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1st Session

No. 1142

REIMBURSEMENT TO EMPLOYEES OF THE BUREAU OF
RECLAMATION FOR MILEAGE
VATELY OWNED AUTOMOBILES

TRAVELED IN PRI

JULY 13, 1939.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MURDOCK of Arizona, from the Committee on Irrigation and Reclamation, submitted the following

REPORT

[To accompany H. R. 3391]

The Committee on Irrigation and Reclamation, to whom was referred the bill (H. R. 3391) providing payment to employees of the Bureau of Reclamation, for mileage traveled in privately owned automobiles, having considered the same, report thereon with a recommendation that it do pass.

The circumstances upon which this bill is predicated are as follows: In the interest of practical economy and efficient business administration in the conduct of operations it had been the practice of the Bureau of Reclamation to authorize employees to use their personally owned automobiles for travel to and from their official headquarters to their designated work. To sanction this practice there was incorporated in the Interior Department Appropriation Act for the fiscal year 1932 the following provision:

Whenever, during the fiscal year ending June 30, 1932, the Commissioner of the Bureau of Reclamation shall find that the expenses of travel, including the local transportation of employees to and from their homes to the places where they are engaged on construction or operation and maintenance work, can be reduced thereby, he may authorize the payment of not to exceed 3 cents per mile for a motorcycle or 7 cents per mile for an automobile used for necessary official business.

Substantially similar provisions had been incorporated in the appropriation acts for prior years. Under this authority it had been the customary and continuous practice to pay project-operating employees for the use of their privately owned automobiles or motorcycles when such use had been authorized in the performance of their duties and no Government-owned motorcycle or automobile was available. The travel for which it has been customary to make payment to employees

may be divided into two distinctive classes: (1) That of drag-line or ditch-cleaner operators, and (2) that performed by the project operating employees or water masters and assistant water masters.

The Comptroller General, in decision of April 30, 1932, A-41688, held that the provision quoted from the appropriation act did not authorize payment for services of the character indicated for the reason that the act of February 14, 1931 (46 Stat. 1103), effective July 1, 1931, only authorized payment when employees were engaged in necessary travel away from their headquarters. It will be noted that the general act of February 14, 1931, by coincidence, was approved on the same day as the appropriation act for the fiscal year 1932, already mentioned.

Relying upon the practice that had long prevailed and what was believed to be specific authority, employees were engaged with their automobiles and motorcycles prior to the decision of the Comptroller General. The present bill is designed merely to relieve suspensions and disallowances in the accounts of special fiscal agents on account of travel expense incurred prior to the Comptroller General's decision mentioned, and is not intended to modify the procedure enjoined in the Comptroller General's decision as to travel thereafter. It seems manifestly just that these fiscal agents receive relief to the extent authorized by the bill.

This bill has been recommended previously for favorable consideration by the Secretary of the Interior, who advised that the Acting Director of the Budget stated it would not be in conflict with the financial program of the President.

O

PROTECTION OF WITNESSES BEFORE CONGRESS AND ADMINISTRATIVE AGENCIES

JULY 13, 1939.-Referred to the House Calendar and ordered to be printed

Mr. HOBBS, from the Committee on the Judiciary submitted the following

REPORT

[To accompany H. R. 6832]

The Committee on the Judiciary, to whom was referred the bill (H. R. 6832) to provide for the protection of witnesses appearing before any department, independent establishment, or other agency of the United States, or the Congress of the United States, after consideration report the same favorably with the recommendation that the bill do pass.

This proposed legislation simply extends the protection now provided by law for witnesses in Court proceedings, to witnesses in proceedings before either House of Congress or committees of either House (or joint committees), and to witnesses in proceedings before administrative agencies of the Government.

The need of outlawing intimidation and corruption applies to every witness. The noncourt witness is entitled to exactly the same protection as is the court witness. There is no distinction nor difference. The cause of justice requires that every witness should testify without fear or interference. The stream of justice must be kept pure.

The reported bill has the approval of the Attorney General, the committee on jurisprudence and law reform of the American Bar Association, and the Bar Association of the District of Columbia.

A communication from the Attorney General with regard to the bill is attached to this report.

This bill was ordered reported favorably, without a dissenting vote.

H. Repts., 76–1, vol. 5-77

OFFICE OF THE ATTORNEY GENERAL,
Washington, D. C., June 27, 1959.

Hon. HATTON W. SUMNERS,
Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This acknowledges your request for my views concerning a bill (H. R. 6832) to provide for the protection of certain witnesses. Under existing law it is a criminal offense corruptly or by threats to influence, intimidate, or impede any witness in any court of the United States (U. S. C., title 18, sec. 242).

The bill under consideration proposes to enact a similar provision in respect to witnesses appearing before a Government department or agency, or before a congressional committee.

I deem this legislation to be in the public interest, and accordingly recommend favorable action on the measure.

Sincerely,

FRANK MURPHY,

Attorney General.

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PROVIDING A POSTHUMOUS ADVANCEMENT IN GRADE FOR THE LATE ENSIGN JOSEPH HESTER PATTERSON, UNITED STATES NAVY

JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BATES of Massachusetts, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 7052]

The Committee on Naval Affairs, to whom was referred the bill (H. R. 7052) to provide a posthumous advancement in grade for the late Ensign Joseph Hester Patterson, United States Navy, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill, H. R. 7052, is to authorize the President to issue a posthumous commission as a lieutenant (junior grade) to the late Ensign Joseph Hester Patterson, United States Navy, who died as a result of the sinking of the U. S. S. Squalus off Portsmouth, N. H. on May 23, 1939.

Ensign Patterson graduated with honors from the United States Naval Academy and was commissioned an ensign in the Navy on June 4, 1936. But for the accident which resulted in his death he would have been eligible for promotion to the grade of lieutenant (junior grade) in the Navy on June 4, 1939. He had successfully passed all examinations required by law for such promotion.

Ensign Patterson's service since his graduation from the Naval Academy was entirely honorable. He was a proficient officer who would, in all probability, have risen to occupy a high position in his chosen profession. It appears that the unfortunate accident which befell the Squalus was in no way attributable to fault or negligence on the part of Ensign Patterson.

The committee feel that the award of a posthumous commission in the grade which would have been attained by Ensign Patterson within 12 days after his death is but a slight token of appreciation of his honorable service and ventures to express the hope that such an

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