B-39027, JANUARY 6, 1944, 23 COMP. GEN. 494

B-39027: Jan 6, 1944

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- WHICH CARDS ARE PRESCRIBED BY AN ADMINISTRATIVE ORDER NOT SPECIFICALLY REQUIRING THEM TO BE FURNISHED AT THE EMPLOYEES' EXPENSE. 1944: I HAVE YOUR LETTER OF DECEMBER 18. THIS ITEM WAS ORIGINALLY CHARGED IN MR. THE CHARGE FOR THE PHOTOGRAPHS WAS SUSPENDED AS SHOWN BY ORIGINAL NOTICE OF SUSPENSIONS ATTACHED TO THE ACCOUNT IN QUESTION BECAUSE THE BUREAU OF MINES CONSIDERED IT LACKED AUTHORITY TO REIMBURSE THE EXPENDITURE. THE PHOTOGRAPHS WERE USED ON DEPARTMENTAL IDENTIFICATION CARDS AND PARAGRAPH 2 CITED BY MR. PARAGRAPH 75 IS MORE SPECIFIC. AS THERE ARE MANY ITEMS OF SIMILAR CHARACTER OUTSTANDING. I WILL APPRECIATE YOUR DECISION. - WAS DEDUCTED ADMINISTRATIVELY FROM VOUCHER NO. 517885.

B-39027, JANUARY 6, 1944, 23 COMP. GEN. 494

EXPENSE OF SECURING PHOTOGRAPHS FOR IDENTIFICATION CARDS THE COST OF SECURING PHOTOGRAPHS TO COMPLETE IDENTIFICATION CARDS NECESSARY FOR INTERIOR DEPARTMENT EMPLOYEES TO GAIN ENTRANCE INTO PLANTS PERFORMING GOVERNMENT WORK--- WHICH CARDS ARE PRESCRIBED BY AN ADMINISTRATIVE ORDER NOT SPECIFICALLY REQUIRING THEM TO BE FURNISHED AT THE EMPLOYEES' EXPENSE--- MAY BE ALLOWED AS AN ITEM OF EXPENSE NECESSARY FOR THE PERFORMANCE OF OFFICIAL DUTY, BUT NOT AS AN ITEM OF TRAVELING EXPENSE UNDER PARAGRAPHS 2 OR 75 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDING, RESPECTIVELY, FOR REIMBURSEMENT OF EXPENSES ESSENTIAL TO THE TRANSACTION OF OFFICIAL BUSINESS AND THE COST OF PHOTOGRAPHS FOR PASSPORTS OR VISAS FOR TRAVEL OUTSIDE THE UNITED STATES.

COMPTROLLER GENERAL WARREN TO J. D. SECREST, DEPARTMENT OF THE INTERIOR, JANUARY 6, 1944:

I HAVE YOUR LETTER OF DECEMBER 18, 1943, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO THE UNDERSIGNED AUTHORIZED CERTIFYING OFFICER, THE CLAIM OF MR. T. F. CURRY, EXPLOSIVES INVESTIGATOR, 449 FEDERAL BUILDING, ALBANY 1, NEW YORK, COVERING AN EXPENDITURE OF $1.20 FOR PHOTOGRAPHS TAKEN JULY 1, 1943, BY THE HELEN ART STUDIO OF ALBANY, NEW YORK.

THIS ITEM WAS ORIGINALLY CHARGED IN MR. CURRY'S TRAVEL ACCOUNT FOR JULY 1 -31, 1943, D.O. NO. 517885, PAID BY F. G. ALLEN, SEPTEMBER 10, 1943, IN THE AMOUNT OF $90.35, BU. NO. 2457. THE CHARGE FOR THE PHOTOGRAPHS WAS SUSPENDED AS SHOWN BY ORIGINAL NOTICE OF SUSPENSIONS ATTACHED TO THE ACCOUNT IN QUESTION BECAUSE THE BUREAU OF MINES CONSIDERED IT LACKED AUTHORITY TO REIMBURSE THE EXPENDITURE.

