A-4898, SEPTEMBER 8, 1924, 4 COMP. GEN. 281

A-4898: Sep 8, 1924

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TRAVELING EXPENSES OF STATE DIRECTORS ATTENDING A CONFERENCE IN WASHINGTON WHERE IT IS ADMINISTRATIVELY DETERMINED THAT THE ATTENDANCE UPON A CONFERENCE IN WASHINGTON CALLED BY THE CHILDREN'S BUREAU OF STATE DIRECTORS WHO ADMINISTER THE MATERNITY AND INFANCY ACT LOCALLY IN THE DIFFERENT STATES IS NECESSARY FOR THE ACCOMPLISHMENT OF THE PURPOSES OF THE STATUTE. THE CURRENT APPROPRIATION PROVIDING FOR THE ADMINISTRATION OF THE ACT UNDER THE CHILDREN'S BUREAU IS PROPERLY CHARGEABLE. 1924: I HAVE YOUR LETTER OF AUGUST 27. IS AVAILABLE FOR PAYMENT OF THE TRANSPORTATION AND TRAVELING EXPENSES OF STATE DIRECTORS WHO ADMINISTER THE MATERNITY AND INFANCY ACT LOCALLY IN THE DIFFERENT STATES WHILE IN ATTENDANCE UPON A CONFERENCE TO BE CALLED BY THE CHILDREN'S BUREAU IN WASHINGTON.

A-4898, SEPTEMBER 8, 1924, 4 COMP. GEN. 281

TRAVELING EXPENSES OF STATE DIRECTORS ATTENDING A CONFERENCE IN WASHINGTON WHERE IT IS ADMINISTRATIVELY DETERMINED THAT THE ATTENDANCE UPON A CONFERENCE IN WASHINGTON CALLED BY THE CHILDREN'S BUREAU OF STATE DIRECTORS WHO ADMINISTER THE MATERNITY AND INFANCY ACT LOCALLY IN THE DIFFERENT STATES IS NECESSARY FOR THE ACCOMPLISHMENT OF THE PURPOSES OF THE STATUTE, THE CURRENT APPROPRIATION PROVIDING FOR THE ADMINISTRATION OF THE ACT UNDER THE CHILDREN'S BUREAU IS PROPERLY CHARGEABLE, WITHIN THE STATUTORY LIMITATIONS, WITH THE ACTUAL EXPENSES OF TRANSPORTATION AND TRAVELING EXPENSES OF THE STATE DIRECTORS INCURRED INCIDENT TO THEIR ATTENDANCE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, SEPTEMBER 8, 1924:

I HAVE YOUR LETTER OF AUGUST 27, 1924, REQUESTING DECISION WHETHER THE APPROPRIATION FOR ,PROMOTION OF THE WELFARE AND HYGIENE OF MATERNITY AND INFANCY" UNDER THE CHILDREN'S BUREAU, ACT OF MAY 28, 1924, 43 STAT. 241, IS AVAILABLE FOR PAYMENT OF THE TRANSPORTATION AND TRAVELING EXPENSES OF STATE DIRECTORS WHO ADMINISTER THE MATERNITY AND INFANCY ACT LOCALLY IN THE DIFFERENT STATES WHILE IN ATTENDANCE UPON A CONFERENCE TO BE CALLED BY THE CHILDREN'S BUREAU IN WASHINGTON.

THE APPROPRIATION IS AS FOLLOWS:

PROMOTION OF THE WELFARE AND HYGIENE OF MATERNITY AND INFANCY: FOR CARRYING OUT THE PROVISIONS OF THE ACT ENTITLED "AN ACT FOR THE PROMOTION OF THE WELFARE AND HYGIENE OF MATERNITY AND INFANCY, AND FOR OTHER PURPOSES," APPROVED NOVEMBER 23, 1921, $1,007,092.51: PROVIDED,THAT THE APPORTIONMENTS TO THE STATES AND TO THE CHILDREN'S BUREAU FOR ADMINISTRATION SHALL BE COMPUTED ON THE BASIS OF NOT TO EXCEED $1,240,000, AS AUTHORIZED BY THE ACT ENTITLED "AN ACT FOR THE PROMOTION OF THE WELFARE AND HYGIENE OF MATERNITY AND INFANCY, AND FOR OTHER PURPOSES," APPROVED NOVEMBER 23, 1921.

