A-39298, JULY 13, 1932, 12 COMP. GEN. 22

A-39298, JULY 13, 1932, 12 COMP. GEN. 22

ECONOMY ACT - SUBSISTENCE, PER DIEM - GOVERNMENT EMPLOYEES AS WITNESSES ALL GOVERNMENT EMPLOYEES TRAVELING AS WITNESSES UNDER SECTION 850, REVISED STATUTES, ON AND AFTER JULY 1, 1932, MAY BE REIMBURSED ONLY UPON A PER DIEM BASIS OF NOT TO EXCEED $5 IN ACCORDANCE WITH THE ACT OF JUNE 30, 1932, 47 STAT. 382.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JULY 13, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 6, 1932, REQUESTING TO BE ADVISED WHETHER GOVERNMENT EMPLOYEES TRAVELING AS WITNESSES UNDER SECTION 850, REVISED STATUTES, SHOULD HEREAFTER BE ALLOWED ACTUAL EXPENSES OF SUBSISTENCE NOT EXCEEDING $6 PER DAY UNDER THE LAST SECTION OF THE APPROPRIATION ACT FOR THE DEPARTMENTS OF STATE AND JUSTICE, ETC., FOR THE FISCAL YEAR 1933, ACT OF JULY 1, 1932, 47 STAT. 523, OR A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $5 UNDER SECTION 207, PART II, OF THE ACT OF JUNE 30, 1932, 47 STAT. 405.

SECTIONS 207, 208, AND 210 OF THE SAID ACT OF JUNE 30, 1932, PROVIDE:

SEC. 207. SECTION 3 OF THE SUBSISTENCE EXPENSE ACT OF 1926, APPROVED JUNE 3, 1926, (44 STAT. 688, 689), IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 3. CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS, WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SHALL BE ALLOWED, IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS AND STEWARDS, A PER DIEM ALLOWANCE TO BE PRESCRIBED BY THE HEAD OF THE DEPARTMENTS OR ESTABLISHMENTS CONCERNED, NOT TO EXCEED THE RATE OF $5 WITHIN THE LIMITS OF CONTINENTAL UNITED STATES, AND NOT TO EXCEED AN AVERAGE OF $6 BEYOND THE LIMITS OF CONTINENTAL UNITED STATES.'

SEC. 208. SECTIONS 4, 5, AND 6 OF THE SAID SUBSISTENCE EXPENSE ACT OF 1926 ARE HEREBY REPEALED, AND SECTION 7 THEREOF IS HEREBY AMENDED BY STRIKING OUT THE REFERENCE THEREIN TO ACTUAL EXPENSES SO THAT THE SECTION, AS AMENDED, WILL READ AS FOLLOWS:

"SEC. 7. THE FIXING AND PAYMENT, UNDER SECTION 3, OF PER DIEM ALLOWANCE, OR PORTIONS THEREOF, SHALL BE IN ACCORDANCE WITH REGULATIONS WHICH SHALL BE PROMULGATED BY THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS AND WHICH SHALL BE STANDARDIZED AS FAR AS PRACTICABLE AND SHALL NOT BE EFFECTIVE UNTIL APPROVED BY THE PRESIDENT OF THE UNITED STATES.'

SEC. 210. THE PROVISIONS OF ALL ACTS HERETOFORE ENACTED INCONSISTENT WITH SECTIONS 207, 208, AND 209 ARE, TO THE EXTENT OF SUCH INCONSISTENCY, HEREBY REPEALED, AND SUCH SECTIONS SHALL TAKE EFFECT ON JULY 1, 1932.

IN THE DECISION TO YOU OF FEBRUARY 1, 1932, 11 COMP. GEN. 295, IT WAS HELD THAT THE MAXIMUM LIMITATION UPON ACTUAL EXPENSES OF SUBSISTENCE FIXED BY THE SUBSISTENCE ACT OF 1926, WAS APPLICABLE TO ACTUAL EXPENSES PRESCRIBED FOR EMPLOYEES TRAVELING AS WITNESSES UNDER SECTION 850, REVISED STATUTES. THE SECTIONS OF THE ACT OF JUNE 30, 1932, QUOTED ABOVE, WERE ENACTED FOR THE PURPOSE OF STANDARDIZING SUBSISTENCE ALLOWANCES OF ALL GOVERNMENT EMPLOYEES AND MINIMIZING THE ACCOUNTING REQUIREMENTS IN CONNECTION THEREWITH. SECTION 210 SPECIFICALLY REPEALS ALL ACTS INCONSISTENT WITH THE PROVISIONS OF SECTION 207 OR 208. AND IN VIEW OF THE INTENT AND PURPOSE OF THE SAID SECTIONS 207 AND 208, THEY WILL BE HELD TO SUPERSEDE, TO THE EXTENT OF ANY INCONSISTENCY, ALL INCONSISTENT PROVISIONS IN STATUTES PREVIOUSLY ENACTED AND ALL SPECIAL PROVISIONS FOR SUBSISTENCE EXPENSES APPEARING IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1933, EVEN THOUGH ENACTED SUBSEQUENTLY TO JUNE 30, 1932, 10 COMP. GEN. 409. ACCORDINGLY, ALL EMPLOYEES TRAVELING AS WITNESSES UNDER SECTION 850, REVISED STATUTES, ON AND AFTER JULY 1, 1932, MAY BE REIMBURSED ONLY UPON A PER DIEM BASIS OF NOT TO EXCEED $5 IN ACCORDANCE WITH THE ECONOMY ACT.