CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000100670048-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 12, 2016
• Document Release Date: January 25, 2002
• Sequence Number: 48
• Publication Date: July 20, 1956
• Content Type: OPEN

1956
r.1"Z
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CONGRESSIONAL RECORD ? SENATE
committee of conference on the dis-
agreeing votes of the two Houses on the
amendment of the House to the bill (S.
2182) for the relief of the city of Elkins,
W. Va.
The message further announced that
the House insisted upon its amendment
to the bill (S. 3003) to amend the Agri-
cultural Trade Development and Assist-
ance Act of 1954, as. amended, so as to
increase the amount authorized to be
appropriated for purposes of title II
of the act, and for' Other purposes, dis-
agreed to by the Senate; 'agreed to the
conference asked by the Senate on the
disagreeing votes of the two Houses
thereon, and that Mr. COOLEY, Mr.
POAGE, Mr. GRANT, Mr. HOPE, and Mr.
ANDRESEN were appointed managers on
the part of the House at the conference.
The message also announced that the
House had agreed to the concurrent reso-
lution (S. Con. Res. 36) authorizing the
conferees on H. R. 1774, abolishing the
Verendrye National Monuinent, N. Dak.,
to consider certain additional Senate
amendments.
The message further announced that
the House had pasied the following bills
and joint resolution, in which it re-
quested the concurrence of the Senate:
H. R. 5435. An act to amend further the
Federal Civil Defense Act of 1950, as
amended, to authorize the Federal Civil De-
fense Administration to proeure radiological
instruments and detection devices, and for
other purposes;
H. H. 11969. An act to require certain safe-
ty devices on household refrigerators shipped
in interstate commerce;
E. H. 12170, An act to remove the present
$1,000 limitation which prevents the Secre-
tary of the Navy from settling certain claims
arising out of the crash of a naval aircraft at
the Wold-Chamberlain Airfield, Minneapolis,
Minn.; and
IL J. Res. 549. Joint resolution granting
the consent of Congress to the State of New
York to negotiate and enter into an agree-
ment or compact with the Government of
Canada for the estalsiishment of the 'Niagara
Frontier Port Authority with power to take
over, maintain, and operate the present high-
way bridge over the Niagara, River between
the city of Buffalo, N. Y., and the city of Fort
Erie, Ontario, Canada.
?
The message also announced that the
louse had agreed to the following con-
current resolutions, in which it requested
the concurrence of the Senate:
H. Con. Ttes, 254. Concurrent resolution au-
thorizing the printing of additional copies
of liouse Reports Noa. 2240, 2241, 2242, 2243,
and 2244, current session;
H. Con. He, 261. Concurrent resolution au-
thorizing the printing of additional copiaa
of the hearings on civil defense for 'national
survival held during the current seSsion by
a subcommittee of the Committee on Gov-
ernment Operations;
H. Con. Res. 262. Concurrent resolution au-
thorizing the Joint Committee on Atomic
Energy to print 40,000 additiSnal copies of
the hearings of the Research and Develop-
ment pabcommittee 9n Progress Report on
Research atilitectic,ine, 13iology, and Agricul-
ture Using ItadfOactfve Isotopes; and
II. Cori. Rea. 26. Concurrent resolution au-
thor1z4ng additional copies of the hearing
on Labor-Management Problems of the
American Merchant Marine.
ENROLLED BILLS SIGNED
The message further announced that
the Speaker had affixed his signature to
the following enrolled bill, and they
were signed by the President pro tern-
pore:
8.3498. A bill to extend authority of the
American Battle MonuMents Commission to
all areas in which the Armed Forces of the
United States have conducted operations
since April 6, 1917, and for other purposes;
and
H. R. 9801. An act to authorize and direct
the Panama Canal Company to construct,
maintain, and operate a bridge over the Pan-
ama Canal at Balboa, C. Z.
HOUSE BruLS REFERRED
The following bilis were each read
twice by their titles and referred as in-
dicated:
11.11.5.435. An act to amend further the
Federal Civil Defense Act of 1950,. as ainend-
ed, to authorize the Federal Civil Defense
Administration to procure reffliological in-
struments and detection devices, and for
' other purposes; to the Committee on Armed
Services.
H. H. 11969. An act to require certain safe-
ty devices on household refrigerators shipped
in interstate commerce; to the Committee
on Interstate and Foreign Commerce.
Research in' litedicine, Bio tgy, asia Af.ricul-
ture Using Radioactive Isot )pes."
The concurrent resol ition H. Con.
Res. 263) authorizing a Idition d ropes
of the hearing on Lab )r-lVfar agl merit
Problems of the America't Merc an i Ma-
rine, was referred to thy., Conuaittee on.
Rules and Administratit n as f 'Rows:
Resolved by the House cf Repre ,en, ati er
(the Senate concurring), That thure Or
printed for the use of tie Corn nittee rn
Merchant Marine and Fif aeries, Hceise of
Representatives, 1,000 ado _tional cot les 01
the hearing held by said omm7t1 xe mr ru-;
the current Congress, firs. sessio. , r lanve
to labor-management p oblerns o nc
American merchant marine
HOUSE CONCURRENT RESOLUTIONS
REFERRED
The concurrent resolution (H. Con.
Res. 254) authorizing the printing of ad-
ditional copies of House Reports Nos.
2240, 2241, 2242, 2243, and 2244, current
session, was referred to the Committee
on Rules and Administration, as fol-
lows:
Resolved by the House of Representatives
(the Senate concurring), That there be
printed for the use of the Committee on
Un-American Activities, House of Represent-
atives, 10,000 additional copies each of
House Reports Nos. 2240, 2241, 2242, 2243,
and 2244, current session, all of which are
reports on the Communist conspiracy.
The concurrent resolution (H. Con.
Res. 261) authorizing the printing of ad-
ditional copies of the hearings on civil
defense for national survival held dur-
ing the current session by a subcommit-
tee of the Committee on Government
Operations, was referred to the Com-
mittee on Rules and Administration, as
follows;
Resolved by the House of Representatives
(tlie Senate concurring), That there be
printed' for the use Of the tonamittee on
Governinent Operations not to exceed 3,000
additional copies of each part of the hear-
ing held by the Subdommittee on Military
Operations, Committee on Government Op-
erations. during the 'current session rela-
tive to civil defense fOr national survival.
The concurrent resolution (H. Con.
Res. 262) authorizing the Joint Com-
mittee on Atomic Energy to print 40,000
additional copies of the hearings of the
Research and Development Subcommit-
tee on -"Progress Report on Research in
Medicine, Biology, and Agriculture tsing
Radioactive Isotopes," was referred to
the Committee on Rules and Adminis-
tration, as follows:
Resolved by The House of Representatives
(the Senate concurring), That there be
printed with illustrations for the use of the
Joint Committee on 'Atomic Energy 40,000
additional copies of the hearings held by
the Research and Development Subcommit-
tee of the said joint committee during the
84th Congress entitled "Progress Report on
EXECUTIVE PAY ACT. 95f
The Senate resumed t se cont de stint
of the bill (H. R. 7619 to aju,:. t I tie
rates of compensation of the net ds
executive departments and o e-rtain
other officials of the Federal Gevern-
ment, and for other pumoses, v hien Ii ad
been reported from tla Comt tittiie oh
Post Office and Civil Uerviee wi .h an
amendment to strike out all aft, r t;le en--
acting clause and insert.
TITLE /---FASIC COMPENSATI 04 FOR HE k DS OP
EXECUTIVE DEPARTMENTS AND OHS? FI'D-
ERAL OFFICIALS
SEC. 101. This title may be cite 'as "Fs.d-
eral Executive Pay Act of 1956."
SEC. 102. The annual r te of 1 asit cern-
pensation of each of the offices 0 pt'liti 115
listed in ,his section shal be $2',.00u.
(1) Secretary of State.
(2) Secretary of Treast ry.
(3) Secretary of Defeats.
(4) AttJrney General.
(5) Postmaster General.
(6) Secretary of the Is tenor.
(7) Secretary of Agricu tore.
( 8) secretary of Comm :!ree.
(9) Secretary of Labor,
(10) Secretary of Healt Ethic tici, sm.1
Welfare.
SEC. 103. (a) The ann sal /let. ax bas
compensation of each of tne offro s o posi-
tions listed in this subsecti,,n ths II he 1,22, hmt.
(1) Director, Bureau of the kit age..
(2) Comptroller Genere,.
(3) DIT2CLOr, Office of iefense M 0111.5D-
tion.
(4) Under Secretary of ;tate.
(5) Deputy Secretary of DefenS
(b) The annual rate di basic .orr per sa-
tion of each of the offices r posit om lie Led
in this subsection shall be 622,00t
(1) Secretary of the Ar ny.
(2) Secretary of the Na y.
(3) Secretary of the Air Force.
SEC. 104. The annual r ar oi ate cent-
pensation of each of the otines o pe,,ritssis
listed in this section shal be $21 000
(1) Commissioner, Intel vat His ntr
I (2) Director of Centre," Intel! terw.e.
(3) Director, Federal B freau f I ivetti-
gation.
(4) Administrator, Fedi rid Cis I 1,efcnse
Administration.
(5) Administrator of C eneral ier ice ..
(6) Administrator of B rusing ine Horne
Finance Agency.
(7) Administrator of 't eterani Arair.
(8) Director, Internati mal C >Op rat ton
Administration.
(9) Directbr, United S ates titer nal Ion
Agency.
(10) Governor, Farm f redit A am, ois,,ra-
tion.
(11) President, Export Import Bt nk 01
Washington.
(12) Under Secretary o the T etwiry
(13) Under Secretary 0" the T eas try for
Monetary Affairs.
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12448 CONGRESSIONAL. RECORD - SENATE
(14) Deputy Postmaster General.
(15) Under Secretary of Interior.
(16) Under Secretary of Agriculture.
(17) Under Secretary of Comm.erce.
(18) Under Secretary of Commerce for
Transportation.
(19) Under Secretary of Labor.
(20) Under Secretary of Health, Educa-
tion, and Welfare.
SEC. 105. The annual rate of basic com-
pensation of each of the offices or positions
listed in this section shall be
(1) Chairman, Civil Aeronautics Board
(2) Chairman, Civil Service Commission.
(3) Chairman, Council a Economic Ad-
visers.
(4) Chairman, Federal Communications
Commission.
(5) Chairman, Board of Directors, Fed-
eral Deposit Insurance Corporation.
(6) Chairman, Federal Maritime Soarer-
(7) Chairman, Federal Power Commission.
(8). Chairman, Board of Governors, Fed-
eral Reserve System.
(9) Chairman, Federal Trade Commission.
(10) Chairman, Foreign Claims Settle-
ment Commission.
(11) Chairman, Home Loan Bank Board.
(12) Chairman, Interstate Commerce
Commission.
(13) Chairman, National Labor Relations
Board.
(14) ChairmaneNational Mediation Board.
(15) Chairman, Railroad Retirement
Board.
(16) Chairman, Renegotiation Board.
(17) Chairman, Securities and Exchange
Commission.
(18) Chairman, Subversive Activities Con-
trol Board.
(19) Chairman, Board of Directors, Ten-
nessee Valley Authority.
(20) Chairman, United States Tariff Com-
mission.
(21) Comptroller of the Currency.
(22) Assistant Comptroller General.
(23) Deputy Administrator, Federal Civil
Defense Administration.
(24) Deputy Administrator of Veterans'
Affairs.
(25) Deputy Director, Bureau of the
Budget.
(26) Deputy Director, Central Intelligence
Agency.
(27) Deputy Director, Office of Defense
Mobilization.
(28) Deputy Director, United States in-
formation Agency.
(29) Deputy Under Secretary, Department
of State (3).
(30) Director, Federal Mediation and Con-
ciliation Service.
(31) First Vice President, Export-Import
Bank of Washington.
SEC. 106. (a) The annual rate of basic
compensation of each of the offices or posi-
tions listed in this subsection shall be
$20,000.
(1) Administrator, Bureau of Security and
Consular Affairs, State Department.
(2) Administrator of Civil. Aeronautics.
(3) Administrator, Commodity Stabiliza-
tion Service.
(4) Administrator, Rural Electrification
Adminietration.
(5) Administrator, Small Business Admin-
istration.
(6) Administrator, St. Lawrence Seaway
Development Corporation.
(7) Administrator, Wage and Hour Divi-
sion, Department of Labor.
(8) 'Archivist of the United States.
(9) Assistant Directors, Bureau of the
Budget (2).
(10) Assistant Postmasters General (5).
(11) Assistant Secretaries of Agriculture
(3)?
(12) Assistant Secretaries of Commerce
(3)-
(13) Assistant Secretaries of Defense (9).
(14) Assistant Secretaries of Health, Edu-
cation, and Welfare (2).
(15) Assistant Secretaries of Interior (3).
(16) Assistant Secretaries of Labor (3).
(17) Assistant Secretaries of State (10).
(18) Assistant Secretaries of Treasury (3).
(19) Assistant Secretaries of Air Force (4).
(20) Assistant Secretaries of Army (4).
(21) Assistant Secretaries of Navy (4).
(22) Associate Director, Federal Bureau of
Investigation.
(23) Chairman, Military Liaison Commit-
tee, AEC, Department of Defense.
(24) Commissioner, Community Facilities,
Housing and Home Finance Agency.
(25) Commissioner, Federal Housing Ad-
ministration.
(26) Commissioner of Patents.
(27) Commissioner, Public Housing Ad-
ministration.
(28) Commissioner, Urban Renewal Ad-
ministration.
(29) Counselor of the Department of
State.
(30) Deputy Administrator, Housing and
Home Finance Agency.
(31) Deputy Administrator, General Serv-
ices Administration.
(32) Deputy Director, Central Intelligence
Agency.
(33) Director, Administrative Office of the
United States Courts.
(34) Director, Bureau Of Prisons.
(35) Director, National Advisory Commit-
tee for Aeronautics.
(33) Director, National Science Founda-
tion.
(37) Director, Selective Service.
(38) Federal Highway Administrator.
(39) Fiscal Assistant Secretary of the
Treasury.
(40) General Counsel, National Labor Re-
lations Board.
(41) Governor of Alaska.
(42) Governor of the Canal Zone.
(43) Governor of Hawaii.
(44) Governor of Guam.
(45) Governor of the Virgin Islands.
(46) Librarian of Congress.
(47) President, Federal National Mortgage
Association.
(48) Public Printer.
(49) Special Assistant to the Secretary,
/ Department of Health, Education, and Wel-
fare.
(50) Under Secretary of the Army.
(51) Under Secretary of the Navy.
(52) Under Secrebary of the Air Force.
(53) Legal Adviser, solicitor, or general
counsel of an executive department (exclud-
ing Department of Justice).
(54) Members of boards and commissions
(excluding chairmen) :
Civil Aeronautics Board (4).
Civil Service Commission (2).
Council of Economic Advisers (2).
Board of Directors, Export-Import Bank of
Washington (3).
Federal Communications Commission (6).
Federal Deposit Insurance Corporation (1).
Board of Governors of Federal Reserve
System (6).
Federal Maritime Board (2)?
Foreign Claims Settlement Commission
(2).
Federal Power Commission (4).
Federal Trade Commission (4).
Home Loan Bank Soard (2).
Interstate Commerce Commission (10).
National Labor Relations Board (4).
National Mediation Board (2).
Railroad Retirement Board (2).
Renegotiation Board (4).
Securities and Exehange Commission (4).
Subversive Activities Control Board (4).
Board of Directors, Tennessee Valley Au-
thority (2).
U. S. Tariff Commission (5).
(b) The annual tate of basic compensa-
tion of each of the offices or positions listed
in this subsection shall be $19,000.
July 20
(1) Commissioner, Indian Claims Com-
mission (3).
(2) Commissioner, United States Court of
Claims (12).
SEC. 107. The annual rate of basic com-
pensation of each, of the offices or positions
listed, in this section shall be $17,500.
(1) Administrator, Agricultural Research
Service, Department of Agriculture.
(2) Administrator, Bonneville Power Ad-
ministration.
(3) Administrator, Farmers' Home Admin-
istration.
(4) Administrator, Soil Conservation
Service, Department of Agriculture.
(5) Assistant Director, Administrative
Office of the United States Courts.
(0) Associate Director, Federal Mediation
and Conciliation Service.
(7) Chief Assistant Librarian of Congress.
(8) Chief Forester of the Forest Service,
Department of Agriculture.
(9) Chief of Staff, Joint Committee on
Internal Revenue Taxation.
(10) Commissioner of Customs.
(11) Commissioner, Federal Supply Serv-
ice, General Services Administration.
(12) Commissioner Of Narcotics.
(13) Commissioner of Public Buildings
Service.
(14) Commissioner of Public Roads.
(15) Commissioner of Reclamation.
(16) Commissioner of Social Security.
(17) Commissioner, United States Court
of Claims (12).
(18) Deputy Administrator, Small Busi-
ness Administration (2).
(19) Deputy Administrator, St. Lawrence
Seaway Development Corporation.
(20) Deputy Commissioner, Internal Rev-
enue.
(21) Deputy Public Printer.
(22) First Asesistant Commission of Pat-
ents.
(23) Manager, Federal Crop Insurance
Corporation, Department of Agriculture.
Sac. 108. Except as otherwise specifically
provided in this title, the chairman or other
head of each independent board or commis-
sion in the executive branch shall receive,
during the period of his service as chairman
or other head of such board or commission,
annual basic compensation at a rate which
is $500 more than the annual rate of basic
compensation prescribed by this title for the
other members of such board or commission.
SEC. 109. Section 105 of title 3 of the
United States Code is amended to read as
follows:
"1 105. Compensation of secretaries and
executive, administrative, and staff assist-
ants to President.
"The President is authorized to fix the
compensation of the 6 administrative as-
sistants authorized to be appointed under
section 106 of this title, of the Executive
Secretary of the National Security Council,
and of 8 other secretaries or other immediate
staff assistants in the White House Office, as
follows: Two at rates not exceeding $22,500
per annum, 3 at rates not excgeding $21,000
per annum, 7 at rates not exceeding $20,000
per annum, and 3 at rates not exceeding
$17;500 per annum."
SEC. 110. The annual compensation for
each of the offices established by section 1
(d) of Reorganization Plan Numbered 7 of
1953, effective August 1, 1953 (67 Stat. 639)
shall be established by the Secretary of State
at a rate not more than $19,000.
SEC. 111. Section 2 of Public Law 565, 79th
Congress, approved July 30, 1946 (60 Stat.
712), is amended by striking out "$12,000"
and inserting in lieu thereof "$15,000".
SEC. 112. Section 527 (b) of the Mutual
Security Act of 1954, approved August 26,
1954 (Public Law 665, 83d Cong.) 68 Stat.
832) ) is amended by striking out "$15,000
per annum" and inserting in lieu thereof
"$19,000 per annum."
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1956 CONGRESSIONAL RtCORD -- SENATE 1 149
missioners, the remainins Corn- aim- oner
shall perfO,rn. -such functir os. Erhrim the
absence or diaability of all three :ton mh,-
sioners, or in the event of' Jacanct s the
offices of ail three Comroisa'oners, she
utive Director shall perform such f mei ions;
but the Executive Director hall at no time
sit as a member or acting membs oi the
Commission." -
SEC. 202: (a) This sectiob and se al? 201
(b) shall take effect on th date I e
ment of this act.
(b) Section 201 (a) slur', take ffe, t on
March 1, 1957.
SEC. 113. (a) The compensation schedule
for the General Schedule contined in section
603 (b) of the Classification Act of 194.9, as
amended, is amended by striking out:
"GS-17____ 13,975 14,190 1.4,405 14,620
GS-18____ 14,800"
and inserting in lieu thereof:
"GS-17_ 13, 975 14, 190 14, 405 11, 620 14, 835
GS-18_ 16, 000.".
(b) The rates of basic compensation of
officers and employees to whom this section
applies shall be initially adjusted as follows:
(1) If the Officer or employee is receiving
basic compensation immediately prior to the
effective date of this apt at a -scheduled rate
of grade 17 or 18 of the General Schedule,
he shall receive a rate of basic compensa-
tion at the corresponding scheduled rate in
effect on and after such date;
(2) If the officer or employee, immediately
prior to the effective date of this section,
is in a position in grade 17 of the General
Schedule and is receiving basic compensa-
tion at a rate between two scheduled rates
of such grade, he shall receive a rate of
basic compensation at the higher of the
two corresponding rates in effect on and
after such date;
(3) If the officer or employee, immediately
prior to the effective date of this section, is
In a position in grade 17 of the General
Schedule and is receiving basic compensa-
tion at a rate which is in excesapf the maxi-
Mum scheduled rate of his grade as pro-
vided in this section, he shall continue to
receive such higher rate of basic compensa-
tion until (I) he leaves such position, or
(ii) he is entitled to receive basic compensa-
tion at a righer rate by reason of the opera-
tion of the Classification Act of 1949, as
amended; but when such position becomes
vacant, the rate of basic compensation of any
subsequent appointee thereto shall be fixed
in accordance with su.e,h vat, as amended.
SEC. 114. The Postal Field Service Schedule
in section 301 (a) of the act of June 10,
_1955 (Public Law 68, 84th Cong.) is amended
hy striking out:
14? 300
and inserting in lieu thereof:
"18... 12, 800 13, 100 13, 400 13, 700 14, 000 14,300 14, 600
19_ 14, 000 14, 300 14, 600 14, 900 15, 200
20__ 16,000."
Sac. 115. Section 3 of the act of January
3, 1946, as amended (38 U. S. C. 15b), is
hereby amended as follows:
(a) The last sentence of section 3 '(b) is
amended to read: "During the period of his
service as such, the Chief Medical Director
shall be paid a salary of $17,800 a year."'
(b) The last sentence of section 3 (c) is
amended to read: "During the period of his
service as such, the beputy Chief Medical
Director shall be paid a salary of $1(1,800 a
year."
(c) That portion of section 3 (d) 'which
precedes the proviso is amended to read:
"Each Assistar4 Chief Medical Director shall
be appointed by the Administrator upon the
recommendation of the Chief .Medical Direc-
tor and shall be paid a salary of $15,800."
SEC. 116. (a) The first section of the act
approved August 1, 1947 (61 Stat. 715; Public
Law 313, 80th Cong.), as amended, relating
to salary limitations on research and 'devel-
opment positions requiring the services of
specially qualified scientific or prOfeisional
personnel in certain departments end-agen-
cies, is amended by striking out "$10,000"
and "$15,000" and inserting in lieu thereof
"$12,500" and "4319,000", respectively.'
(b) Section 208 (g) of the Public Health
Service Act, as amended (42 D. S. C. 210 (i)),
relating to salary limitations on research
and development positions requiring the
"18....
12, 500 12,
800 13,
100
13,
400
13,
700
14, 000
19._
13, 600 13,
900 14,
200
14,
500
14,
800
20....
14,800"
No. 124-7
services of specially qualified scientific or
professional personnel fn. the Public Health
Service is amended by striking out 110,000w
and "$20,000" and inserting in lieu thereof
"$12,000" and "*i9,000", respectively.
SEC. 117. The salary amendments con-
tained in section 116 shall not affect the
authority., of the Civil Service Commission
or the procedure for fixing theyay of indi-
vidual officers or employees under the stat-
utes therein amended; except that the exist-
ing rate of basic compensation of any officer
or employee to whom such section applies
which is less than a rate of $12,500 per an-
num shall be increased to such rate on the
effective date of this title.
Sac. 118. Section 12 of the act of May 29,
1884, as amended (21 U. S. C. 113a), relating
to salary limitation on technical experts or
scientists for research and study of foot-and-
mouth disease and other animal diseases, is
hereby amended by striking out "$15,000"
and inserting in lieu thereof "$19,000."
SEC. 119. The last paragraph under the
heading "Contingent Expenses of the Senate"
in the Legislative Appropriation Act, 1956, is
amended by striking out so much thereof as
reads "the basic compensation of one em-
ployee of each such committee may be fixed
at any rate not in excess of $8,460 per an-
num" and inserting in lieu thereof "the basic
compensation of two employees of each such
committee may be fixed at any rate not in
excess of $8,460 per annum."
Sac. 120. The gross rate of compensation
of the Legislative Counsel of the Senate shall
be $17,500 per annum.
Sec, 121. This title shall take effect at the
beginning of the first pay period commenc-
ing after June 30, 1956.
TITLE Il-PROVISIONS RELATING TO ORGANIZA.?
Tfort OF' cram SERVICE COMUISSION
Sac. 201. (a) The first section of the act
entitled "An act to regulate and improve
the civil service of the United,States," ap-
proved January ,16, 1883, as amended (5
U. S. C., sec. 632), is amended by inserting
Immediately after the first paragraph thereof
a paragraph as follows:
"The term of Office of each atieh Commis-
sioner shall be 6 years, except that (1) the
terms of office of the Commissioners holding
office on the effective date of this paragraph
(including the term of office of an individual
appointed to fill any vacancy in the Com-
mission existing on such effective date) shall
expire, as designated by the President, one
at the end of 2 years, pne at the end of 4
years, and one at the end of 6 years, after
such effective date; (2) any Commissioner
appointed to fill a vacancy occurring prior
to the expiration of the term of his prede-
cessor shall be appointed for the remainder
of such term; and (3) upon the expiration
of his term of office a Commissioner may
coatinue ,to serve until, his successor is ap-
pointed and has qualified."
(b) Such first section of such act of Jan-
uary 16, 1883, is further amended by adding
at the end thereof the following paragraph:
"In addition to designating a Chairman
of the Commission from time to time, pur-
suant to section 1 of Reorganization Plan
No. 5 of 1949, the President shall from time
to time designate one of the Commissioners
as Vice Chairman of the Commission. Dur-
ing the absence or disability of the Commis-
sioner de,signateci as Chairman, or in. the
event of a vacancy in the office of such Com-
missioner. the Commissioner designated as
Vice Chairman shall perform those functions
of the Chairman which were transferred to
the Chairman by the provisions of section
2 (a) (2) to 2 a) (6), inclusive, of such
Reorganization plan, During the absence or
disability of both the Commissioner desig-
nated as Chairman. and the Commissioner
designated as Vice Chairman, or in the event
of vacancies in the offices Of bah such
Corn-
TITLE 11I-IVII5CELLANEOC EROVT ION;
SEC. 301. (a) The Presider- t shall ,lere
appoint, by and with the ad 'ice am co isent
of the Senate, a General Co, ,nsel of the- Post
Office Department, a Generr I Courts r toe
Department, of Agriculture, 4, Genet a iuii-
sel of the Department of H alth, tion,
and Welfare, a General Cm nsel of th D---
partment of the Army, a -leneral Co insel
of the Deportment of the N ivy, an I a Cie': -
eral Counsel of the Depart cent o tb Air
Force.
