A-19346, SEPTEMBER 7, 1927, 7 COMP. GEN. 189

A-19346: Sep 7, 1927

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TRAVELING EXPENSES - WITNESSES - SECRET SERVICE OPERATIVES SECRET SERVICE OPERATIVES SUMMONED AS WITNESSES ARE ENTITLED TO THEIR ACTUAL AND NECESSARY EXPENSES OF TRAVEL FROM THE PLACE AT WHICH THE SUMMONS IS RECEIVED TO THE PLACE OF HOLDING COURT. SAID APPROPRIATION IS CHARGEABLE AS FOR RETURN TRANSPORTATION ONLY WITH THE AUTHORIZED EXPENSES INCURRED IN GOING TO THE PLACE WHERE THE NEXT DUTY IS TO BE PERFORMED. UNITED STATES COURTS.'" IT IS. IT OCCASIONALLY HAPPENS THAT INVESTIGATIONS UNDER THE JURISDICTION OF THE SECRET SERVICE ARE NECESSARY IN THE VICINITY OF THE COURT TO WHICH THESE OPERATIVES ARE SUBPOENAED OR AT SOME POINT EN ROUTE WHICH IN THE INTERESTS OF ECONOMY AND EFFICIENCY THEY MAKE EITHER GOING TO OR RETURNING FROM COURT.

A-19346, SEPTEMBER 7, 1927, 7 COMP. GEN. 189

TRAVELING EXPENSES - WITNESSES - SECRET SERVICE OPERATIVES SECRET SERVICE OPERATIVES SUMMONED AS WITNESSES ARE ENTITLED TO THEIR ACTUAL AND NECESSARY EXPENSES OF TRAVEL FROM THE PLACE AT WHICH THE SUMMONS IS RECEIVED TO THE PLACE OF HOLDING COURT, AND RETURN, IF THEY ACTUALLY RETURN DIRECTLY TO THAT PLACE, SUCH EXPENSES BEING PAYABLE FROM THE APPROPRIATION "FEES OF WITNESSES.' IF, HOWEVER, INSTEAD OF RETURNING, THEY TRAVEL TO OTHER POINTS FOR THE PERFORMANCE OF DUTY AS OPERATIVES, SAID APPROPRIATION IS CHARGEABLE AS FOR RETURN TRANSPORTATION ONLY WITH THE AUTHORIZED EXPENSES INCURRED IN GOING TO THE PLACE WHERE THE NEXT DUTY IS TO BE PERFORMED, NOT TO EXCEED THE COST OF RETURNING TO THE PLACE FROM WHICH SUBPOENAED, THE EXPENSES INCURRED AFTER RESUMING THEIR REGULAR DUTIES AS OPERATIVES BEING CHARGEABLE TO THE APPROPRIATION "SUPPRESSING COUNTERFEITING AND OTHER CRIMES.'

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 7, 1927:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JULY 21, 1927, AS FOLLOWS:

THE APPROPRIATION FOR "SUPPRESSING COUNTERFEITING AND OTHER CRIMES," WHICH PROVIDES FOR THE SALARY AND EXPENSES OF THE FIELD OPERATIVES OF THE SECRET SERVICE DIVISION, CONTAINS THE FOLLOWING PROVISION:

"* * * PROVIDED, THAT NO PART OF THIS AMOUNT BE USED IN DEFRAYING THE EXPENSES OF ANY PERSON SUBPOENAED BY THE UNITED STATES COURTS TO ATTEND ANY TRIAL BEFORE A UNITED STATES COURT OR PRELIMINARY EXAMINATION BEFORE ANY UNITED STATES COMMISSIONER, WHICH EXPENSES SHALL BE PAID FROM THE APPROPRIATION FOR "FEES OF WITNESSES, UNITED STATES COURTS.'"

IT IS, THEREFORE, CUSTOMARY FOR THE OPERATIVES OF THE SECRET SERVICE TO COLLECT THEIR EXPENSES GOING TO, WHILE IN ATTENDANCE, AND RETURNING FROM COURT FROM THE UNITED STATES MARSHALS.

IT OCCASIONALLY HAPPENS THAT INVESTIGATIONS UNDER THE JURISDICTION OF THE SECRET SERVICE ARE NECESSARY IN THE VICINITY OF THE COURT TO WHICH THESE OPERATIVES ARE SUBPOENAED OR AT SOME POINT EN ROUTE WHICH IN THE INTERESTS OF ECONOMY AND EFFICIENCY THEY MAKE EITHER GOING TO OR RETURNING FROM COURT. IN THESE INSTANCES THE OPERATIVE PRESENTS TO THE MARSHAL AN ACCOUNT CHARGING DIRECT TRANSPORTATION AND EXPENSES FROM HIS HEADQUARTERS TO COURT AND RETURN, RENDERING TO THE SECRET SERVICE DIVISION AN ACCOUNT FOR ALL OF THE EXPENSES INCIDENT TO THE PART OF THE TRIP, EITHER GOING OR RETURNING, DEVOTED TO THE SECRET SERVICE INVESTIGATION, AND CREDITING AGAINST HIS ACTUAL EXPENSE ACCOUNT THE AMOUNT DRAWN FROM THE UNITED STATES MARSHAL FOR THE STRAIGHT TRIP.

