B-141349, DEC. 9, 1959

B-141349: Dec 9, 1959

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YOU ARE PARTICULARLY INTERESTED IN KNOWING WHETHER THE PROVISIONS OF 5 U.S.C. 69 TO 72. IT HAS BEEN HELD THAT AUTHORIZED TRAVELING EXPENSES ARE NOT A PART OF THE COMPENSATION AND ALLOWANCES REFERRED TO IN RS 1764. ARE "AN EXPENSE INCIDENT TO A PUBLIC SERVICE. IT WOULD SEEM THAT THIS INTERPRETATION IS APPLICABLE ALSO TO THE PROHIBITION OF EXTRA COMPENSATION OR PERQUISITES AS CONTAINED IN 08 STAT. 109. IN CASES DEALING WITH AN EMPLOYEE TEMPORARILY PERFORMING SERVICE FOR AN AGENCY OTHER THAN THE ONE BY WHICH HE IS EMPLOYED. WE HAVE HELD THAT TRAVEL EXPENSES ARISING OUT OF THE DUTY PERFORMED FOR THE BORROWING AGENCY ARE AN OBLIGATION OF THE BORROWING AGENCY.

B-141349, DEC. 9, 1959

TO HONORABLE WARREN OLNEY III, DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:

ON NOVEMBER 27, 1959, YOU REQUESTED OUR DECISION CONCERNING THE LEGALITY OF THE REIMBURSEMENT OF A JUDGE OF THE UNITED STATES COURT OF APPEALS FROM DEPARTMENT OF STATE APPROPRIATIONS FOR TRAVEL EXPENSES INCURRED ON A TRIP TO THE MADE BY THE JUDGE THROUGH THE FAR EAST AT THE REQUEST OF THE DEPARTMENT OF STATE FOR THE PURPOSE OF MAKING A SERIES OF SPEECHES. YOU ARE PARTICULARLY INTERESTED IN KNOWING WHETHER THE PROVISIONS OF 5 U.S.C. 69 TO 72, INCLUSIVE, APPLY.

IT HAS BEEN HELD THAT AUTHORIZED TRAVELING EXPENSES ARE NOT A PART OF THE COMPENSATION AND ALLOWANCES REFERRED TO IN RS 1764; 5 U.S.C. 69, AND RS 1765, 5 U.S.C. 70, BUT ARE "AN EXPENSE INCIDENT TO A PUBLIC SERVICE, WHICH THE OFFICIAL DUTY OF THE OFFICER DOES NOT SUBJECT HIM TO, AND OUGHT TO BE BORNE BY THE DEPARTMENT.' 4 OP.ATTY.GEN. 372. SEE ALSO 3 OP.ATTY.GEN. 473. IT WOULD SEEM THAT THIS INTERPRETATION IS APPLICABLE ALSO TO THE PROHIBITION OF EXTRA COMPENSATION OR PERQUISITES AS CONTAINED IN 08 STAT. 109, 5 U.S.C. 71. THE PROHIBITION OF 38 STAT. 680, 5 U.S.C. 72 RELATES TO THE PAYMENT OF ADDITIONAL COMPENSATION TO AN EMPLOYEE FOR ANY EMPLOYMENT HELD PRIOR TO AN APPOINTMENT OR DESIGNATION AS ACTING FOR OR INSTEAD OF THE OCCUPANT OF ANY OTHER OFFICE AND WOULD NOT APPEAR TO BE APPLICABLE HERE.

IN CASES DEALING WITH AN EMPLOYEE TEMPORARILY PERFORMING SERVICE FOR AN AGENCY OTHER THAN THE ONE BY WHICH HE IS EMPLOYED, WE HAVE HELD THAT TRAVEL EXPENSES ARISING OUT OF THE DUTY PERFORMED FOR THE BORROWING AGENCY ARE AN OBLIGATION OF THE BORROWING AGENCY, EVEN THOUGH--- EXCEPT FOR LOANS OR DETAILS IN ACCORDANCE WITH AN AGREEMENT UNDER SECTION 601 OF THE ACT OF JUNE 30, 1932, 31 U.S.C. 686--- THE EMPLOYEE'S COMPENSATION CONTINUES TO BE PAID BY THE EMPLOYING AGENCY. 15 COMP. GEN. 334; 7 ID. 709; 6 ID. 217.