B-126066, OCT. 10, 1957

B-126066, OCT. 10, 1957

TO MR. C. F. BARKER, ACTING CHIEF, AUDITS AND ACCOUNTS DIVISION, AUTHORIZED CERTIFYING OFFICER, BUREAU OF PUBLIC ROADS, DEPARTMENT OF COMMERCE:

YOUR LETTER OF JULY 25, 1957 (FILE 24-20.2), REQUESTS RECONSIDERATION OF OUR DECISION B-126066, FEBRUARY 7, 1956, IN VIEW OF OUR MORE RECENT DECISION B-129858, DECEMBER 21, 1956, 36 COMP. GEN. 474.

IN B-126066, FEBRUARY 7, 1956, OUR OFFICE REFUSED TO ALLOW CERTIFICATION OF A TRAVEL VOUCHER IN FAVOR OF SYLVESTER E. RIDGE, IN THE AMOUNT OF $164.60, COVERING TRAVEL EXPENSES INCURRED DURING THE PERIOD JULY 31, TO AUGUST 13, 1955, INCIDENT TO HIS ATTENDING A DIGITAL COMPUTER COURSE AT THE UNIVERSITY OF MICHIGAN. YOUR CONTENTION IS THAT IN VIEW OF OUR DECISION B-129858, DECEMBER 21, 1956, 36 COMP. GEN. 474, IN WHICH WE ALLOWED TRAVEL EXPENSES OF CERTAIN CIVIL AERONAUTICS ADMINISTRATION EMPLOYEES WHO ATTENDED A MANAGEMENT CONFERENCE FOR GOVERNMENT ADMINISTRATORS AT THE UNIVERSITY OF HAWAII, THE TRAVEL EXPENSES OF MR. RIDGE SHOULD BE ALLOWED. YOU SUBMIT THAT THE ACTIVITIES AT THE UNIVERSITY OF MICHIGAN AND THOSE AT THE UNIVERSITY OF HAWAII WERE SIMILAR IN MANY RESPECTS AND THAT, IN FACT, MR. RIDGE ATTENDED A "MEETING" RATHER THAN A "COURSE" AND FOR THESE REASONS MR. RIDGE'S TRAVELING EXPENSES SHOULD BE ALLOWED.

IT SHOULD BE POINTED OUT THAT OUR OFFICE MADE NO OBJECTION TO THE PAYMENT OF THE FEES OF $160 TO THE UNIVERSITY OF MICHIGAN. OUR PREVIOUS HOLDING AND YOUR SUBMISSION RELATE ONLY TO THE PROPRIETY OF PAYING THE SUBJECT TRAVELING EXPENSES INCURRED INCIDENT TO THE ATTENDANCE AT THE UNIVERSITY OF MICHIGAN.

SECTION 16 OF THE DEFENSE HIGHWAY ACT OF 1941, 55 STAT. 770, 23 U.S.C. 116, WHICH IS THE LANGUAGE THAT PROVIDES FOR THE DETAIL OF EMPLOYEES OF THE BUREAU OF PUBLIC ROADS TO TECHNICAL INSTITUTIONS PROVIDES:

"DURING ANY FISCAL YEAR THE COMMISSIONER OF PUBLIC ROADS IS AUTHORIZED, IN HIS DISCRETION, TO DETAIL NOT TO EXCEED TEN OF THE REGULARLY EMPLOYED PERSONNEL OF THE BUREAU OF PUBLIC ROADS AS STUDENTS FOR LIMITED PERIODS AT SUCH TECHNICAL INSTITUTIONS AS WILL ENABLE SUCH PERSONNEL TO ACQUIRE SPECIAL KNOWLEDGE WHICH WILL BETTER FIT THEM FOR THE LINES OF WORK TO WHICH THEY ARE ASSIGNED: PROVIDED, THAT NO EXPENSE OTHER THAN THE SALARIES OF PERSONNEL SO DETAILED AND THE COST OF TUITION AND OTHER REGULAR FEES REQUIRED AT SUCH INSTITUTIONS SHALL BE INCURRED BY THE UNITED STATES UNDER THIS SECTION.'

