A-10163, JUNE 26, 1925, 4 COMP. GEN. 1066

A-10163: Jun 26, 1925

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ARE ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES NOT TO EXCEED $6 PER DAY. THEY ARE NOT ENTITLED TO A PER DIEM IN LIEU THEREOF. DOES NOT APPLY TO SPECIAL ASSISTANTS TO THE ATTORNEY GENERAL WHOSE OFFICIAL HEADQUARTERS ARE AT PLACES OTHER THAN WASHINGTON. WILL NOT BE DISTURBED. 4 COMP. 1925: I HAVE YOUR LETTER OF JUNE 17. TO THE EFFECT THAT A PER DIEM IN LIEU OF SUBSISTENCE IS NOT AUTHORIZED IN CASES IN WHICH SECTION 370. REQUESTING DECISION WHETHER SAID RULING "APPLIES TO SPECIAL ASSISTANTS TO THE ATTORNEY GENERAL WHOSE OFFICIAL HEADQUARTERS ARE AT PLACES OTHER THAN WASHINGTON. FOR THE REASON THAT "A LARGE NUMBER OF EXPENSE ACCOUNTS FOR THE MONTH OF MAY HAVE BEEN RECEIVED AND ARE NOW IN PROCESS OF AUDIT IN WHICH PER DIEMS IN LIEU OF SUBSISTENCE HAVE BEEN CHARGED UNDER THE REGULATIONS WHICH HAVE HERETOFORE BEEN IN FORCE.'.

A-10163, JUNE 26, 1925, 4 COMP. GEN. 1066

TRAVELING EXPENSES OF OFFICIALS OF THE DEPARTMENT OF JUSTICE THE DECISION OF JUNE 4, 1925, 4 COMP. GEN. 1013, TO THE EFFECT THAT THE SOLICITOR GENERAL AND OTHER OFFICIALS OF THE DEPARTMENT OF JUSTICE, WHEN SENT BY THE ATTORNEY GENERAL TO ATTEND TO ANY INTEREST OF THE UNITED STATES, ARE ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES NOT TO EXCEED $6 PER DAY, BUT THEY ARE NOT ENTITLED TO A PER DIEM IN LIEU THEREOF, DOES NOT APPLY TO SPECIAL ASSISTANTS TO THE ATTORNEY GENERAL WHOSE OFFICIAL HEADQUARTERS ARE AT PLACES OTHER THAN WASHINGTON, D.C. PAYMENTS OF A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $4 FOR TRAVEL PERFORMED PRIOR TO JUNE 15, 1925, TO THE OFFICERS WITHIN THE PURVIEW OF THE DECISION OF JUNE 4, 1925, IF MADE IN ACCORDANCE WITH THE TRAVEL ORDERS AND REGULATIONS IN FORCE AT THAT TIME, WILL NOT BE DISTURBED. 4 COMP. GEN. 1013, MODIFIED.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JUNE 26, 1925:

I HAVE YOUR LETTER OF JUNE 17, 1925, REFERRING TO DECISION OF JUNE 4, 1925, 4 COMP. GEN. 1013, TO THE EFFECT THAT A PER DIEM IN LIEU OF SUBSISTENCE IS NOT AUTHORIZED IN CASES IN WHICH SECTION 370, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 4, 1923, 42 STAT. 1503, PROVIDES FOR REIMBURSEMENT OF ACTUAL EXPENSES INCURRED FOR SUBSISTENCE, NOT TO EXCEED $6 PER DAY, AND REQUESTING DECISION WHETHER SAID RULING "APPLIES TO SPECIAL ASSISTANTS TO THE ATTORNEY GENERAL WHOSE OFFICIAL HEADQUARTERS ARE AT PLACES OTHER THAN WASHINGTON, D.C.' YOU ALSO REQUEST THAT THE DECISION OF JUNE 4, 1925, BE MADE EFFECTIVE JULY 1, 1925, FOR THE REASON THAT "A LARGE NUMBER OF EXPENSE ACCOUNTS FOR THE MONTH OF MAY HAVE BEEN RECEIVED AND ARE NOW IN PROCESS OF AUDIT IN WHICH PER DIEMS IN LIEU OF SUBSISTENCE HAVE BEEN CHARGED UNDER THE REGULATIONS WHICH HAVE HERETOFORE BEEN IN FORCE.'

IN REPLY YOU ARE ADVISED THAT SECTION 370, REVISED STATUTES, AS AMENDED, SPECIFICALLY INCLUDES ,A SPECIAL ASSISTANT TO THE ATTORNEY GENERAL" ALONG WITH "ANY OTHER OFFICER OF THE DEPARTMENT OF JUSTICE; " BUT CONSIDERING THE FACT THAT THE ALLOWANCE THEREIN AUTHORIZED IS LIMITED TO CASES IN WHICH THE OFFICER "IS SENT BY THE ATTORNEY GENERAL TO ANY STATE, DISTRICT, TERRITORY, OR COUNTRY TO ATTEND TO ANY INTEREST OF THE UNITED STATES," AND THE STIPULATION FOR THE ALLOWANCE PRESCRIBED ONLY "WHILE ABSENT FROM THE SEAT OF GOVERNMENT," IT WOULD SEEM TO BE CLEAR THAT THE PROVISION WAS NOT INTENDED TO APPLY TO SPECIAL ASSISTANTS TO THE ATTORNEY GENERAL HAVING OFFICIAL HEADQUARTERS OR DESIGNATED POST OF DUTY OTHER THAN AT WASHINGTON, D.C., WHEN ORDERED TO PERFORM TRAVEL IN CONNECTION WITH THEIR REGULAR DUTIES. THE QUESTION SUBMITTED IS ANSWERED ACCORDINGLY.

WITH REFERENCE TO THE REQUEST THAT THE DECISION OF JUNE 4, 1925, BE MADE EFFECTIVE JULY 1, 1925, IT IS ASSUMED THAT IMMEDIATELY UPON RECEIPT OF SAID DECISION NOTICE OF THE EFFECT THEREOF WAS COMMUNICATED TO THE TRAVELERS AFFECTED THEREBY, AND EXPENSE ACCOUNTS THEREAFTER RENDERED SHOULD BE MADE TO CONFORM THEREWITH, ACCORDINGLY I HAVE TO ADVISE THAT SAID DECISION WILL NOT BE APPLIED TO REQUIRE THE DISALLOWANCE OF CREDIT FOR PAYMENTS OF A PER DIEM OF NOT TO EXCEED $4 IN LIEU OF SUBSISTENCE IN CASES IN WHICH THE TRAVEL WAS PERFORMED PRIOR TO JUNE 15, 1925, IF THE PAYMENT OF THE PER DIEM WAS IN ACCORDANCE WITH THE TRAVEL ORDERS AND THE REGULATIONS IN FORCE AT THE TIME.