ter's Department, be furnished under their orders transportation requests for the entire journey by land, exclusive of sleeping and parlor car accommodations, or by water; and the transportation so furnished shall, if travel was performed, under a mileage status, be a charge against the officer's mileage account, to be deducted at the rate of three cents per mile by the paymaster paying the account, and of the amount so deducted there shall be turned over to an authorized officer of the Quartermaster's Department three cents per mile for transportation furnished, except over any railroad which is a free or fifty per centum land-grant railroad, for the credit of the appropriation for the transportation of the Army and its supplies: And provided further, That when the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, or over any fifty per centum land-grant railroad, officers traveling as herein provided for shall, for the travel over such roads, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quartermaster's Department: And provided further, That when transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished: *. Act of June 12, 1906 (34 Stat. 246); 10 U. S. C. 870. 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. * Sec. 12, act of June 10, 1922 (42 Stat. 631); act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20.

Transportation in kind to officers is not affected by the pay readjustment act of June 10, See 1515, ante.

1922.

The third paragraph of the text refers to five other military or quasi military services of the United States.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, July 10, 1931, page 55) that the fourth paragraph of the 1929 text of this section, based on section 15, act of September 19, 1890 (26 Stat. 456); 10 U. S. C. 742, be omitted as impliedly repealed. It has been omitted from the Military Laws.

but in cases when

1536. Actual expenses; officers' repeated travel.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. Sec. 12, act of June 10, 1922 (42 Stat. 631); act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20.

* * *

1537. Actual expenses; officers' travel outside continental United States and in Alaska.* actual expenses only shall be paid for travel under orders in Alaska and outside the limits of the United States in North America. * Sec. 12, act of June 10, 1922 (42 Stat. 631); act of June 1, 1926 (44 Stat. 680); 37 U. S. O. 20.

Notes of Decisions

Continuous voyage.-Where an Army offi- tion of which was "outside the limits of cer stationed in New York is ordered to the United States in North America," and report for duty at Manila, Philippine Islands, the officer was not entitled to mileage aland in traveling thereto to take an Army lowance from New York City to San Frantransport from New York City to San Francisco, but actual expenses only. Brown v. cisco and therefrom another Army trans- U. S. (1929), 68 Ct. Cl. 458. port, the travel was one voyage, the destina

Pro

1537a. Actual expenses; military observers on duty abroad.vided, That the actual and necessary expenses of officers of the Army who, after July first, nineteen hundred and fourteen, have been on duty abroad for the purpose of observing operations of armies of foreign states at war, and of officers who may hereafter be on duty abroad for that purpose, shall be paid out of the appropriation for contingencies of the military information section, General Staff Corps, upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information; * * *. Sec. 1, act of Mar. 4, 1915 (38 Stat. 1063); 10 U. S. C. 750a.

Including (not to exceed) $5,000 for the actual and necessary expenses of officers of the Army on duty abroad for the purpose of observing operations of armies of foreign states at war, to be paid upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information, $57,480, to be expended under the direction of the Secretary of War. Act of Feb. 28, 1929 (45 Stat. 1351), making appropriations for support of the War Department. A provision similar to second paragraph has appeared in prior and subsequent appropriation acts.

1537b. Actual expenses; officers on duty with American Battle Monuments Commission.—* * * Provided further, That when traveling on business of the Commission officers of the Army serving as members or as secretary of the Commission may be reimbursed for expenses as provided for other (civilian) members of the Commission. Sec. 1, act of Feb. 20, 1929 (45 Stat. 1232), making appropriations for the Executive Office and independent establishments; $6 U. S. C. 122.

A similar provision has appeared in prior and subsequent appropriation acts.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 309), that this section be omitted as temporary.

1537c. Actual expenses; officers on duty with the Bureau of Lighthouses.-That hereafter officers of the Army and Navy detailed for service in connection with the Lighthouse Establishment shall be paid their actual traveling expenses when traveling under orders on official duty to and from points which cannot be conveniently reached by vessel or railroad. Sec. 6, act of Feb. 26, 1907 (34 Stat. 997); 33 U. S. C. 718.

