75TH CONGRESS HOUSE OF REPRESENTATIVES 3d Session LIGHTHOUSE SERVICE { REPORT No. 2241 APRIL 26, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. BLAND, from the Committee on Merchant Marine and Fisheries, submitted the following REPORT [To accompany H. R. 9973] The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H. R. 9973) to improve the efficiency of the Lighthouse Service, and for other purposes, having had the same under consideration, report it back to the House with one amendment and, as so amended, recommend that the bill do pass. The amendment proposed by your committee is as follows: Section 4, which is stricken out by the proposed amendment, would amend section 4661 of the Revised Statutes so that any lighthouse, beacon, public pier, or landmark might be erected on land lying under navigable waters without obtaining a cession or permission from any State or other agency which might be affected or from any private lessee of such ground whose use of the land might be prejudiced. Your committee feel that the proposed section 4 may be so far reaching that it should not be enacted into law until full opportunity has been given to all possible interests to be heard. In a letter dated March 7, 1938, to the Speaker of the House of Representatives, appended below as a part of this report, the Acting Secretary of Commerce recommended the introduction and enactment of this legislation, stating that the Bureau of the Budget had advised that there would be no objection by that office to the transmittal of the proposed legislation to Congress. Section 1 authorizes an appropriation of not more than $1,500 for the payment of actual and necessary traveling expenses of new appointees from ports of embarkation in the United States to districts outside the continental limits of the United States. Section 2 authorizes an appropriation of not more than $2,500 for transportation to school of children of lighthouse keepers at isolated light stations. Section 3 retains essentially the existing commuted system of subsistence or management of the mess affairs, including the purchase of food supplies, notwithstanding the provisions of the act of June 26, 1934 (48 Stat. 1233), which would otherwise treat the payments in commutation of subsistence as trust funds, set up different requirements for the expenditure of and accounting for such moneys, and render them subject to virtually all the regulations and restrictions affecting appropriated moneys, including the bonding of the officers in charge of the messes. The letter of the Acting Secretary of Commerce sets out in full the need for the legislation proposed. Your committee concur in the reasons therein expressed except as to section 4 and, considering the proposed sections 1, 2, and 3 desirable and equitable, recommend the enactment of this bill. Your committee are advised that as to section 3, the proposed section merely restores a practice that has been pursued for many years, but which the Acting Comptroller holds should not be followed without affirmative legislation. Section 3 of the bill affords the affirmative legislation desired. The letter of the Acting Secretary of Commerce, referred to above, follows: Hon. W. B. BANKHEAD, Speaker, House of Representatives, DEPARTMENT OF COMMERCE, Washington, D. C. MY DEAR MR. SPEAKER: Enclosed are a draft of proposed bill to improve the efficiency of the Lighthouse Service, and for other purposes, and an explanatory statement from the Bureau of Lighthouses, this Department, with regard thereto, in which I concur. The Department favors the enactment of the proposed bill, and the enclosed explanatory statement may be of assistance to you in your consideration of the matter. The Bureau of the Budget has advised that there would be no objection by that office to the transmittal of the proposed legislation to Congress. Cordially yours, J. M. JOHNSON, Acting Secretary of Commerce. EXPLANATORY STATEMENT TO ACCOMPANY DRAFT OF PRoposed LegiSLATION, TO IMPROVE THE EFFICIENCY OF THE LIGHTHOUSE SERVICE, AND FOR OTHER PURPOSES SECTION I. TRAVEL EXPENSES TO FIRST POST OF DUTY, ISOLATED STATIONS Due to the extremely isolated location of certain light stations, there is no regular mode of transportation available, and it is necessary for keepers being assigned to duty, including new appointees, to travel by irregular modes of transportation which are generally very expensive. On this account, and due to the unusual circumstances in these isolated sections of the country, the charges are exceedingly high and for this reason the Service has experienced considerable difficulty in obtaining suitable appointees for these positions. It is believed that this legislation will not only remove a disparity in conditions of service, but will greatly strengthen the personnel of the Service at such stations. A suitable limit on the maximum expenditure for this purpose has been included, and it is restricted to districts outside the continental limits of the United States, the expense to begin at ports of embarkation in the United States. SECTION 2, TRANSPORTATION OF CHILDREN OF LIGHTHOUSE KEEPERS It is well known that many lighthouses are in isolated locations and that the opportunity and facilities for the children of the keepers at such stations to obtain ordinary schooling are decidedly limited. A certain responsibility on the part of the Government to ameliorate this situation has heretofore been recognized by Congress, which has provided in the same appropriation for library books for light stations and light vessels and for the traveling expenses of teachers while instructing children of keepers of lighthouses. The latter provision was first enacted in 1918, and while it has proved of some benefit to the cildren of lighthouse keepers, the instances where the local authorities will provide a teacher to instruct such children or where the keepers have means to employ such teachers are few in number and the advantages gained from this provision have been distinctly limited. In 1918 the automobile as a common means of conveyance had not come into general use, and passable highways in remote localities were rare, but at the present time it is within the means of many lighthouse keepers, and highways have been vastly improved so that this means of transportation makes it easier to transport children to the school than to bring the teacher to the children; and concurrently there has been very considerable concentration of schools into larger units often more remote from light stations. In the regulations to be prescribed by the Secretary, in the event of enactment of this legislation, care would be taken to fix reasonable conditions and moderate expense allowances, with a view to preventing any abuse. It is probable that in most cases a reasonable allowance for gasoline for transportation by privately owned automobiles would be the provision made. The proposed limitation of $2,500 in a fiscal year is considered to be conservative and a safeguard against any excessive expenditure. SECTION 3, EXPENDING AND ACCOUNTING FOR COMMUTED SUBSISTENCE FUNDS The appropriation, "General expenses, Lighthouse