B-81646, JANUARY 24, 1949, 28 COMP. GEN. 427

B-81646: Jan 24, 1949

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EVEN THOUGH THE OFFICER'S TRAVEL EXPENSES ARE PROPERLY CHARGEABLE TO FUNDS WHICH HAVE BEEN TRANSFERRED FROM THE CIVILIAN AGENCY APPROPRIATION TO THE EMPLOYING AGENCY. COMMANDER ROBERTS WAS DIRECTED TO TRAVEL IN ACCORDANCE WITH U.S. TRAVEL BY AIRCRAFT WAS AUTHORIZED. THE FOLLOWING PROVISION WAS MADE WITH REFERENCE TO THE AUTHORIZATION OF PER DIEM: PER DIEM OF $6.00 FOR TRAVEL INSIDE UNITED STATES. PER DIEM IN ACCORDANCE WITH RATES PAID BY THE DEPARTMENT OF STATE FOR DUTY IN FOREIGN COUNTRIES IS APPLICABLE TO THESE ORDERS. THE ORDER CONTAINED THE FURTHER PROVISION THAT THE EXPENSES INVOLVED ARE CHARGEABLE TO THE APPROPRIATION 13-1991004 COOPERATION WITH THE AMERICAN REPUBLICS ( TRANSFER TO COMMERCE).

B-81646, JANUARY 24, 1949, 28 COMP. GEN. 427

SUBSISTENCE - PER DIEMS - RATES - COAST AND GEODETIC SURVEY OFFICER TRAVELING FOR CIVILIAN AGENCY A COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY TRAVELING FOR A CIVILIAN AGENCY MAY BE PAID PER DIEM ONLY AT THE RATES PROVIDED FOR BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AND THE ADMINISTRATIVE REGULATIONS ISSUED PURSUANT THERETO, AND NOT AT THE RATES PAID CIVILIAN EMPLOYEES FOR SUCH TRAVEL, EVEN THOUGH THE OFFICER'S TRAVEL EXPENSES ARE PROPERLY CHARGEABLE TO FUNDS WHICH HAVE BEEN TRANSFERRED FROM THE CIVILIAN AGENCY APPROPRIATION TO THE EMPLOYING AGENCY.

ASSISTANT COMPTROLLER GENERAL YATES TO F. L. GALLEN, DEPARTMENT OF COMMERCE, JANUARY 24, 1949:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 15, 1948, FORWARDING A VOUCHER WHICH HAS BEEN PRESENTED TO YOU FOR CERTIFICATION, DRAWN IN FAVOR OF COMMANDER ELLIOTT B. ROBERTS, A COMMISSIONED OFFICER OF THE U.S. COAST AND GEODETIC SURVEY, FOR PER DIEM AND INCIDENTAL TRAVELING EXPENSES IN CONNECTION WITH TRAVEL TO VARIOUS CENTRAL AND SOUTH AMERICAN COUNTRIES PERFORMED DURING THE PERIOD SEPTEMBER 15 TO NOVEMBER 3, 1948, PURSUANT TO TRAVEL ORDER NO. 1-AR-49 OF THE U.S. COAST AND GEODETIC SURVEY, DATED SEPTEMBER 8, 1948. UNDER THE PROVISIONS OF SUCH ORDER, COMMANDER ROBERTS WAS DIRECTED TO TRAVEL IN ACCORDANCE WITH U.S. COAST AND GEODETIC SURVEY REGULATIONS FROM WASHINGTON, D.C., TO BUENOS AIRES, ARGENTINA, VIA MEXICO, GUATEMALA, COSTA RICA, COLOMBIA, ECUADOR, PERU, CHILE, AND RETURN, AND SUCH OTHER POINTS AS NECESSARY FOR THE PURPOSE OF CONSULTING WITH GOVERNMENT OFFICIALS REGARDING GEOMAGNETIC AND SEISMIC INSTRUMENTS AND PROCEDURES, INSPECTION OF EQUIPMENT IN USE AND ENCOURAGEMENT OF COOPERATION TOWARD A BETTER EXCHANGE OF DATA, AND OF SERVING AS A DELEGATE TO THE FOURTH CONSULTATION OF THE COMMISSION ON CARTOGRAPHY AT BUENOS AIRES. TRAVEL BY AIRCRAFT WAS AUTHORIZED, AND THE FOLLOWING PROVISION WAS MADE WITH REFERENCE TO THE AUTHORIZATION OF PER DIEM:

PER DIEM OF $6.00 FOR TRAVEL INSIDE UNITED STATES; PER DIEM OF $7.00 FOR AIRCRAFT TRAVEL TO AND FROM UNITED STATES; PER DIEM IN ACCORDANCE WITH RATES PAID BY THE DEPARTMENT OF STATE FOR DUTY IN FOREIGN COUNTRIES IS APPLICABLE TO THESE ORDERS; U.S. GOVERNMENT VESSEL, ACTUAL EXPENSES ONLY; COMMERCIAL VESSEL $1.50 PER DAY FOR FIRST DAYS, $1.00 PER DAY FOR SECOND 10 DAYS; ?50 PER DAY FOR REMAINDER OF TRIP.

