B-43603, SEPTEMBER 8, 1944, 24 COMP. GEN. 200

B-43603: Sep 8, 1944

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OR PURSUANT TO INSTRUCTIONS FIXING THE CONDITIONS UNDER WHICH THE PER DIEM ALLOWANCE WILL BE PAID. IN PRESCRIBING THE CONDITIONS UNDER WHICH A PER DIEM ALLOWANCE INSTEAD OF MILEAGE WILL BE PAID FOR UNREPEATED TRAVEL BY ARMY OFFICERS ASSIGNED OR DETAILED TO A CONSTITUENT AGENCY OF THE OFFICE FOR EMERGENCY MANAGEMENT. UNDER THE ESTABLISHED RULE THAT MILITARY AND NAVAL OFFICERS TRAVELING FOR CIVILIAN AGENCIES ARE ENTITLED TO TRAVEL ALLOWANCES ON THE SAME BASIS AS THOUGH TRAVELING FOR THEIR OWN SERVICES. SERVICES ARE MADE AVAILABLE BY SECTION 211 OF THE INDEPENDENT OFFICES APPROPRIATION ACT. FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES.

B-43603, SEPTEMBER 8, 1944, 24 COMP. GEN. 200

TRAVELING EXPENSES - MILITARY, ETC., PERSONNEL DETAILED TO CIVILIAN AGENCY THE CURRENT STATUTORY AUTHORITY TO AUTHORIZE, ALTERNATELY, THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE OR MILEAGE, AS CIRCUMSTANCES WARRANT, FOR UNREPEATED TRAVEL BY ARMY AND NAVY OFFICERS MAY BE EXERCISED BY THE HEAD OF A CIVILIAN AGENCY IN DIRECTING TRAVEL OF OFFICERS ASSIGNED OR DETAILED THERETO, A PER DIEM ALLOWANCE INSTEAD OF MILEAGE MAY BE PAID TO ARMY OFFICERS ASSIGNED OR DETAILED TO A CONSTITUENT AGENCY OF THE OFFICE FOR EMERGENCY MANAGEMENT, UNDER ORDERS DIRECTING TRAVEL ON A PER DIEM BASIS, OR PURSUANT TO INSTRUCTIONS FIXING THE CONDITIONS UNDER WHICH THE PER DIEM ALLOWANCE WILL BE PAID, ISSUED BY THE HEAD OF SUCH AGENCY. IN PRESCRIBING THE CONDITIONS UNDER WHICH A PER DIEM ALLOWANCE INSTEAD OF MILEAGE WILL BE PAID FOR UNREPEATED TRAVEL BY ARMY OFFICERS ASSIGNED OR DETAILED TO A CONSTITUENT AGENCY OF THE OFFICE FOR EMERGENCY MANAGEMENT, THE HEAD OF SUCH AGENCY MAY ADOPT, TO THE EXTENT DEEMED ADMINISTRATIVELY APPROPRIATE, THE PROVISIONS OF WAR DEPARTMENT CIRCULAR NO. 60--- OR THE SUPERSEDING CIRCULAR, NO. 260--- PRESCRIBING PURSUANT TO STATUTORY AUTHORITY THE CONDITIONS UNDER WHICH ARMY OFFICERS TRAVELING ON OFFICIAL BUSINESS FOR THEIR OWN SERVICE WOULD BE PAID A PER DIEM ALLOWANCE INSTEAD OF MILEAGE FOR UNREPEATED TRAVEL. UNDER THE ESTABLISHED RULE THAT MILITARY AND NAVAL OFFICERS TRAVELING FOR CIVILIAN AGENCIES ARE ENTITLED TO TRAVEL ALLOWANCES ON THE SAME BASIS AS THOUGH TRAVELING FOR THEIR OWN SERVICES, EVEN THOUGH SUCH ALLOWANCES BE PAID FROM THE APPROPRIATIONS MADE FOR THE CIVILIAN AGENCY, THE APPROPRIATIONS FOR THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT MAY BE CONSIDERED AVAILABLE FOR THE PAYMENT TO ARMY OFFICERS DETAILED TO SUCH AGENCIES OF PER DIEM IN LIEU OF SUBSISTENCE AT NOT TO EXCEED $7 PER DAY, THE MAXIMUM RATE FOR WHICH APPROPRIATIONS FOR THE MILITARY, NAVAL, ETC., SERVICES ARE MADE AVAILABLE BY SECTION 211 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1945.

