B-154092, JUN. 14, 1965

B-154092, JUN. 14, 1965

TO THE HONORABLE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 28, 1965, REQUESTING THAT WE GIVE CONSIDERATION TO GRANTING A FURTHER EXTENSION OF THE DEADLINE FOR IMPLEMENTING OUR DECISION OF OCTOBER 30, 1964, B-154092, HOLDING THAT UNDER THE PRESENT STATUTORY PROVISIONS, OFF BOARD BASED SUBMARINE STAFF MEMBERS WHO DO NOT PERFORM THE MAJORITY OF THEIR ASSIGNED DUTIES ON A SUBMARINE ARE NOT LEGALLY ENTITLED TO INCENTIVE PAY ON A CONTINUOUS BASIS FOR THE PERFORMANCE OF SUBMARINE DUTY.

WE SAID IN THE DECISION OF OCTOBER 30 THAT IN VIEW OF THE LENGTH OF TIME THE PRACTICE OF PAYING SUCH MEMBERS SUBMARINE PAY ON A CONTINUOUS BASIS HAD GONE UNQUESTIONED, THE APPARENT MISUNDERSTANDING OF THE BASIS OF A PRIOR (1951) DECISION BY US ON THIS QUESTION AND THE VIEWS EXPRESSED BY THE CHAIRMAN OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, IN A LETTER DATED AUGUST 11, 1964, TO THE SECRETARY OF THE NAVY, WE WOULD NOT QUESTION PAYMENTS OF SUCH PAY MADE PRIOR TO MARCH 1, 1965. THIS ACTION WAS TAKEN FOR THE PURPOSE OF AFFORDING THE DEPARTMENT OF THE NAVY AN OPPORTUNITY TO PRESENT THE MATTER TO CONGRESS WITH A RECOMMENDATION FOR NEW LEGISLATION, IF DEEMED APPROPRIATE, AND TO MAKE SUCH ADJUSTMENTS IN PERSONNEL ASSIGNMENTS OR TO TAKE SUCH OTHER ACTION AS MIGHT BE ADVISABLE IN THE LIGHT OF OUR DECISION.

ON MARCH 8, 1965, AT THE REQUEST OF THE CHAIRMAN, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, TO EXTEND THE PAYMENT DEADLINE FOR A SET PERIOD OF TIME BECAUSE THE COMMITTEE WAS PRECLUDED BY OTHER BUSINESS FROM CONSIDERING THE PROPOSAL IN TIME TO MEET IT, WE EXTENDED THE CUTOFF DATE TO JUNE 1, 1965.

THE LEGISLATIVE PROPOSAL, WHICH WAS INTRODUCED AS H.R. 5571, WOULD AUTHORIZE PAYMENT OF INCENTIVE PAY FOR SUBMARINE DUTY ON A CONTINUOUS BASIS TO PERSONNEL QUALIFIED IN SUBMARINES ATTACHED TO STAFFS OF SUBMARINE OPERATIONAL COMMANDERS AND WOULD BE RETROACTIVE TO MARCH 1, 1965. H.R. 5571 PASSED THE HOUSE OF REPRESENTATIVES ON MARCH 29, 1965; HOWEVER, THE SENATE HAS NOT ACTED ON THE MEASURE.

IN REQUESTING AN EXTENSION OF THE JUNE 1, 1965, DEADLINE, YOU SAY THAT THE SENATE ARMED SERVICES COMMITTEE, APPARENTLY DUE TO THE PRESS OF OTHER BUSINESS, HAS NOT AS YET HELD HEARINGS ON THIS LEGISLATION AND THERE APPEARS VERY LITTLE LIKELIHOOD THAT THE LEGISLATION CAN BE ENACTED PRIOR TO JUNE 1, 1965. YOU SAY, HOWEVER, THAT FAVORABLE ACTION BY THE SENATE ARMED SERVICES COMMITTEE AND THE SENATE AS A WHOLE IS EXPECTED. UNDER THESE CIRCUMSTANCES, YOU REQUEST A FURTHER EXTENSION OF THE JUNE 1, 1965, DEADLINE, WHICH YOU SAY WILL OBVIATE THE NECESSITY OF WITHHOLDING PAY AND SUBSEQUENT RESTORATION SHOULD THE SENATE ENACT THE HOUSE BILL WITH ITS RETROACTIVE PROVISIONS.

THE JUNE 1, 1965, DEADLINE WAS ESTABLISHED BY US TO PERMIT CONSIDERATION BY CONGRESS OF LEGISLATION AUTHORIZING THESE PAYMENTS AND THE HOUSE OF REPRESENTATIVES HAS PASSED SUCH LEGISLATION. WE UNDERSTAND THAT THE COMMITTEE ON ARMED SERVICES OF THE SENATE PLANS TO CONSIDER THE LEGISLATION. IN SUCH CIRCUMSTANCES WE BELIEVE A FURTHER EXTENSION OF THE DEADLINE IS IN ORDER. ACCORDINGLY, WE WILL NOT QUESTION PAYMENTS OF THE INVOLVED SUBMARINE DUTY PAY UNTIL THE SENATE ACTS ON THE MEASURE OR THE END OF THIS FIRST SESSION OF THE 89TH CONGRESS, WHICHEVER IS ..END :