A-96099, JULY 8, 1938, 18 COMP. GEN. 24

A-96099: Jul 8, 1938

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ARE NOT AVAILABLE FOR EDUCATIONAL OR TRAINING COURSES OF THE EMPLOYEES INVOLVED. IS AS FOLLOWS: THE COMMISSIONERS DESIRE TO SUBMIT FOR YOUR EARLY CONSIDERATION AND ADVICE THE QUESTION AS TO WHETHER MONEYS ADVANCED TO THE COMMISSIONERS IN ACCORDANCE WITH TITLE V OF THE SOCIAL SECURITY ACT OF AUGUST 14. PART OF WHICH IS CONTAINED IN THE 1938 APPROVED BUDGET. 61.30 IN CONNECTION WITH THIS MATTER THE HEALTH OFFICER HAS SUBMITTED THE FOLLOWING AS JUSTIFICATION FOR THIS ACTION: "THE HEALTH DEPARTMENT WISHES TO OBTAIN YOUR APPROVAL TO USE THE FUNDS WHICH HAVE BEEN ALLOTTED TO THE DISTRICT OF COLUMBIA UNDER SECTION V. AS AUTHORITY FOR SUCH USE IT IS DESIRED TO BRING THE FOLLOWING POINTS TO YOUR ATTENTION. "1.

A-96099, JULY 8, 1938, 18 COMP. GEN. 24

DISTRICT OF COLUMBIA - MATERNAL AND CHILD WELFARE ALLOTMENTS UNDER SOCIAL SECURITY ACT - AVAILABILITY FOR TRAINING OF EMPLOYEES TITLE V OF THE SOCIAL SECURITY ACT OF AUGUST 14, 1935, AS AMENDED, 49 STAT. 629, NOT PROVIDING FOR THE TRAINING OF PERSONNEL, AND THERE BEING NO GENERAL AUTHORITY IN THE DISTRICT OF COLUMBIA, OR SPECIFIC AUTHORIZATION IN ITS APPROPRIATIONS, FOR SUCH TRAINING, ALLOTMENTS MADE TO THE DISTRICT UNDER THE SAID TITLE FOR MATERNAL AND CHILD WELFARE AND REQUIRED TO BE MATCHED BY ITS OWN FUNDS, ARE NOT AVAILABLE FOR EDUCATIONAL OR TRAINING COURSES OF THE EMPLOYEES INVOLVED. USE BY STATES OF ALLOTMENTS FOR SUCH PURPOSES, AND 15 COMP. GEN. 1077, AUTHORIZING SUCH EXPENDITURES FROM DISTRICT OF COLUMBIA ALLOTMENTS FOR PUBLIC HEALTH WORK MADE UNDER TITLE VI OF THE SAID STATUTE, DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, BOARD OF COMMISSIONERS, DISTRICT OF COLUMBIA, JULY 8, 1938:

YOUR LETTER OF JUNE 28, 1938, IS AS FOLLOWS:

THE COMMISSIONERS DESIRE TO SUBMIT FOR YOUR EARLY CONSIDERATION AND ADVICE THE QUESTION AS TO WHETHER MONEYS ADVANCED TO THE COMMISSIONERS IN ACCORDANCE WITH TITLE V OF THE SOCIAL SECURITY ACT OF AUGUST 14, 1935, AS AMENDED, MAY BE EXPENDED FOR THE USE OF TRAINEES. THE RECORDS INDICATE THAT UNDER DATE OF JUNE 4, 1938, THE ASSISTANT HEALTH OFFICER TRANSMITTED TO DR. R. C. HOOD, DIRECTOR, CRIPPLED CHILDREN'S DIVISION, CHILDREN'S BUREAU, U.S. DEPARTMENT OF LABOR, A REQUEST FOR THE USE OF $396.63, PART OF WHICH IS CONTAINED IN THE 1938 APPROVED BUDGET, AS WELL AS FUNDS TO BE ADVANCED FOR 1939, IN ORDER THAT AN EMPLOYEE OF THE HEALTH DEPARTMENT MAY ATTEND THE UNIVERSITY OF CHICAGO SCHOOL OF SOCIAL SERVICE ADMINISTRATION DURING THE PERIOD JUNE 20 TO AUGUST 27, 1938, THE ITEMS OF EXPENSE BEING MADE UP AS FOLLOWS:

CHART

FOR TUITION --------------------------------------------- $100

REGISTRATION FEE ---------------------------------------- 2

STIPEND ------------------------------------------------- 61.30

TRAVEL TO AND FROM CHICAGO ------------------------------ 61.30

IN CONNECTION WITH THIS MATTER THE HEALTH OFFICER HAS SUBMITTED THE FOLLOWING AS JUSTIFICATION FOR THIS ACTION:

"THE HEALTH DEPARTMENT WISHES TO OBTAIN YOUR APPROVAL TO USE THE FUNDS WHICH HAVE BEEN ALLOTTED TO THE DISTRICT OF COLUMBIA UNDER SECTION V, PART 2, OF THE SOCIAL SECURITY ACT "SERVICES FOR CRIPPLED CHILDREN" FOR TRAINING EMPLOYEES ON ITS STAFF. AS AUTHORITY FOR SUCH USE IT IS DESIRED TO BRING THE FOLLOWING POINTS TO YOUR ATTENTION.