THE PHOTOGRAPHS WERE USED ON DEPARTMENTAL IDENTIFICATION CARDS AND PARAGRAPH 2 CITED BY MR. CURRY APPARENTLY DOES NOT APPLY BECAUSE IT PROVIDES BROADLY FOR REIMBURSEMENT OF TRAVELING EXPENSES ESSENTIAL TO THE TRANSACTING OF OFFICIAL BUSINESS. PARAGRAPH 75 IS MORE SPECIFIC, BECAUSE IT AUTHORIZES REIMBURSEMENT OF THE COST OF PHOTOGRAPHS FOR PASSPORTS ONLY "WHEN REQUIRED FOR TRAVEL BEYOND THE LIMITS OF THE UNITED STATES.'

AS THERE ARE MANY ITEMS OF SIMILAR CHARACTER OUTSTANDING, I WILL APPRECIATE YOUR DECISION.

THE ITEM OF $1.20--- REPRESENTING A CHARGE FOR TWO PHOTOGRAPHS--- WAS DEDUCTED ADMINISTRATIVELY FROM VOUCHER NO. 517885, PAID SEPTEMBER 10, 1943, BY G. F. ALLEN, SYMBOL 207-650, FOR THE REASON STATED IN THE ADMINISTRATIVE NOTICE OF EXCEPTION, VIZ: "THIS IS A PERSONAL CHARGE AND CANNOT BE BILLED AGAINST THE GOVERNMENT.' IN RECLAIMING SAID ITEM ON THE SUBMITTED VOUCHER THE EMPLOYEE STATES:

CHARGE OF $1.20 FOR TWO PHOTOGRAPHS TO COMPLETE IDENTIFICATION CARDS SUSPENDED FROM JULY ACCOUNT AND HEREBY RECLAIMED. THIS CHARGE WAS SUSPENDED AS A PERSONAL CHARGE, AND IS RECLAIMED UNDER PARAGRAPH 2 OF THE GOVERNMENT TRAVEL REGULATIONS. THE IDENTIFICATION CARDS FOR WHICH THESE PICTURES WERE OBTAINED ARE NECESSARY TO GAIN ENTRANCE TO MANY PLANTS WHERE OUT WORK IS CONDUCTED AND SO ESSENTIAL TO THE TRANSACTION OF OFFICIAL BUSINESS. THE PHOTOGRAPHS WERE OBTAINED AS REQUESTED IN A MEMORANDUM OF JUNE 23, 1943, SENT BY W. J. FENE ANDSECRETARY'S ORDER NO. 1802, DATED APRIL 7, 1943, DIRECTS THE USE OF THE NEW DEPARTMENTAL IDENTIFICATION CARD. THE IDENTIFICATION CARDS REMAIN THE PROPERTY OF THE GOVERNMENT AND MUST BE RETURNED UPON COMPLETION OF THE EMPLOYEE'S SERVICES BEFORE FINAL PAYMENT TO THE EMPLOYEE IS MADE.

THE REFERRED-TO ORDER ( NO. 1802) OF APRIL 7, 1943, ISSUED BY THE SECRETARY OF THE INTERIOR, IS AS FOLLOWS:

THE ATTACHED SAMPLE IDENTIFICATION CARD IS HEREBY PRESCRIBED FOR USE BY THE BUREAUS AND OFFICES OF THE DEPARTMENT. THIS STANDARD IDENTIFICATION CARD WILL BE ISSUED TO EMPLOYEES NOW HOLDING DEPARTMENTAL AND BUREAU IDENTIFICATION CARDS BY OFFICERS DESIGNATED BY THE BUREAUS, AND FOR THE ORGANIZATIONS OF THE SECRETARY'S OFFICE, BY THE OFFICE OF THE CHIEF CLERK.

THE OFFICERS DESIGNATED WILL BE RESPONSIBLE FOR VERIFYING THE PHOTOGRAPHS AND SIGNATURES SUBMITTED BY EMPLOYEES TO WHOM IDENTIFICATION CARDS ARE ISSUED, WILL MAINTAIN A NUMERICAL RECORD OF THE CARDS ISSUED AND REISSUED, AND WILL REQUIRE THEIR RETURN UPON COMPLETION OF THE EMPLOYEE'S SERVICES BEFORE FINAL PAYMENT TO THE EMPLOYEE IS MADE. SUITABLE CONSECUTIVE PROPERTY NUMBERS WILL BE ASSIGNED TO THE ISSUED CARDS FOR RECORD PURPOSES BY THE BUREAUS.

