A-63682, AUGUST 5, 1935, 15 COMP. GEN. 98

A-63682: Aug 5, 1935

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IF TWO OR MORE JOURNEYS ARE MADE BETWEEN THE PLACES NAMED IN THE ORDER. THE OFFICER WILL BE ENTITLED TO REIMBURSEMENT FOR HIS ACTUAL AND NECESSARY TRAVELING EXPENSES AS AUTHORIZED BY LAW. I HAVE REQUESTED THAT THERE BE DETAILED TO MY STAFF IN WASHINGTON. THE WORK WILL BE ADDITIONAL TO THEIR REGULAR ASSIGNMENT. THESE OFFICERS WILL ACT AS DEPUTY FIELD SUPERVISORS. IT WILL BE NECESSARY THAT THEY TRAVEL TO VARIOUS RELIEF CENTERS ON A REPEATED TRAVEL BASIS. IT WILL ALSO BE NECESSARY FOR THEM TO SPEND FAIRLY PROTRACTED PERIODS OF TIME AT SOME OF THESE PLACES. THIS WILL ENTAIL QUITE AN EXPENSE TO THE OFFICERS CONCERNED. IN CARRYING OUT THE PROVISIONS OF THIS JOINT RESOLUTION THE PRESIDENT IS AUTHORIZED TO ESTABLISH AND PRESCRIBE THE DUTIES AND FUNCTIONS OF NECESSARY AGENCIES WITHIN THE GOVERNMENT.

A-63682, AUGUST 5, 1935, 15 COMP. GEN. 98

TRAVEL EXPENSES - REPEATED TRAVEL - ARMY OFFICER OFFICERS OF THE ARMY DETAILED FOR DUTY WITH THE WORKS PROGRESS ADMINISTRATION MAY BE DIRECTED BY THE ADMINISTRATOR OF THE WORKS PROGRESS ADMINISTRATION TO PERFORM TRAVEL REPEATEDLY BETWEEN TWO OR MORE PLACES PURSUANT TO THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AND IF TWO OR MORE JOURNEYS ARE MADE BETWEEN THE PLACES NAMED IN THE ORDER, THE OFFICER WILL BE ENTITLED TO REIMBURSEMENT FOR HIS ACTUAL AND NECESSARY TRAVELING EXPENSES AS AUTHORIZED BY LAW.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, WORKS PROGRESS ADMINISTRATION, AUGUST 5, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 10, 1935, AS FOLLOWS:

SECTION 3 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 EMPOWERS THE PRESIDENT TO AUTHORIZE EXPENDITURES FOR TRAVEL EXPENSES IN CARRYING OUT THE PROVISIONS OF THE ACT. SECTION 4 OF THE SAME ACT AUTHORIZES THE PRESIDENT TO ESTABLISH AND PRESCRIBE THE DUTIES AND FUNCTIONS WITHIN THE NECESSARY AGENCIES OF THE GOVERNMENT TO CARRY OUT ITS PROVISIONS.

EXECUTIVE ORDER 7034, IN PART 1 (C), MAKES THE WORKS PROGRESS ADMINISTRATION RESPONSIBLE TO THE PRESIDENT FOR THE COORDINATED EXECUTION OF THE WORKS RELIEF PROGRAM AS A WHOLE, AND PART V AUTHORIZES THE AGENCIES ESTABLISHED BY THE ORDER TO EMPLOY THE SERVICES AND MEANS MENTIONED IN SECTION 3 (A) OF THE EMERGENCY RELIEF APPROPRIATION ACT.

IN ACCORDANCE WITH THE FOREGOING CITED AUTHORITIES, I HAVE REQUESTED THAT THERE BE DETAILED TO MY STAFF IN WASHINGTON, OR IN SOME CASES TO STATE OR CITY WORKS PROGRESS ADMINISTRATION OFFICES, CERTAIN OFFICERS OF THE CORPS OF ENGINEERS. IN THOSE CASES WHERE NOT DETAILED TO MY STAFF IN WASHINGTON, AND IN SOME CASES WHERE ATTACHED TO MY STAFF, THE WORK WILL BE ADDITIONAL TO THEIR REGULAR ASSIGNMENT. THESE OFFICERS WILL ACT AS DEPUTY FIELD SUPERVISORS, SOMETIMES REPRESENTING MYSELF AND SOMETIMES REPRESENTING THE STATE OR CITY WORKS PROGRESS ADMINISTRATOR. CONNECTION WITH THEIR DUTIES WHILE ON THIS WORK, IT WILL BE NECESSARY THAT THEY TRAVEL TO VARIOUS RELIEF CENTERS ON A REPEATED TRAVEL BASIS. IT WILL ALSO BE NECESSARY FOR THEM TO SPEND FAIRLY PROTRACTED PERIODS OF TIME AT SOME OF THESE PLACES. THIS WILL ENTAIL QUITE AN EXPENSE TO THE OFFICERS CONCERNED, INASMUCH AS IN MOST CASES THEY MUST ESTABLISH TEMPORARY RESIDENCES AT THE PLACES TO WHICH SENT WHILE MAINTAINING HOMES AT THEIR PERMANENT STATIONS. I PROPOSE TO ISSUE REPEATED-TRAVEL ORDERS IN THE FORM SHOWN ATTACHED HERETO.

I REQUEST YOUR ADVICE AS TO WHETHER PAYMENT CAN BE PROPERLY MADE ON SUCH ORDERS.