THE ORDER CONTAINED THE FURTHER PROVISION THAT THE EXPENSES INVOLVED ARE CHARGEABLE TO THE APPROPRIATION 13-1991004 COOPERATION WITH THE AMERICAN REPUBLICS ( TRANSFER TO COMMERCE), 1949. YOU REQUEST DECISION WHETHER THE CIVILIAN PER DIEM RATES PAID BY THE DEPARTMENT OF STATE FOR DUTY IN THE UNITED STATES AND IN FOREIGN COUNTRIES, AS AUTHORIZED IN THE ORDER OF SEPTEMBER 8, 1948, ARE PROPERLY FOR PAYMENT TO COMMANDER ROBERTS ON THE SUBMITTED VOUCHER.

UNDER THE PROVISIONS OF THE DEPARTMENT OF STATE APPROPRIATION ACT, 1949, SUBHEADING " COOPERATION WITH THE AMERICAN REPUBLICS," 62 STAT. 313, FUNDS WERE MADE AVAILABLE FOR EXPENSES NECESSARY TO ENABLE THE SECRETARY OF STATE TO MEET THE OBLIGATIONS OF THE UNITED STATES UNDER THE CONVENTION FOR THE PROMOTION OF INTER-AMERICAN CULTURAL RELATIONS BETWEEN THE UNITED STATES AND THE OTHER AMERICAN REPUBLICS SIGNED AT BUENOS AIRES DECEMBER 23, 1936, AND TO CARRY OUT THE PURPOSES OF THE ACT ENTITLED " AN ACT TO AUTHORIZE THE PRESIDENT TO RENDER CLOSER AND MORE EFFECTIVE THE RELATIONSHIP BETWEEN THE AMERICAN REPUBLICS," APPROVED AUGUST 9, 1939, 53 STAT. 1290 (22 U.S.C. 501), AND TO SUPPLEMENT APPROPRIATIONS AVAILABLE FOR CARRYING OUT OTHER PROVISIONS OF LAW AUTHORIZING RELATED ACTIVITIES, WITH THE PROVISO THAT:

* * * THE SECRETARY OF STATE, OR SUCH OFFICIAL AS HE MAY DESIGNATE IS HEREBY AUTHORIZED, IN HIS DISCRETION, AND, SUBJECT TO THE APPROVAL OF THE PRESIDENT, TO TRANSFER FROM THIS APPROPRIATION TO OTHER DEPARTMENTS, AGENCIES AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT FOR EXPENDITURE IN THE UNITED STATES AND IN THE OTHER AMERICAN REPUBLICS ANY PART OF THIS AMOUNT FOR DIRECT EXPENDITURE BY SUCH DEPARTMENT OR INDEPENDENT ESTABLISHMENT FOR THE PURPOSES OF THIS APPROPRIATION AND ANY SUCH EXPENDITURES MAY BE MADE UNDER THE SPECIFIC AUTHORITY HEREIN CONTAINED OR UNDER THE AUTHORITY GOVERNING THE ACTIVITIES OF THE DEPARTMENT, AGENCY, OR INDEPENDENT ESTABLISHMENT TO WHICH AMOUNTS ARE TRANSFERRED. FUNDS IN THE APPROPRIATION "13-1991004, COOPERATION WITH THE AMERICAN REPUBLICS ( TRANSFER TO COMMERCE), 1949" WERE MADE AVAILABLE BY TRANSFER OF FUNDS TO THE COMMERCE DEPARTMENT PURSUANT TO THE FOREGOING AUTHORITY.

