A-16312, JANUARY 11, 1927, 6 COMP. GEN. 463

A-16312, JANUARY 11, 1927, 6 COMP. GEN. 463

PERSONAL SERVICES AT SEAT OF GOVERNMENT, CONTRACTING FOR - TRANSLATORS - DELEGATION OF AUTHORITY THE TRANSLATING OF FOREIGN LANGUAGES INTO ENGLISH AND VICE VERSA IS ESSENTIALLY A PERSONAL SERVICE TO BE PERFORMED BY REGULAR EMPLOYEES OF THE GOVERNMENT APPOINTED IN ACCORDANCE WITH THE CIVIL-SERVICE RULES AND REGULATIONS AND AT RATES OF COMPENSATION FIXED BY THE CLASSIFICATION ACT. THE TRANSFER OR DELEGATION, BY CONTRACT, TO OTHERS OF THE DUTY OF SELECTING PERSONS QUALIFIED TO PERFORM PERSONAL SERVICES FOR THE UNITED STATES, FOR WHICH THE ADMINISTRATIVE OFFICERS ARE THEMSELVES RESPONSIBLE, IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JANUARY 11, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 10, 1926 REQUESTING RECONSIDERATION OF DECISION OF NOVEMBER 27, 1926, HOLDING THAT CONTRACTS FOR THE TRANSLATION OF FOREIGN LANGUAGES INTO ENGLISH AND OF ENGLISH INTO FOREIGN LANGUAGES CONTRAVENED THE ACT OF AUGUST 5, 1882, 22 STAT. 255, THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, AND THE APPROPRIATION ACT FOR YOUR BUREAU OF APRIL 22, 1926, 44 STAT. 319. WITH YOUR SUBMISSION IS FORWARDED A TABULATED STATEMENTS OF SUCH SERVICES PROCURED BY THE VETERANS' BUREAU FROM JANUARY TO OCTOBER, 1926, AT A TOTAL COST OF $2,416.66, AND YOU STATE IN EXPLANATION THEREOF, AS FOLLOWS:

4.MRS. CAMBOURI DOES NOT PERSONALLY TRANSLATE ANY OF THE DOCUMENTS WHICH ARE SENT TO HER FOR TRANSLATION. BEFORE THE CONTRACT WAS AWARDED TO MRS. CAMBOURI AND IN ORDER TO SHOW HER QUALIFICATIONS TO CARRY OUT THE TERMS OF THE CONTRACT, SHE ADVISED THIS BUREAU THAT SHE TRANSLATED FRENCH, BUT THAT SHE HAD FRIENDS WHO WERE COMPETENT AND WILLING TO TRANSLATE MOST OF THE LANGUAGES THIS BUREAU WOULD REQUIRE HER TO TRANSLATE, INCLUDING ARABIC, RUMANIAN, RUSSIAN, POLISH, AND IN FACT ALMOST EVERY EUROPEAN LANGUAGE. THIS BUREAU HAS EMPLOYEES WHO ARE COMPETENT FRENCH TRANSLATORS, AND, THEREFORE, NO FRENCH TRANSLATIONS WERE REQUIRED OF MRS. CAMBOURI. SHE IS A CONTRACTOR OR AGENT AND NOT AN EMPLOYEE OF THE BUREAU. THIS BUREAU HAS NO CONNECTION WHATEVER WITH THE PERSONS WHOM SHE EMPLOYS TO TRANSLATE LETTERS AND DOCUMENTS.

