B-144208, NOV. 10, 1960

B-144208, NOV. 10, 1960

TO W. R. WILSON, AUTHORIZED CERTIFYING OFFICER, EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF CIVIL AND DEFENSE MOBILIZATION:

YOUR LETTER DATED OCTOBER 7, 1960, TRANSMITS A RECLAIM VOUCHER, TOGETHER WITH RELATED DOCUMENTS, IN FAVOR OF COLONEL JAY D. B. LATTIN, FOR $20.77 WHICH YOU SAY REPRESENTS ONE-HALF OF THE ONE-WAY AIR FARE FROM NEW YORK, NEW YORK, TO BATTLE CREEK, MICHIGAN, INCIDENT TO HIS ATTENDANCE AT THE OCDM STAFF COLLEGE DURING THE PERIOD JUNE 20 TO 24, 1960, UNDER SECTION 201 (E) OF THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED, 50 U.S.C. APP. 2281 (E). YOU REQUEST OUR DECISION CONCERNING THE PROPRIETY OF THE PROPOSED PAYMENT TO COLONEL LATTIN--- HAVING REGARD FOR THE FACT THAT THE TRANSPORTATION WAS SECURED ON A NEW YORK STATE TRANSPORTATION REQUEST, WHEREAS THE REGULATIONS PROVIDE THAT ANY FEDERAL REIMBURSEMENT TOWARDS STUDENT EXPENSES IS TO BE MADE TO THE STUDENT.

ON JUNE 15, 1960, FORM OCDM-175, REQUEST FOR REIMBURSEMENT AND AUTHORIZATION FOR ATTENDANCE AT OCDM SCHOOLS, REQUEST WAS MADE FOR OCDM TO AUTHORIZE REIMBURSEMENT TOWARD THE PAYMENT OF TRAVEL EXPENSES FOR COLONEL JAY D. B. LATTIN, 25 ALWIN TERRACE, LITTLE SILVER, NEW JERSEY, CHIEF OF CIVIL DEFENSE RADIOLOGICAL SERVICES, NEW YORK STATE CIVIL DEFENSE COMMISSION, TO ATTEND THE RADIOLOGICAL DEFENSE SCHOOL, BATTLE CREEK, MICHIGAN, DURING THE PERIOD JUNE 20 TO 24, 1960, AT AN ESTIMATED COST OF $166.87. THE APPLICATION WAS APPROVED BY THE AUTHORIZED TRAINING AND EDUCATION OFFICIAL ON JUNE 20, 1960, AND AN OBLIGATION WAS NOTED FOR THE PAYMENT OF ONE-HALF OF THE TOTAL ESTIMATED COST, OR $83.43. IN ACCORDANCE WITH THOSE ARRANGEMENTS COLONEL LATTIN, ON JUNE 19, 1960, LEFT RED BANK, NEW JERSEY, TRAVELED TO BATTLE CREEK, MICHIGAN, WHERE HE ATTENDED THE CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL DEFENSE SCHOOL, AND RETURNED TO RED BANK, NEW JERSEY, ON JUNE 24, 1960. HE PRESENTED A CLAIM FOR $72.05 BASED ON A TOTAL ACTUAL COST OF $144.10 FOR PER DIEM AND TRANSPORTATION. SUCH AMOUNT INCLUDED A ONE-WAY FARE OF $41.55 FOR AIR TRAVEL FROM NEW YORK, NEW YORK, TO BATTLE CREEK, MICHIGAN, AND A LIKE AMOUNT FOR THE RETURN TRIP. SINCE AIR TRANSPORTATION FROM NEW YORK, NEW YORK, TO BATTLE CREEK, MICHIGAN, IN THE AMOUNT OF $41.55 WAS FURNISHED IN EXCHANGE FOR A NEW YORK STATE TRANSPORTATION REQUEST, AND DID NOT INVOLVE THE EXPENDITURE OF COLONEL LATTIN'S PERSONAL FUNDS, HIS REIMBURSEMENT FOR THE TRAVEL WAS LIMITED TO ONE-HALF OF A ONE-WAY FARE FROM BATTLE CREEK TO NEW YORK AND A LIKE AMOUNT WAS SUSPENDED FROM PAYMENT. IT IS FOR THE AMOUNT OF THIS SUSPENSION THAT RECLAIM IS NOW MADE.

