PERMANENT CLERKS TO REPLACE TEMPORARY EMPLOYEES

Mr. MCMILLAN. Is it your belief that these employees, if allowed, will be permanent in character rather than temporary employees?

Mr. WAGNER. Yes, sir. We have used temporary clerks from time to time, but it is a type of work that is continuous, and cannot be properly done by employing temporary clerks.

STATUS OF WORK OF WASHINGTON OFFICE

Mr. MCMILLAN. How far are you behind in your work now in your different divisions in Washington?

Mr. WAGNER. It varies with different classes of work. We try to keep naturalization work current. Delays in the field hold up the work in the central office. At Ellis Island there are some 62,000 applications pending for certificates of arrival to be used in connection with applications for naturalization, and our New York City office has 25,000 applications for naturalization awaiting examination of petitioners and witnesses.

EXTRA COMPENSATION FOR IMMIGRANT INSPECTORS AND OTHER EMPLOYEES

Mr. MCMILLAN. Now, Mr. Wagner, I wish you would give us a brief statement regarding the limitation on page 28, and the reason for the increase from $60,000 to $100,000.

Mr. WAGNER. The permanent Appropriation Repeal Act of 1934 requires that collections from transportation companies for overtime services performed by immigrant inspectors and other employees shall be covered into the Treasury and that payment for such services shall be made from the appropriation on approved vouchers. This item represents no actual expenditure to the Government. The appropriation Act for the fiscal year of 1936 specifies that $60,000 of the amount appropriated shall be available only for the paymnt of extra compensation for overtime services. We have billed the transportation lines over $53,000 for overtime service to the close of December 31, 1935, and from present indications it looks as though $100,000 may not be enough next year. We are asking the Budget at this moment to augment the amount for the current year to $110,000.

REWARDS

Mr. MCMILLAN. How much money have you spent during the past year under your item for rewards?

Mr. WAGNER. $562.

Mr. MCMILLAN. Does this language authorizing you to pay these rewards assist you in the enforcement of the laws?

Mr. WAGNER. Very decidedly.

Mr. MCMILLAN. It does?

Mr. WAGNER. Yes, sir; it does.

UNEXPENDED BALANCE

Mr. MCMILLAN. Mr. Wagner, I wish to ask you if you anticipate any unexpended balance out of your current appropriations?

Mr. WAGNER. That will depend, Mr. Chairman, on what we do in the way of deportations during the latter half of this year. We are

well within our apportionment for the first seven months of the fiscal year and show a balance. That is partly due to the fact that we have not filled a great many vacancies in our immigration border patrol, for lack of properly qualified eligibles.

Mr. MCMILLAN. I see.

Mr. WAGNER. We hope to remedy that within the next few months.

ITEMS OF INCREASE IN ESTIMATE

Mr. MCMILLAN. For the next fiscal year you are asking $9,850,000, or an increase of $355,000 over your current appropriation. I will ask you to give us the break-down for those figures and the justification for it.

Mr. WAGNER. The increase of $355,000 is divided into two groups, $90,025 of that amount being termed mandatory increases, and $274,975 being nonmandatory increases.

The mandatory increases are for immigrant inspector promotions pursuant to law, and they amount to $50,025, and extra compensation for overtime services, $40,000.

Mr. MCMILLAN. Now, Mr. Wagner, the $50,025, to which you referred a moment ago, takes care of automatic promotions, as I understand it.

Mr. WAGNER. Of immigrant inspectors.

Mr. MCMILLAN. Of immigrant inspectors?

Mr. WAGNER. Of immigrant inspectors, yes, sir; as provided by law, and the $40,000 represents the increase in the limitation for the extra compensation for overtime services.

Mr. MCMILLAN. All right, sir.

Mr. WAGNER. The nonmandatory increases total $264,975.

They represent 11 additional clerks in the central office, $15,000, and $249,975 for 127 additional naturalization employees, including supplies, equipment, and traveling expenses. The deficiency bill approved February 11, 1936, authorized this additional personnel, and the same force is carried over into the 1937 estimate.

Mr. BACON. So, there is no increase in your force beyond that which you have now?

Mr. WAGNER. No, sir; except for the 11 employees in the central office.

Mr. MCMILLAN. That is right.

Mr. BACON. I see. Now, on that very point, will your present force be sufficient to handle this job of real magnitude that Colonel MacCormack has described to us?

Mr. MACCORMACK. No, sir.

Mr. BACON. How many additional naturalization inspectors have you asked for that you did not get from the Budget?

Mr. MACCORMACK. I believe we have that here.

Mr. WAGNER. We asked for 50 additional immigrant inspectors for inspection work at border and seaports of entry, because we have been compelled to assign a number of immigrant inspectors to naturalization work. The Budget Bureau approved the additional naturalization examiners we recommended in the estimate.

