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CHAPTER V. BILLS REPORTED FROM OTHER SENATE

COMMITTEES

Enactments by the 88th Congress concerning veterans' affairs which were reported from the Government Operations Committee of the Senate and from the Senate Post Office and Civil Service Committee follow.

A. Land Conveyance in Fayetteville, Ark.

(Public Law 88-148, approved Oct. 17, 1963)

1. LEGISLATIVE HISTORY

On January 14, 1963, Senator J. W. Fulbright, of Arkansas, and Senator John L. McClellan, of Arkansas, introduced S. 13, to authorize the Administrator of Veterans' Affairs to convey certain land situated in the State of Arkansas to the city of Fayetteville, Ark. The bill was referred to the Senate Committee on Government Operations.

On March 1, 1963, the bill was reported in the Senate (Rept. 15). On March 4, 1963, S. 13 was considered and passed by the Senate.1 The bill was referred to the House Committee on Veterans' Affairs.

The bill was reported in the House on October 1, 1963 (Rept. 788). On October 7, 1963, the bill was considered and passed by the House.2 The bill was approved on October 17, 1963, and became Public Law

88-148.

2. DIGEST OF THE ACT

This act provides for the conveyance of approximately 19 acres of land, which was originally donated to the Veterans' Administration by the city of Fayetteville, Ark., back to the city to be used for park and recreational purposes.

3. TEXT OF THE ACT

The following is the text of Public Law 88-148:

[Public Law 88-148, 88th Cong. (77 Stat. 253), Oct. 17, 1963]

AN ACT To authorize the Administrator of Veterans' Affairs to convey certain land situated in the State of Arkansas to the city of Fayetteville, Arkansas

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to section 2 of this Act, the Administrator of Veterans' Affairs shall convey by quitclaim deed, without consideration, to the city of Fayetteville, Arkansas, for park and recreational purposes, all right, title, and interest of the United States in and to the following described tract of land, which constitutes a portion of certain lands heretofore conveyed by such city to the United States without consideration, and which has been declared surplus to the needs of the United States: A tract of land situated in the county of Washington, State of Arkansas, being part of the

1 Congressional Record, Mar. 4, 1963, p. 3489.

2 Ibid., Oct. 7, 1963, p. 18878.

northeast quarter of section 9, township 16 north, range 30 west, of the fifth principal meridian, and being more particularly described as follows:

Beginning at the northeast corner of section 9; thence south along the east line of said section 9, 660 feet to a point; thence west 165 feet to a point: thence south 100 feet to a point; thence west 733 feet to a point; thence north 350 feet to a point; thence west 435 feet to a point; thence north 410 feet to a point on the north line of section 9; thence east along the north line of said section 9, 1,333 feet to the point of beginning; and containing 19.382 acres, more or less.

SEC. 2. The land authorized to be conveyed by the first section of this Act shall be conveyed subject (1) to the condition that it shall be used for park and recre ational purposes in a manner which, in the judgment of the Administrator of Veterans' Affairs, will not interfere with the care and treatment of patients in the Veterans' Administration hospital situated on lands adjacent to the land herein authorized to be conveyed, and (2) to the condition that in the event that the Administrator of Veterans' Affairs determines, within twenty years after the date of execution of such conveyance, that the land so conveyed has been de voted to any use other than for park and recreational purposes, all right, title, and interest therein shall revert to and revest in the United States in its thea existing condition, and (3) to the gas easement which was granted to the Arkansas Western Gas Company (for a period of fifty years) by the Department of the Army. B. Dual Compensation

(Public Law 88-448, approved Aug. 19, 1964)

1. LEGISLATIVE HISTORY

On July 2, 1963, Representative Tom Murray, of Tennessee, introduced H.R. 7381, to simplify, modernize, and consolidate the laws relating to the employment of civilians in more than one position and the laws concerning the civilian employment of retired members of the uniformed services, and for other purposes. The bill was referred to the House Committee on Post Office and Civil Service.

After holding extensive hearings on the bill, it was reported in the House on November 7, 1963 (Rept. 890). On February 18, 1964, H.R. 7381 was considered and passed by the House. The bill was referred to the Senate Committee on Post Office and Civil Service. The bill was reported in the Senate on March 4, 1964 (Rept. 935). The bill was considered in the Senate on July 8, 1964, July 9, 1964,5 and was considered and passed by the Senate on July 20, 1964,6 with amendments. The House action of the Senate amendments was on July 23, 1964. The Senate action on the amendments was on July 31, 1964, which cleared the bill for signature. The bill was approved on August 19, 1964, and became Public Law 88-448.