THE SEAL OF THE BUREAUS OR THE DEPARTMENTAL SEAL SHALL BE IMPRINTED UPON THE FACE AND IN THE CENTER OF EACH IDENTIFICATION CARD BEFORE IT IT IS ISSUED SO AS TO PROTECT THE SIGNATURES, PHOTOGRAPH, AND OTHER IDENTIFYING DATA, ALL OF WHICH SHOULD BE AFFIXED TO THE CARD BEFORE THE SEAL IS IMPRINTED. THE EMPLOYEE'S FINGERPRINT NEED BE TAKEN ONLY WHEN IT IS CONSIDERED ESSENTIAL BY THE ISSUING BUREAU.

THIS STANDARD CARD MAY BE OVERPRINTED IN THOSE CASES WHERE SPECIFIC POLICE POWERS OR OTHER AUTHORITIES ARE GRANTED.

INITIAL REQUISITIONS FOR SUPPLIES OF THESE CARDS MAY BE SENT DIRECTLY TO THE MISCELLANEOUS SERVICE DIVISION OF THE CHIEF CLERK'S OFFICE.

THE ITEM IN QUESTION APPARENTLY IS VIEWED ADMINISTRATIVELY AS BEING ONE INVOLVING OFFICIAL TRAVEL.

PARAGRAPHS 2 AND 75 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE AS FOLLOWS:

2. REIMBURSABLE EXPENSES.--- TRAVELING EXPENSES WHICH WILL BE REIMBURSED ARE CONFINED TO THOSE EXPENSES ESSENTIAL TO THE TRANSACTING OF THE OFFICIAL BUSINESS.

75. DEFINITION.--- CHARGES FOR NECESSARY STENOGRAPHIC OR TYPEWRITING SERVICES OR RENTAL OF TYPEWRITING MACHINES IN CONNECTION WITH THE PREPARATION OF REPORTS OR CORRESPONDENCE; CLERICAL ASSISTANCE; SERVICES OF GUIDES, INTERPRETERS, PACKERS, DRIVERS OF VEHICLES; STORAGE OF PROPERTY USED ON OFFICIAL BUSINESS; AND WHEN REQUIRED FOR TRAVEL BEYOND THE LIMITS OF THE UNITED STATES, FEES IN CONNECTION WITH THE ISSUANCE OF PASSPORTS, VISA FEES, COST OF PHOTOGRAPHS FOR PASSPORTS AND VISAS, COST OF BIRTH CERTIFICATES, AND CHARGES FOR INOCULATION WILL BE ALLOWED WHEN AUTHORIZED OR APPROVED BY THE ADMINISTRATIVE OFFICIAL. ( ITALICS SUPPLIED).

SAID TRAVEL REGULATIONS WERE ISSUED PURSUANT TO STATUTORY AUTHORITY AND HAVE THE FORCE AND EFFECT OF LAW. IT IS A WELL ESTABLISHED RULE OF STATUTORY CONSTRUCTION THAT AN EXPRESS PROVISION IN A STATUTE (OR STATUTORY REGULATION) FOR ONE CLASS OF OBJECTS EXCLUDES ALL OTHER OBJECTS OF THAT NATURE NOT SPECIFICALLY PROVIDED FOR--- EXPRESSED IN THE LEGAL MAXIM, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. AS THE TRAVEL REGULATIONS PROVIDE FOR REIMBURSEMENT FOR THE COST OF PHOTOGRAPHS ONLY IN RESPECT OF PASSPORTS WHEN REQUIRED FOR TRAVEL OUTSIDE THE LIMITS OF THE UNITED STATES, THE COST OF SECURING PHOTOGRAPHS IN THIS CASE COULD NOT BE ALLOWED AS AN ITEM OF TRAVEL EXPENSE. SEE 9 COMP. GEN. 311.

