A-13892, APRIL 15, 1926, 5 COMP. GEN. 826

A-13892: Apr 15, 1926

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ACTUAL EXPENSES OR PER DIEM IN LIEU OF - NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION IS AUTHORIZED BY JOINT RESOLUTION OF MARCH 15. WILL CERTIFY. THAT SUCH INCREASES IN SAID ALLOWANCES ARE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN THE EXPOSITION AT PHILADELPHIA. 1926: I HAVE YOUR LETTER OF APRIL 8. PROVIDES IN PART AS FOLLOWS: "THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED. ON THE CERTIFICATE OF THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION THAT THE MATERIALS OR SERVICES WERE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN SAID EXPOSITION.'. THE COMMISSION BELIEVES THAT IT IS AUTHORIZED.

A-13892, APRIL 15, 1926, 5 COMP. GEN. 826

SUBSISTENCE, ACTUAL EXPENSES OR PER DIEM IN LIEU OF - NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION IS AUTHORIZED BY JOINT RESOLUTION OF MARCH 15, 1926, 44 STAT. 207, IN THE EXPENDITURE OF ITS APPROPRIATION TO PRESCRIBE MAXIMUM SUBSISTENCE ALLOWANCES, OR A PER DIEM IN LIEU THEREOF, IN EXCESS OF THE AMOUNTS FIXED IN THE ACTS OF APRIL 6, 1914, 38 STAT. 318, AND AUGUST 1, 1914, 38 STAT. 680, IF THE COMMISSION FINDS, AND WILL CERTIFY, THAT SUCH INCREASES IN SAID ALLOWANCES ARE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN THE EXPOSITION AT PHILADELPHIA, PA.

COMPTROLLER GENERAL MCCARL TO THE COMMISSIONER, NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION, APRIL 15, 1926:

I HAVE YOUR LETTER OF APRIL 8, 1926, AS FOLLOWS:

I DESIRE TO SUBMIT FOR YOUR DECISION A QUESTION OF THE INTERPRETATION OF CERTAIN LAWS RELATIVE TO THE EXPENDITURE OF FUNDS BY THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION AS FOLLOWS:

THE "FIRST DEFICIENCY ACT, FISCAL YEAR 1926" (PUBLIC 36, P. 37, APPROVED MARCH 3, 1926), IN SECTION 4 PROVIDES AS FOLLOWS:

"FOR CARRYING OUT THE PUBLIC RESOLUTION OF THE SIXTY-NINTH CONGRESS ENTITLED "JOINT RESOLUTION PROVIDING FOR THE PARTICIPATION OF THE UNITED STATES IN THE SESQUICENTENNIAL CELEBRATION IN THE CITY OF PHILADELPHIA, PENNSYLVANIA, AND AUTHORIZING AN APPROPRIATION THEREFOR, AND FOR OTHER PURPOSES," AS FOLLOWS: FOR THE EXHIBIT AND PARTICIPATION BY THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT AND SUCH OTHER EXPENDITURES AS MAY BE DEEMED NECESSARY BY THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION, INCLUDING SALARIES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, ACTUAL AND NECESSARY TRAVELING EXPENSES, RENT, AND ALL OTHER EXPENDITURES AUTHORIZED BY SECTION 1; COMPENSATION OF THE COMMISSIONER OF SESQUICENTENNIAL EXPOSITION AS AUTHORIZED BY SECTION 3; $1,186,500, OF WHICH NOT MORE THAN $250,000 SHALL BE ALLOCATED TO THE WAR DEPARTMENT AND NOT MORE THAN $350,000 TO THE NAVY DEPARTMENT, AS AUTHORIZED BY SECTION 1; FOR THE FURTHER PARTICIPATION BY THE GOVERNMENT FOR THE CONSTRUCTION OF BUILDINGS AS AUTHORIZED BY SECTION 2, $1,000,000; IN ALL, $2,186,500, TO REMAIN AVAILABLE DURING THE FISCAL YEAR 1927.'

