B-149011, JUN. 25, 1962

B-149011: Jun 25, 1962

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TO ABRAHAM RIBICOFF: WE HAVE FOR CONSIDERATION A CLAIM FOR EXPENSES OF TRAVEL PERFORMED BY MR. WHO WAS INVITED TO ATTEND THE MEETING OF THE FEDERAL RADIATION COUNCIL ON JUNE 6. WE BELIEVE THE CIRCUMSTANCES OF THIS MATTER SHOULD HAVE BEEN DIRECTED TO YOUR ATTENTION AT THAT TIME IN YOUR CAPACITY AS CHAIRMAN OF THE FEDERAL RADIATION COUNCIL. THE SETTLEMENT WAS BASED LARGELY UPON THE REPORT OF MARCH 12. - WAS FORWARDED TO THE FISCAL OFFICER. WE UNDERSTAND THAT THE OFFICIAL CORRESPONDENCE FILE ON THIS MATTER IS BEING RETAINED IN THE DIVISION OF RADIOLOGICAL HEALTH. KURVINK CONTENDS HE WAS AUTHORIZED INFORMALLY ON MAY 25. THE RECORD IS CLEAR THAT REQUEST OF MR. PHS-3-91843 WHICH WAS ISSUED MAY 29.

B-149011, JUN. 25, 1962

TO ABRAHAM RIBICOFF:

WE HAVE FOR CONSIDERATION A CLAIM FOR EXPENSES OF TRAVEL PERFORMED BY MR. DONALD G. KURVINK OF THE SOUTH DAKOTA STATE DEPARTMENT OF HEALTH, WHO WAS INVITED TO ATTEND THE MEETING OF THE FEDERAL RADIATION COUNCIL ON JUNE 6, 1961. BECAUSE OF THE NATURE OF THE TRAVEL AND THE AUTHORITIES DISCUSSED BELOW, WE BELIEVE THE CIRCUMSTANCES OF THIS MATTER SHOULD HAVE BEEN DIRECTED TO YOUR ATTENTION AT THAT TIME IN YOUR CAPACITY AS CHAIRMAN OF THE FEDERAL RADIATION COUNCIL. ALSO, WE ENCLOSE A COPY OF SENATOR KARL E. MUNDT'S LETTER OF MAY 28, 1962, AND ENCLOSURE, AND A COPY OF MR. KURVINK'S LETTER OF MAY 22, 1962, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION'S SETTLEMENT OF MAY 1, 1962.

THE SETTLEMENT WAS BASED LARGELY UPON THE REPORT OF MARCH 12, 1962, AND PAPERS, WHICH THE PUBLIC HEALTH SERVICE FURNISHED US WITH MR. KURVINK'S RECLAIM OF DECEMBER 19, 1961. THE SETTLEMENT CERTIFICATE COVERING THE ADDITIONAL PER DIEM CLAIMED--- $18.50 ALLOWED, $132.10 DISALLOWED--- WAS FORWARDED TO THE FISCAL OFFICER, DIVISION OF FINANCE, PUBLIC HEALTH SERVICE, FOR PAYMENT. WE UNDERSTAND THAT THE OFFICIAL CORRESPONDENCE FILE ON THIS MATTER IS BEING RETAINED IN THE DIVISION OF RADIOLOGICAL HEALTH, BUREAU OF STATE SERVICES, ROOM 5622, SOUTH HEW BUILDING.

THE FILE SHOWS THAT SOME ADMINISTRATIVE MISUNDERSTANDING EXISTS AS TO WHO HAS THE "DELEGATED AUTHORITY" TO OFFICIALLY APPROVE TRAVEL ON A MILEAGE BASIS IN THIS CASE, SUCH AS MR. KURVINK CONTENDS HE WAS AUTHORIZED INFORMALLY ON MAY 25, 1961, TO PERFORM. THE RECORD IS CLEAR THAT REQUEST OF MR. KURVINK'S ATTENDANCE AT THE MEETING OF JUNE 6, 1961, ORIGINATED FROM THE COUNCIL'S SECRETARIAL STAFF, AND THAT MR. KURVINK PERFORMED THE TRAVEL INVOLVED, FOR AND ON ACCOUNT OF THE COUNCIL'S NEED AND REQUEST OF CONSULTATION WITH HIM--- NOTWITHSTANDING THE WORDING OF ITEMS 3, 4, 7, AND 13 OF THE FORMAL TRAVEL AUTHORIZATION NO. PHS-3-91843 WHICH WAS ISSUED MAY 29, 1961, AND ACTUALLY RECEIVED BY MR. KURVINK AFTER HIS DEPARTURE BY AUTOMOBILE FROM PIERRE, SOUTH DAKOTA.

