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1974/10/11 S1276 For the Relief of Joe H. Morgan
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1974/10/11 S1276 For the Relief of Joe H. Morgan
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The original documents are located in Box 8, folder "1974/10/11 S1276 For the Relief of Joe H. Morgan" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 8 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED ACTION THE WHITE HOUSE Last Day - October 14 WASHINGTON October 10, 1974 Posted 10/12/74 MEMORANDUM FOR THE PRESIDENT archies FROM: KEN COLE 10/15/74 SUBJECT: Enrolled Bill S. 1276 - For the Relief of Joe H. Morgan Attached for your consideration is Senate bill, S. 1276 sponsored by Senator Fong which relieves Mr. Morgan of liability to repay the United States $940. This represents the amount of unauthorized travel expenses paid by the United States to transport Mr. Morgan's dependent wife and child. Roy Ash recommends approval and provides you with additional background information in his enrolled bill report (Tab A). We have checked with the Counsel's office (Chapman), the NSC and Bill Timmons who also recommend approval. RECOMMENDATION That you sign Senate bill S. 1276 (Tab B). FORD is LIBRARY DERALD LIBRARY FORD GERALD APPROVED EXECUTIVE OFFICE OF THE PRESIDENT OCT11 1974 OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 8 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 1276 - For the relief of Joe H. Morgan Sponsor - Sen. Fong (R) Hawaii Last Day for Action October 14, 1974 - Monday Purpose Relieves Mr. Morgan of liability to repay the United States $940 which represents the amount of unauthorized travel expenses paid by the United States to transport Mr. Morgan's dependent wife and child. Agency Recommendations Office of Management and Budget Approval Department of the Navy No objection Discussion Mr. Morgan served as an active duty Naval Reserve Officer from 1962 until his involuntary release from active duty in 1970. Upon his separation from the Navy, Mr. Morgan was entitled to transportation of his dependents at Government expense from his last, permanent duty station to his home of selection. Although his last, permanent duty station was in Guam, he was temporarily reassigned to Long Beach, California, for separation. His wife and child, who had been residing with him in Guam, accompanied him to California at Government expense. In 1971, following his release, they were trans- ported from California to Honolulu, Hawaii, his home of SERALE FORD LIBRANT 2 selection, again at Government expense. Because his assignment to Long Beach was only temporary, however, he was entitled to transportation of his dependents only from Guam, his last permanent duty station, to Honolulu, his home of selection. Thus, he incurred a liability of $940 to the Government for the transportation provided to his dependents in excess of that authorized. The enrolled bill would relieve Mr. Morgan of his liability to repay the United States the sum of $940 and, furthermore, would authorize payment to him of any amount received or withheld from him on account of his indebtedness. In its enrolled bill letter, the Department of the Navy states: "It appears that the claim against Mr. Morgan arose through no fault of his own. There is nothing in the records of this Department to indicate that he was not acting in good faith. Accordingly, the Department of the Navy has no objection to approval of the enrolled enactment, S. 1276." Wilfred If Rommel Assistant Director for Legislative Reference Enclosures FORDO is G7V830 LIBRARY Y B FORD LIBRARY & GERALD THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 634 Date: October 9, 1974 Time: 9:00 a.m. FOR ACTION: Peoff Shepard cc (for information): Warren K. Hendriks ISC/S Jerry Jones Phill Buchen Paul Theis Bill Timmons FROM THE STAFF SECRETARY DUE: Date: Friday, October 11, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 1276 - For the relief of Joe H. Morgan ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. FORD w 079885 LIBRARY telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON 10/8/74 TO: WARREN HENDRIKS RDC Robert D. Linder TO DIFENSE DE DEPARTMENT OF THE NAVY OFFICE OF THE SECRETARY WASHINGTON, D. C. 20350 UNITED SWIRIA October 4, 1974 Dear Mr. Ash: Your transmittal sheet dated October 3, 1974, enclosing a facsimile of an enrolled bill of Congress, S. 1276, "For the relief of Joe H. Morgan,' and requesting comment of the Department of the Navy, has been received. The purpose of S. 1276 is to relieve Mr. Morgan of liability for a $940.00 indebtedness incurred as a result of travel expenses paid by the government for unauthorized transportation of his