"1. THE SOCIAL SECURITY ACT, TITLE V, GRANTS TO STATES FOR MATERNAL AND CHILD WELFARE, PART 2, SERVICES FOR CRIPPLED CHILDREN, SECTION 511, STATES THAT FEDERAL GRANTS MAY BE USED "FOR THE PURPOSE OF ENABLING EACH STATE TO EXTEND AND IMPROVE (ESPECIALLY IN LOCAL AREAS AND IN AREAS SUFFERING FROM ECONOMIC DISTRESS), AS FAR AS PRACTICABLE UNDER THE CONDITIONS IN EACH STATE, SERVICES FOR LOCATING CRIPPLED CHILDREN, AND FOR PROVIDING MEDICAL, SURGICAL, CORRECTIVE, AND OTHER SERVICES AND CARE * * *.'

"DR. VAN HORN, REGIONAL DIRECTOR, OF THE CHILDREN'S BUREAU, STATED THAT THIS CLAUSE CONSTITUTES SUFFICIENT AUTHORIZATION FOR THE UTILIZATION OF CRIPPLED CHILDREN'S FUNDS FOR TRAINING PURPOSES, ON THE GROUNDS THAT THE SERVICE IS BEING IMPROVED THEREBY.

"WHEN THE LABOR DEPARTMENT WAS REWRITING ITS PART OF THE SOCIAL SECURITY ACT A FEW MONTHS AGO, THIS VERY QUESTION AROSE AS TO WHETHER OR NOT A CLAUSE SHOULD BE INSERTED TO AUTHORIZE SPECIFICALLY THE USE OF FUNDS FOR TRAINING PURPOSES. IT WAS DECIDED BY THE SOLICITOR OF THE LABOR DEPARTMENT, HOWEVER, THAT SUCH SPECIFIC AUTHORIZATION WOULD BE REDUNDANT IN THAT SUFFICIENT AUTHORIZATION ALREADY EXISTED IN THE SECTION NOTED ABOVE.

"2. DR. VAN HORN ALSO STATED THAT PRACTICALLY EVERY STATE IN THE UNION HAS EMPLOYED CHILDREN'S BUREAU FUNDS FOR TRAINING PURPOSES AND THE COMPTROLLER GENERAL OF THE UNITED STATES HAS NOT OBJECTED THERETO. AMPLE PRECEDENT, THEREFORE, EXISTS FOR SUCH USE.

"3. THE CHILDREN'S BUREAU HAS CONSIDERED THE REQUEST OF THE HEALTH DEPARTMENT FOR THE USE OF THEIR FUNDS FOR TRAINING PURPOSES AND HAS SENT THE DEPARTMENT A DEFINITE APPROVAL THEREOF, THUS ASSUMING FULL RESPONSIBILITY FOR SUCH USE. A COPY OF THE LETTER IN WHICH APPROVAL WAS REQUESTED AND A COPY OF THE LETTER GRANTING THAT APPROVAL ARE ATTACHED.

"IT IS HOPED THAT THE HEALTH DEPARTMENT OF THE DISTRICT MAY BE PLACED ON THE SAME LEVEL AS THE DEPARTMENTS OF OTHER STATES AND THAT THE PERMISSION REQUESTED ABOVE MAY BE GRANTED.'

IN VIEW OF YOUR DECISION TO THE COMMISSIONERS, D.C., UNDER DATE OF JUNE 20, 1936 (16 COMP. GEN. 1077), WHEREIN IT WAS HELD: "AS A GENERAL RULE, REGULAR ANNUAL EMPLOYEES OF THE DISTRICT OF COLUMBIA WOULD NOT BE ENTITLED TO RECEIVE AN EDUCATIONAL OR TRAINING COURSE AT THE EXPENSE OF THE MUNICIPALITY OR THE FEDERAL GOVERNMENT. HOWEVER, IN VIEW OF THE SPECIFIC PROVISION IN SECTION 601 FOR "TRAINING OF PERSONNEL FOR STATE AND LOCAL HEALTH WORK," THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE PAYMENT TO REGULAR EMPLOYEES, WHILE OTHERWISE IN A NONPAY STATUS, OF A REASONABLE STIPEND OR FEE WHILE IN TRAINING FOR LOCAL HEALTH WORK IN THE DISTRICT OF COLUMBIA," PLEASE CONSIDER THE FOLLOWING QUESTION:

