A-43283, JULY 16, 1932, 12 COMP. GEN. 61

A-43283: Jul 16, 1932

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ARE REPEALED. OFFICIALS AND EMPLOYEES OF THE AMERICAN DELEGATION TO THE GENERAL DISARMAMENT CONFERENCE AT GENEVA ARE ENTITLED TO SUBSISTENCE EXPENSES BEGINNING JULY 1. ONLY AT SUCH RATES AS ARE PROVIDED FOR IN SECTIONS 207 AND 208 OF THE ECONOMY ACT. WHICH WAS CONTAINED IN PUBLIC RESOLUTION NO. 8 OF THE 72D CONGRESS. WAS EXEMPTED FROM THE GENERAL STATUTE FIXING THE EXPENSES AND ALLOWANCES FOR GOVERNMENT OFFICIALS AND PAYMENTS OF SUBSISTENCE OR PER DIEM IN LIEU THEREOF. IT IS MY UNDERSTANDING THAT IN THE CASE OF A CHANGE OF A GENERAL STATUTE SUCH CHANGE DOES NOT AND CAN NOT EFFECT AN EXCEPTION TO A LAW UNLESS THAT EXCEPTION IS SPECIFICALLY MENTIONED. WHICH IN THIS CASE IS THE SUBSISTENCE EXPENSE ACT OF 1926.

A-43283, JULY 16, 1932, 12 COMP. GEN. 61

ECONOMY ACT - SUBSISTENCE, PER DIEM - GOVERNMENT OFFICIALS AND EMPLOYEES ABROAD SINCE SECTION 210 OF THE ECONOMY ACT OF JUNE 30, 1932, REPEALS ALL LAWS INCONSISTENT WITH THE PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED BY SECTIONS 207 AND 208 OF THE ECONOMY ACT, THE PROVISIONS OF PUBLIC RESOLUTION OF FEBRUARY 2, 1932, 47 STAT. 35, AUTHORIZING THE ALLOWANCE AND PAYMENT OF SUBSISTENCE EXPENSES NOTWITHSTANDING THE PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF 1926, ARE REPEALED, AND OFFICIALS AND EMPLOYEES OF THE AMERICAN DELEGATION TO THE GENERAL DISARMAMENT CONFERENCE AT GENEVA ARE ENTITLED TO SUBSISTENCE EXPENSES BEGINNING JULY 1, 1932, ONLY AT SUCH RATES AS ARE PROVIDED FOR IN SECTIONS 207 AND 208 OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JULY 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 7, 1932, AS FOLLOWS:

A QUESTION HAS ARISEN WITH REGARD TO THE APPLICATION OF PUBLIC ACT NO. 212 OF THE 72D CONGRESS (H.R. 11267) TO THE APPROPRIATION FOR THE EXPENSES OF THE AMERICAN DELEGATION TO THE GENERAL DISARMAMENT CONFERENCE AT GENEVA PARTICULARLY AS FAR AS CONCERNS SECTIONS 207 AND 208 AND OTHER SECTIONS WITH REGARD TO PAYMENT OF SUBSISTENCE ALLOWANCES. THE APPROPRIATION FOR THE AMERICAN DELEGATION TO GENEVA, WHICH WAS CONTAINED IN PUBLIC RESOLUTION NO. 8 OF THE 72D CONGRESS, WAS EXEMPTED FROM THE GENERAL STATUTE FIXING THE EXPENSES AND ALLOWANCES FOR GOVERNMENT OFFICIALS AND PAYMENTS OF SUBSISTENCE OR PER DIEM IN LIEU THEREOF. IT IS MY UNDERSTANDING THAT IN THE CASE OF A CHANGE OF A GENERAL STATUTE SUCH CHANGE DOES NOT AND CAN NOT EFFECT AN EXCEPTION TO A LAW UNLESS THAT EXCEPTION IS SPECIFICALLY MENTIONED. AS I DO NOT FIND IN THE PUBLIC ACT NO. 212 OF THE 72D CONGRESS ANY MENTION OF THE APPROPRIATION FOR THE DELEGATION AT GENEVA, I ASSUME THAT A CHANGE IN THE GENERAL STATUTE, WHICH IN THIS CASE IS THE SUBSISTENCE EXPENSE ACT OF 1926, DOES NOT REPEAL THE EXEMPTION TO THE SUBSISTENCE EXPENSE ACT OF 1926 AS CONTAINED IN THE APPROPRIATION FOR THE GENEVA DELEGATION.

SECTION 207 OF PART II OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 405, AMENDS SECTION 3 OF THE SUBSISTENCE EXPENSE ACT OF 1926 BY PROVIDING THAT CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS, WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SHALL BE ALLOWED A PER DIEM ALLOWANCE OF NOT TO EXCEED THE RATE OF $5 WITHIN THE LIMITS OF CONTINENTAL UNITED STATES, AND NOT TO EXCEED AN AVERAGE OF $6 BEYOND THE LIMITS OF CONTINENTAL UNITED STATES. SECTION 208 OF THE SAME ACT REPEALS SECTIONS 4, 5, AND 6 OF THE SUBSISTENCE EXPENSE ACT OF 1926 AND AMENDS SECTION 7 THEREOF BY STRIKING OUT THE REFERENCE THEREIN TO ACTUAL EXPENSES AND SECTION 210 OF THE ACT PROVIDES:

THE PROVISIONS OF ALL ACTS HERETOFORE ENACTED INCONSISTENT WITH SECTIONS 207, 208, AND 209 ARE, TO THE EXTENT OF SUCH INCONSISTENCY, HEREBY REPEALED, AND SUCH SECTIONS SHALL TAKE EFFECT ON JULY 1, 1932.

THERE APPEARS TO BE NO QUESTION AS TO THE INTENT AND PURPOSE OF THE PROVISIONS OF THIS LAST QUOTED SECTION. IT PROVIDES THAT THE PROVISIONS OF ALL ACTS INCONSISTENT WITH SECTIONS 207 AND 208 ARE REPEALED EFFECTIVE JULY 1, 1932, AND IT APPEARS THAT THE PROVISIONS IN THE PUBLIC RESOLUTION, FEBRUARY 2, 1932, 47 STAT. 35, WITH RESPECT TO THE PAYMENT OF SUBSISTENCE EXPENSES NOTWITHSTANDING THE PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF 1926, ARE INCONSISTENT WITH SAID SECTIONS 207 AND 208 IN THE ACT OF JUNE 30, 1932, AND THEREFORE SUCH PROVISIONS IN THE RESOLUTION ARE REPEALED BY SECTION 210, SUPRA.

ACCORDINGLY, IN SPECIFIC ANSWER TO THE QUESTION SUBMITTED, I HAVE TO ADVISE THAT THE SUBSISTENCE EXPENSES OF THE OFFICERS AND EMPLOYEES OF THE DELEGATION OF THE UNITED STATES AT GENEVA TO THE DISARMAMENT CONFERENCE ARE AUTHORIZED TO BE ALLOWED AND PAID ONLY AS PROVIDED IN SECTIONS 3 AND 7 OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED BY THE ACT OF JUNE 30, 1932.