B-134318, APRIL 28, 1958, 37 COMP. GEN. 708

B-134318, APRIL 28, 1958, 37 COMP. GEN. 708

MEETINGS - TRAVEL, ETC., EXPENSES - TREASURY DEPARTMENT APPROPRIATION AVAILABILITY THE AVAILABILITY OF TREASURY DEPARTMENT APPROPRIATIONS FOR EXPENSES OF ATTENDANCE AT MEETINGS, 5 U.S.C. 277, IS DEPENDENT UPON WHETHER THE MEETING CONCERNS CURRENT ACTIVITIES PECULIARLY ASSOCIATED WITH THE WORK OF THE TREASURY DEPARTMENT IN THE PERFORMANCE OF ITS SPECIFIC STATUTORY FUNCTIONS AND NOT WHETHER THE ATTENDANCE WILL BE BENEFICIAL TO ONE OR MORE FUNCTIONS OR ACTIVITIES OF THE DEPARTMENT.

TO THE SECRETARY OF THE TREASURY, APRIL 28, 1958:

ON JANUARY 7, 1958, THE ACTING SECRETARY OF THE TREASURY REQUESTED OUR DECISION AS TO WHETHER YOUR REGULATIONS ON " ATTENDANCE AT MEETINGS," ARE IN CONFLICT WITH THE INTENT OF OUR DECISION OF NOVEMBER 15, 1957, B-134318 (37 COMP. GEN. 335).

THE REFERRED-TO REGULATIONS APPEAR IN A CIRCULAR LETTER DATED SEPTEMBER 21, 1955, FROM THE THEN ACTING SECRETARY OF THE TREASURY TO THE HEADS OF BUREAUS, TREASURY DEPARTMENT. THEY WERE ISSUED PURSUANT TO SECTION 102 OF THE TREASURY-POST OFFICE APPROPRIATION ACT, 1956, 69 STAT. 72, 6 U.S.C. 277, IN ORDER TO ESTABLISH THE DEPARTMENT'S POLICY AND STANDARDS GOVERNING ATTENDANCE AT MEETINGS AT GOVERNMENT EXPENSE.

SECTION 102 OF THE TREASURY-POST OFFICE APPROPRIATION ACT, 1956, READS AS FOLLOWS:

HEREAFTER, APPROPRIATIONS FOR THE TREASURY DEPARTMENT AVAILABLE FOR THE EXPENSES OF TRAVEL SHALL BE AVAILABLE, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE TREASURY, FOR EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE FUNCTION OR ACTIVITY FOR WHICH THE APPLICABLE APPROPRIATION IS MADE.

THE POLICY IS STATED IN THE REGULATIONS AS "FOR THE PURPOSE OF TRANSMITTING OR ACQUIRING INFORMATION OR KNOWLEDGE RELATING TO THE SUBSTANTIVE OR ADMINISTRATIVE ACTIVITIES OF THE DEPARTMENT, OR ANY COMPONENT THEREOF, REPRESENTATION MAY BE PROVIDED AT GOVERNMENT EXPENSE AT MEETINGS OF SCIENTIFIC OR PROFESSIONAL SOCIETIES, * * * OR OTHER GROUPS.' REGARDING STANDARDS, THE REGULATIONS PROVIDE AS A CRITERION THAT BEFORE ATTENDANCE AT MEETINGS IS APPROVED, A DETERMINATION BE MADE THAT SUCH MEETINGS "WILL BE BENEFICIAL TO ONE OR MORE FUNCTIONS OR ACTIVITIES OF THE DEPARTMENT.'

THE ACTING SECRETARY POINTS OUT THAT THE REGULATIONS WOULD PERMIT ATTENDANCE AT PROFESSIONAL MEETINGS ON MANAGEMENT PROBLEMS WITH WHICH THE TREASURY IS SPECIFICALLY CONCERNED AND GIVES EXAMPLES OF SUCH TYPE OF MEETINGS.

HE SAYS THAT THE OFFICE OF THE SECRETARY HAD PLANNED TO SEND A REPRESENTATIVE TO THE WORKSHOP SEMINAR OF THE AMERICAN MANAGEMENT ASSOCIATION ON " INSTALLING AND ADMINISTERING ELECTRONIC DATA PROCESSING SYSTEMS" ON DECEMBER 9-11, 1957, WHICH HE SAYS IS A SUBJECT OF VITAL INTEREST TO THAT OFFICE IN VIEW OF THE LARGE POTENTIAL GAIN OR LOSS THROUGH APPLICATIONS IN VARIOUS BUREAU ACTIVITIES.

AS A FURTHER ILLUSTRATION, THE ACTING SECRETARY SAYS THE TREASURY IS PRESENTLY PRODUCING A BOOKLET FOR THE GUIDANCE OF ALL SUPERVISORS ENTITLED " BETTER MANAGEMENT THROUGH COST CONTROL," AND THAT AT A SPECIAL 3-DAY CONFERENCE IN CHICAGO ON DECEMBER 2-4, THE AMERICAN MANAGEMENT ASSOCIATION HAD SESSIONS ON SUCH SUBJECTS AS " THE SUPERVISOR'S ROLE IN COST REDUCTION," WHICH WERE OF DIRECT INTEREST IN CONNECTION WITH THAT BOOKLET AND OTHER CURRENT MANAGEMENT IMPROVEMENT ACTIVITIES DESIGNED TO IMPROVE SERVICES AND REDUCE TAXPAYER COSTS.

