A-88107, AUGUST 18, 1937, 17 COMP. GEN. 145

A-88107: Aug 18, 1937

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" IS NOT AVAILABLE FOR PAYMENT OF EXPENSES OF GOVERNMENT DELEGATES AND ADVISERS TO THE TECHNICAL TRIPARTITE TEXTILE CONFERENCE. WHICH WAS CALLED BY THE GOVERNING BODY OF THE INTERNATIONAL LABOR ORGANIZATION. IS AS FOLLOWS: THERE ARE ATTACHED FOR YOUR INFORMATION A COPY OF A LETTER. YOU WILL NOTE THAT WHEN THE LIST OF PERSONS TO BE DESIGNATED AS DELEGATES AND ADVISERS TO THE TECHNICAL TRIPARTITE TEXTILE CONFERENCE WAS SUBMITTED BY THE SECRETARY OF LABOR UNDER DATE OF MARCH 27. NO REQUEST WAS MADE FOR THE PAYMENT OF THE EXPENSE OF THE MEMBERS OF THE DELEGATION. THE CONFERENCE WAS HELD IN WASHINGTON. WAS THE FIRST INFORMATION THIS DEPARTMENT RECEIVED THAT IT WAS EXPECTED THAT ANY EXPENSES BE PAID FROM THE APPROPRIATION MADE IN THE DEPARTMENT OF STATE APPROPRIATION "1971005.

A-88107, AUGUST 18, 1937, 17 COMP. GEN. 145

APPROPRIATION AVAILABILITY - EXPENSES OF DELEGATES TO INTERNATIONAL TEXTILE CONFERENCE THE APPROPRIATION MADE TO THE STATE DEPARTMENT BY THE ACT OF MAY 15, 1936, FOR "EXPENSES OF PARTICIPATION BY THE UNITED STATES IN THE MEETINGS OF THE GENERAL CONFERENCE AND OF THE GOVERNING BODY OF THE INTERNATIONAL LABOR OFFICE AND IN SUCH REGIONAL, INDUSTRIAL, OR OTHER SPECIAL MEETINGS AS MAY BE DULY CALLED BY SUCH GOVERNING BODY," IS NOT AVAILABLE FOR PAYMENT OF EXPENSES OF GOVERNMENT DELEGATES AND ADVISERS TO THE TECHNICAL TRIPARTITE TEXTILE CONFERENCE, WHICH WAS CALLED BY THE GOVERNING BODY OF THE INTERNATIONAL LABOR ORGANIZATION, IN VIEW OF THE SPECIFIC PROVISIONS OF PUBLIC RESOLUTION NO. 13, APPROVED MARCH 15, 1937, MAKING APPROPRIATION FOR EXPENDITURE BY THE SECRETARY OF LABOR IN CONNECTION WITH THE PARTICULAR CONFERENCE, AND IN VIEW THAT THE NOTICE OF APPOINTMENT OF EACH DELEGATE PROVIDED THAT THE APPOINTMENT WOULD ENTAIL NO EXPENSE TO THE STATE DEPARTMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, AUGUST 18, 1937:

YOUR LETTER OF AUGUST 3, 1937, IS AS FOLLOWS:

THERE ARE ATTACHED FOR YOUR INFORMATION A COPY OF A LETTER, DATED APRIL 28, 1937, ADDRESSED BY ME TO THE SECRETARY OF LABOR AND COPIES OF LETTERS FROM THE SECRETARY OF LABOR, DATED MARCH 27, 1937, APRIL 5, 1937, MAY 10, 1937, MAY 14, 1937, AND MAY 26, 1937.

YOU WILL NOTE THAT WHEN THE LIST OF PERSONS TO BE DESIGNATED AS DELEGATES AND ADVISERS TO THE TECHNICAL TRIPARTITE TEXTILE CONFERENCE WAS SUBMITTED BY THE SECRETARY OF LABOR UNDER DATE OF MARCH 27, 1937, NO REQUEST WAS MADE FOR THE PAYMENT OF THE EXPENSE OF THE MEMBERS OF THE DELEGATION. ENCLOSE FOR YOUR INFORMATION A COPY OF A LETTER TO THE PRESIDENT SUBMITTING THE LIST FOR HIS APPROVAL PRIOR TO THEIR DESIGNATION.

THE CONFERENCE WAS HELD IN WASHINGTON, APRIL 2 TO APRIL 17, 1937, INCLUSIVE.

THE LETTER OF THE SECRETARY OF LABOR, DATED APRIL 5, 1937, WAS THE FIRST INFORMATION THIS DEPARTMENT RECEIVED THAT IT WAS EXPECTED THAT ANY EXPENSES BE PAID FROM THE APPROPRIATION MADE IN THE DEPARTMENT OF STATE APPROPRIATION "1971005, UNITED STATES CONTRIBUTIONS TO INTERNATIONAL COMMISSIONS, CONGRESSES, AND QUOTAS, 1937.'

IN RESPONSE TO THE DEPARTMENT'S LETTER DATED APRIL 28, 1937, THE SECRETARY OF LABOR SENT IN ACCOUNTS FROM EIGHT MEMBERS OF THE DELEGATION. ON MAY 14, 1937, SHE SENT ONE, AND ON MAY 26, 1937,FORWARDED ONE. NO MORE ACCOUNTS HAVE THUS FAR BEEN RECEIVED.

