A-12051, MARCH 20, 1926, 5 COMP. GEN. 746

A-12051, MARCH 20, 1926, 5 COMP. GEN. 746

TRAVELING EXPENSES - OFFICERS AND EMPLOYEES ATTENDING CONVENTIONS THE ATTENDANCE AND PRESENTATION OF A PAPER AT A CONVENTION OR CONFERENCE OF MEMBERS OF A SOCIETY OR ASSOCIATION BY AN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHILE ON AN OFFICIAL BUSINESS TRIP, THUS INTERMINGLING AUTHORIZED OFFICIAL BUSINESS WITH ACTIVITIES, THE EXPENSES OF WHICH ARE PROHIBITED BY THE ACT OF JUNE 26, 1912, 37 STAT. 184, RENDER IT IMPOSSIBLE TO SEPARATE THE AUTHORIZED EXPENSES FROM THOSE PROHIBITED AND NECESSITATES THE DISALLOWANCE OR RECHARGING OF THE TOTAL EXPENSES OF SUCH TRIP.

COMPTROLLER GENERAL MCCARL TO THE CHIEF, CHILDREN'S BUREAU, DEPARTMENT OF LABOR, MARCH 20, 1926:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF FEBRUARY 27, 1926, REQUESTING RECONSIDERATION OF SO MUCH OF MY DECISION OF FEBRUARY 9, 1926, 5 COMP. GEN. 599, AS DIRECTS A CHARGE TO BE RAISED AGAINST YOU FOR PAYMENTS MADE TO RAILROADS ON TRANSPORTATION REQUESTS USED IN TRAVELING FROM WASHINGTON, D.C., TO CHICAGO, ILL., AND RETURN, IN DECEMBER, 1924, AND JANUARY, 1925, THE ACTION HAVING BEEN TAKEN BECAUSE YOU ATTENDED A MEETING OF A SOCIETY OR ASSOCIATION WHILE IN CHICAGO.

YOU MAKE THE FOLLOWING STATEMENT RELATIVE TO YOUR PRESENCE IN CHICAGO AT THAT TIME:

(1) THAT I AM NOT AND NEVER HAVE BEEN A MEMBER OF THE AMERICAN STATISTICAL ASSOCIATION, AND DID NOT ATTEND THE MEETINGS OF THE ASSOCIATION AS A MEMBER OR OFFICIALLY.

(2) THAT I WENT TO CHICAGO ON OFFICIAL BUSINESS CONNECTED WITH RESEARCH EITHER ALREADY BEING DONE BY THE BUREAU OR WHICH THE BUREAU WAS CONSIDERING UNDERTAKING.

(3) THAT I WOULD HAVE HAD TO GO TO CHICAGO AT THAT TIME WHETHER THE ASSOCIATION HAD OR HAD NOT BEEN MEETING, BECAUSE IT WAS NOT POSSIBLE FOR ME TO LEAVE WASHINGTON EARLIER IN DECEMBER--- THE ASSISTANT CHIEF BEING ABSENT ON ACCOUNT OF ILLNESS--- AND JANUARY IS ALWAYS A DIFFICULT TIME TO BE AWAY. (IN FOUR YEARS I HAVE HAD TO ABANDON JANUARY TRIPS BECAUSE OF OFFICIAL BUSINESS IN WASHINGTON.)

(4) THAT WHILE IN CHICAGO ON OFFICIAL BUSINESS I READ A PAPER AT ONE OF THE SESSIONS OF THE AMERICAN STATISTICAL ASSOCIATION. WHEN I ACCEPTED THE INVITATION TO READ THIS PAPER, I EXPECTED TO BE IN CHICAGO, UNOFFICIALLY, ON THE WAY BACK FROM NEBRASKA WHERE I USUALLY SPEND THE CHRISTMAS HOLIDAYS. I WAS PREVENTED FROM LEAVING WASHINGTON BEFORE CHRISTMAS BY OFFICIAL BUSINESS AND HENCE DID NOT MAKE THE TRIP TO NEBRASKA IN DECEMBER, AS I HAVE DONE IN OTHER YEARS INCLUDING 1925 AND, AS PART OF THE SAME CHAIN OF EVENTS, I WAS IN CHICAGO OFFICIALLY IN CONNECTION WITH BUREAU RESEARCH.