(b) The existing office of Solicit e ci the
Post Office Department ad 0 the e,t. ;tinq
offices of General Counsel of the De =art -neat
of Agriculture, the Depart-sent of II attn.
Education, and Welfare, thi Depar me it t
the Army, 1 he Department f the 2, ;ivy ar
the Department of the Air Force, slit 1 he
abolished effective upon toe app iint neat
and qualification of the General ,Jor nseis
of such respective departmt its pro -ide i for
by subsection (a) or April 1. 1957, a hie Lever
is earlier.
Sac. 302. Section 505 of tie MRS C ttiC
Act of 1949, as amended, is arise ode I by
striking out "subsections (r (d), Ind (el "
in subsection (b) and it serting in 1k 0
thereof "subsections (c), (d (e), ad )
and by adding at the end c f such .ect on a
new subsection as follows:
"(f) The Director of ;the Admlnistr
Office of the United States t ourts Ii an, Mor-
ized to place a total of four positiff ,s 1: the
Administrative Office of th s Units I i at a
Courts in grade 18 of the C meral che
Such positions shall be in additioi 4r the
number of positions author- sed to e p aced
in such grade by subsectios (b)."
Sac. 303. (a) The position of sev n I ire,-
tors of Cornmedity Offices,",lommo iity Sta-
bilization Service, Department of Agi Lein-
ture, shall 'se in grade GS-14 of tin Ge ser
Schedule established by ti e Chis ific tic a
Act of 1949, is amended: Such luSi ions
shall be in addition to the iumbei of )05,
tions authorized to be placid in st.,:h raoa
by section 505 (b) of such e .2t.
(b) The positions of thrat Deput A0 nin-
istratbrs of the Agricultura Reseai -h icr
Department of Agriculture,
grade GS-18 of the General Schedu e e tab-
lished by the _Classification Act of 10'!), Ps
amended. Such positions F sall be in deli -
tion to the number of posh ions in the ^izel
to be placed in such grads by ses tioh boa
(b) of such act.
Sec. 304. (a) Notwithstas ding a -iy
provision of law, order, or regula ion the
head of the Bureau of Pubic Roue s is the
Departmem of Commerce sl all be IN ler ,1
Highway administrator ap )ointed 193 tt
President by and with the Advice nd con-
sent of the Senate. The Ad ninistri tor the
receive basic Compensation_ it the ate pre-
scribed by law for Assistar t Sec-re an ,s of
executive departments am shall pel 'or -1
such duties as the Secreta v of C ,m!-ten-+s
may preset' be or as may be i?equire !
(b) The term "Commist oner c she
Roads," as used in all laws. orders, Ang.: reh-
ulations heretofore enacted issued or !In -
mulgatea Shall be deemed I> meal "re ler 1
Highway Administrator" cts. and , fte ti:e
date of enactment of this a rt.
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12450 CONGRESSIONAL RECORD ? SENATE
-(c) Notwithstanding the provisions of
subsection (b) hereof there shall be a Com-
missioner of Public Roads in the Bureau of
Public Roads who shall be appointed by the
Secretary of Commerce, and perform such
duties as may be prescribed by the Federal
Highway Administrator.
Sao, 305. The paragraph under the head-
ing "General Provisions" under the appro-
priations for the Post Office Department
contained in chapter IV of the Supplemental
Appropriation Act, 1951 (64 Stat. 1050; 31
U. S. C. 695), is amended by striking out
"the receipt of revenue from fourth-class
mail service sufficient to pay the cost of such
service" and inserting "that the cost of
fourth-class mail service will not exceed by
more than 10 percent the revenues there-
from."
TITLE IV?CIVIL SERVICE RETIREMENT
Siec, 401. The Civil Service Retirement Act
of May 29, 1930, as amended, is amended to
read as follows:
"Definitions
"Secnox 1. Wherever used in this act?
"(a) The term 'employee' shall mean a
civilian officer or employee in or under the
Government and, except for purposes of sec-
tion 2, shall mean a person to whom this
act applies.
"(b) The term 'Member' shall mean the
Vice President, a United States Senator,
Representative in Congress, Delegate from
a Territory, or the Resident Commissioner
from Puerto Rico and, except for purposes
of section 2, shall mean a Member to whom
this act applies.
"(c) The term 'congressional employee'
means an employee of the Senate or House
of Representatives or of a committee of
either House, an employee of a joint com-
mittee of the two Houses, an elected officer
of the Senate or House of Representatives
who is not a Member of either House, the
Legislative Counsel of the Senate and the
Legislative Counsel of the House of Repre-
sentatives and the employees in their re-
spective offices, an Official Reporter of De-
bates of the Senate and a person employed
by the Official Reporters of Debates of the
Senate in connection with the performance
of their official duties, a member of the
Capitol Police force, an employee of the Vice
President if such employee's compensation
Is disbursed by the Secretary of the Senate,
and an employee of a Member if such em-
ployee's compensation is disbureed by the
Secretary of the Senate or the Clerk of the
House of Representatives.
"(d) The term 'basic salary' shall not in-
clude bonuses, allowances, overtime pay, or
salary, pay, or compensation given in addi-
tion to the base pay of the position as fixed
by law or regulation: Provided, That the
term 'basic salary' shall not include military
pay for persons who enter upon active mili-
tary service after the effective date of this
act: And provided further, That for employ-
ees paid on a fee basis, the maximum amount
of basic salary which may be used shall be
$10,000 per annum. For a Member, the
term 'basic salary' shall include, from April 1,
1954, to February 28, 1955, the amount re-
ceived as expense allowance under section
601 (b) of the Legislative Reorganization Act
of 1946, as amended, and such amount from
January 3, 1953, to March 31, 1954, provided
deposit is made thereon as provided in sec-
tion 4.
"(e) The term 'average salarY' shall mean
the largest annual rate resulting from aver-
aging, over any period of 5 consecutive years
of creditable service, a Member's or an em-
ployee's rates of basic salary in effect during
such period, with each rate weighted by
the time it was in effect.
"(f) The term 'fund' shall mean the civil-
service retirement and disability fund cre-
ated by the act of May 22, 1920.
'(g) The terms 'disabled' and 'disability'
shall mean totally disabled for useful and
efficient service in the grade or class of po-
sition last occupied by the employee or Mem-
ber by reason of disease or injury not due
to vicious habits, intemperance, or willful
misconduct on hi:: part within the 5 years
next prior to becoming so disabled.
"( h) The term 'widow,' for purposes of
section 10, shall mean the surviving wife of
an employee or Member who was married to
such individual for at least 2 years immedi-
ately preceding his death or is the mother of
issue by such marriage.
"(i) The term 'widower,' for purposes of
section 10, shall moan the surviving husband
of an employee or Member who was mar-
ried to such employee or Member for at least
2 years immediate's: preceding her death or
is the father of issue by such marriage. The
term 'dependent widower,' for purposes of
section 10, shall mean a 'widower' who is
incapable of self-support by reason of mental
or physical disability, and who received more
than one-half his support from such em-
ployee or Member.
(JrThe term 'child,' for purposes of sec-
tion 10, shall mean an unmarried child, in-
cluding (1) an adopted child, and (2) a
stepchild or recognieed natural child who
received more than one-half his support
from and lived with the Member or employee
In a regular parent-child relationship, under
the age of 18 years, or such unmarried child
regardless of age who because of physical or
mental disability incurred before age 18 is
incapable of self-support.
"(k) The term 'Government' shall mean
the executive, , judicial, and legislative
branches of the United States Government,
Including Government-owned or controlled
corporations and Oallaudet College, and the
municipal government of the District of
Columbia.
"(1) The term 'lump-sum credit' shall
mean the unrefunded amount consisting of
(1) the retirement deductions made from
the basic salary of an employee or Member,
(2) any sums deposited by an employee or
Member covering prior service, and (3) in-
terest on such deductions and deposits at
4 percent per annum to December 31, 1947,
and 3 percent per annum thereafter com-
pounded annually to December 31, 1958, or,
in the case of an employee separated or trans-
ferred to a position not within the purview
of this act before he has completed 5 years'
service or a Member separated before he has
completed 5 years of Member service, to the
date of the separation or transfer. The
lump-sum credit shall not include interest
IT the service covered thereby aggregates 1
year or less, nor shall It include interest for
the fractional part of a month in the total
service.
"(m) The term 'Commission' shall mean
the United States Civil Service Commission.
'(n) The term 'annuitant' shall mean any
former employee or Member who, on the basis
of his service, has met all requirements of
the act for title to annuity and has filed
claim therefor.
"(o) The term 'survivor' shall mean a per-
son who is entitled to annuity under this
act based on the service of a deceased em-
ployee or Member or of a deceased annuitant.
"(p) The term 'survivor annuitant' shall
mean a 'survivor who has filed claim for
annuity.
"(q) The term 'service' shall mean employ-
ment which is creditable under section 3.
"(r) The term 'military service' shall mean
honorable active service in the Army, Navy,
Air Force, Marine Corps, or Coast Guard of
the United States, but shall not include serv-
ice in the National Guard except when or-
dered to active duty in the service of the
United States.
"(s) The term 'Member service' shall mean
service as a Member and shall include the
July 20
period from the date of the beginning of the
term for which the Member is elected or
appointed to the date on which he takes
office as a Member.
"Coverage
"SEc.2. (a) This act shall apply to each'
- employee and member, except as hereinafter
provided.
"(b) This act shall not apply to the Presi-
dent, to any judge of the sUnited States as
defined under section 451 'of title 28 of the
United States Code, or to any employee of the
Government subject to another retirement
system for Government employees.
"(c) This act shall not apply to any Mem-
ber or to any congressional employee until he
gives notice in writing, within 6 months after
the date of entrance into the service, to the
officer by whom his salary is paid, of his desire
to come within the purview of this act.
"(d) This act shall not apply to any tem-
porary congressional employee unless such
employee is appointed at an annual rate of
salary and gives notice in writing, within
6 months after the date of entrance into the
service, to the officer by whom his salary is
paid, of his desire to come within the purview
of this act.
"(e) The Commission may exclude from
the operation of this act any employee or
group of employees in the executive branch
of the United -States Government, or of the
District of Columbia government upon rec-
ommendation by its Commissioners, whose
tenure of office or employment is temporary
or intermittent, except that no employee
shall be excluded under this subsection after
he shall have had more than 12 months'
continuous service.
"(f) This act shall not apply to any tem-
porary employee of the Administrative Office
of the United States Courts, of the courts
specified in section 610 of title 28 of the
United States Code; and the Architect of the
Capitol and the Librarian of Congress are
authorized, to exclude from the operation of
this act ieny employees under the office of the
Architect, of the Capitol and the Library of
Congress.. respectively, Whose tenure of em-
ployment is temporary or of uncertain dura-
tion.
"(g) Notwithstanding any other provision
of law or any Executive order, this act'shall
apply to each United States Commissioner
whose total compensation for services ren-
dered as United States Commissioner is not
less than $3,000 in each of the last 3
consecutive calendar years (1) ending prior
to the effective date of the Civil Service Re-
tirement Act amendments of 1956 or (2) end-
ing prior to the first day of any calendar year
which begins after such effective date. For
the purposes of this act, the employment and
compensation of each such United States
Commissioner coming within the purview of
this act pursuant to this subsection shall be
held and considered to be on a daily basis
when actually employed; but nothing in this
act shall affect, otherwise than for the pur-
poses of this act, the basis, under applicable
law other than this act, on which such United
States Commissioner is employed or on
which his compensation is determined and
paid.
"Creditable service
"See. 3. (a) An employee's service for the
purposes of this act including service as a
substitute in the postal service shall be cred-
ited from the date of original employment to
the date of the separation upon which title to
annuity is based in the civilian service of the
Government. Credit shall similarly be al-
lowed for service in the Pan American Sani-
tary Bureau. No credit shall be allowed for
any period of separation from the service in
excess of 3 calendar days.
"(b) An employee or Member shall be
allowed credit for periods of military service
prior to the date of the separation upon
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1956 CONGkESSIONAL RECORD - SENATE 12151
which title to annuity is based; however, if
an employee or Member is awarded retired
pay on account of military service, the period
of service upon which such retired pay is
based shall not be included, Unless such
retired pay is awarded on account of a serv-
ice-connected disability incurred in line of
duty or is awarded under title II of Public
Law 810, 80th Congress, except that for pur-
poses of section 9 (c) (1), a Member (1) shall
be allowed credit only for periods of military
service not exceeding a years, plus any mili-
tary service performed by the Member upon
leaving his office, for the purpose of perform-
ing such service, during 'any War or national
emergency proclaimed by the President or
declared by the Congress and prior to his final
separation from service as Member and (2)
May not receive credit for military service for
which credit is allowed for the purposes of
retired pay under any other provisions of law.
Nothing in this act shall affect the right of an
employee or a Member to retired pay, penston,
or compensation in addition to the annuity
herein provided.
"(c) Credit shall be allowed for leaves of
absence granted an employee while perform-
ing military service or while receiving bene-
fits under the Federal -Employees' Compen-
sation Act of September 7, 1916, as amended.
E,xcept for a substitute in the postal service,
there shall 'be excluded from credit so much
of any other leaves of absence Without pay as
May exceed 6 months in the aggregate in any
calendar year.
"(d) An employee who during the period
of any war, or of any national emergency as
proclaimed by the President or declared by
the Congress, has left or leaves his position to
enter the military service shill not be con-
sidered, for the purposes of this act, as sepa-
rated from his civilian position by reason of
such military service, unless he shall apply
for and receive a lump-sum benefit under
this act.
"(e) The total service of an employee or
Member shall be the full years and 12th
parts thereof, excluding from the aggregate
the fractional part of a month, if any.
"(f) An employee must have completed at
least 5 years of civilian service before he
shall be eligible for annuity under this act.
"(g) An employee or Member must have,
within the 2-year period preceding any sep-
aration from service, other than a separa-
tion by reason of death or disability, com-
pleted at least 1 year of creditable civilian
service during which he Was subject to this
act before he or his survivors shall be eligible
for annuity under this act based on' such
separation. Failure to meet this service re-
quirement shall not deprive the individual or
his survivors of any annuity rights which
attached upon a previous separation.
'(h) An employee who (1) has at least 5
years' Member service and (2) has served as a
Member at any time after August 2, 1946,
? shall not be allowed credit for any service
Which is used in the computation of an an-
nuity under section 9 (c).
"(1) In the case of each United States
Commissioner who comes within the purview
of this act pursuant to section 2 (g) of this
act, service rendered prior to, on, or after
the effective date of the Civil Service Retire-
ment Act amendments of 1956 as United
States Commissioner Ouch be credited for
the purposes of this act on the basis of one
three-hundred-and-thirteenth of a year for
each day on which such United States Corn-
.
Misaioner aandera service in such capacity
and Which is not credited for the purposes of
this act for service performed by him in any
capacity other than `United States Com-
missioner, Such credit shall not be granted
for service rendered as United States Com-
missioner fer more than 313 days in any
1 year.
"Deductions and deposits
"Sec. 4. (a) From and after the first day
of the first pay period which begins after
December 31, 1956, there shall be deducted
and withheld from each employee's basic
salary an amount equal to '7 percent of such
basic salary and from each Member's basic
salary an amount equal to 8 percent of such
basic salary. From and after the first day
of the first pay period which 'begins after
June 30, 1057, an equal sum shelf also be con-
trilauted from the respective appropriation or
fund which is used for payment of his salary,
pay or compensation, or in the case of an
elected official, from such appropriation or
fund as may be available for paYment of
other salaries of the same office Or establish-
ment. The amounts so deducted and with-
held by each department or agency, together
with the amounts so contributed, shall, in
accordance with such procedures as may be
prescribed by the Comptroller General of the
United States, be deposited by- the depart-
ment or agency in the Treasury Of the United
States to the credit of the fund. There shall
also be se; credited all deposits Made by em-
ployees or mernhers under this section.
Amounts contributed under this subsection
from appropriations of the Post Office Depart-
ment shall not be considered as costs of pro-
viding podtal service for the purpose of estab-
lishing poistal rates.
"(b) Each employee or Member shall be
deemed to consent and agree to such deduc-
tions froth basic salary, and payment less
such deductions shall be a full and complete
discharge and acquittance of all claims and
demands whatsoever for all regular services
during the period covered by such payment,
except the right to the benefits to which he
shall be entitled under this act, notwith-
standing any law, rule, or regulation affecting
the individual's salary.
"(c) Each employee or Member credited
With civilian serv:ce after July 31, 1920, for
which, for any reason whatsoever, no re-
tirement deductions or deposits have been
made, may deposit with-interest an amount
equal to the following percentages of his
basic salary received for such service:
Employee
Member for
Member erv-
Me.
Percent-
ag of
salary
3!4
5
6
7
231
334
5
8
Service period
Aug. 1, 1920, to June 30,
1926.
July 1, 1926, to June 30,
1942.
July 1, 1942, to June 30,
1948.
July 1, 1948, to Dec. 21,
1956.
After Dec. 31, 1956,
Aug. 1, 1920, to June 30,
1926.
July 1, 1926, to June 30,
1942.
July 1, 1942, to Aug. 1,
1946.
Aug. 2, 1946, to Dec. 31,
1956.
After Dec. 31, 1956.
"(d) Each employee Or Member who has
received 4 refund of retirement deductions
under this or any other retirement system
established for employees of the Govern-
ment covering service for which he may be
allqwed %vein under this act may deposit the
amount received, with ,interest. No credit
shall be #11owed,, for the service covered by
the refund until the deposit is made.
"(e) Interest under eplasection (c) or (d)
shall be computed from the midpoint of each
service period included in the computation,
or from the date refund was paid, to the
date of deposit or commencing date of an-
nuity, whichever is earlier. The interest
shall be computed at the rate of 4 percent
per annum to December 31, 1947, and 3 per-
cent per annum thereafter compounded an-
nually. Such deposit may be made in one
or more ipstallments.
"(f) Under such regulations as may be
prescribed by the Commission, amounts de-
ducted under subsection (s); and e epo.tited
under ,suhaectichis (c) and cd) she c lee- en-
tered on individual retirenceot rcui is.
"(g) No ,deposit shall be equiree foi an
service prior to August 1, /..120, fth pe.ioc.s
of military service or for an servic. To tl.kt
Panama TWAT/ad Company prior to Jar :lazy
1, 1924.
"114; andatory separation
"See. 6. (a) Except as hereinaVer pro-
vided, an employee who sha I have At; Inea
the age of '70 years and completed. 15 -'eats
of service shall be automat teeny s pa ate
from the service. Such sep -.ration h5l to
effective on the last day o the noes io
which such employee attairs the c !,-e ,f 'it)
years or completes 15 years et servic - if then
beyond such age, and all salary eh til :eas
from that day.
"(b) Each employing off le sha a t.ita
each employee under its eirectioi of thc
date of such separation fro: a the s rvi -e t
least 60 days in advance th aoof rot. de,'
That subsection (a) shall not tate effect,
without the consent of the empha. se anti
60 days after he has been so notified
(c) The President may, by Exeunt se e 'tie'.
exempt from automatic cc paretic) I adt
this section any employee when, in is lads. -
ment, the public interest at- requir s.
"(d) The automatic separ Mon p ovi lor
of this section shall not app y to an rsc
named in any act of Congrc-5s prov din r
the continuance of such per :on in he ora -
ice, to any Member, to any cc ngressit .ntv
ployee, to the Architect of the Clcpitol er
any employee under the oft -e of ti a A tat- -
tect of the Capitol, or to soy employee In
the judicial branch within 1 )e cletscus matte
subject to the Civil Service Retirer ,ern. Ace
of May 29, 1930, as amended, by tl at te
July 13, 19:17.
"(e) In the case of an offaer or urripoyee
of The Alaska Railroad, Teraitory A1lk.11,
or an officer or employee vtho is p. izea
of the United States employed on the
Isthmus of Panama by the Pallan ( Aar
Company or the Canal Zone c iovernr en, the
provisions of this section sha- I apply opera li-s
attaining the age of 62 years and cry -hr
15 years of service on the Isthmus of Pat ama
or in the Territory of Alaska.
'Immediate retirement
"Sec, 6. (a) Any employee who at the
age of 60 years and comph les 30 yea s ci
service shall, upon separation from he .era -
ice, be paid an annuity co nputed as prc-
vided in section 9.
"(b) Any employee who at tains ti .e a :e cf.
55 years and completes 80 -tears o se viee
shall, upon separation frorn he seri cc trit
to attainment of the age of I 0 years be pa'. I
a reduced annuity compute(' as pre vid ti i
section 9.
"(c) Any employee the c uties hose
position are primarily the ir vestija ion ar -
prehension, or detention of p aotyris s tsp. etc
or convicted of offenses a.gal at tip' tris in.
laws of the United States, in ludinss 101 em-
ployee engaged in such activity who .tas
transferred to _a supervisory or ads tini tre-
tive position, who attains til age of 50 ea l .1
and completes 20 years of se vice hi the pet-
formance of such duties, rc ay, if 1 te tea 1
of his department or agency 'CCJMIL cat h
retirement and the Comm ssion 1 ON tve
voluntarily retires from the service at 1 la
paid an annuity computed as pro-idt
section 9 (i). The head of the del.art.tes
or agency and the Commissk n shall siv. in
consideration to the degre ? of ii zar 1t
which such employee is subj, cted in the pet -
formance of his duties, rathc r than he ,es
eral duties of the class of ta Le posit on tie1
by such employee.
"(d) Any employee who cc -npletes 25 -oats
of service or who attains du age of 50 ea.n
and complatee,20 yea4's, oj SV*Ytee 4 dl,
involuntary separation from the an vice en,
by removal fpr cause on chi rgtts of mil -au.
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12452 CONGRESSIONAL RECORD ? SENATE
_duct or delinquency, be paid a reduced annu-
ity computed as provided in section 9.
"(e) Any employee who attains the age of
42 years and completes 5 years of service shall,
upon separation from the service, be paid an
annuity computed as provided in section. 9.
'(f) Any member' who attains the age of
62 years and completes 5 years of member
service, or who attains the age of 60 years
and completes 10 years of member service,
shall, upon separation from the service, be
paid an annuity computed as provided in
section 9. No member or survivor of a mem-
ber shall be entitled to receive an annuity
under this act -unless there shall have been
deducted or deposited the amounts specified
In section 4 with respect to his last 5 years
of Member service.
"Disability retirement
"Ssc. 7. (a) Any employee who completes
5 years of civilian service and who is found
by the Commission to have become disabled
shall, upon his own application or upon
application by his department or agency, be
retired oil an annuity computed as provided
in section 9. Any Member who completes 5
years of Member service and who is found
by the Commission to have become disabled
shall, upon his own application, be retired
on an annuity computed as provided in sec-
tion 9.
"(b) No claim shall be allowed under this
section unless the application is filed with
the Commission prior to separation of the
employee or Member from the service or
within 1 year thereafter. This time limita-
tion may be waived by the Commission for
an individual who at the date of separation
from service or within 1 year thereafter is
mentally incompetent, if the application is
filed with the Commission within 1 year from
the date of restoration of such individual
to competency or the appointment of a fidu-
ciary, whichever is the earlier.
"(c) Each annuitant retired under this
section or under section 6 of the act of May
29, 1930, as amended, unless his disability
Is permanent in character, shall at the ex-
piration of 1 year from the date of such
retirement and annually thereafter, until
reaching age 60, be examined under the
direction of the Commission. If the annui-
tant fails to submit to examination as re-
quired under this section, payment of the
annuity shall be suspended until continu-
ance of the disability is satisfactorily estab-
lished.
"(d) If such annuitant, before reaching
age 60, recovers from his disability or is re-
stored to an earning capacisy fairly compara-
ble to the current rate of compensation of
the position occupied at the time of retire-
ment, payment of the annuity shall cease (1)
upon reemployment by the Government, (2)
1 year from the date of the medical examina-
tion showing such recovery, or (3) 1 year from
the date of determination that he is so re-
stored, whichever is earliest. Earning capac-
ity shall be deemed restored if in each of
2 succeeding calendar years the income of
the annuitant from wages or self-employ-
ment or both shall equal at least 80 percent
of the current rate of compensation of the
position occupied immediately prior to re-
tirement.
"(e) If such annuitant whose annuity is
discontinued under subsection (d) is not re-
employed in any position included in the
provisions of this act, he shall be considered,
except for service credit, a.s. having been in-
voluntarily separated from the service for the
purposes of this act as of the date of dis-
continuance of the disability annuity and
shall, after such discontinuance, be entitled
to annuity in accordance with the applicable
provisions of this act.
(f) No person shall be entitled to receive
an annuity under this act and compensation
for injury or disability to himself under the
Federal Employees' Compensation Act of Sep-
tember 7, 1916, as amended, covering the same
period of time. This provision Shall not bar
the right of any claimant to the greater bene-
fit conferred by either act for any part of
the same period of time. Neither this pro-
vision nor any provision in such act of Sep-
tember 7, 1916, as amended, shall deny to
any person an annuity accruing to such per-
son under this act on account of service ren-
dered by him, or deny any concurrent benefit
to such person under such act of September
7, 1916, as amended, on account of the death
of any other person.
"(g) Notwithstanding any provision of law
to the contrary, the _right of any person en-
titled to an annuity-under this act shall not
be affected because such person has received
an award of compensation in a lump sum
under section 14 of the act of September 7,
1916, as amended, except that where such
annuity is payable on account of the same
disability for which compensation under such
section has been paid, so much of such com-
pensation as has been. paid, for any period
extended beyond tile date such annuity be-
comes effective, as determined by the De-
partment of Labor, shall be refunded to the
Department of Labor, to be covered into the
Federal Employees' Compensation Fund. Be-
fore such person shall receive such annuity
he shall (1) refund to_sasch Department the
amount representing such commuted pay-
ments for such extended period, or (2) au-
thorize the deduction of such amount from
the annuity payable to him under this act,
which amount shall be transmitted to such
Department for reimbursement to such fund.
Deductions from such annuity may be made
from accrued and accruing payments, or may
be prorated against and paid from accruing
payments in such manner as the Department
of Labor shall determine, whenever it finds
that the financial circumstances of the an-
nuitant are such eta to warrant such deferred
refunding.
'Deferred retirement
"Sac. 8. (a) Any employee who is separated
from the service or transferred to a posi-
tion not within the purview of this act after
completing 5 years of civilian service may
be paid an annuity beginning at the age
of 62 years computed as provided in section 9.