ASSISTANT COMPTROLLER GENERAL YATES TO THE DIRECTOR, DIVISION OF CENTRAL ADMINISTRATIVE SERVICES, OFFICE FOR EMERGENCY MANAGEMENT, SEPTEMBER 8, 1944:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JULY 29, 1944, AS FOLLOWS:

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, PROVIDES AS FOLLOWS:

"SEC. 12. OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD, WHILE ON ACTIVE DUTY IN THE FEDERAL SERVICE, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED, IN THE TITLE OF THIS ACT, BUT IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDERS IN ALASKA AND OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA.

"UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6, IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY: PROVIDED, THAT FOR TRAVEL BY AIR UNDER COMPETENT ORDERS ON DUTY WITHOUT TROOPS, UNDER REGULATIONS TO BE PRESCRIBED RESPECTIVELY BY THE HEADS OF THE DEPARTMENTS CONCERNED, MEMBERS (INCLUDING OFFICERS, WARRANT OFFICERS, CONTRACT SURGEONS, ENLISTED MEN, AVIATION CADETS, AND MEMBERS OF THE NURSE CORPS) OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, AND OF THE LEGALLY CONSTITUTED RESERVES OF SAID SERVICES WHILE ON ACTIVE DUTY, AND OF THE NATIONAL GUARD WHILE IN FEDERAL SERVICE, OR WHILE PARTICIPATING IN EXERCISES, OR PERFORMING DUTIES UNDER SECTION 92, 94, 97, OR 99 OF THE NATIONAL DEFENSE ACT, SHALL, IN LIEU OF MILEAGE OR OTHER TRAVEL ALLOWANCES, BE ALLOWED AND PAID THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES NOT TO EXCEED $8 PER DAY, OR, IN LIEU THEREOF, PER DIEM ALLOWANCES AT RATES NOT TO EXCEED $6 PER DAY.'

THE MILITARY APPROPRIATIONS ACT, 1945, PUBLIC LAW 374, APPROVED JUNE 28, 1944, PROVIDES IN PART UNDER THE HEADING FINANCE DEPARTMENT:

"PROVIDED FURTHER, THAT THE SECRETARY OF WAR, IN PRESCRIBING PER DIEM RATES OF ALLOWANCE IN ACCORDANCE WITH LAW FOR OFFICERS AND WARRANT OFFICERS OF THE ARMY OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, IS HEREBY AUTHORIZED TO PRESCRIBE SUCH PER DIEM RATES OF ALLOWANCE, WHETHER OR NOT ORDERS ARE GIVEN TO SUCH OFFICERS FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AND WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER SUCH ORDERS, AND ALSO THE ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU THEREOF AS HE MAY DETERMINE AND APPROVE FOR MILITARY AND CIVILIAN PERSONNEL IN AND UNDER THE MILITARY ESTABLISHMENT ON SPECIAL DUTY IN FOREIGN COUNTRIES * * *.'

IN A DECISION RENDERED TO ME, B-41305, DATED JUNE 7, 1944, IT WAS HELD THAT THE PROVISIONS OF WAR DEPARTMENT CIRCULAR 60 WERE NOT FOR APPLICATION TO TRAVEL PERFORMED BY ARMY OFFICERS DETAILED TO THE SELECTIVE SERVICE SYSTEM AND PERFORMING TRAVEL UNDER AUTHORITY OF ORDERS ISSUED BY THE DIRECTOR OF THE SELECTIVE SERVICE. THIS DECISION FURTHER IMPLIED THAT THE PROVISIONS OF WAR DEPARTMENT CIRCULAR NO. 60 DID NOT EXTEND TO OFFICER PERSONNEL DETAILED TO CIVILIAN AGENCIES ALTHOUGH THE TRAVEL EXPENSES ACTUALLY BE PAID FROM THE APPROPRIATION OF THE CIVILIAN AGENCY.