dependent wife and child. Mr. Morgan was an active duty Naval Reserve officer from March 4, 1962, until he was involuntarily released from active duty on June 30, 1970, in the grade of lieutenant commander. Lieutenant Commander Morgan was serving as a member of the staff of Commander Landing Ship Squadron Three, homeported in Guam, when he was ordered on temporary duty to the continental United States for separation. At that time, he and his dependents, who had been residing with him in Guam, were issued space-required government contract air transportation from Guam to Norton Air Force Base, California. Lieutenant Commander Morgan was subsequently released from active duty at the U.S. Naval Station, Long Beach, California. In June 1971, he elected Honolulu, Hawaii, as his permanent residence and was issued government contract surface transpor- tation for himself and his dependents from San Francisco, California, to Honolulu, Hawaii. In accordance with government travel regulations, Lieutenant Commander Morgan was entitled to transportation of his dependents at government expense only from his last permanent duty station (Guam) to his home of selection (Honolulu). The cost of the transportation furnished his dependents from Guam to Norton Air Force Base and from San Francisco to Honolulu in excess of the cost of the authorized travel from Guam to Honolulu is the source of the government claim against Lieutenant Commander Morgan. It appears that the claim against Mr. Morgan arose through no fault of his own. There is nothing in the records of this Department to indicate that he was not acting in good faith. Accordingly, the Department of the Navy has no objection to approval of the enrolled enactment, S. 1276. Sincerely yours, Joseph Jr. Acting Secretary of the Navy Hororable Roy L. Ash Director, Office of Management and Budget & FORD Washington, D. C. 20503 BERRLD LIBRARY THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 634 Date: October 9, 1974 Time: 9:00 a.m. FOR ACTION: Geoff Shepard CC (for information): Warren K. Hendriks NSC/S Jerry Jones Phil Buchen Paul Theis Bill Timmons FROM THE STAFF SECRETARY DUE: Date: Friday, October 11, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 1276 - For the relief of Joe H. Morgan ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing noolyeitea 10/9 yes PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks FORD is GERALD LIBRARY telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON October 9, 1974 MEMORANDUM FOR: MR. WARREN HENDRIKS FROM: WILLIAM E. TIMMONS m for wo SUBJECT: Action Memorandum - Log No. 634 Enrolled Bill S. 1276 - For the relief of Joe H. Morgan The Office of Legislative Affairs concurs in the attached proposal and has no additional recommendations. Attachment LIBRARY GERALD R. FORD THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 634 Date: October 9, 1974 Time: 9:00 a.m. FOR ACTION: Geoff Shepard cc (for information): Warren K. Hendriks NSC/S Jerry Jones hil Buchen Paul Theis Bill Timmons FROM THE STAFF SECRETARY DUE: Date: Friday, October 11, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 1276 - For the relief of Joe H. Morgan ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 634 Date: October 9, 1974 Time: 9:00 a.m. FOR ACTION: Geoff Shepard CC (for information): Warren K. Hendriks NSC/S Jerry Jones Phil Buchen Paul Theis Bill Timmons FROM THE STAFF SECRETARY DUE: Date: Friday, October 11, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 1276 - For the relief of Joe H. Morgan ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing No objection D.C. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a SERVICE FORD delay in submitting the required material, please Warren K. Hendriks telephone the Staff Secretary immediately. For the President LIBRARY EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET 1/4/813 WASHINGTON, D.C. 20503 To OCT 8 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 1276 - For the relief of Joe H. Morgan Sponsor - Sen. Fong (R) Hawaii Last Day for Action October 14, 1974 - Monday Purpose Relieves Mr. Morgan of liability to repay the United States $940 which represents the amount of unauthorized travel expenses paid by the United States to transport Mr. Morgan's dependent wife and child. Agency Recommendations Office of Management and Budget Approval Department of the Navy No objection Discussion Mr. Morgan served as an active duty Naval Reserve Officer from 1962 until his involuntary release from active duty in 1970. Upon his separation from the Navy, Mr. Morgan was entitled to transportation of his dependents at Government expense from his last, permanent duty station to his home of selection. Although his last, permanent duty station was in Guam, he was temporarily reassigned to Long Beach, California, for separation. His wife and child, who had been residing with him in Guam, accompanied him to California at Government expense. In 1971, following his release, they were trans- ported from California to Honolulu, Hawaii, his home of a. GERALD FORD LISEART Calendar No. 707 93D CONGRESS SENATE REPORT 2d Session No. 93-731 JOE H. MORGAN MARCH 13, 1974.