"(b) Any Member who is separated from
the service as a Member after completing
5 years of Member service may be paid an
annuity beginning at the age of 62 years,
computed as provided in section 9.
"Computation of annuity
"Sno. 9. (a) Except as otherwise provided
In this section, the annuity of an employee
retiring under this act shall be (1) the
larger of (A) 1% percent of the average
salary multiplied by so much of the total
service as does not exceed 5 years, or (B)
1 percent of the average salary, plus $25,
multiplied by so much of the total service
as does not exceed 5 years, pills (2) the larger
of (A) 2 percent of the average salary mul-
tiplied by so much of the total service as
exceeds 6 years, or (B) 1 percent of the
average salary, plus $25, multiplied by so
much of the total service as exceeds 5 years:
Provided, That the annuity shall not ex-
ceed 80 percent of the average salary: Pro-
vided further, That the annuity of an em-
ployee retiring under seetion 7 shall be at
least (1) 40 percent of the average salary or
(2) the sum obtained under this subsection
after increasing his total service by the
period elapsing between the date of separa-
tion arid the date he attains the age of 60
years, whichever, is the lesser, but this pro-
viso shall not increase the annuity of any
survivor. ?
"(b) The annuity of a Congressional em-
ployee retiring under this act shall, if he
so elects at the time his annuity commences,
be (1) 21/2 percent of the average salary
multiplied by his ,nilitary service and serv-
ice as a congressional employee, not exceed-
ing a total of 15 years, plus (2) 11/2 pertent
July 20
of the average salary multiplied by so much
of the remainder of his total service as does
not exceed 5 years, plus (3) 2 percent of the
average salary multiplied by so much of the
remainder of his total service as exceeds 5
years: Provided, That the annuity shall not
exceed 80 percent of 'the average salary.
This subsection shall not apply unless the
congressional employee (1) has had at least
5 years' service as a congressional employee,
(2) has had deductions withheld from his
salary or made deposit covering his last 5
years of civilian service, and (3) has served
as a congressional employee during the last
11 months of his civilian service: Provided
further, That the annuity of a congressional
employee retiring under section '7 shall be
at least (1) 40 percent cf the average salary
or (2) the sum obtained under this subsec-
tion after increasing his service as a con-
gressional employee by the period elapsing
between the date of separation and the date
he attains the age of 60 years, whichever is
the lesser, but this provision shall not in-
crease the annuity of any survivor.
"(c) The annuity of a Member retiring
under this act shall be an amount equal to?
"(1) 21/2 peicent of the average salary
multiplied by the total of his Member and
creditable military service:
"(2) 2:/5 percent of the average salary
multiplied by his total years of service, not
exceeding 15, performed as a congressional
employee prior to his separation from serv-
ice as a Member, other than any such service
which he may elect to exclude:
"(3) 1.1s, percent of such average salary
multiplied by so much of his total service,
other than service used in computing an-
nuity under clauses (1) and (2) , as does
not exceed 5 years, performed prior to his
separation from service as a Member, and.
other than any such service which he may
elect to exclude; and
"(4) 2 percent of such average salary mul-
tiplied by his total service, other than serv-
ice used in computing annuity under clauses
(1), (2), and (3), performed prior to his
separation from service as a Member, and
other than any such service which he may
elect to exclude.
In no case shall an annuity computed under
this subsection exceed, 80 percent of the
basic salary that he is receiving at the time
of such separation from the service, and
In no case shall the annuity of a Member
retiring under section '7 be less than (A) 40
percent of the average salary or (B) the sum
obtained under this subsection after increas-
ing his Member service by the period elapsing
between the date of seps ration and the date
he attains the age of 60 years, whichever Is
the lesser, but this provision shall not in-
crease the annuity of any survivor.
"(d) The annuity as hereinbefore provided,
for an employee retiring under section 6 (b)
or 6 (d), shall be reduced by one-twelfth
of 1 percent for each full month not in ex-
cess of 60, and one-sixsh of 1 percent for
each full month in, excess of 60, such em-
ployee is under the age of 60 years at date of
separation.
"(e) The annuity as hereinbefore provided
shall be reduced by 10 percent of any de-
posit described in section 4 (c) remaining
unpaid, unless the employee or Member shall
elect to eliminate the service involVed for
purposes of annuity computation.
"(f) Any employee or Member retiring
under section 6, 7, or 8 may at the time of
retirement elect a reduced annuity, in lieu
of the annuity as hereinbefore provided, and
designate in writing his wife or husband to
receive a:a annuity after the retired individ-
ual's death computed as provided in section
10 (a) (1). The annuity of the employee
or Member making such election, excluding
any increase because of retirement under
section 7, shall be reduced by 21/2 percent of
so much of the portion thereof designated.
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Approved
1956
For Release 2002/01/31 :1CIA-RDP59-00224A000100670048-0
COIsTGitESSIONAL ittookb ? SENATE
I
under section 10 (a) (1) as does not exceed
62,400 and by 10 percent of so much of the
portion so designated as exceeds $2,400.
"(g) Any unmarried employee or Member
retiring under section 6 or 8, and 'found
by the Commission to be in gobd health, may
at the time of retirement elect a reduced
annuity, in lieu of the annuity as hereinbe-
fore provided, and designate in writing a
person having an insurable interest in the
employee or Member to receive an annuity
after the retired individual's death. The ?an-
nuity payable to the erriployee or Member
making such election shall be reduced by 10
percent of an annuity computed RS provided
in section 9 aod by 5 percent of an annuity
so computed for each full 5 years the per-
son designated is younger than the retiring
employee or Member, but such total reduc-
tion shall not exceed 40 percent.
"(h) The annuity as hereinbefore provided,'
for an employee who is a Citizen Of the
United States, shall be increased by $36
multiplied by total service in the employ of
either the AlaSka Engineering Commission or
the Alaska Railroad in the Territory of Alas-
ka between March 12, 1914 and July 1, 1923,
or in the employ of either the Isthmian
Canal Commission or the Panama Railroad
Company on the Isthmus of Panama between
May 4, 1904, and April 1, 1914:
"(1) The annuity of an employee retiring
Under section 6 (c) shall be 2 percent of the
average salary multiplied by the total serv-
ice: Provided, That the annuity shall not
exceed 80 percent of the average salary.
"Survivor , annuities
"Sze. 10. (a) (1) V a Member Or em-
ployee dies after having retired under any
provision of this act and is survived by
a Wife or husband designated under sec-
tion 9 (f) such wife or husband shall be
paid an annuity equal to 50 percent of so
much of an annuity computed ac pro-
vided in subsections ,(a), (b), (c), (d),
and (e) of section 0, as may apply with
respect to the annuitant, as is designated
in writing for such purpose by such Mem-
ber or employee at the time he makes the
election provided for by section 0 (f).
"(2) An annuity computed under this sub-
section shell begin on the first day of the
month in which the retired employee dies,
and such annuity or any right thereto shall
terminate upon the survivor's death o1. re-
,
marriage.
"(b) The annuity Of a survivor designated
under section 9 (g) shall be 50 percent of the
reduced annuity computed as provided in
subsections (a), (b), (c), (d), (e), and
(g) of section 9 as may apply with respect
to the annuitant. The annuity of such sur-
vivor shall begin on the first day of the
month in which the retired employee dies,
and such annuity or any right thereto shall
terminate upon ?the survivor's death.
"(c) If an employee dies after completing
at least 5 years of civilian service, or a Mem-
ber dies after completing at least 6 years
of Member service, the widow or dependent
widower of such emPloyee or Member shall
be paid an annuity equal to n percent of an
annuity computed as provided in subsections
(a), (b), (c), and (e) of section 9 as may
apply with respect to the employee or Mem-
ber. The annuity of such widow or de-
pendent widower shall begin on the first day
of the month after the employee or Member
dies, and such annuity or any right 'thereto
shall terminate upon death Or remarriage of
? the widow or widower', or upon the widower's
becoming capable of self-support.
"(d) If an employee dies after conipleting
5 years of civilian service or a Member dies
after completing 5 years of Member serv-
ice, or an employee or a Member dies after
?haying retired under' any Provision of the
*Let and is survived ti a wile or by, a hus-
'band who is ineapeb e o self-support 13Y
reason of mental or 'physical diSability and
Who received more than one-half of his sup-
port from such emploYee or !ember, each
surviving child shall be paid- an annuity
equal to the sthallest of (1) 40 percent of
the employee's or Member's aterage salary
divided by the number of Children, (2)
$600, or (3) $1;800 divided by:the number
of children. If such employee or Mernber
is not survived by a wife or laisband, each
surviving child' shall be paid" an annuity
equal to the sinaliest Of (1) 50 percent of
the emPloyee's or Member's a'Verage salary
divided by the number of children, (2)
6720, or (3) 6,2160 diVided by. the number
of children. The child% annuity shall begin
On the Irst day of the month after the
employee or Member 'dies, and such .
an-
nuity or any right thereto shall terminate
upon (1) his attaining age 18 unless in-
capable of self-support, (2) his becoming
capable of self-eupport:after ate 18, (3) his
marriage, or (4), his death. Upon the death
of the wife or dependent husband or termin-
ation of the annuity of the child, the annuity
of any other child or Children shall be re-
computed and :paid ai though such wife,
dependent husband, or: child toad not sur-
vived the employee or Member...
"Lump-sunt benefits
'Sec. 11. (a) Any employee who is sepa-
rated or transferred to a position not within
the purview of this act after lie has com-
pleted 5 but less than 20 years of service, and
any Member who is separated after he has
completed 5 but less than 20 years of Member
service, shall upon application therefor be
paid the lump-sum credit. Any employee
who is steparated, or transferred?,to a position
not within the purview of this ?act before he
has completed 5 years' service, and any Mem-
ber who is separated before he has completed
5 years of Member service, shall be paid the
lump-sum credit. The receipt of payment of
the lump-sum credit by the individual shall
void all annuity rights under ;this act, un-
lesp and until he shall be reemployed in the
service subject to this act. _
"(b) Each present or former employee or
Member ,may, tinder regulations prescribed
by the Commission, designate ?a beneficiary
or beneficiaries for the,purposqs of this act.
"(c) Lump-sum benefits authorized under
pubsections (d), (e), and (I) of this section.
shell be paid in the following order of pre-
cedence ,to such person, or. persons surviving
the employee or Member and alive at the
date title to the payraent ariees, and such
payment shall be a bar to recovery by any
other person:
"First, to the beneficiary or beneficiaries
designated by the employee or Member in
a writing received in -the Corxxinission prior
to his death;
"Second, if there be no such beneficiary, to
the widow or widower, of the employee or
Member;
"Third, if none of the above, to the child
or children of the employee or Member and
descendants of deceased children by repre-
sentation;
"Fourth, if none of the above, to the par-
ents of the employee or Member or the sur-
vivor of them;
"Fifth, if none of the above, to the duly
appointed executor or administrator of the
estate of the employee or Member;
"Sixth, if none of the above, to other next
of kin of the employee or Member as may
be determined by the Commission to be
entitled under the laws of the domicile of
the individual at the time of his death.
"(d) if an ebmloyee or Mernber dies (1)
Without a survivor, or (2) with a survivor or
stirvivors and the right of all survivors shall
terminate before claim for survivor annuity
Is filed, or if a former employee or Member
nett retired dies, the lump-sum credit shall
be paid.
"(e) If all annuity 'rights tinder this act
based on the service of a deeelised employee
or Member shell terminate before the total
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?
If
annuity paid equals the tLmp.svi ( eed t,
the difference ? shall be pale.
"(f) an annuitant dies any ab nal y a. -
crued arid unpaid shall be paid.
"(g) Any aimuity acert ed an unpaid
upon the termination (otlie than y Onti):
of the afifinittf of any ansit'tant cit sic viv
annuitant-shall be paid to a?tch Pei on. A. ,v
survivor annuity accrued i id uni iid upon
the death -of ahy survivor at tuatara sit cli e
paid in the following ordt; of pr )ceoere
and such payment shall be bar to re( ove,
by any other person:
"First, to the duly appol ited ex on lr
administrator -of the estatt of th( su.viv
antuitant;
"Second; if there is no'suc exech or r a
ministrater, payment may t made', aft r t
expiraticiri of 30 days friorn1 he date of )lea Ii
of such istlyViv:or annuitant to sue )is xt
kin of the 'survivor' arimilLatit a't m
determined by:the Catlin-Ilse' on to b et t.itl ci
under the laws or the' Sur; Ivor al old an s
domicile at the time of hisinath.
"Additional anti,tities
'Sc, 12. (a) Any employee or M, er
may, under regulations p: ascribe) b t
Commission, voluntarily ontribt Le adoi-
tional sums in multiples of ,25, but the tot al
may not exceed 10 percent of his i-
ary for his creditable servic r from Lnd aft..r
August 1, 1920. The volun ary cur trit uti.,IL
account in each case shal he ill SI as
such unrefunded contributons, p as inter-
est at 3 percent per ann cm cor )poond
annually t3 date of sepan tion or tr-nsier
to a position not within th ? puree e is.
act or, in-eise of an inabg lual w o see-
arated with tille to 'a der& red arnuit, cccl
does not Clain; the voItuil try cur trill oti is
account, to the commend g date fixed fir
such deferred annuity ei date
'whichever, is :earlier.
"(b) Such voluntary cool ributio ) Rt0011 ct
shall be.usecl,to purchase_ it relir .me at or
annuity in addition to the ennui y thr
wise provided. For each sp,o in su 'h eine-
tary contribution account the t deb) jar
annuity shall consist of $7 locrea ed oy tck
cents for ?each full year, 1 any, .ucli era-
ployee or Member is over the age ce 55 yet rs
at the date of retirement.
"(c) A retiring employee or Mei ate may
elect a reduced additional amino
of the additional annuity ?oescribe I ir
section (b ) and designate ? n wri p, -
son to reccive after his dee I) an a int ity
50 percent of his reduce( additoncl an-
nuity. The additional tinbuity of tic em-
ployee or Member making s Leh dies lor sh ti
be reduced by 10 percent and I y f. pr
cent for each full 5 34 ars th err cc
designated is younger than the ret ring em-
ployee or Member, but suet total ed Oti b
shall not exceed 40 percent
"(d) Any employee or Membe v no is
separated from the service before bee. ant ))g
eligible for immediate or teferret- ab nu tv
or who transfers to a pos tion w Len.,a )e)
does not continue subject to this act sit
be paid the voluntary cont 'bitten ac o
Any employee or Member who is sep
from the service after hemming e,igilde in
a deferred annuity under se etion 8 ma,
to receive, in lieu of additi Lind an ail, v, the
voluntary contribution a count. pn.vich:d
his separition occurs ens :Alva( ita ci 1
payment )s filed with tit,' Conn, isv in It
least 31 days before the ommen.dm d,
of annuity.
") If any present or former ern,11,10-er
or Member not retired di s, the sol nt,
contribution account sha, ) be p id :codec
the provisions of section 11 (c). I al. ad ;
tional annuities or any riLlit the. 2to
on the voluntary contrib Ltion a coi at 01
a deceased employee or l'ember terrain ite
before the total additior at arm iit p )er
eqtials ideri account, the 'Efferent shall be
paid under the provisions ot seeti at 1 (
CIA-RpP59700224A9001p6
"[' I
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12454 CONGRESSIONAL RECORD ? SENATE
".Reemployment of annuitants
"Sac. 13. (a) Notwithstanding any other
provision of law, an annuitant heretofore
or hereafter retired under this act shall not,
by reason of his retired status, be barred
from employment in any appointive position
for which he is qualified. An annuitant so
reemployed shall serve at the will of the
appointing officer.
"(b) If an annuitant under this act (other
than (1) a disability annuitant whose an-
nuity is terminated by reason of his recovery
or restoration of earning capacity, or (2)
a Member retired under this act) hereafter
beconase employed in an appointive or elec-
tive position subject to this act, annuity
payments shall be discontinued during such
employment and deductions for the retire-
ment funds shall be withheld from his
salary. If such annuitant performs actual
fulltime service for a period of at least 1
year, his right to future annuity shall be
determined upon the basis of the law in
effect at the time of termination of such
period of employment and service performed
during such period shall be credited for such
purpose. If Such annuitant does not per-
form actual fulltime service for a period of
at least 1 year, his annuity payments shall
be resumed in the same amount and
amounts deducted from his salary during
such period of employment shall be returned
upon the expiration of such period. If an
annuitant under this act (other than (1) a
disability annuitant whose Isnriuity is termi-
nated by reason of his recOvery or restoration
of earning capacity, or (2) a Member retired
under this act) hereafter becomes employed
in an appointive or elective position not sub-
ject to this act, annuity payments shall be
discontinued during such reemployment and
resumed in the same amount upon termina-
tion of such employment.
"(c) If a Member heretofore or herefater
retired under this act hereafter becomes
employed in an appointive or elective posi-
tion, annuity payments shall be discon-
tinued during such employment and re-
sumed in the same amount upon termina-
tion of such- employment; Provided, That
If such retired Member takes office as Mem-
ber and gives notice as provided in section
2 (c), his service as Member during such
period shall be credited in determining his
right to and the amount of his subsequent
annuity.
"Payment of benefits
"Sac. 14. (a) Each annuity is stated as an
annual amount, one-twelfth of which, fixed
at the nearest dollar, accrues monthly and
Is payable on the first business day of the
month after it accrues.
"(b) Except as otherwise provided, the
annuity of an employee shall commence on
the first of the month after separation from
the service, or on the first of the month
after salary ceases provided the employee
meets the service and the age or disability
requirements for title to annuity at that
time. The annuity of a Member or of an
elected officer of the Senate or House of
Representatives shall commence of the day
following the day on which salary shall
cease provided the person entitled to such
annuity meets the service and the age or
disability requirments for title to annuity
at that time. The annuity of an employee
or Member under section 8 shall commence
on the fast of the month after the occur-
rence of the event on which payment of
? the annuity is based.
"(e) An annuity shall terminate on the
last day of the month preceding the month
in which death or any other terminating
event provided in this act occurs.
"(d) Any person entitled to annuity from
the fund may decline to accept all or any
part of such annuity by a waiver signed and
filed With the Commission. Such waiver
may be revoked in writing at any time, but
no payment of the annuity' waived shall be
made covering the period during which such
Waiver was in effect. :
"(e) Where any payment_is due a Minor,
or a person mentally incompetent or under
other legal disability, such payment may be
made to the person who is constituted
guardian or other fiduciary by the law of
the State of residence of such claimant or
is otherwise legally vested with the care of
the claimant or his estate: Provided, That
Where n.o guardian or other fiduciary of the
person under legal disability has been ap-
pointed under the laws of the State of resi-
dence of the claimant, payment may be made
to any person who, in the judgment of the
Commission, is reseonsible for the care of
the claimant, and such payment shall be a
bar to recovery by any other person.
"Exemption from legal processes
"SEC. 15. (a) None of the moneys men-
tioned in this act shall be assignable, either
in law or equity, or be subject to execution,
levy, attachment, garnishment, or other
legal process.
"(b) Notwithstanding any other provision
of law, there shall be no recovery of any pay-
ments under this aft from any person when,
in the judgment of the Commission, such
person is without fault and such recovery
would be contrary to equity and good con-
science; nor shall there be any Withholding
of recovery of any moneys mentioned in this
act on account of any certification or pay-
ment made by any former employee of the
United States in the discharge of his official
duties unless the head of the department or
agency on behalf of which the certification
or payment was merle certifies to the Com-
mission that such certification or payment
Involved fraud on the part of such employee.
"Administration
"SEc. 16 (a) This act shall be administered
by the Commission. Except as otherwise
specifically provided herein, the Commission
is hereby authorized and directed to per-
form, or cause to be performed, any and all
acts and to make each rules and regulations
as may be necessary and proper for the pur-
pose of carrying the provisions of this act
into full force and effect.
"(b) Applications under this act shall be
In such form as the Commission Shall pre-
scribe, and shall be supported by such cer-
tificates from departments or agencies as the
Commission may deem necessary to the de-
termination of the rights of applicants. The
Commission shall adjudicate all claims un-
der this act.
"(c) Questions of dependency and dis-
ability arising under this act shall be de-.
termined by the Commission and its deci-
sions with respect to such matters shall be
final and conclusive and shall not be sub-
ject to review. The Commission may order
or direct at any time such medical or other
examinations as it shall deem necessary to
determine the facts relative to the disability
or dependency of any person receiving or
applying for annuity-under this act, and may
suspend or deny any such annuity for failure
to submit to any ouch examination.
"(d) An appeal to the Commission shall
lie from any administrative action or order
affecting the rights or interests of any per-
son or of the United States under this act,
the procedure on appeal to be prescribed by
the Commission.
"(e) Pees for examinations made under
the provisions of this act, by physicians or
surgeons who are cot medical officers of the
United States, shall be fixed by the Com-
mission, and such fees, together with reason-
able traveling and other expenses incurred
in connection with such examinations, shall
be paid out of the appropriations for the
cost of administeriag this act.
"(f) The Commission shall publish an
annual report upon the operations of this
act.
July 20
"(g) The Commission is hereby authorized
and directed to select three actuaries, to be
known as the Beard of Actuaries of the Civil
Service Retirement System. It shall be the
duty of such Board to report annually upon
the actuarial status of the system and to
furnish its advice and opinion on matters
referred to it by the Commission, and it
shall have the authority to recommend to
the Commission and to the Congress such
changes as in the Board's judgment may be
deemed necessary to protect the public in-.
tenest and maintain the system upon a
sound financial basis. The Commission
shall keep or cause to be kept such records
as it deems necessary for making periodic
actuarial valuations of the Civil Service Re-
tirement System, and the Board shall make
such valuations at intervals of 5 years, or
oftener if deemed necessary by the Com-
mission. The compensation of the members
of the Board of Actuaries, exclusive of such
members as are in the employ of the United
States, shall be fixed by the Commission.
"Civil service retirement and disability fund
"Sac. 17. (a) The fund is hereby appro-
priated for the payment of benefits as pro-
vided in this act.
"(b) The Secretary of the Treasury is
hereby authorized to accept and credit to
the fund moneys received in the form of
donations, giftse legacies, or bequests, or
otherwise contributed for the benefit of
civil-service employees generally.
"(c) The Secretary of the Treasury shall
immediately invest in interest-bearing secu-
rities of the United States, such currently
available portions of the fund as are not
immediately required for payments from
the fund, and the income derived from such
Investments shall constitute a part of the
fund.
"(d) The purposes for which obligations
Of the United States may be issued under the
Second Liberty Bond Act, as amended, are
hereby extended to authorize the issuance
at par of public-debt obligations for pur-
chase by the fund. Such obligations issued
for purchase by the fund shall have maturi-
ties fixed with due regard for the needs of
the fund and bear interest at a rate equal
to the average rate of interest computed as
to the end of the calendar month next pre-
ceding the date of such issue, borne by all
marketable interest-bearing obligations of
the United States then forming a part of
the public debt that are not due or callable
until after the expiration of 5 years from
the date of original issue; except that where
such average rate is not a multiple of one-
eighth- of 1 percent, the rate of interest
of such obligations shall be multiple of one-
eighth of 1 percent nearest such average
rate. Such obligations shall be issued for
purchase by the fund only if the Secretary
of the Treasury determines that the pur-
chase in the market of other interest-bearing
obligations of the United States, or of obli-
gations guaranteed as to both principal and
interest by the United States on original
Issue or at the market price, is not in the
public interest.
"Short title
"SEc. 18. This act may be cited as the 'Civil
Service Retirement Act'."
Members of faculty of Naval Academy
SEC. 402. (a) On and after the effective
date of this title persons employed as mem-
bers of the civilian faculties of the United
States Naval Academy and the United States
Naval Postgraduate School shall be included
within the terms of the Civil Service Retire-
ment Act, and on and after that date the
act of January 16, 1936 (49 Stat. 1092), as
amended, shall not apply to such persons.
(b) In lieu of the deposit prescribed by
section 4 (c) of the Civil Service Retirement
Act, an employee who by virtue of subsection
(a) is included within the terms of such
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act shall deposit, for service rendered. prior
to the effective date of this titre as a member
of the civilian, faculty Of the United ktates
Naval Academy or Of thatfriften State i "Naval
Postgraduate School,' a einn equal -66 so 'Much -
of the repurchas' price df his annuity Policy
carried as iequired by the act -of January 16,
1936, as amended, as fs. based on the rncinthly
allotments which were registered with the
Navy Allotment' Office toward the purchase of
that annuity, the depoeit to be made Within
6 months after the ell'e4tive date of thia title.
should the deposit not he mane Within that
period no credit shall be alloWed under the
Civil Serviee Retirement Act for service ren-
dered as a member, of the civilian faculty of
the United States Naval Academy or of the
United States Naval 'Postgraduate School
subsequent to July 31,1220, and prior to the
effeetive date of this title. If the depOsit is
made, such service shaft be held and con-
sidered to be service'cliiiind Whieli the em-
ployee was subject to 'the Civil Service Re-
tirement Act.
Retroactive application of certain benefits
SEC. 403. The amen ment approved Sep-
tember 30, 1949 (Public taw 310, 81st Cong.),
to section 4 (b) of the Civil Service Retire-
naent Act. of iNifity 29, 1921), as 'amended; 111So-
/sr as it relates to the amount of the reduc-
tion in the annuities of officers nd eIppoyee's
Who elect to reeeive rectuced.annuifes tinder
s.Uch section, shall "take effect as of Aril 1,
1048, but no increase iii annuity shall be
payable by reason of 'each 'intendment, to
. those who retired on or after July 1, 1948, and
prior to October 1, 1942, for any priod' prior
to the first day of the first month which
begins after the effective date of this title.
Continuation of prior riyhts
Sac. 404. Except as otherwise provided, the
amendments made by, this title shall not
apply in the case of employees or Ileinbers
retired or otherwise separated prior to its
effective date, and the rights of such per-
sons and their survivors' shall cOntinhe fn the
same Manner and to the sam,e extent as if '
this title had not been enacted.
Vice President
ezc. 405. The ,notice required by section 2
(c) of the Civil Service Retirement Act may
be given, by any person holding the office of
Vice President. on the ,reilective date El tps.
title, at any time within 15 days after such
eftective date, and in the case of any, such
? .
person service performed in such office shall
be considered service during Which he was
subject to such act for the purpose of Section
3 (g) thereof.
Future salary increases to include increases
to annuitants
SEC. 406, It is the policy of the Congress
that whenever in the ftittue any general ad-
justment is made in the salaries of Govern-
ment employees, corresponding adjustments
should be made in the annuities of retired
employees.
