The construction and conversion of ships authorized by the act of August 8, 1950, has now progressed to the point where, on the basis of repricing for the 1955 budget, the $350 million limitation will be exceeded by $19,573,500. In addition, there are 2 projects, 1 ship to be constructed and 1 to be converted, which have not been started or funded for. Their estimated cost is $45,600,000, and added to the $19,573,500 above, there results a minimum necessary increase of the appropriation limitation, if the projected program is to be accomplished, of $65,173,500. Moreover, repricing in years subsequent to fiscal year 1955 will in all probability result in an even greater increase beyond the $350 million limitation. The estimates of today for the construction and conversions authorized in 1950 are thus increased over the estimates of that time by $100,598,500. In general, these increases are attributable to price rises in labor and materials, overtime caused by urgent need for completion, improvements in design, higher postdelivery costs, and, in some cases, to faulty original estimates by the Navy. With regard to conversions, more extensive repairs than originally estimated and increased complexity in the scope of the work have been important factors. The Department of the Navy, on behalf of the Department of Defense, favors the enactment of H. R. 8571, as passed by the House of Representatives. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report on H. R. 8571 to the Congress. Sincerely yours, IRA H. NUNN, Judge Advocate General of the Navy (For the Secretary of the Navy). CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, there is herewith printed in parallel columns the text of provisions of existing law which would be repealed or amended by the various provisions of the bill: EXISTING LAW The Act of August 8, 1950 (64 Stat. 420) (a) Combatant vessels, thirty (b) Auxiliary vessels, ten thou- (c) Experimental types, ten The President is authorized to convert not to exceed two hundred thousand tons of existing naval vessels, from among those vessels on the Navy List determined to be best fitted for conversion, to modern naval vessels of the following categories: (a) Combatant vessels, one hun- (b) Auxiliary vessels, seventy- Construction authorized by this section shall be chargeable against tonnages authorized by existing law. Sums heretofore or hereafter appropriated or made available for the commencement of construction or conversion of vessels, machinery, armament, and equipment shall be held and considered to be available for either the construction, the conversion, or the equipment of vessels. THE BILL There is hereby authorized to be SEC. 3. The Act of August 8, 1950 appropriated, out of any money in the (64 Stat. 420) is hereby amended by Treasury not otherwise appropriated, deleting "$350,000,000" and inserting not to exceed the sum of $350,000,000 in lieu thereof "$450,000,000". to be expended for the construction or conversion of the foregoing vessels. O 83D CONGRESS 2d Session } SENATE '{ REPORT No. 1470 PAY OF CERTAIN EMPLOYEES FOR NONWORKDAYS SET BY ADMINISTRATIVE ORDER MAY 27 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. CARLSON, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany H. R. 7554] The Committee on Post Office and Civil Service, to whom was referred the bill (H. R. 7554) to provide for compensation of certain employees on days when departments or establishments of the Government are closed by administrative order, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. STATEMENT The purpose of this legislation is to extend the authority of the act of June 29, 1938, which authorizes holidays with pay for per diem workers, to permit these employees to receive pay for periods where they are relieved or prevented from working by administrative order issued under regulations promulgated by the President. Under the existing law, regular employees of the Federal Government whose compensation is fixed at a rate per day, per hour, or on a piecework basis are permitted time off only on enumerated holidays or days on which agencies are closed by Executive order. No provision is made for time off with pay and without charge against leave when such employees are relieved or prevented from working by administrative order. Departments and agencies have long been authorized to grant time off with pay and without a charge against leave to per annum employees when installations are closed by administrative order. Such authorization has been supported by numerous rulings of the Comptroller General. The Department of Defense, which employs approximately 90 percent of the personnel affected, recommends this legislation as essential to provide equitable treatment for per diem, hourly, and piecework employees. It is particularly important in localities where the prevailing practice among private employers is to compensate workers for such nonworkdays. The bill as reported conforms to the modifying language of the Comptroller General's report in which he suggested that the purpose of the Congress might better be served if the authority proposed to be granted is not confined to situations involving the closing of Government establishments or parts thereof and that it be made subject to regulations promulgated by the President. The bill as it now reads, stating that such administrative orders shall be issued under regulations promulgated by the President, removes