-Ordered to be printed Mr. FONG, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 1276] The Committee on the Judiciary, to which was referred the bill (S. 1276) for the relief of Joe H. Morgan, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purpose of the proposed legislation is to relieve Mr. Morgan of liability to repay to the United States the sum of $940 representing the amount of unauthorized travel expenses paid by the United States for unauthorized transportation of Mr. Morgan's dependent wife and child. STATEMENT The facts of the case as contained in the report of the Department of the Navy are as follows: The records of this Department show that Mr. Morgan served as an enlisted member of the U.S. Navy from Octo- ber 1, 1940, until November 24, 1946, and as an enlisted member of the U.S. Naval Reserve on inactive duty from November 25, 1946, until November 24, 1954. He accepted appointment as a lieutenant junior grade in the Naval Re- serve on January 15, 1959, and was placed on inactive duty. He was ordered to active duty from Honolulu, Hawaii on is FO 99-007 GERALD 2 3 March 4, 1962, and served until he was involuntarily released from active duty at Long Beach, Calif., on June 30, 1970. until he was involuntarily released from active duty at Long Beach, Calif., on June 30, 1970. Lieutenant Commander Morgan's last permanent duty station was on the staff of Commander Landing Ship, Squad- Lieutenant Commander Morgan's last permanent duty station was ron Three, homeported in Guam. Lieutenant Commander on the staff of Commander Landing Ship Squadron Three, home- Morgan's family was residing with him in Guam when he ported in Guam. Lieutenant Commander Morgan's family was resid- was ordered on temporary duty to the Continental United ing with him in Guam when he was ordered on temporary duty to the States for separation. He and his dependents were issued Continental United States for separation. He and his dependents were issued space required Government contract air transportation from space required government contract air transportation from Guam to Norton Air Force Base in California and he was released Guam to Norton Air Force Base in California and he was from active duty at the naval station at Long Beach, Calif., on released from active duty at the Naval Station in Long Beach, June 30, 1970. In June of 1971 he elected Honolulu, Hawaii, as his Calif. on June 30, 1970. In June of 1971 he elected Honolulu, permanent residence and was issued Government contract surface Hawaii as his permanent residence and was issued Govern- transportation for himself and his dependents from San Francisco, ment contract surface transportation for himself and his Calif., to Honolulu, Hawaii. dependents from San Francisco, Calif. to Honolulu, Hawaii. In accordance with Government travel regulations, Lieutenant Com- In accordance with Government travel regulations, Lieu- mander Morgan was only entitled to transportation of his dependents tenant Commander Morgan was only entitled to transpor- at Government expense from his last permanent duty station, Guam, tation of his dependents at Government expense from his to Honolulu, his home of selection. The cost for transportation fur- last permanent duty station, Guam, to Honolulu, his home nished his dependents from Guam to Norton Air Force Base and from of selection. The cost for transportation furnished his depend- San Francisco to Honolulu in excess of the costs for the authorized ents from Guam to Norton Air Force Base and from San travel from Guam to Honolulu is the source of the Government claim Francisco to Honolulu in excess of the costs for the author- against Lieutenant Commander Morgan. ized travel from Guam to Honolulu is the source of the Gov- It appears that the claim against Lieutenant Commander Morgan ernment claim against Lieutenant Commander Morgan. arose through no fault of his own. There is nothing in the records of It appears that the claim against Lieutenant Commander this Department to indicate that Lieutenant Commander Morgan was Morgan arose through no fault of his own. There is nothing not acting in good faith. in the records of this Department to indicate that Lieutenant For this reason, the Department of the Navy would interpose no Commander Morgan was not acting in good faith. objection to the