Forfeiture of annuities of persons remein1n9
eurqicie United States 0 avoid prosecution
,
EiEC,, 407. The act' entitled, "An, at t9 pro-
hibit payment of annuities to officers and em-
ployees of the United' States convicted of
certain offenses, and for 'other purposed," ap-
proved September 1, 1854 (68 Stat. 1142), is
amended by adding at the end of section 2
thereof a new subsection as follows:
!(c) In any _case in which, after the date
ienactracnit ,c; tiRik,sphsection, any person
Under indietmant rig any offense Within the
ptirview of the first section of
fully remains Outsidethe "(hafted 'States, its
. .
Territories, and possesSions, for a period in
excess of 1' year with knowledge of Buell in-
dictment, no annuity or retired pay shall be
paid, for any period subsequent to the end
Of such 1-year period to such person or to
the survivor Or beneficiary of tinchpersOn; on
the basis of the service of snch person, as,
an officer or employee of the Government un-
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less and until a nolle prosequi fo the entire
indictinent is entered upon "the record or Such
person retitins-anti therelifter the indictment
is dismissed or after trial by court the ac-
cused is found not guilty of the offense or
offenses Charged In the indictment."
E ective date _
Sec. 408. This title shall take effect on
January 1, 1957.
Short title
Pro. 401. This title rriay be aited as the
"Civil Service Retirement Act Amendments
of 1956."
EITLE V?ADDITIONAL SCIENTIFIC ANTI FstorEs-
SION AL POSITIONS
Src. 501. (a) Subsections (a) and (b) of
the first section of the act of August 1, 1947
(61 Stat. 715; Public Law 313, 80th Cong.),
as amended, are amended to read as follows:
''(a) The Secretary of Defense is authorized
to establish and fix the compensation for
not more than 275 positions in the Depart-
ment of Defense and not more than 50 posi-
tions in the Natlenal Security 4gency, each
such position being estahlfshed to effectuate
those research and development functions,
relating to the national defense, inilitary and
naval xnenicine, 'and an and all Other ac-
tivities ot the Elf partment of Defense and
the National Security Agency, as the Case
may be, which require the services of spe-
cially qualified scientific ,or professional per-
sonnel,
"(b) The Chairman Of the gational Ad-
visory Committee, for Aeronautics is author-
ized to establish and 1:14 the compensation
for, in the headquarters and research sta-
tions of qv National Advisory Committee for
Aeronauties, not to exceed 60 poditiOns in: the
professional and scientific service, each such
position being established In order to enable
the National Advisory Committee for Aero-
nautics to secure and retain the services of
specially qualified personnel necessary in the
discharge of the duty of the Committee to
supervise and direct the scientific study of
the problems of flight with a view to their
practical solution.
'(c) The Secretary of the Interior is au-
thorized to establish and fix the compensa-
tion for not to eiceed la positions of a Pro-
fessional or scientific nature in the Depart-
ment of ,the Interior, 'each stich position
being established in order to enable the
partment of the Interior, to effectuate those
research and development functions and
activities pf such Department wIriCh require
the services of specially qualified ,professional
or scientific personnel.
"(d) The Secretary of Commerce is au-
thorized to establish and fix the compensa-
tion for not to eieeed 36 positions of a Pro-
fessional or scientific nature in the Depart-
ment of Commerce, each such position being
established in order to enable the Depart-
ment of Commerce to effectuate those re-
search and development functions and ac-
tivities of such Department which require
the services of specially qualified profes-
sional or ?scientige persopnel."
(b) 'Nothing contained in the aniendMent
made to such act' of August 1, 1b47, by sub-
section (a) of this section shall effect any
position existing. under authority. of sub-
section (a) of the first section of such act of
August 1, 1947, as in effect immediately prior
to the effective ((Ate of snob anieitdment, the
compensation attached,to any.. such posi-
tion, and any incumbet thereof, his ap-
pointment theret,O, and his right to receive
the compensation attached thereto, until
appropriate action is taken under authority
of subsection (a) of such first section of such
act of August 1,,1947, as contained in the
amendment merle by subsection (a) of this
section.
(e) Snhsection. (c) of the flit section of
such act of Angst 1, 1.047,. as amended, is
hereby redesignated subsection (e) of such
first section.
.1
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? I
(d) Section '3 of such AT
1947, as amended, is amen
follows:
"Sao. 3. (a) Each officer,"
positions established by him
shall submit to the Congress
February lot each year, a it
forth-
"(1) the number of such
tablished or in existence du
diately preceding calendar ye
"(2) the-nettle, rate of 'col
clesceititiOn .-)f the qualiileaE
Ctimbent" af each such
12 15:;
t of A tgu '.
led to read as
xith re ,pel
under his ac .
not la er ha
port which sets
)0,1t10i 4 Si Cr -
log Di in Ine-
z,
ipensat on. ant
.ms of act in
-
Won, ";ogi ther
with the position title and a state nei
the functions,- duties, and respen iblitie,
performed by each such inl anthen',ecep
that nothing contained in this seett tit ,ba
require the resubmission of nforna Lim, re-
quired under this paragraph which .as lee
reported pursuant to this se i tion and wine i
remains unchanged, and
"(3) such other informati in as bt. d ern;
appropriate or which may be require I ly,!
Congress or a committee the -eof.
"(b) In any instance in a. inch ar y o ficer
SO required to submit such eport i Lay fino
full public disclosure of an or al of th.
above-specified items to be detrim nt; L t
the national security such ("Meer is autinn
ized?
"(1) to omit in his annual repo t those
items with respect to which full pu Ala dis-
closure is fount by him to b. detrin mt t
the national security,
"(2) to inform the Congret s of eu ii omis-
sion, and
"(31 at the request of stir cong: essionni
committee to which such re 'ori is efe -rec,
to present all information e.ncerniig ,ucci
items."
Mr. JOHNSON of Tex is. I suggest
the absence of a quorum.
The PRESIDING 0: TICE' . Tb
clerk will call the roll.
The legislative clerk pr ceeded to call
the roll.
Mr. JOHNSON of Texas. Mr Pi esi-
dent, I nsts nqatilIngus,.ces'isent t ;at th -
Order for ple A1x9n.un, gal be rer cin lee
The PRESIDING OFFIC ER. Withoui
objection, it is so ordered.
Mr. JOHNSON of Texa / ii .pe th
Senator from South C arolin; Mr
joingsroivl Will make a?tateni nt ex-
plaining the 6ill: -
Mr. JOHNSTON of Sc uth C ircinna
Mr. President, H. R. 7619, which pa seri
the House during the cksing hiur of
the first session of the tAth cc ngesI,
related only to the pay of c?rtain 1,'eclerai
officials.
The committee amenclm nit str kes out.
all of the bill after the eiactinc anis
and substitutes therefoi a 11 w bii
greatly more comprehentive th in th
House bill.
Title 1 of tile bill increq: es the_ 'ate s Cf
pay for the heads of exe ntive lep irt -
merits and other Federal ( fficials
Title 2 of the bill relate: to the on an -
ization and Managenaerg of tl u Civil
Service 00iniission,.
Title 3 of the bill relate to Ulf es ab -
lishment and classificatioi of a iunthe-
of positions in the exec utive leo irt
merits. Also, title 3 cont -tins a section
relating tO the affairs of he Pot, Oille_
Departindit:
Title 4 of the bill relates o civil seivic :
retirement.
Title 5 authorizes the es ablish t r
additional scientific posit ons in se,,Jra
departine- ti 9f "the- Genre 4merlf
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12456 CONGRESSIONAL RECORD? SENATE
Mr. President, title 1 of the bill estab-
lishes a new pay structure for top offi-
cials of the Government. The new
structure provides $25,000 for Cabinet
positions; $22,500 for a small number of
officials outside the Cabinet who, never-
theless, participate in Cabinet meetings
or have other unusual responsibility;
$22,000 for the Secretaries of the armed
services; $21,000 for Under Secretaries
and comparable positions; $20,500 for
the chairmen of boards and commissions
and positions of comparable responsibil-
ity; $20,000 for members of boards and
commissions and for Assistant Secre-
taries; $19,000 for two groups of com-
missioners?Indian Claims Commission-
ers and Commissioners of the United
States Court of Claims?who are of a
semijudicial nature; $15,000 may be paid
to representatives and alternates to
UNESCO.
The rates of pay of grades 17 and 18
of the Claisification Act are adjusted
to conform with the general pay pattern.
The rates of pay of the three highest
grades of the Postal Field Service are
similarly adjusted.
The salaries of the top medical men
of the Veterans' Administration are
raised.
The ceiling is raised on salaries which
may be paid to a limited number of
scientific personnel engaged in res6arch
and development activities.
This title of the bill also provides for
the adjustment in the pay of isolated
positions here and there in the Federal
service.
Mr. President, title 2 of the bill, which
relates to the organization of the Civil
Service Commission, provides?
First, that the term of each Civil Serv-
ice Commissioner shall be 6 years, ex-
cept that the terms of the present three
Commissioners shall be 2, 4, and 6 years,
respectively, in order to establish the
tenure of the Commissioners on a proper
rotation basis.
Secondly, it is provided that the Presi-
dent shall, from time to time, designate
a Chairman and Vice Chairman of the
Commission, who shall, in order, be re-
sponsible for the administration and
function of the Civil Service Commission.
In the absence a both the Chairman and
Vice Chairman, the third Commissioner
would become the responsible head of
the Commission. On rare occasion,
when all three Commissioners might
be absent, the Executive Director would
be the responsible head of the Com-
mission.
At present, the Executive Director is
responsible for the operation of the
Commission. In the absence of the
Executive Director, the Assistant takes
over, and in his absence, the Second
Assistant, and so forth.
This is not a good situation. The
Commissioners do not now possess the
responsibility that they should have in
order to do an effective job. The bill
provides that the redelegation of re-
sponsibility to the Commissioners shall
take effect on the date of enactment
of the bill.
Mr. PASTORE. Mr. President, will
the Senator yield for an observation?
Mr. JOHNSTON of South Carolina.
I yield. "
Mr. PASTORE. I must leave the floor,
and before doing so I wish to say to the
Members of the Senate that it was a
privilege for me to serve with the Senator
from South Carolina and with the rank-
ing member of the committee, the Sen-
ator from Kansas [Mr. CARLSON] and
with every member of the committee.
The subject under consideration by the
Senate received thorough study by the
subcommittee. The conclusions arrived
at were not quickly or easily reached,
but only after a very analytical and ex-
haustive, and extensive, and thorough
study of all the phases of the subject.
I wish to take occasion to congratu-
late the chairman and every member of
the subcommittee for the fine work they
did on the pending bill, as well as to con-
gratulate the members of the staff of the
committee.
The pay increases provided in the bill
are sorely needed. believe they reflect
the prestige Of the important positions in
the Government service. The bill will
do much to keep up and raise the morale
of our Government employees in the
higher echelon.
A short time ago we did something for
the benefit of the rank and file Govern-
ment employees. Today we are doing
something for officials in the upper eche-
lon, who have been neglected for a long
time?perhaps for too long a time.
Again I wish to say that the Senate
ought to be appreciative of the fine work
which was done by the distinguished
chairman of the committee. I hope the
Senate will show its appreciation by vot-
ing favorably on the bill.
Mr. JOHNSTON of South Carolina.
Mr. President, I thank the junior Senator
from Rhode Island, and I wish to add
one thing to what he has said. It is that
as a member of the full committee he
worked a great deal with us on the sub-
committee. His help was very bene-
ficial to us in arriving at our final con-
clusions, which are contained in the
pending bill. I wish to thank him for his
patience and his attention to the subject.
Mr. KNOWLAND. Mr. President, will
the Senator yield?
Mr. JOHNSTON of South Carolina. I
yield.
Mr. KNOWLAND. I should like to
have additional information, because,
frankly, I have not come to any final
conclusion on the provisions of the bill
which relate to the Civil Service Com-
mission. For the benefit of the legisla-
tive record I should like to ask the dis-
tinguished chairman of the committee
whether, in regard to the particular sec-
tion which has been added, any testi-
mony was taken before the committee.
Mr. JOHNSTON of South Carolina. I
will say to the Senator from California
that the committee had been making a
study of that subject for the past 2 years,
is the ranking minority member of the
committee will bear _me out. Likewise,
a very thorough study was made by the
House committee I might say that the
Senate appropriated additional money to
our committee for the purpose of making
that study.
Mr. KNOWLAND. I should like to ask
the Senator another question, and I ask
it without any partisanship at all, be-
cause the situation I am about to de-
'July 20
scribe would apply whether the admin-
istration was Republican or Democratic.
I suppose the thought behind the en-
actment of the present law was that,
since the Executive is charged with the
administration of the executive branch
of the Government, he should be free
to appoint the members of the Civil Serv-
ice Commission and to remove them at
his pleasure. I wonder whether the dis-
tinguished chairman could discuss that
subject.
Mr. JOHNSTON of South Carolina.
should like to say to the Senator from
California that that provision has not
been changed; the President still has the
right to make the appointments. I shall
be glad to go into that a little later.
Mr. KNOWLAND. Will the Senator go
Into it for the benefit of the REcoais? I
should like to have him develop the dif-
ference between the law as it now stands
and what the law would be under the
proposed amendment which the commit-
tee is offering, which would provide for
a staggered term arrangement. In a
good many commissions of a supervisory
or semijudicial nature, that system works
well. Inasmuch as the committee pro-
poses to make a basic change in what has
been the law under both Democratic and
Republican administrations, I hope the
Senator will explain that feature of the
bill.
Mr. JOHNSTON of South Carolina. I
shall be glad to do so a little later.
shall go into it more fully.
Mr. President, title 3 of the bill contains
a number of miscellaneous provisions
primarily related to the establishment
and classification for pay purposes of
isolated positions here and there in the
Federal service.
Under present law, the general coun-
sels of 7 of the 10 executive departments
are appointed by the President by and
with the advice and consent of the Sen-
ate. The bill provides that the other
three general counsels be appointed in
the same manner. The three depart-
ments are: post Office Department, Agri-
culture Department, and Department of
Health, Education, and Welfare.
Additionally, the bill provides that the
general counsels in the Departments of
the Army, Navy, and Air Force be made
by the President by and with the advice
and consent of the Senate.
The bill authorizes the allocation of
the four existing positions in the admin-
istrative office of the United States
courts to grade 18.
The bill authorizes the allocation of
the seven existing positions of Director,
Commodity Offices, Commodity Stabili-
zation Service, Deparsment of Agricul-
ture, to grade 16.
The bill authorizes the allocation of
three existing positions in the Agricul-
ture Research Service, Department of
Agriculture, to grade 18.
The bill authorizes the creation of a
new position in the Department of Com-
merce to head up the new public roads
program.. The title of the position is
that of Federal Highway Administrator.
Also in title 4 of the bill is a provision
relating to the postal service.
Section 305 of the bill contains a pro-
vision recently approved in the Senate,
which appeared in S. 1292. It provides
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CONGRESSIONAL RECORD ? SENATE
that the difference between fourth-class
mail income and estimated fourth-class
mall cost can be as much as 10 percent
before the Postmaster General is re-
quired to request changes in parcel-post
rates before the Interstate Commerce
Commission.
This provision provides the Postmaster
General with a little leeway in the mat-
ter. It avoids the necessity of his going
to the Interstate Commerce Commission
every time there is an adjustment in Pay
or other legislative action which has an
effect on expense in the Post Office De-
partment.
Mr. President, title 4 of the bill em-
bodies S. 2875, the retirement bill which
was approved in the Senate on May 23,
1956.
Title 4 is the same as S. 2875 with a
few minor modifications. I am confi-
dent the modifications will be found to
be completely acceptable not only to the
Members of the Senate, but also to the
administration.
Furthermore, I am In a position to
state that they will be acceptable to the
rank and file of our loyal, hardworking,
and devoted Federal employees, who
have such a vital interest in the matter.
Briefly, the modifications made by this
bill in S. 2875 are as follows:
First, S. 2875 would have permitted op-
tional retirement at any age upon com-
pletion of 30 years or service.
This bill restores the provision of pres-
ent law which requires that the em-
ployee must have attained the age of
55 before he can so retire.
Secondly, S. 28'75 provided automatic
survivorship benefits without penalty of
one-half of the first $2,400 of the retiring
employee's earned annuity.
The bill, as amended, reinstates the
provision of present law which requires
that an employee elect survivorship ben-
efits, and it reestablishes a penalty when
such an election is made.
Under present law the penalty is 5
percent on the first $1,500 of the em-
ployee's earned anniiity, and 10 percent
on any amount in excess thereof.
tinder the bill, as amended, the pen-
alty is 21/2 percent of the first $2,400 of
the employee's earned annuity, and 10
percent on any amount in excess thereof.
Third?and closely related to the
above provision?under present law
when an employee elects survivorship
benefits, he must do so on the full
amount of his earned annuity.
The bill, as amended, permits an em-
ployee to designate the portion of his
earned annuity he desires used for such
a purpose. For example, if an em-
ployee should retire with an earned an-
nuity of $2,500, his situation might be
such that in the event of his death $:900
would be adequate income for his sur-
viving widow.
Accordingly, he would set aside the
first $1,800 of his annuity for survivor-
ship purposes, and he would be penal-
ized 2 percent on only the $1,800. He
would take no penalty on the amouiat
in excess thereof, and his widow would
receive no benefit therefrom.
Mr. President, these constitute the
principal changes in S. 2875 made by the
bill. In total, they reduce the estimated
No. 124-8
cost of S. 2875 by well over $100 million
a year. they go far toward meeting
every objection to the bill Voiced by the
administration. Yet they in no way
emasculate the worthy and desirable
features of the bill.
Mr. President, title 5 provides for the
establishment of additional scientific po-
sitions in the Department of "Defense,
the National Security Agency, the Na-
tional Advisory Committee for Aeronau-
tics, the Department of the Interior, and
in the Department of Commerce. The,
establishment of these positions was ap-
proved by the House. The Itouse en-
acted H. R, 11040 b for this purpose.
It was clearly established in the public
hearings held in the House and in the
Senate on this bill that these positions
are necessary for the defense of this
Nation, for progress in the field' of medi-
cine, science, and in the interest of our
national welfare.
Mr. President, H. R. '7619 was unani-
mously approved by the Post Office and
Civil Service Committee. This Was done
after consideration of its various com-
ponent parts by several Subconunittees.
Public hearings were held on Most of its
provisions.
All of its provisions have been thor-
oughly considered over a long period of
time. It Is a needed bill, it is a good
bill, and it should be enacted into law
without material change.
Mr. President, if the Senator from
California will listen, I wish to give the
information requested.
The Post Office and Civil Service Com-
mittee of the House of Representatives,
after a survey and study extending over
a period of 4 years, recommended that
the term of office of the Civil Service
Commissioners be placed on a staggered
basis, with a fixed term of 6 years. Ref-
erence is made to pages 4, 5, 52 and 53
of the attached House Report No. 1844,
84th Congress.
The Civil Service Commission is the
only major permanent operating Com-
mission or Board of the Federal Govern-
ment in which the members do not have
fixed terms of office. Attached is a tab-
ulation of the Boards and Commissions
showing the number of members and
terms of office, the provision for desig-
nation of the Chairman and Deputy
Chairman, and the legislative authority
under which they were constituted.
Due to the very purpose and nature
of the Civil Service Commission, its ac-
tivities and policies must at all time be
held above partisan political considera-
tion and they MUSD be exempt from pres-
sure insofar as is possible. This pressure
may be political; it may be from Mem-
bers of Congress, from other Govern-
ment officials, from employee groups,
from business interests, or from various
othei; sources. The organizatien of the
Civil Service Commission as it is now
constituted lends itself to pressure from
all sources.
It will be noted from the ,attached
table that the Commission is also the
only major Commission or Board of the
Federal Government where a line of suc-
cession to the chairmanship is to a civil
service employee and not to another
member. Under the present organiza-
4r-7
tion of the commission, the line 61 su,;-
cession to the Chairman ?tends froirt
the Chairman te the Execti ,ive Dii ect
and from him down to the lowest mes-
senger. The other two Cdmmissieneys,
appointees of the Presider t and con-
firmed by the Senate, can i.occeed only
' to the chairmanship after the I Avi-st
and lest employee of the Civil SI rvi ie
Commission is absent, prob bly at ie o
the ballgaine.
The charge has been mi,de thit the
provisions Of title II would distill') tie
operations and activities d the Ciii
Service Commission. It his also be n
stated that its present on anizat on is
based on the recomrnendi ions r. tie
Mover ConuniSsion. This harge ua-
supported.
The provisions of title It would in no
way disturb either the or inizati in if
the Civil Service Commissit a as n com-
mended by the Hoover CO nmissi in or
its operations and other at sivities
the contrary, they will greatl stren n
the management of the Commission a, id
the effectiveness of its pre trams, wi h
the benefits extending thr mehou t ie
entire Government, by provi, ling fo co 1-
tinuity of top-level leader:ihip t te
Commission on a sound ani perm meat
basis.
The provisions of title Il do no, d- -i-
turb the present law whicn maki t ie
Commissioners subject to re,noval t t le
pleasure of the President.
The preseot Commission irs cat, ftlie)
remain in ()Mee; at the wilt if the '- 're -i-
dent, without reconfirmation by the Seil-
ate. The President will d signat o-ie
Commissioner for each of ti .e 2-, 4 , a. id
6-year starting terms of cfli e.
The two Commissioners, other th
the Chairman under prese it oritt niz
ton, have no recognition ( ither i
management or operations of the Thin-
mission and very little in tte esta
ment of policy and relatior ships lo tie
Congress and other departments of Go ,i-
ernment. If this condition i ; to coi tin-me
to exist, we might as well abolis i tie
3-member Commission ane estab ish a
1-member system for the t ntire pern-
tons of the merit system oi the IA dei al
Government
I ask unanimous COD.Sf at to have
printed at this point part (.1 the epert
of House Civil Service Cornnittee ibcve
referred to.
There being no objectior the epert
Is as follows:
THE COMMISSION
Present organization of the Comm ssic
Existing" law provides for 3 Civil 1 erv ce
Commissioners, not more thai 2 of wh.m
may be of the same politica party ie
Chairman of the Commission old ti, ot1 er
2 members to e appointed by he Pre ide- it,
by and with the advice and consent ,)f lie
Senate. Gencrally, upon ohm ge in t lna 1-
istration an entirely new Corn nission is z
pointed.
In 1953 the Chairman of tit, Civil ; cry ce
Commission was assigned the. oclditic al, e-
sponsibility 0. the newly crest poi ion of
Personnel Adviser to the Pi 'idea, me
present Incumbent of the c ir hits. ter, ..q1
lathe dual capacity of Chairm ,n of it
Service Commission and Pert in nel m dvi er
to the President for most his is :m of
office.
The division of responsibilt y of. tit Civil
Service Commission between' heChi the in
'
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12458 CONGRESSIONAL RECORD -- SENATE
and the full Commission under Reorganiza-
tion Plan No. 5 of 1949, in practice has not
materially reduced the responsibility of the
Chairman. A large measure of responsibility
for management of the Civil Service Com-
mission has been delegated to the Executive
Director of the Commission, particularly
since the beginning of the dual role of the
Chairman. The two members of the Com-
mission exercise little or no management
control. As noted elsewhere in this report,
in the absence of the Chairman the Execu-
tive Director is the operating head of the
Commission. ?
Chairman of the Civil Service Commission
and Personnel Adviser to the President:
The present dual office of Personnel Adviser
to the President and Chairman of the Civil
Service Commission in some respects has
operated as a deterrent to the effective dis-
charge of the full responsibility of the Com-
mission. In the judgment of the committee
the disadvantages of the dual tole far out-
weigh the advantages. Occupancy of these
2 high offices by 1 individual at the same
time may subject him to pressures and spe-
cial concerns of individual administrative
officials. Time and effort urgently needed in
the direction of the affairs of the Civil Serv-
ice Commission undoubtedly tend to be di-
verted to extraneous matters which at best
are only indirectly related to the mission of
this important agency. The chairmanship
of the Civil Service Commission is a full-
time job which requires the undivided atten-
tion of the incumbent--just as the man-
agement of other agencies requires the at-
tention of the titular heads thereof. See
recommendation (2), page 53.
Commission meetings: The Civil Service
Commiesioners held 26 formal meetings
during the calendar year 1955, and a num-
ber of other, informal, meetings to take up
special problems, such as budget estimates,
as they arose. There is no firm policy of
holding meetings on a sped Sc day each
week, although it was stated that generally
there was an effort to set aside eacieWednes-
day for a meeting of the Commissioners.
The bulk of the work requiring Commis-
?sion attention is handled individually by
the Commissioners by referring staff files
from one Commisisoner to another for no-
tation and decision. The formal minutes
of the Commission are made up not only
from the formal meetings but from decisions
as indicated on these files that are referred
to the individual Commissioners without
any formal meeting. In practice, the sched-
ule of meetings is worked out by the Execu-
tive Secretary to the Commission, who en-
deavors to arrange the meetings on Wednes-
days. This has been the custom in the
Commission for a good many years past.
However, because of other appointments and.
obligations, it is frequently necessary to
select another time for a Commission meet-
ing.
In the judgment of the committee, at
least one regular, formal weekly meeting of
the Civil Service Commission would con-
tribute materially to improvement in the
management and operations of the Com-
mission. See recommendation (2), page 53.
RECOMMENDATIONS
? ? ?
(d) Continue the present requirement
that not more than two Civil Service Corn-
missionershe of the same political party and
that the Chairman and members of the Com-
mission be appointed by the President with
the advice and consent of the Senate.
Consideration also should be given to the
inclusion in such legislation, among other
matters, of provisions to?