IN EFFECT THIS APPEARS TO RESOLVE ITSELF INTO AN EXCEPTION TO THE GENERAL RULE THAT UNLESS OTHER ALLOWANCES ARE PROVIDED BY SPECIFIC LEGISLATION, OFFICERS OF THE LAND AND NAVAL FORCES DETAILED TO DUTY WITH CIVILIAN AGENCIES OF THE GOVERNMENT ARE ENTITLED ONLY TO THEIR MILITARY OR NAVAL PAY AND ALLOWANCES AS PROVIDED BY LAW, AND THEREFORE, TO THE SAME ALLOWANCES FOR TRAVEL PERFORMED UNDER SUCH DETAILS AS WOULD BE PAYABLE WERE THEY TRAVELING ON DUTY OF THE SERVICE FROM WHICH DETAILED, ALTHOUGH SUCH ALLOWANCES ACTUALLY BE PAID FROM APPROPRIATIONS OF THE CIVILIAN AGENCY. 1 COMP. GEN. 98; 15 ID. 98; 18 ID. 923.

IN VIEW OF THE LANGUAGE CONTAINED IN PUBLIC LAW 374, SUPRA, SPECIFICALLY VESTING THE DISCRETION IN THE SECRETARY OF WAR TO PRESCRIBE PER DIEM RATES OF ALLOWANCE IRRESPECTIVE OF WHETHER OR NOT ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, I WOULD APPRECIATE YOU ADVISING ME WHETHER THE HEAD OF ANY CIVILIAN AGENCY TO WHOM OFFICER PERSONNEL OF THE ARMY HAVE BEEN DETAILED MAY ELECT TO ADOPT THE PROVISIONS OF WAR DEPARTMENT CIRCULAR 60 AND PRESCRIBE PER DIEM RATES OF ALLOWANCE WHETHER OR NOT THE TRAVEL INVOLVED IS REPEATED TRAVEL. (EXCEPT THAT HE MAY NOT PRESCRIBE $7 PER DIEM.)

IF THE ANSWER TO THIS QUESTION IS IN THE NEGATIVE, WOULD THE HEAD OF THE CIVILIAN AGENCY BE REQUIRED TO AUTHORIZE REIMBURSEMENT FOR TRAVEL TO ARMY PERSONNEL DETAILED TO SUCH AGENCY IN ACCORDANCE WITH THE PAY READJUSTMENT ACT OF 1942, SUPRA.

IT IS ASSUMED THAT YOUR QUESTIONS RELATE TO ARMY OFFICERS DETAILED TO THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT, AND THS SUBMISSION WILL BE ANSWERED ON THAT BASIS.

