MAY 23, 1924, 3 COMP. GEN. 883

MAY 23, 1924, 3 COMP. GEN. 883

CONVENTIONS - ATTENDANCE BY OFFICER OF THE PUBLIC HEALTH SERVICE THE APPROPRIATION FOR THE VETERANS' BUREAU,"MEDICAL AND HOSPITAL SERVICES 1923," ACT OF JUNE 12, 1922, 42 STAT. 649, NOT MAKING SPECIFIC PROVISION FOR EXPENSES OF OFFICERS AND EMPLOYEES ATTENDING MEETINGS AND CONVENTIONS, AS REQUIRED BY SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, THE CLAIM OF AN OFFICER OF THE PUBLIC HEALTH SERVICE FOR MILEAGE IN ATTENDING THE ANNUAL MEETING OF THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION AT THE REQUEST OF, AND FOR AND IN CONNECTION WITH THE WORK OF, THE VETERANS' BUREAU, IS NOT A PROPER CHARGE AGAINST SAID APPROPRIATION.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 23, 1924:

LLOYD H. ZIEGLER, PASSED ASSISTANT SURGEON, PUBLIC HEALTH SERVICE, APPLIED APRIL 3, 1924, FOR REVIEW OF SETTLEMENT NO. C-14676, OF MARCH 24, 1924, WHEREIN WAS DISALLOWED HIS CLAIM FOR $97.20 COVERING MILEAGE IN ATTENDING THE ANNUAL MEETING OF THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION UNDER ORDERS OF THE ACTING SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE, DATED SEPTEMBER 7, 1922, THE DISALLOWANCE BEING FOR THE REASON THAT THE VETERANS' BUREAU APPROPRIATION INDICATED FOR CHARGE "MEDICAL AND HOSPITAL SERVICES, 1923," HEREINAFTER QUOTED, PART OF WHICH WAS ALLOTTED TO THE PUBLIC HEALTH SERVICE PURSUANT TO THE ACT OF JUNE 12, 1922, 42 STAT. 649, DID NOT SPECIFICALLY AUTHORIZE THAT CHARACTER OF EXPENSES AS REQUIRED BY SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, AS A PREREQUISITE TO ALLOWANCE OF SUCH EXPENSES. SECTION 8 OF THE ACT OF JUNE 26, 1912, SUPRA, 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.

THE ORDER DIRECTING THE TRAVEL IN QUESTION PROVIDED:

IN ACCORDANCE WITH A REQUEST RECEIVED FROM THE DIRECTOR OF THE U.S. VETERANS' BUREAU, YOU ARE DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 22, 1922, TO ATLANTIC CITY, N.J., TO ATTEND THE ANNUAL MEETING OF THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, TO BE HELD IN THAT CITY, SEPTEMBER 25- 28, 1922.

UPON COMPLETION OF THIS DUTY YOU WILL RETURN TO YOUR STATION.

YOU ARE DIRECTED TO USE TREASURY DEPARTMENT TRANSPORTATION REQUESTS FOR RAILROAD TRANSPORTATION (BUT NOT FOR SLEEPING AND PARLOR CAR ACCOMMODATIONS). REIMBURSEMENT AT THE RATE OF EIGHT CENTS PER MILE FOR THE NECESSARY TRAVEL PERFORMED IN CARRYING OUT THESE INSTRUCTIONS IS HEREBY AUTHORIZED. TRANSPORTATION REQUESTS ARE INCLOSED.

THE APPROPRIATION FOR "MEDICAL AND HOSPITAL SERVICES, 1923," ACT OF JUNE 12, 1922, 42 STAT. 649, PROVIDES:

MEDICAL AND HOSPITAL SERVICES: FOR MEDICAL, SURGICAL, DENTAL, DISPENSARY, AND HOSPITAL SERVICES AND FACILITIES, CONVALESCENT CARE, NECESSARY AND REASONABLE AFTER CARE, WELFARE OF, NURSING, PROSTHETIC APPLIANCES, MEDICAL EXAMINATIONS, FUNERAL AND OTHER INCIDENTAL EXPENSES (INCLUDING TRANSPORTATION OF REMAINS), TRAVELING EXPENSES, AND SUPPLIES, AND NOT EXCEEDING $100,000 FOR LIBRARY BOOKS, MAGAZINES, AND PAPERS FOR BENEFICIARIES OF THE UNITED STATES VETERANS' BUREAU, INCLUDING COURT COSTS AND OTHER EXPENSES INCIDENT TO PROCEEDINGS HERETOFORE OR HEREAFTER TAKEN FOR COMMITMENT OF MENTALLY INCOMPETENT PERSONS TO HOSPITALS FOR THE CARE AND TREATMENT OF THE INSANE, $64,658,680: * * *.