(a) Achieve for the Civil Service Commis-
sion greater independence of action, con-
tinuity of top management, and freedom
from outoltie influence or domination
through the establishment of 6-year, over-
lapping terms of office for Civil Service Cern-
enissiciners, such terms to be placed in effect
on a staggered basis, beginning with the first
day of a specific calendar year, by the ap-
pointment of (i) one Commissioner to a term
expiring at the end of 2 years, (ii) one Com-
missioner to a term expiring at the end of 4
years, and (iii) one Commissioner to a term
expiring at the end of 6 years?the term of
any Commissioner appointed thereafter to
expire at the end of a 6-year period, or mul-
tiple thereof, after the prescribed expiration
date of one of the original terms;
(b) Require that at least one Civil Service
Commissioner have served 5 or more years in
the classified civil service;
(c) Establish a firm line of succession for
the office of Chairman of the Civil Service
Commission whereunder (1) in the absence
of the Chairman the other majority Commis-
sioner shall act an Chairman, (ii) in the ab-
sence of the Chairman and the other ma-
jority Commissioner the minority Commis-
sioner shall act as Chairman, and (iii) in
the absence of the Chairman and both other
Commissioners the Executive Director shall
act as Chairman;
(d) Spell out in affirmative language that
the decisions and determinations of the Civil
Service Commission authorized. by law or
order are final and conclusive on the execu-
tive agencies and enforceable by legal pro-
ceedings in any instance in which the Com-
missioners, by a majority vote, shall deter-
mine and certify that such action is neces-
sary in the public interest; and
(e) Authorize the Civil Service Commis-
sion (i) to require an explanation of reasons
for any failure to make an appointment
from a certificate or list of eligibles furnished
by the Commission at the request of an ap-
pointing authority and (ii) if, in the judg-
ment of the Commission, the facts warrant
to direct abolishment of any position (A) for
which a certificate or- list of eligibles has
been furnished upon request and to which no
appointment has been made from such cer-
tificate or list (or by promotion or transfer)
within such time as the Commission may
prescribe or (B) for which two or more cer-
tificates or lists of eligibles have been fur-
nished upon request and to which no ap-
pointment has been made from any such
certificate or list or by promotion or trans-
fer.
(2) THE COMMISSION
(a) The office of Chairman of the Civil
Service Commission is-a -full-time job and
should comprise no special duties and re-
sponsibilities, as personnel adviser to the
President or otherwise, which are above and
beyond those normally found in the rela-
tionship of the head of an independent
agency to the Chief Executive.
(b) The Civil Service Commission should
establish a firm policy of holding formal
meetings at lease once each week to con-
sider and determine matters of policy and
problems requiring the attention of the
Commissioners.
(c) Greater emphasis should be placed
upon the staff and advisory capacity of the
Commission in its dealings with other
agencies.
Mr. CARLSON. Mr. President, will the
Senator froth South Carolina yield?
Mr. JOHNSTON of South Carolina.
First, I have some perfecting amend-
ments which I send to the desk.
Mr. DOUGLAS. Mr. President, before
the Senator from South Carolina yields
the floor, I should like to ask him a few
questions.
Mr. CARLSON. Mr. President, will the
Senator from South Carolina yield?
Mr. JOHNSTON of South Carolina.
I yield.
July 20
Mr. CARLSON. Mr. President, I have
here a copy of a letter written by the
Chairman of the Civil Service Commis-
sion to Representative MURRAY, chair-
man of the Committee on Post Office and
Civil Service of the House of Represent-
atives. I ask unanimous consent that
the letter may be made a part of the
RECORD at this point.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
UnTrED STATES CIVIL SERVICE COMMISSION,
Washington, D. C., July 3, 1956.
The Honorable Tont MURRAY,
Chairman. Committee on Post Office and
Civil Service, House of Representatives,
United States Congress.
DEAR Ms. MURRAY: This is in reply to your
letters of March 19 and March 22, 1956, re-
questing the Commission's views on H. R.
9998 and H. R. 10041, identical bills "To
amend the first section of the Civil Service
Act of January 16, 1883, as amended, so as to
provide for 6-year terms of office for mem-
bers of the Civil Service Commission, and for
other purposes."
These bills would provide for fixed over-
lapping terms of office for Civil Service Com-
missioners and establish a different line of
succession for the office of chairman.
The Commission is opposed to the enact-
ment of these bills.
The present organization is working very
well. It is based on a recommendation made
in 1949 by the Commission on Organization
of the Executive Branch (the first Hoover
Commission). In our opinion, our organiza-
tion is effective and logical and has provided
a satisfactory framework for the exercise of
the Commission's responsibilities.
In reviewing the entire matter, we have
come to the conclusion that the method of
appointment of Commissioners should not
be changed. Commissioners should continue
to serve at the pleasure of the President
without having fixed terms of office estab-
lished by law. In addition, we believe that
the separation of operations from policy and
appellate functions should be continued.
This logically calls for the Executive Direc-
tor's acting in the absence of the Chairman
of the Commission for purposes of continuity
of operations. Since the time of the other
two Commissioners is spent on policy and ap-
pellate functions, they cannot be expected
to be familiar with day-to-day operations.
Reorganization Plan No. 5 has worked too
well to date to discard it without further
trial. In the course of this further trial,
responsible executive branch officials will
give continuous thought to any needed
changes in the Commission's structure and
functions.
The Bureau of the Budget has advised us
that there is no objection to the submission
ef this report to your committee, and that
enactment of this legislation would not be
in accord with the President's program.
By direction of the Commission.
Sincerely yours,
PH/LIP Yomec,
Chairman.
Mr. JOHNSTON of South Carolina.
Does the Senator from Georgia wish to
ask me a question?
Mr. RUSSELL. Mr. President, I de-
sire to obtain the floor in order to pre-
sent amendments to the bill. If the Sen-
ator from Illinois [Mr. DOUGLAS] wishes
to interrogate the Senator in reference
to something which has already been
covered, I shall be glad to wait.
The PRESIDING OFFICER. The
amendments offered by the Senator from
South Carolina [Mr. JOHNSTON] will be
stated.
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1956 CONGRESSIONAL RECORD ? SENATE
The LEGISLATIVE CLERIC In the
amendment of the committee, on page
24, line 3, it is proposed to strike out:
( 32) Deputy Director, Central Intelli
gence Agency.
On pages 24 and 25, renumbered para-
graphs (33) to (54) as (32) to (53), re-
spectively.
On page 25, line 5, after "executive"
Insert "or military."
On page 27, lines 13 and 14, strike
out:
(17) Commissioner, United States Court
of Claims (12) .
On page 27, renumber paragraphs (18)
to (23) as (17) to (22), respectively.
On page 32, line 4, strike out "$12,000"
and insert "$12,500."
On page 71, line 22, insert before the
period a colon and add "Provided fur-
ther, That this subsection shall not ap-
ply to a Member appointed by the Pres-
ident of the United States to a position
not requiring confirmation by the Sen-
ate."
On page 44, before the semicolon in
line 7, insert the following: "or to con-
struction employees or any other tem-
porary, part time, or intermittent em-
ployees of the Tennessee Valley Au-
thority."
The PRESIDING OFFICER. If there
Is no objection, the amendments of-
fered by the Senator from South Caro-
lina will be considered en bloc.
Mr. CARLSON. Mr. President, will
the Senator from South Carolina yield?
Mr. JOHNSTON of South Carolina.
I yield.
Mr. CARLSON. I understand these
are the amendments that have been dis-
cussed; is that a fact?
Mr. JOHNSTON of South Carolina.
We did discuss them.
Mr. MONRONEY. Mr. Preeident, will
the Senator from South Carolina yield?
Mr. JOHNSTON of South Carolina.
I yield.
Mr. MONRONEY. These amend-
ments do not include the civil-service
retirement portion of the bill, do they?
Mr. JOHNSTON of South Carolina.
No. These are merely technical amend-
ments.
Mr. DOUGLAS. Mr. President, will
the Senator from South Carolina yield
for a question?
Mr. JOHNSTON of South Carolina. I
yield.
Mr. DOUGLAS. Am I correct in my
understanding that under this bill the
members of the Cabinet are to receive
salaries of $25,000 a year?
Mr. JOHNSTON of South Carolina.
That is correct. The House provided for
that in its bill, and we have it in our
bill. The salary is now $22,500.
Mr. DOUGLAS. The Under Secretary
of State and the Deputy Secretary of
Defense are to receive salaries of $22,500,
is that correct?
Mr. JOHNSTON of South Carolina.
That is correct.
Mr. DOUGLAS. And the Secretaries
of the Army, Navy, and Air Force are to
receive Salaries of $22,000?
Mr. JOHNSTON of South Carolina.
That is correct.
Mr. DOUGLAS. There are several
Under Secretaries referred to on page 20
of the bill, such as the, Under Secretary
of the Interior, the Under Secretary of
Agriculture, the Under Secretary of
Commerce for Transportation, the Un-
der Secretary of Commerce, the Under
Secretary of Labor, the Under Secretary
of Health, Education, and Welfare, who
are to receive salaries of $21,000.
Mr. JOHNSTON of South Carolina.
That is correct.
Mr. DOUGLAS. And are there not a
number of Deputy Under Secretaries in-
cluded in, the bill? Does not every Un-
der Secretary have one or more deputies?
Mr. JOH.NS.CON of South Carolina.
Perhaps.
Mr. DOUGLAS. Will they not receive
increases?
Mr. JOHNSTON of South Carolina,
Perhaps.
Mr. DOUGLAS. Are two new grades
put in, 17 and 18?
Mr. JOHNSTON of South Carolina.
No.
Mr. DO'UGLA'S. Are the numbers in
grades 17 and 18 increased? "
Mr. JOHNSTGN of South Carolina.
In some instances.
Mr. DOUGLAS. So, the deputies will
probably be placed in geade 17 or grade
18. There are deputy' secretaries and
unc'ersecretaries in virtually every de-
partment of Government. Then there
are deputies to the deputies, or deputies
to the undersecretaries. They will prob-
ably be in grades 17 and 18, will they not?
Mr. JOHNSTON of South' Carolina.
They will remain in whatever grade clas-
sification they may be in at the present
time.
We have made some few increases in
the bill with reference to grades 17
and 18.
Mr. DOUGLAS. The bill probably
would upgrade grade 18 persons. In
other words, the deputies to the dep-
uties and the deputies to the under sec-
retaries are not forgotten?
Mr. JOHNSTON of South 'Carolina.
?
No.
Mr. DOUGLAS. That is, very reassur-
ing to these functionaries. I notice that
on page 23 a number of assistant secre-
taries are also given increases.
Mr. JOHNSTON of South Carolina.
To make that clear, everyone in grade 18
is increased from $14,800 tO $16,000,
under the bill.
Mr. DOUGLAS. That will be good for
them, if not for the taxpayers.
On page 23, under '`assistant secre-
taries," I find 5 Assistant Postmasters
General, 3 Assistant Secretaries of Agri-
culture, 3 Assistant Secretaries of Com-
merce, 9 Assistant Secretaries 61 pafense,
2 Assistant Secretaries, of Health, Edu-
cation, and Welfare, 3 Assistant Secre-
taries of the Interior, 3 Assistant Secre-
taries of Labor, 10 Assistant Secretaries
of State,'
Assistant Secretaries of the
Treasury, 4 Assistant Secretaries of the
Air Force, 4 Assistant Secretaries of the
Army, 4 Assistant Secretaries of the
Navy.
If my arithmetic is correct, that is a
total of 53 assistant secretaries whose pay
is tube increased to $20,000.
Mr. JO STN of ,soixth Carolina,
That is correct. 4 -
Mr. DOUGLAS. If every one of the
53 assistant secretaries has a doputy as-
sistant secretary, what will leappei. to 'lit
53 deputy assistant secretT ies?
Mr. JOHNSTON of So ith Cr rd l na
Their salaries will not be c ranged un es:
they are already in grade 1 1. If ti;ey art
already in grade 18, their lay wiL be kn-
creased from $14,800 to 116,000.
Mr. DOUGLAS. Is it not pi alas ble
that almost all the deputit s to as .ist mi
secretaries are in grade it now?
Mr. JOHNSTON of So) tth Cr ea na.
There are only 176 in tht entir a )v-
ernment.
Mr. DOUGLAS. Could we 1 avt a
breakdown, of the numbers if depi tie tc
the assistant secretaries an (the d 'Pu Il
to the under secretaries? .
Mr. JOHNSTON of Sotth Cs rolina,
For the infermation ef the Senat?item
Illinois, in grades 17 and. 18 tht re are
only 178 oricials in the eptire G lye m-
m,ent.
Mr. DOVG-Fa&S. Dogs. the $. ans tor
mean that there are, not u ore th in L78
deputies to tinder secreta 4 ,s or dpi ies
to assistani seeretaries? ?:Chat i, re is-
surinz. I thought the Dug ibex pi IbsolY
ran into nianY bund-reds.
Can the Venator from a uth C. roi na
inform us tow. many more under se( -e-
taries, deputy secretaries,_ issista: ,T-
retaries, deputy under set retant ; nd
deputy assistant secretari :is thee ire
now than there.were 31/2 yet rs ago
Mr. JOHNSTON of f.ka.th Cs solma.
The committee did not ge into teat in
this classification.
Mr, DOUCTLA.S. I think ,hat ad( be
an extremely important answer -t( hi ye.
Mr. JOHNSTON of Sqath Ca cob na.
Their salaries will not be touched at di.
Mr. novaLAs. Hut 14 ';>e iii reses
are being handed down?
Mr. JOHNSTON of Sth Cs solma.
Not in the bill. There art 662 a dy,
Mr. DOUGLAS. The ss lanes of he
deputy secretaries go up; t le sale les of
the under secretaries go up; the s tla ies
of the assistant secretarie go u ); he
salaries of deputy under se iretari s y ho
are in grade 18,go up; andJ lee salt cie;- of
deputies to ,assistant secret tries w co ire
in grade 18 go up.
My question is how mans' more tep ity
secretaries.., under secretaa ;as istant
secretaries,. denuties to tual r sect( tar es,
deputies to deputy under se ?retart s, nd
deputies to assistant secrete nes ar tie re
now than there were 31/2 ye irs ago ' Are
have been proliferating cincialdem. to
use a large word, all around One an lot
go downtown without but mins .ntic a
deputy; and he does not wt ar a s. en i's
badge, either.
Mr. JOHNSTON of South Carol aa. I
should imagine their number his la-
creased; and my rough giaass we ild be
that their number has abont doub ed.
Mr. DoutILAS. I believa the la .part-
ment of Defame used to hare nim Gil il-
ians in the top positions. I ow thr re
32 secretaries, under secretaries, tssa,t-
ant secretaries, deputies to leputa m, iid
deputies to assistant seerclaries. P ,r-
haps I have missed some. )f thei 1.
Mr. JOHNSTON of Soath Ca_ (Alla.
I agree with the Senator fr an 11th ois to
a very largt extent; but t.1 e cone nit ee
did not go intothat quetjs ia tt s hal.
Mr. DOUGLAS. But pg. 1tit as
have been created by this achnii
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12460 CONGRESSIONAL RECORD ? SENATE
tion under their efficiency program to
reduce the number of governmental erne
, ployees. Does not the Senator think
it would be a good subject for the Com-
mittee on Governmental Expenditures
to look into? Would it not be well for
that committee to ascertain the number
of assistant secretaries, assistants to
assistant secretaries, deputies to assist-
ants, and deputies to deputies the Gov-
ernment now has on its rolls?
Mr. JOHNSTON of South Carolina.
For the information of the Senator from
Illinois, the committee has not made a
study of that question up until this time,
but we intend to make such a study.
Mr. DOUGLAS. I think it would be
very helpful.
Mr. RUSSELL. Mr. President, I have
an amendment in the nature of a substi-
tue for Title V of the proposed legisla-
tion. Title V of the bill as reported by
the committee has in essence the same
provisions as H. R. 11040, which has
passed the House. It provides for the
creation of some 275 additional profes-
sional grades in the highest pay brack-
ets. Most of them are within the De-
partment of Defense.
I have made some study of this ques-
tion, and, in my opinion, Congress would
not be justified in creating that many
positions in that high category at this
time. I am therefore offering an amend-
ment as a substitute for title V of the
committee amendment.
The PRESIDING OFFICER (Mr. LAIRD
In the chair). Does the Senator desire to
have the amendment read in full?
Mr. RUSSMT.T. It is agreeable to me
to have the amendment printed in the
RECORD, rather than have it read.
? The PRESIDING OFFICER. Without
objection, the amendment will be printed
in the RECORD.
Mr. RUSSELL'S amendment to the com-
mittee amendment is as follows:
On page 81, beginning in line 19, strike
out down to and including line 10 on page
85, and in lieu thereof insert the following:
"Sisc. 501. (a) Subsections (a) and (b) of
the first section of the act of August 1, 1947
(61 Stat. 715; Public Law 333, 80th Cong.).
as amended, are amended to read as follows:
" ' (a) The Secretary of Defense is author-
ized to establish and fix the compensation
for not more than 120 positions in the De-
partment of Defense and not more than 25
positions in the National Security Agency,
each such position being established to ef-
fectuate those research and development
functions, relating to the national defense,
military and naval medicine, and any and all
other activities of the Department of De-
fense and the National Security Agency, as
the case may be, which require the services
of specially qualified scientific or professional
personnel. -
"'(b) The Chairman of the National Ad-
visory Committee for Aeronautics is author-
ized to establish and fix the compensation
for, in the headquarters and research sta-
tions of the National Advistory Committee
for Aeronautics, not to exceed 20 positions
in the professional and scientific service,
each such position being established in order
to enable the National Advisory Committee
for Aeronautics to secure and retain the serv-
ices of specially qualified personnel neces-
sary in the discharge of the duty of the
Committee to supervise and direct the scien-
tific study of the problems of flight with a
view to their practical solution.'
'(b) Nothing contained in the amend-
ment made to such act of August 1, 1947,
by subsection (a) of this section shall affect
any position existing under authority of
subsection (a) of the first section of such
act of August 1, 1917, as in effect inunedi-
ately prior to the effective elate of such
amendment, the compensation attached to
any such position, and any incumbent there-
of, his appointment thereto, and his right to
receive the compensation attached thereto,
until appropriate action is taken under
authority of subsection (a) of such first
section of such act of August 1, 1947, as con-
tained in the amendment made by subsec-
tion (a) of this section.
"Sze. ?. Section 505 (b) of the Classifica-
tion Act of 1919, as amended (69 Stat. 179;
5 U. S. C., sec. 1105), is amended to read as
follows:
''(b) Subject to subsection (c), (d), and
(e) of this section, a majority of the Civil
Service Commissioners are authorized to
establish and, from time to time, revise the
maximum number of positions (not to ex-
ceed 1,215) which may be in grades 16, 17,
and 18 of the General Schedule at any one
time, except that under such authority such
maximum number of positions shall not ex-
ceed 329 for grade 17 and 126 for grade 18.
The United States Civil Service Commission
shall report annually to the Congress the
total number of positions established under
this subsection far grades 16, 17, and 18 of
the General Schedule and the total number
of positions so established for each such
grade.'"
Mr. RUSSELL. Mr. President, I shall
describe very briefly what the proposed
substitute will do. In the Department
of Defense at the present time 45 of
these professional positions are author-
ized. The committee proposal allows
180 additional positions. The amend-
ment which I propose allows 75 addition-
al positions.
The National Security Agency, Mr.
President, which is one of the most im-
portant agencies of our Government, al-
though it is not referred to very often,
and I think this is the first time it has
ever appeared in any bill which has come
before the Congress?the Agency was
created by Executive order?does not at
the present time have any of these sci-
entific and professional positions in the
higher grades. The Agency had re-
quested 50 positions. My suggested
amendment proposes 25 additional posi-
tions.
The reason the amendment provides
a higher percentage of such positions
for that Agency than it does for some
of the other agencies is the peculiar na-
ture of the work which is done by the
National Security Agency. The work is
of such a nature that when a man leaves
the Agency, tho training he has received
In the Government does not in any way
help him obtain a position in private
employment.
The National Advisory Committee for
Aeronautics at the present time has 10
such positions, and it has requested 50
positions. That is provided in the com-
mittee amendment. The amendment
which I propose doubles the number the
Advisory Committee has at the present
time, and allows it 10 additional pro-
fessional positions. The Advisory Com-
mittee proposes to promote 10 persons
presently employed by them, and, there-
after fill the 10 positions in the lower
grades by employing new personnel.
July 20
The committee proposes to give to the
Department of Commerce 35 additional
scientific positions. I have discussed
this matter with the Secretary of Com-
merce. Of course, he would like to get
the 35 professional positions, but he has
stated to me, within the hour, that his
greatest need is in the so-called super-
grades? GS-16,17, and 18; that he needs
the positions in those categories to assist
him in the administration of the tre-
mendous highway program which was
recently adopted by the Congress. The
amendment I have proposed allows 15
positions in the higher grades, or the
supergrades, to the Department of Com-
merce.
The essential difference between the
provisions of H. R. 11040, as found in
title V, and the substitute I propose is
that the number of high-grade positions
is reduced from 275 to 145.
I may say, with respect to these scien-
tific grades, it is very difficult to recruit
personnel for those grades all at one
time.
I do not think my amendment would
injure any of these agencies in the
slightest degree. The next Congress
can examine into the needs of the agen-
cies and ascertain whether it is neces-
sary to create this large number of
scientific and professional positions.
Mr. SALTONSTALL. Mr. President,
will the Senator yield?
Mr. RUSSELL. I yield.
Mr. SALTONSTALL. I should like to
add a word to what the Senator from
Georgia has said about the amendment.
I know the departments would like to
have more of the high-grade positions,
but representatives of the Defense De-
partment have discussed the matter with
the Senator from Georgia and with me.
While they would like to have more of
the high-grade positions, I believe the
amendment of the Senator from Gecirgia
will be yery helpful to the Department
of Defense as well as the Department of
Commerce. The Secretary of Com-
merce has also talked to me.
I hope the amendment of the Senator
from Georgia will be accepted by the
committee.
Mr. JOHNSTON of South Carolina.
Mr. President, I should like to say that
the House bill is before the Senate.
Hearings were held on the House bill.
A question was raised as to how many of
the high-grade positions should be cre-
ated. For that reason, I informed those
concerned that I thought we ought to
take the matter up with the Committee
on Armed Services, and especially with
the chairman of the committee.
Mr. RUSSELL. I appreciate that.
Mr. JOHNSTON of South Carolina.
The Senator suggested that the propo-
sals be put in the bill. Then when it
reached the floor he would offer his
amendment clarifying the matter, as he
thought it ought to be.
So far as I am concerned, and I think
the committee felt that way about it at
the time, I shall be glad to accept the
amendment.
Mr. CARLSON. Mr. President, reserv-
ing the right to object?and I shall not
object?before the amendment is ac-
cepted I should like to make a statement.
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1956 coNGREssioN4 RECORD - SENATE
,
? It is understood that Senator Rossue
would propose to amend title V of L R,
7619 to reduce the numbers of scientific
and professional positions proposed by
the act. Title V would nacreasei the
ntimber of scientific, and professional
positions new authorized for certain de-
partments and agencies engaged in scien-
tific research and development. While
this title reads as though the heads of
the departments and agencies concerned
have a wide open authority to establish
positions and rates of pay under it, this
is not the case nor would it he appropri-
ate. The situation with regard to the
control of positions under this title is as
follows:
While the positions authorized to be
established under the title are for, the
use of the specific agencies named, be-
fore they can be established and appoint-
Ments made to them the department or
agency must have the approval of the
Civil Service Commission of, the rate of
pay which it proposes for each position
and of the qualifications of each individ-
ual which it proposes to appoint to such
positions. In fact the, control of pay fix-
ing and appointment is tighter in the
case of these positions than is the ,case
when positions are established under the
Classification Act. Title, V does not an-
therize any increase ,in the number of
Classification Act, I deala solely, with
so-called supergracle ,sitiolastu14, el; the
scientific and ,professional positions for
which the Congress initially authorized
limited numbers of .such position ? in
Public Law 313 on Angust 1, 1947. Au-
thorization of the additional positions
provided in title V is essential te, the
scientific research and Cievelopment week
conducted by the Federal Government if
o'er Government is to, keep abreast and
ahead of the demands made on it in this
field.
? The bulk of the positions covered by
title V are in three critical areas: ,
Th_e Department of pefense for the use
of the Army and Navy, and Air Force in
their scientific and professional research
and development programs in a variety
of fields ranging from guided missiVs to
the field of medicine.
The National Security Agency.
The National Advisory Committee for
Aeronautics whose reaearch in the ti,ero-
nautical field is basie, to the continued
development of our aircraft industry.
Its research and development work is
made available not only to the Army,
Navy, and Air Farce, but also 4o the
private industrial cOriCerns in the air-
craft field.
? The authorization of these positions
can in no way be termed a raid on the
Treasury or a political, maneuver te se-
cure more high-paid Jobs for political
purposes. Each individual who has been
approved for appointment , under the
present authorizations for such positions
which would be inCreaked Dy.. title V, has
been an outstanding scientist or profes-
sional man in his field. of work. The de-
partments and ageric.ies who have, the
special authorities which are ,being in-
c14,.ePed 1-lutler title. V 144v0 instance1)11sed the authority or used it improp-
erly, since they have first received, au-
thorization for appofntments and pay
fixing in 1947.
To reduce the number of scientific and
professional pesitions proposed to be
authorized by title V Would be failing to
recegnize,our critical need for advanced
work by the Federal government in the
fields of , basic research and applied
. science.
I appreciate the work the Senator
from Georgia has dope. It, is a real
problem to determine the number of
personnel that each agency should have
in the super poeitions,, There, is a great
demand ter them. In papinstaimee?
in fact, I should say inmost instancea ?
their employment is jitstifled. We have
tried, as I know the Senator from Geor-
gia has , tried, to take care of the
agencies at this time.
did not hear the number the senator
from Geergia swgesteci for the Depart-
ment of pefense
Mr. RUSSELL. The number sug-
gested for the Department of pefense is,
a total of, 120. At the, present time the
Department ha e 45 super positions.
The prolapsed amendment weald allow
them 75 additional positions in this
category.
Mr. CALSON. I should llke to say
to the Senator from Georgia that the
senior Senator, from, Virginia [Mr.
,e'R.p I visited with me ancletated hp was
greatly concerned abent the National
, Advisory Committee for Aconautics,
and he told ate he had disciiseed with the
Senator from Georgia the number of
super positions needed in that agency.
As I understand, that, agenex now has
10 such positions, and ,would ?receive ,10
additional under the proposed amend-
ment. Is that Correct?
Mr. RLYSSELL The senator is car-
rect. I May say, that the Sertater frern
Virginia has discussed this matter with
me on tWo occasions, and !aged In-
creasesthorization fqr the Na-
tional Advisory Committee for Aeronau-
tics. But, in my opinion, if we doable the
number that agency now have, and they
are permitted ta fill the 10 old posi-
tions?because they Will be Trecruiting
10 new Men to fill the lower grades
which have been vacated for the higher
grades?that shoeld suffice to allow the ,
agency' to' pursue its ae-tivitiei.
cAruLscikT. ? The National Ad-
visory Committee for ?Aeronautics had
requested , 60 such positions. ?As I un-
derstand, all the positions which were
to be filled would be filled by moving up
to those grades persons presently em-
ployed by the agency. The amendment
will give the agency 20 of those super
,
,p,osiitoos.. s thgt Correct?