FOR EXAMPLE, AN OPERATIVE ATTACHED TO THE KANSAS CITY HEADQUARTERS OF THE SECRET SERVICE IS SUBPOENAED TO COURT AT JOPLIN, MISSOURI, AND WHEN THROUGH AT COURT HE COLLECTS FROM THE UNITED STATES MARSHAL AT JOPLIN HIS TRANSPORTATION, SLEEPER FARE, SUBSISTENCE, AND INCIDENTAL EXPENSES FROM KANSAS CITY TO JOPLIN AND RETURN; BUT HE DOES NOT RETURN DIRECT TO KANSAS CITY AS CERTAIN INVESTIGATIONS IN KANSAS OR MISSOURI CAN BE MADE BY HIM BEFORE RETURNING TO HIS HEADQUARTERS OR EN ROUTE, EFFECTING A SAVING OF TIME AND MONEY THEREBY. HE THEREFORE MAKES THESE INVESTIGATIONS AND CHARGES ALL OF HIS EXPENSES FROM THE TIME HE LEAVES JOPLIN UNTIL HE ARRIVES AT HIS HEADQUARTERS IN KANSAS CITY TO THE SECRET SERVICE DIVISION ENTERING A CREDIT AGAINST THIS IN THE AMOUNT HE RECEIVES FROM THE UNITED STATES MARSHAL AT JOPLIN FOR HIS RETURN EXPENSES TO KANSAS CITY.

OBJECTION HAS BEEN MADE BY SOME UNITED STATES MARSHALS TO THIS PROCEDURE BECAUSE THE OPERATIVE CAN NOT FURNISH HIM WITH THE RECEIPTS FOR PULLMAN FARE TO SUPPORT THE CHARGE RETURNING TO HIS HEADQUARTERS AS REQUIRED BY THE GOVERNMENT TRAVEL REGULATIONS.

THE QUESTION, THEREFORE, IS SUBMITTED TO YOU FOR DETERMINATION IN ORDER THAT THE OPERATIVES OF THE SECRET SERVICE DIVISION MAY BE APPROPRIATELY INSTRUCTED.

THE PARTICULAR CASE TO WHICH YOU REFER HAS BEEN IDENTIFIED AS THAT OF WILLIAM B. CLINE, WHO WAS SUMMONED FROM KANSAS CITY, MO., AND ATTENDED COURT AT JOPLIN, MO., ON JUNE 12 AND 13, 1927. HE SUBMITTED HIS VOUCHER FOR EXPENSES FROM KANSAS CITY TO JOPLIN TO THE UNITED STATES MARSHAL, WHO NOT ONLY PAID SUCH EXPENSES, BUT ALSO ADVANCED THE ESTIMATED COST OF RETURNING TO KANSAS CITY. IN HIS VOUCHER COVERING THE MONTH OF JUNE AS A SECRET SERVICE OPERATIVE, CLINE STATES:

I WAS IN JOPLIN, MO., ON SUBPOENA JUNE 12 AND 13, WAS DISCHARGED FROM CRT. 5:15 P.M. JUNE 13 AND RESUMED WORK FOR THIS SERVICE IN JOPLIN AT THAT TIME, INCURRING CHGS. AS SHOWN.

FROM THE TOTAL OF HIS JUNE EXPENSE VOUCHER HE DEDUCTED THE AMOUNT OF $8.92 RECEIVED FROM THE MARSHAL TO COVER THE EXPENSES OF HIS RETURN TRIP. IT IS EVIDENT FROM THE FOREGOING THAT FROM THE TIME THIS EMPLOYEE WAS EXCUSED BY THE COURT HE WAS ENGAGED ON OFFICIAL DUTIES AS A SECRET SERVICE OPERATIVE, AND THAT NONE OF HIS EXPENSES INCURRED FROM THAT HOUR COULD BE SAID TO HAVE BEEN DUE TO HIS ATTENDANCE UPON THE COURT AS A WITNESS. ALL OF THE EXPENSES, THEREFORE, FROM THE TIME HE TOOK UP HIS DUTIES AS A SECRET SERVICE OPERATIVE WERE A PROPER CHARGE AGAINST THE APPROPRIATION FOR "SUPPRESSING COUNTERFEITING AND OTHER CRIMES" AND WERE NOT PROPERLY PAYABLE FROM THE APPROPRIATION FOR "FEES OF WITNESSES.' A TRANSFER SETTLEMENT WILL ACCORDINGLY BE STATED CHARGING THE APPROPRIATION "SUPPRESSING COUNTERFEITING AND OTHER CRIMES" WITH $8.92 AND CREDITING A LIKE AMOUNT TO THE APPROPRIATION "FEES OF WITNESSES.' PROPER ADJUSTMENT WILL ALSO BE MADE IN THE ACCOUNTS OF THE UNITED STATES MARSHAL, ASA W. BUTLER, AT KANSAS CITY, MO.

IF THE OPERATIVE IN THIS CASE HAD NOT RESUMED DUTY AS SUCH AT JOPLIN, THE APPROPRIATION "FEES OF WITNESSES" WOULD HAVE BEEN CHARGEABLE WITH HIS AUTHORIZED EXPENSES TO THE PLACE AT WHICH HE DID RESUME SUCH DUTY NOT TO EXCEED WHAT IT WOULD HAVE COST HAD HE RETURNED DIRECT TO THE PLACE FROM WHICH SUBPOENAED, AND THIS RULE IS FOR APPLICATION GENERALLY IN SUCH CASES.