THE INSTRUCTION CONTAINED IN WAR DEPARTMENT CIRCULAR NO. 60, FEBRUARY 10, 1944, WERE ISSUED UNDER THE AUTHORITY OF PROVISIONS CONTAINED IN THE MILITARY APPROPRIATION ACT, 1944, 57 STAT. 351, SIMILAR TO THOSE QUOTED IN YOUR LETTER FROM THE MILITARY APPROPRIATION ACT, 1945, 58 STAT. 577, AND PRESCRIBED THE CONDITIONS UNDER WHICH ARMY OFFICERS TRAVELING ON OFFICIAL BUSINESS WOULD BE PAID A PER DIEM ALLOWANCE INSTEAD OF MILEAGE FOR UNREPEATED TRAVEL. IN THE DECISION OF JUNE 7, 1944, B-41305, TO WHICH YOU REFER, IT WAS HELD, IN EFFECT, THAT THE PROVISIONS OF SAID CIRCULAR NO. 60, DID NOT APPLY OF THEIR OWN FORCE TO ARMY OFFICERS ASSIGNED OR DETAILED TO THE SELECTIVE SERVICE SYSTEM OR TO OTHER OFFICER PERSONNEL OF THE SELECTIVE SERVICE, WHETHER TRAVELING UNDER ORDERS OF SUCH AGENCY OR OF SOME OTHER CONSTITUENT AGENCY OF THE OFFICE FOR EMERGENCY MANAGEMENT. WAS POINTED OUT THAT THE SAID PROVISIONS CONTAINED IN THE MILITARY APPROPRIATION ACT, 1944, AND SIMILAR PROVISIONS FOR THE NAVY CONTAINED IN THE NAVAL APPROPRIATION ACT, 1944, 57 STAT. 204, GAVE THE HEAD OF THE DEPARTMENT CONCERNED AN ELECTION TO PRESCRIBE A PER DIEM INSTEAD OF MILEAGE FOR OFFICIAL TRAVEL AS MIGHT BE FOUND APPROPRIATE IN EACH SERVICE OR IN PARTICULAR CASES. IT WAS FURTHER POINTED OUT THAT IN VIEW OF THE LIKE AUTHORITY CONFERRED ON THE DIRECTOR OF SELECTIVE SERVICE IN THE WAR MANPOWER COMMISSION APPROPRIATION ACT, 1944, 57 STAT. 519, TO AUTHORIZE A PER DIEM INSTEAD OF MILEAGE WITH RESPECT TO THE TRAVEL OF OFFICERS OF THE ARMY, NAVY AND MARINE CORPS AND THEIR RESERVE COMPONENTS, IT WAS EVIDENT THAT THE AUTHORITY OF THE SECRETARY OF WAR TO ELECT TO PRESCRIBE A PER DIEM INSTEAD OF MILEAGE, EITHER GENERALLY OR IN INDIVIDUAL CASES, WAS NOT INTENDED TO EXTEND TO ARMY OFFICERS DETAILED OR ASSIGNED TO THE SELECTIVE SERVICE SYSTEM, THE AUTHORITY TO MAKE THE ELECTION WITH RESPECT TO THE TRAVEL OF SUCH OFFICERS BEING PLACED IN THE DIRECTOR OF SELECTIVE SERVICE. THE DECISION NEITHER HELD, NOR PURPORTED TO HOLD, THAT A PER DIEM INSTEAD OF MILEAGE FOR UNREPEATED TRAVEL MIGHT NOT BE PRESCRIBED FOR ARMY OFFICERS ASSIGNED OR DETAILED TO OTHER CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT AND YOUR PRESENT SUBMISSION IS UNDERSTOOD AS RAISING THAT QUESTION UNDER THE LONG ESTABLISHED RULE THAT, UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, ARMY AND NAVY OFFICERS DETAILED TO DUTY WITH CIVILIAN AGENCIES ARE TO BE PAID THEIR REGULAR MILITARY TRAVEL ALLOWANCES ALTHOUGH THE TRAVEL BE DIRECTED BY THE CIVILIAN AGENCY AND BE PAID FOR FROM THE APPROPRIATIONS OF THE CIVILIAN AGENCY. IN CONNECTION WITH THAT QUESTION, THERE ARISES THE FURTHER QUESTION--- IF A PER DIEM INSTEAD OF MILEAGE MAY BE SO PRESCRIBED FOR ARMY OFFICERS DETAILED TO CIVILIAN AGENCIES, AS CURRENTLY AUTHORIZED BY LAW FOR ARMY OFFICERS GENERALLY--- WHETHER SUCH PER DIEM INSTEAD OF MILEAGE MAY BE PRESCRIBED BY THE HEAD OF THE AGENCY AUTHORIZED TO DIRECT THE TRAVEL.

