B-69808, OCTOBER 2, 1947, 27 COMP. GEN. 183

B-69808: Oct 2, 1947

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MAY HAVE THEIR TRAVELING EXPENSES PAID OR BE REIMBURSED ACTUAL AND NECESSARY TRAVELING EXPENSES AND MAY BE ALLOWED NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE. 1947: I HAVE YOUR LETTER OF SEPTEMBER 24. IN THE EVENT THE ANSWER TO THAT QUESTION IS IN THE AFFIRMATIVE. - THAT THERE EXISTS A PRECEDENT FOR ALLOWING THE PAYMENT OF TRAVELING EXPENSES OF PERSONS WHO ARE NOT GOVERNMENT EMPLOYEES BUT WHO HAVE BEEN REQUESTED BY A PROPER OFFICER TO COME TO THE SEAT OF GOVERNMENT ON OFFICIAL BUSINESS. YOUR DOUBT APPEARS TO BE WHETHER SUCH DECISIONS STILL ARE FOR APPLICATION IN VIEW OF THE SPECIFIC PROVISIONS APPEARING IN VARIOUS STATUTES IN RECENT YEARS WITH REFERENCE TO TRAVELING EXPENSES OF PERSONS SERVING ON A WHEN ACTUALLY-EMPLOYED BASIS OR AT $1 PER ANNUM.

B-69808, OCTOBER 2, 1947, 27 COMP. GEN. 183

TRAVELING EXPENSES - PRIVATE PARTIES CONFERRING UPON GOVERNMENT MATTERS PRIVATE PERSONS REQUESTED BY A PROPER GOVERNMENT OFFICIAL TO TRAVEL FOR THE PURPOSE OF CONFERRING UPON GOVERNMENT MATTERS MAY BE REGARDED AS "PERSONS SERVING WITHOUT COMPENSATION" UNDER SECTION 5 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, WITHOUT BEING INDUCTED INTO GOVERNMENT SERVICE, AND, AS SUCH, MAY HAVE THEIR TRAVELING EXPENSES PAID OR BE REIMBURSED ACTUAL AND NECESSARY TRAVELING EXPENSES AND MAY BE ALLOWED NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, OCTOBER 2, 1947:

I HAVE YOUR LETTER OF SEPTEMBER 24, 1947, IN WHICH YOU REQUEST TO BE ADVISED WHETHER YOUR DEPARTMENT MAY PAY THE TRAVELING EXPENSES OF PRIVATE PERSONS CALLED TO WASHINGTON BY A PROPER DEPARTMENT OFFICER TO CONFER ON OFFICIAL BUSINESS WITH THE PRESIDENT'S AIR POLICY COMMISSION WITHOUT FORMALLY INDUCTING SUCH PERSONS INTO THE SERVICE OF THE DEPARTMENT. ALSO, IN THE EVENT THE ANSWER TO THAT QUESTION IS IN THE AFFIRMATIVE, YOU REQUEST INFORMATION WHETHER SUCH PERSONS MAY BE CONSIDERED AS PERSONS SERVING WITHOUT COMPENSATION AND, THEREFORE, BE GRANTED A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE AT A RATE NOT EXCEEDING $10 IN ACCORDANCE WITH SECTION 5 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 808.

YOUR LETTER RECOGNIZES--- BY CITING 8 COMP. GEN. 465--- THAT THERE EXISTS A PRECEDENT FOR ALLOWING THE PAYMENT OF TRAVELING EXPENSES OF PERSONS WHO ARE NOT GOVERNMENT EMPLOYEES BUT WHO HAVE BEEN REQUESTED BY A PROPER OFFICER TO COME TO THE SEAT OF GOVERNMENT ON OFFICIAL BUSINESS. SEE, ALSO, 21 COMP. GEN. 29; ID. 409; ID. 610. YOUR DOUBT APPEARS TO BE WHETHER SUCH DECISIONS STILL ARE FOR APPLICATION IN VIEW OF THE SPECIFIC PROVISIONS APPEARING IN VARIOUS STATUTES IN RECENT YEARS WITH REFERENCE TO TRAVELING EXPENSES OF PERSONS SERVING ON A WHEN ACTUALLY-EMPLOYED BASIS OR AT $1 PER ANNUM.