SECTIONS 3 AND 4 OF THE ACT OF APRIL 8, 1935, 49 STAT. 117, MAKING APPROPRIATIONS FOR RELIEF PURPOSES, PROVIDE:

SEC. 3. IN CARRYING OUT THE PROVISIONS OF THIS JOINT RESOLUTION THE PRESIDENT MAY (A) AUTHORIZE EXPENDITURES FOR * * * TRAVEL EXPENSES, INCLUDING THE EXPENSE OF ATTENDANCE AT MEETINGS WHEN SPECIFICALLY AUTHORIZED; * * * AND (B) * * * UTILIZE SUCH FEDERAL OFFICERS AND EMPLOYEES, * * * AS MAY BE NECESSARY, * * *.

SEC. 4. IN CARRYING OUT THE PROVISIONS OF THIS JOINT RESOLUTION THE PRESIDENT IS AUTHORIZED TO ESTABLISH AND PRESCRIBE THE DUTIES AND FUNCTIONS OF NECESSARY AGENCIES WITHIN THE GOVERNMENT.

UNDER THE ESTABLISHED RULE PAYMENT OF THE TRAVELING ALLOWANCES AS FIXED BY LAW AND REGULATIONS FOR TRAVEL IN THE MILITARY SERVICE MAY BE MADE TO OFFICERS LEGALLY ASSIGNED TO DUTY WITH THE WORKS PROGRESS ADMINISTRATION UNDER SUCH EMERGENCY RELIEF APPROPRIATION. 1 COMP. GEN. 98; 2 ID. 635.

THE FORM OF REPEATED TRAVEL ORDERS, ATTACHED TO YOUR LETTER, AND REFERRED TO THEREIN, IS AS FOLLOWS:

1. THE WORKS PROGRESS ADMINISTRATOR HAVING DETERMINED THAT REPEATED TRAVEL BETWEEN THE BELOW-MENTIONED POINTS IS APPROPRIATE, YOU ARE HEREBY AUTHORIZED TO PERFORM SUCH TRAVEL, FROM TIME TO TIME, AS MAY BE NECESSARY FOR THE PURPOSE INDICATED BELOW, THIS BEING IN ADDITION TO YOUR PRESENT DUTIES:

WASHINGTON, D.C., AND NEW YORK CITY, AND POINTS WITHIN A RADIUS OF 50 MILES THEREOF AS IT MAY BE NECESSARY TO VISIT IN CONNECTION WITH YOUR DUTIES AS DEPUTY FIELD SUPERVISOR.

THIS AUTHORITY FOR REPEATED TRAVEL WILL TERMINATE OCTOBER 1, 1935.

2. YOU ARE AUTHORIZED TO PERFORM TRAVEL BY PUBLIC CONVEYANCE, OR IN LIEU THEREOF, IN YOUR PERSONALLY OWNED AUTOMOBILE, FOR WHICH YOU WILL BE REIMBURSED FOR THE OFFICIAL USE THEREOF, AT THE RATE OF THREE CENTS PER MILE, IN LIEU OF TRANSPORTATION FOR THE OFFICIAL DISTANCE VIA THE SHORTEST USUALLY TRAVELED ROUTE.

3. YOU WILL BE ENTITLED TO REIMBURSEMENT FOR EXPENSES, OTHER THAN THE ACTUAL COST OF TRAVEL, INCURRED IN THE EXECUTION OF THESE ORDERS, AT A FLAT RATE OF $5.00 PER DAY IN LIEU OF ACTUAL EXPENSES INCURRED, AS SPECIFIED IN THE ACT OF 10 JUNE 1932. (1922.)

4. SHOULD A RENEWAL OF THIS AUTHORITY BE CONSIDERED NECESSARY, YOU WILL, AT LEAST ONE MONTH PRIOR TO THE EXPIRATION THEREOF, NOTIFY THE WORK PROGRESS ADMINISTRATION TO THAT EFFECT, GIVING YOUR REASONS WHY A RENEWAL SHOULD BE GRANTED. RENEWALS WILL BE ISSUED BY THE WORKS PROGRESS ADMINISTRATOR.

HARRY L. KINNEAR,

CHIEF CLERK.

SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AUTHORIZES PAYMENT OF ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU OF SUBSISTENCE TO ARMY OFFICERS IN LIEU OF MILEAGE ONLY ,WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY," AND THE RIGHT TO SUCH ACTUAL AND NECESSARY EXPENSES IS NOT CONSUMMATED UNTIL HE ACTUALLY AND NECESSARILY PERFORMS TWO OR MORE ROUND TRIPS UNDER SUCH ORDERS. 2 COMP. GEN. 673; 4 ID. 507.

YOU ARE ADVISED THAT THERE IS PERCEIVED NO LEGAL OBJECTION TO THE ISSUANCE OF REPEATED TRAVEL ORDERS SUBSTANTIALLY IN THE FORM SET OUT, TO ARMY OFFICERS DETAILED FOR DUTY WITH THE WORKS PROGRESS ADMINISTRATION, AND IF AND WHEN TWO OR MORE ROUND TRIPS SHALL HAVE BEEN PERFORMED PURSUANT THERETO, AND IF OTHERWISE CORRECT, PAYMENTS OF ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU OF SUBSISTENCE, AS PROVIDED BY LAW, REGULATIONS, AND THE ORDERS, WILL BE PASSED TO CREDIT IN THE AUDIT.