APRIL 11 (legislative day, APRIL 8), 1940.-Ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following REPORT [To accompany S. 3581] The Committee on Claims, to whom was referred the bill (S. 3581) for the relief of John L. Pennington, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. This bill, which has the favorable recommendation of the Railroad Retirement Board, provides for the payment of $168.40 to John L. Pennington, of Seattle, Wash., in full satisfaction of his claim against the United States for reimbursement of expenses incident to official travel during period of employment as field agent, Railroad Retirement Board. The records of the Board show that claimant entered the service of the Railroad Retirement Board as field agent, CAF-4, $1,800, under a temporary appointment and reported for duty at Seattle, Wash., on June 19, 1939. He remained in Seattle, his official station or post of duty, where he received preliminary instructions, to June 26, 1939, at which time he was directed to perform official travel within the State of Washington, pursuant to Travel Order No. 1042, dated June 26, 1939, which order specifically authorized him to use his personally owned automobile at 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the performance of official travel for the Railroad Retirement Board. The records further show that during the months of June, July, and August 1929, claimant used his father's personally owned automobile in the performance of official travel and claimed reimbursement therefor on vouchers, Standard Form No. 1012, at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the amounts of $22.60, $110.55, and $35.25, respectively. In the administrative examination of Mr. Pennington's June and July reimbursement vouchers, the fact that he was using his father's personally owned automobile for official travel was overlooked and his June 1939 reimbursement voucher was preaudited by the General Accounting Office, certified for payment, and paid by the Chief Disbursing Officer' Treasury Department, without it having been detected that he had used his father's personally owned automobile on official business. However, in the preaudit of his July and August 1939 reimbursement vouchers, the General Accounting Office suspended $110.55 and $35.25, respectively, and raised a charge of $22.60 against Mr. Pennington's June 1939 reimbursement voucher for the reason that he had used his father's personally owned automobile in performing such travel, and had claimed reimbursement therefor at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman. The Chairman of the Railroad Retirement Board states that since Mr. Pennington was a new employee who was not familiar with the Federal regulations and laws governing the use of personally owned automobile on official business, and the Federal Government received the benefit derived from the use of the automobile in question, and that reimbursement was claimed for the use thereof in good faith, it is the opinion of the Board that Mr. Pennington's claim for relief should receive favorable consideration. In this opinion your committee concur. The following communications are appended hereto and made a part of this report. Hon. EDWARD R. BURKE, RAILROAD RETIREMENT Board, United States Senate, Washington, D. C. MY DEAR SENATOR BURKE: Reference is made to your letter of March 15, 1940, enclosing copy of S. 3581 for the relief of John L. Pennington, former field agent of the Railroad Retirement Board, and wherein you request the Railroad Retirement Board to forward for use of the committee on claims all papers, or copies of same, in the files pertaining to this matter, together with an opinion as to its merit. The records show that Mr. Pennington entered the service of the Railroad Retirement Board as field agent, CAF-4, $1,800, under a temporary appointment and reported for duty at Seattle, Wash., on June 19, 1939 (copy of letter of appointment attached). He remained in Seattle, Wash., his official station or post of duty, where he received preliminary instructions, to June 26, 1939, at which time he was directed to perform official travel within the State of Washington, pursuant to travel order No. 1042, dated June 26, 1939 (copy attached), which order specifically authorized him to use his personally owned automobile at 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the performance of official travel for the Railroad Retirement Board. The records further show that during the months of June, July, and August 1939, Mr. Pennington used his father's personally owned automobile in the performance of official travel and claimed reimbursement therefor on vouchers, Standard Form No. 1012, at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman, in the amounts of $22.60, $110.55, and $35.25, respectively. In the administrative examination of Mr. Pennington's June and July reimbursement vouchers, Standard Form No. 1012, the fact that he was using his father's personally owned automobile for official travel was overlooked and his June 1939 reimbursement voucher was preaudited by the General Accounting Office, certified for payment, and paid by the Chief Disbursing Officer, Treasury Department, without it having been detected that he had used his father's personally owned automobile on official business. However, in the preaudit of his July and August 1939 reimbursement vouchers, the General Accounting Office suspended $110.55 and $35.25, respectively, and raised a charge of $22.60 against Mr. Pennington's June 1939 reimbursement voucher for the reason that he had used his father's personally owned automobile in performing such travel, and had claimed reimbursement therefor at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman. Travel order No. 1042, dated June 26, 1939, issued to Mr. Pennington, reads in part: "You are authorized to perform the above travel by your personally owned automobile * * * "" Paragraph 12 (a) of the Standardized Government Travel Regulations, as amended, reads in part: "Mileage in lieu of actual expenses of transportation under paragraph 12, regardless of subsistence status and hours of travel, may be allowed a civilian officer or employee traveling by his personally owned motorcycle or automobile on official business away from his designated post of duty or official station as defined in paragraph 3, at rates not to exceed 2 cents per mile for motorcycles and 5 cents per mile for automobiles, provided such mode of travel and the rate per mile have been previously authorized by the head of the department or independent establishment or by an official to whom such authority has been properly delegated * And 14, Comptroller General, 197, the syllabus of which reads: "Mileage for the use of a personally owned automobile under the act of February 14, 