A-13500, APRIL 2, 1926, 5 COMP. GEN. 786

A-13500: Apr 2, 1926

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" IS AUTHORITY FOR THE REIMBURSEMENT OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE REGARDLESS OF THE LIMITATIONS IMPOSED BY ANY OTHER ACT. IT IS NOT AUTHORITY FOR THE AUTHORIZATION OF A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE IN EXCESS OF THE LIMITATIONS PRESCRIBED BY THE ACT OF APRIL 6. 1926: I HAVE YOUR LETTER OF MARCH 12. 000 FOR THE "REVISION OF CHINESE CUSTOMS TARIFF" AFTER THE WORDS "SUBSISTENCE EXPENSES" IT IS STATED (NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT). THE DEPARTMENT WILL APPRECIATE AN EARLY OPINION FROM YOU AS TO WHETHER THE STATEMENT "NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT" PRECLUDES THE PAYMENT OF A PER DIEM ALLOWANCE AS MAY BE PRESCRIBED BY THE SECRETARY OF STATE.

A-13500, APRIL 2, 1926, 5 COMP. GEN. 786

SUBSISTENCE, PER DIEM IN LIEU OF - STATE DEPARTMENT WHILE THE PROVISION CONTAINED IN THE STATE DEPARTMENT APPROPRIATIONS, ACT OF MARCH 3, 1926, 44 STAT. 179, FOR THE PAYMENT OF SUBSISTENCE, EXPENSES "NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT," IS AUTHORITY FOR THE REIMBURSEMENT OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE REGARDLESS OF THE LIMITATIONS IMPOSED BY ANY OTHER ACT, IT IS NOT AUTHORITY FOR THE AUTHORIZATION OF A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE IN EXCESS OF THE LIMITATIONS PRESCRIBED BY THE ACT OF APRIL 6, 1914, 38 STAT. 318, OR WITH RESPECT TO FOREIGN-SERVICE OFFICERS BY THE ACT OF MAY 24, 1924, 43 STAT. 143.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, APRIL 2, 1926:

I HAVE YOUR LETTER OF MARCH 12, 1926, SUBMITTING FOR DECISION A QUESTION STATED THEREIN AS FOLLOWS:

WITH REFERENCE TO THE "FIRST DEFICIENCY ACT, FISCAL YEAR 1926," APPROVED MARCH 3, 1926, IN WHICH THE SUM OF $50,000 HAS BEEN APPROPRIATED FOR THE "PREPARATORY COMMISSION ON ARMAMENTS" AND $25,000 FOR THE "REVISION OF CHINESE CUSTOMS TARIFF" AFTER THE WORDS "SUBSISTENCE EXPENSES" IT IS STATED (NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT), THE DEPARTMENT WILL APPRECIATE AN EARLY OPINION FROM YOU AS TO WHETHER THE STATEMENT "NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT" PRECLUDES THE PAYMENT OF A PER DIEM ALLOWANCE AS MAY BE PRESCRIBED BY THE SECRETARY OF STATE, IN LIEU OF ACTUAL EXPENSES OF SUBSISTENCE.

THE APPROPRIATIONS IN QUESTION AS THEY APPEAR IN THE ACT OF MARCH 3, 1926, 44 STAT. 179, PROVIDE AS FOLLOWS:

PREPARATORY COMMISSION ON ARMAMENTS: FOR THE EXPENSES OF PARTICIPATION BY THE UNITED STATES AS THE PRESIDENT MAY, IN HIS DISCRETION, DETERMINE, IN THE WORK OF THE PREPARATORY COMMISSION, WHICH IS TO MEET AT GENEVA, SWITZERLAND, IN 1926, FOR THE PURPOSE OF MAKING PRELIMINARY STUDIES AND PREPARATIONS FOR A CONFERENCE ON THE REDUCTION AND LIMITATION OF ARMAMENTS; AND FOR EACH AND EVERY PURPOSE CONNECTED THEREWITH, INCLUDING COMPENSATION OF EMPLOYEES, TRAVEL, SUBSISTENCE EXPENSES (NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT); AND SUCH OTHER EXPENSES AS THE PRESIDENT SHALL DEEM PROPER, TO BE EXPENDED UNDER THE DIRECTION OF THE SECRETARY OF STATE, TO REMAIN AVAILABLE UNTIL JUNE 30, 1927, $50,000.

