TH CONGRESS

2d Session

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REPORT No. 1405

AUTHORIZING THE APPOINTMENT OF THE CHIEF OF CHAPLAINS TO THE TEMPORARY RANK OF MAJOR GENERAL

APRIL 27, 1944.--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 Military Affairs, submitted the

following

REPORT

[To accompany H. R. 3604)

The Committee on Military Affairs, to whom was referred the bill (H. R. 3604) authorizing the appointment of chaplains as general officers of the Army of the United States, having considered the same, submit the following report thereon, with the recommendation that it do pass with the following amendments:

(1) Change the title of the bill to read as follows: A bill authorizing the appointment of the Chief of Chaplains to the temporary rank of major general, and for other purposes.

(2) Strike out all after the enacting clause and insert in lieu thereof the following:

That, notwithstanding any other provision of law, during the present war and for six months thereafter, the President shall be authorized to appoint, by and with the advice and consent of the Senate, the Chief of Chaplains to the temporary rank of major general, and chaplains as temporary general officers not above the grade of major general in such numbers as may be recommended by the Secretary of War. All officers so appointed shall be commissioned in the Army of the United States and shall receive the pay and allowances of the grade to which temporarily appointed: Provided, That any appointment made under the provisions of this Act may be vacated at any time by the President, and, if not sooner vacated, shall continue during the present war and six months thereafter.

This bill authorizes the President during the existing war and for 6 months thereafter to appoint, by and with the advice and consent of the Senate, the Chief of Chaplains to the temporary rank of major general, and chaplains as temporary general officers not above the grade of major general in such numbers as may be recommended by the Secretary of War. The bill further provides that all officers so appointed shall be commissioned in the Army of the United States and shall receive the pay and allowances of the grade to which tem

porarily appointed. Appointments made pursuant thereto may be vacated at any time by the President, and, if not sooner vacated, shall continue during the present war and 6 months thereafter.

Under existing law the Chief of Chaplains is authorized to hold the temporary rank of brigadier general and to receive the pay and allowances of a brigadier general while serving in such grade.

Your committee is of the opinion that there should be authority to appoint the Chief of Chaplains to the temporary rank of major general and to appoint chaplains as temporary general officers of the Army of the United States not above the grade of major general. The Army is organized in accordance with tables of reorganization and allotments. These tables prescribe the number of positions required in each grade from private to general. The grade of the position depends upon the duties and responsibilities which the incumbent is required to assume. It is believed that when their duties and responsibilities justify such rank, authority should exist to permit the appointment of the Chief of Chaplains to the temporary grade of major general and the appointment of chaplains to the temporary grades of general officer not above the grade of major general.

For the information of the Members of the House the provision of law affected by the proposed amendment is set forth below:

That during the unlimited national emergency declared by the President on May -?, 1941, and for six months after the termination thereof, the Chief of Chaplains shall be entitled to hold the temporary rank of brigadier general, and shall receive the pay and allowances of a brigadier general while serving in such grade. The War Department letter follows:

MARCH 15, 1944. Hon. ANDREW J. MAY, Chairman, Committee on Military Affairs,

House of Representatives, Washington, D. C. .DEAR MR. MAY: The War Department favors the enactment of H. R. 3604, Seventy-eighth Congress, a bill authorizing the appointment of chaplains as general officers of the Army of the United States, provided that it is amended as hereinafter suggested.

The purpose of the proposed legislation is to authorize during the present national emergency and for 6 months thereafter, the appointment of chaplains as general officers of the Army of the United States in such numbers and grades as may be recommended by the Secretary of War.

Under existing law the Chief of Chaplains is entitled to hold the temporary rank of brigadier general and to receive the pay and allowances of a brigadier general while serving in such grade (act of November 21, 1941, 55 Stat. 779).

The Army is organized in accordance with tables of organization and allotments which prescribe the number of positions required in each grade from private to general. The grade of the position is dependent upon the duties and responsibilities which the incumbent, whoever he may be, is required to assume.

The War Department believes that there should be authority to appoint the Chief of Chaplains to the temporary rank of major general and to appoint chaplains as temporary general officers of the Army of the United States not above the grade of major general in such numbers as may be recommended by the Secretary of War, whenever the duties and responsibilities placed upon the officers concerned justify such action.

There is submitted herewith a substitute bill which is a modification of the proposed legislation in harmony with the above views.

