A-43497, JULY 26, 1932, 12 COMP. GEN. 125

A-43497: Jul 26, 1932

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IS APPLICABLE TO THE JUDGES. THE EXPENSES OF THE JUDGES AND STENOGRAPHIC CLERKS ARE PAID FROM THE APPROPRIATION "SALARIES AND EXPENSES. " AND THE EXPENSES OF GOVERNMENT COUNSEL ARE PAID FROM THE APPROPRIATION "PROTECTING INTERESTS OF THE UNITED STATES IN CUSTOMS MATTERS. IT IS PRESUMED BY THE DEPARTMENT THAT SECTION 207 OF PUBLIC ACT NO. 212. AS THEY ARE OFFICERS AND EMPLOYEES OF THE UNITED STATES CUSTOMS COURT. THEY WILL BE LIMITED TO $6 PER DAY FOR THEIR ACTUAL EXPENSES OF SUBSISTENCE. YOUR DECISION IN THE MATTER IS REQUESTED. THEY ARE CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF JUSTICE. THEY ARE NOW ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES OF SUBSISTENCE. OR WHETHER THEY ARE LIMITED TO A PER DIEM ALLOWANCE.

A-43497, JULY 26, 1932, 12 COMP. GEN. 125

ECONOMY ACT - SUBSISTENCE, PER DIEM SECTIONS 207, 208, AND 210 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, 406, SUBSTITUTING A PER DIEM ALLOWANCE OF NOT TO EXCEED $5 A DAY IN LIEU OF ALL OTHER SUBSISTENCE EXPENSES, IS APPLICABLE TO THE JUDGES, STENOGRAPHIC CLERKS OF THE UNITED STATES CUSTOMS COURT, AND THE UNITED STATES ATTORNEYS OR ASSISTANT ATTORNEYS.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JULY 26, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 19, 1932, AS FOLLOWS:

SECTION 518 OF THE TARIFF ACT OF 1930 (46 STAT. 738) PROVIDES THAT JUDGES AND STENOGRAPHIC CLERKS OF THE UNITED STATES CUSTOMS COURT, AND GOVERNMENT COUNSEL, WHILE ABSENT FROM NEW YORK ON OFFICIAL BUSINESS, SHALL BE ALLOWED, FOR MAINTENANCE, NOT EXCEEDING $10 PER DAY IN THE CASE OF THE JUDGES OF THE COURT AND GOVERNMENT COUNSEL, AND $8 PER DAY IN THE CASE OF STENOGRAPHIC CLERKS. THE EXPENSES OF THE JUDGES AND STENOGRAPHIC CLERKS ARE PAID FROM THE APPROPRIATION "SALARIES AND EXPENSES, U.S. CUSTOMS COURT," AND THE EXPENSES OF GOVERNMENT COUNSEL ARE PAID FROM THE APPROPRIATION "PROTECTING INTERESTS OF THE UNITED STATES IN CUSTOMS MATTERS," CONTAINED IN PUBLIC ACT NO. 232, APPROVED JULY 1, 1932.

IT IS PRESUMED BY THE DEPARTMENT THAT SECTION 207 OF PUBLIC ACT NO. 212, APPROVED JUNE 30, 1932, DOES NOT APPLY TO THE JUDGES AND STENOGRAPHIC CLERKS, AS THEY ARE OFFICERS AND EMPLOYEES OF THE UNITED STATES CUSTOMS COURT, AND NOT OF THE DEPARTMENT OF JUSTICE, BUT THAT, COMMENCING JULY 1, 1932, THEY WILL BE LIMITED TO $6 PER DAY FOR THEIR ACTUAL EXPENSES OF SUBSISTENCE, UNDER SECTION 3 OF PUBLIC ACT NO. 232, APPROVED JULY 1, 1932. YOUR DECISION IN THE MATTER IS REQUESTED.

AS TO GOVERNMENT COUNSEL (CONSISTING OF ASSISTANT ATTORNEY GENERAL LAWRENCE AND THE ATTORNEYS CONNECTED WITH HIS OFFICE IN NEW YORK), THEY ARE CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF JUSTICE, AND THE QUESTION ARISES WHETHER, UPON CONSIDERATION OF SECTION 518 OF THE TARIFF ACT OF 1930; SECTION 207 OF PUBLIC ACT NO. 212, APPROVED JUNE 30, 1932, AND SECTION 3 OF PUBLIC ACT NO. 232, APPROVED JULY 1, 1932, THEY ARE NOW ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES OF SUBSISTENCE, NOT EXCEEDING $6 PER DAY, OR WHETHER THEY ARE LIMITED TO A PER DIEM ALLOWANCE, NOT EXCEEDING $5 PER DAY. YOUR DECISION IS REQUESTED.