REVISION OF CHINESE CUSTOMS TARIFF: TO ENABLE THE UNITED STATES GOVERNMENT TO CARRY OUT ITS OBLIGATIONS ARISING UNDER THE TREATY RELATING TO THE CHINESE CUSTOMS TARIFF SIGNED FEBRUARY 6, 1922, INCLUDING THE COMPENSATION OF DELEGATES OR OTHER REPRESENTATIVES, CLERKS, AND EMPLOYEES, RENT OF OFFICES, EXPENSES OF TRANSPORTATION AND SUBSISTENCE (NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT), STATIONERY AND SUPPLIES, TELEGRAPH, AND SUCH OTHER OBJECTS AS THE PRESIDENT MAY DEEM NECESSARY, TO BE DISBURSED UNDER THE DIRECTION OF THE SECRETARY OF STATE, FISCAL YEAR 1926, $25,000.

IT WAS PROVIDED BY THE ACT OF APRIL 6, 1914, 38 STAT. 318, THAT---

ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND FOURTEEN, UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW NO OFFICER OR EMPLOYEE OF THE UNITED STATES SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY OUTSIDE OF THE DISTRICT OF COLUMBIA AND AWAY FROM HIS DESIGNATED POST OF DUTY NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $5 PER DAY * * *

WITH RESPECT TO FOREIGN-SERVICE OFFICERS, SECTION 14 OF THE FOREIGN SERVICE ACT OF MAY 24, 1924, 43 STAT. 143, PROVIDES---

* * * ANY FOREIGN SERVICE OFFICER OF WHATEVER CLASS DETAILED FOR SPECIAL DUTY NOT AT HIS POST OR IN THE DEPARTMENT OF STATE SHALL BE PAID HIS ACTUAL AND NECESSARY EXPENSES FOR TRAVEL AND NOT EXCEEDING AN AVERAGE OF $8 PER DAY FOR SUBSISTENCE DURING SUCH SPECIAL DETAIL: PROVIDED, THAT SUCH SPECIAL DUTY SHALL NOT CONTINUE FOR MORE THAN SIXTY DAYS, UNLESS IN THE CASE OF TRADE CONFERENCES OR INTERNATIONAL GATHERINGS, CONGRESSES, OR CONFERENCES, WHEN SUCH SUBSISTENCE EXPENSES SHALL RUN ONLY DURING THE PERIOD THEREOF AND THE NECESSARY PERIOD OF TRANSIT TO AND FROM THE PLACE OF GATHERING: PROVIDED FURTHER, THAT THE SECRETARY OF STATE IS AUTHORIZED TO PRESCRIBE THE PER DIEM ALLOWANCE NOT EXCEEDING $6 IN LIEU OF SUBSISTENCE FOR FOREIGN SERVICE OFFICERS ON SPECIAL DUTY OR FOREIGN SERVICE INSPECTORS.

IN THE TWO APPROPRIATIONS NOW UNDER CONSIDERATION THE LANGUAGE AS USED DOES NOT PROVIDE SPECIFICALLY FOR PER DIEM ALLOWANCE IN LIEU OF THE SUBSISTENCE EXPENSES THEREIN AUTHORIZED. THEREFORE, IT MUST BE HELD THAT WHILE REIMBURSEMENT MAY BE MADE FOR EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE REGARDLESS OF THE LIMITATIONS IMPOSED BY THE ACTS OF APRIL 6, 1914, AND MAY 24, 1924, SUPRA, PER DIEM IN LIEU THEREOF IS NOT AUTHORIZED EXCEPT UNDER AND SUBJECT TO THE LIMITATIONS OF THE ACT OF AUGUST 1, 1914, 38 STAT. 680, OR, WITH RESPECT TO FOREIGN-SERVICE OFFICERS, THE LAST PROVISO OF SECTION 14 OF THE ACT OF MAY 24, 1924, 43 STAT. 143.