B-43613, AUGUST 8, 1944, 24 COMP. GEN. 86

B-43613, AUGUST 8, 1944, 24 COMP. GEN. 86

APPROPRIATIONS - AVAILABILITY - REGISTRATION FEES FOR ATTENDANCE AT MEETINGS THE APPROPRIATION BY THE INDEPENDENT OFFICES APPROPRIATION ACT, 1945, OF FUNDS FOR TRAVELING EXPENSES OF MEMBERS AND EMPLOYEES OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS ATTENDING MEETINGS DOES NOT OVERCOME THE PROHIBITION IN SECTION 8 OF THE ACT OF JUNE 26, 1912, AGAINST THE USE OF APPROPRIATED FUNDS FOR EXPENSES OF ATTENDANCE AT MEETINGS, TO THE EXTENT OF AUTHORIZING THE USE OF SUCH FUNDS TO REIMBURSE AN EMPLOYEE THE COST OF A REGISTRATION FEE--- WHICH IS NOT AN EXPENSE OF TRAVEL--- REQUIRED IN CONNECTION WITH HIS ATTENDANCE AT A MEETING OF AN ASSOCIATION.

COMPTROLLER GENERAL WARREN TO WILLIAM M. SHEA, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, AUGUST 8, 1944:

REFERENCE IS MADE TO YOUR LETTER OF JULY 29, 1944, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO ME FOR CERTIFICATION A VOUCHER IN THE AMOUNT OF $10.00, COVERING REIMBURSEMENT FOR THE COST OF A REGISTRATION FEE, WHICH EXPENSE WAS INCURRED BY MR. JAMES J. KELLY, JR., AN EMPLOYEE OF THIS COMMITTEE, IN ATTENDING A MEETING OF THE NATIONAL AERONAUTIC ASSOCIATION, HELD AT WASHINGTON, D.C., ON JULY 24-25, 1944.

ALTHOUGH REIMBURSEMENT OF THIS ITEM APPEARS TO BE JUST, I AM UNABLE TO LOCATE A PRECEDENT FOR PAYMENT OF SUCH COSTS FROM APPROPRIATED FUNDS.

IT WILL BE APPRECIATED, THEREFORE, IF YOU WILL ADVISE AS TO WHETHER OR NOT PAYMENT OF REGISTRATION FEES MAY PROPERLY BE REIMBURSED UNDER THIS COMMITTEE'S APPROPRIATION FOR THE FISCAL YEAR 1945, WHICH INCLUDES "NOT TO EXCEED $2,500 FOR ATTENDANCE UPON MEETINGS OF TECHNICAL AND PROFESSIONAL SOCIETIES.'

THE VOUCHER ( S.F. 1012) IS ENCLOSED HEREWITH AND IS SUPPORTED BY SECRETARY'S LETTER OF AUTHORITY TAW-27, DATED JULY 22, 1944.

THE LETTER MENTIONED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER, TO JAMES J. KELLY, JR., DELEGATE, READS:

YOU ARE REQUESTED TO ATTEND A MEETING OF THE NATIONAL AERONAUTIC ASSOCIATION TO BE HELD ON JULY 24-25, 1944, AT THE STATLER HOTEL, WASHINGTON, D.C.

YOU WILL BE REIMBURSED SUCH COSTS AS ARE NECESSARILY INCURRED IN ATTENDANCE AT THIS MEETING.

SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, PROVIDES:

NO MONEY APPROPRIATED BY THIS OR ANY OTHER 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. ALSO, SEE JOINT RESOLUTION DATED FEBRUARY 2, 1935, 49 STAT. 19, PROVIDING IN PERTINENT PART:

THAT, UNLESS SPECIFICALLY PROVIDED BY LAW, NO MONEYS FROM FUNDS APPROPRIATED FOR ANY PURPOSE SHALL BE USED FOR THE PURPOSE OF LODGING, FEEDING, CONVEYING, OR FURNISHING TRANSPORTATION TO, ANY CONVENTIONS OR OTHER FORM OF ASSEMBLAGE OR GATHERING TO BE HELD IN THE DISTRICT OF COLUMBIA OR ELSEWHERE. THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE PAYMENT OF EXPENSES OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT IN THE DISCHARGE OF HIS OFFICIAL DUTIES.

THE PROVISION IN THE " INDEPENDENT OFFICES APPROPRIATION ACT, 1945," APPROVED JUNE 27, 1944, 58 STAT. 361, PUBLIC LAW 358, TO WHICH YOU REFER READS--- "TRAVELING EXPENSE OF MEMBERS AND EMPLOYEES, INCLUDING NOT TO EXCEED $2,500 FOR ATTENDANCE UPON MEETINGS OF TECHNICAL AND PROFESSIONAL IETIES.'

THE ACT OF 1912, SUPRA, PROHIBITS THE USE OF APPROPRIATED FUNDS FOR ANY EXPENSE OF ATTENDANCE UPON ANY MEETING OR CONVENTION OF ANY SOCIETY OR ASSOCIATION "UNLESS SUCH FEES * * * ARE AUTHORIZED TO BE PAID BY SPECIFIC APPROPRIATIONS FOR SUCH PURPOSES OR ARE PROVIDED FOR IN EXPRESS TERMS IN SOME GENERAL APPROPRIATION.' JOINT RESOLUTION OF 1935, SUPRA, PROHIBITS THE USE OF APPROPRIATED FUNDS FOR PAYMENT OF EXPENSES OF "LODGING, FEEDING, CONVEYING, OR FURNISHING TRANSPORTATION TO, ANY CONVENTIONS OR OTHER FORM OF ASSEMBLAGE OR GATHERING.' THE PROVISION IN THE CURRENT APPROPRIATION ACT, WHICH CLEARLY IS LIMITED TO TRAVELING EXPENSES, OVERCOMES THE PROHIBITION CONTAINED IN JOINT RESOLUTION OF 1935 AGAINST THE USE OF APPROPRIATED FUNDS FOR TRANSPORTATION EXPENSES TO ATTEND MEETINGS (16 COMP. GEN. 839), BUT DOES NOT OVERCOME THE PROHIBITION CONTAINED IN THE ACT OF 1912, SUPRA, AGAINST THE USE OF APPROPRIATED FUNDS FOR PAYING EXPENSES OF ATTENDANCE UPON MEETINGS OTHER THAN TRANSPORTATION OR TRAVELING EXPENSES. COMPARE 17 COMP. GEN. 838.

AS A REGISTRATION FEE MAY NOT BE REGARDED AS AN EXPENSE OF TRAVEL, AND AS THE FEE WAS PAID IN THIS CASE IN CONNECTION WITH ATTENDANCE UPON A MEETING OR CONVENTION OF AN "ASSOCIATION" WITHIN THE MEANING OF THE 1912 STATUTE, IT FOLLOWS THAT THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT. COMPARE 5 COMP. GEN. 834. THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.