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79TH CONGRESS | HOUSE OF REPRESENTATIVES

18t Session

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REPORT
No. 25

PROVIDING FOR EXPENSES OF CONDUCTING STUDIES AND EXAMINATIONS AUTHORIZED BY HOUSE RESOLUTION 50 OF THE SEVENTY-NINTH CONGRESS

JANUARY 17, 1945.-Referred to the House Calendar and ordered to be printed

Mr. COCHRAN, from the Committee on Accounts, submitted the

following

REPORT

(To accompany H. Res. 70)

The Committee on Accounts, to whom was referred the resolution (H. Res. 70) providing for expenses of conducting studies and examinations authorized by House Resolution 50 of the Seventy-ninth Congress, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

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PROVIDING FOR EXPENSES OF CONDUCTING THE STUDY AND INVESTIGATION AUTHORIZED BY HOUSE RESOLUTION 63 OF THE SEVENTY-NINTH CONGRESS INCURRED BY THE COM. MITTEE ON EDUCATION

JANUARY 17, 1945.-Referred to the House Calendar and ordered to be printed

Mr. COCHRAN, from the Committee on Accounts, submitted the

following

REPORT

(To accompany H. Res. 92)

The Committee on Accounts, to whom was referred the resolution (H. Res. 92), providing for expenses of conducting the study and investigation authorized by House Resolution 63 of the Seventy-ninth Congress incurred by the Committee on Education, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

H. Repts., 79-1, vol. 1

HOUSE OF REPRESENTATIVES

79TH CONGRESS

18t Session

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REPORT
No. 27

PROVIDING FOR CONTINUATION OF THE SPECIAL COMMITTEE TO INVESTIGATE ACTS OF EXECUTIVE AGENCIES WHICH EXCEED THEIR AUTHORITY

JANUARY 17, 1945. Referred to the House Calendar ond ordered to be printed

Mr. John J. DELANEY, from the Committee on Rules, submitted the

following

REPORT

(To accompany H. Res. 88)

The Committee on Rules, having had under consideration House Resolution 88, report the same to the House with the recommendation that the resolution do pass.

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ESTABLISHING THE GRADE OF GENERAL IN THE

MARINE CORPS

JANUARY 22, 1945.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. COLE of New York, from the Committee on Naval Affairs,

submitted the following

REPORT

[To accompany H. R. 197)

The Committee on Naval Affairs, to whom was referred the bill (H. R. 197) to establish the grade of general in the Marine Corps, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended,

do pass.

The amendments are as follows:
Page 1, line 3, insert the words "and rank" after the word "grade".

Page 1, add the following new sentence at the end of section 1: At no time shall there be more than one such officer on the active list in such grade and rank.

Page 2, line 13, strike out the word “or” and substitute therefor the word "and”.

Page 2, line 16, strike out the word “or” and substitute therefor the word "and".

Page 2, lines 20 and 21, strike out the phrase "on the active list.” Page 2, line 21, strike out the words or advanced.

Page 2, line 21, strike out the words "or grade", and insert the words "grade or” after the word “the”.

Page 2, line 22, strike out the word "in" and insert in lieu thereof the phrase "on the active list of”.

The purpose of the bill is to establish the grade and rank of general on the active list of the Marine Corps and to authorize the appointment of an officer holding the office of Commandant of the Marine Corps to that grade and rank.

The first committee amendment, on page 1, line 3, and the third and fourth amendments on page 2, lines 13 and 16, were adopted to avoid difficulties of interpretation of the words "grade" and "rank" as used in the bill. Although these terms are often used in the same sense in acts of Congress, their meaning is not coextensive. The coupling of these words in the bill, as amended by the committee, will insure inclusion of the concept of “precedence” or relative rank among officers of the same grade, and will make consistent their use throughout the bill.

The second amendment, page 1, is for the purpose of insuring that there shall be only one officer on the active list of the Marine Corps in the grade and rank of general at any one time.

The fifth and eighth amendments, on page 2, lines 20, 21, and 22, involving a shift of position of the words "on the active list”, are to avoid any possibility of a construction of the bill which would prohibit officers commended for their performance of duty in actual combat, from being placed upon the retired list with the rank of general, pursuant to section 12 of the act of June 23, 1938, as amended (U. S. C., 1940 ed., Supp. III, sec. 404 (1)).

The sixth amendment, page 2, line 21, eliminates the words "or advanced” since they are unnecessary and are not used in section 1 in connection with the authorization to appoint.

The seventh amendment, page 2, line 21, is merely to conform the order in which the words "grade" and "rank" are used, to that followed in other portions of the bill.

Section 1 of the bill, as amended, establishes the grade and rank of general on the active list of the Marine Corps and authorizes the President, by and with the advice and consent of the Senate, to appoint an officer holding the office of Commandant of the Marine Corps to that grade and rank. It provides that there shall be only one officer on the active list in the grade and rank of general at any one time.

Section 2 would provide that appointments under the bill shall be made without examination and shall continue in force during such period as the President shall determine. It would also preserve the permanent and temporary status and eligibility for promotion of an officer holding the rank of general pursuant to appointment under section 1.

Section 3 would fix an appointee's pay and allowances at the same amounts as those of a rear admiral of the upper half, plus a personal money allowance of $2,200 per annum

Section 4, as amended, would provide that, in the discretion of the President, and by, and with the advice and consent of the Senate, an officer who shall have been appointed under the bill shall have, upon retirement, the highest grade and rank held by him on the active list, and retired pay equal to 75 percent of the pay of such grade and rank. The second proviso to this section would limit appointments to the grade and rank of general on the active list of the Marine Corps to those made as provided in the bill. Under this proviso no officer could be appointed under section 1 except one who, at the time of appointment, holds the office of Commandant.

Section 5 would limit the period during which the bill would be effective to the duration of the war and 6 months thereafter.

Accomplishments of the Marine Corps during the present war are offered in substantiation of the justice of the proposal to establish the rank of general in the Marine Corps and to appoint the Commandant of the Marine Corps to that rank.

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