THE ACT OF JUNE 26, 1912, 37 STAT. 184, CONTAINS THE FOLLOWING PROVISIONS:

NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE EXPENDED * * * FOR EXPENSES OF ATTENDANCE OF ANY PERSON AT ANY MEETING OR CONVENTION OF MEMBERS OF ANY SOCIETY OR ASSOCIATION, UNLESS SUCH * * * EXPENSES ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION.

THE FACT THAT YOU ARE NOT A MEMBER OF THE AMERICAN STATISTICAL ASSOCIATION OR THAT YOU MAY HAVE HAD OTHER OFFICIAL BUSINESS IN CHICAGO DURING YOUR STAY THERE DOES NOT RENDER THE PROVISION ABOVE QUOTED INAPPLICABLE TO YOUR CASE. YOU DID ATTEND A MEETING OF MEMBERS OF A SOCIETY OR AN ASSOCIATION AND THERE IS NO APPROPRIATION PROVIDING FOR EXPENSES INCIDENT THERETO. THEREFORE THE ABOVE-QUOTED PROVISION IS APPLICABLE. THE INTERMINGLING OF AUTHORIZED OFFICIAL BUSINESS WITH ACTIVITIES, THE EXPENSES OF WHICH ARE PROHIBITED BY STATUTE, RENDERS IT IMPOSSIBLE TO SEPARATE THE AUTHORIZED EXPENSES FROM THOSE PROHIBITED AND MAKES IT NECESSARY TO DISALLOW OR RECHARGE THE TOTAL OF SUCH EXPENSES. COMP. GEN. 299. IT COULD NOT BE SAID, FOR INSTANCE, THAT THE ONLY EXPENSE OF ATTENDING THE MEETING OR CONVENTION OF THE SOCIETY WAS MERELY THE EMPLOYEE'S SUBSISTENCE ALLOWANCE OR EXPENSES ON THAT PARTICULAR DAY ANY MORE THAN IT COULD BE SAID THAT THE ONLY EXPENSE INCIDENT TO THE OFFICIAL DUTY PERFORMED IN CHICAGO AT THE TIME WAS THE SUBSISTENCE EXPENSE OR ALLOWANCE FOR SUCH PERIOD AS SUCH OFFICIAL DUTY MIGHT HAVE REQUIRED THE STAY IN CHICAGO TO BE EXTENDED BEYOND THE TIME NECESSARY TO ATTEND THE MEETING.

IT IS NOT NECESSARY TO PLAN OFFICIAL TRAVEL TO AVOID VISITING A CITY WHEN ANY CONVENTION OR CONFERENCE IS IN PROGRESS THERE, PROVIDED THE EMPLOYEE DOES NOT ATTEND ANY MEETING THEREOF OR OTHERWISE PARTICIPATES THEREIN, OR DOES NOT ESPECIALLY PLAN THE TRIP TO BE PRESENT WHEN THE CONVENTION IS IN PROGRESS.

AS STATED IN MY DECISION OF FEBRUARY 9, 1926, IF THE WORK OF YOUR OFFICE OR BUREAU IS SUCH THAT IT WOULD BE IN THE INTEREST OF THE GOVERNMENT FOR THE OFFICERS AND EMPLOYEES THEREOF TO ATTEND MEETINGS OR CONVENTIONS OF MEMBERS OF SOCIETIES OR ASSOCIATIONS, THE MATTER SHOULD BE PRESENTED TO THE CONGRESS.

UPON RECONSIDERATION THE DECISION OF FEBRUARY 9, 1926, MUST BE AND IS AFFIRMED.