THIS APPROPRIATION SHALL BE DISBURSED BY THE UNITED STATES VETERANS' BUREAU, AND SUCH PORTION THEREOF AS MAY BE NECESSARY SHALL BE ALLOTTED FROM TIME TO TIME TO THE PUBLIC HEALTH SERVICE, * * * AND TRANSFERRED TO THEIR CREDIT FOR DISBURSEMENT BY THEM FOR THE PURPOSES SET FORTH IN THE FOREGOING PARAGRAPH. * * *

CLAIMANT IN HIS APPLICATION FOR REVIEW STATES:

I AM IN RECEIPT OF A STATEMENT DISALLOWING MY CLAIM FOR $97.20 IN CLAIM NUMBER 14676. I AM NOT SATISFIED AND DESIRE IT TRANSMITTED TO THE LAW DIVISION FOR REVIEW.

IT SEEMS VERY STRANGE INDEED THAT AN OFFICER OF THE U.S.P.H.S. SHOULD RECEIVE OFFICIAL ORDERS FROM SUPERIORS WHICH CARRY TRAVEL EXPENSE ALLOWANCE AND THEN AFTER COMPLYING WITH THE ORDERS SHOULD BE THE VICTIM OF THE EXPENSES. IT IS OF SUCH A NATURE AS TO MAKE AN OFFICER HIGHLY SKEPTICAL OF THE INTENTION OF ORDERS, AND I DESIRE A FULL REVIEW.

THE APPROPRIATION MAY NOT HAVE BEEN MADE. I KNEW NOTHING OF THAT. OBEYED ORDERS AND HAVE BECOME THE VICTIM OF IGNORANCE OF MY SUPERIORS.

CLAIMANT WAS AN OFFICER OF THE PUBLIC HEALTH SERVICE AND THAT SERVICE HAD AN APPROPRIATION FOR EXPENSES "OF OFFICERS WHEN OFFICIALLY DETAILED TO ATTEND MEETINGS OF ASSOCIATIONS" FOR THE PROMOTION OF PUBLIC HEALTH. SEE APPROPRIATION FOR "FREIGHT, TRANSPORTATION, ETC., PUBLIC HEALTH SERVICE, 1923," ACT OF FEBRUARY 17, 1922, 42 STAT. 380.

BEING AN OFFICER OF A SERVICE HAVING THE AUTHORITY TO PAY EXPENSES FOR ATTENDANCE AT CONVENTIONS, ETC., CLAIMANT REASONABLY COULD ASSUME THAT HE WOULD BE ENTITLED TO MILEAGE FOR THE TRAVEL WHICH HE WAS DIRECTED TO PERFORM; HOWEVER, ALL THE FACTS, ETC., SUBMITTED INDICATE THAT THE ATTENDANCE OF CLAIMANT AT THE MEETING OF THE ASSOCIATION IN QUESTION WAS AT THE REQUEST OF AND FOR AND IN CONNECTION WITH THE WORK OF THE VETERANS' BUREAU, THE EXPENSES BEING INDICATED FOR CHARGE AGAINST AN ALLOTMENT UNDER AN APPROPRIATION FOR THE WORK OF THAT BUREAU. IN VIEW OF THESE FACTS THE PLAIN PROVISIONS OF SECTION 8 OF THE ACT OF JUNE 26, 1912, SUPRA, REQUIRED THE DISALLOWANCE OF THE CLAIM, AND, UPON REVIEW, SUCH DISALLOWANCE IS AFFIRMED.

HOWEVER, IF A SATISFACTORY SHOWING CAN BE AND IS MADE BY THE PUBLIC HEALTH SERVICE THAT THE ATTENDANCE AT THE MEETING OF THE ASSOCIATION IN QUESTION WAS EQUALLY IN THE INTEREST OF THE ,PROMOTION OF PUBLIC HEALTH" WITHIN THE INTENT AND MEANING OF THE APPROPRIATION FOR "FREIGHT, TRANSPORTATION, ETC., PUBLIC HEALTH SERVICE, 1923," SUPRA, THERE REMAINING AN UNEXPENDED BALANCE UNDER THAT APPROPRIATION MORE THAN SUFFICIENT TO PAY THE INSTANT CLAIM, THERE WILL BE NO OBJECTION TO A FURTHER CONSIDERATION OF THE MATTER IN THE LIGHT OF SUCH NEW AND MATERIAL FACTS AS MAY BE SUBMITTED.