SECTION 2 OF THE FEDERAL CIVIL DEFENSE ACT OF 1950, 64 STAT. 1246, DECLARED IT TO BE THE POLICY AND INTENT OF CONGRESS THAT THE RESPONSIBILITY FOR CIVIL DEFENSE SHALL BE VESTED PRIMARILY IN THE SEVERAL STATES. SECTION 2 OF THE ACT OF AUGUST 8, 1958, 72 STAT. 532, CHANGED THAT POLICY AND INTENT TO THE EXTENT THAT THE RESPONSIBILITY FOR CIVIL DEFENSE WAS VESTED JOINTLY IN THE FEDERAL GOVERNMENT AND THE SEVERAL STATES. IN FURTHERANCE OF THIS JOINT RESPONSIBILITY, SECTION 201 (E) OF THE 1950 ACT, AS AMENDED, WAS FURTHER AMENDED BY SECTION 3 (A) OF THE 1958 ACT, 50 U.S.C. APP. 2281 (E), TO PROVIDE THAT THE TERMS PRESCRIBED BY THE ADMINISTRATOR FOR THE PAYMENT OF TRAVEL EXPENSES AND PER DIEM ALLOWANCES AUTHORIZED BY THIS SUBSECTION SHALL INCLUDE A PROVISION THAT SUCH PAYMENT SHALL NOT EXCEED ONE-HALF OF THE TOTAL COST OF SUCH EXPENSES. PRIOR TO THIS AMENDMENT THE FULL COST OF TRAVEL EXPENSES AND PER DIEM ALLOWANCES FOR ATTENDANCE AT CIVIL DEFENSE SCHOOLS OR CLASSES WAS BORNE BY THE FEDERAL GOVERNMENT WITHIN THE LIMITATION OF $100,000 APPROPRIATED ANNUALLY FOR SUCH PURPOSE. INDICATIVE OF THE INTENT OF CONGRESS, SENATE REPORT NO. 1831, 85TH CONGRESS, RELATIVE TO H.R. 7576, WHICH BECAME THE ACT OF AUGUST 8, 1958, CONTAINS THIS SENTENCE: ,A NEW LIMITATION OF $300,000 PER YEAR IS ESTABLISHED AND A NEW REQUIREMENT THAT THE STATES MUST PAY ONE-HALF OF THESE EXPENSES IS PRESCRIBED.' THUS, IN EFFECT, THE AMOUNT MADE AVAILABLE WAS INCREASED TO $600,000, TO BE CONTRIBUTED IN EQUAL AMOUNTS BY THE FEDERAL GOVERNMENT AND THE SEVERAL STATES. THIS PROVISION WAS IN RECOGNITION OF THE STATEMENT BY THE ADMINISTRATOR, FEDERAL CIVIL DEFENSE COMMISSION, IN HIS LETTER DATED FEBRUARY 8,1957, TO HONORABLE SAM RAYBURN, SPEAKER, HOUSE OF REPRESENTATIVES, THAT PLANNED FUTURE TRAINING PROGRAMS INDICATE THAT THE $100,000 LIMITATION WOULD MAKE IT NECESSARY TO RESTRICT THE PAYMENT OF TRAVEL AND PER DIEM ALLOWANCES TO ONLY A SMALL PORTION (APPROXIMATELY 15 PERCENT) OF THOSE STUDENTS IN ATTENDANCE AT FDCA SCHOOLS.

UNDER THE ACT OF AUGUST 8, 1958, THE FEDERAL GOVERNMENT AND THE SEVERAL STATES ARE EACH CLEARLY OBLIGATED TO PAY ONE-HALF OF THE TOTAL TRAVEL EXPENSE AND SUBSISTENCE ALLOWANCES OF STUDENTS ATTENDING OCDM SCHOOLS. IF, AS HERE, A STATE MEETS A PART OF ITS OBLIGATION BY FURNISHING TRANSPORTATION FOR WHICH PAYMENT IS MADE DIRECTLY TO THE TRANSPORTATION COMPANY RATHER THAN REQUIRE THE STUDENT TO MEET SUCH EXPENSES FROM PERSONAL FUNDS AND LATER BE REIMBURSED, THE STATE PROPERLY MAY BE ALLOWED CREDIT FOR SUCH EXPENDITURE IN DETERMINING ITS ONE-HALF SHARE OF THE TOTAL COST. REIMBURSEMENT TO THE STUDENT BY THE FEDERAL GOVERNMENT FOR THE REMAINING ONE-HALF SHARE, COMPUTED ON THAT BASIS, WILL NOT RESULT IN THE FEDERAL GOVERNMENT'S PAYING MORE THAN ONE-HALF OF THE TOTAL COST AND THE STUDENT WILL ONLY BE MADE WHOLE BECAUSE THE STATE WILL DEDUCT THE COST OF TRANSPORTATION FURNISHED IN DETERMINING THE AMOUNT IT WILL REIMBURSE HIM. THEREFORE, THE VOUCHER WHICH, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.