Service" (act June 16, 1937, Public, No. 153, and prior annual appropriation acts), contains the following provision: "Rations and provisions or commutation thereof for working parties in the field, officers and crews of light vessels and tenders, and officials and other authorized persons of the Lighthouse Service on duty on board of such tenders or vessels, and money accruing from commutation for rations and provisions for the abovenamed persons on board of tenders and light vessels or in working parties in the field may be paid on proper vouchers to the person having charge of the mess of such vessel or party.' The first act containing this provision was the act of August 24, 1912 (37 Stat. 469), so that the authority for a commuted system of subsistence and the procedure established thereunder have been in effect for 25 years. Commutation payments have been understood to constitute moneys so paid to be private property not subject to accountability as Government funds, though not inconsistent with reasonable administrative supervision as may be deemed advisable. Suitable administrative regulations have been issued and are contained in Regulations for the Lighthouse Service, 1927, articles 363, 364. Under this system the management of the mess affairs, including the purchasing of food supplies, is in the hands of the men who are subsisted, and one of their members, usually the commanding officer, is designated as the officer in charge. Money accruing from the commutation payments is deposited in a bank account to the credit of such officer and he makes necessary payments therefrom by check. Audit of his accounts is made by a committee composed of members from the ship and is reviewed in a further examination by the district office staff. In the 25 years during which this system has been in operation with satisfactory results and with a minimum of clerical and other labor, there have occurred only a very few minor irregularities, and these have been remedied or adjusted without loss to the messes involved. By letter of August 4, 1937 (A-44005), the Acting Comptroller General of the United States advised the Secretary of Commerce that the payments in commutation of subsistence are to be treated as trust funds under the provisions of the act of June 26, 1934 (48 Stat. 1933), and he prescribed therein certain requirements for the expenditure of and accounting for such moneys, rendering them subject to virtually all the regulations and restrictions affecting appropriated moneys, including the bonding of the officers in charge of the messes. Owing to evident increase in clerical and office labor entailed by the change in procedure prescribed by the General Accounting Office, which the present staff of the Lighthouse Service would be unable to handle and which would require an increase in personnel, the matter was taken up further with the General Accounting Office which has advised that the matter will be held in abeyance pending effort to obtain legislation, with the understanding that officers in charge of mess will be bonded and the mess funds will be deposited with a designated Government depository. Measures to accomplish these two features for safeguarding the mess funds are being carried out. In view of the past satisfactory history of the present mess system, its simplicity and economy of operation, its well-proven adaptability to conditions prevailing in the Lighthouse Service, and the apparent increase in cost of personnel to comply fully with the requirements of the General Accounting Office for the handling of mess moneys according to the procedure governing trust funds under the act of June 26, 1934, it is recommended that the proposed legislation, which would retain essentially the existing system, under the control of the Secretary of Commerce, be approved. SECTION 4, WAIVING REQUIREMENT FOR STATE CESSION OF JURISDICTION, SITES UNDER WATER The statutory provision covered in Revised Statutes, section 4661, was originally enacted March 3, 1821, and would seem to have had special reference to sites situated on land, but did not make any distinction with respect to such sites and sites under water. The activities of the Lighthouse Service necessarily require the use of many sites lying under navigable waters. Obtaining cession of jurisdiction from the several States frequently entails a long drawn-out procedure, in some cases involving a special grant by the State legislature. It appears that on this account and due to emergency situations a number of sites under water have been occupied by the Lighthouse Service for which cession of jurisdiction was not obtained; and this would seem also to be the case as to the erection of structures specified in Revised Statutes 4661 by other departments of the Government. In the Lighthouse Service sites under water occupied for aids to navigation are for the most part small in area, seldom over 100 feet square. The Attorney General has stated that "It cannot be doubted that the Congress under its power to regulate commerce may authorize the occupation of land lying under navigable waters for structures in aids to navigation. It may indeed authorize such use of lands under navigable waters within the limits of any State without making compensation therefor whether the title be vested in the State or in individuals" (Op. Atty. Gen. Apr. 11, 1917). Since Congress has such authority, it would appear that no essential purpose is served in requiring the cession of jurisdiction of sites lying under navigable waters, and that an exception to the requirements of Revised Statutes, section 4661, might properly be made with respect to such sites. The legislation submitted, which consists of the addition of the proviso to Revised Statutes, section 4661, would simplify procedure in the Lighthouse Service and rectify the status of a number of sites heretofore occupied for structures in aid of navigation. 75TH CONGRESS 3d Session } HOUSE OF REPRESENTATIVES { REPORT No. 2242 INCREASE STRENGTH OF THE AIR CORPS APRIL 27, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MAVERICK, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 10189] Unanimously the Committee on Military Affairs approves this bill, introduced by the chairman of this committee, Mr. May, which in effect increases the present enlisted strength of the Air Corps by 3,000 enlisted men. This increase is necessary, and is moderate. The National Defense Act fixed the enlisted strength of the Air Corps at 16,000, with a leeway of increase or decrease by the President of 15 percent; 18,400 enlisted men is the maximum authorization. All this was done upon a basis of 1,800 planes, in 1926. Now 2,320 planes have been authorized, and by 1940 these planes will be in operation. Hence the necessity for the increase. This does not authorize an increase in the enlisted strength of the Army, merely the transfer of enlisted men of other branches of the Army to the Air Corps. No commitment of the Budget is necessary. On behalf of the committee I offer this, with a letter of explanation by the War Department to follow. The committee urges the adoption of this bill by Congress. |