B-128527, SEP. 13, 1957
Highlights
REQUESTS AN ANSWER WITHIN THE NEXT FEW DAYS TO THE QUESTION WHETHER GEOLOGISTS EMPLOYED BY THE UNITED STATES GEOLOGICAL SURVEY WHO ARE SELECTED TO PARTICIPATE IN THE DISTINGUISHED LECTURE PROGRAM OF THE AMERICAN ASSOCIATION OF PETROLEUM GEOLOGISTS MAY ACCEPT REIMBURSEMENT FOR THEIR TRAVEL EXPENSES FROM THE VARIOUS LOCAL GEOLOGICAL SOCIETIES BENEFITING FROM THE DISTINGUISHED LECTURE PROGRAM. OUR DECISIONS GENERALLY HAVE HELD THAT. THERE IS NO AUTHORITY FOR AN OFFICIAL OF THE GOVERNMENT TO ACCEPT ON BEHALF OF THE UNITED STATES VOLUNTARY DONATIONS OR CASH CONTRIBUTIONS THE EFFECT OF WHICH IS TO AUGMENT APPROPRIATIONS MADE BY THE CONGRESS. IS DATED OCTOBER 2. THEY WERE. THIS WAS PERMITTED UPON THE THEORY THAT ACCEPTANCE OF SUCH DONATIONS WAS FOR AND IN BEHALF OF THE SECRETARY OF COMMERCE WHO IS SPECIFICALLY AUTHORIZED BY LAW TO ACCEPT GIFTS IN CONNECTION WITH THE OPERATIONS OF THE BUREAU OF STANDARDS (SEE 15 U.S.C. 278C).
B-128527, SEP. 13, 1957
TO MR. ROBERT C. STEPHENSON:
YOUR LETTER OF SEPTEMBER 6, 1957, REQUESTS AN ANSWER WITHIN THE NEXT FEW DAYS TO THE QUESTION WHETHER GEOLOGISTS EMPLOYED BY THE UNITED STATES GEOLOGICAL SURVEY WHO ARE SELECTED TO PARTICIPATE IN THE DISTINGUISHED LECTURE PROGRAM OF THE AMERICAN ASSOCIATION OF PETROLEUM GEOLOGISTS MAY ACCEPT REIMBURSEMENT FOR THEIR TRAVEL EXPENSES FROM THE VARIOUS LOCAL GEOLOGICAL SOCIETIES BENEFITING FROM THE DISTINGUISHED LECTURE PROGRAM.
OUR DECISIONS GENERALLY HAVE HELD THAT, UNLESS SPECIFICALLY AUTHORIZED BY STATUTE, THERE IS NO AUTHORITY FOR AN OFFICIAL OF THE GOVERNMENT TO ACCEPT ON BEHALF OF THE UNITED STATES VOLUNTARY DONATIONS OR CASH CONTRIBUTIONS THE EFFECT OF WHICH IS TO AUGMENT APPROPRIATIONS MADE BY THE CONGRESS. MOREOVER, SECTION 1 OF THE ACT OF JUNE 25, 1948, 62 STAT. 793, 18 U.S.C. 1914, IMPOSES A CRIMINAL PENALTY UPON ANY "PERSON, ASSOCIATION OR CORPORATION" THAT "MAKES A CONTRIBUTION TO, OR IN ANY WAY SUPPLEMENTS THE SALARY OF, ANY GOVERNMENT OFFICIAL OR EMPLOYEE FOR SERVICES PERFORMED BY HIM FOR THE GOVERNMENT OF THE UNITED STATES.'
OUR MOST RECENT DECISION, INVOLVING A MATTER SIMILAR TO THE ONE YOU NOW PRESENT, IS DATED OCTOBER 2, 1956, B-128527, 36 COMP. GEN. 268. IN THAT DECISION WE HELD THAT EMPLOYEES OF THE BUREAU OF STANDARDS WHO PERFORM OFFICIAL TRAVEL UNDER THE VARIOUS CIRCUMSTANCES OUTLINED THEREIN MAY NOT ACCEPT PAYMENTS IN CASH FROM PRIVATE ORGANIZATIONS TO DEFRAY THEIR TRAVEL AND SUBSISTENCE EXPENSES. THEY WERE, HOWEVER, PERMITTED TO ACCEPT DONATIONS IN KIND OF LODGING, SUBSISTENCE, AND TRAVEL. THIS WAS PERMITTED UPON THE THEORY THAT ACCEPTANCE OF SUCH DONATIONS WAS FOR AND IN BEHALF OF THE SECRETARY OF COMMERCE WHO IS SPECIFICALLY AUTHORIZED BY LAW TO ACCEPT GIFTS IN CONNECTION WITH THE OPERATIONS OF THE BUREAU OF STANDARDS (SEE 15 U.S.C. 278C). WE ARE AWARE OF NO SIMILAR AUTHORITY WHICH WOULD PERMIT ACCEPTANCE OF DONATIONS BY OR ON BEHALF OF THE SECRETARY OF THE INTERIOR IN CONNECTION WITH THE OPERATIONS OF THE GEOLOGICAL SURVEY. IN THE ABSENCE THEREOF, OUR DECISIONS WOULD SEEM TO PRECLUDE ACCEPTANCE OF DONATIONS, EVEN IN KIND, BY EMPLOYEES OF THE GEOLOGICAL SURVEY. A COPY OF OUR DECISION OF OCTOBER 2, 1956, IS ENCLOSED.
WHILE WE HAVE RE-EXAMINED OUR DECISIONS IN THIS FIELD, WE KNOW OF NO PROPER BASIS FOR MODIFYING THE CONCLUSIONS SET FORTH THEREIN. IT APPEARS THAT LEGISLATION IS NECESSARY TO ENABLE PRIVATE PARTIES OR ORGANIZATIONS TO CONTRIBUTE, AND GOVERNMENT EMPLOYEES TO ACCEPT, COSTS OF TRAVEL AND RELATED EXPENSES SUCH AS IS PROPOSED TO BE PAID IN CONNECTION WITH YOUR DISTINGUISHED LECTURE PROGRAM.