? Mr. RUISSELI,k, The, agency will have
20 of thp Wel:fest Pxofessional grade
?positions ?recognized by existbag law.
?As the Senator has stated, the _agency
proposes to fill the top Positions by pro-
motion; but, as the Senator well knows,
when the_age,ncysioes fill those positions
by promotion, that doe,,s not automatic-
ally abolish the lower? positiqns which
,are occupied by those wife will be pro-
moted. Additional Personnel will fill
.the yacancies created by the promotion.
,of personnel to ihe 10 Additional scien-
tific and professional grades. _
. Mr. CABIZON. In conclusion, I wish
again to commend the Senator from
Georgia for the work he has done on the
matter. I know he has werked e mm ,st?
ly and sincerely in tryini in ai el on,
to protect _ the interests of the C evt en-
ment. There, is great de nand . ty?aa-
vate industry, for scientiets anc 01 her
personnel in various Gove -nmem ag _m-
etes. While we can never s xpeet a oleo
private industry salaries, w can, i m es ere
way possible, by grantine sale at in,? ,
arid fringe benet,s, eneour ige
employees _to, stay with tilt Gove, art ent
When we need, them, _
If it deyelops by next Januaiy teat
a sufficient number ef poait ions li, ye, Acm
been made, available to,tal e care of the
interests of the Government, Ian; art
the Senatee from Georele. and , lei ow
the Senate'', f,rona Kansat will, try to
protect these interests. _
Mr. RUSSELL. If it de vt lops tL at his
number of, positions is .no. sufac,ent to
meet the needs of the ugincies, SLaIJ
favor action by Congress fe lucre, se ,ne
number so ?as to enable the (leper meats
to meet their needs.
.Mr. DOUGLAS. Mr. Preside/t, -yin
the Senator from Georgia -ield?
Mr. RUSSELL. I yield.
Mr. DOUGLAS. First, I wish to cen-
gratulate the Senator front Geol., ia for
his work in cutting out a ,arge r un-eier
of the high-salaried pos. Lions. which
apparently are grossly excess ie in
number.
I have made a rough cal mlatio i; nd
I think his amendment to the coirmmnilee
amendment will save se reral nill on
dollars. He deserves a -t meat heal of
credit for paring down the excess ye es-
timates by the executive depart nents.
'Mr. RUSSELL. I than!, the S ,or
from Illinois.
Mr. DOUGLakS. ; have been mel?g
for some time to obtain hpormat an on
this questiqn, There are approxienately
13 Under Secretaries, 2 Set retara s,f nd
then there are some peptie Undf. 4 -c-
retaries. there are 53 Aset istant iec:e-
tarie.s", 21 of ?Whoin are in the E ufe. tse
Department. am seekir to as erf
how many deputies to Depu y Sect- -tai Les
and tinder Secretaries an I how int ny
deputies to Assistant Secretaries tb
are in the tioiernment:
Mr. RT.S4L. Mr.,P .esider, 1,, he
e
Senator fr9in. Illinois ma seek ,._ 'is ?n-
fthanation ata source that is vas r ad
has more information tE in do. he
Senator from Georgia., doula v n'y
much that' in the Goverfanent eri .ce
'there is any' hying hunam beirt Ito
could answer that questini offha
Mr, Pcniqr?AS. Does. the 4 ma,or
from Georgia think there is any co net it-
ing machine which could add ip he
total?
Mr. RUSSELL. ,Some_ rema Ica )le
electronic computing =chines have
been develeped in the past few yi art.
Mr. DOUGLAS. Does the S ?na or
from. Georgia think it would be nee tsst, ry
to use an electronic compu ing am ch no
In. order to arrive at the answer .ct ny
question?
Mr. RUSSELL. Of cow me. figt ees in
regard to some of the other _-ececut eei:e-
partments have been avail Lble. C n y-
self am moi e familiar with the D pa t-
ment of Defense than I ate with so ae
of the otner departments nd
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CONGRESSIONAL RECORD ? SENATE July 20
Mr. CARLSON. Mr. President, in
connection with that point will the Sen-
ator from Georgia yield to me?
Mr. RUSSELL. I yield.
Mr. CARLSON. The Senator from
Illinois is an eminent statistician and
economist; but I do not want him to
state on the floor of the Senate that this
amendment to the committee amend-
ment will save hundreds of millions of
dollars.
Mr. DOUGLAS. I said millions of
dollars.
Mr. CARLSON. The fact is that the
committee amendment provides for an
increase from a maximum of $15,000 to
a maximum of $19,000.
Mr. DOUGLAS. But when additional
positions are created and when men al-
ready in the Government service are
moved into the new positions, it is neces-
sary for others to occupy the positions
the men promoted have vacated.
Mr. CARLSON. At any rate, the Sen-
ator from Georgia has stated the num-
ber; and I point out that the difference
is the difference between $15,000 and
$19,000.
Mr. RUSSELL. Mr. President, I ap-
preciate the statement of the Senator
from Kansas. In some instances, I think
the difference might be somewhat
greater.
Mr. President, I make no claim that
the saving this amendment to the com-
mittee amendment will effectuate will
pay off the public debt or result in some
other great accomplishment; the sav-
ing will be a rather modest one. How-
ever, I was brought up in a rather Spar-
tan household, and it seems that I waste
a great deal of time in the Senate in
trying to save a few dollars here or a
million dollars there. In view of the
tremendous. Government operations
which now are going on, the saving which
will result from this amendment to the
committee amendment will be almost
infinitesimal. However, when I see that
I can save a few dollars for the national
Treasury, my instinct tells me I should
do what I can to do so.
Mr. DOUGLAS. Mr. President, will
the Senator from Georgia yield further
tome?
- Mr. RUSSELL. I yield.
Mr. DOUGLAS. Perhaps the adding
machine the Senator from Georgia has
at his disposal will not permit hun to
state the total number of Deputy and
Assistant Secretaries for the entire Gov-
ernment; but can he state the number
for the Department of Defense?
Mr. RUSSELL. I cannot answer that
question. I know that during World
War II there was a total, I believe, of 8
Secretaries and Assistant Secretaries in
the various defense agencies; and in
January 1953, when the present admin-
istration came into power, there were 17
Secretaries and Asssitant Secretaries in
the Department of Defense; and as of
today there are 30. A bill which has
been passed by the House of Represent-
atives, and on yesterday was in the Sen-
ate Armed Services Committee?where
It was tabled?would have created three
additional Secretaries.
Of course, I am sure it is only coin-
cidental; but I was interested to observe
that in testimony given before the Con-
gress some 2 years ago, the Secretary of
Defense testified there were 33 vice presi-
dents of General Motors Corp.; and it
the committee had reported the bill to
which I have just referred, and if the
bill had been passed, there would have
been 33 Secretaries and Assistant Secre-
taries of the Defense Department.
Mr. DOUGLAS. Does the Senator
from Georgia remember what the late
Fred Allen had to say about the numer-
ous vice presidents of broadcasting com-
panies? The remarks were very caustic,
and well deserved. / think Mr. Allen
would have equal fun, with the number
of these deputies, assistants, and so forth.
Mr. RUSSELL. I am afraid that I am
not familiar wita that particular histori-
cal incident.
Mr. President. I ask that the question
be put on the adoption of my amend-
ment, which proposes a substitute for
title V of the committee amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Georgia [Mr.
RUSSELL] to the committee amendment.
The amendment to the amendment
was agreed to.
Mr. JOHNSTON of South Carolina.
Mr. President, to the committee amend-
ment, I submit the amendment which I
send to the desk and ask to have stated.
The PRESLaING OriviCER (Mr.
GORE in the chair). The amendment to
the committee amendment will be stated.
The Curre CLERK. In the committee
amendment on page 28, between lines 19
and 20, it is proposed to insert the fol-
lowing:
SEC'. 110. (a) The Surgeon General of the
Public Health Service shall receive such com-
pensation, in aduition to his pay and allow-
ances under the Career Compensation Act of
1949, as amended, as will make his compen-
sation equal to $20,000 per annum, in addi-
tion to such allowances.
(b) The Deputy Surgeon General of the
Public Health Service shall receive such com-
pensation, in addition to his pay and allow-
ances under the Career Cornpensation Act
of 1949, as amended, as will make his com-
pensation equal to $19,000 per annum, in
addition to such allowances.
(c) The Director, National Institutes of
Health, the Chief :Bureau or Medical Services,
and the Chief. Dureau of State Services, of
the Public Health Service, shall each receive
such compensation, In addition to his pay
and allowances under the Career Compensa-
tion Act of 1949. as amended, as will make
his compensatiou equal to $17,500 per an-
num, in addition to such allowances.
Renumber succeeding sections.
Mr. JOHNSTON of South Carolina.
Mr. President, the purpose of the amend-
ment is to adjust the rate of compensa-
tion of five top doctors who are respon-
sible for administration of the United
States Public Health Service.
The committee unanimously agreed
to adjust the rate of compensation of
the top position; that is, the position of
the Surgeon General of the United
States. After this action had been
taken, certain t,echnical problems which
developed made it necessary to leave the
position out of the bill as it was reported.
These technical problems have now been
resolved, and It has been determined
that, in addition to adjusting the pay of
the Surgeon General, as a matter of
equity the rate of pay of four additional
positions should be adjusted. The mat-
ter has, been discussed with members of
the Committee, and meets with approval
of the members of the committee.
When we were discussing the matter in
the committee, at one time we thought
that perhaps the ones in these positiona
might continue to receive the salaries
attaching to their ranks in the military
services?for instance, the salary of
brigadier general, and so forth. For
that reason, we thought that perhaps we
should not interfere with the existing
arrangements. However, we have found
that that is not true. For that reason,
we believe the salaries should be ad-
justed in the way proposed.
Mr. CARLSON. Mr. President, will
the Se:aator from South Carolina yield?
Mr. JOHNSTON of South Carolina.
I yield,
Mr. CARLSON. If I correctly under-
stand the amendment, I think it will in-
crease the salary of the Surgeon Gen-
eral of the United States and 3 or 4
other positions in the Department of
Health, Education, and Welfare.
Mr. JOHNSTON of South Carolina.
That is true.
Mr. CARLSON. I think the RECORD
should show that in the case of the Sur-
geon General, who is a member of the
military forces of the United States, and
who draws a certain salary as a member
of the United States Army, even though
he will receive the increased salary pro-
posed by the amendment, his salary will
revert to his previous salary when he
leaves his present position.
Mr. JOHNSTON of South Carolina.
Yes.
The PRESIDING OreaCER. The
question is on agreeing to the amend-
ment of the Senator from South Carolina
[Mr. JOHNSTON] to the committee
amendment.
The amendment to the amendment
was agreed to.
Mr. RUSSELL. Mr. President, I desire
to address a question to the Senator from
South Carolina. On page 35 of the com-
mittee report, I notice it is stated that
a change is made in the status of a num-
ber of legal officers of the Government,
including that for the Department of
Agriculture, that for the Department of
the Army, that, for the Department of the
Navy, and that for the Department of
the Air Force. Will the Senator tell us
briefly why that change was made, and
the effect of it?
Mr. JOHNSTON of South Carolina.
In general terms, we made a study of
the subject, the subcommittee and the
staff working together, and we came to
the conclusion that the salaries for the
officials referred to should be increased
in the amounts indicated. The commit-
tee was unanimous.
Mr. RUSSELL. Is there anything to
prevent the creation of two higher posi-
tions when this provision is enacted?
Can the gradel at present occupied by the
General Counsel a the Department of
the Army be filled by another appoint-
Ment?
Mr. JOHNSTON of South Carolina.
NO; it cannot.
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195CCONGRESSI6N Ai - SENATE
,
The piinsityilvti? drricplin. The
question l on agreeing to the amend-
ment offered by the Senator from Ken-
tiickY for himself and the Senitkir from
New Hanifishire [Mr. nathsEg] to the
bointnittee amendment.
The amendment to the amendment
was agreed to.
Mr. CLEMENTS. Mr. President, I
offer the ainendment which I send to the
desk and 'ask to have stated:
The PRESIDING -OFFICER. The
amendment offered by the Senator from
Kentucky Will be Stated.
The CHiEF CLERK. On page 52, lines
18 and 19, in the committee amendment,
It is proposed to strike out "attains the
age of 55 years and."
The PRESIDING OFIFIChlt. The
question IS on agreeing to the amend-
ment offered by The Senator from Ken-
tucky to the committee amendment.
Mr. KNOWLAND. Mr. President, may
we have an explanation of the amend-
ment?
Mr. CLEMENTS. Mk. President, this
is similar to the amendment adopted by
the Senate' in connection vath a Previous
bill. This'amendment Would Permit re-
tirement after 30 years' service, but the
retirement allowance would be adjusted
downward; depending Upon the 'age of
the person so retired.
Mr. CARLSON': Mr. President, I have
discussed This amendment with the sen-
ior Senatok from kentuCky. While I op-
posed a similar Mmendinent Which was
previously' before. the Senate, -the Sen-
ate voted tb include it inthe bill. There-
fore I think we Should take it to con-
ference. V
Mr. JORNSTCiN of South -Carolina.
Mr. President, I was on the floor when
a similar amendment Was agreed to on
a previous occasion, and I favored the
amendment. The only 'reason e did not
keep it in ,the bill was that we thought
perhaps it would be more likely to meet
the approval of the House if it were not
in the bill, We Shall be glad tb take the
amendment to Conference.
Mr. CLEMENTS. Let me aay to thy
friend, the chairinan a the committee
on Post Oilice and Civft Serviee, and to
the ranking minority Member [Mr.
darmsox], that t am delightea to have
them take the atheridment to cOnference.
However, $;then they go to conference I
hope they will gyve consideration' to the
fact that this question. has been preVi-
ously voted upon by the Senate, which
expressed-itself by a vdte of to 36 in
'favor of the aniendmeht I hone they
Will take thatfact into corieideration
when they are discussing this -subject in
conference.
The PPESID'ING 'orneErt. The
question is on agreeing lo the ainendment
offered b the Senator from -Kentucky
CLEMENTS ) to the Committee
'amendment.
The athendment to the amendment
was agreed. to.
Mr. DOVGLAS. Mr. President, may I
Inquire whether the Senator froth South
Carolina will yield to me for ponie fur-
ther questions.
Mr. 30PfNSTON of South Carolina._ I
yiela to tie senator
Mr. DOUGLAS. Do I correclly under-
stand that on the White House-staff there
Mr. RUSSELL. The Senator is con-
fident of that?
Mr. JOHNSTON of South Carolina. X
ani Confident of that; That question was
raised, and we were told that? it could
not
be Si
EL The: Senatbr is confi-
dent .thatit,Stfiatl'la. nguai6 applies only to
the offices of these incilviduals,aonddoes
not increase the ,total. number
f posi-
tions
in these departments?
Mr.. JOHNSTON of South Carolina.
That is entirely correct.
Mr. RUSSELL. Can the Senator tell
us how many positions in the so-called
super grades?I6, 17, and 18?are created
by this bill?
Mr. JOHNSTON of South Carolina. I
should say not more than a dozen:
Mr. RUSSELL. X notice On page 36
that when we increase the grade of
Deputy Administrators of the Agricul-
tural Research Service to grade GS-18,
we say that "Such positions shall be in
addition to the number of positions au-
thorized to be placed in such gfacle by
section 305 (b) of such act." Does that
mean that the grades now Occubied by
those positions, which are either 16 or
17, can be filled by new appointments?
Ur. JOF/NSToN of: south Carolina.
No; they cannot.
Ur. RUSSELL. That relates only to
the three new deputies'?
Mr. JOHNSTON of South Carolina.
There are no new grades.
Mr. RUSSELL. On page 60 I find an
interesting statement, with which I have
no violent disagreemerit, but twas rather
curious as to its signicanc?I refer to
section 406, in the retirement provisions
of the bill, I believe. That section reads
as follows:
Eisc. 406. It is the policy of the tongress
that whenever in the fut;ure any generarad-
justment is made in the salaries of dovern-
ment employees, corresponding adjustments
should be made in the annuities of retired
employees.
? Was that provision in the retirement
bill as it passed the Senate?
Mr. JOHNSTON of South Carolina.
It was in the retirement bill. That is a
statement of policy.
Mr. RTJSall... I feel somewhat
bound by our action in supporting the
retirement bill,
X thank the Senator from South
Carolina for the consideration he has
shown me.
Mr. CLEMENTS. fvfr. President, on
behalf of the senior Senator from New
Hampshire [Mr. BaincEsl and myself, I
offer the amendment which I sena to
the desk and ask to have stated.
The PRESIDING OFFICER. The
amendment offered by the Senator
from Kentucky will be stated.
The CHIEF CLERK. Heginning with line
19 on page 30, in the Committee amend-
ment, it is proposed to strike'out dovin to
and including line 4 on page 33.
page 33, line 5, it is proposed to
strike out "Sec, 121" and insert "Sec.
119."
Mr. CLEMENTS. Mr. President, 'it is
the belief o2,the,sponsers of this amend-
&Lent that the, matiCii covered in these
two sections of thebill should be 'Con-
sidered in the legislative bill, and for that
reason we offer the amendment.
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It13
are now 12 adninistrative assista its to
the President?
Mr. JOHNSTON of South Ca- olina.
The Senatoi is-correct. -
Mr. DOUGLAS. Does the S na1 or
from South Carolina rentember it at
when the executive staff of i he Pre ;WE at
was first established under he ad1nn,s-
tration of Franklin D. Roose yen, 7 :,ssi t-
ants were provided for, at a salt ry of
only $10,000.
Mr. JOHNSTON of South Carol aa. I
believe that is correct. - '
Mr. DOUGLAS. Does he S na or
from South Carolina remembe the
heated objections from the other t de of
the aisle at that time to the cr,ation
of that number of position of tut linis-
trative a,Ssistant in the ffice of the
President?
Mr. JOHNSTON of South Carolina.
There was some discussion
Mr. DOUGLAS. There v as quite int-
ter discussion, was there net?
Mr. JOHNSTON of Sot th Ca. ?lila.
That is true.
Mr. DOUGLAS. Now the e are 1 and
the administration wants 'z more or a
total of 15.
Mr. JOHNSTON of South Cal olina.
That is true
Mr. DOUGLAS. So there will be tw ce
RS many assistants as Pres,dent oo:,e-
velt had, at gfeatly increased sa aries;
is that not true?
Mr. JOfiN6T1)N of Soutl- Cara run I
agree With the Senator from Thin' ds.
Mr. DOUGLAS. I am a:so int igued
by the fact that two of the ier,v poi itic hs
which are to be created are two "[ entity
Allistants to the Deputy Assista] kt" to
the President.
Mr. JOITIqSTON of South Ca, ohne.
That is true. The same- hough t v as
running through my mind
Mr. DOUGL-AS. I,n oth r won :s, se
have not only Deputy Uncli r seen Lanes
and Deputies to Deputies to As ista at
Secretaries,, but we have D ,puty ,,ssi t-
ants to thg,Deeuty Assistants to t"lie ..as-
sistant Secretaries. Woilla the St na-or
say that this was a governril ent by dei u-
tation?
Mr. JOHNSTON Of $01-th Ca oh, la.
We do not, wish to critic*, anyo ie or
not being on the job all th time c no
must have Assistants when he is absent.
- Mr. DOUGLAS. May I a a if t is iiot
the function of the Deputy Assisit tots to
the President, the Assisi ints to I he
President, and the Deputy Assist nts to
the Deputy Assistant to rid s herd in i he
various Government depa tment , and
therefore ride herd on the Deput s--e-
retaries and Assistant Frei retarit3., he
Deputies to the Deputy Se -retari. s,
Deputies to the Under Sec retarie sad
the Deputies to the Assist nt Se( retar-
ies? Is not that their fun 'ton?
Mr. JOHNSTON of South Ca oil ia.
The Senator is correct.
Mr. DOUGLAS. To see that ti er( is
proper coordination betwei n the lsseit,
ants and the Deputies to tl le Assi
Mr. JOHNSTON of South Ca oh
That is-true.
Mr. DOUGLAS. Does ti- e Sena or re-
member the debate in col nectlfi ith
the WPA, When the 12(7PA: propo.s d
nearly Wrecked when somet ne disc ove,ed
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12464 CONGRESSIONAL RECORD ? SENATE July 20
that there were supervisors of super-
visors?
Mr. JOHNSTON of South Carolina. I
remember that discussion.
Mr. D017GLAS. It nearly killed the
WPA.
Mr. JOHNSTON of South Carolina.
That is correct.
Mr. DOUGLAS. But here we have
Deputy Assistantants and Assistants
riding herd on Secretaries, Under Sec-
retaries, Deputy Secretaries, Assistant
Secretaries, Deputies to Under Secre-
taries, and Deputies to Assistant Sec-
retaries.
Is not that true?
Mr. JOHNSTON of South Carolina.
Yes.
Mr. DOUGLAS. Apparently their
work has become so onerous that it is
now necessary to create deputy assist-
ants to deputy assistants. Would the
Senator from South Carolina inform the
Senate whether there are deputy assist-
ants to the deputy ssistants to the
deputy assistants in the Office of the
President? In other words, do the dep-
uty assistants to the deputy assistants
have deputies who in turn act for them?
Mr. JOHNSTON of South Carolina. I
have not investigated that situation.
That might be so.
Mr. DOUGLAS. It might be an in-
teresting subject for investigation. Does
not the Senator from South Carolina be-
lieve that this business has gone to far?
Mr. JOHNSTON of South Carolina.
There is no doubt about that.
Mr. CASE of New Jersey. Mr. Presi-
dent, I call up my amendment.
The PRESIDING OFFICER. The
amendment will be stated.
The LEGISLATIVE Creeeic. In the com-
mittee amendment on page 28, after line
19, it is proposed to insert a new section,
as follows:
SEC. 112. (a) Except as provided in sub-
section (b) of this section, the compensa-
tion of the Commissioners of the District of
Columbia shall be at the rate of $17,500 each
per annum.
(b) The Engineer Commissioner, ap-
pointed from the Corps of Engineers, shall
receive an annual compensation which,
when added to any compensation he receives
as an officer of the United States Army, will
aqua./ the compensation authorized for a
Commissioner by subsection (a) of this sec-
tion.
Mr. CASE of New Jersey. The pend-
ing amendment is a very simple one. Its
purpose and effect is to raise the com-
pensation of the District of Columbia
Commissioners from their present sal-
ary of $14,620 to $17,500. There are
3 Commissioners-2 civilian Commis-
sioners and 1 engineer Commissioner. In
the case of the latter he would be paid
the difference between his Army com-
pensation and $17,500.
The amendment has been approved
unanimously by the members of the
Committee on the District of Columbia,
and I understand that the leadership on
both sides and the chairman of the Com-
mittee on Post Office and Civil Service
have no objection to it. -
Mr. JOHNSTON of South Carolina.
The salaries of the Commissioners were
not Included in the pending bill. How-
ever. I believe that the District of Co-
Tumble Comintsioners should receive
this increase to $17,500.
Mr. CASE of New Jersey. I believe the
increase could very equitably be much
higher, but I am zatisfied that at the
present time this is the best we can do.
Therefore ..?1 urge the adoption of the
amendment.
The PRESIDING_ OFICER (Mr. GORE
In the chair.) The question is on agree-
ing to the amendment offered by the
Senator from New Jersey [Mr. Cese] to
the committee amendment.
The amendment to the amendment
was agreed to.
Mr. JOHNSON of Texas. Mr. Presi-
dent, the chairman of the Committee on
Public Works asked me to have a bill re-
referred. I did not understand that his
request included the striking of certain
provisions from the pending bill. After
consultation with the Senator from South
Dakota [Mr. Ceae] and the Senator from
Tennessee [Mr. Gortal, I believe I should
offer an amenc ment to strike from the
pending bill the subject matter in the
bill which was rereferred; otherwise
there would be no use of rereferring the
bill, because the subject matter would
have been taken care of in the pend-
ing bill.
Therefore, Mr: President, I offer an
amendment to strike line 13 of page 24,
which reads "(38) Federal Highway Ad-
ministrator:" and to strike section 304
of the bill, beginning at line 23 on page
36, down to and including line 16 on
page 37.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment offered by the Senator from Texas
[Mr. Jonieson] to the committee amend-
ment.
The amendment to the amendment
was agreed to.
Mr. JOHNSON of Texas. I should now
like to ask a question of the distinguished
chairman of the committee. As I under-
stand, the amendment which has been
adopted by tho Senate will completely
take care of the situation complained of
by the Committee on Public Works. Is
that correct?
Mr. JOHNSTON of South Carolina. So
far as I know, it will take care of it.
Mr. JOHNSON of Texas. I am doing
this without any prejudice to what the
committee may 'do about it. It is a sub-
ject which that committee wishes to con-
sider. At the seine time I desire to make
it abundantly clear that I have no per-
sonal feeling in the matter. I am acting
on behalf of the chairman of the Com-
mittee. on Public Works. I appreciate
the attitude of my friend, the Senator
from. South Carolina.
Mr. JOHNSTON of South Carolina.
Mr. President, ( ask unanimous consent
that the sectioas of the bill be renum-
bered.
The PRESIDNG OFFICER. Without
objection, it is so ordered.
The bill is open to further amendment.
Mr. DIRKSE el. Mr. President, I offer
an amendment which I ask to have
stated.
The PRESIDING OE'FICER. The
amendment will be stated.
The CHIEF Cereic. In the committee
amendment on page 19, it is proposed to
strike out line 24, and to insert after
line 12 the following: "The Administra-
tor of Veterans' Affairs."
Mr. DIRKSEN. The purport of the
amendment is to provide for the tram-
position of the Administrator of Vet-
erans' Affairs from one section to an-
other, to put him in a slightly higher
class. Very properly he belongs along
with the Secretary of the Navy, the Sec-
retary of the Army, and the Secretary of
the Air Force. Such a provision was
carried in the Senate version of the bill
in 1955. However, in the pending bill he
is dropped into another category.
Mr. President, the amendment I have
offered would transfer the Veterans' Ad-
ministrator to a higher pay bracket. I
think the bill has been well constructed.
It is on the basis of responsibility, so,
certainly, the Administrator of Veterans'
Affairs should be included in the next
higher bracket.
He is in charge of the veterans' hos-
pitals with a caseload of more than
113,000 bed patients. At last report
there were 181,287 civilian employees on
the rolls of the Veterans' Administration.
When it comes to money that agency is
the fourth largest, because the appro-
priation for it is in excess of $4 billion.
The veterans and dependents on the rolls
today number more than 31/2 million.
