B-29085, OCTOBER 5, 1942, 22 COMP. GEN. 315

B-29085, OCTOBER 5, 1942, 22 COMP. GEN. 315

EXPENSES OF ATTENDANCE AT MEETINGS; APPROPRIATION LIMITATIONS THE LIMITATION OF $1,000 FOR EXPENSES OF ATTENDANCE AT MEETINGS CONTAINED IN THE REGULAR APPROPRIATION, FISCAL YEAR 1943, FOR SALARIES AND EXPENSES OF THE FEDERAL COMMUNICATIONS COMMISSION IS APPLICABLE NOT ONLY TO EXPENSES OF ATTENDANCE AT MEETINGS OF SOCIETIES OR ASSOCIATIONS, WHICH, BUT FOR SUCH SPECIFIC PROVISION, WOULD BE PROHIBITED BY THE ACT OF JUNE 26, 1912, BUT ALSO TO EXPENSES OF ATTENDANCE AT ALL MEETINGS NECESSARY FOR THE EFFICIENT DISCHARGE OF THE RESPONSIBILITIES OF THE COMMISSION WHEN SUCH EXPENSES ARE CHARGEABLE TO SAID REGULAR APPROPRIATION. THE APPROPRIATION FOR NATIONAL DEFENSE ACTIVITIES OF THE FEDERAL COMMUNICATIONS COMMISSION, WHICH PROVIDES THAT IT SHALL BE AVAILABLE FOR ALL ITEMS FOR WHICH THE REGULAR APPROPRIATION IS AVAILABLE, MAY BE USED FOR EXPENSES OF ATTENDANCE AT MEETINGS WITHOUT REGARD TO THE $1,000 LIMITATION CONTAINED IN THE REGULAR APPROPRIATION ON THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF SUCH ATTENDANCE, BUT THE AGGREGATE OF SUCH EXPENSES MUST BE CONSIDERED AS A PART OF THE TRAVEL EXPENSES LIMITATION PRESCRIBED IN THE NATIONAL DEFENSE APPROPRIATION.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, OCTOBER 5, 1942:

I HAVE YOUR LETTER OF SEPTEMBER 21, 1942, AS FOLLOWS:

REFERRING TO THE COMMISSION'S APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1943, AS PROVIDED FOR IN PUBLIC LAW 630, 77TH CONGRESS, APPROVED JUNE 27, 1942, THE REGULAR APPROPRIATION PROVIDES FOR EXPENSES OF ATTENDANCE AT MEETINGS NOT TO EXCEED $1,000.00. HOWEVER, UNDER THE APPROPRIATION COVERING EXPENSES FOR THE NATIONAL DEFENSE ACTIVITIES, THERE IS NO SUCH PROVISION OR A LIMITATION ALTHOUGH IT DOES PROVIDE THAT EXPENDITURES MAY BE MADE FOR ALL OF THE ITEMS WHICH THE APPROPRIATION " SALARIES AND EXPENSES, FEDERAL COMMUNICATIONS COMMISSION" ARE AVAILABLE. IT IS BELIEVED THAT UNDER THIS PROVISION, THE COMMISSION MAY AUTHORIZE EXPENSES FOR ATTENDANCE AT MEETINGS.

AS THE COMMISSION DESIRES TO AUTHORIZE AN EMPLOYEE TO ATTEND A MEETING DEALING WITH WAR PROBLEMS, YOUR OPINION IS REQUESTED AS TO WHETHER THE COMMISSION'S INTERPRETATION OF THE LANGUAGE OF THE ACT IS CORRECT.

AN EARLY REPLY WILL BE APPRECIATED.

