B-117003, SEPTEMBER 28, 1953, 33 COMP. GEN. 126

B-117003, SEPTEMBER 28, 1953, 33 COMP. GEN. 126

FEES - USE OF APPROPRIATED FUNDS TO PURCHASE MEMBERSHIP IN PRIVATE ASSOCIATIONS - TECHNICAL ASSISTANCE PROGRAM THE ASSOCIATION MEMBERSHIP FEE PAYMENT PROHIBITION IN SECTION 8 OF THE ACT OF JUNE 26, 1912, DOES NOT PRECLUDE PROCUREMENT OF MEMBERSHIP FOR THE BENEFIT OF THE GOVERNMENT, AND THEREFORE FUNDS AVAILABLE TO THE OFFICE OF TECHNICAL SERVICES, DEPARTMENT OF COMMERCE, MAY BE EXPENDED TO PROCURE MEMBERSHIP IN THE AMERICAN MANAGEMENT ASSOCIATION FOR THE BENEFIT OF FOREIGN TRAINEES AND FOREIGN PRODUCTIVITY CENTERS IF IN THE INTEREST OF THE GOVERNMENT AND IF MEMBERSHIPS ARE ACQUIRED IN THE NAME OF THE GOVERNMENT AND NOT IN THE NAME OF OR FOR THE INDIVIDUAL BENEFIT OF OFFICERS OR EMPLOYEES OF THE UNITED STATES.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, SEPTEMBER 28, 1953:

REFERENCE IS MADE TO LETTER DATED SEPTEMBER 10, 1953, FROM THE ACTING SECRETARY OF COMMERCE, REQUESTING A DECISION AS TO WHETHER FUNDS TRANSFERRED TO THE DEPARTMENT OF COMMERCE, OFFICE OF TECHNICAL SERVICES, BY THE FOREIGN OPERATIONS ADMINISTRATION UNDER AUTHORITY OF THE MUTUAL SECURITY ACT OF 1951, APPROVED OCTOBER 10, 1951, 65 STAT. 373, AS AMENDED, AND THE SUPPLEMENTAL APPROPRIATION ACT, 1953, APPROVED JULY 15, 1952, 66 STAT. 637, 652, AS WELL AS EXECUTIVE ORDER NO. 10368, DATED JUNE 30, 1952, ARE AVAILABLE FOR THE PURCHASE OF MEMBERSHIPS IN THE AMERICAN MANAGEMENT ASSOCIATION IN ORDER TO SECURE PERIODICALS OF THE ASSOCIATION FOR FOREIGN PRODUCTIVITY CENTERS AND PARTICIPANTS OF TEAMS FROM FOREIGN COUNTRIES BROUGHT TO THE UNITED STATES FOR INFORMATION AND TRAINING UNDER THE TECHNICAL ASSISTANCE PROGRAM OF THE FOREIGN OPERATIONS ADMINISTRATION.

THE LETTER OF SEPTEMBER 10 STATES THAT, AMONG OTHERS, PERIODICALS OF THE AMERICAN MANAGEMENT ASSOCIATION HAVE BEEN RECOMMENDED BY QUALIFIED LIBRARIES TO SUCH PARTICIPANTS AS BEING PARTICULARLY APPLICABLE IN THEIR FOLLOW-UP WORK IN EUROPE BUT THAT MEMBERSHIP IN THE ASSOCIATION IS REQUIRED IN ORDER TO SUBSCRIBE TO AND RECEIVE ITS PERIODICALS.

SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, AS AMENDED, 5 U.S.C. 83, PROVIDES:

NO MONEY APPROPRIATED BY ANY ACT SHALL BE EXPENDED FOR MEMBERSHIP FEES OR DUES OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA IN ANY SOCIETY OR ASSOCIATION OR FOR EXPENSES OF ATTENDANCE OF ANY PERSON AT ANY MEETING OR CONVENTION OF MEMBERS OF ANY SOCIETY OR ASSOCIATION, UNLESS SUCH FEES, DUES, OR EXPENSES ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION. THIS SECTION SHALL NOT BE SO CONSTRUED AS TO PROHIBIT THE PAYMENT FROM THE APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE OF EXPENSES INCIDENTAL TO THE DELIVERY OF LECTURES, THE GIVING OF INSTRUCTION, OR THE ACQUIRING OF INFORMATION AT MEETINGS BY ITS EMPLOYEES ON SUBJECTS RELATING TO THE WORK OF THE DEPARTMENT AUTHORIZED BY LAW.

IT IS WELL SETTLED GENERALLY THAT THE PROHIBITION CONTAINED IN THE ABOVE- QUOTED PROVISION IS AGAINST THE PAYMENT OF MEMBERSHIP FEES OR DUES OF OFFICERS OR EMPLOYEES OF THE GOVERNMENT AS INDIVIDUALS AND DOES NOT PREVENT PURCHASES OF MEMBERSHIPS IN THE NAME AND FOR THE DIRECT BENEFIT OF FEDERAL AGENCIES IN CARRYING OUT THEIR AUTHORIZED ACTIVITIES, 31 COMP. GEN. 398, AND CASES CITED THEREIN, AS DISTINGUISHED FROM MEMBERSHIPS PROCURED FOR THE PRIMARY BENEFIT OF OFFICERS OR EMPLOYEES OF THE AGENCIES, SUCH AS WERE CONSIDERED IN THE DECISION IN 32 COMP. GEN. 15, CITED IN THE LETTER OF SEPTEMBER 10.

THE APPROPRIATIONS TO THE PRESIDENT FOR CARRYING OUT THE MUTUAL SECURITY ACT OF 1951, AS AMENDED, CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1953, MENTIONED BEFORE, AS WELL AS THOSE IN THE MUTUAL SECURITY APPROPRIATION ACT, 1954, APPROVED AUGUST 7, 1953, 67 STAT. 478, PROVIDE " FOR EXPENSES NECESSARY" IN CONDUCTING THE SEVERAL MUTUAL SECURITY PROGRAMS, INCLUDING TECHNICAL ASSISTANCE IN EUROPE. ACCORDINGLY, WHERE IT IS ADMINISTRATIVELY DETERMINED TO BE NECESSARY IN CARRYING OUT THE TECHNICAL ASSISTANCE PROGRAM TO PROCURE MEMBERSHIPS IN THE AMERICAN MANAGEMENT ASSOCIATION FOR THE BENEFIT OF FOREIGN TRAINEES AND FOREIGN PRODUCTIVITY CENTERS, SUCH APPROPRIATIONS MAY BE USED FOR THAT PURPOSE, PROVIDED, OF COURSE, THAT THE MEMBERSHIPS ARE NOT ACQUIRED IN THE NAME OR FOR THE INDIVIDUAL BENEFIT OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.