UNDER THE TERMS OF SECTION 4 OF EXECUTIVE ORDER NO. 10831 EACH EXECUTIVE AGENCY REPRESENTED ON THE FEDERAL RADIATION COUNCIL SHALL FURNISH NECESSARY ASSISTANCE TO THE COUNCIL, IN CONSONANCE WITH SECTION 214 OF THE ACT OF MAY 3, 1945, 59 STAT. 134, 31 U.S.C. 691. THE COUNCIL'S FUNCTIONS, AS DESCRIBED IN SECTION 274H OF THE ATOMIC ENERGY ACT, 42 U.S.C. 2021 (H), LARGELY ARE CHARACTERISTIC OF AN INDEPENDENT FEDERAL ESTABLISHMENT SERVING ADMINISTRATIVE NEEDS,"INCLUDING GUIDANCE FOR ALL FEDERAL AGENCIES IN THE FORMULATION OF RADIATION STANDARDS AND IN THE ESTABLISHMENT AND EXECUTION OF PROGRAMS OF COOPERATION WITH STATES," AND "SUCH OTHER FUNCTIONS AS THE PRESIDENT MAY ASSIGN TO IT BY EXECUTIVE ORDERS.' WE DO NOT FIND IN THE EXECUTIVE ORDER, OR IN THE ABOVE ACTS OF 1945 AND 1959, A PROVISION WHICH WOULD PRECLUDE THE FEDERAL RADIATION COUNCIL FROM USE OF THE AUTHORITY CONTAINED IN 5 U.S.C. 55A, 73B-2, 836 AND 837, RELATING TO THE TEMPORARY EMPLOYMENT AND THE TRAVEL EXPENSES OF EXPERTS AND CONSULTANTS SERVING WITH OR WITHOUT COMPENSATION FROM THE COUNCIL. WE ASSUME THAT FUNDS ADVANCED BY THE INTERESTED AGENCIES ARE AVAILABLE FOR TRAVEL OF PERSONS WHO SERVE THE COUNCIL. THE FILE DOES NOT SHOW THE VIEW OR ACTION OF THE COUNCIL IN THAT REGARD.

IN ACCORDANCE WITH SECTION 2.1 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ALL TRAVEL SHALL BE EITHER AUTHORIZED OR APPROVED BY THE HEAD OF THE AGENCY OR BY AN OFFICIAL TO WHOM SUCH AUTHORITY HAS BEEN PROPERLY DELEGATED. SECTIONS 3.5B (1) AND 6.2B PROVIDE THAT PERSONS RENDERING SERVICE TO THE GOVERNMENT, REGARDLESS OF SUBSISTENCE STATUS, SHALL BE PAID NOT TO EXCEED TWELVE CENTS PER MILE FOR USE OF PRIVATELY OWNED AUTOMOBILES WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT, AND THAT A PER DIEM ALLOWANCE NOT TO EXCEED $16 IN LIEU OF SUBSISTENCE EXPENSES FOR TRAVEL ON OFFICIAL BUSINESS OF THE GOVERNMENT WITHIN THE UNITED STATES MAY BE AUTHORIZED OR APPROVED.

WE UNDERSTAND THAT PURSUANT TO SECTION 4 OF EXECUTIVE ORDER NO. 10831 AND 31 U.S.C. 691 THE COUNCIL USES, AS THE NEED ARISES, AND WHENEVER PRACTICABLE, THE SERVICES OF CONSULTANTS WHO HAVE ALREADY BEEN PROCURED BY THE INTERESTED AGENCIES REPRESENTED ON THE COUNCIL. THE SITUATION HERE, HOWEVER, SEEMS TO INVOLVE A COOPERATIVE PROJECT ARRANGED PRIMARILY BETWEEN THE SOUTH DAKOTA STATE HEALTH OFFICER AND THE FEDERAL RADIATION COUNCIL. WHILE THE DOCUMENTATION IN THIS CASE TO DATE HAS INVOLVED REPRESENTATIVES OF THE PUBLIC HEALTH SERVICE TO A CONSIDERABLE EXTENT, AS THE FILE REVEALS, IT SEEMS CLEAR THAT THE TRAVEL AND SERVICES PERFORMED BY MR. KURVINK ESSENTIALLY WERE TO SUPPLY A NEED IN THE HEAD OF AN AGENCY OR ESTABLISHMENT TO "AUTHORIZE OR APPROVE" TRAVEL EXPENSES, INCLUDING APPROPRIATE PER DIEM RATES AND MILEAGE RATES FOR USE OF AUTOMOBILES WHEN DEEMED BY SUCH HEAD AS MORE ADVANTAGEOUS TO THE GOVERNMENT. THEREFORE, WE BELIEVE THAT THE MATTER OF APPROVAL OR DISAPPROVAL OF THE TRAVEL PER DIEM AND MILEAGE CLAIMED ON THAT BASIS IS PROPERLY FOR YOUR CONSIDERATION AS CHAIRMAN OF THE FEDERAL RADIATION COUNCIL.

IN VIEW OF THE INTEREST EXPRESSED BY SENATOR MUNDT IN THIS MATTER, WE SHOULD APPRECIATE AN ..END :