B-147212, OCT. 4, 1961

B-147212: Oct 4, 1961

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WAS INCREASED FROM $15 TO $16 BY PUBLIC LAW 87-139. IS COMPLETELY INDEPENDENT OF ANY AUTHORITY CONTAINED IN 5 U.S.C. 73B-2. IN THE ABSENCE OF EVIDENCE OF INTENT IN PUBLIC LAW 87- 139 TO EXTEND THE AUTHORITY CONFERRED BY IT TO THE AREA REDEVELOPMENT ADMINISTRATION WE ARE UNABLE TO FIND A LEGAL BASIS FOR ALLOWING EXPERTS OR CONSULTANTS OF THAT ADMINISTRATION THE $16 RATE.

B-147212, OCT. 4, 1961

TO THE SECRETARY OF COMMERCE:

THIS REFERS TO LETTER OF SEPTEMBER 14, 1961, FROM THE ACTING EXECUTIVE ASSISTANT TO THE SECRETARY REQUESTING OUR DECISION UPON THE QUESTION WHETHER THE DEPARTMENT OF COMMERCE MAY ALLOW THE AREA REDEVELOPMENT ADMINISTRATION TO PAY ITS EXPERTS AND CONSULTANTS NOT TO EXCEED $16 PER DIEM IN LIEU OF SUBSISTENCE UNDER THE PROVISIONS OF PUBLIC LAW 87-139, APPROVED AUGUST 14, 1961.

SECTION 12, SUBSECTION 10 OF THE AREA REDEVELOPMENT ACT, PUBLIC LAW 87- 27, APPROVED MAY 1, 1961, AUTHORIZES THE SECRETARY OF COMMERCE IN PERFORMING HIS DUTIES UNDER PUBLIC LAW 87-27 TO PROCURE THE TEMPORARY SERVICE OF EXPERTS OR CONSULTANTS AND PAY THEM NOT TO EXCEED $15 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES.

AS STATED IN THE ACTING EXECUTIVE ASSISTANT'S LETTER, THE MAXIMUM RATE OF PER DIEM IN LIEU OF SUBSISTENCE UNDER SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, PUBLIC LAW 600, AS AMENDED, 5 U.S.C. 73B-2, WAS INCREASED FROM $15 TO $16 BY PUBLIC LAW 87-139, APPROVED AUGUST 14, 1961. WHILE PUBLIC LAW 87-139 EXPRESSLY AMENDS PARTS OF CERTAIN ACTS, IT CONTAINS NO GENERAL OR SPECIAL REPEAL PROVISION, OR ANY OTHER LANGUAGE WHICH WOULD EVIDENCE AN INTENT TO AMEND SECTION 12 (10) OF PUBLIC LAW 87- 27.

THE AUTHORITY CONFERRED BY PUBLIC LAW 87-27 TO PROCURE THE SERVICES OF EXPERTS OR CONSULTANTS AND TO ALLOW THEM NOT TO EXCEED $15 PER DIEM IN LIEU OF SUBSISTENCE, IS COMPLETELY INDEPENDENT OF ANY AUTHORITY CONTAINED IN 5 U.S.C. 73B-2. IN THE ABSENCE OF EVIDENCE OF INTENT IN PUBLIC LAW 87- 139 TO EXTEND THE AUTHORITY CONFERRED BY IT TO THE AREA REDEVELOPMENT ADMINISTRATION WE ARE UNABLE TO FIND A LEGAL BASIS FOR ALLOWING EXPERTS OR CONSULTANTS OF THAT ADMINISTRATION THE $16 RATE. SEE 35 COMP. GEN. 349.

THEREFORE, THE ACTING EXECUTIVE ASSISTANT'S QUESTION MUST BE ANSWERED IN THE NEGATIVE.

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