AS TITLE V OF THE SOCIAL SECURITY ACT DOES NOT SPECIFICALLY PROVIDE FOR TRAVEL OR THE "TRAINING OF PERSONNEL FOR STATE AND LOCAL HEALTH WORK," THE COMMISSIONERS WOULD APPRECIATE EARLY ADVICE FROM YOU AS TO WHETHER OR NOT FUNDS MADE AVAILABLE UNDER THESE CIRCUMSTANCES MAY BE EXPENDED FOR THE PURPOSES OUTLINED ABOVE, AS APPROVED BY THE DIRECTOR OF THE CRIPPLED CHILDREN'S DIVISION, CHILDREN'S BUREAU, DEPARTMENT OF LABOR.

AS THE TRAINEE HAS ALREADY BEEN SENT TO CHICAGO, YOUR EARLY CONSIDERATION OF THIS MATTER WILL BE APPRECIATED.

WITH RESPECT TO THE PURPOSES FOR WHICH ALLOTMENTS TO THE STATES AND THE DISTRICT OF COLUMBIA ARE TO BE USED, SECTION 503 OF THE SOCIAL SECURITY ACT, 49 STAT. 630, PROVIDES:

(A) A STATE PLAN FOR MATERNAL AND CHILD-HEALTH SERVICES MUST (1) PROVIDE FOR FINANCIAL PARTICIPATION BY THE STATE; (2) PROVIDE FOR THE ADMINISTRATION OF THE PLAN BY THE STATE HEALTH AGENCY OR THE SUPERVISION OF THE ADMINISTRATION OF THE PLAN BY THE STATE HEALTH AGENCY; (3) PROVIDE SUCH METHODS OF ADMINISTRATION (OTHER THAN THOSE RELATING TO SELECTION, TENURE OF OFFICE, AND COMPENSATION OF PERSONNEL) AS ARE NECESSARY FOR THE EFFICIENT OPERATION OF THE PLAN; (4) PROVIDE THAT THE STATE HEALTH AGENCY WILL MAKE SUCH REPORTS, IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE SECRETARY OF LABOR MAY FROM TIME TO TIME REQUIRE, AND COMPLY WITH SUCH PROVISIONS AS HE MAY FROM TIME TO TIME FIND NECESSARY TO ASSURE THE CORRECTNESS AND VERIFICATION OF SUCH REPORTS; (5) PROVIDE FOR THE EXTENSION AND IMPROVEMENT OF LOCAL MATERNAL AND CHILD-HEALTH SERVICES ADMINISTERED BY LOCAL CHILD-HEALTH UNITS; (6) PROVIDE FOR COOPERATION WITH MEDICAL, NURSING, AND WELFARE GROUPS AND ORGANIZATIONS; AND (7) PROVIDE FOR THE DEVELOPMENT OF DEMONSTRATION SERVICES IN NEEDY AREAS AND AMONG GROUPS IN SPECIAL NEED.

(B) THE CHIEF OF THE CHILDREN'S BUREAU SHALL APPROVE ANY PLAN WHICH FULFILLS THE CONDITIONS SPECIFIED IN SUBSECTION (A) AND SHALL THEREUPON NOTIFY THE SECRETARY OF LABOR AND THE STATE HEALTH AGENCY OF HIS APPROVAL.

SECTION 504 (A) OF THE SAME ACT FURTHER PROVIDES:

FROM THE SUMS APPROPRIATED THEREFOR AND THE ALLOTMENTS AVAILABLE UNDER SECTION 502 (A), THE SECRETARY OF THE TREASURY SHALL PAY TO EACH STATE WHICH HAS AN APPROVED PLAN FOR MATERNAL AND CHILD-HEALTH SERVICES, FOR EACH QUARTER, BEGINNING WITH THE QUARTER COMMENCING JULY 1, 1935, AN AMOUNT, WHICH SHALL BE USED EXCLUSIVELY FOR CARRYING OUT THE STATE PLAN, EQUAL TO ONE-HALF OF THE TOTAL SUM EXPENDED DURING SUCH QUARTER FOR CARRYING OUT SUCH PLAN.

