B-134318, NOVEMBER 15, 1957, 37 COMP. GEN. 335

B-134318, NOVEMBER 15, 1957, 37 COMP. GEN. 335

MEETINGS - MANAGEMENT AND EXECUTIVE DEVELOPMENT - TRAVEL EXPENSES - ACTIVITIES OF DEPARTMENTS MEETINGS OF A PRIVATE ORGANIZATION ( BROOKINGS EXECUTIVE CONFERENCE PROGRAM) ATTENDED BY SELECT DEPARTMENT OF COMMERCE PERSONNEL FOR PURPOSES OF EXECUTIVE DEVELOPMENT AND IMPROVEMENT ARE NOT SO PARTICULARLY ASSOCIATED WITH THE WORK OF THE DEPARTMENT IN THE PERFORMANCE OF ITS STATUTORY FUNCTIONS TO BE REGARDED AS MEETINGS "CONCERNED WITH THE ACTIVITIES FOR WHICH APPROPRIATIONS ARE MADE" WITHIN THE MEANING OF SECTION 103 OF THE DEPARTMENT OF COMMERCE AND RELATED AGENCIES APPROPRIATION ACT, 1958, FOR PAYMENT BY THE GOVERNMENT OF THE TRAVEL AND PER DIEM OF THE PERSONNEL SELECTED TO ATTEND. THAT PART OF 36 COMP. GEN. 474, OR ANY OTHER DECISIONS INDICATING CONTRARY CONCLUSION, OVERRULED.

TO THE SECRETARY OF COMMERCE, NOVEMBER 15, 1957:

ON NOVEMBER 5, 1957, YOUR ASSISTANT SECRETARY FOR ADMINISTRATION REQUESTED OUR DECISION ON THE QUESTION OF WHETHER APPROPRIATIONS OF THE DEPARTMENT OF COMMERCE ARE AVAILABLE TO PAY THE SALARY AND EXPENSES OF AN OFFICIAL OF YOUR DEPARTMENT, INCLUDING TRAVEL AND PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, INCIDENT TO ATTENDANCE AT A CONFERENCE IN WILLIAMSBURG, VIRGINIA, UNDER THE BROOKINGS EXECUTIVE CONFERENCE PROGRAM.

THE SPECIFIC QUESTIONS PRESENTED ARE AS FOLLOWS

1. MAY WE CONSIDER THE BROOKINGS EXECUTIVE CONFERENCE TO BE A "MEETING" WITHIN THE MEANING OF 36 COMP. GEN. 474 AND THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, RATHER THAN A "COURSE OF INSTRUCTION OR TRAINING," AS DEFINED IN VARIOUS DECISIONS OF YOUR OFFICE?

2. IF THE ANSWER TO THE FOREGOING QUESTION IS " YES," MAY WE CONSIDER THAT APPROPRIATIONS IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1958, ARE AVAILABLE TO PAY THE SALARY AND EXPENSES, INCLUDING TRAVEL AND A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, OF A KEY OFFICIAL OF THE DEPARTMENT IN ORDER THAT HE MAY PARTICIPATE IN THE CONFERENCE?

CONCERNING YOUR FIRST QUESTION WE NOTE THAT THE CONFERENCE PROGRAM HAS CERTAIN ELEMENTS WHICH NORMALLY WOULD BE PRESENT IN A COURSE OF TRAINING AND INSTRUCTION (LECTURES, DISCUSSION, COMMENT, ETC.). ON THE OTHER HAND, CERTAIN OTHER SIGNIFICANT ELEMENTS ARE ABSENT. THERE WOULD APPEAR TO BE NO TEACHER-PUPIL RELATIONSHIP. WE ALSO UNDERSTAND THAT, FOR THE MOST PART, THERE WILL BE NO FORMALLY ORGANIZED, GENERALLY AGREED UPON, BODY OF FACTUAL DATA OR PRINCIPLES WHICH WILL BE TAUGHT" OR CONCERNING WHICH THE PARTICIPANTS WILL BE "INSTRUCTED.' IT APPEARS TOO THAT THE PARTICIPANTS WILL BE SELECTED NOT MERELY ON THE BASIS OF THE EXPECTED BENEFIT THEY AND THEIR EMPLOYING AGENCIES MIGHT OBTAIN FROM THE PROGRAM BUT ALSO ON THE BASIS OF THEIR ABILITY TO MAKE SUBSTANTIAL CONTRIBUTIONS TO THE PROGRAM, SO THAT THE BENEFITS TO BE DERIVED FROM THE PROGRAM WILL DEPEND LARGELY UPON THE VALUE OF THE CONTRIBUTIONS MADE BY THE INDIVIDUAL PARTICIPANTS. BUT BY WHATEVER NAME THE PROGRAM MAY BE CALLED WE DO NOT BELIEVE THAT IT MAY BE CONSIDERED A "MEETING OF ORGANIZATIONS CONCERNED WITH THE ACTIVITIES FOR WHICH THE APPROPRIATIONS ARE MADE" TO THE DEPARTMENT OF COMMERCE.