enactment of S. 1276. For this reason, the Department of the Navy would inter- The Office of Management and Budget advises that, from the stand- pose no objection to the enactment of S. 1276. point of the administration's program, there is no objection to the In agreement with the views of the Department of the Navy, the presentation of this report for the consideration of the committee. committee recommends favorable consideration of S. 1276, without For the Secretary of the Navy. amendment. Sincerely yours, Attached to and made a part of this report is the report of the E. H. WILLETT, Department of the Navy. Captain, U.S. Navy, Deputy Chief. DEPARTMENT OF THE NAVY, OFFICE OF THE SECRETARY, Washington, D.C., January 25, 1974. DEAR MR. CHAIRMAN : Reference is made to your letter to the Sec- retary of the Navy requesting comment on S. 1276, a bill for the relief of Joe H. Morgan. This bill would relieve Mr. Morgan of liability to repay to the United States the sum of $940 representing the amount of unauthorized travel expenses paid by the United States for unauthorized transportation of Mr. Morgan's dependent wife and child. The records of this Department show that Mr. Morgan served as an enlisted member of the U.S. Navy from October 1, 1940, until Novem- ber 24, 1946, and as an enlisted member of the U.S. Naval Reserve on inactive duty from November 25, 1946, until November 24, 1954. He accepted appointment as a lieutenant junior grade in the Naval Reserve on January 15, 1959, and was placed on inactive duty. He was ordered to active duty from Honolulu, Hawaii, on March 4, 1962, and served S.R. 731 S.R. 731 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-1323 JOE H. MORGAN AUGUST 22, 1974.-Committed to the Committee of the Whole House and ordered to be printed Mr. DANIELSON, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 1276] The Committee on the Judiciary, to whom was referred the bill (S. 1276) for the relief of Joe H. Morgan, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE The purpose of the proposed legislation is to relieve Mr. Morgan of liability to repay to the United States the sum of $940 representing the amount of unauthorized travel expenses paid by the United States for unauthorized transportation of Mr. Morgan's dependent wife and child. STATEMENT Mr. Morgan served as an enlisted member of the U.S. Navy from October 1, 1940, until November 24, 1946, and as an enlisted member of the U.S. Naval Reserve on inactive duty from November 25, 1946, until November 24, 1954. He accepted appointment as a lieutenant junior grade in the Naval Reserve on January 15, 1959, and was placed on inactive duty. He was ordered to active duty from Honolulu, Hawaii, until he was involuntarily released from active duty at Long Beach, Calif., on June 30, 1970. Lieutenant Commander Morgan's last permanent duty station was on the staff of Commander Landing Ship Squadron Three, home- ported in Guam. Lieutenant Commander Morgan's family was resid- ing with him in Guam when he was ordered on temporary duty to the Continental United States for separation. He and his dependents were issued space required Government contract air transportation from Guam to Norton Air Force Base in California and he was released from active duty at the naval station at Long Beach, Calif., on June 30, 1970. In June of 1971 he elected Honolulu, Hawaii, as his 38-007 2 3 permanent residence and was issued Government contract surface issued spaced required Government contract air transportation from transportation for himself and his dependents from San Francisco, Guam to Norton Air Force Base in California and he was released Calif., to Honolulu, Hawaii. from active duty at the naval station at Long Beach, Calif., on In accordance with Government travel regulations, Lieutenant Com- June 30, 1970. In June of 1971 he elected Honolulu, Hawaii, as his mander Morgan was only entitled to transportaion of his dependents permanent residence and was issued Government contract surface at Government expense from his last permanent duty station, Guam, transportation for himself and his dependents from San Francisco, to Honolulu, his home of selection. The cost for transportation fur- Calif., to Honolulu, Hawaii. nished his dependents from Guam to Norton Air Force Base and from In accordance with Government travel regulations, Lieutenant Com- San Francisco to Honolulu in excess of the costs for the authorized mander Morgan was only entitled to transportation of his dependents travel from Guam to Honolulu is the source of the Government claim at Government expense from his last permanent duty station, Guam, against Lieutenant Commander Morgan. to Honolulu, his home of selection. The cost for transportation