Veterans' Administrator is looking after
25,000 vocational cases. The Adminis-
trator is administering a program which
includes 784,000 GI's for benefits under
the GI bill.. He is also administering a
loan program involving 4,480,000 loans
with an aggregate total- of $33 billion.
In addition to all this, there are in force
at least 5,600,000 national life insurance
policies and some 400,000 World War II
insurance policies. It is a tremendous
operation, and I believe, on the basis of
size and responsibility, the Administra-
tor should be moved into the next highest
bracket and should be given that addi-
tional prestige and recognition.
Mr. JOHNSTON of South Carolina.
Mr. President, will the Senator from
Illinois yield?
Mr. DIRKSEN. I yield.
Mr. JOHNSTON of South Carolina.
The subcommittee gave a great deal of
study to this question. They felt that
the Administrator should not be placed
on a higher list, but should be held to
the $21.,000 salary. I think all the mem-
bers of the committee were unanimous
in that belief. It gets the bill out of gear,
so to speak, if we place the Administra-
tor in a higher bracket and leave the
Commissioner of Internal Revenue, and
other officials of that class, where they
are. So, we classed them all together,
which we thought was correct.
I hope the Senate will see fit to reject
the amendment.
The PRESIDING OrriCER. The
question is on agreeing to the amend-
ment offered by the Senator from Illi-
nois [Mr. Dimmer] to the committee
amendment.
The amendment to the amendment
was rejected.
Mr. BRIDGES. Mr. President, I send
to the desk an amendment and ask that
It be stated.
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CONGRESSIONAL RECORD ? SENATE
The PRESIDING OtriCER. , The
amendment offered by the Senator from
New Hampshire to the committee
amendment will be stated.
The CHIEF CLERK. In the cornOtee
amendment it is proposed, on page 26,
after line 11, to insert the following new
section (3) under seetion 106 (b) : "As-
sistant to the Director of the Federal
Bureau of Investigation."
Mr. BRIDGES, Mr. President, we
have a Director of the Federal Bureau
of Investigation and an Associate Di-
rector. Then we have ASsistant to the
Director. My amendment applies to
?the Assistant to the Director, whose work
Is done very competently., The person
occupying this Post" is an outstanding
? individual with? whom, I thInk Metribers
of Congress have come in contact with
and of whom they have a very high
Opinion. I certainly' think 'he is one of
the most capable officials in Government.
I think that, by and large, the com-
mittee has done an , excellent joh, and
wish to commend the distinguished
chairman of the cpunittee and the
Members of the committee for their ex-
cellent work, and I certainly would not
offer this amendment if this were not
an Unusual situation. I think this ,is an
unusual situation, because of the re-
sponSibilitY of the job, because of the
high type of man who holds the job, and
?
because of the respcct in which he is
held by committees of the Congress of
the 'United States come in contact with
him.
I? hope my amendment will be ac-
? cepted.
? _
The PRESIDING CorOCER. The
question is on agreeing to the amend-
ment offered by the Senator from New
Hampshire [Mr. Bataoss) ,to the com-
mittee amendment.
? Mr. JOHNSTON of South Carolina.
Mr. President, this is another amend-
ment which might get the bill out of
gear. The position is not even in the
executive pay bill; it comes under the
Classification Act. He would be in grade
? 18. He is receiving a promotion from
614,800 to $16,000. There are many per-
sons who hold positions of the same type
In the Government. If we place this
man in a higher position the Others
? should be placed in higher Positions. So,
much as .I like this man and the ,work
he is doing, I do not think, personally,
I could agree to the amendment.
? The rnEsiDiNo cotcut, , The
. question is on agreeing to the amend-
ment of the Senator from New HaMP-
shire [Mr. 3Uraor.sl to the committee
amendment.
' The amendment to the amendment
was rejected.
Mr. BRIDGES. Mr. President, I sub-
mit another amendment which I ask to
? have read,
The PRESIDINCV CER. The
? amendment offered lay the pepatoi from
IsTeW Ileinpshire to the committee
anlendinerit will be-stated.
the coMthit-
'.kge, an* eilt on pager28 line 11, it is ,
proposed o Strike out "-seven" and in-
sert In Tien thereof deight."
No. 124-9
t 4
On page 28, line 18, it is proposed to
strike out "three" and insert in lieu
thereof atwo."
Mr. BAIll)G&. In effect, the amend-
Ment woild create one more assistant on
the White House staff at a higher rate,
in lieu of one at a lower rate.'
The pUrpose'bf the' amendment is to
place the salary of the Secretary to the
Cabinet at a Ithher rate level than he
now has. The Cabinet' is composed of the
closest associates of the President in the
executive branch of the Government,
and the 'Secretary to the Cabinet car-
ries on his shorlders .g4reat responsibil-
ities. Ile is the chief liaison: officer be-
tween the Preaident and the Cabinet.
His position is as linPortant a position
as there 'is on the general White House
level. This official is responsible for the
preparation of' the Cabinet agenda and
to deterinine those items to be rec-
ominended to the President for Cabinet
discussion.
I think the position is filled competent-
ly today by a man of outstanding ability.
I hope the amendment will be agreed
to.
Mr. JOHNSTON of South Carolina.
Mr. President, I am sorry that I cannot
agree to accept the amendment. The
corrimittee has already advanced the
rate of pay of three Positions at $17,500
in the President's office. I feel that that
Is sufficient at this time. Under the cir-
cumstances, I ask the Senate to reject
the amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from New Hamp-
shire [Mr. BRIDGES] to the committee
amendment.
The amendment to the amendment
wag rejected.
Mr. JOHNSON of Texas. Mr. Presi-
dent, if no other Senator desires to offer
an amendrnent to the bill, I shall sug-
gest the absence of a quorum, because
the Senator from Oregon [Mr. Maass]
wishes to offer one final amendment be-
fore the bill shall be passed.
Mr. MONRONEY. Mr. President, be-
fore the Senator from Texas suggests
the absence of a quorum, I should like
to propound a question to the chairman
of the committee.
The retirement features which are
included in the committee amendment
Include the same rate of contribution for
the retirement of Members of Congress
as did the retirement bill which passed
earlier with the Williams amendment,
do they not?
Mr. JOHNSTON of South Carolina.
They are the same.
Mr. MONRONEY. I wanted to be
certain that there had been no inad-
vertent change.
Mr. JOHNSTON of South Carolina.
They remain the same.
JOHNSON of Texas. _Mr. Presi-
dent. I anggest,the absence or a quorum.
The PRESIDING , OFFICER. The
clerk will call the roll,
The legislatiye clerlf proceeded to call
the roll.
Mr. jbl'INSON of exas. Mr. Presi-
dent, I asi unanimous consent that the
order for. the quoruni call he rescinded.
t
12l6
The P thn,ra 0 ICER. 'With-
out 'objeafion It is so orde:, ed.
Mr. jOTIR8ON of Texl s. MrP es! ??
dent, I ugdested the - thsend cf
quorum so that my Merl I. the " itcr-
froth Oreion; could coni to tl e ioe
to offer an amendment- he O,;! *re.'
offer befora the Senate' to )1t. ffni a -io ?
on the hilt As soon as a -tion
'taken oh the amendrnerii and 1 her) o
the bill, it will be my pdpose i inov
that the Penate proceecr-o the' coy sid-
eration of the mutual gi coritj ap nic
priation'hill, 'on which V iere ll e
limitation: of the time f of debati
The Senate will remain in sess on late
this evening in the hob& that si me ac
tion can be had on at least se's anti
amendthents to the bill.
,
?
Mr. MORSE. Mr. Pre iident, I ,iTcr
an amendment which i ask 1 x.cti
stated.
The PplEBIDING O FICE. Th-
amendment offered by th( Senat r I -or
Oregon to the committt 2 ame lett Len
-
will be stated.
? Th.e CRIER CLERK. In he col Ara ttef=
amendment on page 33, it is prir,osfi 1-)
strike out lines 5 and 6 an I inser in lie--i
thereof the following:
SEC. 121. (a) Except as I rovided in th 4
section, this title shall take effect Es 0, th"
first day of the first pay per id whir h begat
after December 31, 1955.
(b) Retroactive compens Lfion a 1St -F
shall be paid by reason of his act on v 1
the case of an individual in the servi e o U.,
United States (including service in the
Armed Fortes of the Unitec States or the
? municipal government of ;he Di. Inc
Columbia on the date of erictmen of th
? act, except that such retrs active 'car)er -
sation or salary shall be paid (1) to .? n o.eice r
or employee who retired di ring
beginning on the first day if the :no pa
period which began after Dezember 31, 19t,
and ending on. the date of el actmex r, of th.3
? act for services rendered dui mg au( t to, rio
and (2) in accordance with ihe pro'. ,sio is r
the act of August 3, 1950 (Public Alia 63,t,
81st Cong.), as amended, f r serv. 'es re:
dered during the period brxinning or the
first day. of the first pay per OCI why Ii begao
after January 51, 1955, and endinl or the
date of enactment of this i et by i ci c,ficte
or employee Who dies dun i in; suel pe
For the purposes of this su 'seethe se
in the Arnicel forces of the 1 ailed E ;
the case of an individual reli ved Ire at an -
? ing and service lathe Armed Forcts o the
United. Stales or discharged from ? T,splta
tzation following such traitong ant set vie -.
shall include the period pro .ided ts law D
the mandat my restoration en such ix div slut 1
to a positicn in or under tke Fede al .103-
enunent or the municipal gc iertune it ol the
District of Columbia.
(c) For the purpose of ,,,eterrol, ,ing the
amount of insurance for vhich n aid-
vidual is Eligible under V e Fede
ployees' Group Life Insurarce Act of 195,1,
all changes in rates of compe isation ir a dai v
which result from the enactt tent of his tit e
shall be held and considerers to he adept], ri
as of the first day of the ir-,t pa p tic
? whin begin On or after r.e date of euch
enactment.
14X- &.orielg- Kr- ir
senee.timannndrnent lorg fides r -
active pas for 6 months in ite
attention or the SeriatZ1, frbii 8 artl,
Carolina3he _able chairm in Of C- te on -
miqee, while I ask him a t :.iesti(,i or twe..
I 11
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12466 CONGRESSIONAL RECORD ? SENATE
The amendment has teen very care-
fully prepared by the legislative coun-
sel. It is an amendment, which has
been considered from the standpoint of
all the technical problems which I hap-
pen to know were discussed in committee
in regard to retroactivity. It is an
amendment which I think is just and
equitable.
I should like to ask the chairman of
the committee a question or two about
the history of the bill. Am I correct in
my understanding that the subject mat-
ter of the bill is the same as the subject
matter of the bill which was sought to
be passed on the floor of the Senate in
the closing hours of the last session of
Congress?
Mr. JOHNSTON of South Carolina.
It is.
Mr. MORSE. Is it not true that at
that time there were many Senators who
wanted the bill passed? It had been
passed a matter of an hour or two pre-
viously by the House of Representatives
on the closing night of the session, and
strong representations had been made
to the Senate by the House leadership
for passage of the bill by the Senate that
night. Is not that correct?
Mr. JOHNSTON of South Carolina.
That is true. The committee, if the
Senator from Oregon will recall, quickly
held a session and reported the House
bill, with a few minor amendments' but
the Senate committee did not have time
to hold any hearings or to make a formal
report.
Mr. MORSE. The Senator will recall
there were a considerable number of ob-
jections expressed on the floor of the
Senate?and the CONGRESSIONM. RECORD
will show them?by colleagues of mine,
because of the fact that the Senator
from South Carolina, as committee
chairman, when asked a question about
It, very frankly told us that his com-
mittee had not had time to conduct hear-
ings on the bill.
Mr. JOHNSTON of South Carolina.
That is true.
Mr. MORSE. The Senator will recall
that I held the floor that night in oppo-
sition to the bill, because I felt, as did a
considerable number of my colleagues,
who expressed themselves in the RECORD
at that time, that the bill should be sub-
jected to hearings, because of its com-
plexities which were perfectly clear to us
as we came to examine the bill on the
floor of the Senate. At that time I said
I felt we ought to be perfectly fair to the
employees, and when the bill was brought
up in the next session of Congress and
hearings were held?and we hoped it
would be disposed of very early in the
next session of Congress?I would urge
that the increased pay should be made
retroactive. Does the Senator recall
that?
Mr. JOHNSTON of South Carolina.
I recall the Senator's making a state-
ment similar to that.
Mr. MORSE. Mr. President, I make
this statement about the history of the
bill because I believe the employees are
entitled to the equity 1 am pleading for
this afternoon, for if in the closing hours
of the session there had not been ob-
jection to the bill providing increased
pay for employess would have been
passed. But the bill came to the floor of
the Senate without any committee hear-
ings having been held on it, I think with-
in the last 4 or 5 hours of the closing day
of the last session of the Congress and
objection was raised. The Senator agrees
with me on that; does he not/
Mr. JOHNSTON of South Carolina.
I agree with the Senator in his state-
ment.
Mr. MORSE. I assume that, although
there have been some changes made in
the bill which was submitted on the last
day of the last session, the general
framework of the bill remains pretty
much the same. Is that correct?
Mr. JOHNSTON of South Carolina.
I would say in most instances it is the
same.
Mr. MORSE. One of the last efforts
of the last evening of the last session
was to get the executive pay bill passed,
but some of us felt that, in accordance
with proper parliamentary procedure in
the Senate of the United States, a bill
of such magnitude ought to be subjected
to hearings. How right we were, be-
cause when Congress reconvened, at its
next session, the bill came before the
committee headed by the able Senator
from South Carolina; here we are in
the closing days of the present session,
and we find the bill before us, but now
having had extensive and prolonged
hearings. We were quite right that night
when we said the executive pay bill
should not be passed without hearings,
as the very record made by the com-
mittee demonstrates. The group who
objected to the nay hill that night
thought it would be exceedingly unwise
to pass it under the conditions prevail-.
ing at the time its consideration was
proposed.
I think we were right in another mat-
ter, Mr. President, when, in our plea for
time to have hearings at the beginning
of the next session of Congress, we made
the statement that we thought, in fair-
ness to the employees, we ought to sup-
port the principle of retroactivity when
the bill was ultimately considered. One
of the argumentemade on the floor of the
Senate, as the RECORD will show, was
that if we stopped the bill that night
we would do an injustice to employees of
the Executive Departments who would
otherwise have obtained an increase in
salary unless the pay increases were
made retroactive. That statement is
true today. So we should make certain
that injustice is not done by providing
retroactivity.
I have gone into this matter with coun-
sel, and I am advised the amendment I
have submitted is a sound amendment
from the standpoint of the legal prob-
lems involved. I submit it is a sound
amendment so far as the equities are
concerned; and I think, in justice to the
employees, in view of the record we as
the Senate ourselves have made on this
matter, we owe it to them.
I was always of the opinion that in
the last session of Congress it was un-
fortunate that the administration did
not attempt to obtain action on the bill
early enough in the session so our com-
mittee could have held hearings. Our
able chairman, as I recall it very dis-
july 20
tinctly?and I am willing to let the rec-
ord speak for itself?said, on that last
night of the session, that the bill had not
been brought before the committee in
time to have hearings on it. I recall
saying that, of course the responsibility
for that was the administration's. But
now the responsibility is ours to do
justice for these employeeS.
Mr. President, I am asking for six
months of retroactivity. I think it is
only fair and proper. I am submitting
my amendment on two grounds.
First, the bill should have been in
shape, based on hearings, so that it could
have been passed at the session of Con-
gress. I think the employees concerned
have been done an injustice because of
delay by the Senate, the delay having
been caused in the first instance, in my
opinion, by the failure of the administra-
tion to get the bill to Congress in time for
It to have due consideration. But that is
over the darn. Now we have a problem
in connection with a bill on which there
have been adequate hearings. It is a
good bill in most particulars, as I under-
stand, although I have not had the time
to make as careful a study of it as I
should like. But the committee seems to
be pretty much in agreement that it is a
fair bill.
Therefore, in the second place, we
ought to take care of the retroactive
equities, which I think these employees
deserve. The retroactivity does not go
back far?only 6 months. It goes back
to December 31, 1955.
I submit the amendment on the basis
of its obvious justice and fairness to these
employees.
Mr. MONRONEY. Mr. President, I
am forced to oppose the amendment of
the distinguished senior Senator from
Oregon, principally on the ground that
the best way I know to kill the bill before
the Senate in the closing hours of the
session and the increases the bill provides
foe the Cabinet members, under secre-
taries, secretaries, and other high execu-
tives of this great Nation of ours, would
be to burden the bill with retroactivity.
I know we legislate for groups and not
for persons, but I do not believe that the
chances for the House's approval and the
signature of the President would be en-
hanced by providing a $12,500 bonus for
persons in high salary brackets who are
not severely in need.
It was the fault of the administration,
I assure my distinguished colleague, that
last year the bill came before the Con-
gress in the closing days of the session.
The committee had been asking for a bill
to be submitted. Again, the Congress
could have considered the bill in January,
had the administration been ready to
send a bill for the appropriate committee
to consider.
Frankly, I do not like retroactivity.
Once we start making salary increases
retroactive, where are we to draw the
cutoff line? Consider persons who re-
ceive the meager sum of $60 a month in
social security benefits. Bills affecting
such persons sometimes are pending for
2 or 3 years. Yet the only practical
way to enact such legislation is to base
the beginning of the benefits on the pas-
sage of the bill.
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1956 CONGRESSIONAL RECORD ? SENATE
,
analysis had been made of tt e _relation- Ur. E'4,37"OR.E. Is itaot a fact that
ship between poi= of thew positions. if the 2ll of last year had been ens ate d.
Because of the failure to make such an it would not.have done _as muca eaun v
analysis, much hard work hag to be done as will be done by the binding bil . be-
by ow very diligent and alert staff. We cause thepencling bill is a great ; np ov a
devoted hows.,and hours of opnsidera- inept over last year's I ill: aid .vhan
tion to the matter, and we judged each Many of the persons af ected ;xamille
group in relation to the others, so that the pending bill, they aill think God
no inequity vat:AIM be done ,to any in- that the Congress did no pass t etlaa;
dividual, or apy group of individuals bill.
within the categories specified in the bill. Mr. MORSE. Does th ; Sena or :rom.
All thaChas been done. . Oklahoma agree with that op"; -ioi ?
I am afraid that a now we deal with Mr. MONRONEY. 1 Oa.
the feature the Senator from Oregon Mr. MORSE. Does th Sena or fro a
Mr. MORSE] has raised, and which we South Carolina, the ch rman oi the
have fully discussed, much as I apPre- committee, agree with ti at opb dui ?
ciate the noble motive of my friend, the Mr. JOHNSTON of S. iuth antLinit.
Senator from Oregon, I am afraid we I do. After the studies w ae ma ie. ,on'
would be doing an impractical thing; improvements have be n ma te, al a
and, rather than help. I am afraid it some of the jobs have be ri moi id ro
might jeopardize the chances of having one class to another.
the bill signed bY the President, Mr. MORSE. I belica e thei I, ito
Mr. KNOWLAND. Mr. President, will doubt?and I do not thir s any VIe Qber
the Senator from Oklahoma yield to me? of the Senate can deny- -that f I he ,1
Mr. MONRQNEY. I yield. not held the floor for sev- ral ho irs du) -
Mr. KNOWIiAND. I rise, to support ing the last night of the last ac isla a a
the position of the committee in not in- Congress, so as to block i assare of tht r,
chiding retroactive features in the bill, bill, it would have beet pass( d iher',
I certainly hope the amendment of the even though hearings haa not la en nei
Senator from Oregon will be rejected. on it.
I think it would be an unsound Practice Therefore, I find myse f in ti is Jos -
to make the bill retroactive; I think tion: At that time I al o said ti' it L
there is no necessity for doing so. In would make a fight fo) retro ich
IDS opinion, the Congress is being equi- after hearings had been Leld, b-cause r
table and reasonably generous by means thought the employees a ire en itk 1 to
of the provisions of the bill .as reported retroactivity. At that tLe I id
and as amended up to this time on the I thought we should not I' ttempt to oft a
floor.
Only once hive we deviated from that
course and provided retroactivity. I
supported such action becanse' twice we
saw the President itf the insistence of the
Postmaster General :veto the overwhelm-
? ing action of betl ,
i Mimes in giving the
poorly Paid Postal wOrkers Increased pay.
? If the President vetoed the action of both
Houses, not once, but twice, in the case
Of a 'bill which pro.vicled increases for
men making between ,$2,506 and $3,000 a
year?persona who were in desperate
need of an increaSe to pay grocery bills
and rent?what would happen to the
pending bill?
In this ease we are dealing with retro-
activity for distinguished executives of
our Government, inelucliiag such persons
as Charles Wilson, formerly the presi-
dent of General Meters Corp. We are
also dealing with the pay of Secretary
Weeks, another millionaire, the Secre-
tary of Commerce. We are dealing with
the pay of many other men who accepted
their present Government , positions at
personal sacrifice to, themselves. I must
say.
However, when we try to hew to the
line of retroactivity When we deal with
$25,000-a-year salaries for the top ex-
ecutives, in my opinion we are dealing
with a matter so dangerous tha:t I ;think
It would be likely to jeopardize enact-
ment of the bill itself.
The pending bill is not the same as the
One which came before the Senate on
'the closing day of the last -session. The
bill now before the Senate covers well
over 100 pay increases which were not
even mentioned in the bill which was be-
fore the Senate on the last day of the
last session. Are we going to provide for
6 months' _retroactivity, along the line of
? a bonus of $10,600 or $11,009, in the case
of such positions? I think we must
draw the line. We are dealing with the
public funds, and we most he carefnl.
Mr. PASTORE. Mr. President, will
no13
the Senator from 0 9A Yield to me?
The PRESII:VG 'ICER (Mr. COT-
TON in the chair). es the Senator
from. Oklahoma yield to the Senator
from Rhode Island?
, Mr. MONRONEY. I yield to iny dis-
tinguished colleague on the ootninittee..
Mr, pAsToRg. Will no; the distin-
guished Senator from Oklahoma agree
that the committee considered this par-
ticular aspect of the bill, and devoted
increases in salaries, I wish to ask
quite a number of hors to discussing it,
whether the committee voted for any of
ECrid was of the opinion that this measure them because of the fact that they would
Is somewhat different, from the vetoed
postal pay bill of fast year, which con- be made at a time later than when they
tamed a retroaCtive clause. In this case would have been made if the Congress
we are dealing not only with pay in-
had enacted the bill at the last session.
eases, but also with adjustments.
In other words, in fixing the salaries
-ar I which are provided by the pending bill,
believe that, after all, sufficient equity is
did the committee take into account the
provided by the bill if passed as it now fact that the Senate did not act on the
steno, and if it is made effective as of
the date of its, passage. other bill at the last session?
As rpm
the ena .S toi I ' '
r O11ah9pma has Mr. JOHNSTON of South
,, Carolina.
already pointed out, in this, case we are ?'No, we did not take that into considera-
dealing with 'tlic ?14Wica Of those, who
tion; that is my answer to the Senator's
,
occupy the top echelons, those who make oueStion. I cannot speak for every
the policies.. Thpy ,look to the White ? member of the committee; that point
? Souse for their. belacas? The._ White Vaa hot discussed with them.
? House assuined at, responsibility last Mr. PASTORE. Ntr. Preiiclent, on
year, but not in Utile. ki.owevCr. that that point will 'the Senator from $outh
Wqs -not our fault. , Carolina":yield to roe?:
-This year I again raised, befOre the Mr. JOHNSTON of South Carolina. I
committee, the point that no scientific yield. ?
,
such a bin when hearing had t at ieea
Lcertainly hope the amendment of the held on it.
Senator from Oregon to make the Pro- Thereafter I received a goo! many
visions of the bill retroactive will be re- calls from my friends in ti- e Depa try-mi
jected.
downtown. If any Senatt r on U e cthe
Mr. MONRONEY. I thank the Sena- aide of the aisle thinks do n t Lai a
tor frora California. many friends there, he is mistal en.
Mr. MORSE. Mr. President, will the Many of my friends bei an to ;all me.
Senator from Oklahoma yield to me? thereafter. They asked, What lid yoa
Mr. MONRONEY. I yield to my dis- mean by blocking our pay increa e? Wa
tinguished colleague, are not responsible for th fact nai the
Mr. MORSE. I wish to make another administration did not et the bl 1 to
brief statement. Congress in time for hearings to ie helo.
First, I should like to ask the chairman We think the bill is a goc d one:
of the committee whether the bill now I explained to them t tat I ho g1
before the Senate provides for any in- a very important prod dural mi ttet
creases in the salary brackets, over and which should be protectec was a tvca yea:
above those provided in the bill which I said to them, "I want yo ito kit Jar hat
was before the Senate on the last evening I will fight for retroactivi y for 4: ou be-
of the last day of the last session; and cause I think you are ent led to Lt
if there are in the pending bill any such So I wish to point out t tat Iany Liar
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ally obligated to those pi rsons o tIght
for retroactivity, because I am he on-
who prevented them from receiv rig thi,,
pay increase many, man; mont is tgc.
I do not draw the distil ction that my
friend, the Senator iron Ok. Ill( Ulf
draws between the high paid cod the
low paid persons on thi Gove annent
payroll. After all, regardless of he her
they are high paid or 1)w pa.:1-- and
Mans of them, are not gett ng vet j xr itch
pay, let me say--they are i_ntitlec to fair
pay for the service they render.
The committee has decided that the
bill as reported by it prc vides m or Lair
pay for the services render ,d, If he bill
which washefore the Senae on tire cos-
lug day of the last sessio 1 of c
provided for fair pay?I n fer to he bill
which did not reach the comn-a utele in
time for hearings to be h ?th m :hi
amenclm.en'., ahould be F.g.}eecl t 7 ha:
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12468 CONGRESSIONAL RECORD ? SENATE
Is why I am pressing for adoption of the
amendment.
Because of the confidence I have in him
and the reliance I have placed on him
from time to time, I should like to hear
from the ranking minority member of
the committee, the Senator from Kansas
(Mr. CARLS0141. I should like to know
what his position on this matter is.
Mr. MONRONEY. I yield to the Sen-
ator from Kansas.
Mr. CARLSON. Mr. President, I had
expected to take the floor to make a few
observations on this subject.
We are getting into the same situation
In which we were on the closing night of
the first session of the 84th Congress.
The distinguished Senator from Oregon
[Mr. Moase] had the floor at that time,
and he courteously yielded to me. The
history he has given to us this afternoon
is exactly correct.
I should like to read for the record
the statement which X made through the
courtesy of the Senator from Oregon,
who at that time said he would be glad
to yield to me provided he did not lose
the floor. I said, on August 3, 1955:
Mr. CARLSON. Mr. President, I ask unani-
mous consent that the Senator from Oregon
may yield to me for a few minutes, without
losing his right to the floor.
