WILLIAM HILLOCK JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEEFE, from the Committee on Claims, submitted the following REPORT [To accompany S. 2061] The Committee on Claims, to whom was referred the bill (S. 2061) for the relief of William Hillock, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay to William Hillock, of Watertown, S. Dak., the sum of $90, in full settlement of his claim against the United States for 90 hours of overtime work on various dates from July 1, 1936, to August 16, 1936, while employed as a carpenter on a sewer and water project constructed at the Pine Ridge Indian Agency. The facts are fully set forth in Senate Report No. 327, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 327, 76th Cong., 1st sess.] The records of the Department show that Mr. Hillock was employed by the Office of Indian Affairs as carpenter in charge of a water and sewer system project at the Pine Ridge Agency, Pine Ridge, S. Dak. During the course of his employment Mr. Hillock was required to perform 90 hours of overtime work on various dates from July 1, 1936, to August 16, 1936, inclusive. The overtime work was ordered by the Government representative on the site because quicksand was being encountered in the excavation which necessitated the running of a pump 24 hours a day. The pump required constant care and frequently had to be cleaned and repaired. Mr. Hillock was the only person readily available who was qualified to make the repairs as occasion demanded. Mr. Hillock filed a claim with the Office of Indian Affairs for $90 compensation for the overtime work performed and the claim was submitted to the General Accounting Office by the Indian Office with the recommendation that it be allowed. The claim, however, was disallowed on the ground that the Government representative on the site had no authority to require employees to work in excess of 40 hours per week, or to work on Sundays, and that if overtime services were rendered compensatory time off without loss of pay should have been allowed. The Acting Secretary of the Interior states that "In view of the fact that the work was ordered and performed to protect the interest of the Government, I recommend the enactment of S. 2061." Your committee concur in the recommendation of the Department. The letter of the Acting Secretary of the Interior is appended hereto and made a part of this report. DEPARTMENT OF THE INTERIOR, Hon. M. M. LOGAN, Washington, April 26, 1939. Chairman, Committee on Claims, United States Senate. MY DEAR MR. CHAIRMAN: Further reference is made to your request for a report on S. 2061 for the relief of William Hillock. Mr. Hillock was employed by the Office of Indian Affairs as carpenter in charge of a water and sewer system project at the Pine Ridge Agency, Pine Ridge, S. Dak. The project was financed from an allotment of funds made to the Indian Service under the provisions of the National Industrial Recovery Act. During the course of his employment Mr. Hillock was required to perform 90 hours of overtime work on various dates from July 1, 1936, to August 16, 1936, inclusive. The overtime work was ordered by the Government representative on the site, because quicksand was being encountered in the excavation which necessitated the running of a pump 24 hours a day. The pump required constant care and frequently had to be cleaned and repaired. Mr. Hillock was the only person readily available who was qualified to make the repairs as occasion demanded. Mr. Hillock filed a claim with the Office of Indian Affairs for $90 compensation for the overtime work performed and the claim was submitted to the General Accounting Office by that Office with the recommendation that it be allowed. The Acting Comptroller of the United States disallowed the claim, however, stating in his letter of March 22, 1939, to Mr. Hillock that the Government representative on the site had no authority to require employees to work in excess of 40 hours per week, or to work on Sundays, and that if overtime services were rendered compensatory time off without loss of pay should have been allowed. In view of the fact that the work was ordered and performed to protect the interest of the Government, I recommend the enactment of S. 2061. Sincerely yours, HARRY SLATTERY, Acting Secretary of the Interior. THOMAS J. SMITH JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. ROCKEFELLER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2440] The Committee on Claims, to whom was referred the bill (H. R 2440) for the relief of Thomas J. Smith, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all the language of the bill after the enacting clause and insert in lieu thereof the following: That Thomas J. Smith, of Mankato, Kansas, is hereby relieved of the charge against him in the amount of $69, representing the amount paid to him by the United States as an employee of the Soil Conservation Service, Department of Agriculture, for per diem in lieu of subsistence, at the rate of $3 per day for the period March 22 to April 15, 1936, in connection with travel incident to change of duty station from Mankato to Salina, Kans, and while at Salina. The purpose of the proposed legislation is to relieve Thomas J. Smith of the charge against him in the amount of $69, representing the amount paid to him by the United States as an employee of the Soil Conservation Service, Department of Agriculture, for per diem in lieu of subsistence, at the rate of $3 per day for the period March 22 to April 15, 1936, in connection with travel incident to change-ofduty station from Mankato to Salina, Kans., and while at Salina. STATEMENT OF FACTS According to the report of the Department of Agriculture Mr. Smith, prior to March 22, 1936, was employed as an assistant messenger at the Soil Conservation Service project at Mankato, Kans. Due to certain changes in this project office the need for his services at that point ceased and he was sent to the Soil Conservation office at Salina, Kans., at which point he entered on duty on March 22, 1936, and was employed as an under mimeograph operator. On April 14, 1936, it was determined that Mr. Smith's headquarters should be changed to Salina, Kans., with a reclassification of his duties to conform to the work he was then performing, and such action was accordingly instigated. The Department further reports that during the time this action was pending it was determined that Mr. Smith was not suited to the position for which he had been recommended and the action for his transfer and reclassification was canceled and a request made that he be terminated from his position at Mankato, Kans., since the need for his services had ceased to exist due to a reduction in force. This latter action was pending for some time and Mr. Smith was finally terminated from the Soil Conservation Service on March 12, 1937. When Mr. Smith was sent to the Salina office he was given travel authority which entitled him to per diem expenses. He was paid traveling expenses for the period from March 22 to April 15, 1936, at the rate of $3 per diem, amounting to $69. Mr. Smith then filed a claim in the amount of $813 for the same rate of per diem expenses for the period from April 16, 1936, to February 6, 1937. It has been held that in order to entitle an employee to per diem he must have a permanent station at which he has definite duties to perform and his absence therefrom must be of a temporary nature. In spite of the fact that Mr. Smith was sent to Salina under a travel authorization, the General Accounting Office held that the nature of his duties at Salina had no relation to the duties at Mankato and that his position at Mankato wsa terminated and he was transferred and reappointed to a separate and distinct position at Salina, making his headquarters automatically change from Mankato to Salina. was ruled, therefore, that not only would Mr. Smith's claim for $813 be denied, but that the United States file a claim against him in the amount of $69 for reimbursement of the per diem expenses already paid to him. It Your committee is of the opinion that the claimant should not be required to refund the money which was paid to him under a travel authorization issued to him, and the amended bill is designed to relieve him of this obligation. It will be noted that the original bill was introduced to provide for the payment of $813 to Mr. Smith, which payment is not recommended by your committee. Appended hereto is the report of the Department of Agriculture, together with other pertinent correspondence. Hon. AMBROSE J. KENNEDY, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Claims, House of Representatives. DEAR MR. KENNEDY: There are enclosed, for your consideration in connection with bill (H. R. 2440) for the relief of Mr. Thomas J. Smith, copies of all correspondence on file in this Department relative to this case, together with a copy of voucher No. 13181, in the amount of $813, covering Mr. Smith's claim for per diem while stationed at Salina, Kans., during the period April 16, 1936, to February 6, 1937. This file is forwarded in accordance with your request of Feb ruary 14, 1939. As evidenced by the attached file, Mr. Smith, prior to March 22, 1936, was employed as an assistant messenger at the Soil Conservation Service project at Mankato, Kans. Due to certain changes in this project office, the need for his services at that point ceased, and he was sent to the Soil Conservation Service |