B-136209, JULY 17, 1958, 38 COMP. GEN. 33

B-136209, JULY 17, 1958, 38 COMP. GEN. 33

OFFICERS AND EMPLOYEES - TRAINING - SPECIFIC AUTHORITY - ATOM MERCHANT SHIP'S CREW IN THE ABSENCE OF ANY EVIDENCE OF CONGRESSIONAL INTENT THAT THE TRAINING PROVISION IN THE AUTHORIZATION AND APPROPRIATION ACTS FOR THE CONSTRUCTION AND OPERATION OF A NUCLEAR-POWERED MERCHANT SHIP WAS FOR OTHER THAN THE TRAINING OF OFFICERS AND CREW OF THE SHIP, IT MAY NOT BE CONSTRUED AS AUTHORITY FOR THE TRAINING OF MARITIME ADMINISTRATION PERSONNEL. TO THE SECRETARY OF COMMERCE, JULY 17, 1958:

ON MAY 15, 1958, THE ASSISTANT SECRETARY REQUESTED OUR DECISION CONCERNING THE TRAINING OF PERSONNEL OF THE MARITIME ADMINISTRATION UNDER THE PROVISIONS OF PUBLIC LAW 848, 84TH CONGRESS, 46 U.S.C. 1206.

THE REFERRED-TO STATUTE PROVIDES IN PART AS FOLLOWS:

THERE IS AUTHORIZED TO BE APPROPRIATED TO THE DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION, AND THE ATOMIC ENERGY COMMISSION, SUCH SUMS AS MAY BE NECESSARY, TO REMAIN AVAILABLE UNTIL EXPENDED, FOR THE CONSTRUCTION, OUTFITTING, AND PREPARATION FOR OPERATION, INCLUDING TRAINING OF QUALIFIED PERSONNEL, OF A NUCLEAR-POWERED MERCHANT SHIP CAPABLE OF PROVIDING SHIPPING SERVICES ON ROUTES ESSENTIAL FOR MAINTAINING THE FLOW OF THE FOREIGN COMMERCE OF THE UNITED STATES. * * * ( ITALICS SUPPLIED.)

THE ASSISTANT SECRETARY ASKS WHETHER THE AUTHORITY FOR TRAINING PERSONNEL CONTAINED IN PUBLIC LAW 848 APPLIES TO MARITIME ADMINISTRATION PERSONNEL, AS DISTINGUISHED FROM THE OFFICERS AND CREW WHO ARE TO OPERATE THE VESSEL AS EMPLOYEES OF A STEAMSHIP COMPANY WHICH WILL ENTER INTO AN OPERATION CONTRACT WITH THE ADMINISTRATION.

THE LITERAL LANGUAGE OF PUBLIC LAW 848 AND OF THE RELATED APPROPRIATION ACT DOES NOT CLEARLY INDICATE THE NATURE OF THE PERSONNEL CONTEMPLATED BY THE LEGISLATION. THEREFORE, RESORT MUST BE HAD TO THE LEGISLATIVE HISTORY OF THE PERTINENT ACTS TO ASCERTAIN THE INTENT OF THE CONGRESS.

PRIOR TO THE ENACTMENT OF PUBLIC LAW 848 THERE WAS CONSIDERED IN THAT REGARD BY THE 84TH CONGRESS S. 2523 AND H.R. 6243, THE LATTER BEING ENACTED AS PUBLIC LAW 848. EACH BILL CONTAINED IDENTICAL LANGUAGE CONCERNING THE "* * * CONSTRUCTING, OUTFITTING AND PREPARATION FOR OPERATION, INCLUDING TRAINING OF QUALIFIED PERSONNEL, OF A NUCLEAR POWERED MERCHANT SHIP * * *.'

