EXTENDING

TO COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY THE PROVISIONS OF THE ARMED FORCES LEAVE ACT OF 1946

JUNE 29, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. GARMATZ, from the Committee on Merchant Marine and
Fisheries, submitted the following

REPORT

[To accompany H. R. 2572]

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H. R. 2572) to extend to commissioned officers of the Coast and Geodetic Survey the provisions of the Armed Forces Leave Act of 1946, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to correct an inequity regarding leave for commissioned officers of the Coast and Geodetic Survey which exists as a result of the enactment of the Armed Forces Leave Act of 1946.

Leave provisions for these officers is assimilated by statute to leave provided for officers of the Navy. Before enactment of the Armed Forces Leave Act of 1946 officers of the Navy, as well as officers of the Coast and Geodetic Survey, were authorized by law to accrue leave, at the rate of 30 days a year, in the maximum amount of 120 days. The effect of the Armed Forces Leave Act of 1946 was to cancel all leave in excess of 60 days that officers of the armed forces had to their credit on August 31, 1946, and to authorize payment to be made to those officers for leave in excess of 60 days to their credit on that date.

The Acting Comptroller General has ruled that the cancellation of leave accrued and unused in excess of 60 days as of August 31, 1946, applies to commissioned officers of the Coast and Geodetic Survey as well as to officers of the Navy, but that because of the wording of the act, payment for unused leave in excess of 60 days to officers of

the Coast and Geodetic Survey cannot be made. that

He further states

It is apparent that the failure to include commissioned officers of the Coast and Geodetic Survey within the excess-leave-payment provisions of the said act resulted in inequitable treatment of such officers and this Office perceives no reason why such inequity should not be remedied.

Your committee agrees that this inequity should be remedied, and is satisfied that the wording of the bill will accomplish the purpose intended. The costs arising from payments authorized by the proposed legislation are not expected to exceed $70,000. No additional administrative costs will result.

The Bureau of the Budget has stated it has no objection to enactment of the bill, and the Department of Commerce has recommended approval as evidenced by the following letter from the Secretary of Commerce:

The honorable the SPEAKER,

THE SECRETARY OF COMMERCE,
Washington 25, January 19, 1949.

House of Representatives, Washington, D. C.

DEAR MR. SPEAKER: There is enclosed a draft of a bill to extend to commissioned officers of the Coast and Geodetic Survey the provisions of the Armed Forces Leave Act of 1946, which I recommend for the consideration of the Congress.

Bills identical to the proposed bill were introduced in the Eightieth Congress as S. 2332 and H. R. 6204. After hearings by the Committee on Merchant Marine and Fisheries, the House bill was passed on May 18, 1948, and referred to the Senate Committee on Interstate and Foreign Commerce. No action was taken by the Senate committee before the summer recess.

Need for the legislation arises from the enactment of the Armed Forces Leave Act of 1946, in which no provision is made for leave for commissioned officers of the Coast and Geodetic Survey although leave for these officers is governed by assimilation to leave statutes affecting officers of the Navy.

The Assistant Comptroller General, in his decision B-60861 of Aprù 4, 1947, ruled that the Armed Forces Leave Act of 1946 had the effect of limiting leave for commissioned officers of the Coast and Geodetic Survey to an accumulated total of 60 days, but that the act did not extend to the Secretary of Commerce the authority to make payment for leave previously accumulated in excess of 60 days. Such payment was provided in the act for officers of the Army, Navy, Marine Corps, and Coast Guard. Unless corrective legislation is enacted, commissioned officers of the Coast and Geodetic Survey will therefore lose all leave earned and unused in excess of 60 days as of August 31, 1946. The proposed legislation will place commissioned officers of the Coast and Geodetic Survey on a similar leave basis with officers of the Army and Navy.

The proposed bill provides that payments for unused leave be made from funds appropriated by the act of August 8, 1946 (Public Law 663, 79th Cong.). The estimated cost of the bill is $70,000. It is understood that the appropriation contains a sufficient balance to meet these payments. No additional administrative costs are visualized.

The wording of the proposed bill is as recommended by the Acting Comptroller General.

I am advised by the Director of the Bureau of the Budget that enactment of the legislation in the attached form would not be in conflict with the program of the President.

Sincerely yours,

CHARLES SAWYER,
Secretary of Commerce.

1st Session

No. 951

AUTHORIZING THE PRESIDENT TO APPOINT PAUL A. SMITH AS REPRESENTATIVE OF THE UNITED STATES TO THE COUNCIL OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION WITHOUT AFFECTING HIS STATUS AND PERQUISITES AS A COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY

JUNE 29, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. GARMATZ, from the Committee on Merchant Marine and Fisheries, submitted the following

REPORT

[To accompany H. R. 48291

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H. R. 4829) to authorize the President to appoint Paul A. Smith as representative of the United States to the Council of the International Civil Aviation Organization without affecting his status and perquisites as a commissioned officer of the Coast and Geodetic Survey, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSES OF THE BILL

This bill would authorize the President to appoint Paul A. Smith, a commissioned officer of the Coast and Geodetic Survey, as representative of the United States to the Council of International Civil Aviation Organization without affecting his status and perquisites as an officer of the Coast and Geodetic Survey. This bill further provides that during the time that he holds office pursuant to its provisions he shall have the rank of rear admiral (lower half) and shall receive such compensation and allowances as the Secretary of State shall prescribe as payable from Department of State appropriations. This bill further provides that while performing his duties pursuant to the authority contained in this bill, he shall be subject to no supervision or restriction other than would be operative if he were in no way connected with the Coast and Geodetic Survey.