THIS WAS THE STATUTE CONSIDERED IN B-126066, FEBRUARY 7, 1956. IN THAT DECISION WE SAID AT,"THE EXPENSES FOR WHICH REIMBURSEMENTS ARE SOUGHT * * * ARE FOR ITEMS OTHER THAN THOSE SPECIFIED IN THE PROVISO TO SECTION 16.' IN OTHER WORDS, FOLLOWING THE GENERAL RULE OF STATUTORY INTERPRETATION THAT WHERE PERSONS AND THINGS TO WHICH A STATUTE REFERS ARE AFFIRMATIVELY OR NEGATIVELY DESIGNATED,THERE IS AN INFERENCE THAT ALL OMISSIONS WERE INTENDED BY THE LEGISLATURE, WE DETERMINED THAT BECAUSE CONGRESS HAD ENUMERATED THOSE THINGS WHICH MIGHT BE PAID AND EXCLUDED ALL OTHER ITEMS FROM PAYMENT, ANY ITEM NOT NAMED IN THE PROVISION WAS NOT FOR PAYMENT. SEE SECTION 4915, SUTHERLAND STATUTORY CONSTRUCTION, THIRD EDITION.

THE STATUTORY LANGUAGE CONSIDERED IN B-129858, DECEMBER 21, 1956, 36 COMP. GEN. 474, WAS OF AN ALTOGETHER DIFFERENT TYPE. IN THAT DECISION THE STATUTE UNDER CONSIDERATION WAS SECTION 103 OF THE DEPARTMENT OF COMMERCE AND RELATED AGENCIES APPROPRIATION ACT, 1956, 69 STAT. 234. THAT STATUTE PROVIDES IN PERTINENT PART AS FOLLOWS:

"APPROPRIATIONS IN THIS TITLE AVAILABLE FOR SALARIES AND EXPENSES SHALL BE AVAILABLE FOR EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE ACTIVITIES FOR WHICH THE APPROPRIATIONS ARE MADE * *

IT READILY IS APPARENT THAT IN THE ABOVE QUOTED LANGUAGE THE CONGRESS HAS NOT DESIGNATED PARTICULAR ITEMS FOR ALLOWANCE OR DISALLOWANCE. IT IS BROAD IN NATURE IN THAT IT SIMPLY PROVIDES THAT "APPROPRIATIONS * * * AVAILABLE FOR SALARIES AND EXPENSES SHALL BE AVAILABLE FOR EXPENSES OF ATTENDANCE AT MEETINGS.' CLEARLY THEN, WHERE THE CONGRESS HAS PROVIDED FOR THE PAYMENT OF ,EXPENSES" IN ONE STATUTE AND PROVIDED FOR PAYMENT OF ONLY DESIGNATED ITEMS IN ANOTHER STATUTE, ANY DECISION RENDERED PURSUANT TO THE GENERAL STATUTORY LANGUAGE MUST BE NECESSITY SERVE AS PRECEDENT ONLY WHERE THERE IS THE SAME OR SIMILAR STATUTORY LANGUAGE GOVERNING THE CASE. IT FOLLOWS THAT B-129858, DECEMBER 21, 1956, 36 COMP. GEN. 474, CAN NOT BETHE BASIS FOR A REVERSAL OF THE DISALLOWANCE IN OUR DECISION B- 126006, FEBRUARY 7, 1956.

WHILE OUR DECISION OF FEBRUARY 7 REFERRED TO THE GENERAL RULE STATED IN 34 COMP. GEN. 631, WE POINTED OUT THAT UNDER SECTION 16 OF THE CONTROLLING STATUTE ALLOWABLE EXPENSES WERE RESTRICTED IN MR. RIDGE'S CASE TO CERTAIN SPECIFIED ITEMS. THE CONCLUSION IN THE CASE DID NOT HINGE UPON WHETHER THE CLAIMANT ATTENDED A "COURSE" OR A "MEETING.' RATHER WE CONCLUDED THAT HIS ASSIGNMENT TO THE UNIVERSITY OF MICHIGAN WAS COVERED BY THE LANGUAGE OF SECTION 16 "DETAIL * * * AS STUDENTS FOR LIMITED PERIODS * * * AT SUCH TECHNICAL INSTITUTIONS AS WILL ENABLE SUCH PERSONNEL TO ACQUIRE SPECIAL KNOWLEDGE WHICH WILL BETTER FIT THEM FOR THE LINES OF WORK TO WHICH THEY ARE ASSIGNED.'

THEREFORE, UPON THE PRESENT RECORD, THE HOLDING IN B-126006, FEBRUARY 7, 1956, THAT MR. RIDGE'S TRAVELING EXPENSES MAY NOT BE REIMBURSED IS SUSTAINED.