THE APPROPRIATION " SALARIES AND EXPENSES, FEDERAL COMMUNICATIONS COMMISSION, 1943," AS MADE BY THE ACT OF JUNE 27, 1942, 56 STAT. 398, PUBLIC LAW 630, CONTAINS THE SPECIFIC PROVISION FOR "* * * TRAVEL EXPENSES, INCLUDING NOT EXCEEDING $1,000 FOR EXPENSES OF ATTENDANCE AT MEETINGS WHICH IN THE DISCRETION OF THE COMMISSION ARE NECESSARY FOR THE EFFICIENT DISCHARGE OF ITS RESPONSIBILITIES * * *.' THE SAME ACT CONTAINS, ALSO, THE APPROPRIATION FOR NATIONAL DEFENSE FOR YOUR COMMISSION WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

FOR ALL EXPENSES, INCLUDING NOT TO EXCEED $112,140 FOR TRAVELING EXPENSES, NECESSARY TO ENABLE THE FEDERAL COMMUNICATIONS COMMISSION, WITHOUT REGARD TO SECTION 3709 OF THE REVISED STATUTES, TO PERFORM ITS FUNCTIONS RELATED TO NATIONAL DEFENSE, INCLUDING RADIO MONITORING AND FOREIGN BROADCAST ANALYSIS, INCLUDING ALL OF THE ITEMS OF EXPENDITURE FOR WHICH THE APPROPRIATION " SALARIES AND EXPENSES, FEDERAL COMMUNICATIONS COMMISSION," IS AVAILABLE; * * * "

THE ITEM FOR ATTENDANCE AT MEETINGS IN YOUR REGULAR APPROPRIATION IS OBVIOUSLY FOR THE PURPOSE OF OVERCOMING THE PROHIBITION IN SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, WHICH PROVIDES:

SEC. 8. 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. ADDITION TO THIS PROVISION OF LAW, ATTENTION IS INVITED TO THE JOINT RESOLUTION OF FEBRUARY 2, 1935, 49 STAT. 19, WHICH PROVIDES:

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 PROHIBITION IN THE 1912 STATUTE AGAINST THE USE OF APPROPRIATED FUNDS FOR PAYMENT OF EXPENSES FOR ATTENDANCE AT MEETINGS OR CONVENTIONS HAS BEEN HELD TO BE APPLICABLE ONLY WHEN THE MEETING OR CONVENTION IS OF MEMBERS OF A SOCIETY OR ASSOCIATION (5 COMP. GEN. 834; 17 ID. 838) AND THE 1935 STATUTE IS, BY ITS TERMS, NOT APPLICABLE "TO PROHIBIT THE PAYMENT OF EXPENSES OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT IN THE DISCHARGE OF HIS OFFICIAL DUTY.' SEE, GENERALLY, 16 COMP. GEN. 839; ID. 850. IT IS NOTED, HOWEVER, THAT THE LIMITATION OF $1,000 IN THE REGULAR APPROPRIATION OF YOUR COMMISSION IS NOT LIMITED TO EXPENSES OF ATTENDANCE AT MEETINGS OF SOCIETIES OR ASSOCIATIONS BUT APPEARS TO BE MADE APPLICABLE TO ALL EXPENSES OF ATTENDANCE AT MEETINGS NECESSARY FOR THE EFFICIENT DISCHARGE OF THE RESPONSIBILITIES OF YOUR COMMISSION WHEN SUCH EXPENSES ARE CHARGEABLE TO SAID REGULAR APPROPRIATION. HOWEVER, THERE IS NO SUCH LIMITATION WITH RESPECT TO SUCH EXPENSES WHEN PROPERLY CHARGEABLE TO THE NATIONAL DEFENSE APPROPRIATION. THE PAYMENT OF EXPENSES FOR ATTENDANCE AT MEETINGS IS AN ITEM OF EXPENDITURE SPECIFICALLY AUTHORIZED UNDER THE REGULAR APPROPRIATION AND SINCE THE NATIONAL DEFENSE APPROPRIATION IS MADE AVAILABLE FOR "ALL OF THE ITEMS OF EXPENDITURE" FOR WHICH YOUR REGULAR APPROPRIATION IS AVAILABLE, THE EXPENSES OF ATTENDANCE AT MEETINGS SUCH AS REFERRED TO IN YOUR SUBMISSION IS AUTHORIZED UNDER SAID NATIONAL DEFENSE APPROPRIATION SUBJECT ONLY TO THE REQUIREMENT THAT THE AGGREGATE OF SUCH EXPENSES MUST BE CONSIDERED AS A PART OF THE TRAVEL EXPENSES WITHIN THE LIMITATION PRESCRIBED IN THAT APPROPRIATION FOR SUCH EXPENSES.