isolated administrative discretion as to whether the employees covered are to be paid and creates a uniform practice among employees of the various agencies. The exact cost of this legislation cannot be determined, but the Department of Defense reports that such cost will be negligible and will result in no increase in appropriations. This legislation has the approval of the Bureau of the Budget, the Comptroller General, Civil Service Commission, and the Department of Defense. The Comptroller General's report on this legislation is set forth below. Hon. FRANK CARLSON, COMPTROLLER GENERAL OF THE UNITED STATES, Chairman Post Office and Civil Service Committee, United States Senate. MY DEAR MR. CHAIRMAN: Reference is made to your letter of January 21, 1954, acknowledged by telephone January 26, enclosing copies of S. 2729, 83d Congress, 2d session, and requesting my views and comments thereon. The bill would amend the act of June 29, 1938, 52 Statute 1246, to authorize payment of compensation to regular employees whose compensation is fixed at a rate per day, per hour, or on a piecework basis for days on which they are relieved or prevented from working solely because the department or establishment is closed in whole or in part by administrative order. The matter of administratively excusing such employees from duty without loss of pay or charge to annual leave has been the subject of numerous decisions by the General Accounting Office wherein it was held that, under existing provisions of law, such action was unauthorized. While the situations considered have covered a variety of circumstances, for convenience they may be grouped into three categories. The first involves the matter of excusing individual or small groups of employees for short periods of time, usually less than a day, when an establishment is not necessarily closed, to permit them to participate in blood-donor campaigns, to vote in local, State, or Federal elections, to attend parades in honor of visiting dignitaries and to engage in similar civil activities which the Government is interested in encouraging. The second category, which finds a parallel in private industry, is exemplified by the closing of establishments in whole or in part, sometimes for extended periods, for purely managerial reasons, such as for retooling, taking of inventories, relocations of plants, and for similar purposes. The third comprehends situations where normal operations of an establishment are interruped by events beyond the control of either management or employees. That is, fires, floods, storms, or other natural phenomena resulting from what are usually referred to as acts of God which may or may not require the closing of an establishment. Similar situations frequently arise in the District of Columbia where establishments are closed by administrative order and employees relieved from duty for portions of days because of excessive heat or to ameliorate traffic conditions resulting from snow or sleet storms. In view of the variety of situations which may arise and the absence of any limiting language in the bill as to the extent the authority therein granted may be exercised, it is suggested that the purpose of the Congress might better be served if the authority proposed to be granted is not confined to situations involving the closing of Government establishments or parts thereof and that it be made subject to regulations promulgated by the President. Further, the bill as it now reads leaves it within administrative discretion as to whether the employees covered are to be paid, thus leading to conditions conducive to lack of uniform practice among agencies and dissatisfaction among employees. Consideration well might be given to modifying the language of the bill to read as follows: "That the first section of the Joint Resolution of June 29, 1938 (52 Stat. 1246), is amended by inserting after by Executive order,' the following: 'or any day on which such employees are relieved or prevented from working by administrative order issued under such regulations as may be promulgated by the President,'" The suggested language change is identical with that contained in H. R. 7554, as reported upon, with amendments, by the Committee on Post Office and Civil Service, House of Representatives. See House Report No. 1185, February 8, 1954. I am in favor of the general purposes of the bill. Sincerely yours, LINDSAY C. WARREN, Comptroller General of the United States. CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill as reported are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): FIRST SECTION OF JOINT RESOLUTION OF JUNE 29, 1938 (PUBLIC RES. No. 127, 75TH CONG.; 52 STAT. 1246) That hereafter whenever regular employees of the Federal Government whose compensation is fixed at a rate per day, per hour, or on a piece-work basis are relieved or prevented from working solely because of the occurrence of a holiday such as New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or any other day declared a holiday by Federal statute or Executive order, or any day on which the departments and establishments of the Government are closed by Executive order, or any day on which such employees are relieved or prevented from working by administrative order issued under such regulations as may be promulgated by the Presi dent, they shall receive the same pay for such days as for other days on which an ordinary day's work is performed. |