IN SENATE REPORT NO. 2258, 84TH CONGRESS, PAGE 2, ON S. 2523, THE LANGUAGE QUOTED IMMEDIATELY ABOVE WAS EXPLAINED AS PROVIDING AUTHORITY FOR THE APPROPRIATION OF NECESSARY FUNDS "FOR CONSTRUCTING AND OUTFITTING A NUCLEAR-POWERED MERCHANT SHIP AND FOR TRAINING OF QUALIFIED PERSONNEL FOR ITS OPERATION.' ( ITALICS SUPPLIED.)

IN EXPLAINING THAT LANGUAGE IN H.R. 6243, ON THE FLOOR OF THE HOUSE, MR. BONNER, THE CHAIRMAN OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, STATED, IN PART (101 CONGRESSIONAL RECORD 10807 (1955) ):

ALSO, IT IS NECESSARY TO BEGIN PREPARATION FOR THE TRAINING OF CREWS OR A CREW TO HANDLE A VESSEL OF THIS TYPE. I UNDERSTAND, AND WE HAVE BEEN TOLD, THAT THE CREW OF THE NAUTILUS WAS ASSEMBLED AND TRAINED FOR A YEAR OR 18 MONTHS BEFORE THEY WERE PLACED ABOARD THE SHIP TO OPERATE IT. THIS BILL LIKEWISE GIVES THE MARITIME ADMINISTRATION AUTHORITY TO TRAIN A CREW FOR THE OPERATION OF NUCLEAR SHIPS * * *.

THE APPROPRIATION FOR THE AUTHORIZATION IN PUBLIC LAW 848, 46 U.S.C. 1206, WAS CONSIDERED UNDER H.R. 12350, AND WAS ENACTED AS THE SECOND SUPPLEMENTAL APPROPRIATION ACT, 1957, 70 STAT. 764. THAT PART OF THE ACT WHICH RELATES TO THE MARITIME ADMINISTRATION PROVIDES:

SHIP CONSTRUCTION: FOR AN ADDITIONAL AMOUNT FOR " SHIP CONSTRUCTION" FOR DESIGN, CONSTRUCTION, OUTFITTING, AND PREPARATION FOR OPERATION OF A NUCLEAR-POWERED MERCHANT SHIP, $18,000,000 TO REMAIN AVAILABLE UNTIL EXPENDED. * * * PROVIDED FURTHER, THAT THIS PARAGRAPH SHALL BE EFFECTIVE ONLY UPON ENACTMENT INTO LAW OF H.R. 6243 ( PUBLIC LAW 848), EIGHTY-FOURTH CONGRESS.

THE SENATE REPORT ON H.R. 12350 (PAGE 4 OF SENATE REPORT NO. 2770), READS, IN PART, AS FOLLOWS:

THE COMMITTEE RECOMMENDS AN APPROPRIATION OF $22,000,000, THE AMOUNT OF THE BUDGET ESTIMATE TRANSMITTED IN SENATE DOCUMENT 143. THE AMOUNT RECOMMENDED WILL PROVIDE FOR THE EXPENSES OF THE MARITIME ADMINISTRATION IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF THE HULL OF A NUCLEAR- POWERED MERCHANT SHIP, AS WELL AS CREW TRAINING AND ADMINISTRATIVE EXPENSES. THE APPROPRIATION IS CONTINGENT UPON ENACTMENT INTO LAW OF H.R. 6243, 84TH CONGRESS. * * * ( ITALICS SUPPLIED.)

SENATE DOCUMENT NO. 143, 84TH CONGRESS, ENTITLED COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES, CONCERNING THE PROPOSED SUPPLEMENTAL APPROPRIATION AND AUTHORIZATION, READS IN PART AS FOLLOWS, ON PAGE 7:

THE CONSTRUCTION OF A NUCLEAR-POWERED MERCHANT SHIP WOULD BE AUTHORIZED BY H.R. 6243. THE ATOMIC REACTOR AND PROPULSION MACHINERY FOR THIS IS TO BE FINANCED BY THE ATOMIC ENERGY COMMISSION. THIS PROPOSED SUPPLEMENTAL APPROPRIATION IS NEEDED TO PROVIDE FOR EXPENSES OF THE MARITIME ADMINISTRATION IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF THE HULL, CREW TRAINING, AND ADMINISTRATION OF THIS PART OF THE PROGRAM. ( ITALICS SUPPLIED.)