2. DIGEST OF THE ACT

This act repealed or amended numerous separate statutes relating to dual compensation or dual employment of Federal employees and codified a new single statute regulating such matters. It provides a nore simplified and up-to-date policy regarding civilian employment if retired military personnel and a dimunition in veterans' preference protection in reductions in force.

3 Congressional Record (daily edition), Feb. 18, 1964, p. 2904. Ibid., July 8, 1964, p. 15591.

5 Ibid., July 9, 1964, pp. 15638-15644. Ibid., July 20, 1964, pp. 15765-15760. 7 Ibid., July 23, 1964, pp. 16260-16262.

8 Ibid., July 31, 1964, p. 17075.

3. TEXT OF THE ACT

The following is the text of Public Law 88-448:

[Public Law 88-448, 88th Cong. (78 Stat. 484), Aug. 19, 1964]

AN ACT To simplify, modernize, and consolidate the laws relating to the employment of civilians in more than one position and the laws concerning the civilian employment of retired members of the uniformed services, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Dual Compensation Act”.

TITLE I-DEFINITIONS

SEC. 101. For the purposes of this Act and the amendments made by this Act(1) "uniformed services", "armed forces", "Secretary concerned", "officer", "warrant officer", "grade", "active duty", "active service", and "member" have the definitions given them by section 101 of title 37, United States Code; (2) "a retired member of any of the uniformed services" means a member or former member of any of the uniformed services who is entitled, under any provision of law, to retired, retirement, or retainer pay on account of his service as such a member;

(3) "civilian office" means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including each corporation owned or controlled by such Government and including nonappropriated fund instrumentalities under the jurisdiction of the armed forces) or in the municipal government of the District of Columbia.

TITLE II-EMPLOYMENT OF RETIRED MEMBERS OF UNIFORMED SERVICES

SEC. 201. (a) Except as provided by subsections (b), (c), and (e) of this section, a retired officer of any regular component of the uniformed services shall receive the full salary of any civilian office which he holds, but during a period for which he receives salary, his retired or retirement pay shall be reduced to an annual rate equal to the first $2,000 of such pay plus one-half of the remainder, if any. In the operation of the formula for reduction of such pay under this subsection, such amount of $2,000 shall be increased, from time to time, by appropriate percentage, in direct proportion to each increase in such pay effected pursuant to the provisions of section 1401a (b) of title 10, United States Code, to reflect changes in the Consumer Price Index.

(b) The reduction in retired or retirement pay required by subsection (a) of this section shall not apply to a retired officer of any regular component of the uniformed services whose retirement was based on disability (1) resulting from injury or disease received in line of duty as a direct result of armed conflict or (2) caused by an instrumentality of war and incurred in line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code). (c) The reduction in retired or retirement pay required by subsection (a) of this section shall not apply to a retired officer of any regular component of the uniformed services employed on a temporary (full-time or part-time) basis, any other part-time basis, or any intermittent basis, for the first thirty-day period for which he receives salary. The exemption from reduction in retired or retirement pay provided by this subsection shall not apply to a period longer than

(1) the first thirty-day period for which he receives salary under any one appointment from the civilian office in which he is employed, if he is serving under not more than one appointment, and

(2) the first period for which he receives salary under more than one appointment, in any fiscal year, which consists in the aggregate of thirty days, from all civilian offices in which he is employed, if he is serivng under more than one appointment in such fiscal year.

(d) For the purposes of subsections (a) and (c) of this section, "period for which he receives salary" means the full calendar period for which he receives salary when employed on a full-time basis but only the the days for which he actually receives salary when employed on a part-time or intermittent basis.

(e) Except as otherwise provided in this subsection, the United States Civil Service Commission, subject to the supervision and control of the President, is authorized to prescribe and issue regulations under which exceptions may be made to the restrictions in subsection (a) of this section whenever it is determined by appropriate authority that such exceptions are warranted on the basis of special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the United States Senate, the Speaker of the House of Representatives with respect to the United States House of Representatives, and the Architect of the Capitol with respect to the Office of the Architect of the Capitol each is authorized to provide for a means by which exceptions may be made to the restrictions in subsection (a) of this section whenever he determines that such exceptions are warranted on the basis of special or emergency employment needs which otherwise cannot be readily met. The Administrator of the National Aeronautics and Space Administration is authorized to except, at any time, any individual in a scientific, engineering, or administrative position appointed pursuant to clause (A) of section 203(b) (2) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473(b) (2) (A)), from the restrictions in subsection (a) of this section, whenever the Administrator determines that such exception is warranted on the basis of special or emergency employment needs which otherwise cannot be readily met; but not more than thirty such exceptions may exist at any one time under such authority.

