B-166560, MAY 27, 1969

B-166560, MAY 27, 1969

TO MR. W. M. DOWLEN:

YOUR LETTER OF MARCH 27, 1969, REFERENCE 5AF, REFERRED FOR DECISION A TRAVEL VOUCHER SUBMITTED BY MR. VERNON C. MAYFIELD FOR REIMBURSEMENT OF LUNCHEON FEES ARISING FROM HIS ATTENDANCE AT MEETINGS OF THE FORT WORTH FEDERAL BUSINESS ASSOCIATION (FBA). THE RECORD INDICATES MR. MAYFIELD'S CLAIM FOR SUCH FEES IN THE AMOUNT OF $10 SUBMITTED ON JANUARY 31, 1969, WAS ADMINISTRATIVELY DISALLOWED. HIS RECLAIM IS FOR THAT AMOUNT PLUS $2.50 FOR A FEDERAL BUSINESS ASSOCIATION DIRECTOR'S LUNCHEON ON FEBRUARY 12. ATTACHED TO MR. MAYFIELD'S CLAIM IS A STATEMENT SETTING FORTH THE HISTORY OF THE FORT WORTH FEDERAL BUSINESS ASSOCIATION FROM 1921 TO DATE. YOU STATE IT IS YOUR UNDERSTANDING THAT ATTENDANCE AT FBA MEETINGS IS NOT A REQUIREMENT BUT IS ABSOLUTELY VOLUNTARY AND IS NOT ESSENTIAL TO THE NORMAL WORK OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. MR. MAYFIELD WAS PRESIDENT OF THE LOCAL CHAPTER OF FBA FOR THE PERIOD COVERED BY THE CLAIM. WE UNDERSTAND THAT THE FBA ORGANIZATIONS HAVE NO STATUS AS A FEDERAL ENTITY.

HISTORICALLY, ITEMS SUCH AS LUNCHEON FEES WERE SUBJECT TO SECTION 8 OF THE ACT OF JUNE 26, 1912, 37 STAT. 184, WHICH PROVIDED:

"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.'

IN THIS CONNECTION, JOINT RESOLUTION DATED FEBRUARY 2, 1935, 49 STAT. 19, PROVIDED IN 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.'

IN 38 COMP. GEN. 800 WE HELD THAT SECTION 19 (B) OF PUBLIC LAW 85 507 (GOVERNMENT EMPLOYEES TRAINING ACT), NOW 5 U.S.C. 4110, QUOTED BELOW, REPEALED BY IMPLICATION THE RESTRICTIVE PROVISIONS OF SECTION 8 OF THE ACT OF JUNE 26, 1912, RELATING TO ATTENDANCE AT MEETINGS WITH REGARD TO THE AGENCIES AND PERSONNEL COVERED BY THE TRAINING ACT:

"EXPENSES OF ATTENDANCE AT MEETINGS

"APPROPRIATIONS AVAILABLE TO AN AGENCY FOR TRAVEL EXPENSES ARE AVAILABLE FOR EXPENSES OF ATTENDANCE AT MEETINGS WHICH ARE CONCERNED WITH THE FUNCTIONS OR ACTIVITIES FOR WHICH THE APPROPRIATION IS MADE OR WHICH WILL CONTRIBUTE TO IMPROVED CONDUCT, SUPERVISION, OR MANAGEMENT OF THE FUNCTIONS OR ACTIVITIES. PUB. L. 89-554, SEPT. 6, 1966, 80 STAT. 436.'

IN THE ABSENCE OF AN AGENCY DETERMINATION THAT ATTENDANCE AT THE FBA MEETINGS IN QUESTION SATISFIES THE CONDITIONS OF 5 U.S.C. 4110 TOGETHER WITH AN AGENCY FINDING THAT ATTENDANCE AT THE LUNCHEONS WAS NECESSARY FOR FULL PARTICIPATION IN THE MEETINGS, THE RECLAIM FOR $10 IS NOT ALLOWABLE. MOREOVER, THE $2.50 CLAIM APPEARS TO COVER ATTENDANCE AT A LUNCHEON CONCERNED SOLELY WITH ADMINISTRATIVE AND MANAGEMENT AFFAIRS OF THE FBA. WE PERCEIVE OF NO BASIS IN THOSE CIRCUMSTANCES FOR THE $2.50 ITEM TO BE FURNISHED AT GOVERNMENT EXPENSE.