THE FIRST AND SECOND PARAGRAPHS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 9 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, AND SECTIONS 202 AND 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 858, 859, PROVIDE AS FOLLOWS:

OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ( TO READJUST THE PAY AND ALLOWANCES OF PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE), INCLUDING ACTIVE AND RETIRED PERSONNEL OF THE REGULAR ESTABLISHMENTS AND MEMBERS OF THE RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD, WHILE ON ACTIVE DUTY IN THE FEDERAL SERVICE, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, INCLUDING TRAVEL FROM HOME TO FIRST STATION IN CONNECTION WITH THEIR APPOINTMENT OR CALL TO ACTIVE DUTY AND FROM LAST STATION TO HOME IN CONNECTION WITH RELIEF FROM ACTIVE DUTY OR DISCHARGE NOT THE RESULT OF THEIR OWN MISCONDUCT, 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:PROVIDED, THAT THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED MAY, IN HIS DISCRETION, DIRECT THAT, IN LIEU OF MILEAGE, ACTUAL AND NECESSARY EXPENSES SHALL BE ALLOWED TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM SUCH POSTS. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDER 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 $8 PER DAY. THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $7, IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM SUCH POSTS. * * * 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 SECTIONS 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 OF SUBSISTENCE, PER DIEM ALLOWANCES AT RATES NOT TO EXCEED $7 PER DAY. WITHOUT REGARD TO THE MONETARY LIMITATIONS IN THIS ACT, AND IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, THE HEADS OF THE DEPARTMENTS CONCERNED MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ON DUTY OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU THEREOF, CONSIDERING ALL ELEMENTS OF COST OF LIVING, INCLUDING COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES.

UNDER THE PROVISIONS OF THE U.S. COAST AND GEODETIC SURVEY ORDERS OF SEPTEMBER 8, 1948, COMMANDER ROBERTS WAS DIRECTED TO PERFORM TRAVEL IN HIS CAPACITY AS A COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY, THE EXPENSES THEREOF TO BE PAID FROM FUNDS TRANSFERRED FROM THE STATE DEPARTMENT TO THE DEPARTMENT OF COMMERCE FOR DIRECT EXPENDITURE BY THE LATTER DEPARTMENT UNDER THE SPECIFIC AUTHORITY CONTAINED IN THE STATE DEPARTMENT APPROPRIATION FOR COOPERATION WITH THE AMERICAN REPUBLICS, OR UNDER THE AUTHORITY GOVERNING THE ACTIVITIES OF THE COMMERCE DEPARTMENT. THE ABOVE-QUOTED PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AND THE ADMINISTRATIVE REGULATIONS PROMULGATED PURSUANT THERETO, CONTAINED IN THE U.S. COAST AND GEODETIC SURVEY REGULATIONS, SET FORTH THE LAW AND REGULATIONS GOVERNING THE PAYMENT TO COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY OF PER DIEM AND OTHER TRAVEL ALLOWANCES INCIDENT TO THE PERFORMANCE OF OFFICIAL TRAVEL. THE RULE IS WELL ESTABLISHED THAT OFFICERS OF THE SERVICES MENTIONED IN THE PAY READJUSTMENT ACT OF 1942, SUPRA, WHEN 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. SEE 24 COMP. GEN. 200. THE ABSENCE OF A SPECIFIC PROVISION BY LAW FOR PAYMENT OF TRAVEL ALLOWANCES TO SUCH OFFICERS ON A DIFFERENT BASIS, THAT RULE IS EQUALLY APPLICABLE WHERE THE TRAVEL EXPENSES OF AN OFFICER ARE PROPERLY CHARGEABLE TO FUNDS WHICH HAVE BEEN TRANSFERRED FROM A CIVILIAN AGENCY APPROPRIATION TO THE EMPLOYING AGENCY. THERE HAS NOT BEEN BROUGHT TO THE ATTENTION OF THIS OFFICE, NOR HAS THERE BEEN FOUND, ANY PROVISION OF LAW WHICH PURPORTS TO AUTHORIZE TRAVEL ALLOWANCES FOR OFFICERS OF THE COAST AND GEODETIC SURVEY, WHEN TRAVELING UNDER THE CONDITIONS HERE SHOWN, ON A DIFFERENT BASIS THAN PROVIDED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED AND THE ADMINISTRATIVE REGULATIONS PROMULGATED PURSUANT THERETO.

ACCORDINGLY, YOU ARE ADVISED THAT THERE APPEARS TO BE NO AUTHORITY FOR PAYMENT OF PER DIEM ON THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, AT THE PER DIEM RATES PAID CIVILIANS BY THE DEPARTMENT OF STATE FOR DUTY IN THE UNITED STATES AND IN FOREIGN COUNTRIES UNDER THE APPROPRIATION HERE INVOLVED.