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A-98559, NOVEMBER 22, 1938, 18 COMP. GEN. 464

A-98559 Nov 22, 1938
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HOLDING THAT APPROPRIATIONS FOR TRAVELING EXPENSES ARE NOT AVAILABLE FOR THE ESTABLISHMENT OF ITINERANT FORCES OF TYPISTS AND STENOGRAPHERS WHO WOULD BE ALMOST CONTINUOUSLY IN A TRAVEL STATUS. WAS NOT INTENDED FOR APPLICATION TO A SITUATION SUCH AS THE DETAILING OF CLERKS OF THE IMMIGRATION AND NATURALIZATION SERVICE AWAY FROM THEIR DESIGNATED POSTS OF DUTY TO OTHER POINTS WHERE. OR AN INSUFFICIENT NUMBER OF SUCH PERSONNEL ARE AVAILABLE FOR THE PROSECUTION OF THE WORK INVOLVED. IS AS FOLLOWS: THERE IS TRANSMITTED HEREWITH FOR RECONSIDERATION A CLAIM IN FAVOR OF GUY G. THIS ACTION IS TAKEN IN THE INTERESTS OF THE GOVERNMENT. YOU WILL NOTE FROM THE PREAUDIT DIFFERENCE STATEMENT ATTACHED TO THE VOUCHER THAT IT WAS RETURNED TO THIS DEPARTMENT WITHOUT CERTIFICATION "AS APPROPRIATIONS FOR TRAVELING EXPENSES PAYABLE IN ACCORDANCE WITH THE SUBSISTENCE EXPENSE ACT OF 1926.

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A-98559, NOVEMBER 22, 1938, 18 COMP. GEN. 464

TRAVELING EXPENSES - STENOGRAPHIC SERVICE DETAILS VERSUS APPOINTMENTS FOR SERVICES OF AN ITINERANT NATURE DECISION OF JUNE 23, 1938, 17 COMP. GEN. 1102, HOLDING THAT APPROPRIATIONS FOR TRAVELING EXPENSES ARE NOT AVAILABLE FOR THE ESTABLISHMENT OF ITINERANT FORCES OF TYPISTS AND STENOGRAPHERS WHO WOULD BE ALMOST CONTINUOUSLY IN A TRAVEL STATUS, WAS NOT INTENDED FOR APPLICATION TO A SITUATION SUCH AS THE DETAILING OF CLERKS OF THE IMMIGRATION AND NATURALIZATION SERVICE AWAY FROM THEIR DESIGNATED POSTS OF DUTY TO OTHER POINTS WHERE, BECAUSE OF THE SEASONAL CHARACTER OF THE WORK, THE GREAT NUMBER OF PORTS OF ENTRY AND SUBSTATIONS INVOLVED, AND THE ABSENCE OF REGULAR STAFF EMPLOYEES ON ANNUAL AND SICK LEAVE, NO STENOGRAPHIC OR CLERICAL PERSONNEL, OR AN INSUFFICIENT NUMBER OF SUCH PERSONNEL ARE AVAILABLE FOR THE PROSECUTION OF THE WORK INVOLVED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, NOVEMBER 22, 1938:

YOUR LETTER OF OCTOBER 13, 1938, IS AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR RECONSIDERATION A CLAIM IN FAVOR OF GUY G. SHELTON, CLERK, EMPLOYED IN THE IMMIGRATION AND NATURALIZATION SERVICE, WITH OFFICIAL STATION AT NOGALES, ARIZONA. THIS ACTION IS TAKEN IN THE INTERESTS OF THE GOVERNMENT, ALTHOUGH THE VOUCHER REPRESENTS A CLAIM FOR REIMBURSEMENT ON THE PART OF THE EMPLOYEE FOR TRAVELING EXPENSES, INCLUDING PER DIEM, INCURRED IN CONNECTION WITH HIS TEMPORARY DETAIL TO EL PASO, TEX., FROM HIS OFFICIAL STATION, NOGALES, ARIZONA, COMMENCING JULY 29, 1938.

YOU WILL NOTE FROM THE PREAUDIT DIFFERENCE STATEMENT ATTACHED TO THE VOUCHER THAT IT WAS RETURNED TO THIS DEPARTMENT WITHOUT CERTIFICATION "AS APPROPRIATIONS FOR TRAVELING EXPENSES PAYABLE IN ACCORDANCE WITH THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ARE NOT AVAILABLE FOR TRAVELING EXPENSES OF TYPISTS AND STENOGRAPHERS OTHER THAN THOSE ACCOMPANYING OFFICERS OR EMPLOYEES, OR FIELD PARTIES, IN A TRAVEL STATUS.' IN SUPPORT OF ITS ACTION, THE AUDIT DIVISION OF THE GENERAL ACCOUNTING OFFICE CITES YOUR DECISION OF JUNE 23, 1938, (17 C.G. 1102).