NO AUTHORITY IS CITED FOR THE CREATION OF THE REFERRED-TO COMMISSION, BUT IT IS ASSUMED FOR THE PURPOSE OF THIS DECISION--- BUT WITHOUT DECIDING--- THAT THE CREATION OF THE PRESIDENT'S AIR POLICY COMMISSION WAS NOT IN VIOLATION OF THE PROVISIONS OF SECTION 3681, R.S., 31 U.S.C. 672, AND SECTION 9 OF THE ACT OF MARCH 4, 1909, 35 STAT. 1027, 31 U.S.C. 673. COMPARE SECTION 214 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946. APPROVED MAY 3, 1945, 59 STAT. 134, AND SEE, ALSO, 5 COMP. GEN. 553; 11 ID. 331; AND DECISION OF NOVEMBER 22, 1946, B-60907, 26 COMP. GEN. 354, TO THE ACTING CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION.

I DO NOT KNOW OF ANY LEGISLATION PURPORTING TO PROHIBIT THE PAYMENT OF TRAVELING EXPENSES OF PERSONS CALLED BY PROPER AUTHORITY TO CONFER ON OFFICIAL GOVERNMENT BUSINESS. AS INDICATED IN YOUR LETTER, THERE HAS BEEN CONSIDERABLE LEGISLATION IN RECENT YEARS, USUALLY CONTAINED IN APPROPRIATIONS, WHICH SPECIFICALLY HAS REFERRED TO THE TRAVELING EXPENSES OF PERSONS SERVING WITHOUT COMPENSATION, OR AT $1 PER ANNUM. GENERALLY, THE PURPOSE OF SUCH LEGISLATION HAS BEEN TO PROVIDE SPECIFIC AUTHORIZATION FOR THE PAYMENT OF THE TRAVELING EXPENSES AND A PER DIEM ALLOWANCE ON ACCOUNT OF PERSONS SERVING AWAY FROM THEIR HOMES WITHOUT COMPENSATION OR AT NOMINAL COMPENSATION. SECTON 5 OF PUBLIC LAW 600, 60 STAT. 808, WAS INTENDED TO DO AWAY WITH THE NECESSITY OF SUCH SPECIFIC APPROPRIATION PROVISIONS. THAT SECTION PROVIDES:

PERSONS IN THE GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY AS CONSULTANTS OR EXPERTS AND RECEIVING COMPENSATION ON A PER DIEM WHEN ACTUALLY EMPLOYED BASIS MAY BE ALLOWED TRAVEL EXPENSES WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE WHILE AT PLACE OF SUCH EMPLOYMENT, IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED (5 U.S.C. 821-833), AND THE ACT OF FEBRUARY 14, 1931, AS AMENDED BY THIS ACT, AND PERSONS SERVING WITHOUT COMPENSATION OR AT $1 PER ANNUM MAY BE ALLOWED, WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, TRANSPORTATION IN ACCORDANCE WITH SAID REGULATIONS AND SAID ACT OF FEBRUARY 14, 1931, AS SO AMENDED, AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE EN ROUTE AND AT PLACE OF SUCH SERVICE OR EMPLOYMENT UNLESS A HIGHER RATE IS SPECIFICALLY PROVIDED IN AN APPROPRIATION OR OTHER ACT.

IT IS MY VIEW THAT PERSONS WHO ARE NOT GOVERNMENT OFFICERS OR EMPLOYEES, WHEN REQUESTED BY A PROPER OFFICER TO TRAVEL FOR THE PURPOSE OF CONFERRING UPON OFFICIAL GOVERNMENT MATTERS, MAY BE REGARDED AS "PERSONS SERVING WITHOUT COMPENSATION" AS THESE WORDS ARE USED IN SAID STATUTE, AND MAY HAVE THEIR TRAVELING EXPENSES PAID BY THE DEPARTMENT OR BE REIMBURSED THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES IN ACCORDANCE WITH THE ABOVE -QUOTED STATUTE. ALSO, IN ACCORDANCE WITH THAT SECTION OF THE STATUTE, NOT TO EXCEED A $10 PER DIEM IN LIEU OF SUBSISTENCE MAY BE ALLOWED PROVIDING, OF COURSE, THAT THE REQUEST SPECIFICALLY STATES THAT TRAVEL EXPENSES WILL BE ALLOWED AND PRESCRIBES THE AMOUNT OF PER DIEM. UNDER SUCH CIRCUMSTANCES THERE IS NO NECESSITY FOR INDUCTING THE TRAVELER INTO THE SERVICE OF THE DEPARTMENT OF COMMERCE. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.