I ATTACH FOR YOUR INFORMATION A LIST OF THE PERSONS DESIGNATED AT THE SUGGESTION OF THE SECRETARY OF LABOR AND A COPY OF THE LETTER ADDRESSED TO A GOVERNMENT DELEGATE. A SIMILAR LETTER WAS ADDRESSED TO EACH ONE.

THE TRIPARTITE TECHNICAL CONFERENCE WAS CALLED BY THE GOVERNING BODY OF THE INTERNATIONAL LABOR ORGANIZATION AND, IN MY OPINION, COMES WITHIN THE PURVIEW OF THE AUTHORITY GRANTED BY THE CONGRESS IN MAKING THE APPROPRIATION OF THE SUM OF $27,300 IN PUBLIC ACT NO. 599, APPROVED MAY 15, 1936, FOR THE "EXPENSES OF PARTICIPATION BY THE UNITED STATES IN THE MEETINGS OF THE GENERAL CONFERENCE AND OF THE GOVERNING BODY OF THE INTERNATIONAL LABOR OFFICE, AND IN SUCH REGIONAL, INDUSTRIAL, OR OTHER SPECIAL MEETINGS AS MAY BE DULY CALLED BY SUCH GOVERNING BODY.'

UNDER THE LETTERS ADDRESSED TO THE MEMBERS OF THE DELEGATION THERE WAS NO AUTHORITY TO CHARGE ANY EXPENSES OF PARTICIPATION TO THIS DEPARTMENT. THERE WAS NO OBJECTION TO GRANTING SUCH AUTHORITY ON THE PART OF THIS DEPARTMENT, BUT NO REQUEST WAS MADE FOR EXPENSES AT THE TIME THAT THE LIST OF PEOPLE TOTALING FIFTY WAS SENT TO THIS DEPARTMENT FOR CONSIDERATION.

AT THE WISH OF THE SECRETARY OF LABOR, I AM THEREFORE SENDING THE ACCOUNTS OF THE FOLLOWING MEMBERS OF THE DELEGATION FOR YOUR CONSIDERATION AND WOULD APPRECIATE BEING INFORMED IF IT WILL BE POSSIBLE TO PAY THESE ACCOUNTS FROM THE APPROPRIATION MADE TO COVER THE EXPENSES OF "REGIONAL, INDUSTRIAL, AND OTHER SPECIAL MEETINGS: "

CHART

HYMAN L. BATTLE ---------------------- $ 79.50

ELIZABETH NORD ----------------------- 101.05

FRED W. STEELE ----------------------- 67.00

ROBERT R. WEST ----------------------- 57.00

R. D. HALL --------------------------- 35.55

WILLIAM E. G. BATTY ------------------ 106.30

ABRAHAM BINNS ------------------------ 106.30

DON P. JOHNSTON ---------------------- 92.80

WILLIAM G. RICE, JR ------------------ 78.80

FRANK H. HILLERY --------------------- 42.20

THERE IS AN AMPLE BALANCE IN THE APPROPRIATION FROM WHICH TO PAY THESE ACCOUNTS, ASSUMING, OF COURSE, THAT THERE WILL BE NO ADDITIONAL ONES SUBMITTED BY THE SECRETARY OF LABOR.

IN YOUR LETTER OF MARCH 29, 1937, SUBMITTING THE LIST OF AMERICAN DELEGATES TO THE PRESIDENT BEFORE MAKING THE APPOINTMENTS, IT WAS STATED:

WITH REGARD TO THE EXPENSE OF PARTICIPATING IN THIS CONFERENCE, PUBLIC RESOLUTION NO. 13, APPROVED MARCH 15, 1937, APPROPRIATED "THE SUM OF $15,000 TO AID IN DEFRAYING THE EXTRAORDINARY EXPENSES OF THE INTERNATIONAL LABOR OFFICE INCIDENT TO HOLDING ITS TECHNICAL TRIPARTITE TEXTILE CONFERENCE IN WASHINGTON.' OF THIS AMOUNT, $5,000 WAS MADE AVAILABLE FOR EXPENDITURE BY THE SECRETARY OF LABOR.

IT IS UNDERSTOOD FROM YOUR SUBMISSION THAT THE NOTICE OF APPOINTMENT GIVEN TO EACH PERSON DESIGNATED TO ATTEND THIS CONFERENCE CONTAINED A STATEMENT AS FOLLOWS: "YOUR CERTIFICATE OF DESIGNATION IS TRANSMITTED HEREWITH ON THE UNDERSTANDING THAT THIS APPOINTMENT WILL ENTAIL NO EXPENSE TO THE DEPARTMENT OF STATE.' ALSO, IN YOUR LETTER OF APRIL 28, 1937, TO THE HONORABLE, THE SECRETARY OF LABOR, IT IS STATED THAT IT IS NOT USUAL TO PAY TRAVEL EXPENSES OR PER DIEM TO MEMBERS OF AN AMERICAN DELEGATION TO AN INTERNATIONAL CONFERENCE HELD IN WASHINGTON, D.C.

IN VIEW OF THE ABOVE FACTS AND THE TERMS OF THE APPROPRIATION MADE IN PUBLIC RESOLUTION NO. 13, APPROVED MARCH 15, 1937, I AM CONSTRAINED TO HOLD THAT THE APPROPRIATION MADE IN THE ACT OF MAY 15, 1936, 49 STAT. 1316, IS NOT AVAILABLE FOR THE PAYMENT OF THE 10 CLAIMS HERETOFORE SUBMITTED OR ANY SIMILAR CLAIMS WHICH MAY BE SUBMITTED BY THE REMAINING 40 MEMBERS OF THE DELEGATION.