IT HAS BEEN THE PRACTICE FOR MANY YEARS IN THE IMMIGRATION AND NATURALIZATION SERVICE TO DETAIL CLERKS AWAY FROM THEIR DESIGNATED POSTS OF DUTY TO OTHER POINTS WHERE THE SERVICES OF A STENOGRAPHER OR CLERK WERE NOT AVAILABLE, FOR THE PURPOSE OF TAKING TESTIMONY AT HEARINGS UNDER WARRANTS OF ARRESTS AND DEPORTATION ISSUED BY THE SECRETARY OF LABOR, OR DEPOSITIONS IN CONNECTION WITH APPLICATIONS FOR NATURALIZATION, RE-ENTRY PERMITS, AND OTHER IMMIGRATION AND NATURALIZATION DOCUMENTS. THERE ARE 250 PORTS OF ENTRY AND SUBSTATIONS IN THE IMMIGRATION AND NATURALIZATION SERVICE, AND THE LIMITS OF THE SALARY APPROPRIATION DO NOT PERMIT OF THE ASSIGNMENT OF ONE OR MORE PERMANENT CLERKS TO EACH SUCH PORT OR SUBSTATION. EVEN AT THE LARGER SUBSTATIONS AND PORTS OF ENTRY IT IS NOT POSSIBLE TO REGULARLY KEEP THE WORK CURRENT WHEN MEMBERS OF THE STAFF ARE ABSENT ON ANNUAL OR SICK LEAVE. AT MANY POINTS THE WORK IS SEASONAL IN CHARACTER, AND IN THE INTERESTS OF ECONOMY, CLERKS ARE DETAILED FROM THEIR OFFICIAL STATIONS TO OTHER PORTS TO ASSIST IN DISPOSING OF THIS SEASONAL WORK.

IN CONNECTION WITH THE APPROPRIATIONS FOR THE FISCAL YEAR 1938 THE CONGRESS MADE A SEPARATE APPROPRIATION FOR TRAVELING EXPENSES OF EMPLOYEES OF THE DEPARTMENT OF LABOR, WHICH PROVIDED FOR ALL TRAVELING EXPENSES EXCEPT TRAVELING EXPENSES INCIDENT TO THE DEPORTATION AND REMOVAL OF ALIENS, AND PERSONS SUBJECT TO THE CHINESE EXCLUSION LAWS.

IN THE OPINION OF THE DEPARTMENT, HOWEVER, THERE WAS NO INTENTION ON THE PART OF CONGRESS TO CHANGE THE LONG ESTABLISHED PRACTICE IN THE IMMIGRATION AND NATURALIZATION SERVICE OF AUTHORIZING THE REIMBURSEMENT OF TRAVEL EXPENSES, INCLUDING PER DIEM, OF CLERKS AND OTHER EMPLOYEES DETAILED AWAY FROM THEIR OFFICIAL STATIONS UNDER PROPER AUTHORITY, BECAUSE TRAVEL FUNDS FOR PERSONNEL WERE APPROPRIATED UNDER A DIFFERENT APPROPRIATION TITLE, I.E., "TRAVELING EXPENSES, DEPARTMENT OF OR.' THIS CONNECTION, ATTENTION IS INVITED TO THE REPORT OF THE HOUSE SUBCOMMITTEE ON APPROPRIATIONS DATED MARCH 19, 1937, (NO. 433, 75TH CONG., 1ST SESS.), PAGE 3, IN WHICH THE MATTER WAS DISCUSSED IN DETAIL.

IF THE DECISION ABOVE REFERRED TO IS HELD TO BE APPLICABLE TO THE IMMIGRATION AND NATURALIZATION SERVICE BECAUSE OF THE ADOPTION OF A NEW APPROPRIATION POLICY WITH RESPECT TO TRAVELING EXPENSES OF EMPLOYEES, IT WILL SERIOUSLY HANDICAP THE WORK OF THE SERVICE.

AN EARLY REPLY HERETO WILL BE GREATLY APPRECIATED, AS INSTRUCTIONS HAVE BEEN ISSUED TO WITHHOLD THE SUBMISSION OF TRAVEL VOUCHERS TO YOUR OFFICE WHERE THEY INVOLVE EXPENSES INCURRED UNDER CIRCUMSTANCES SIMILAR TO THOSE IN THE VOUCHER OF CLERK SHELTON.

THE DECISION OF JUNE 23, 1938, 17 COMP. GEN. 1102, HELD THAT THE APPROPRIATIONS FOR TRAVELING EXPENSES ARE NOT AVAILABLE FOR THE ESTABLISHMENT OF ITINERANT FORCES OF TYPISTS AND STENOGRAPHERS WHO WOULD BE ALMOST CONTINUOUSLY IN A TRAVEL STATUS. SAID DECISION WAS NOT INTENDED TO HAVE APPLICATION TO A SITUATION SUCH AS IS SET FORTH IN PARAGRAPH 3 OF YOUR LETTER. ACCORDINGLY, THE VOUCHER SUBMITTED WITH YOUR LETTER WILL BE CERTIFIED FOR PAYMENT IN DUE COURSE, IF OTHERWISE CORRECT.

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