THE HEARINGS BEFORE THE COMMITTEE ON APPROPRIATIONS OF THE SENATE ON H.R. 12350, 84TH CONGRESS, SHOW, ON PAGE 532, IN JUSTIFYING THE REQUEST FOR SUMS FOR DESIGN, CONSTRUCTION, OUTFITTING, AND PREPARATION FOR OPERATION OF A NUCLEAR-POWERED MERCHANT SHIP THAT THE DEPARTMENT OF COMMERCE MADE THE FOLLOWING STATEMENT:

3. TRAINING OF SHIP OPERATING CREW--- $800,000. NUCLEAR-POWERED MERCHANT SHIPS WILL REQUIRE SHIPBOARD TECHNICIANS SPECIALLY TRAINED IN THIS NEW FIELD. THE TRAINING PROGRAM PROPOSED HEREIN IS NECESSARY TO ASSURE THE AVAILABILITY OF A COMPETENT CREW TO OPERATE THE NEW SHIP. THIS PROGRAM, TOGETHER WITH ACTUAL OPERATING EXPERIENCE, WILL BE OF BENEFIT IN DETERMINING CREW REQUIREMENTS AND TYPE OF TRAINING REQUIRED FOR THE NUCLEAR MERCHANT FLEETS OF THE FUTURE. TRAINING OF THE CREW WILL BE CONDUCTED AT ATOMIC ENERGY POWER PLANTS, AT THE PLANTS OF MACHINERY MANUFACTURERS, AND ON THE SHIP AS IT PROGRESSES UNDER CONSTRUCTION.

THE ASSISTANT SECRETARY OF THE DEPARTMENT IN TESTIFYING BEFORE THE COMMITTEE SAID:

WE ARE HERE ASKING FOR A SUPPLEMENTAL ON SHIP CONSTRUCTION FOR THE MARITIME ADMINISTRATION. THE PROPOSED SUPPLEMENTAL APPROPRIATION IS NEEDED TO PROVIDE FOR EXPENSES OF THE MARITIME ADMINISTRATION IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF THE HULL, CREW TRAINING, AND THE ADMINISTRATION OF ITS PART OF THE PROGRAM. ( ITALICS SUPPLIED.)

IN VIEW OF THE FOREGOING EXPRESSIONS AND IN THE ABSENCE OF ANY REFERENCE TO TRAINING MARITIME ADMINISTRATION PERSONNEL, WE MUST CONCLUDE THAT THE ONLY TRAINING AUTHORIZED BY PUBLIC LAW 848 AND FOR WHICH FUNDS WERE APPROPRIATED IN THE SECOND SUPPLEMENTAL APPROPRIATION ACT, 1957, IS THAT CONCERNING THE OFFICERS AND CREWS WHO ARE TO OPERATE THE SHIP.

THEREFORE, THE ASSISTANT SECRETARY'S INQUIRY MUST BE ANSWERED IN THE NEGATIVE.

WE SHOULD LIKE TO DIRECT YOUR ATTENTION TO THE GOVERNMENT EMPLOYEES TRAINING ACT, APPROVED JULY 7, 1958, PUBLIC LAW 85-507, 5 U.S.C. 2301 NOTE, WHICH AUTHORIZES AGENCY-WIDE TRAINING OF GOVERNMENT EMPLOYEES. THIS ACT WOULD APPEAR TO INCREASE THE MARITIME ADMINISTRATION'S AUTHORITY FOR EMPLOYEE TRAINING BEYOND THAT CONTAINED IN SECTION 201 (E) OF THE MERCHANT MARINE ACT, 1936, 46 U.S.C. 1111 (E), WHICH IS REPEALED AS PROVIDED IN SECTION 21 (A) OF THE ACT, 72 STAT. 337.