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A-75452, MAY 3, 1937, 16 COMP. GEN. 969

A-75452 May 03, 1937
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ARE AVAILABLE FOR TRAVELING EXPENSES OF DISTRICT OF COLUMBIA PERSONNEL ATTENDING INSTITUTIONS OUTSIDE THE DISTRICT FOR TRAINING IN CONNECTION WITH THE PURPOSES FOR WHICH THE ALLOTMENTS ARE MADE UNDER PLANS APPROVED BY THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE. 15 COMP. IS AS FOLLOWS: THE COMMISSIONERS REQUEST THAT YOU RECONSIDER THE QUESTION OF WHETHER OR NOT SOCIAL SECURITY FUNDS ADVANCED TO THE DISTRICT OF COLUMBIA MAY BE EXPENDED FOR TRAVEL. AS YOU ARE AWARE. IS "TO STIMULATE A COMPREHENSIVE NATION- WIDE PROGRAM OF PUBLIC HEALTH. AMONG THE SPECIFIC METHODS THAT ARE TO BRING ABOUT AN IMPROVEMENT IN PUBLIC HEALTH SERVICE THERE IS RECOMMENDED "THE TRAINING OF PERSONNEL EMPLOYED. IT WAS HELD THAT THE DISTRICT OF COLUMBIA IS ELIGIBLE TO ALL THE BENEFITS ACCRUING UNDER THE SOCIAL SECURITY ACT AS ARE OTHER STATES AND TERRITORIES OF THE UNITED STATES.

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A-75452, MAY 3, 1937, 16 COMP. GEN. 969

SOCIAL SECURITY - FEDERAL FUNDS ALLOTTED TO DISTRICT OF COLUMBIA FOR PUBLIC HEALTH SERVICE PURPOSES - AVAILABILITY FOR TRAVELING EXPENSES OF TRAINEES FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FROM PUBLIC HEALTH SERVICE APPROPRIATIONS UNDER SECTIONS 601 AND 602 OF THE SOCIAL SECURITY ACT, 49 STAT. 634, ARE AVAILABLE FOR TRAVELING EXPENSES OF DISTRICT OF COLUMBIA PERSONNEL ATTENDING INSTITUTIONS OUTSIDE THE DISTRICT FOR TRAINING IN CONNECTION WITH THE PURPOSES FOR WHICH THE ALLOTMENTS ARE MADE UNDER PLANS APPROVED BY THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE. 15 COMP. GEN. 1077, MODIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, BOARD OF COMMISSIONERS, DISTRICT OF COLUMBIA, MAY 3, 1937:

YOUR LETTER OF APRIL 27, 1937, IS AS FOLLOWS:

THE COMMISSIONERS REQUEST THAT YOU RECONSIDER THE QUESTION OF WHETHER OR NOT SOCIAL SECURITY FUNDS ADVANCED TO THE DISTRICT OF COLUMBIA MAY BE EXPENDED FOR TRAVEL, ON WHICH YOU RENDERED AN ADVERSE DECISION JUNE 10, 1936 (A-75452), AND SUBMIT THE FOLLOWING ADDITIONAL ARGUMENTS WHICH THEY BELIEVE WOULD JUSTIFY A REVERSAL OF YOUR DECISION.

AS YOU ARE AWARE, UNDER THE SOCIAL SECURITY ACT, APPROVED AUGUST 14, 1935 (49 STAT. 634), THE DISTRICT OF COLUMBIA MAY RECEIVE VARIOUS MONEYS BY WAY OF THE CHILDREN'S BUREAU, DEPARTMENT OF LABOR, AND THROUGH THE UNITED STATES PUBLIC HEALTH SERVICE, TREASURY DEPARTMENT. THE AIM OF TITLE VI OF THE ACT, AMONG OTHER PURPOSES, IS "TO STIMULATE A COMPREHENSIVE NATION- WIDE PROGRAM OF PUBLIC HEALTH, FINANCIALLY AND TECHNICALLY AIDED BY THE FEDERAL GOVERNMENT.' AMONG THE SPECIFIC METHODS THAT ARE TO BRING ABOUT AN IMPROVEMENT IN PUBLIC HEALTH SERVICE THERE IS RECOMMENDED "THE TRAINING OF PERSONNEL EMPLOYED, OR TO BE EMPLOYED, IN STATE OR LOCAL HEALTH DEPARTMENTS.'

