B-3752, MAY 29, 1939, 18 COMP. GEN. 897

B-3752: May 29, 1939

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OFFICERS "DETAILED FROM DISTANT HEADQUARTERS" WHO ARE IN A TRAVEL STATUS WHILE SO DETAILED MAY BE PAID A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $5 DURING THEIR ABSENCE FROM PERMANENT STATION ON DUTY WITH THE COMMISSIONER GENERAL. THE APPROPRIATION IS ALSO MADE AVAILABLE "FOR ENTERTAINMENT OF DISTINGUISHED GUESTS. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER. HASKELL IS OBLIGED TO MEET EXTRAORDINARY NECESSARY EXPENSES SUCH AS SPECIAL UNIFORMS AND THE VERY NUMEROUS INCIDENTAL EXPENSES ASSOCIATED WITH ATTENDANCE AT SOCIAL FUNCTIONS OF THE CHARACTER INVOLVED. ALTHOUGH THESE EXPENSE ITEMS ARE FOR THE MOST PART INDIVIDUALLY SMALL. IN THE AGGREGATE IT IS ESTIMATED THAT THEY REPRESENT A DAILY EXPENDITURE BY LIEUT.

B-3752, MAY 29, 1939, 18 COMP. GEN. 897

NEW YORK WORLD'S FAIR - ARMY OFFICER DETAILS - EXTRA EXPENSE COMMUTATION AND REIMBURSEMENT THE PROVISION IN SECTION 6 OF THE "JOINT RESOLUTION AUTHORIZING FEDERAL PARTICIPATION IN THE NEW YORK WORLD'S FAIR 1939," 50 STAT. 495, WHICH AUTHORIZES PAYMENT OF A PER DIEM IN LIEU OF ACTUAL SUBSISTENCE EXPENSE, HAS REFERENCE TO EXPENSES FOR SUBSISTENCE INCURRED WHILE IN A TRAVEL STATUS, AND A PER DIEM MAY NOT BE PAID, AS A COMMUTATION FOR PERSONAL EXPENSES, TO AN ARMY OFFICER DETAILED AS AIDE TO THE UNITED STATES COMMISSIONER GENERAL OF THE FAIR COMMISSION FROM HIS HEADQUARTERS AT GOVERNORS ISLAND WHO MAY BE REIMBURSED, ONLY ON OTHER THAN A COMMUTED BASIS, AND FOR SUCH ACTUAL EXTRAORDINARY NECESSARY EXPENSES, INCLUDING EXPENSE OF PROCURING SPECIAL UNIFORMS, AS MAY BE CERTIFIED BY THE COMMISSION AS REQUIRED TO FULFILL PROPERLY THE PURPOSES OF THE JOINT RESOLUTION; BUT OFFICERS "DETAILED FROM DISTANT HEADQUARTERS" WHO ARE IN A TRAVEL STATUS WHILE SO DETAILED MAY BE PAID A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $5 DURING THEIR ABSENCE FROM PERMANENT STATION ON DUTY WITH THE COMMISSIONER GENERAL, THEIR OTHER EXPENSES BEING REIMBURSABLE ONLY AS IN THE CASE OF THE AIDE REFERRED TO HEREINBEFORE.

COMPTROLLER GENERAL BROWN TO THE UNITED STATES COMMISSIONER GENERAL, UNITED STATES NEW YORK WORLD'S FAIR COMMISSION, MAY 29, 1939:

THERE HAS BEEN RECEIVED FROM THE EXECUTIVE ASSISTANT UNITED STATES COMMISSIONER, UNITED STATES NEW YORK WORLD'S FAIR COMMISSION, A LETTER DATED MAY 11, 1939, AS FOLLOWS:

PUBLIC RESOLUTION NO. 53, 75TH CONGRESS, CHAPTER 474, 1ST SESSION, HOUSE JOINT RESOLUTION 379, AUTHORIZING FEDERAL PARTICIPATION IN THE NEW YORK WORLD'S FAIR, 1939, PROVIDES IN PART THAT THE APPROPRIATION AUTHORIZED BY THE JOINT RESOLUTION SHALL BE AVAILABLE "FOR THE PAYMENT OF SALARIES OF OFFICERS AND EMPLOYEES OF THE GOVERNMENT EMPLOYED BY OR DETAILED FOR DUTY WITH THE COMMISSION, FOR ACTUAL TRAVEL EXPENSES, INCLUDING TRAVEL BY AIR, AND FOR PER DIEM IN LIEU OF ACTUAL SUBSISTENCE AT NOT TO EXCEED $5.00 PER DAY: PROVIDED, THAT NO GOVERNMENT OFFICIAL OR EMPLOYEE DETAILED FOR DUTY WITH THE COMMISSION SHALL RECEIVE A SALARY IN EXCESS OF THE RATE WHICH HE HAS BEEN RECEIVING IN THE DEPARTMENT OR BRANCH WHERE REGULARLY EMPLOYED" (REFERENCE SECTION 5). THE APPROPRIATION IS ALSO MADE AVAILABLE "FOR ENTERTAINMENT OF DISTINGUISHED GUESTS; AND FOR ALL OTHER EXPENSES AS MAY BE DEEMED NECESSARY BY THE COMMISSION TO FULFILL PROPERLY THE PURPOSES OF THIS JOINT RESOLUTION" (REFERENCE SECTION 5).