HOWEVER, THE MATTER APPEARS FOR CONSIDERATION UPON OTHER GROUNDS. IN 2 COMP. GEN. 429, IT WAS HELD BY THIS OFFICE THAT:

PHOTOGRAPHS TO BE ATTACHED TO IDENTIFICATION CERTIFICATES TO BE CARRIED BY EMPLOYEES OF THE CUSTOMS SERVICE ARE AN OFFICIAL REQUIREMENT AND THE COST THEREOF MAY BE REIMBURSED TO THE EMPLOYEES. * * * SEE, ALSO, 20 COMP. GEN. 447, AND 9 ID. 311--- THERE BEING DIFFERENTIATED IN THE LATTER PHOTOGRAPHS REQUIRED FOR IDENTIFICATION PURPOSES IN RESPECT OF OFFICIAL DUTY AND IN RESPECT OF TRAVEL STATUS, GENERALLY. COMPARE B 35303, JULY 8, 1943.

THE APPROPRIATION PROPOSED TO BE CHARGED IN THIS CASE, NAMELY," ENFORCEMENT OF FEDERAL EXPLOSIVES ACT, BUREAU OF MINES, 1944" FOUND IN THE ACT OF JULY 12, 1943, 57 STAT. 480, PUBLIC 133, PROVIDES AS FOLLOWS:

ENFORCEMENT OF FEDERAL EXPLOSIVES ACT: FOR ALL NECESSARY EXPENSES OF THE BUREAU OF MINES IN PERFORMING THE DUTIES IMPOSED UPON IT BY THE FEDERAL EXPLOSIVES ACT, INCLUDING NOT TO EXCEED $100,000 FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA; BOOKS OF REFERENCE, PERIODICALS, AND NEWSPAPERS; NOT TO EXCEED $11,250 FOR PRINTING AND BINDING; CONTRACT STENOGRAPHIC REPORTING SERVICES; SUPPLIES AND EQUIPMENT; TRAVELING EXPENSES; MAINTENANCE, REPAIR AND OPERATION OF PASSENGER CARRYING AUTOMOBILES; PURCHASE OF SPECIAL WEARING APPAREL OR EQUIPMENT FOR THE PROTECTION OF EMPLOYEES WHILE ENGAGED IN THEIR WORK; PURCHASE IN THE DISTRICT OF COLUMBIA AND ELSEWHERE OF OTHER ITEMS OTHERWISE PROPERLY CHARGEABLE TO THE APPROPRIATION " CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR; " $530,000: PROVIDED, THAT SECTION 3709, REVISED STATUTES, SHALL NOT APPLY TO ANY PURCHASE OR SERVICE RENDERED UNDER THIS APPROPRIATION WHEN THE AGGREGATE AMOUNT INVOLVED DOES NOT EXCEED $300: PROVIDED FURTHER, THAT THE SECRETARY, THROUGH THE DIRECTOR OF THE BUREAU OF MINES, IS HEREBY AUTHORIZED TO CARRY OUT PROJECTS HEREUNDER IN COOPERATION WITH OTHER DEPARTMENTS OR AGENCIES OF THE FEDERAL GOVERNMENT, THE DISTRICT OF COLUMBIA, STATES, TERRITORIES, INSULAR POSSESSIONS, WITH OTHER ORGANIZATIONS OR INDIVIDUALS, AND WITH FOREIGN COUNTRIES AND THE POLITICAL SUBDIVISIONS THEREOF.

ACCORDINGLY, AS THE FURNISHING OF PHOTOGRAPHS WAS REQUIRED BY THE DEPARTMENT OF THE INTERIOR ORDER NO. 1802, SUPRA, WHICH DID NOT SPECIFICALLY REQUIRE THEM TO BE FURNISHED AT THE EMPLOYEE'S EXPENSE, PAYMENT THEREFOR MAY BE MADE FROM THE ABOVE APPROPRIATION, AS AN ITEM OF EXPENSE NECESSARY FOR THE PERFORMANCE OF OFFICIAL DUTY AND NO OTHER.

THE VOUCHER IS RETURNED HEREWITH, AND IF IT BE OTHERWISE CORRECT, IT MAY BE CERTIFIED FOR PAYMENT UPON THE BASIS ABOVE INDICATED.