6. AN EXAMINATION OF THE LANGUAGES TRANSLATED WILL MAKE IT APPARENT THAT IT WOULD NOT BE POSSIBLE TO SECURE ONE OR EVEN TWO OR THREE TRANSLATORS COMPETENT TO TRANSLATE ALL OF THESE LANGUAGES, BECAUSE MANY OF THE LANGUAGES HAVE DIFFERENT ROOTS OR ORIGINS AND LITTLE OR NOTHING IN COMMON. IT IS NOT DIFFICULT TO SECURE TRANSLATORS OF THE VARIOUS ROMANCE LANGUAGES, ALL OF WHICH HAVE A COMMON ROOT--- TO WIT, LATIN. HOWEVER, THE FEW PIECES OF MAIL RECEIVED IN A GREAT MANY OF THESE LANGUAGES WOULD NOT WARRANT THE EMPLOYMENT OF A TRANSLATOR AND UNLESS THE MAJOR PORTION OF A TRANSLATOR'S TIME WERE GIVEN TO TRANSLATING HE COULD NOT SECURE A TRANSLATOR'S GRADE FROM THE PERSONNEL CLASSIFICATION BOARD; FURTHERMORE, A PERSON WOULD HARDLY BE WILLING TO DO DIFFICULT TRANSLATING FOR SHORT PERIODS FOR A GRADE 1 OR 2 CLERICAL SALARY, EVEN IF CITIZENS OF THE UNITED STATES COULD BE FOUND COMPETENT TO DO SUCH TRANSLATING AND WILLING TO ACCEPT THE POSITION.

7. THE BUREAU EMPLOYS TRANSLATORS WHO ARE ABLE TO TRANSLATE THE MORE COMMON EUROPEAN LANGUAGES AND A FEW OF THE LESS COMMON LANGUAGES. HOWEVER, THE RECEIPT OF FOREIGN MAIL IS IRREGULAR AND IT HAS BEEN NECESSARY AT TIMES, PARTICULARLY WHEN CERTAIN TRANSLATORS ARE ON ANNUAL LEAVE, TO SEND LETTERS AND DOCUMENTS IN CERTAIN LANGUAGES TO THE CONTRACTOR FOR TRANSLATION IN ORDER TO KEEP THE WORK CURRENT. THIS, HOWEVER, IS NOT A USUAL PRACTICE BUT ONLY TO MEET EMERGENCIES.

8. THE WORK OF THIS BUREAU DEALS WITH THE MEDICAL CARE AND TREATMENT AND EVEN THE SUPPORT OF DISABLED SOLDIERS AND SAILORS OR THEIR DEPENDENTS AND, NECESSARILY, EXPEDITED SERVICE IS ESSENTIAL. AT THE PRESENT TIME, THIS BUREAU HAS ON HAND FOREIGN DOCUMENTS IN ESTHONIAN, JAPANESE, FILIPINO, LITHUANIAN, FINNISH, LETTISH, AND GREEK AMOUNTING TO TWENTY-SEVEN PIECES, TOTALING ONE HUNDRED AND THIRTY THREE SHEETS, WHICH IT IS UNABLE TO TRANSLATE.

9. I AM ADVISED THAT THE DEPARTMENT OF STATE HAS BUT TWO TRANSLATORS IN THE CITY OF WASHINGTON, WHO ARE QUITE BUSY WITH THE CURRENT WORK OF THE DEPARTMENT OF STATE. THE UNITED STATES VETERANS' BUREAU HAS BEEN UNABLE TO FIND ANY OTHER GOVERNMENT DEPARTMENT OR INDEPENDENT ESTABLISHMENT HAVING THE FACILITIES AVAILABLE TO HANDLE THE VOLUME AND CHARACTER OF TRANSLATIONS REQUIRED BY THIS BUREAU.

IT IS NOTED FROM YOUR STATEMENT THAT THE CONTRACTOR IN THIS CASE DID NOT PERFORM THE DUTIES FOR WHICH SHE CONTRACTED, BUT SECURED THEIR PERFORMANCE BY OTHERS. IN OTHER WORDS, THE ADMINISTRATIVE DUTY OF SELECTING PERSONS QUALIFIED TO PERFORM PERSONAL SERVICES FOR THE UNITED STATES WAS TRANSFERRED OR DELEGATED TO THE CONTRACTOR INSTEAD OF BEING PERFORMED BY PROPER ADMINISTRATIVE OFFICERS OF THE GOVERNMENT. THE DELEGATION TO OTHERS, BY CONTRACT, OF DUTIES FOR WHICH THE ADMINISTRATIVE OFFICERS ARE RESPONSIBLE IS NOT AUTHORIZED. SEE UNDERWOOD V. UNITED STATES, DECIDED BY THE COURT OF CLAIMS JUNE 14, 1926, AND 6 COMP. GEN. 51.