HE SAYS YOU WOULD ALSO LIKE TO CONTINUE TO SEND REPRESENTATIVES TO THE ANNUAL MEETINGS OF THE NATIONAL ASSOCIATION OF SUGGESTION SYSTEMS. POINTS OUT THAT THE GOVERNMENT'S INCENTIVE AWARDS PROGRAM WAS AUTHORIZED BY CONGRESS WITH A VIEW TO GETTING MAXIMUM PARTICIPATION BY EMPLOYEES IN EFFORTS TO FIND BETTER AND MORE ECONOMICAL WAYS OF PERFORMING GOVERNMENTAL ACTIVITIES. HE SAYS THAT TO CARRY OUT THIS OBJECTIVE YOU HAVE EMPLOYED NUMEROUS TECHNIQUES WHICH HAVE PROVED SUCCESSFUL, INCLUDING ISSUANCE IN 1956 OF A BOOKLET FOR GUIDANCE OF SUPERVISORS ON " BETTER MANAGEMENT THROUGH INCENTIVE AWARDS," AND THAT SOME OF THE TECHNIQUES WERE DEVELOPED FROM INFORMATION OBTAINED THROUGH YOUR PARTICIPATION IN MEETINGS OF THE NATIONAL ASSOCIATION OF SUGGESTION SYSTEMS. THE MEMBERSHIP OF THE NATIONAL ASSOCIATION OF SUGGESTION SYSTEMS INCLUDES BOTH INDUSTRY AND GOVERNMENT.

IT APPEARS THAT WHILE THE SUBJECT MATTER OF THE MEETINGS OF THE AMERICAN MANAGEMENT ASSOCIATION ON DECEMBER 9-11 AND THE NATIONAL ASSOCIATION OF SUGGESTION SYSTEMS, ABOVE, CONCERNS MANAGEMENT PROBLEMS COMMON TO BOTH PRIVATE AND PUBLIC ORGANIZATIONS, THEY ARE NEVERTHELESS PROBLEMS OF CURRENT CONCERN IN CONNECTION WITH AUTHORIZED ACTIVITIES OR FUNCTIONS OF YOUR DEPARTMENT.

WE HELD AS FOLLOWS IN OUR DECISION OF NOVEMBER 15, 1957 (QUOTING FROM THE SYLLABUS):

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 A CONTRARY CONCLUSION, OVERRULED.

THAT DECISION WAS BASED LARGELY ON THE LEGISLATIVE HISTORY OF THE STATUTORY PROVISION THERE CONSIDERED CONCERNING WHICH WE SAID "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.'

THE STATUTORY PROVISION HERE CONSIDERED NOT ONLY HAS SIMILAR LANGUAGE BUT A SIMILAR LEGISLATIVE HISTORY. WE QUOTE FROM PAGE 7 OF HOUSE REPORT NO. 204, 84TH CONGRESS, ST SESSION, ACCOMPANYING H.R. 4876, AS FOLLOWS:

THE COMMITTEE HAS DELETED LANGUAGE FROM THE APPROPRIATIONS FOR THE BUREAU OF CUSTOMS AND THE INTERNAL REVENUE SERVICE RELATING TO THE AUTHORIZING OF TRAVEL FUNDS FOR THE EXPENSES OF ATTENDANCE AT MEETINGS OF ORGANIZATIONS CONCERNED WITH THE PURPOSES OF THOSE APPROPRIATIONS. IN PLACE OF THE TWO ITEMS, A GENERAL PROVISION (SEC. 102) IS ESTABLISHED, SO WORDED AS TO MAKE ITS PERPETUAL REPETITION UNNECESSARY. ( ITALICS SUPPLIED.)

IN VIEW OF THE FOREGOING COMMENTS WE CONCLUDE THAT THE TERM "FUNCTION OR ACTIVITY FOR WHICH THE APPLICABLE APPROPRIATION IS MADE" IN SECTION 102 OF THE TREASURY-POST OFFICE APPROPRIATION ACT, 1956, WAS INTENDED BY CONGRESS TO APPLY ONLY TO ACTIVITIES PECULIARLY ASSOCIATED WITH THE WORK OF AGENCIES OF THE TREASURY DEPARTMENT IN THE PERFORMANCE OF THEIR STATUTORY FUNCTIONS. IT THUS APPEARS CLEAR THAT THE CRITERION TO BE APPLIED HERE IS WHETHER A MEETING OF AN ORGANIZATION CONCERNS ACTIVITIES PECULIARLY ASSOCIATED WITH THE WORK OF AN AGENCY OF THE TREASURY DEPARTMENT IN THE PERFORMANCE OF ITS STATUTORY FUNCTIONS AND NOT SOLELY WHETHER ATTENDANCE AT THE MEETING WILL BE BENEFICIAL TO ONE OR MORE FUNCTIONS OR ACTIVITIES OF THE DEPARTMENT.

WE BELIEVE, THEREFORE, THAT THE CRITERIA IN YOUR REGULATIONS SHOULD BE EXPANDED TO REQUIRE THAT THE MEETING MUST CONCERN CURRENT PROBLEMS RELATING TO A SPECIFIC STATUTORY ACTIVITY OR FUNCTION OF THE DEPARTMENT. IF THE MEETING IS OF SUCH A CHARACTER, ATTENDANCE WOULD BE AUTHORIZED REGARDLESS OF WHETHER THE MEETING DEALS WITH MANAGERIAL OR OPERATING PHASES OF SUCH ACTIVITY OR FUNCTION OR A COMBINATION OF BOTH. THE MEETINGS WHICH YOU HAVE EXEMPLIFIED WOULD APPARENTLY FALL WITHIN THOSE CRITERIA WITH THE EXCEPTION OF THE ONE RELATING TO COST MANAGEMENT AS TO WHICH THE INFORMATION FURNISHED IS NOT SUFFICIENT TO PERMIT A DETERMINATION.