SECTION 103 OF THE DEPARTMENT OF COMMERCE AND RELATED AGENCIES APPROPRIATION ACT FOR 1958, 71 STAT. 77, QUOTED, IN PART, IN THE ASSISTANT SECRETARY'S LETTER IS AS FOLLOWS:

APPROPRIATIONS IN THIS TITLE AVAILABLE FOR SALARIES AND EXPENSES SHALL BE AVAILABLE FOR EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE ACTIVITIES FOR WHICH THE APPROPRIATIONS ARE MADE; * *

THE EXPRESS WORDING OF THE ABOVE SECTION PROVIDES AUTHORITY FOR PAYMENT OF EXPENSES INCIDENT TO ATTENDANCE AT SPECIFIED MEETINGS ONLY, THAT IS,"MEETINGS OF ORGANIZATIONS CONCERNED WITH THE ACTIVITIES FOR WHICH THE APPROPRIATIONS ARE MADE.'

WE NOTE THAT AUTHORITY FOR THE EXPENSES OF ATTENDANCE AT MEETINGS FIRST APPEARED IN ITS PRESENT FORM IN THE DEPARTMENT OF COMMERCE APPROPRIATIONS ACT FOR 1948, 61 STAT. 294. AN EXAMINATION OF THE DEPARTMENT OF COMMERCE APPROPRIATION ACT FOR THE PRIOR FISCAL YEAR (1947), 60 STAT. 465, DISCLOSES THAT THE APPROPRIATIONS FOR THE VARIOUS OFFICES, BUREAUS, AND OTHER ACTIVITIES UNDER THE DEPARTMENT OF COMMERCE CONTAINED SPECIFIC AUTHORIZATIONS FOR ATTENDANCE AT MEETINGS. IN THE 1947 APPROPRIATION, FUNDS WERE MADE AVAILABLE, WITHIN THE LIMITS SPECIFIED, TO THE OFFICE OF THE SECRETARY FOR EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE WORK OF THE OFFICE OF THE SECRETARY. FUNDS ALSO WERE MADE AVAILABLE WITHIN THE LIMITS SPECIFIED TO THE CIVIL AERONAUTICS BOARD FOR "EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH AERONAUTICS.' SIMILAR AUTHORITY WAS PROVIDED THE OFFICE OF THE ADMINISTRATOR OF CIVIL AERONAUTICS. THE TRAVEL EXPENSE APPROPRIATION OF THE BUREAU OF CENSUS WAS AVAILABLE--- WITHIN LIMITS SPECIFIED--- "FOR ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE COLLECTION OF STATISTICS," AND THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE WAS AUTHORIZED TO INCUR "EXPENSES OF ATTENDANCE AT MEETINGS CONCERNED WITH THE PROMOTION OF FOREIGN AND DOMESTIC COMMERCE, OR EITHER.' SIMILAR AUTHORITY WAS GRANTED THE BUREAU OF STANDARDS FOR "ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH STANDARDIZATION OR RESEARCH IN SCIENCE.' THE COAST AND GEODETIC SURVEY, THE PATENT OFFICE, AND THE WEATHER BUREAU, HAD FUNDS MADE AVAILABLE FOR ATTENDANCE AT MEETINGS CONCERNED WITH THEIR PARTICULAR KIND OF WORK.

ON PAGE 961 OF THE HEARINGS BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, ON THE DEPARTMENT OF COMMERCE APPROPRIATION BILL FOR 1948 ( H.R. 3311), THE FOLLOWING APPEARS:

MR. STEFAN. WHY DO YOU NEED THE LANGUAGE-1APPROPRIATIONS FOR THE DEPARTMENT OF COMMERCE AVAILABLE FOR SALARIES--- AND SO FORTH? THAT IS COVERED BY EXISTING LAW.

MR. STRIPLING. YES.

MR. STEFAN. SUPPLY THE ANSWER FOR THE RECORD.

MR. STRIPLING. YES.

( THE INFORMATION FOLLOWS:)

THE LAST PARAGRAPH ON PAGE 154 STATING THAT "APPROPRIATIONS OF THE DEPARTMENT OF COMMERCE AVAILABLE FOR SALARIES AND EXPENSES SHALL BE AVAILABLE FOR ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE ACTIVITIES FOR WHICH THE APPROPRIATIONS ARE MADE" IS SHOWN HERE IN GENERAL TERMS TO AVOID THE NECESSITY FOR INCLUDING SUCH AUTHORIZATION UNDER EACH OF THE SEVERAL APPROPRIATIONS FOR THE DEPARTMENT.