THE DIFFICULTY OF PROCURING AND MAINTAINING PERMANENTLY A PERSONNEL QUALIFIED TO TRANSLATE THE VARIOUS UNUSUAL LANGUAGES IS NOT QUESTIONED. NOTWITHSTANDING SUCH DIFFICULTY, HOWEVER, THE PROHIBITION IN THE ACT OF AUGUST 5, 1882, AGAINST THE EMPLOYMENT OF PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, UNLESS SUCH EMPLOYMENT IS AUTHORIZED AND PAYMENT THEREFOR SPECIFICALLY PROVIDED BY LAW, ADMITS OF NO EXCEPTION OTHER THAN AS SPECIFICALLY PROVIDED BY LAW. NO LESS POSITIVE ARE THE REQUIREMENTS OF THE CLASSIFICATION ACT OF MARCH 3, 1923, AND THE APPROPRIATION ACT FOR YOUR BUREAU FOR THE FISCAL YEAR 1927, THAT ALL PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA SHALL BE EMPLOYED AND PAID IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

ATTENTION IS INVITED TO SECTIONS 1 AND 2 OF RULE VIII OF THE CIVIL SERVICE RULES AND REGULATIONS PROVIDING FOR TEMPORARY APPOINTMENTS. UNABLE TO PROCURE NECESSARY TRANSLATIONS OTHERWISE, IT WOULD APPEAR POSSIBLE TO MAKE TEMPORARY APPOINTMENTS UNDER THESE RULES FOR ONE HOUR OR ONE DAY OR SUCH PERIODS AS MAY BE REQUIRED FOR THE PARTICULAR TRANSLATIONS, THE COMPENSATION TO BE PAID BEING FIXED IN ACCORDANCE WITH THE RATES ESTABLISHED BY THE CLASSIFICATION ACT. SEE 4 COMP. GEN. 729, 743, AND 851.

IT IS NOTED THAT YOU MADE INQUIRY OF THE STATE DEPARTMENT BUT THAT THE DEPARTMENT IS UNABLE TO RENDER ASSISTANCE THROUGH ITS TRANSLATORS, BUT NO MENTION IS MADE BY YOU OF THE COOPERATIVE SERVICE MAINTAINED UNDER THE CHIEF COORDINATOR, BUREAU OF THE BUDGET, FOR FURNISHING TRANSLATION SERVICE BY THE VARIOUS GOVERNMENT BUREAUS OR DEPARTMENTS. SEE MEMORANDUM NO. 18, ISSUED OCTOBER 20, 1925, BY THE INTERDEPARTMENTAL BOARD ON SIMPLIFIED OFFICE PROCEDURE. I WOULD SUGGEST THAT THERE BE INQUIRED INTO WHETHER THE COOPERATIVE SERVICE CAN SUPPLY THE TRANSLATIONS NEEDED BY YOUR BUREAU OR WHETHER IT WOULD BE PRACTICABLE TO SECURE THE SERVICE OF TRANSLATORS TEMPORARILY BY DIRECT EMPLOYMENT FOR SHORT PERIODS UNDER SECTIONS 1 AND 2 OF RULE VIII OF THE CIVIL SERVICE RULES AND REGULATIONS, AND IF SATISFACTORY RESULTS CAN NOT BE THUS OBTAINED A FURTHER SUBMISSION OF THE MATTER BE MADE TO THIS OFFICE FOR CONSIDERATION OF THE FACTS THUS DEVELOPED.