88t ii C o n g r e s s ) HOUSE OF REPRESENTATIVES j D o c u m e n t 9jI Session j ( N o . 334

ANTHONY F. BERNARDO AND AMBROSE A. CERRITO

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

BETURNING

W ITHOUT A P P R O V A L T H E B IL L (H .R . 4501) F O R T H E R E L IE F OF 

A N T H O N Y F. B E R N A R D O A N D A M B R O SE A. C E R R IT O

August 6, 1964.— R eferred to th e C om m ittee on the Judiciary an d ordered to be 

p rin ted together w ith the accom panying bill

To the House of Representatives:

I am returning, without my approval, enrolled bill H.R. 4501, for the relief of Anthony F. Bernardo and Ambrose A. Cerrito. These employees, while assigned by the Navy Department to McMurdo Sound, Antarctica, worked many extra hours to complete their assignment within a very short period. Because of a statutory ceiling on their aggregate base pay and overtime pay within each 2-week pay period, however, they could not be compensated for all of their extra hours. Many other employees, similarly motivated and similarly dedicated, in our national defense programs, in our space programs and in our national emergencies caused by floods and fires, have voluntarily worked long hours of overtime without being compensated, because of the statutory prohibition. This is unfortunate, but unavoidable, so long as the limitation upon salaries in the law remains in existence. It would be highly preferential to permit payment to Mr. Bernardo and Mr. Cerrito while denying it to the thousands of others employed under similar circumstances. Regretfully, therefore, I am constrained to veto the legislation.

L y n d o n B. J o h n s o n .

T h e W h i t e H o u s e , August 6, 1964.

35-011
2 ANTHONY F. BERNARDO AND AMBROSE A. CERRITO

H .R . 4501

E ig h ty-E ig h th C o n g re ss of th e U n it e d S t a t e s o f A m e r ic a, a t t h e S econd

S e s s io n , B e g u n a n d H el d a t t h e City of Wa sh in g t o n on T u e s d a y, the

S e v e n t h D a y of Ja n u a r y, On e T h o u sa n d N in e H u n d r e d a n d Six t y-F our

AN ACT For the relief of Anthony V . Bernardo and Ambrose A. Cerrito

Be it enacted by the Senate and House of Representatives o f the U nited States of America in Congress assembled, T h a t the S ecretary of the T reasu ry is authorized and directed to pay, o ut of any m oney in the T reasury not otherw ise ap pro priated , to A nthony F. B ernardo, supervisor eq uipm en t specialist “ g en eral” , GS-9, D ep artm en t of the N avy, the sum of $648, and to A m brose A. C errito, equip­ m en t specialist “general” , G S-5, D ep artm en t of the N avy, the sum of $211.68. P ay m en t of such sum s shall be in full settlem ent of th e respective claim s of such claim ants ag ainst th e U nited States for overtim e pay for work actu ally perform ed by them , as civilian em ployees of the D epartm en t of th e N avy, in connection with au to m otiv e and construction equipm ent a t M cM urdo Sound, A n tarctica, early in 1962, to which they Mould have been entitled if section 603 of th e Federal Em ployees P ay A ct of 1945, as am ended (68 Sfcat. 1112; 5 U.S.C. 943), and N avy civilian personnel instruction num bered 610 issued p u rsu a n t to such sec­ tion, were not applicable in their cases: Provided, T h a t no p a rt of eith er of the sum s ap pro priated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or atto rn ey on accoun t of services ren ­ dered in connection w ith the claim settled by the pay m en t of such sum , and the sam e shall be unlawful, any co ntract to the co ntrary n o tw ith stan d in g . Any person violating th e provisions of this A ct shall be deem ed guilty of a m isde­ m eanor and upon conviction thereof shall be fined in any sum n o t exceeding 

$ 1,000.

J ohn W. M cC o r m a c k,

Speaker of the House of Representatives.

Lee M e t c a l f,

A cting President pro tempore of the Senate. [E ndorsem ent on back of bill :J I certify th a t this Act originated in the House of R epresentatives.

Ra l p h R . R o b e r t s, Clerk. By J oh n A. R o b e r t s.

o