SECTIONS 207, 208, 210, AND 803 OF THE ACT OF JUNE 30, 1932, PUBLIC, NO. 212, 47 STAT. 405, 406, 419, PROVIDE:

SEC. 207. SECTION 3 OF THE SUBSISTENCE EXPENSE ACT OF 1926, APPROVED JUNE 3, 1926 (44 STAT. 688, 689), IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 3. 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, IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS AND STEWARDS, A PER DIEM ALLOWANCE TO BE PRESCRIBED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED, 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.'

SEC. 208. SECTIONS 4, 5, AND 6 OF THE SAID SUBSISTENCE EXPENSE ACT OF 1926 ARE HEREBY REPEALED, AND SECTION 7 THEREOF IS HEREBY AMENDED BY STRIKING OUT THE REFERENCE THEREIN TO ACTUAL EXPENSES SO THAT THE SECTION, AS AMENDED, WILL READ AS FOLLOWS:

"SEC. 7. THE FIXING AND PAYMENT, UNDER SECTION 3, OF PER DIEM ALLOWANCE, OR PORTIONS THEREOF, SHALL BE IN ACCORDANCE WITH REGULATIONS WHICH SHALL BE PROMULGATED BY THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS AND WHICH SHALL BE STANDARDIZED AS FAR AS PRACTICABLE AND SHALL NOT BE EFFECTIVE UNTIL APPROVED BY THE PRESIDENT OF THE UNITED STATES.'

SEC. 210. 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.

SEC. 803. THE PROVISIONS OF PART 2 HEREIN ARE HEREBY MADE APPLICABLE TO THE APPROPRIATIONS AVAILABLE FOR THE FISCAL YEAR 1933, WHETHER CONTAINED IN THIS ACT OR IN ACTS PRIOR OR SUBSEQUENT TO THE DATE OF THE APPROVAL OF THIS ACT.

THE SECTIONS OF THE ACT OF JUNE 30, 1932, QUOTED ABOVE, WERE ENACTED FOR THE PURPOSE OF STANDARDIZING SUBSISTENCE ALLOWANCES OF ALL GOVERNMENT OFFICERS AND EMPLOYEES. SECTION 210 SPECIFICALLY REPEALS ALL ACTS INCONSISTENT WITH THE PROVISIONS OF SECTION 207 AND 208. IN VIEW OF THE INTENT AND PURPOSES AS THUS EXPRESSED BY THE CONGRESS, SECTIONS 207 AND 208 HAVE BEEN HELD TO SUPERSEDE TO THE EXTENT OF ANY INCONSISTENCIES, ALL INCONSISTENT PROVISIONS IN STATUTES PREVIOUSLY ENACTED AND ALL SPECIAL PROVISIONS FOR SUBSISTENCE EXPENSES APPEARING IN APPROPRIATION ACTS FOR THE FISCAL YEAR 1933, EVEN THOUGH ENACTED SUBSEQUENTLY TO JUNE 30, 1932. 10 COMP. GEN. 409, A-39298, TO YOU, JULY 13, 1932, AND A-43360, JULY 16, 1932. SECTION 803 SPECIFICALLY MAKES APPROPRIATIONS SUBJECT TO PART 2 OF THE ACT, AND THE APPROPRIATIONS HERE CONCERNED ARE ACCORDINGLY SUBJECT TO THE PROVISIONS RELATING TO TRAVEL EXPENSES. IT MUST BE HELD, THEREFORE, THAT ALL OF THE OFFICERS AND EMPLOYEES NAMED IN YOUR SUBMISSION ARE SUBJECT TO THE PROVISIONS OF SECTION 207 OF THE SAID ACT OF JUNE 20, 1932, AND MAY NOT BE REIMBURSED FOR ACTUAL EXPENSES OF SUBSISTENCE, NOR MAY THEY BE PAID PER DIEM IN LIEU THEREOF IN EXCESS OF $5.