IN YOUR DECISION OF JUNE 10, 1936 (A-75452), IT WAS HELD THAT THE DISTRICT OF COLUMBIA IS ELIGIBLE TO ALL THE BENEFITS ACCRUING UNDER THE SOCIAL SECURITY ACT AS ARE OTHER STATES AND TERRITORIES OF THE UNITED STATES. HOWEVER, YOUR OPINION APPARENTLY DENIES TO THE DISTRICT AN EQUAL BENEFIT ACCORDED TO STATES AND TERRITORIES WHERE THE PURPOSES OF THE ACT DEAL WITH THE TRAINING OF PERSONNEL. MORE PARTICULARLY, YOU HELD THAT PERSONNEL IN THE DEPARTMENT OF HEALTH OF THE DISTRICT OF COLUMBIA MAY NOT HAVE THE USE OF MONEY UNDER THE SOCIAL SECURITY ACT FOR TRAVEL PURPOSES. THE PRECISE LANGUAGE (PAGE 6, SECOND PARAGRAPH) APPLICABLE TO THIS POINT IS AS FOLLOWS:

"AS THE APPLICATION OF THE PROVISIONS OF SECTION 601 TO THE LIMITED AREA OF THE DISTRICT OF COLUMBIA WOULD NOT NECESSARILY REQUIRE ANY TRAVEL, THE ALLOTMENT WOULD NOT BE AVAILABLE FOR TRAVEL EXPENSES.'

THE COMMISSIONERS ARE OF THE OPINION THAT YOUR OFFICE DID NOT REALIZE THAT FOR THE INTENDED PURPOSE OF TRAINING PERSONNEL IT DOES BECOME NECESSARY THAT "THOSE EMPLOYED, OR TO BE EMPLOYED" IN THE DEPARTMENT OF HEALTH MUST BE SENT TO VARIOUS TRAINING CENTERS ALREADY ESTABLISHED UNDER THE PROVISIONS OF THIS ACT, WHERE THESE EMPLOYEES ARE TO BE GIVEN THE ADVANTAGE OF SPECIAL TRAINING. SPECIFICALLY, A CERTAIN GROUP OF NURSES, WHO ACCEPTED THE OPPORTUNITY FOR SUCH TRAINING COURSES, WERE DENIED REIMBURSEMENT FOR TRAVELING EXPENSES ENTAILED IN GOING TO AND FROM THE CITIES WHERE THE COURSE OF TRAINING WAS OFFERED.

FURTHERMORE, BECAUSE OF YOUR RULING, THE DEPARTMENT IS DEPRIVED OF HAVING ITS EMPLOYEES OBTAIN AN EQUAL OPPORTUNITY OF SECURING THE BENEFIT OF SPECIAL CONFERENCES WHICH MAY BE HELD IN CITIES OTHER THAN THE DISTRICT OF COLUMBIA, WHERE THEY MIGHT SECURE FIRST-HAND OPPORTUNITY TO DISCUSS PUBLIC HEALTH PROBLEMS OR STUDY SPECIAL LABORATORY TECHNIQUES WITH CO-WORKERS, UNLESS THEY ARE WILLING TO GO INTO THEIR OWN POCKETS TO DEFRAY THE EXPENSES OF SUCH TRAVEL AND CONFERENCE ATTENDANCE. YET, TO ALL OTHER PUBLIC HEALTH WORKERS IN THE VARIOUS STATES AND TERRITORIES, MONEY UNDER THE SOCIAL SECURITY ACT IS MADE AVAILABLE FOR THIS PURPOSE.

