A-38608, DECEMBER 8, 1931, 11 COMP. GEN. 219

A-38608: Dec 8, 1931

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SUBSISTENCE - PER DIEMS - NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS AS THE ONLY AUTHORITY TO PAY A PER DIEM IN LIEU OF ACTUAL SUBSISTENCE EXPENSES TO MEMBERS AND EMPLOYEES OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS IS THAT CONFERRED UNDER THE GENERAL PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF JUNE 3. SUCH PAYMENTS ARE NOT AUTHORIZED EXCEPT IN CONFIRMITY WITH THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE ACT. 1931: REFERENCE IS MADE TO VOUCHERS 1359 AND 1360. IT APPEARS THAT THE PAYMENT OF FULL PER DIEMS FOR FRACTIONAL DAYS WAS AUTHORIZED BY THE TRAVEL REGULATIONS OF THE COMMITTEE ISSUED PURSUANT TO FORMER STATUTES GOVERNING SUCH MATTERS AND PAYMENTS ON THAT BASIS WERE NOT QUESTIONED.

A-38608, DECEMBER 8, 1931, 11 COMP. GEN. 219

SUBSISTENCE - PER DIEMS - NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS AS THE ONLY AUTHORITY TO PAY A PER DIEM IN LIEU OF ACTUAL SUBSISTENCE EXPENSES TO MEMBERS AND EMPLOYEES OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS IS THAT CONFERRED UNDER THE GENERAL PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF JUNE 3, 1926, 44 STAT. 688, SUCH PAYMENTS ARE NOT AUTHORIZED EXCEPT IN CONFIRMITY WITH THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE ACT.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, DECEMBER 8, 1931:

REFERENCE IS MADE TO VOUCHERS 1359 AND 1360, JANUARY, 1931, AND VOUCHER 1693, FEBRUARY, 1931, ACCOUNTS OF RUTH SCOTT, SPECIAL DISBURSING AGENT, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, SHOWING PAYMENTS TO MEMBERS OF THE COMMITTEE OF FULL PER DIEMS OF $6 IN LIEU OF SUBSISTENCE WHERE A TRAVEL STATUS EXISTED ONLY FOR A FRACTIONAL PART OF A SINGLE DAY AND ALSO FULL PER DIEMS OF $6 FOR FRACTIONAL PARTS OF DAYS AT THE BEGINNING AND ENDING OF A PERIOD OF TRAVEL.

THE ACT OF MARCH 3, 1915, 38 STAT. 930, CREATING THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS APPROPRIATED FUNDS FOR THE EXPENSES OF SUCH COMMITTEE, INCLUDING "NECESSARY EXPENSES OF MEMBERS OF THE COMMITTEE, IN GOING TO, RETURNING FROM, AND WHILE ATTENDING MEETINGS OF THE COMMITTEE," AND CURRENT ANNUAL APPROPRIATION ACTS PROVIDE FOR "TRAVELING EXPENSES OF MEMBERS AND EMPLOYEES.' 46 STAT. 239, 1366. THE ONLY AUTHORITY TO PAY A PER DIEM IN LIEU OF ACTUAL SUBSISTENCE EXPENSES TO MEMBERS AND EMPLOYEES OF THE COMMISSION WHILE IN A TRAVEL STATUS APPEARS TO BE THE GENERAL PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF JUNE 3, 1926, 44 STAT. 688. SEE 10 COMP. GEN. 239. PRIOR TO THE ENACTMENT OF THIS STATUTE, IT APPEARS THAT THE PAYMENT OF FULL PER DIEMS FOR FRACTIONAL DAYS WAS AUTHORIZED BY THE TRAVEL REGULATIONS OF THE COMMITTEE ISSUED PURSUANT TO FORMER STATUTES GOVERNING SUCH MATTERS AND PAYMENTS ON THAT BASIS WERE NOT QUESTIONED. SUCH TRAVEL REGULATIONS, HOWEVER, NOW HAVE BEEN SUPERSEDED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROMULGATED BY THE PRESIDENT PURSUANT TO THE SAID SUBSISTENCE EXPENSE ACT OF JUNE 3, 1926, AND PARAGRAPHS 45 (A) AND 66 OF THESE LATER REGULATIONS PROVIDE THAT FOR A TRAVEL STATUS OF LESS THAN ONE DAY ACTUAL SUBSISTENCE EXPENSES ONLY WILL BE ALLOWED AND THAT FOR THE FRACTIONAL PART OF A DAY AT THE COMMENCEMENT OR ENDING OF A TRAVEL STATUS PERIOD ONE-FOURTH OF THE PER DIEM RATE FOR A FULL DAY WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR PORTION THEREOF.

AS IT THUS APPEARS THAT THERE IS NOW NO AUTHORITY TO PAY PER DIEMS TO MEMBERS AND EMPLOYEES OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS EXCEPT AS LIMITED BY THE CITED PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, I HAVE TO ADVISE YOU THAT CREDIT FOR PAYMENTS HEREAFTER MADE MAY BE ALLOWED IN THE ACCOUNTS OF THE SPECIAL DISBURSING AGENT ONLY TO THE EXTENT THAT THEY ARE MADE IN CONFORMITY WITH SUCH REGULATIONS.