The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,

HENRY L. STIMSON,

Secretary of War. O

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AMENDING AN ACT GRANTING INCREASES IN COMPENSATION TO SUBSTITUTE EMPLOYEES IN THE POSTAL SERVICE

APRIL 27, 1944.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. O'BRIEN of Michigan, from the Committee on the Post Offices

and Post Roads, submitted the following

REPORT

[To accompany H. R. 4680]

The Committee on the Post Office and Post Roads, to whom was referred the bill (H. R. 4680) amending an act granting increases in compensation to substitute employees in the Postal Service, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE LEGISLATION

The purpose of this proposed legislation is to correct an unforeseen result in the operation of Public Law 266 (H. R. 2836) whereby the compensation of certain substitute village carriers would be reduced, which, with the need for correction therein, is fully explained in a letter addressed to the Speaker of the House by the Postmaster General, dated April 21, 1944, which is reproduced herein as follows:

OFFICE OF THE POSTMASTER GENERAL,

Washington, D. C., April 21, 1944. Hon. Sam RAYBURN,

Speaker, House of Representatives. MY DEAR MR. RAYBURN: My attention has been called to the fact that by the operation of Public, No. 266 (H. R. 2836) approved March 24, 1944, an act "to grant increases in compensation to substitute employees in the Postal Service, and for other purposes," the compensation of substitute village carriers who have served a sufficient number of hours to bring them within grade 2 would suffer a reduction in pay.

The act of February 28, 1925 (ch. 368, sec. 10, 43 Stat. 1064) fixes the basic pay of substitute letter carriers in the village delivery service at the rate of $0.50 per hour. The same act fixes the basic pay of regular carriers in the village

delivery service at $1,150 to $1,350 per annum. It will thus be seen that the basic pay of regular grade 1 village delivery carriers is at the rate of $0.4698

per hour.

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The language of Public Law No. 266 provides that substitute postal employees, after two thousand four hundred and forty-eight hours of actual and satisfactory service as such substitute, * shall be paid for services actually performed at the rate of the annual salary received by regular employees of the first grade,

Therefore, instead of increasing the compensation of substitute village delivery carriers who have served the requisite number of hours to entitle them to an increase in compensation, Public Law No. 266 would, in fact, cause a reduction in compensation of $0.0302 per hour to those substitutes who have served 2,448 hours.

In enacting Public Law No. 266 it was the manifest intention of Congress to grant an increase in compensation to substitute employees. It is, therefore, recommended that the act be amended by the insertion after the third proviso in section 1 of a further proviso such as that set forth on the accompanying sheet.

It is estimated that approximately 200 substitute village-delivery carriers would be affected and that the increased cost would be negligible.

It has been ascertained from the Bureau of the Budget that this recommendation for an amendment to Public Law No. 266 is in accord with the program of the President. Very truly yours,

K. P. ALDRICH,

Acting Postmaster General. 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 (new matter is printed in italics, existing law in which no change is proposed is shown in roman):

(PUBLIC Law 266–78TH CONGRESS)
(CHAPTER 134—2D SESSION)

(H. R. 2836) AN AOT To grant increases in compensation to substitute employees in the Postal Service, and for other

purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That substitute postal employees, after two thousand four hundred and forty-eight hours of actual and satisfactory service as such substitute, including service as a special-delivery messenger, shall be paid for services actually performed at the rate of the annual salary received by regular employees of the first grade, the hourly rate to be computed by dividing the annual salary of such regular employees by the number two thousand four hundred and forty-eight; and thereafter the rate of pay of such substitute employees shall be increased to the annual rate of the next higher grade of such regular employees, computed in the same manner, upon the completion of each additional period of two thousand four hundred and forty-eight hours of actual and satisfactory service, until they shall have attained the rate for the highest successive rate of regular pay or shall have received appointment to a regular position: Provided, That there shall be not more than one increase in the rate of pay of such employees within a twelve months' period: Provided further, That the increases in the rate of pay provided herein shall become effective at the beginning of the quarter following the completion of two thousand four hundred and fortyeight hours of required service: Provided further, That in the adjustment of the increases in the rates of pay provided herein credit shall be given for not exceeding three years of past continuous service and the hourly rate of compensation adjusted accordingly.

Provided further, That in the adjustment of compensation for substitute village delivery carriers, incident to the operation of this Act, the pay of such substitute village delivery carriers shall not be reduced.

SEC. 2. Upon appointment to a regular position in the Postal Service an employee shall receive credit for actual service performed as a substitute, including time served as a special-delivery messenger on the basis of one year for each unit of two thousand four hundred and forty-eight hours, and shall be promoted to the grade to which such employee would have progressed had his original

appointment been to grade 1. Any fractional part of a year's service as a substitute shall be included with regular service in determining eligibility for promotion to a higher grade, following appointment to a regular position.

Sec. 3. Allowable service under the provisions of this Act shall be only such service as has been rendered during continuous active service and shall not include previous periods or terms of employment: Provided, however, That in the case of those who have been separated, or shall hereafter be separated, from the Postal Service for military duty, the periods of terms of service immediately preceding induction into the military service, as well as the time engaged in military service, shall be construed as allowable service, and pro rata credit shall be given for the time engaged in military service upon the basis of two thousand four hundred and forty-eight hours for each year of such service.

SEC. 4. The amounts of the increases in the rates of pay provided in this Act shall be regarded as part of the earned basic compensation for the purpose of computing the increase of 15 per centum of earned basic compensation authorized by the Act approved April 9, 1943, entitled "An Act to provide temporary additional compensation

for employees in the Postal Service. Approved March 24, 1944.

H. Repts., 78—2, vol. 3_20

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