A-13067, NOV. 15, 1957
Highlights
ENCLOSED CERTAIN BILLS FROM THE WESTERN UNION TELEGRAPH COMPANY FOR TELEGRAMS REQUESTING OR CONFIRMING HOTEL ACCOMMODATIONS FOR FIELD EMPLOYEES WHO WERE TO BE TEMPORARILY ASSIGNED TO ANOTHER DISTRICT OFFICE. YOUR LETTER STATES THAT THE MESSAGES WERE TRANSMITTED BY THE DISTRICT OFFICE MANAGERS PRIMARILY TO FACILITATE THE COMPLETION OF ARRANGEMENTS FOR AN EMERGENCY DETAIL. ARRANGEMENTS FOR THE TRAVEL AND NECESSARY ACCOMMODATIONS WERE MADE BY THE DISTRICT MANAGERS ON SHORT NOTICE EXPRESSLY TO AVOID ANY UNDUE DELAY IN THE BEGINNING OF THE DETAIL ASSIGNMENTS WHICH WERE ESSENTIAL TO THE PROMPT PAYMENT OF BENEFITS TO PERSONS ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT. WE CONSISTENTLY HAVE HELD THAT.
A-13067, NOV. 15, 1957
TO MR. EDWARD J. O-BRIEN, AUTHORIZED CERTIFYING OFFICER, SOCIAL SECURITY ADMINISTRATION:
YOUR LETTER OF OCTOBER 23, 1957, FILE 14:M:FA, ENCLOSED CERTAIN BILLS FROM THE WESTERN UNION TELEGRAPH COMPANY FOR TELEGRAMS REQUESTING OR CONFIRMING HOTEL ACCOMMODATIONS FOR FIELD EMPLOYEES WHO WERE TO BE TEMPORARILY ASSIGNED TO ANOTHER DISTRICT OFFICE, AND REQUESTED A DECISION AS TO WHETHER THE BILLS MAY PROPERLY BE PAID FROM APPROPRIATED FUNDS.
YOUR LETTER STATES THAT THE MESSAGES WERE TRANSMITTED BY THE DISTRICT OFFICE MANAGERS PRIMARILY TO FACILITATE THE COMPLETION OF ARRANGEMENTS FOR AN EMERGENCY DETAIL, ORDERED BY THE CENTRAL OFFICE OF THE BUREAU, FOR THE PURPOSE OF LENDING ASSISTANCE AS QUICKLY AS POSSIBLE TO THOSE DISTRICT OFFICES IN THE MIDWEST WHICH HAD EXPERIENCED A PEAK WORKLOAD OF AGRICULTURAL CLAIMS. ARRANGEMENTS FOR THE TRAVEL AND NECESSARY ACCOMMODATIONS WERE MADE BY THE DISTRICT MANAGERS ON SHORT NOTICE EXPRESSLY TO AVOID ANY UNDUE DELAY IN THE BEGINNING OF THE DETAIL ASSIGNMENTS WHICH WERE ESSENTIAL TO THE PROMPT PAYMENT OF BENEFITS TO PERSONS ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT.
PARAGRAPH 6.1 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT THE PER DIEM IN LIEU OF SUBSISTENCE EXPENSES INCLUDES ALL CHARGES FOR, AMONG OTHER THINGS, TELEGRAMS AND TELEPHONE CALLS RESERVING HOTEL ACCOMMODATIONS. IN VIEW THEREOF, WE CONSISTENTLY HAVE HELD THAT, WHERE THE PRIMARY PURPOSE OF A TELEGRAM IS TO REQUEST OR CONFIRM ROOM RESERVATIONS FOR EMPLOYEES, THE COST THEREOF IS A PERSONAL EXPENSE REQUIRED TO BE BORNE BY THE EMPLOYEE. 31 COMP. GEN. 474; 30 ID. 89; 24 ID. 583.
SINCE THE TELEGRAMS HERE INVOLVED WERE FOR THE SOLE PURPOSE OF REQUESTING OR CONFIRMING ROOM RESERVATIONS FOR EMPLOYEES WHO WERE BEING TEMPORARILY TRANSFERRED TO OTHER DISTRICT OFFICES AND SUCH EMPLOYEES APPARENTLY WERE PAID PER DIEM IN LIEU OF SUBSISTENCE EXPENSES, WE KNOW OF NO VALID BASIS FOR REGARDING THE TELEGRAMS AS HAVING BEEN SENT ON OFFICIAL BUSINESS. IS IMMATERIAL THAT NONE OF THE MESSAGES WAS SENT BY THE EMPLOYEES FOR WHOM THE HOTEL RESERVATIONS WERE REQUESTED OR CONFIRMED, AND THAT THE SENDERS WERE NOT IN A TRAVEL STATUS AT THE TIME THE MESSAGES WERE TRANSMITTED. FURTHERMORE, THERE IS NOTHING TO INDICATE THAT THE TWO MESSAGES REQUESTING RESERVATIONS WERE NOT SENT UPON REQUEST OF THE EMPLOYEES OR THAT THE CONFIRMING MESSAGES WERE NOT SENT IN RESPONSE TO INQUIRIES OF THE EMPLOYEES. WHETHER SUCH BE THE CASE, IN ANY EVENT THE MESSAGES RELATED TO THE PERSONAL COMFORT AND CONVENIENCE OF SAID EMPLOYEES AND WERE FOR THEIR BENEFIT.
THEREFORE, THE BILLS, COVERING MESSAGES OF A PURELY PERSONAL NATURE, MAY NOT BE PAID FROM ANY APPROPRIATION NOT MADE SPECIFICALLY AVAILABLE THEREFOR.
WHILE WE HAVE RENDERED A DECISION IN THIS MATTER AT THIS TIME IN ORDER NOT TO DELAY THE COLLECTION OF THE COSTS OF THE TELEGRAMS FROM THE EMPLOYEES AND THE SUBSEQUENT PAYMENT OF THE BILLS AS SOON AS POSSIBLE FOR TRANSMITTING THE MESSAGES, YOUR ATTENTION IS DIRECTED TO THE DECISION PUBLISHED AT 26 COMP. GEN. 797 REQUIRING THAT CERTIFYING OFFICERS DISCLOSE THE APPROPRIATION PROPOSED TO BE CHARGED WITH ANY PAYMENT CONCERNING WHICH A DECISION IS REQUESTED.