A-19255, JULY 27, 1927, 7 COMP. GEN. 81

A-19255: Jul 27, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE PROVISION IN QUESTION IS WORDED AS FOLLOWS: * * * PROVIDED. IN WHICH THE PROVISION IN QUESTION IS FOUND. WAS PASSED SUBSEQUENTLY TO THE SUBSISTENCE EXPENSE ACT OF 1926. THERE IS NO QUESTION OF THE REPEAL OF THE LATER ACT BY THE SUBSISTENCE EXPENSE ACT BUT. SO FAR AS ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE ARE CONCERNED. REIMBURSEMENT IN AN AMOUNT NOT EXCEEDING $8 PER DAY IRRESPECTIVE OF WHETHER THE OFFICIAL TRAVEL OF THE COMMISSIONER OR ENGINEER IS IN THIS COUNTRY OR ELSEWHERE. THE MAXIMUM RATES OF PER DIEM IN LIEU OF SUBSISTENCE PRESCRIBED BY THE SUBSISTENCE EXPENSE ACT OF 1926 ARE THE MAXIMUM AMOUNTS WHICH MAY BE PAID SUCH OFFICERS WHEN ON A PER DIEM BASIS. THAT IS.

A-19255, JULY 27, 1927, 7 COMP. GEN. 81

SUBSISTENCE, PER DIEM IN LIEU OF - INTERNATIONAL BOUNDARY COMMISSION THE PROVISION IN THE APPROPRIATION ACT OF FEBRUARY 24, 1927, 44 STAT. 1185, ALLOWING THE COMMISSIONER OR THE ENGINEER OF THE INTERNATIONAL BOUNDARY COMMISSION, WHEN ABSENT FROM WASHINGTON OR THEIR REGULAR PLACE OF RESIDENCE ON OFFICIAL BUSINESS,"ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE NOT TO EXCEED $8 PER DAY EACH" EXCEPTS THEM FROM THE LIMITATIONS OF THE SUBSISTENCE EXPENSE ACT OF 1926 ONLY AS TO ACTUAL AND NECESSARY EXPENSES, AND DOES NOT AUTHORIZE A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE IN EXCESS OF THAT PRESCRIBED BY THE SUBSISTENCE EXPENSE ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JULY 27, 1927:

THERE HAS BEEN RECEIVED, PRESUMABLY BY YOUR DIRECTION, REQUEST OF THE INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES, ALASKA, AND CANADA, FOR DECISION WHETHER THE PROVISION IN THE ACT OF FEBRUARY 24, 1927, 44 STAT. 1185, WITH RESPECT TO THE ALLOWANCE OF SUBSISTENCE EXPENSES TO THE COMMISSIONER AND THE ENGINEER EXCEPTED SUCH OFFICERS FROM THE RESTRICTIONS OF THE SUBSISTENCE EXPENSE ACT OF 1926 AND WHERE IT PERMITTED THE PAYMENT TO THEM OF $7 PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE. THE PROVISION IN QUESTION IS WORDED AS FOLLOWS:

* * * PROVIDED, THAT WHEN THE COMMISSIONER, OR THE ENGINEER TO THE COMMISSIONER, SHALL BE ABSENT FROM WASHINGTON OR THEIR REGULAR PLACE OF RESIDENCE ON OFFICIAL BUSINESS THEY SHALL BE ALLOWED ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE NOT TO EXCEED $8 PER DAY EACH.

THE SUBSISTENCE EXPENSE ACT OF 1926, APPROVED JUNE 3, 1926, 44 STAT. 688, ESTABLISHES THE MAXIMUM AMOUNT WHICH MAY BE REIMBURSED TO EMPLOYEES AS SUBSISTENCE EXPENSES AT NOT TO EXCEED $7 PER DAY FOR ACTUAL AND NECESSARY EXPENSES WITHIN CONTINENTAL UNITED STATES BUT PERMITS A PER DIEM ALLOWANCE TO BE PRESCRIBED NOT TO EXCEED $6 PER DAY. SECTION 9 OF SAID ACT DECLARES A REPEAL OR MODIFICATION OF ANY INCONSISTENT LAWS "EXCEPT SUCH LAWS OR PARTS OF LAW AS SPECIALLY FIX OR NOW PERMIT RATES HIGHER THAN THE MAXIMUM RATES ESTABLISHED IN THIS ACT.' AS THE ACT OF FEBRUARY 24, 1927, IN WHICH THE PROVISION IN QUESTION IS FOUND, WAS PASSED SUBSEQUENTLY TO THE SUBSISTENCE EXPENSE ACT OF 1926, THERE IS NO QUESTION OF THE REPEAL OF THE LATER ACT BY THE SUBSISTENCE EXPENSE ACT BUT, ON THE CONTRARY, THE PROVISION IN THE ACT OF FEBRUARY 24, 1927, SUPRA, CONSTITUTES AN AMENDMENT OR MODIFICATION OF THE SUBSISTENCE EXPENSE ACT AND PERMITS, SO FAR AS ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE ARE CONCERNED, REIMBURSEMENT IN AN AMOUNT NOT EXCEEDING $8 PER DAY IRRESPECTIVE OF WHETHER THE OFFICIAL TRAVEL OF THE COMMISSIONER OR ENGINEER IS IN THIS COUNTRY OR ELSEWHERE. AS SAID ACT MAKES NO CHANGE IN THE PER DIEM RATES OF SUBSISTENCE, THE MAXIMUM RATES OF PER DIEM IN LIEU OF SUBSISTENCE PRESCRIBED BY THE SUBSISTENCE EXPENSE ACT OF 1926 ARE THE MAXIMUM AMOUNTS WHICH MAY BE PAID SUCH OFFICERS WHEN ON A PER DIEM BASIS; THAT IS, $6 PER DIEM WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES OR $7 PER DIEM WHEN TRAVELING OUTSIDE OF THE UNITED STATES. 5 COMP. GEN. 786.