"PUBLIC RESOLUTION NO. 7, SIXTY-NINTH CONGRESS" (APPROVED FEBRUARY 26, 1926), PROVIDES IN PART AS FOLLOWS:

"THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, THE SUM OF $1,186,500 FOR THE SELECTION, PURCHASE, PREPARATION, TRANSPORTATION, ARRANGEMENT, SAFE KEEPING, EXHIBITION, AND RETURN OF SUCH ARTICLES AND MATERIALS AS THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION MAY DECIDE SHALL BE INCLUDED IN SAID GOVERNMENT EXHIBIT; RENT AND USE OF SUCH SPACE AND CONSTRUCTION OF SUCH BUILDINGS, OR OTHER STRUCTURES AS MAY BE NECESSARY; PAYMENT OF SALARIES AND ACTUAL AND NECESSARY TRAVELING EXPENSES OF OFFICERS AND EMPLOYEES OF THE GOVERNMENT DETAILED TO SUCH COMMISSION; FOR SUCH FURTHER PARTICIPATION BY THE SEVERAL EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS AS MAY BE DEEMED ADVISABLE; AND SUCH OTHER EXPENDITURES AS MAY BE DEEMED NECESSARY BY THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION AS MAY BE CONSIDERED PROPER TO COMMEMORATE THE ONE HUNDRED AND FIFTIETH ANNIVERSARY OF THE BIRTH OF THE NATION.'

"PUBLIC RESOLUTION NO. 8, SIXTY-NINTH CONGRESS (H.J. 197)" (APPROVED MARCH 15, 1926), PROVIDES IN PART AS FOLLOWS:

"THAT THE APPROPRIATION MADE IN THE FIRST DEFICIENCY ACT, FISCAL YEAR 1926, TO ENABLE THE GOVERNMENT OF THE UNITED STATES TO PARTICIPATE IN THE NATIONAL SESQUICENTENNIAL EXPOSITION MAY BE EXPENDED FOR THE PURPOSES ENUMERATED IN THAT ACT WITHOUT REGARD TO THE PROVISIONS OF ANY OTHER ACT RELATING TO THE EXPENDITURE OF PUBLIC MONEYS OR THE EMPLOYMENT OF PERSONAL SERVICES, ON THE CERTIFICATE OF THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION THAT THE MATERIALS OR SERVICES WERE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN SAID EXPOSITION.'

THE COMMISSION BELIEVES THAT IT IS AUTHORIZED, IN VIEW OF THE LANGUAGE OF THE LAW AS EXPRESSED IN H.J. RES. 197, TO PAY A PER DIEM ALLOWANCE OR SUBSISTENCE, AS MAY APPEAR NECESSARY, TO BE PRESCRIBED BY THE COMMISSION, WITHOUT REGARD TO THE PROVISIONS OF THE ACT OF APRIL 6, 1914, 38 STAT. 318, OR OF THE ACT OF AUGUST 1, 1914, 38 STAT. 680, OR OF "ANY OTHER ACT RELATING TO THE EXPENDITURE OF PUBLIC MONEYS OR THE EMPLOYMENT OF PERSONAL SERVICES.'

WHILE THE MEANING AND INTENT OF THE LAW MUST GOVERN, IT SEEMS PROPER TO STATE THAT IT IS DESIRED TO MAKE A REASONABLE INCREASE OF THE PER DIEM AND SUBSISTENCE ALLOWANCES, OWING TO THE FACT THAT THE COST OF SUBSISTENCE IN PHILADELPHIA DURING THE EXPOSITION WILL BE MORE THAN HAS HERETOFORE BEEN LEGALLY ALLOWABLE, AND IT IS BELIEVED THAT THE PROVISIONS OF H.J. RES. 197 WERE INTENDED TO PROVIDE FOR SUCH CONTINGENCIES AND TO AVOID DELAYS INCIDENT TO COMPLIANCE WITH CERTAIN LAWS AS TO ADVERTISING FOR BIDS, CIVIL SERVICE EMPLOYMENT, ETC.

THEREFORE, AN EARLY EXPRESSION FROM YOU AS TO THE LEGALITY OF THE NATIONAL COMMISSION PRESCRIBING SUCH PER DIEM AND SUBSISTENCE LIMITATIONS AS IT DEEMS REASONABLE AND NECESSARY WILL BE APPRECIATED.

IN REPLY YOU ARE ADVISED THAT THE COMMISSION IS AUTHORIZED, IN THE EXPENDITURE OF THE APPROPRIATION IN QUESTION, TO PRESCRIBE MAXIMUM SUBSISTENCE ALLOWANCES, OR A PER DIEM IN LIEU THEREOF, IN EXCESS OF THE AMOUNTS FIXED IN THE ACTS OF APRIL 6, 1914, AND AUGUST 1, 1914, IF THE COMMISSION FINDS, AND WILL CERTIFY, THAT SUCH INCREASES IN SAID ALLOWANCES ARE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN THE EXPOSITION.