A-43482, JULY 25, 1932, 12 COMP. GEN. 111

A-43482: Jul 25, 1932

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NOR IS THE COMPENSATION SO PAID SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 30. THE ACCOUNTS OF SUCH TEMPORARY TYPISTS OR STENOGRAPHERS ARE AS A GENERAL RULE PAID BY THE DISBURSING CLERK DIRECT TO THE PARTICULAR PERSON. WHEN CASH PAYMENT IS DEMANDED THE TRAVELER MUST NECESSARILY PAY THE AMOUNT THEREOF AND INCLUDE THE SAME IN HIS EXPENSE ACCOUNT AS MORE FULLY PROVIDED IN PARAGRAPH 90 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE QUESTION NOW ARISES AS TO WHETHER SUCH TEMPORARY TYPISTS OR STENOGRAPHERS ARE SUBJECT TO THE PROVISIONS OF SECTION 101-B OF THE ECONOMY ACT APPROVED JUNE 30. IN THIS CONNECTION YOUR ATTENTION IS RESPECTFULLY INVITED TO THE FOLLOWING DECISIONS OF YOURSELF AND YOUR PREDECESSOR WHEREIN YOU DEFINE THE TERM "SALARY: " 22 COMP.

A-43482, JULY 25, 1932, 12 COMP. GEN. 111

ECONOMY ACT - TRAVELING EXPENSES - TEMPORARY HIRE OF STENOGRAPHERS AND TYPISTS THE TEMPORARY HIRE OF TYPISTS OR STENOGRAPHERS BY AN EMPLOYEE IN A TRAVEL STATUS CONSTITUTES, UNDER ORDINARY CIRCUMSTANCES, A CONTRACT BETWEEN THE TYPIST OR STENOGRAPHER AND SUCH EMPLOYEE AND DOES NOT RENDER THE TYPIST OR STENOGRAPHER AN EMPLOYEE OF THE UNITED STATES, NOR IS THE COMPENSATION SO PAID SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 30, 1932, 47 STAT. 382.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JULY 25, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 15, 1932, AS FOLLOWS:

IT FREQUENTLY BECOMES NECESSARY FOR OFFICERS AND EMPLOYEES OF THIS DEPARTMENT WHILE TRAVELING IN THE FIELD TO OBTAIN THE SERVICES OF TEMPORARY TYPISTS OR STENOGRAPHERS IN CONNECTION WITH THEIR OFFICIAL DUTIES ON EITHER FOLIO, PAGE, HOURLY, OR DAILY RATES OF COMPENSATION. THE ACCOUNTS OF SUCH TEMPORARY TYPISTS OR STENOGRAPHERS ARE AS A GENERAL RULE PAID BY THE DISBURSING CLERK DIRECT TO THE PARTICULAR PERSON. HOWEVER, WHEN CASH PAYMENT IS DEMANDED THE TRAVELER MUST NECESSARILY PAY THE AMOUNT THEREOF AND INCLUDE THE SAME IN HIS EXPENSE ACCOUNT AS MORE FULLY PROVIDED IN PARAGRAPH 90 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE QUESTION NOW ARISES AS TO WHETHER SUCH TEMPORARY TYPISTS OR STENOGRAPHERS ARE SUBJECT TO THE PROVISIONS OF SECTION 101-B OF THE ECONOMY ACT APPROVED JUNE 30, 1932.

IN THIS CONNECTION YOUR ATTENTION IS RESPECTFULLY INVITED TO THE FOLLOWING DECISIONS OF YOURSELF AND YOUR PREDECESSOR WHEREIN YOU DEFINE THE TERM "SALARY: "

22 COMP. DEC. 693.

24 ID. 532.

2 COMP. GEN. 37.

3 ID. 563.

3 ID. 1012.

YOUR EARLY DECISION ON THE MATTER WILL BE APPRECIATED.

PARAGRAPHS 90, 92, AND 93 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE AS FOLLOWS:

90. DEFINITION.--- CHARGES FOR NECESSARY STENOGRAPHIC OR TYPEWRITING SERVICES OR RENTAL OF TYPEWRITING MACHINES IN CONNECTION WITH THE PREPARATION OF REPORTS OR CORRESPONDENCE; CLERICAL ASSISTANCE; SERVICES OF GUIDES, INTERPRETERS, PACKERS, DRIVERS OF VEHICLES; STORAGE OF PROPERTY USED ON OFFICIAL BUSINESS; AND WHEN REQUIRED FOR TRAVEL BEYOND THE LIMITS OF THE UNITED STATES, FEES IN CONNECTION WITH THE ISSUANCE OF PASSPORTS, VISA FEES, COST OF PHOTOGRAPHS FOR PASSPORTS AND VISAS, COST OF BIRTH CERTIFICATES, AND CHARGES FOR INOCULATION, WILL BE ALLOWED WHEN AUTHORIZED OR APPROVED BY THE ADMINISTRATIVE OFFICIAL.

92. METHOD OF PAYMENT.--- CHARGES FOR SUCH SERVICES SHOULD NOT BE PAID BY THE TRAVELER, BUT THE ACCOUNT SHOULD BE APPROVED BY THE TRAVELER, CERTIFIED BY THE PAYEE, AND FORWARDED TO THE ADMINISTRATIVE OFFICIAL FOR APPROVAL AND PAYMENT TO BE MADE DIRECT TO THE PERSON WHO RENDERED THE SERVICE. THE ACCOUNT MUST SHOW THE DATES OF SERVICE, QUANTITY, UNIT, AND UNIT PRICE, AND SUCH OTHER PARTICULARS AS MAY BE NEEDED FOR A CLEAR UNDERSTANDING OF THE CHARGE. IF GOVERNMENT VOUCHER FORM IS NOT USED, CARE SHOULD BE TAKEN THAT EACH ACCOUNT IS SUBMITTED IN DUPLICATE, THE ORIGINAL OF WHICH SHALL BEAR THE APPROVAL OF THE TRAVELER AND THE FOLLOWING CERTIFICATE BY THE PAYEE: "I CERTIFY THAT THE FOREGOING ACCOUNT IS CORRECT AND JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN RECEIVED.' (SEE PAR. 93.)

93. CASH PAYMENT.--- WHERE CASH PAYMENT IS DEMANDED FOR SUCH SERVICES, REIMBURSEMENT FOR THE CHARGES ACTUALLY PAID MAY BE ALLOWED. REIMBURSEMENT EXPENSE ACCOUNT MUST BE SUPPORTED BY RECEIPTS SHOWING THE QUANTITY, UNIT, AND UNIT PRICE, AND STATEMENT THAT CASH PAYMENT WAS DEMANDED.

THE TEMPORARY HIRE OF TYPISTS OR STENOGRAPHERS BY AN EMPLOYEE IN A TRAVEL STATUS CONSTITUTES, UNDER ORDINARY CIRCUMSTANCES, A CONTRACT BETWEEN THE TYPIST OR STENOGRAPHER AND SUCH EMPLOYEE, UNDER WHICH THERE ARE TO BE PAID THE REGULAR CHARGES FOR SUCH SERVICES IF NOT OTHERWISE SPECIFIED IN THE CONTRACT OF HIRE. SUCH TEMPORARY TYPIST OR STENOGRAPHER DOES NOT THEREBY BECOME AN EMPLOYEE OF THE UNITED STATES AND THE COMPENSATION SO PAID IS NOT SUBJECT TO THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932.