IT THUS APPEARS THAT THE GENERAL PROVISION IN THE 1948 APPROPRIATION ACT FOR THE DEPARTMENT OF COMMERCE WAS NOT INTENDED TO CONFER ANY ADDITIONAL AUTHORITY TO THAT PREVIOUSLY CONFERRED BUT RATHER WAS USED FOR THE SOLE PURPOSE OF DISPENSING WITH THE NECESSITY FOR THE VARIOUS SPECIFIC PROVISIONS IN THE APPROPRIATIONS FOR EACH OF THE VARIOUS OFFICES, BUREAUS, BOARDS, ETC., UNDER THE DEPARTMENT OF COMMERCE. THE CONCLUSION REASONABLY FOLLOWS THAT THE GENERAL PROVISION WAS NOT INTENDED TO AUTHORIZE EXPENDITURES FOR ATTENDANCE AT MEETINGS OF ORGANIZATIONS OTHER THAN THOSE CONCERNED WITH THE WORK OR OPERATING ACTIVITIES OF THE VARIOUS BUREAUS, OFFICES, AND AGENCIES INVOLVED.

THIS VIEW WOULD SEEM TO BE FURTHER SUPPORTED BY AN EXAMINATION OF THE HISTORY OF A SIMILAR PROVISION CONTAINED IN THE ANNUAL APPROPRIATION FOR THE INDEPENDENT OFFICES. THAT PROVISION FIRST APPEARS IN SECTION 201 (C) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, 59 STAT. 131, AND READS, IN PART, AS FOLLOWS:

APPROPRIATIONS CONTAINED IN THIS ACT, AVAILABLE FOR EXPENSES OF TRAVEL SHALL BE AVAILABLE, WHEN SPECIFICALLY AUTHORIZED BY THE HEAD OF THE ACTIVITY OR ESTABLISHMENT CONCERNED, FOR EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE FUNCTION OR ACTIVITY FOR WHICH THE APPROPRIATION CONCERNED IS MADE: * * *

IN A REPORT DATED FEBRUARY 5, 1945, MADE BY THE HOUSE COMMITTEE ON APPROPRIATIONS ON H.R. 1984 WHICH WAS ENACTED AS THE INDEPENDENT OFFICES APPROPRIATION ACT OF 1946, THE EFFECT OF THE QUOTED LANGUAGE WAS EXPLAINED AS FOLLOWS: "MAKES THE APPROPRIATIONS OF ALL DEPARTMENTS AND AGENCIES AVAILABLE FOR THE PAYMENT OF EXPENSES OF ATTENDANCE AT MEETINGS CONCERNED WITH THE WORK OF THE AGENCIES.' ( ITALICS SUPPLIED.)

VIEWED IN THE LIGHT OF THE FOREGOING WE NOW BELIEVE THERE CAN BE NO DOUBT THAT THE TERM ,ACTIVITIES FOR WHICH APPROPRIATIONS ARE MADE" WAS INTENDED BY THE CONGRESS TO APPLY ONLY TO ACTIVITIES PECULIARLY ASSOCIATED WITH THE WORK OF AN AGENCY IN THE PERFORMANCE OF ITS STATUTORY FUNCTIONS AND NOT TO GENERAL PROBLEMS, SUCH AS MANAGEMENT, WHICH ARE COMMON TO ALL ORGANIZATIONS. A MEETING OF A PRIVATE ORGANIZATION INVOLVING EXECUTIVE DEVELOPMENT AND IMPROVEMENT CERTAINLY IS NOT DIRECTLY CONCERNED WITH THE BASIC ACTIVITIES PECULIAR TO AN AGENCY. IN THE ABSENCE OF ACTION BY THE CONGRESS IN THE FORM OF MORE SPECIFIC LEGISLATION ON THE SUBJECT--- AND THIS HAS BEEN THE SUBJECT OF NUMEROUS BILLS INTRODUCED IN THE CONGRESS--- WE THEREFORE WOULD NOT BE JUSTIFIED IN CONSIDERING THAT THE GENERAL APPROPRIATION PROVISION IN QUESTION IS AUTHORITY FOR THE PAYMENT OF EXPENSES OF ATTENDANCE AT SUCH A CONFERENCE.

THAT PART OF OUR DECISION OF DECEMBER 21, 1956, 36 COMP. GEN. 474, OR ANY OTHER DECISIONS INDICATING A CONTRARY CONCLUSION, NO LONGER WILL BE FOLLOWED.