SECTION 12 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 631, CONTAINED PROVISIONS LIKE THOSE CONTAINED IN THE FIRST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, QUOTED IN YOUR LETTER, AUTHORIZING THE HEAD OF THE DEPARTMENT CONCERNED,"IN HIS DISCRETION," TO DIRECT THAT ACTUAL AND NECESSARY EXPENSES--- INSTEAD OF MILEAGE--- BE ALLOWED OFFICERS "IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES" AND FURTHER AUTHORIZING THE HEADS OF THE DEPARTMENTS CONCERNED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE IN LIEU OF SUBSISTENCE FOR OFFICERS SO TRAVELING. DECISION OF AUGUST 5, 1935, 15 COMP. GEN. 98, IT WAS HELD THAT OFFICERS OF THE ARMY DETAILED FOR DUTY WITH THE WORKS PROGRESS ADMINISTRATION MIGHT BE DIRECTED BY THE ADMINISTRATOR OF THE WORKS PROGRESS ADMINISTRATION TO PERFORM TRAVEL REPEATEDLY BETWEEN TWO OR MORE PLACES PURSUANT TO THE SAID PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 10, 1922, AND IF TWO OR MORE JOURNEYS WERE MADE BETWEEN THE PLACES NAMED IN ORDER THE OFFICER WOULD BE ENTITLED TO REIMBURSEMENT OF HIS ACTUAL AND NECESSARY EXPENSES OR A PER DIEM IN LIEU OF SUBSISTENCE, AS PROVIDED BY LAW, REGULATIONS, AND THE TRAVEL ORDERS. THAT DECISION APPARENTLY RECOGNIZED THAT WHERE AN ELECTION EXISTS UNDER THE STATUTE TO DIRECT PAYMENT OF TRAVEL ALLOWANCES TO MILITARY OFFICERS UNDER ONE OR THE OTHER OF TWO ALTERNATIVE METHODS, SUCH ELECTION MAY BE EXERCISED BY THE HEAD OF A CIVILIAN AGENCY AUTHORIZED TO DIRECT THE TRAVEL OF MILITARY OFFICERS ASSIGNED OR DETAILED TO SUCH AGENCY. THE PRINCIPLE OF THAT DECISION WOULD APPEAR TO BE IN CONSONANCE WITH THE PURPOSE OF SUCH ALTERNATIVE PROVISIONS TO PERMIT THE TRAVEL ALLOWANCES TO BE ADAPTED TO THE CIRCUMSTANCES AND CHARACTER OF THE TRAVEL INVOLVED. THE SAME PRINCIPLE WOULD APPLY LIKEWISE TO THE CURRENT EXTENSIONS OF THE SAID PROVISIONS CONTAINED IN SECTION 12 TO AUTHORIZE, ALTERNATIVELY, THE PAYMENT OF A PER DIEM OR MILEAGE, AS CIRCUMSTANCES WARRANT, FOR TRAVEL BY ARMY AND NAVY OFFICERS UNDER ORDERS NOT REQUIRING REPEATED TRAVEL.

YOU ARE ADVISED, THEREFORE, THAT THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO PAYMENTS, OTHERWISE CORRECT AND PROPER, OF A PER DIEM ALLOWANCE INSTEAD OF MILEAGE TO OFFICERS WITHIN SUCH STATUTORY PROVISIONS ASSIGNED OR DETAILED TO THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT, UNDER ORDERS ISSUED BY THE HEADS OF SUCH AGENCIES DIRECTING TRAVEL ON A PER DIEM BASIS OR PURSUANT TO INSTRUCTIONS ISSUED BY THE HEADS OF SUCH AGENCIES FIXING THE CONDITIONS UNDER WHICH A PER DIEM ALLOWANCE INSTEAD OF MILEAGE WILL BE PAID TO OFFICERS DETAILED OR ASSIGNED TO SUCH AGENCIES. IN THAT CONNECTION, THERE WOULD APPEAR TO BE NO REASON WHY THE HEAD OF ANY SUCH AGENCY SHOULD NOT "ADOPT" THE PROVISIONS OF WAR DEPARTMENT CIRCULAR NO. 60--- OR THOSE OF WAR DEPARTMENT CIRCULAR NO. 260, DATED JUNE 26, 1944, WHICH SUPERSEDED CIRCULAR NO. 60--- TO THE EXTENT THAT THOSE PROVISIONS MAY BE DEEMED ADMINISTRATIVELY APPROPRIATE TO THE CIRCUMSTANCES AND CONDITIONS OF TRAVEL BY MILITARY OFFICERS FOR SUCH CIVILIAN AGENCY.

