A-15896, DECEMBER 9, 1926, 6 COMP. GEN. 392

A-15896: Dec 9, 1926

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IS SUPERSEDED BY THE SUBSISTENCE EXPENSE ACT DATED JUNE 3. ONLY SO FAR AS ADVANCES OF SUBSISTENCE EXPENSES ARE CONCERNED. 1926: I HAVE YOUR REQUEST OF NOVEMBER 18. OTHERS AS SHALL HAVE GIVEN BONDS IN SUCH SUMS AS THE SECRETARY OF AGRICULTURE SHALL DIRECT. MAY ADVANCE THROUGH THE PROPER DISBURSING OFFICERS FROM APPLICABLE APPROPRIATIONS TO ANY PERSON ENTITLED TO ACTUAL EXPENSES OR PER DIEM ALLOWANCE UNDER THIS ACT SUCH SUMS AS MAY BE DEEMED ADVISABLE CONSIDERING THE CHARACTER AND PROBABLE DURATION OF THE TRAVEL TO BE PERFORMED. * * * SECTION 9 OF THE SAME STATUTE REPEALS ALL LAWS OR PARTS OF LAWS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE ACT. IS STILL IN FORCE AND SUCH ADVANCES ARE AUTHORIZED IN ACCORDANCE WITH THE REGULATIONS.

A-15896, DECEMBER 9, 1926, 6 COMP. GEN. 392

SUBSISTENCE AND NONSUBSISTENCE EXPENSES - ADVANCE OF PUBLIC MONEYS - BOND FOR ADVANCES THE ACT OF JUNE 3, 1902, 32 STAT. 303, AUTHORIZING THE ADVANCE OF FUNDS UNDER THE DEPARTMENT OF AGRICULTURE TO CERTAIN DESIGNATED OFFICIAL TRAVELERS FOR SUBSISTENCE AND NONSUBSISTENCE EXPENSES, IS SUPERSEDED BY THE SUBSISTENCE EXPENSE ACT DATED JUNE 3, 1926, 44 STAT. 688, ONLY SO FAR AS ADVANCES OF SUBSISTENCE EXPENSES ARE CONCERNED, LEAVING IN FORCE THE EARLIER STATUTE AS TO NONSUBSISTENCE EXPENSES. THE BOND FOR ADVANCES APPROVED BY THE SECRETARY OF THE TREASURY UNDER THE LATER STATUTE MAY BE ADOPTED BY THE SECRETARY OF AGRICULTURE FOR ADVANCES MADE TO THE SAME PERSON UNDER BOTH STATUTES, WITH PROPER NOTATIONS THEREON AND ON THE ACCOUNTING FORM.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, DECEMBER 9, 1926:

I HAVE YOUR REQUEST OF NOVEMBER 18, 1926, TO BE ADVISED WITH RESPECT TO THE ACT OF JUNE 3, 1902, 32 STAT. 303, AND THE ACT OF JUNE 3, 1926, 44 STAT. 688, RESPECTING ADVANCES OF FUNDS TO EMPLOYEES UNDER THE DEPARTMENT OF AGRICULTURE. THE ACT OF 1902 CITED, PROVIDES AS FOLLOWS:

* * * THAT ADVANCES OF PUBLIC MONEY FROM THE APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE SHALL BE MADE BY THE SECRETARY OF AGRICULTURE ONLY TO SUCH CHIEFS OF FIELD PARTIES, AGRICULTURAL EXPLORERS, SPECIAL AGENTS, AND OTHERS AS SHALL HAVE GIVEN BONDS IN SUCH SUMS AS THE SECRETARY OF AGRICULTURE SHALL DIRECT.

SECTION 8 OF THE SUBSISTENCE EXPENSE ACT OF 1926, DATED JUNE 3, 1926, 44 STAT. 689, PROVIDES IN PART AS FOLLOWS:

THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS, UNDER REGULATIONS WHICH SHALL BE PRESCRIBED BY THE SECRETARY OF THE TREASURY FOR THE PROTECTION OF THE UNITED STATES, MAY ADVANCE THROUGH THE PROPER DISBURSING OFFICERS FROM APPLICABLE APPROPRIATIONS TO ANY PERSON ENTITLED TO ACTUAL EXPENSES OR PER DIEM ALLOWANCE UNDER THIS ACT SUCH SUMS AS MAY BE DEEMED ADVISABLE CONSIDERING THE CHARACTER AND PROBABLE DURATION OF THE TRAVEL TO BE PERFORMED. * * *

SECTION 9 OF THE SAME STATUTE REPEALS ALL LAWS OR PARTS OF LAWS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE ACT.

ACCORDINGLY, AS TO ADVANCES OF FUNDS TO OFFICIAL TRAVELERS UNDER THE DEPARTMENT OF AGRICULTURE FOR ACTUAL EXPENSES OF SUBSISTENCE OR PER DIEM IN LIEU OF SUBSISTENCE, THE SUBSISTENCE EXPENSE ACT OF 1926 SUPERSEDES THE ACT OF JUNE 3, 1902, AND THE ADVANCES BY THE AGRICULTURE DEPARTMENT SHOULD BE MADE UNDER THE REGULATIONS, INCLUDING THE BOND, PRESCRIBED BY THE SECRETARY OF THE TREASURY. AS TO ADVANCES FOR EXPENSES OTHER THAN SUBSISTENCE TO THE PERSONS ENUMERATED, THE ACT OF JUNE 3, 1902, IS STILL IN FORCE AND SUCH ADVANCES ARE AUTHORIZED IN ACCORDANCE WITH THE REGULATIONS, INCLUDING THE BOND, PRESCRIBED BY THE SECRETARY OF AGRICULTURE. AS TO THIS LATTER CLASS, THE SECRETARY OF AGRICULTURE COULD, UNDER AUTHORITY OF THE 1902 STATUTE, IF IT WAS FOUND TO BE THE MORE PRACTICABLE AND WORKABLE, COMBINE THE BOND REQUIRED FOR ADVANCE OF NONSUBSISTENCE EXPENSES WITH THAT PRESCRIBED BY THE SECRETARY OF THE TREASURY FOR ADVANCES FOR SUBSISTENCE EXPENSES UNDER THE 1926 STATUTE.

ACCORDINGLY, THERE WOULD BE NO LEGAL OBJECTION TO THE PLAN PROPOSED BY THE SECRETARY OF AGRICULTURE. IT IS NOT DEEMED NECESSARY TO CHANGE THE PRINTED FORM OF THE BOND THAT HAS BEEN ADOPTED UNDER THE SUBSISTENCE EXPENSE ACT OF 1926, BUT NOTATION IN TYPEWRITING OR RUBBER STAMP MAY BE MADE ON THAT FORM IN PROPER CASES, MAKING THE BOND APPLICABLE TO ADVANCES OF NONSUBSISTENCE EXPENSES UNDER THE ACT OF JUNE 3, 1902, AND A SIMILAR NOTATION SHOULD BE MADE ON THE ACCOUNTING FORM FOR THE ADVANCES SUBMITTED TO THIS OFFICE FOR AUDIT.