The Par-storms OFFICER. Without objection,
it is so ordered.
Mr. Catmom I appreciate the courtesy of
the Senator from Oregon.
I sincerely hope that an executive pay bill
can be approved at this session of Congress.
Congress has voted increases in pay for Mem-
bers of Congress. We have voted increases in
pay for the legislative branch of the Govern-
ment. We have voted increases totaling $700
million for the salaried employees of the
Government. Congress has voted increases
of $200 million for the postal employees of
the Nation, and $300 million for the classified
workers of the Government.
Now we are asked in the closing hours of
this session to vote $1,500.000 for increases in
pay for the executive branch of the Govern-
ment. Frankly, I do not think it is fair to ask
the executive branch of the Government to
operate on their present basis.
I sincerely hope the distinguished Senator
from Oregon will permit us to proceed at this
time with the bill. I do not think there
would be any difficulty in approving the pro-
posed legislation, because the Senate might
take the House bill, adopt it with some
amendments, send it back to the House, and
I am advised the House would accept it.
The distinguished Senator from Oregon
and the distinguished Senator from Georgia
are absolutely correct when they say there
were no hearings. The bill came to the Sen-
ate on July 15. It was rot the fault of the
chairman of the Committee on Post Office
and Civil Service, or of the ranking minor-
ity member, or of any other member.
Frankly, I wish the bill had come to the Sen-
ate before that date, but that is the situa-
tion.
The President sent a letter to the Commit-
tee on Post Office and Civil Service and asked
for the proposed legislation. We have tried
to comply with that request, and I sincerely
hope the Congress will not adjourn without
passing the bill. I thank the Senator for
yielding.
And so, Mr. President, we now find
ourselves in almost the exact situation
with respect to time. I still feel very
strongly that this Congress should have
acted upon the legislation last July. But
the fact remains that no action was
taken and the inequities created cannot
be cured nor alleviated through a rea-
sonable retroactive clause. I sincerely
urge the prompt passage of this legisla-
tion which is long overdue.
Mr. MORSE. Mr. President, I may
say jocularly that since my last com-
ment a couple of my colleagues have
been ribbing me a little as to whether
or not I am making a plea for a little
retroactive pay for my opponent in the
forthcoming campaign. That does not
make any difference. I think he has it
coming to him:. and after November I
think he is going to need it.
I still think I am making a sound ar-
gument on the equities, and from the
standpoint of justice to these employees.
I was responsible for the fact that they
did not get a bill on the last night of
the previous session. I will do exactly
the same thing again as I did that night,
because I think the committee has dem-
onstrated the soundness of my position
by the fact that long hearings were re-
quired. Extensive hearings were re-
quired to draft an acceptable bill. That
shows how right I was in insisting on
hearings.
I shall ask for a vote_on my amend-
ment, because I feel that I am morally
committed to do so. I think it is a sound
and just amendment. I submit the
amendment.
Mr. MONRONEY. Mr. President, as
I have previously stated, the final enact-
ment of the bill will be endangered if
this amendment is included.
In the second place, we shall be estab-
lishing a policy of retroactivity When we
vote for retroactive pay for Cabinet
members and top-salaried people. Such
a policy would rise to plague us, and
would cost the Government hundreds of
millions of dollars in retroactive pay for
those top-salaried employees. The only
time retroactivity should ever be coil-
sidered by the Senate is when our lowest
paid employees have been dis,criminated
against for many months because of a
Presidential veto of legislation previous-
ly passed by the House and Senate.
Let us not do anything to set a pat-
tern of retroactivity, or we shall be pick-
ing up 1 or 2 year's back salary.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment offered by the Senator from Ore-
gon [Mr. Moan] to the committee
amendment.
The amendment to the amendment
was rejected.
The PRESIDING OFFICaat. The bill
Is open to further amendment.
Mr. MORSE. Mr. President, I should
like to ask the chairman of the commit-
tee a question on another subject.
It is reported to me that the Comp-
troller of the Currency, who is covered
by this bill, receives not only his full
salary, but a full pension by reason of a
former Federal position held by him.
am advised that the committee was re-
quested to look into this subject. If so,
I should like to know, first, what it
found, and, second, what it proposes to
do to deal with the situation.
Mr. JOHNSTON of South Carolina.
He does draw retirement pay. It is
not from the ",Tederal Government. It
is from the Federal Reserve. It does not
come from the Government.
'July 20
Mr. MORSE. Does the Senator feel
that it is sound and fair to provide him
with that pension?that is what it is--
and also the full salary provided in the
bill?
Mr. JOHNSTON of South Carolina.
We felt that the salary was for the posi-
tion, and not necessarily for the man.
He may leave the position tomorrow, or
some other time. If the position did not
carry the proper salary, special legisla-
tion would be required in the case of a
new occupant of the position.
Mr. MORSE. When the Senator says
the Comptroller of the Currency is re-
ceiving a pension from a retirement
fund, does he mean that he is receiving
it as the result of a former Federal posi-
tion which he held?
Mr. JOHNSTON of South Carolina.
It was a position with the Federal Re-
serve Bank. The money does not come
from the Government.
Mr. MORSE. It does not come from
the Treasury of the United States?
Mr. JOHNSTON of South Carolina.
It does not come from the Treasury of
the United States.
Mr. DOUGLAS. Mr. President, will
the Senator yield?
Mr. JOHNSTON of South Carolina.
I yield.
Mr. DOUGLAS. Is it not a fact that
while the expenses of the Federal Re-
serve Banks are deducted from their
earnings, the major portion of the resi-
due is turned over to the Federal Gov-
ernment? So in effect the pension paid
to this man by the Federal Reserve Sys-
tem diminishes the amount of the resid-
ual sums which otherwise would be
turned over to the Government; and
therefore most of it, in effect, comes from
diminished revenues of the Federal Gov-
ernment?
Mr. JOHNSTON of South Carolina.
The Senator from Illinois is entirely cor-
rect; but the retirement system would
have to be changed if anything were to
be done about the situation. We are not
dealing with the retirement law at this
time.
Mr. MORSE. Mr. President, will the
Senator further yield?
Mr. JOHNSTON of South Carolina. I
yield.
Mr. MORSE. Are there instances of
employees covered by the bill who are
collecting pensions or retirement income
from Federal sources as a result of pre-
viously held Federal positions, and who
are now collecting salaries from the Fed-
eral Government?
Mr. JOHNSTON of South Carolina.
There may be a few. Military retire-
ment pay, of course, is exempted.
Mr. DOUGLAS. Is it not true that
a large number of retired generals have
been appointed to administrative posi-
tions? Are they drawing their military
retirement pensions as well as their
salaries?
Mr. JOHNSTON of South Carolina.
My recollection is that there are about
15 of them in that category at the pres-
ent time. There are in the Government
service at the present time about 15 for-
mer military officers who are drawing
pensions.
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:g956' CONGAXSIONAL RECO1D
Mr. DOUGLAO, I PalP at 14.0-1c. 90,1er, tiVe position subieet to this actQulhuity pay- Iii),VITIVer. I believe it is import 1,rd th.?,t;
day, and while I did PA IRP,kg.,q, Precise, mente shall be d scOntinued during such em- the Senate be informed o tlits t tin, ii.);
count, It seen* to 'nte that t, re Were
,,,__ . ., . . .. . fundP n1Sehill withheld frem his salary and ought to be a little more e. re i ?t1
somewhere betmor.; 0?arld ?I retired, , _.? "- ? prqteeting ,tbe interests of tit p eD,c,
abried Mddetiehs for the retirement
generals and . Oinire,ls: .Who , ,ed been, And se 'tort . Therefore,, we do ,take .Whe need. tbe Money meet. `Witt i' te c
p
appointed In the -last 3 Or 4 years to care ef most o :those people,. 'there may malting the fight foe the yid pe.pit aud.
adininiStratlye. poSitiOns or to commis- be some indiy uals wtio are getting some for. the disabled people tying t ). e',..tan.
sloris. It May ,be that not all or, them refIreme.rid not t Pay, under art o into all of t 9th r step.,?sy seme ?increases in theironsioit lEi c
are drawing retirernent pay. We diat ..3,
Mr. , JOHNOON ,Of $oth n Ca4olina. but the Y should4
be 1eci, in illorellgh- When we.. Itroceedest to .: ote so ale ii.---
1
' g ese phases, let us keep in mind an ti-,.
neer su e, t a t .,
xt will be riecessarYIO exerapt them from ly. If ws-had.tuidertaken tg go int.? all crease.s le Gqverrenea ceecials, .,no ent-
the law, I will ten the Senator, and to of' them_ the pending bill would not he ployeea who are already L I the h gn pad,
let them _draw their pay, 7beCause, Con- on the lit60-r today; we would not have hrackets.in, the Govern ent.se., vic.i.
gress enacted that law. ' an execUtiVe pay bill. .1,ainin.fav,pr of the Pra.xsen i:icr.as_s
Mr. MORSE. M. l'r4iderit, t call, We cOuld not look into iv,cY. Situe- )11 tbe Pentlirig bill, because in tan;
this matter Matter to the attention of theshair-. tion, bacau.se ?it wonlci, Iny,ply,e . a ,t re,- stance we art going to get got. rt Lulu
man of the coninitttee, the Senator from, niendous study; but nt some time in the for, the ,exPenditure. ? ._ .
South Carolina, the 4enater from Rhode, future slidli a thorough study should he In view of.. the genera: pay . cal: we:
Island, and the Sen4:Or 'from 01.5.140roa?, made, particularly with respect to. the have adePted.. including the
because if 'I? nrider?tqand Pie ?ii(naelpn. rnilitary.people who pre receiving.retire- sional pay scale, the .etholoyee i w nose
Correctly?and- it has been represented ' ment. pay and are alp 'drawing salariep salaries will be increased by the bil, a,.J e
to me to be the faCt:74 am, disturlied by , in poSitfonS With the OoVernment. Such entitled to them... , -' ?
*hat I consider to he an ghlairhess? a Study:Should* be tnidertakin., We did . I cleSe by saying that .'ve hay a ior rt'?
? 'Let us consider the sociaT7seeur1ty not go inici It thoroughfy not because we way to go in Federal_legislatioi , lot fat e
Systeni,: and the case of an Old man or an , were detelict i4 our duty. 41# 14eePA-Ve It We do juatice to those who are I 3cevit?;
Id woman who .Wish,eito., earn a)ittle was noCintimately rel4t0, tfo .the Work sncial-secairity benefits .t.nci th.se wr..0
OneY; In addition to the shiallliayment we Were concerned with in. connection. are disabled. Much has _leen sa d E0014
he or she get.s-frOPI the sioctal.-Pecurity , with the*Pending .bill,:,,..: the great job. we were stirposed to .taa e
system, perhaps to the extent Of $40 or Mr. MORS. Mr, presidint, I Ylelg, done because we establithed a 50- year
$50 a month for citing :the . lawn or , to .,_The 8,:eilateiireln t 01101 caZ01414. , age limit for disability ..nthe nil; the
the raking of leaves in a Oeigliher'S.Yard. Mr.... J.PHNSTON of aputlf carodina._ Senate passed the other_daY.
Ender existing law.., that amount of : Mr.preaident; we did iiet, haye Pala In my judgment the fi.ct the, we es-
MeritY Maid be dedUcted frOrn the secial- prOblenk to this great, e*tent, until aster tablish any age limit at al is a Laociting
geetiritY payments. We have :been pg-it- . the Second *4,ilt3 War,, when officers of thing, because when a fellow ci:Ize.i.
Ig for some time. tti'Y toM
?afie .provi- , the: Military forces were turned, loose, s9 under sial security IL tiisat tett ha
sIon so that these el Pc9PIC ill...addition to spe4 They are , now _getting jobs ought to get disability 14..iefita ,..nn ed -
to receiving the?littl pittance of spcial. with the' Goveriunent and fil fonle. Pe-, ately. If, at age 38 he it disale._?d, ant
Bp curity payments may earn and keep a sitions they can dravi their .salary and has a wife and three cbldren, for ex .?
few extra dollars over and above ,what also theik retiremeri. t. Pay.fer. their Milie ample, he should not hale to wit ? int.i
they, receive from Akie .s9,0-1.7,Segurtty, tory seryiee. I believe we should look he Is 50 _before he can gut chsalilit v
SYStern. , . , . into thf,si max MY 'tbOrQughlY And beneUts. _ He ought to get; them the
I understand from ,the t enator ,frpin stop paging them both ,retirement pay next day, if social secur,ty is 14 cArr',1
ralinois-r.ahd he ha k oopArrited .what 1 and di* salaries, / flolieve we all agree out the social conscience on wh ch it. _s
previously understood?that there are in : to that. Frankly, I believe lye. are em- suPPosed4 premised.
the Oovernnient einpley a grpop of pee_ ploYirig too miry military men in Civil- That has no relation t?) the I ue tiou
tile, some of them retired. 8e4erils , or. lad Positions Mille Federal Obverninent, of whether we should do justict on tha'
r?etliled 4dmirals, who apparently are in Mr: 11fORSE.' I yield to . the Senator pending bill. However, I wish
the employ of the Government 3410 are i from Illinois. out that we ought to be C:zeitil 10 a opiy
receiving, hvaddition to thetr Pay, retire- Mr: MAIM:AS. I' agree :with What . the same standard of equhy whet. wt ai e
Merit benehti-from the Federal Govern- the Seriater from Oregon has Said.. dealing with those who are in tie ott.i -
Meat. Now we,. axe, .about to increase When tile social-security bill, was under pay class that we apply when we are
their salarlea stibstantially,.because? they consideration ti few days agp I offered dealing, as we are today, o thus ir the
have been called bi4t into ,Goverinnent , an amendment to the public assistance high-pay class.
service for some aduiliaiStratilre ?Wgrk. feature of the 'bill, to permit people on ? _The .PJi.ESIDING O. PFICEI :.. l'iw
I cannot square the justice: of our public disistatiee to earn Mi. to $50 a question is on agreeing to the cub im tteo
handling those two classes 9f employees, month Without having such money de- amendment, as amended.
the one class that receives social7Sequrity ducted from their old-age assistance The amendment, as mendi d, Iva.;
payments, and the Other ,the?..elatSs . of , payments. _ agreed to.
high-paid' Govertunerit emPloyees,, who T was deeply disappointed that the The PRESIDING OFFB IR. - 'lic bi I
are allowed to collect tlieir ftill saloxy . administration, through HEW, vigor- is open to further amendrient, if tiere
and in addition collect their retirement , tarty opposed my proposal. I only wish
that they would be one-halt so zealous r the questionPnY. I should like,t6 have, an explan.a- i s amendmenton theenar ., 3, Os some erar ot pol steho, ;
Mon of the elleitics iniolyed: in that, kind in getting at the dOubIe payments to the amendment and third reaeing of the bill.
Of Situation, ' ; . . high-paid administrators, Who are ye- The amendment was arderet ti ly-
ttred 'military Officers-, as tlicy were in
Mr, 13Astottg., Serlitto4 of ' engrossed and the bill to le read a t iim
#OurSe, `does; net Mit a :. gooei ,1;094cip? , ma
_ . opposing the proposal to allow a poor time.
n or a poor woman on old-age assist-
However, he inliS_ realiae lbat. we are itnce to keep $50 of earned income. The bill al,. R. 7619) was rt ad tin
dealing With the rediralRe?-jrement Act..'third time and passed. -
, -t? - ? . ' - -. , - - --, sEVERAL SENATORS. Vote! VOte!
and -als6 With cerTalp,? positions, not with .
, - -- ; , ; ? - ? -, ? - ? Mr, MORSE. Mr. President, I merely Mr. JOHNSTON of Sc eth C tro? ire,
14144110?,... jt ?NP.,,,..1-Ad gone into every , wish to say, in conclusion, that I thank Mr. President, I move that the Se at.,
dividualSase., will, say to the Senator, the Senator from Illinois. As has been insist upon its amendmt nt rt', -ue t ..
# *UM, notjta,;t4, Vittl betore tile Sep- .
..?...., , ? - - , . ? - -- . ? pointed out, it is a very important prin. conference thereon with the H ais,' ot
. -tm.laY... gowew, co 7;he Atteption ?
ciple concerning which we ought to be Represents tives, and that the el air up
If the Senater tO.sec.klion 1.4 (b.), at. page ' colihistent in the enactment of legisla- point the conferees on the part of th -
1-0 of the hill Wineh as:
.
; , ... i171,,,g7ik...4 X 4 4 ,,L $ .. 4 1,0M. It would be a non sequitur for me Senate.
.i.thy It aii innuitarit entler this act tether to take the position that because a wrong The motion was agreetl to; 1 ad th -
itAh(IY 8:,Itliiii6Ifilfx in-iniiita,:nt Whose an- '
rinitY is terminated by 'reason of his recovery - was done somewhere else in connection Presiding Officer appoint A Mr J( .IN
or 'restoration of 'earOlPg d'aPit-citY. 4101) a ? with other legislation, we ought to per- mon of South Carolina, Mr, I AsTask.
Member retired Wider. this tiet) laeres ter Petrate a similar wrong in the, pending Mr. Scorr, Mr. cARIASON % ld NV IR 'S'E
becomes employed in an appointive or elec- bill, conferees on he part of the St .1E1A-.:.
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Approved For Release 2002/01/31 : CIA-RDP59-00224A000100670048-0
12470 CONGRESSIONAL RECORD ? SENATE 'July 20
RENEWAL OF LICENSE TO USE CER-
TAIN LAND IN ST. MARTS FAILS
CANAL PROJECT, MICHIGAN
Mr. JOHNSON of Texas. Mr. Presi-
dent, I ask unanimous consent that the
Senate proceed to the consideration of
Calendar No. 2693, House bill 8047.
The PRESIDING OleauCER. The bill
will be stated by title for the information
of the Senate.
The LEGISLATIVE CLERIC. A bill (H. R.
8047) granting authority to the Secre-
tary of the Army to renew the license
of the Ira D. MacLachlan Post, No. 3,
the American Legion, Sault Ste. Marie,
Mich., to use a certain parcel of land in
St. Marys Falls Canal project.
The PRESIDING OFFICER. Is there
Objection to the present consideration
of the bill?
Mr. JOHNSON of Texas. Mr. Presi-
dent, I understand the bill has been
cleared with the Senator from Oregon
(Mr. Moan].
Isdr. MORSE. Mr. President, the Sen-
ator from Texas ia correct, but I wish to
make a brief statement concerning the
bill, beeausp it could become a very
close question, so far as protecting the
Federal interest is concerned. But I
think it. is adequately protected in the
bill because of the equity.
What we are dealing with Is a piece
Of Federal property on which a Federal
buiding was located. It was leased in
1930 to an American Legion post. The
American Legion post occupied the
building. The building burned down,
but, under the lease, the post had the
obligation to replace the building. The
original building was valued at $1,000,
and the building which the AmeriCan
Legion post built to replace the original
building cost $18,000. There is quite a
difference in value.
This is a-transaction which goes back
to 1930, In 1930 it was the policy of
the Federal Government to grant leases
for this type of use without any rent
being paid, but with a requirement on
the part of the lessee to keep the build-
ings In repair and to replace them in ease
they were destroyed.
So, as I hare studied the mathematics
4;)f the case, I would say that the Federal
Government could not possibly lose if
this bill were enacted into law, because
of the great difference in the value of
the building which the Legion has placed
on the property and that of the original
building. The Federal Government
would still be ahead.
Mr. President, I make this statement
so that no one can say in the future
that MORSE let something get by that
volated the MORSE formula. I shall never
do that. In this instance the Federal
Government is the one which has the
advantage.
Mr. President, I have no objection to
the bill.
The PRESIDING OFFICER. /s there
objection to the present consideration
of the bill?
There being no objection, the bill
(H. R. 8047) was considered, ordered to
a third, reading, read the third time,
and passed.
CONVEYANCE OF CERTAIN LAND TO
THE STATE OF TEXAS
Mr. JOHNSON of Texas. Mr. Presi-
dent, I ask unanimous consent for the
Immediate consideration of Calendar No.
2691, Senate bill 3356.
The PRESIDING OFFICER. The bill
will be stated by title for the informa-
tion of the Senate.
The LEGISLATIVE CLERK. A bill (S.
3356) to direct the Secretary of the Navy
or his designee to convey a 240 55/100-
acre tract of land situated near the city
of Grand Prairie in Dallas County, Tex.,
to the State of Texas.
The PRESIDING OrraCER. Is there
objection to the consideration of the
bill?
Mr. MORSE. Mr. President, this is
another one of the bills thoroughly in
line with the policy we have followed,
because the Federal _interest is the ad-
vantage it obtains from the National
Guard training which will result from
the use of the property.
- I have no objection.
There being no objection, the Senate
proceeded to consider the bill, which had
been reported from the Committee on
Armed Services with an amendment, on
page 7, line 9, after the world "now",
to strike out "exitt, including but not re-
stricted to a public road easement here-
tofore granted along the west boundary
of said airport and four additional tract
easements for roadway purposes here-
tofore committed by the Secretary of
the Navy and proposed to be granted in
favor of Dallas County, Tex," and in-
sert "exist," so as to make the bill read:
Be It enacted, etc., That the Secretary of
the Navy or his designee is authorized and
directed to convey by quitclaim deed, with-
out consideration, to the State of Texas all
right, title, and interest of the United States,
pscept as retained in this act, together with
all buildings, improvements thereon, and all
appurtenances and utilities belonging or
appertaining thereto, in and to two hundred
forty and fifty-five one-hundredths acres of
land situated in Dallas County, Tex., out
of the McKinney and Williams survey, ab-
stract numbered 1045 and the Elizabeth Gray
survey, abstract numbered 517, near the city
of Grand Prairie, and having been acquired
in fee simple by the United States of America
by declaration of taking filed August 4, 1942,
In the United States District Court for the
Northern District of Texas, Dallas Division,
in the case of United States against 274.3
acres of land, Lou Foote, et al., civil num-
bered 1399; and by declaration of taking filed
October 20, 1943, in the aforesaid court in
the case of the United States against 6.84
acres of land, Herman Waldman, et al., civil
numbered M. and said two hundred forty
and fifty-five one-hundredths-acre tract of
land being the major portion of the Grand
Prairie Airport, formerly designated, outlying
field numbered 26803, United States Naval
Air Station, Dallas, Tex., being more par-
ticularly described as follows:
First tract: Beginning at the northeast
corner of the W. C. May survey, abstract
, numbered 890, said corner being a Bois D'Arc
fence corner post, being the upper L corner
of the B. Gray survey, abstract numbered
517, and running thence north 89 degrees 26
minutes west along the south line of the
said E. Gray survey, being also the north line
of said W. C. May survey. 1,111.0 feet to a
spike list in the centerline of a bridge over
branch for Southwest corner of the Said. E.
Gray survey being also at the Southeast cor-
ner of the Tapley -Holland survey, abstract
numbered 644, from which a 11A-inch iron
pipe bears south 89 degrees 26 minutes east
20 feet; thence north 0 degree 22 minutes 30
seconds east along the centerline of a 40-foot
road locally called Twelfth Street Road at
2,123 feet, a jog in said road right-of-way
increasing its width to 60 feet, at 2,529.1 feet
a stake set for the northwest corner of the
E. Gray survey and the southwest corner of
the McKinney and Williams survey, abstract
numbered 1045, continuing on said course
and with the centerline of Twelfth Street
and along the west line of said McKinney and
Williams survey to a total distance of 4,113.95
feet to a %-inch iron pipe set in the center-
line of said Twelfth Street on the south line
of Jefferson Avenue, from which a cedar
fence corner post bears north 81 degrees 39
minutes 30 seconds east 30.2 feet; thence
north 81 degrees 39 minutes 30 seconds east
along the south line of Jefferson Avenue
1,936.48 feet to a point of circular curve;
thence on a curve to the left having a radius
of 2,864.93 feet through a central angle of
17 degrees 02 minutes a distance of 851.66
feet to %-inch iron pipe, being the north-
west corner of Indian Hills addition to the
city of Grand Prairie, Texas, as recorded in
the Dallas County records; thence south
alo:ng the west line of said Indian Hills addi-
tion 2,117.6 feet to a %-inch iron pipe at the
southwest corner of said addition in the
south line of the McKinney and Williams
survey, being also the north line of the E.
Gray survey; thence north 89 degrees 34 min-
utes west along the north line of said E. Gray,
survey, 63.13 feet to a 11/4-inch iron pipe;
thence south 0 degree 33 minutes 30 seconds
west along the Old Turn Row 2,683 feet to a
3-inch cedar stake set in the east and west
fence on the south line of the E. Gray sur-
vey; thence north 89 degrees 34 minutes 30
seconds west along the said south line of the
E. Gray survey, 1.557.3 feet to a Bois D'Arc
fence corner post of the lower L corner of
said E. Gray survey; and thence north 0
degree 02 minutes west along the east line
of the W. C. May survey and with old fence
lines 138,4 feet to the place of beginning and
containing 273.64 acres of land, of which
159.83 acres are located in the E. Gray survey
and 113.81 acres are located in the McKinney
and Williams survey, except that portion of
land containing 40.3 acres and more particu-
larly described as follows:
Beginning at the northwest corner of the
Indian Hills addition (abstract 1045) to the
city of Grand Prairie, Texas, as recorded in
volume 7, page 368, of the plat records of
Dallas County, Texas; said corner being in
the south right-of-way line of Jefferson Ave-
nue, and being the northwest corner of lot 1,
block A of said Indian Hills addition; thence
in a southwesterly direction along the south
right-of-way line of Jefferson Avenue, and
along a circular curve to the right having a
central angle of 17 degrees and 2 minutes
and a radius of 2864.93 feet a distance of
851.66 feet to the point of tangency for said
curve; thence south 81 degrees 39 minutes 30
seconds west 721.14 feet to a %-inch iron
pipe for corner; said corner being in the
south right-of-way line of Jefferson Avenue;
thence south 08 degrees 20 minutes 30 sec-
onds east 330.0 feet to a point for corner;
thence in a southeasterly direction 2016.45
feet to a 11/1-inch iron pipe for corner; said
corner being the northwest corner of the
Indian Hills Park addition (abstract 517) to
the City of Grand Prairie, Tex., as recorded
in volume 17, page 365, of the plat records of
Dallas County. Tex.; and the northwest
corner ,or lot 17, block 9, of said Indian Hills
Park addition; thence south 89 degrees 34
minutes east along the north line of lot 17.
block 9, of said Indian Hills Park addition
63.13 feet to the southwest corner of the
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