1931, 46 Statute 1103 as amended by section 9, act of March 3, 1933, 47 Statute 1516, may not be paid to an employee when the travel is performed in an automobile registered, and the license plates therefor issued, in the name of the employee's wife." In view of the foregoing, it is understood that Mr. Pennington did not have authority to use his father's personally owned automobile in the performance of official travel for the Railroad Retirement Board and apparently there is no authority by which he can be reimbursed for its use at the rate of 5 cents per mile, not to exceed the cost of common carrier plus Pullman. However, since Mr. Pennington was a new employee who was not familiar with the Federal regulations and laws governing the use of personally owned automobile on official business, the Federal Government received the benefit derived from the use of the automobile in question without incurring any cost in addition to that properly authorized, and reimbursement was claimed for the use thereof in good faith, it is the opinion of this Board that Mr. Pennington's claim for relief should receive favorable consideration. Sincerely yours, MURRAY W. LATIMER. AFFIDAVIT OF JOHN L. PENNINgton as to DISALLOWED MILEAGE EXPENSE STATE OF WASHINGTON, County of King. John L. Pennington, being first duly sworn upon oath deposes and says: That he now is and for the past several years has been a resident of Seattle, Wash. On June 19, 1939, he took his oath of office as field agent at the Seattle office of the Railroad Retirement Board of the United States Government, and on June 26, 1939, he went into the field doing the work assigned to him by that office in his capacity as field agent. His work in particular was instructing claims agents and countersigning agents as to procedure in handling claims for unemployment-insurance benefits under the Railroad Unemployment Insurance provisions. That this work necessarily required him to travel away from Seattle, and to provide himself with an automobile, for which expense at the rate of 5 cents per mile was allowable, according to his understanding. In the course of his work he traveled as follows: June 27-30, 452 miles, at 5 cents per mile (under travel order No. 1042) Aug. 7-31, 705 miles, at 5 cents per mile (under travel order No. 491)... Total.... $22.60 110.55 35. 25 168. 40 Vouchers for the above travel expense were duly submitted on Standard Form No. 1012. Each voucher showed the registration of the car that was used in the name of W. S. Pennington, who is the father of affiant. Notwithstanding this, the first voucher was paid in full, without exception, and affiant therefore assumed that this was acceptable, and he therefore continued to travel in the same manner, paying the expense on the car from his funds as was necessary in traveling. The second and third vouchers were submitted prior to receipt of the first preaudit difference statement, which showed disallowance of travel expense because the automobile was not registered in affiant's name. Original vouchers are on file in the office of the Comptroller General of the United States, since they were submitted through the usual channels. I had been provided with a copy of the travel regulations, but due to the fact that affiant took the oath of office on June 19, 1939, and went into the field on June 26, 1939, between which times it was necessary to study a great deal of new material and receive instructions on how properly to instruct claims agents and countersigning agents in the territory assigned, I was not able to absorb all of the information and regulations, and consequently was not aware of the requirement as to registration of the automobile in my own name. As before stated, since the first voucher I submitted was paid without objection I assumed that there was nothing out of order and that I could continue in the same manner. There was only a brief instruction given by my instructor relative to proper execution of travel vouchers. Furthermore, had there been any reason to believe it necessary, my father would have transferred ownership and registration of the automobile to me. The total of the mileage shown on the first page hereof is 3,368. At 5 cents per mile this totals $168.40, which is the amount of my claim. All this represents cost and expenses of travel incurred on official travel for the Board only. Affiant believes it is a just and fair claim, made in entire good faith, and he sincerely desires that it be given all the consideration possible. JOHN L. PENNINGTON. Subscribed and sworn to before me this 8th day of March 1940. [SEAL] RICHARD B. WARD, Notary Public in and for the State of Washington, Residing at Seattle. O 76TH CONGRESS 3d Session SENATE JOSEPH DOLAK { REPORT No. 1415 APRIL 11 (legislative day, APRIL 8), 1940.-Ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following REPORT [To accompany S. 3123] The Committee on Claims, to whom was referred the bill (S. 3123) for the relief of Joseph Dolak, father of Gene Dolak, deceased, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: On page 1, line 5, strike out the figures "$5,000" and insert in lieu thereof "$1,000". The bill, as amended, provides for the payment of $1,000 to Joseph Dolak, of Benton County, Iowa, father of Gene Dolak, deceased minor, in full settlement of all claims against the United States on account of the death of said Gene Dolak, who was struck and killed. at Fort Des Moines, Iowa, while a member of the citizens' military training camp, by a United States Army truck, on July 30, 1935. The War Department has no objection to the enactment of the bill in such amount as the Congress, in its discretion, may deem proper to allow. The records of the Department show that on July 30, 1935, at about 10:15 a. m., citizens' military training camp candidate Gene Francis Dolak was lying asleep on the ground near the Company C kitchen tent in the track ordinarily used by trucks servicing the kitchens of the citizens' military training camp at the target range, Fort Des Moines. Candidate Dolak, who was on duty as kitchen police, had finished all the work that had to be done at that time and had been told by the sergeant in charge that he could rest for a while. At about this time, an Army truck, on official business, was driven up to the Company C kitchen tent, the Government driver under orders to obtain and transport certain cooks and kitchen police to the main citizens' military training camp kitchen. The Government driver noticed a man lying in front of the truck in the track, sounded his horn, and brought his truck to a stop when about 6 feet from the man. Presuming that the man had arisen and left the track, the Government driver dismounted from the truck, and, without passing in front of the truck, found the sergeant and transacted his business. |