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75TH CONGRESS 3d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 2364

EXEMPTING RETIRED OFFICERS OF THE MARINE CORPS AND COAST GUARD FROM CERTAIN RESTRICTIONS WITH RESPECT TO HOLDING OFFICE UNDER THE UNITED STATES

MAY 17, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CHURCH, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany S. 1532]

The Committee on Naval Affairs, to whom was referred the bill (S. 1532) to exempt retired officers of the Marine Corps and Coast Guard from certain restrictions with respect to holding office under the United States, having considered the same, report it to the House with the recommendation that it do pass.

The purpose of the bill is to amend the second sentence of section 2 of the Legislative, Executive, and Judiciary Appropriation Act, approved July 31, 1894 (28 Stat. 205; U. S. C., title 5, sec. 62) by striking out the words "Army or Navy" and inserting in lieu thereof the words "Army, Navy, Marine Corps, or Coast Guard."

Existing laws (sec. 2 of the act approved July 31, 1894, as amended, U. S. C., title 5, sec. 62), exempts certain retired officers of the Army and Navy, whose annual compensation may amount to $2,500, from the inhibition against holding any other public office to which compensation is attached and to which they may be elected or appointed by the President by and with the advice and consent of the Senate. The present bill extends this exemption to retired officers of the Marine Corps and Coast Guard.

This bill does not change the provisions of section 212 of the act of June 30, 1932. That act provides that where a retired officer has qualified for and accepted appointment to a civilian office or position under the Federal Government or the municipal government of the District of Columbia, or under any corporation the majority of the stock of which is owned by the United States, the combined rate of his compensation in such civilian office or position and his retired pay for or on account of commissioned service is limited by law to $3,000 per annum, but if the retired rate of pay exceeds $3,000, then the

retired officer can only receive one pay and must therefore make a choice as to whether he will continue to receive his retired pay or the civil-position pay. Should he give up his retired pay while holding the civil office, he may again receive his retired pay when he relinquishes his civil office."

The committee is of the opinion that retired officers of the Marine Corps and Coast Guard should be granted the exemption already enjoyed by officers of the Army and Navy.

This bill has the approval of the Navy Department as is indicated by the letter from the Secretary of the Navy to the House Committee on Naval Affairs which is hereby made a part of this report.

NAVY DEPARTMENT,
Washington, June 1, 1987.

The CHAIRMAN, COMMITTEE ON NAVAL AFFAIRS,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: The bill (S. 1532) to exempt retired officers of the Marine Corps and Coast Guard from certain restrictions with respect to holding office under the United States was referred to the Navy Department by your committee with a request for report and recommendation.

The purpose of this bill is to amend the second sentence of section 2 of the Legislative, Executive, and Judiciary Appropriation Act, approved July 31, 1894 (28 Stat. 205; U. S. C., title 5, sec. 62) by striking out the words "Army or Navy" and inserting in lieu thereof the words "Army, Navy, Marine Corps, or Coast Guard."

The second sentence of section 2 of the above-mentioned act reads as follows: "No person who holds an office the salary or annual compensation attached to which amounts to the sum of $2,500 shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate." The bill (S. 1532) amending this sentence would add to the exempted class retired officers of the Marine Corps or Coast Guard. There appears to be no objection to such a change, especially in view of the amendment to such act by the act of May 31, 1834 (43 Stat. 245; U. S. C., title 5, sec. 62), which reads as follows: 66* * * Retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty shall not, within the meaning of this section, be construed to hold or to have held an office during such retirement."

The Navy Department recommends the enactment of the bill, S. 1532.

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 provisions of existing laws which it is proposed to repeal or amend, and (2) the parts of the bill making the repeal or amendment:

No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially authorized thereto by law; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or

No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially authorized thereto by law; but this shall not apply to retired officers of the Army, Navy, Marine Corps, or Coast Guard whenever they may be

whenever the President shall appoint elected to public office or whenever the them to office by and with the advice President shall appoint them to office and consent of the Senate. Retired en- by and with the advice and consent of listed men of the Army, Navy, Marine the Senate. Retired enlisted men of Corps, or Coast Guard retired for any the Army, Navy, Marine Corps, or cause, and retired officers of the Army, Coast Guard retired for any cause, and Navy, Marine Corps, or Coast Guard retired officers of the Army, Navy, who have been retired for injuries re- Marine Corps, or Coast Guard who ceived in battle or for injuries or in- have been retired for injuries received capacity incurred in line of duty shall in battle or for injuries or incapacity not, within the meaning of this section, incurred in line of duty shall not, within be construed to hold or to have held an the meaning of this section, be conoffice during such retirement. strued to hold or to have held an office during such retirement.

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