WITH RESPECT TO THE PURPOSES FOR WHICH AN ALLOTMENT UNDER TITLE V MAY BE EXPENDED BY THE DISTRICT OF COLUMBIA, IT WAS STATED TO YOU IN DECISION REPORTED IN 1K COMP. GEN. 1077-1080, AS FOLLOWS:

* * * AS YOU DO NOT INDICATE WHICH APPROPRIATIONS OF THE DISTRICT OF COLUMBIA ARE TO BE USED FOR CARRYING OUT THE DISTRICT PLAN FOR MATERNAL AND CHILD HEALTH SERVICES, YOUR QUESTION WHETHER THE ALLOTMENT FOR MATERNAL AND CHILD HEALTH WELFARE MAY BE USED FOR CONTINGENT EXPENSES, TRAVEL EXPENSES, AND PRINTING AND BINDING CAN ONLY BE ANSWERED BY STATING THAT THE ALLOTMENT WILL BE AVAILABLE FOR SUCH PURPOSES IF THEY BE SPECIFICALLY AUTHORIZED OR PROVIDED FOR IN THE APPROPRIATIONS MADE TO THE DISTRICT OF COLUMBIA AND LAWFULLY USED FOR THE 50 PERCENT COSTS OF THE PLAN WHICH THE DISTRICT OF COLUMBIA IS REQUIRED TO CARRY OUT UNDER ITS AGREEMENT WITH THE DEPARTMENT OF LABOR.

IT IS THUS APPARENT THAT WHILE IT MIGHT BE POSSIBLE FOR THE RESPECTIVE STATES TO MAKE USE OF A PORTION OF THE ALLOTMENT FOR TRAINING PURPOSES, IF SUCH USE IS NOT PROHIBITED BY STATE LAW, THAT FACT WOULD NOT BE CONTROLLING WITH RESPECT TO THE USE OF FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA. THE ALLOTMENT TO THE DISTRICT OF COLUMBIA IS TO BE USED FOR CARRYING OUT THE DISTRICT OF COLUMBIA PLAN AND IS TO EQUAL ONE-HALF OF THE SUM WHICH THE DISTRICT OF COLUMBIA EXPENDED DURING THE QUARTER FOR CARRYING OUT THAT PLAN. OBVIOUSLY, THEREFORE, THE USE OF THE ALLOTMENT DEPENDS UPON THE EXPENDITURES WHICH THE DISTRICT OF COLUMBIA IS AUTHORIZED TO MAKE FROM ITS REGULAR APPROPRIATIONS. YOU HAVE CITED NO DISTRICT OF COLUMBIA APPROPRIATION AUTHORIZED TO BE USED FOR CARRYING OUT SUCH PLAN AND WHICH PROVIDES FOR TRAINING OF EMPLOYEES IN SUCH WORK. AS STATED IN THE DECISION IN 15 COMP. GEN. 1077, IT IS THE GENERAL RULE THAT REGULAR EMPLOYEES OF THE DISTRICT OF COLUMBIA WOULD NOT BE ENTITLED TO RECEIVE EDUCATIONAL OR TRAINING COURSES AT THE EXPENSE OF THE MUNICIPALITY OR FEDERAL GOVERNMENT. THE USE OF ALLOTMENTS UNDER TITLE VI OF THE SOCIAL SECURITY ACT FOR TRAINING PURPOSES IS PERMISSIBLE ONLY BECAUSE THAT TITLE PROVIDES SPECIFICALLY FOR TRAINING AND THE ALLOTMENTS THEREUNDER ARE NOT REQUIRED TO BE MATCHED BY EXPENDITURE OF DISTRICT OF COLUMBIA FUNDS. COMP. GEN. 1077. IN THE CIRCUMSTANCES, THE PROVISION UNDER TITLE V THAT ALLOTMENTS MAY BE USED FOR EXTENSION OR IMPROVEMENT OF THE LOCAL SERVICES MAY NOT BE CONSTRUED AS AUTHORIZING THEIR USE FOR THE TRAINING OF EMPLOYEES, NOTWITHSTANDING THE FACT THAT SUCH TRAINING MAY ULTIMATELY RESULT IN THE IMPROVEMENT OF THE LOCAL SERVICE. THE SAME RESULT WOULD BE OBTAINED BY EMPLOYING PERSONS ALREADY QUALIFIED AS GENERALLY REQUIRED.

ANSWERING YOUR QUESTIONS SPECIFICALLY, YOU ARE INFORMED THAT ON THE PRESENT RECORD AND UNDER THE PRESENT LAWS THE ALLOTMENT TO THE DISTRICT OF COLUMBIA UNDER TITLE V OF THE SOCIAL SECURITY ACT MAY NOT BE EXPENDED FOR TRAINING EMPLOYEES.