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER, UNDER THE ABOVE PROVISIONS OF THE ACT, PAYMENT OF AN ALLOWANCE OF $10.00 PER DIEM TO COVER EXPENSES MAY BE MADE TO AN OFFICER OF THE U.S. ARMY, DETAILED BY THE WAR DEPARTMENT TO ACT AS MILITARY AIDE TO THE U.S. COMMISSIONER GENERAL OF THE UNITED STATES NEW YORK WORLD'S FAIR COMMISSION.

JOSEPH F. HASKELL, 1ST LIEUTENANT CAVALRY, HEADQUARTERS 2D CORPS AREA, GOVERNORS' ISLAND, NEW YORK (DETACHED OFFICERS' LIST), HAS BEEN ASSIGNED BY THE WAR DEPARTMENT TO SERVE AS MILITARY AIDE TO U.S. COMMISSIONER GENERAL EDWARD J. FLYNN FOR THE PERIOD OF THE NEW YORK WORLD'S FAIR, 1939. IN THE COURSE OF THIS DUTY, WHICH INVOLVES ATTENDANCE AT A LARGE NUMBER OF SOCIAL FUNCTIONS AT THE FAIR GROUNDS AND IN MANHATTAN, LIEUT. HASKELL IS OBLIGED TO MEET EXTRAORDINARY NECESSARY EXPENSES SUCH AS SPECIAL UNIFORMS AND THE VERY NUMEROUS INCIDENTAL EXPENSES ASSOCIATED WITH ATTENDANCE AT SOCIAL FUNCTIONS OF THE CHARACTER INVOLVED. ALTHOUGH THESE EXPENSE ITEMS ARE FOR THE MOST PART INDIVIDUALLY SMALL, IN THE AGGREGATE IT IS ESTIMATED THAT THEY REPRESENT A DAILY EXPENDITURE BY LIEUT. HASKELL IN EXCESS OF $10.00 PER DIEM AVERAGE.

IF THIS CANNOT BE PAID AS A PER DIEM UNDER THE LAW, MAY A PER DIEM OF $5.00 FOR HIS PERSONAL EXPENSES BE PAID TO LIEUTENANT HASKELL AND IN ADDITION SUCH ACTUAL EXPENSES AS MAY BE CERTIFIED TO BY THE COMMISSION AS NECESSARY IN CARRYING OUT THE PURPOSE OF THE JOINT RESOLUTION?

THE SALARY OF LIEUT. HASKELL IS BEING PAID BY THE WAR DEPARTMENT, AND IT IS THE OPINION OF THE COMMISSION THAT HIS SERVICE AS MILITARY AIDE TO THE COMMISSIONER GENERAL IS NECESSARY TO FULFILL THE PURPOSES OF THE SUBJECT JOINT RESOLUTION.

IN REQUESTING YOUR ADVANCE DECISION IN THIS MATTER, MAY WE REFER TO DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES A-87301, AND ASK ALSO IF ALLOWANCES AS DISCUSSED ABOVE CAN BE LEGALLY MADE TO OFFICERS DETAILED FROM DISTANT HEADQUARTERS?

INASMUCH AS LIEUT. HASKELL IS AT PRESENT DEFRAYING PERSONALLY THE EXPENSES INCIDENTAL TO HIS SERVICE FOR THE COMMISSION, WE WOULD APPRECIATE IT VERY MUCH IF YOU COULD RENDER AN EARLY DECISION.

THE ACT OF AUGUST 25, 1937, 50 STAT. 759, APPROPRIATED $3,000,000 FOR CARRYING INTO EFFECT THE PROVISIONS OF THE PUBLIC RESOLUTION ENTITLED "JOINT RESOLUTION AUTHORIZING FEDERAL PARTICIPATION IN THE NEW YORK WORLD'S FAIR, 1939" APPROVED JULY 9, 1937, TO REMAIN AVAILABLE UNTIL TERMINATION OF THE COMMISSION.