(f) Notwithstanding subsection (a) of this section, a retired officer of any regular component of the uniformed services who was employed in a civilian office on the day immediately preceding the effective date of this subsection—

(1) if, on such immediately preceding day, he was exempt from limitations on compensation, may elect (A) to remain subject to and continue under such exemption or (B) to be subject to applicable limitations and exemptions of subsections (a), (b), (c), and (e) of this section; or

(2) if, on such immediately preceding day, he was subject to limitations on compensation, may elect (A) to remain subject to and continue under such limitations, or (B) to be subject to applicable limitations and exemptions of subsections (a), (b), (c), and (e) of this section. Such election is irrevocable and shall be filed with the department concerned not later than the ninetieth day after the effective date of this subsection. Any such retired officer who does not file such election within the prescribed period shall be held and considered to have elected to remain in the status which he occupies, on such immediately preceding day, with respect to limitations on compensation, or exemptions therefrom, as the case may be. In the event of any appointment, reinstatement, or reemployment of such retired officer which is made after such effective date and follows a break in service of more than thirty days, such retired officer shall be subject to applicable limitations and exemp tions of subsections (a), (b), and (c), and (e) of this section.

(g) A member of any of the uniformed services, serving in the Army or Air Force of the United States without component, under an appointment made under section 515 of the Officer Personnel Act of 1947, in a temporary grade higher than, or the same as, the reserve commission he then held, who, prior to the effective date prescribed by section 403 (a) of this Act, was retired for physical disability in such temporary grade, shall not be considered as subject to the restriction on the concurrent receipt of civilian compensation and retired pay contained in section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a), for any period following such retirement.

(h) A nonregular member of any of the armed forces, who served on active duty in a temporary warrant officer grade and who was retired in that status prior to the effective date prescribed by section 403 (a) of this Act, shall not be considered as subject to the restriction in section 2 of the Act of July 31, 1894. as amended (5 U.S.C. 62), for any period following such retirement.

SEC. 202. Section 12 of the Veterans' Preference Act of 1944, as amended (5 U.S.C. 861), is amended

(1) by inserting "(a)" immediately following "SEC. 12." ;

(2) by inserting ", subject to subsection (c) of this section," immediately after the word "That" in the first proviso thereof;

(3) by inserting "(subject to subsection (b) of this section)" immediately after "military preference"; and

(4) by adding at the end thereof the following new subsections:

"(b) Notwithstanding any other provision of this Act, an employee who is a retired member of any of the uniformed services included under section 2 of this Act shall be considered a preference employee for the purposes of subsection (a) of this section only if

"(1) his retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict or (B) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code); or

"(2) his service does not include twenty or more years of full-time active service (regardless of when performed but not including periods of active duty for training); or

(3) immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office without a break in service of more than thirty days.

"(c) In computing length of total service, an employee who is a retired member of any of the uniformed services shall be given credit for

"(1) the length of time in active service in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized); or

"(2) if he is included under clause (1), (2), or (3) of subsection (b) of this section, the total length of time in active service in the armed forces. SEC. 203. The last two sentences of section 203 (a) of the Annual and Sick Leave Act of 1951 (5 U.S.C. 2062(a)) are amended to read as follows: "Except as otherwise provided in this subsection, in determining years of service for the purposes of this subsection, there shall be included all service creditable under the provisions of section 3 of the Civil Service Retirement Act for the purposes of an annuity under such Act and the determination of the period of service rendered may be made upon the basis of an affidavit of the employee. Active military service of a retired member of any of the uniformed services is not creditable in determining years of service for the purpose of this subsection unless

"(2) immediately prior to the effective date of this sentence, he was employed in a civilian office to which this Act applies and, on and after such date, he continued to be employed in any such office without a break in service of more than thirty days; or

"(3) such service was performed in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized).

In the case of an officer or employee who is not paid on the basis of biweekly pay periods, the leave provided by this title shall accrue on the same basis as it would accrue if such officer or employee were paid on the basis of biweekly pay periods.". SEC. 204. (a) A retired member of any of the armed forces may be appointed to serve in a civilian office in or under the Department of Defense during the period of one hundred and eighty days immediately following his retirement only if

(1) the proposed appointment is authorized by the Secretary concerned (or his designee for the purpose), and, if such civilian office is in the competitive civil service, after approval by the United States Civil Service Commission; or

(2) the minimum rates of basic compensation for such civilian office have been increased under authority of section 504 of the Federal Salary Reform Act of 1962 (5 U.S.C. 1173); or

(3) a state of national emergency exists.

(b) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (a)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that

(1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees; and

(2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give all interested candidates an opportunity to apply; and

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