fur- In its report to the Senate committee, the Department of the nished his dependents from Guam to Norton Air Force Base and from Navy indicated it would have no objection to the enactment of the San Francisco to Honolulu in excess of the costs for the authorized bill. In this connection the Navy found that the situation giving rise travel from Guam to Honolulu is the source of the Government claim to the indebtedness referred to in the bill arose through no fault on against Lieutenant Commander Morgan. the part of Lieutenant Commander Morgan. The Navy stated: It appears that the claim against Lieutenant Commander Morgan It appears that the claim against Lieutenant Commander arose through no fault of his own. There is nothing in the records of Morgan arose through no fault of his own. There is nothing this Department to indicate that Lieutenant Commander Morgan was in the records of this Department to indicate that Lieutenant not acting in good faith. Commander Morgan was not acting in good faith. For this reason, the Department of the Navy would interpose no For this reason, the Department of the Navy would inter- objection to the enactment of S. 1276. pose no objection to the enactment of S. 1276. The Office of Management and Budget advises that, from the stand- point of the administration's program, there is no objection to the In view of the facts outlined above, and in light of the unusual presentation of this report for the consideration of the committee. situation in which it appears the officer acted upon advice to the effect For the Secretary of the Navy. that he was entitled to claim such travel for his dependents, it is rec- Sincerely yours, ommended that the bill be considered favorably. E. H. WILLETT, Captain, U.S. Navy, Deputy Chief. DEPARTMENT OF THE NAVY, OFFICE OF THE SECRETARY, O Washington, D.C., January 25, 1974. DEAR MR. CHAIRMAN Reference is made to your letter to the Sec- retary of the Navy requesting comment on S. 1276, a bill for the relief of Joe H. Morgan. This bill would relieve Mr. Morgan of liability to repay to the United States the sum of $940 representing the amount of unauthor- ized travel expenses paid by the United States for unauthorized trans- portation of Mr. Morgan's dependent wife and child. The records of this Department show that Mr. Morgan served as an enlisted member of the U.S. Navy from October 1, 1940, until Novem- ber 24, 1946, and as an enlisted member of the U.S. Naval Reserve on inactive duty from November 25, 1946, until November 24. 1954. He accepted appointment as a lieutenant junior grade in the Naval Re- serve on January 15, 1959, and was placed on inactive duty. He was ordered to active duty from Honolulu, Hawaii, on March 4, 1962, and served until he was involuntarily released from active duty at Long Beach, Calif., on June 30, 1970. Lieutenant Commander Morgan's last permanent duty station was on the staff of Commander Landing Ship Squadron Three, home- ported in Guam. Lieutenant Commander Morgan's family was resid- ing with him in Guam when he was ordered on temporary duty to the Continental United States for separation. He and his dependents were H.R. 1323 H.R. 1323 FORD LIBRANA S. 1276 QERALO LIBRARY Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act For the relief of Joe H. Morgan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Joe H. Morgan of Mililani Town, Hawaii, is relieved of all liability for repayment to the United States of the sum of $940, representing the amount of unauthorized travel expenses paid by the United States to transport the dependent wife and child of the said Joe H. Morgan from Hono- lulu, Hawaii, to Norton Air Force Base, California, in June 1970, and from San Francisco, California, to Honolulu, Hawaii, in June 1971, following the release of the said Joe H. Morgan from active duty with the United States Navy on June 30, 1970. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act. SEC. 2. (a) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Joe H. Morgan the sum of any amount received or withheld from him on account of the indebtedness referred to in the first section of this Act. (b) No part of any amount appropriated in this section shall be paid or delivered to or received by any agent or attorney on account of serv- ices rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any amount notexceeding $1,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. October 2, 1974 Dear Mr. Director: The following bills were received at the White House on October 2nd: S.J. me./192 8. 1276 S. 2337 Please let the President have reports and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable Roy L. Ash Director Office of Management and Budget Washington, D. c. & FORD BERALD