A-25629, JANUARY 12, 1929, 8 COMP. GEN. 358

A-25629: Jan 12, 1929

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REQUESTING DECISION WHETHER YOUR COMMISSION IS AUTHORIZED TO PAY THE EXPENSES OF EMPLOYEES OF THE RADIO DIVISION. THERE IS A SPECIFIC APPROPRIATION FOR TRAVELING EXPENSES. THERE IS. WHICH IS PRESUMABLY THE APPROPRIATION UNDER WHICH THE RADIO DIVISION. IT WAS HELD IN 2 COMP. ARE ENTITLED TO THEIR TRAVELING EXPENSES PAYABLE FROM THE APPLICABLE APPROPRIATION OF THEIR PARTICULAR DEPARTMENT OR STABLISHMENT. IF THE ATTENDANCE OF GOVERNMENT EMPLOYEES SUBPOENAED AS WITNESSES IS NOT CONNECTED WITH THEIR OFFICIAL DUTIES THEIR EXPENSES ARE PAYABLE FROM THE JUDICIARY APPROPRIATION. SHOULD THE VOUCHER CLAIMING REIMBURSEMENT FOR SUCH TRAVELING EXPENSES CONTAIN OR BE ACCOMPANIED BY AN ADMINISTRATIVE CERTIFICATE TO THE EFFECT THAT THE TESTIMONY OF THE EMPLOYEE AS A WITNESS IN THE HEARINGS BEFORE YOUR COMMISSION WAS NOT DIRECTLY CONNECTED WITH THIS OFFICIAL DUTIES BUT PERTAINED TO MATTERS UNDER THE JURISDICTION OF THE FEDERAL RADIO COMMISSION.

A-25629, JANUARY 12, 1929, 8 COMP. GEN. 358

TRAVELING EXPENSES - GOVERNMENT EMPLOYEES SUMMONED AS WITNESSES THE TRAVELING EXPENSES OF EMPLOYEES OF THE RADIO DIVISION, DEPARTMENT OF COMMERCE, WHEN SUMMONED AS WITNESSES IN HEARINGS BEFORE THE FEDERAL RADIO COMMISSION MAY BE PAID FROM THE APPROPRIATIONS FOR THE EXPENSES OF THE COMMISSION UPON AN ADMINISTRATIVE CERTIFICATE THAT THE TESTIMONY DID NOT CONCERN MATTERS DIRECTLY CONNECTED WITH THEIR OFFICIAL DUTIES AS EMPLOYEES OF THE RADIO DIVISION.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE FEDERAL RADIO COMMISSION, JANUARY 12, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 4, 1929, REQUESTING DECISION WHETHER YOUR COMMISSION IS AUTHORIZED TO PAY THE EXPENSES OF EMPLOYEES OF THE RADIO DIVISION, DEPARTMENT OF COMMERCE, WHOM IT DESIRES TO CALL AS WITNESSES IN CERTAIN CASES PENDING BEFORE THE COMMISSION.

THE ACT OF FEBRUARY 23, 1927, 44 STAT. 1162, CREATING THE FEDERAL RADIO COMMISSION, GAVE IT AUTHORITY TO HOLD HEARINGS AND SUMMON WITNESSES AND TO MAKE SUCH EXPENDITURES AS MAY BE NECESSARY FOR THE EXECUTION OF THE FUNCTIONS SO VESTED IN IT AND AS FROM TIME TO TIME MIGHT BE APPROPRIATED FOR BY THE CONGRESS. IN THE APPROPRIATION FOR THE EXPENSES OF THE COMMISSION FOR THE FISCAL YEAR 1929, ACT OF MAY 16, 1928, 45 STAT. 579, THERE IS A SPECIFIC APPROPRIATION FOR TRAVELING EXPENSES. THERE IS, ALSO, AN APPROPRIATION FOR TRAVELING EXPENSES IN THE APPROPRIATION FOR THE ENFORCEMENT OF THE WIRELESS COMMUNICATION LAWS, ACT OF FEBRUARY 15, 1928, 45 STAT. 84, WHICH IS PRESUMABLY THE APPROPRIATION UNDER WHICH THE RADIO DIVISION, DEPARTMENT OF COMMERCE, OPERATES.

WITH RESPECT TO THE EXPENSES OF GOVERNMENT EMPLOYEES SUBPOENAED AS WITNESSES IN FEDERAL COURTS, IT WAS HELD IN 2 COMP. GEN. 629 (SYLLABUS):

GOVERNMENT EMPLOYEES ATTENDING IN THEIR OFFICIAL CAPACITY THE EXAMINATION OR TRIAL OF PERSONS CHARGED WITH VIOLATIONS OF CERTAIN LAWS RELATING TO THE WORK OF THEIR DEPARTMENT OR ESTABLISHMENT, SUCH ATTENDANCE BEING IN CONNECTION WITH THEIR OFFICIAL DUTIES, ARE ENTITLED TO THEIR TRAVELING EXPENSES PAYABLE FROM THE APPLICABLE APPROPRIATION OF THEIR PARTICULAR DEPARTMENT OR STABLISHMENT; IF THE ATTENDANCE OF GOVERNMENT EMPLOYEES SUBPOENAED AS WITNESSES IS NOT CONNECTED WITH THEIR OFFICIAL DUTIES THEIR EXPENSES ARE PAYABLE FROM THE JUDICIARY APPROPRIATION,"FEES OF WITNESSES, UNITED STATES COURTS.'

IN VIEW OF THE CLOSE RELATIONSHIP EXISTING BETWEEN THE DUTIES OF THE EMPLOYEES OF THE RADIO DIVISION, DEPARTMENT OF COMMERCE, AND YOUR COMMISSION, IT MAY BE DIFFICULT TO DETERMINE WHETHER THEIR TESTIMONY RELATES PRINCIPALLY TO THEIR OFFICIAL DUTIES AS EMPLOYEES OF THE RADIO DIVISION OR WHETHER IT RELATES TO MATTERS NOT DIRECTLY CONNECTED THEREWITH. HOWEVER, SHOULD THE VOUCHER CLAIMING REIMBURSEMENT FOR SUCH TRAVELING EXPENSES CONTAIN OR BE ACCOMPANIED BY AN ADMINISTRATIVE CERTIFICATE TO THE EFFECT THAT THE TESTIMONY OF THE EMPLOYEE AS A WITNESS IN THE HEARINGS BEFORE YOUR COMMISSION WAS NOT DIRECTLY CONNECTED WITH THIS OFFICIAL DUTIES BUT PERTAINED TO MATTERS UNDER THE JURISDICTION OF THE FEDERAL RADIO COMMISSION, NO OBJECTION WOULD BE MADE TO PAYMENT OF SUCH EXPENSES, IF OTHERWISE CORRECT AND PROPER, FROM THE APPROPRIATION FOR THE FEDERAL RADIO COMMISSION.