YOUR LETTER INDICATES, PARENTHETICALLY, AN ASSUMPTION THAT THE PER DIEM ALLOWANCE IN SUCH CASES WOULD BE LIMITED TO $6 A DAY. THAT APPARENTLY IS PREDICATED ON THE SAID DECISION OF JUNE 7, 1944, WHERE IT WAS POINTED OUT THAT SECTION 119 OF THE NAVAL APPROPRIATION ACT, 1944, APPROVED JUNE 26, 1943, 57 STAT. 217, MAKING FUNDS APPROPRIATED IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1944 FOR THE SERVICES MENTIONED IN THE TITLE OF THE PAY READJUSTMENT ACT OF 1942, BUT NOT OTHER APPROPRIATIONS, AVAILABLE FOR, AND AUTHORIZING THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED TO PRESCRIBE, PER DIEM ALLOWANCES "AT RATES NOT TO EXCEED $7 PER DAY" FOR OFFICERS TRAVELING ON OFFICIAL BUSINESS, COULD NOT BE CONSIDERED AS EXTENDING TO OFFICERS ASSIGNED OR DETAILED TO THE SELECTIVE SERVICE SYSTEM, IN VIEW OF THE PROVISIONS CONTAINED IN THE SUBSEQUENTLY ENACTED WAR MANPOWER COMMISSION APPROPRIATION ACT, 1944, APPROVED JULY 12, 1943, 57 STAT. 519, SPECIFICALLY AUTHORIZING THE DIRECTOR OF SELECTIVE SERVICE TO PRESCRIBE PER DIEM RATES OF ALLOWANCE,"NOT EXCEEDING $6," FOR OFFICERS OF THE ARMY, NAVY AND MARINE CORPS SO ASSIGNED OR DETAILED. FOR THE CURRENT FISCAL YEAR, HOWEVER, THE SIMILAR PROVISIONS FOR THE SELECTIVE SERVICE SYSTEM CONTAINED IN THE NATIONAL WAR AGENCY APPROPRIATION ACT, 1945, PUBLIC LAW 372, APPROVED JUNE 28, 1944, 58 STAT. 544, SPECIFICALLY AUTHORIZE THE DIRECTOR OF SELECTIVE SERVICE TO PRESCRIBE PER DIEM RATES OF ALLOWANCES,"NOT EXCEEDING $7," FOR THE TRAVEL OF SUCH OFFICERS. THE SAID PROVISIONS CONTAINED IN SECTION 119 OF THE NAVAL APPROPRIATION ACT, 1944, RESPECTING THE SERVICES MENTIONED IN THE TITLE OF THE PAY READJUSTMENT ACT AND AUTHORIZING THE HEADS OF THE DEPARTMENTS CONCERNED TO PRESCRIBE PER DIEM RATES OF ALLOWANCES,"AT RATES NOT TO EXCEED $7 PER DAY," FOR OFFICERS TRAVELING ON OFFICIAL BUSINESS, ARE REPEATED FOR THE CURRENT FISCAL YEAR IN SECTION 211 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1945, PUBLIC LAW 358, APPROVED JUNE 27, 1944, 58 STAT. 387. WHILE THE APPROPRIATIONS FOR CIVILIAN AGENCIES ARE NOT SPECIFICALLY MADE AVAILABLE FOR THE PAYMENT OF SIMILAR PER DIEM RATES TO MILITARY AND NAVAL OFFICERS ASSIGNED OR DETAILED TO SUCH AGENCIES, THE CONCLUSION APPEARS WARRANTED THAT LIKE PAYMENTS MAY BE MADE TO SUCH OFFICERS, THAT IS, AT RATES NOT EXCEEDING $7 A DAY, UNDER THE ESTABLISHED RULE THAT MILITARY AND NAVAL OFFICERS TRAVELING FOR CIVILIAN AGENCIES ARE ENTITLED TO TRAVEL ALLOWANCES ON THE SAME BASIS AS THOUGH TRAVELING FOR THEIR OWN SERVICES, EVEN THOUGH SUCH ALLOWANCES BE PAID FROM THE APPROPRIATIONS MADE FOR THE CIVILIAN AGENCY. ON SUCH BASIS, YOU ARE ADVISED THAT CREDIT WILL BE ALLOWED BY THIS OFFICE FOR OTHERWISE PROPER PAYMENTS OF PER DIEM ALLOWANCES, DURING THE PRESENT FISCAL YEAR, AT RATES NOT TO EXCEED $7 PER DAY TO SUCH OFFICERS DETAILED TO THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT, IF SUCH PAYMENTS BE PROPERLY PRESCRIBED.