DECEMBER 6, 1921, 1 COMP. GEN. 299
Highlights
1921: I HAVE A LETTER FROM THE PRESIDENT. THE INTENT AND PURPOSE OF THIS PROVISION WAS TO MAKE THE TRAVELING EXPENSES OF OFFICERS AND EMPLOYEES OF THE UNITED STATES SHIPPING BOARD AND THE UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION SUBJECT TO THE SAME LIMITATION AS IS APPLICABLE TO OFFICERS AND EMPLOYEES IN OTHER BRANCHES OF THE GOVERNMENT SERVICE UNDER THE ACT OF APRIL 6. IF IT HAD BEEN THE INTENT TO ALLOW REIMBURSEMENT ON THE BASIS OF AVERAGE DAILY EXPENSES IN THE CASE NOW UNDER CONSIDERATION IT MUST BE ASSUMED THAT SPECIFIC PROVISION TO THAT EFFECT WOULD HAVE BEEN MADE IN THE LAW. AS WAS DONE IN THE CASE OF CONSULAR INSPECTORS IN THE ACT OF APRIL 15.
DECEMBER 6, 1921, 1 COMP. GEN. 299
SUBSISTENCE - UNITED STATES SHIPPING BOARD THE $5 MAXIMUM PER DIEM FOR ACTUAL EXPENSES OF SUBSISTENCE PRESCRIBED IN THE ACT OF AUGUST 24, 1921, 42 STAT., 192, FOR OFFICERS AND EMPLOYEES OF THE UNITED STATES SHIPPING BOARD AND EMERGENCY FLEET CORPORATION, APPLIES TO EACH DAY, AND REIMBURSEMENT CAN NOT BE ALLOWED ON THE BASIS OF THE AVERAGE DAILY EXPENSES FOR A TRIP OR A GIVEN PERIOD.
COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, UNITED STATES SHIPPING BOARD, DECEMBER 6, 1921:
I HAVE A LETTER FROM THE PRESIDENT, UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION, DATED NOVEMBER 23, 1921, AND RECEIVED IN THIS OFFICE NOVEMBER 29, 1921, REQUESTING DECISION WHETHER UNDER THE PROVISION IN THE ACT OF AUGUST 24, 1921, 42 STAT., 192, HEREINAFTER QUOTED, REIMBURSEMENT MAY BE MADE FOR ACTUAL EXPENSES OF SUBSISTENCE EXCEEDING $5 IN ANY DAY WHEN THE EXPENSES FOR THE TRIP DO NOT EXCEED AN AVERAGE OF $5 A DAY.
THE PROVISION IN QUESTION READS:
THAT NO PART OF THIS APPROPRIATION SHALL BE USED FOR ACTUAL EXPENSES OF SUBSISTENCE EXCEEDING $5 A DAY OR PER DIEM IN LIEU OF SUBSISTENCE EXCEEDING $4 FOR ANY OFFICER OR EMPLOYEE OF THE UNITED STATES SHIPPING BOARD OR THE UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.
THE INTENT AND PURPOSE OF THIS PROVISION WAS TO MAKE THE TRAVELING EXPENSES OF OFFICERS AND EMPLOYEES OF THE UNITED STATES SHIPPING BOARD AND THE UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION SUBJECT TO THE SAME LIMITATION AS IS APPLICABLE TO OFFICERS AND EMPLOYEES IN OTHER BRANCHES OF THE GOVERNMENT SERVICE UNDER THE ACT OF APRIL 6, 1914, 38 STAT., 318, AND SECTION 13 OF THE ACT OF AUGUST 1, 1914, 38 STAT., 680.
IT HAS BEEN THE UNIFORM PRACTICE IN APPLYING THE $5 LIMIT PRESCRIBED IN THE ACT OF APRIL 6, 1914, TO HOLD THAT IT APPLIES TO EACH DAY AND THAT REIMBURSEMENT CAN NOT BE ALLOWED ON THE BASIS OF THE AVERAGE DAILY EXPENSES FOR A TRIP OR A GIVEN PERIOD.
IF IT HAD BEEN THE INTENT TO ALLOW REIMBURSEMENT ON THE BASIS OF AVERAGE DAILY EXPENSES IN THE CASE NOW UNDER CONSIDERATION IT MUST BE ASSUMED THAT SPECIFIC PROVISION TO THAT EFFECT WOULD HAVE BEEN MADE IN THE LAW, AS WAS DONE IN THE CASE OF CONSULAR INSPECTORS IN THE ACT OF APRIL 15, 1918, 40 STAT., 528.