Mr. BACON. What class of work do those immigration inspectors do in connection with naturalization work? Are they inspectors?

Mr. MACCORMACK. They are making investigations, conducting examinations of applicants, and in some cases are appearing before

the courts. We are trying to build a really combined service, making the staff interchangeable.

Mr. BACON. That is just what I was coming to. I was going to ask why you put them on the immigration staff rather than the naturalization staff, but what you are coming to, is to put the two together, is it?

Mr. MACCORMACK. Yes, sir.

Mr. BACON. They will all be part of one service?
Mr. MACCORMACK. Yes, sir.

Mr. MCMILLAN. Mr. Wagner, I will ask you to insert a table into the record showing these automatic promotions.

Mr. WAGNER. I shall be glad to do that.

Mr. MCMILLAN. As representing the division of this $50,000 item. Mr. WAGNER. Yes, sir.

(The information requested is as follows:)

AUTOMATIC PROMOTION OF IMMIGRANT INSPECTORS

The promotion of immigrant inspectors is authorized by the act of May 29, 1928. The estimated cost of these promotions in 1936, which are carried over into the fiscal year 1937, is $22,825. The cost of promotions effective beginning July 1, 1936, is $27,200. This makes the total of $50,025 set up in the 1937 estimate. The following table gives the average force of immigrant inspectors for 1937 and the number of promotions involved:

Additional amount required to take care of statutory promotions made during the fiscal year 1936_ _ _

27, 200

22, 825

Grand total_

50, 025

EXTRA COMPENSATION FOR OVERTIME SERVICES

Mr. MCMILLAN. Now, will you give us a brief statement, showing how this extra compensation for overtime will be paid, and how you arrive at that $40,000?

Mr. WAGNER. We have already billed the transportation companies over $53,000 for overtime services performed since July 1, 1935. From present indications, we will pay out over $100,000 this year for such service.

Mr. MCMILLAN. What do you mean by overtime services?
Mr. BACON. I can tell you.

Mr. WAGNER. Overtime service means time on duty in addition to the number of hours fixed administratively as the regular work day of inspectors and employees. To constitute overtime there must exist two factors, to wit, (1) time on duty in addition to the number of hours fixed administratively as the regular work day of inspectors and employees; and (2) time on duty for at least 1 hour between 5 p. m. and 8 a. m. on any day. No distinction is made between week days, Sundays, and holidays so far as employment between the hours of 5 p. m. and 8 a. m. is concerned.

Mr. BACON. And also the inspection of trains.

Mr. WAGNER. Yes, sir; when not operating on regular schedules.
Mr. MCMILLAN. How many employees are involved?

Mr. BACON. The transportation companies pay them the overtime, don't they?

Mr. WAGNER. Yes, sir; 501 employees received overtime pay last year.

Mr. MCMILLAN. And that overtime would range from what?

Mr. WAGNER. The average amount earned was $11.75 a month and the highest amount received by any inspector was $67 a month. Mr. MCMILLAN. A month?

Mr. WAGNER. A month per immigrant inspector, but the majority receive considerably less than that sum.

Mr. BACON. As a matter of bookkeeping, do you pay overtime before you collect it from the companies affected, or do you collect it after you pay it?

Mr. WAGNER. We collect it first, deposit the money into the Treasury, and then submit vouchers to the Comptroller General for payment out of the appropriation. That has been the practice since 1935. Prior to that time, the money was deposited in a trust-fund account, and paid out on approved vouchers to employees as earned. Mr. BACON. So the money now goes into the Treasury and then we have to appropriate it?

Mr. WAGNER. Yes, sir. The justification for this item is as follows:

INCREASE IN LIMITATION FROM $60,000 TO $100,000-EXTRA COMPENSATION FOR IMMIGRANT INSPECTORS AND OTHER EMPLOYEES-ACT OF MARCH 2, 1931.

The Permanent Appropriation Repeal Act of 1934 requires that collections from transportation companies for overtime services performed by immigrant inspectors and other employees shall be covered into the Treasury and that payment for such services shall be made from the appropriation on approved vouchers. This item represents no actual expenditure to the Government. The Appropriation Act for the fiscal year 1936 specifies that $60,000 of the amount appropriated shall be available only for the payment of extra compensation for overtime services. The amount billed against the transportation lines for overtime service to the close of December 31, 1935, is $53,085 and it is estimated that at least $100,000 will be earned by June 30, 1936. It is therefore recommended that the limitation be raised from $60,000 to $100,000. As already stated, there is no charge against the appropriation in connection with this item, and the amount paid out on approved vouchers is limited to the amount earned by employees of the Service.

SUPPLIES AND MATERIALS

Mr. MCMILLAN. You have other obligations noted there to the extent of $130,600, Mr. Wagner.

Mr. WAGNER. Yes, sir.

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