A-22525, MAY 2, 1928, 7 COMP. GEN. 689

A-22525: May 2, 1928

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1928: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF APRIL 4. IS HEREBY AMENDED TO READ AS FOLLOWS: THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE OF THIS DEPARTMENT IS HEREBY AUTHORIZED TO PREPARE AND SIGN ALL TELEGRAMS AND LETTERS OF INSTRUCTIONS TO OFFICIALS AND EMPLOYEES OF HIS OFFICE WHO MAY BE REQUIRED TO TRAVEL UPON THE PUBLIC BUSINESS. SUCH LETTERS AND TELEGRAMS AUTHORIZING TRAVELING AND SUBSISTENCE EXPENSES TO BE PAID FROM AN APPROPRIATION UPON THE BOOKS OF HIS OFFICE AVAILABLE THEREFOR ARE TO BE ACCEPTED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT AS FULL AUTHORITY FOR THE EXPENDITURE PROPERLY INCURRED. THE SURGEON GENERAL WILL. AS THERE WAS NO STATUTORY AUTHORITY PRIOR TO DECEMBER 22.

A-22525, MAY 2, 1928, 7 COMP. GEN. 689

TRAVELING EXPENSES - TRANSFERS BETWEEN DUTY STATIONS THE ACT OF DECEMBER 22, 1927, 45 STAT. 50, MAKING TRAVEL EXPENSE APPROPRIATIONS FOR THE FISCAL YEARS 1926, 1927, 1928, AND 1929 AVAILABLE FOR EXPENSES OF TRAVEL INCURRED IN CONNECTION WITH TRANSFERS BETWEEN DUTY STATIONS, LIMITS ITS PROVISIONS TO SUCH TRANSFERS AS CONTAIN AUTHORITY FROM THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT TO INCUR SUCH EXPENSES, AND AN AUTHORIZATION SIGNED BY A SUBORDINATE OFFICER NOT AUTHORIZED BY STATUTE TO ACT IN PLACE OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT DOES NOT ENTITLE TO RELIEF UNDER SAID ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 2, 1928:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF APRIL 4, 1928, TRANSMITTING ORDER OF APRIL 3, 1928, AMENDING YOUR ORDER OF JULY 31, 1923, AS FOLLOWS:

ORDER OF JULY 31, 1923, IS HEREBY AMENDED TO READ AS FOLLOWS:

THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE OF THIS DEPARTMENT IS HEREBY AUTHORIZED TO PREPARE AND SIGN ALL TELEGRAMS AND LETTERS OF INSTRUCTIONS TO OFFICIALS AND EMPLOYEES OF HIS OFFICE WHO MAY BE REQUIRED TO TRAVEL UPON THE PUBLIC BUSINESS, INCLUDING THE TRANSFER OF OFFICERS AND EMPLOYEES FROM ONE OFFICIAL STATION TO ANOTHER, WITH POWER TO AUTHORIZE PAYMENT OF EXPENSES FOR SUCH TRAVEL OUT OF APPLICABLE FUNDS, AND SUCH LETTERS AND TELEGRAMS AUTHORIZING TRAVELING AND SUBSISTENCE EXPENSES TO BE PAID FROM AN APPROPRIATION UPON THE BOOKS OF HIS OFFICE AVAILABLE THEREFOR ARE TO BE ACCEPTED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT AS FULL AUTHORITY FOR THE EXPENDITURE PROPERLY INCURRED. THE SURGEON GENERAL WILL, AT STATED INTERVALS, REPORT IN WRITING TO THE ASSISTANT SECRETARY IN CHARGE, ALL TRAVEL PERFORMED ON HIS ORDER PURSUANT TO THE GENERAL AUTHORITY HEREIN GIVEN.

AS THERE WAS NO STATUTORY AUTHORITY PRIOR TO DECEMBER 22, 1927, FOR THE TRANSFER OF CIVILIAN EMPLOYEES, OTHER THAN COMMISSIONED OFFICERS, SCIENTIFIC PERSONNEL, PHARMACISTS, AND NURSES OF THE PUBLIC HEALTH SERVICE BETWEEN PERMANENT DUTY STATIONS AT THE EXPENSE OF THE UNITED STATES, IT IS ASSUMED THAT YOUR ORDER WAS INTENDED AS A DELEGATION TO THE SURGEON GENERAL OF THE AUTHORITY TO ISSUE THE NECESSARY AUTHORIZATIONS TO BRING THE TRANSFERS OF CIVILIAN EMPLOYEES WITHIN THE PROVISIONS OF THE ACT OF DECEMBER 22, 1927, 45 STAT. 50. THIS ACT MAKES THE TRAVEL EXPENSE APPROPRIATIONS FOR THE FISCAL YEARS 1926, 1927, 1928, AND 1929 AVAILABLE FOR EXPENSES OF TRANSFER BETWEEN PERMANENT DUTY STATIONS ONLY "WHEN AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFERS.' IN CONSTRUING SIMILAR PROVISIONS IN OTHER STATUTES IN WHICH THE AUTHORITY TO DO, OR TO AUTHORIZE THE DOING OF, A PARTICULAR THING IS VESTED BY STATUTE IN THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT, IT HAS BEEN UNIFORMLY HELD THAT THE HEAD OF THE DEPARTMENT MAY NOT DELEGATE THAT AUTHORITY TO A SUBORDINATE OTHER THAN AN ASSISTANT OR OTHER OFFICER AUTHORIZED BY STATUTE TO ACT IN PLACE OF THE HEAD OF THE DEPARTMENT. 19 COMP. DEC. 628; 2 COMP. GEN. 459; 3 ID. 371, 460, 694, 777, 797.

IF, THEREFORE, IT IS DESIRED TO AUTHORIZE REIMBURSEMENT TO EMPLOYEES OF THE PUBLIC HEALTH SERVICE, OTHER THAN THE COMMISSIONED OFFICERS, SCIENTIFIC PERSONNEL, PHARMACISTS, AND NURSES, REFERRED TO IN THE ACT OF JANUARY 26, 1927, 44 STAT. 1037, WHEN TRANSFERRED BETWEEN PERMANENT DUTY STATIONS, THE ORDER AUTHORIZING REIMBURSEMENT OF SUCH EXPENSES SHOULD BE INCLUDED IN THE ORDER FOR THE TRANSFER AND SHOULD BE SIGNED BY THE SECRETARY OF THE TREASURY OR AN ASSISTANT SECRETARY. 7 COMP. GEN. 482.