IT WOULD APPEAR THAT, SINCE THE LANGUAGE OF YOUR DECISION, SUPRA, MAKES SPECIAL MENTION OF THE ,LIMITED AREA OF THE DISTRICT OF COLUMBIA," THAT THE PARTICULAR STAFF MEMBER WRITING THIS OPINION WAS NOT CONSCIOUS OF THE FACT THAT TRAVEL MONEY REQUESTED FOR THE DISTRICT WAS NOT MEANT TO APPLY TO TRAVEL WITHIN THE DISTRICT, BUT TO TRAVEL FROM THE DISTRICT.

THE COMMISSIONERS DESIRE, THEREFORE, IN VIEW OF THESE CIRCUMSTANCES, THAT YOU GIVE FAVORABLE RECONSIDERATION TO THE QUESTION PRESENTED HEREWITH.

SECTIONS 601 AND 602 (A) AND (D) OF THE SOCIAL SECURITY ACT, APPROVED AUGUST 14, 1935, PROVIDE:

SECTION 601. FOR THE PURPOSE OF ASSISTING STATES, COUNTIES, HEALTH DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS OF THE STATES IN ESTABLISHING AND MAINTAINING ADEQUATE PUBLIC-HEALTH SERVICES, INCLUDING THE TRAINING OF PERSONNEL FOR STATE AND LOCAL HEALTH WORK, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED FOR EACH FISCAL YEAR, BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1936, THE SUM OF $8,000,000 TO BE USED AS HEREINAFTER PROVIDED.

SEC. 602 (A) THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY, SHALL AT THE BEGINNING OF EACH FISCAL YEAR, ALLOT TO THE STATES THE TOTAL OF (1) THE AMOUNT APPROPRIATED FOR SUCH YEAR PURSUANT TO SECTION 601; AND (2) THE AMOUNTS OF THE ALLOTMENTS UNDER THIS SECTION FOR THE PRECEDING FISCAL YEAR REMAINING UNPAID TO THE STATES AT THE END OF SUCH FISCAL YEAR. THE AMOUNTS OF SUCH ALLOTMENTS SHALL BE DETERMINED ON THE BASIS OF (1) THE POPULATION; (2) THE SPECIAL HEALTH PROBLEMS; AND (3) THE FINANCIAL NEEDS; OF THE RESPECTIVE STATES. UPON MAKING SUCH ALLOTMENTS THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE SHALL CERTIFY THE AMOUNTS THEREOF TO THE SECRETARY OF THE TREASURY.

(D) THE MONEYS SO PAID TO ANY STATE SHALL BE EXPENDED SOLELY IN CARRYING OUT THE PURPOSES SPECIFIED IN SECTION 601, AND IN ACCORDANCE WITH PLANS PRESENTED BY THE HEALTH AUTHORITY OF SUCH STATE AND APPROVED BY THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE.

YOUR FORMER SUBMISSION OF MAY 14, 1936, UPON WHICH THE DECISION OF JUNE 10, 1936, WAS RENDERED, DID NOT DISCLOSE THAT THE CONTEMPLATED TRAVEL WAS FOR TRAINING PURPOSES. HOWEVER, IF THE PLANS PRESENTED BY THE DISTRICT OF COLUMBIA TO THE PUBLIC HEALTH SERVICE AND APPROVED BY THE SURGEON GENERAL OF THAT SERVICE INCLUDE PROVISIONS FOR TRAINING OF DISTRICT OF COLUMBIA PERSONNEL AT INSTITUTIONS OUTSIDE OF THE DISTRICT, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE USE OF THE FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA UNDER TITLE VI OF THE SOCIAL SECURITY ACT FOR TRAVEL EXPENSES OF SUCH TRAINEES.

UPON RECONSIDERATION OF THE MATTER, BASED UPON THE ADDITIONAL FACTS SUBMITTED, THE DECISION OF JUNE 10, 1936, 15 COMP. GEN. 1077, IS MODIFIED ACCORDINGLY.

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