The State Department has recommended enactment of this bill in a letter to the Speaker of the House of Representatives dated April

13, 1949. This letter is incorporated in this report and is here set forth:

The Honorable SAM RAYBURN,

Speaker of the House of Representatives.

DEPARTMENT OF STATE, Washington, D. C., April 13, 1949.

MY DEAR MR. SPEAKER: I am transmitting herewith a draft of a proposed bill to authorize the President to appoint Paul A. Smith as representative of the United States to the Council of the International Civil Aviation Organization without affecting his status and perquisites as a commissioned officer of the Coast and Geodetic Survey.

The United States Government participates in the meetings of the Council of the International Civil Aviation Organization, which has its permanent offices at Montreal. Since the formation of the Council, a representative of the United States has attended the meetings, and his salary and expenses have been paid from the funds authorized for participation in international activities and organizations by the annual appropriation acts of the Department of State.

After the resignation of Maj. Gen. Laurence S. Kuter, the former representative of the United States to the Council, Rear Adm. Paul A. Smith, an officer in the Coast and Geodetic Survey of the United States, was appointed by the President on September 24, 1948, to serve on an interim appointment to the Council pending the authorization of the appointment by the Congress. Rear Admiral Smith's previous experience with the Organization and background make him especially qualified for the post. A sketch giving biographical data regarding Rear Admiral Smith is enclosed with this letter. The Air Coordinating Committee has recommended the appointment of Rear Admiral Smith as representative to the Council of the International Civil Aviation Organization.

The proposed legislation does not specifically amend or repeal any provisions of existing law

The enclosed bill would authorize Rear Admiral Smith to accept the appointment as representative of the United States to the Council of the International Civil Aviation Organization without affecting any status, office, rank, or grade he may occupy or hold in the Coast and Geodetic Survey of the United States, or any emolument, perquisite, right, privilege, eligibility for promotion or retirement. or other benefits incident to or arising out of such status, office, rank, or grade

The proposed bill provides that Rear Admiral Smith shall have the rank of rear admiral (lower half) of the Coast and Geodetic Survey, and shall receive such compensation and allowances as the Secretary of State shall prescribe. In estimating the salary and allowances, however, the Secretary of State would, of course, be compelled to conform to the standards and restrictions contained in the appropriation acts of the Department of State.

The proposed bill provides further that so long as he remains representative of the United States to the Council, he shall retain his permanent rank and grade or such rank and grade to which he may be promoted by reason of his position on the lineal list of the Coast and Geodetic Survey

The Department of State, with the concurrence of the Coast and Geodetic Survey, recommends that the proposed bill be enacted into law. A similar communication is being sent to the President of the Senate.

The Department has been informed by the Bureau of the Budget that there is no objection to the presentation of this proposal for the consideration of the Congress

Sincerely yours,

JAMES E. WEBB, Under Secretary of State.

BIOGRAPHIC DATA OF REAR ADM. PAUL A. SMITH

Born at Morning Sun, lowa, January 9, 1901.
Education: Morning Sun, Iowa, public schools; University of Michigan B.S.E..

1924.

Married: Sylvia Ralston, July, 1923.

Present occupation: Alternate United States Representative to the International Civil Aviation Organization, 1946 to date.

Previously Student Assistant, Detroit Observatory, 1923; teaching assistant, geodesy and surveying. University of Michigan, 1923-24; hydrographic, topographic, geodetic surveys in United States, Alaska, Philippine Islands, United

States Coast and Geodetic Survey, 1924-39; conducted speed trials or vessels holding ocean mail contracts, 1935-37; technical adviser to Department of Justice, 1937-40; Chief, Aeronautical Chart Branch, United States Coast and Geodetic Survey 1939-45; Assistant to Director, United States Coast and Geodetic Survey, 1945-46; United States Delegate to International Geographical Congress, Amsterdam, 1938; United States Technical Adviser at Second Pan American Consultation on Geography and Cartography. Rio de Janeiro, 1944; United States technical expert and chairman, Aeronautica Maps and Charts Subcommittee, Chicago Aviation Conference, 1944; chairman, Subcommittee on Technical Standards of Aeronautical Charts of the Air Coordinating Committee. 1945; Air Navigation Coordinator of United States Air Coordinating Committee. 1945; United States Representative on the Air Navigation Committee of the PICAO, and its successor, ICAO, 1945 to present.

Chairman of Department of Commerce Science Committee, 1945–46. Member of National Research Council Committee for Study of Paricutin Volcano, 1944-46. Alternate United States Delegate to PICAO North Atlantic Route Service Conference in Dublin, Ireland, March 1946; United States Delegate and Chairman of United States Delegation to PICAO European Mediterranean Route Service Conference in Paris, April 1946; Alternate United States Delegate to First Interim Assembly of PICAO in Montreal, May 1946; Acting United States Representative to Interim Council of PICAO, July to September 1946; United States Delegate to Second Assembly of the ICAO, Geneva, June 1948.

Member: Les Voyageurs, Michigan Union; American Geophysical Union, American Society of Civil Engineers. Tau Beta Pi, Sigma Xi, Philosophical Society of Washington, D. C.