SECTION 6 OF THE JOINT RESOLUTION OF JULY 9, 1937, 50 STAT. 495, PROVIDED, IN PART, AS FOLLOWS:

* * * THE APPROPRIATION AUTHORIZED BY THIS JOINT RESOLUTION SHALL BE AVAILABLE * * * FOR THE PURCHASE OF UNIFORMS, FOR THE COMPENSATION OF SAID COMMISSIONER, ASSISTANT COMMISSIONERS, AND OTHER OFFICERS AND EMPLOYEES OF THE COMMISSION IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, FOR THE PAYMENT OF SALARIES OF OFFICERS AND EMPLOYEES OF THE GOVERNMENT EMPLOYED BY OR DETAILED FOR DUTY WITH THE COMMISSION, FOR ACTUAL TRAVELING EXPENSES, INCLUDING TRAVEL BY AIR, AND FOR PER DIEM IN LIEU OF ACTUAL SUBSISTENCE AT NOT TO EXCEED $5 PER DAY:PROVIDED, THAT NO GOVERNMENT OFFICIAL OR EMPLOYEE DETAILED FOR DUTY WITH THE COMMISSION SHALL RECEIVE A SALARY IN EXCESS OF THE RATE WHICH HE HAS BEEN RECEIVING IN THE DEPARTMENT OR BRANCH WHERE REGULARLY EMPLOYED; * * * AND FOR ALL OTHER EXPENSES AS MAY BE DEEMED NECESSARY BY THE COMMISSION TO FULFILL PROPERLY THE PURPOSES OF THIS JOINT RESOLUTION. * * *

THE PROVISION CONTAINED IN THE JOINT RESOLUTION AUTHORIZING PAYMENT OFA PER DIEM IN LIEU OF ACTUAL SUBSISTENCE EXPENSES AT NOT TO EXCEED $5 HAS REFERENCE TO EXPENSES FOR SUBSISTENCE INCURRED WHILE THE OFFICERS OR EMPLOYEES ARE IN A TRAVEL STATUS AND FOLLOWS SUBSTANTIALLY THE GENERAL LAW GOVERNING THE PAYMENT OF PER DIEM; IF ANY DOUBT EXISTED THAT SUCH PROVISION WAS NOT AVAILABLE FOR PAYMENT TO OFFICERS OR EMPLOYEES DETAILED FOR DUTY WITH THE COMMISSION WHEN NOT IN A TRAVEL STATUS, THE PROVISO THAT THEY SHALL NOT RECEIVE A SALARY IN EXCESS OF THE RATE RECEIVED WHERE REGULARLY EMPLOYED IS PERSUASIVE THAT THE AUGMENTING OF THEIR STATUTORY PAY BY THE PAYMENT OF PER DIEM WAS NOT INTENDED OR CONTEMPLATED. THIS PER DIEM OF $5 PROVIDED BY THE JOINT RESOLUTION MAY NOT LEGALLY BE PAID AS A COMMUTATION VALUE FOR PERSONAL EXPENSES OF FIRST LT. JOSEPH F. HASKELL, CAVALRY, UNITED STATES ARMY, WHILE SERVING AS AIDE TO THE COMMISSIONER, BUT THERE APPEARS NO LEGAL OBJECTION TO THE REIMBURSEMENT TO HIM OF SUCH ACTUAL EXTRAORDINARY NECESSARY EXPENSES (INCLUDING THE EXPENSE OF PROCURING SPECIAL UNIFORMS), AS MAY BE CERTIFIED BY THE COMMISSION AS REQUIRED TO FULFILL PROPERLY THE PURPOSES OF THE JOINT RESOLUTION, BUT SUCH EXPENSES MAY NOT BE COMMUTED.

AS TO OFFICERS "DETAILED FROM DISTANT HEADQUARTERS," IF THE OFFICERS ARE IN A TRAVEL STATUS AND ABSENT FROM THEIR PERMANENT ARMY STATIONS WHILE SO DETAILED NO OBJECTION IS PERCEIVED TO PAYMENT TO THEM OF A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $5 DURING THEIR ABSENCE ON DUTY WITH THE UNITED STATES COMMISSIONER GENERAL. AS TO THEIR OTHER EXPENSES THE RULE WOULD BE THE SAME AS IN THE CASE OF THEIR MILITARY AIDE TO THE UNITED STATES COMMISSIONER GENERAL AS DISCUSSED ABOVE.