SECTION 2 OF THE ACT OF NOVEMBER 23, 1921, 42 STAT. 224, AUTHORIZES ANNUAL ALLOTMENTS UNDER CERTAIN CONDITIONS TO THE SEVERAL STATES FOR THE PROMOTION OF THE WELFARE AND HYGIENE OF MATERNITY AND INFANCY OF AMOUNTS EQUAL TO THAT APPROPRIATED BY THE STATES FOR THE SAME PURPOSE. SECTION 3 CHARGES THE CHILDREN'S BUREAU WITH THE ADMINISTRATION OF THE ACT. SECTIONS 5 AND 6 PROVIDE AS FOLLOWS:

SEC. 5. SO MUCH, NOT TO EXCEED 5 PERCENTUM, OF THE ADDITIONAL APPROPRIATIONS AUTHORIZED FOR ANY FISCAL YEAR UNDER SECTION 2 OF THIS ACT, AS THE CHILDREN'S BUREAU MAY ESTIMATE TO BE NECESSARY FOR ADMINISTERING THE PROVISIONS OF THIS ACT, AS HEREIN PROVIDED, SHALL BE DEDUCTED FOR THAT PURPOSE, TO BE AVAILABLE UNTIL EXPENDED.

SEC. 6. OUT OF THE AMOUNTS AUTHORIZED UNDER SECTION 5 OF THIS ACT THE CHILDREN'S BUREAU IS AUTHORIZED TO EMPLOY SUCH ASSISTANTS, CLERKS, AND OTHER PERSONS IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, TO BE TAKEN FROM THE ELIGIBLE LISTS OF THE CIVIL SERVICE COMMISSION, AND TO PURCHASE SUCH SUPPLIES, MATERIAL, EQUIPMENT, OFFICE FIXTURES, AND APPARATUS, AND TO INCUR SUCH TRAVEL AND OTHER EXPENSE AS IT MAY DEEM NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS ACT.

THE TRAVELING EXPENSE AUTHORIZED UNDER THIS ACT IS PRIMARILY THAT OF THE PERSONNEL OF THE CHILDREN'S BUREAU IN CONNECTION WITH THE ADMINISTRATION OF THE ACT. IT HAS, HOWEVER, BEEN HERETOFORE RECOGNIZED THAT GOVERNMENT FUNDS APPROPRIATED FOR TRAVELING EXPENSES ARE AVAILABLE FOR THE TRAVELING EXPENSES OF OTHER THAN GOVERNMENT OFFICERS AND EMPLOYEES, UPON SUBMISSION OF SATISFACTORY EVIDENCE WITH THE ACCOUNTS OF THE DISBURSING OFFICER SHOWING THAT SUCH USE OF THE FUNDS IS ABSOLUTELY NECESSARY TO ACCOMPLISH THE PURPOSES FOR WHICH THE APPROPRIATION IS MADE. DECISION OF AUGUST 26, 1924, 4 COMP. GEN. 210, AND MS. DECISION OF JULY 14, 1924.

IN THE PRESENT CASE THE STATUTE CHARGES THE CHILDREN'S BUREAU WITH THE ADMINISTRATION OF THE ACT AND AUTHORIZES DEDUCTION FROM THE TOTAL APPROPRIATED OF AN AMOUNT NECESSARY FOR EXPENSES OF ADMINISTRATION WITHIN A LIMIT THEREIN FIXED. A CONFERENCE OF STATE DIRECTORS CALLED BY THE CHILDREN'S BUREAU WOULD BE A COST OF ADMINISTRATION, THE NECESSARY EXPENSES OF WHICH, INCLUDING ACTUAL AND NECESSARY TRANSPORTATION AND TRAVELING EXPENSES OF THE DIRECTORS INCIDENT THERETO, CONSTITUTE A PROPER CHARGE AGAINST THE AMOUNT SET ASIDE FOR ADMINISTERING THE ACT, AND NO PART OF SUCH EXPENSE WOULD BE A PROPER CHARGE AGAINST THE ALLOTMENTS MADE TO THE STATES.

ACCORDINGLY YOU ARE ADVISED THAT IF IT IS ADMINISTRATIVELY DETERMINED AND CERTIFIED IN THE ACCOUNTS THAT THE ATTENDANCE OF THE STATE DIRECTORS UPON THE CONFERENCE IS NECESSARY TO THE ACCOMPLISHMENT OF THE PURPOSES FOR WHICH THE APPROPRIATION IS MADE, THE REIMBURSEMENT OF THE NECESSARY EXPENSES ACTUALLY INCURRED BY THEM FOR TRANSPORTATION AND SUBSISTENCE INCIDENT TO SUCH ATTENDANCE IS AUTHORIZED WITHIN THE STATUTORY LIMITATIONS AS AN ADMINISTRATIVE EXPENSE.