This section was part of an act to authorize additional aids to navigation in the Lighthouse Establishment.

* *

1537d. Actual expenses; National Guard duty.-* Provided, That the sum so apportioned among the several States, Territories, and the District of Columbia shall be available under such rules as may be prescribed by the Secretary of War for the actual and necessary expenses incurred by officers and enlisted men of the Regular Army when traveling on duty in connection with the National Guard; for actual and necessary expenses incurred by officers of the Regular Army, and reserve officers holding commissions in the National Guard on active duty in the Militia Bureau or the War Department General Staff, while traveling in attending the annual conventions of the National Guard Association of the United States and the Adjutants General Association; for office rent and necessary office expenses of officers of the Regular Army on duty with the National Guard; * * for expenses of enlisted men of the Regular Army on duty with the National Guard, including an allowance for quarters and subsistence provided in section 11 of the Pay Readjustment Act of June 10, 1922; * *. Sec. 67, act of June 3, 1916 (39 Stat. 199); sec. 3, act of Sept. 22, 1922 (42 Stat. 1034); act of Apr. 6, 1928 (45 Stat. 406); 32 U. S. C. 2.

Provided, That whenever practicable, inspector-instructors shall use the State armories or other public buildings as offices. Act of May 12, 1917 (40 Stat. 68); 32 U. S. C. 74.

The funds made available by the first paragraph of the text are those appropriated for the support of the National Guard. See 1306, ante.

By a recurring provision in the annual appropriation act for the support of the War Department, under the heading "National Guard," not to exceed $2,000 may be expended for travel of officers of the War Department General Staff in connection with the National Guard.

*

1537e. Actual expenses; travel by sea.And provided further, That for all sea travel actual expenses only shall be paid to officers, contract surgeons, contract dental surgeons, and veterinarians, to paymasters' clerks, and to the expert accountant of the Inspector General's Department, when traveling on duty under competent orders, with or without troops, and the amount so paid shall not include any shore expenses at port of embarkation or debarkation; but for the purpose of determining allowances for all travel under orders, or for officers and enlisted men on discharge, travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska shall not be regarded as sea travel and shall be paid for at the rates established by law for land travel within the boundaries of the United States. Act of June 12, 1906 (34 Stat. 247); 10 U. S. C. 748.

Hereafter officers and other members of the military establishment named in this paragraph performing travel on Government-owned vessels for which no transportation fare is charged shall be entitled only to reimbursement of actual and necessary expenses incurred. Act of Apr. 15, 1926 (44 Stat. 259); 10 U. S. C. 7480.

Any officer or employee of the United States traveling on official business overseas or to or from any of the possessions of the United States shall travel and transport his personal effects on ships registered under the laws of the United States where such ships are available unless the necessity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor. Sec. 901, Title IX, act of June 29, 1936 (49 Stat. 2015); 46 U. S. C. 1241.

The persons named in the second paragraph of the text were commissioned officers, warrant officers, contract surgeons, expert accountant, Inspector General's Department, Army field clerks and field clerks of the Quartermaster Corps. The last two classes mentioned no longer exist. The same provision, limited to "officers," occurs in the same act at p. 283.

1537f. Actual expenses; travel by commercial aircraft. (c) Travel by personnel of the United States Government on commercial aircraft, domestic or foreign, including travel between airports and centers of population or posts of duty when incidental to travel on commercial aircraft, shall be allowed at public expense when authorized or approved by competent authority, and transportation requests for such travel may be issued upon such authorizations. Such expense shall be allowed without regard to comparative costs of transportation by aircraft with other modes of transportation. Sec. 204, act of June 23, 1938 (52 Stat. 983); 49 U. S. C. 424.

Unless otherwise ex

1538. Actual expenses or per diem; officers.pressly 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. Sec. 12, act of June 10, 1922 (42 Stat. 631); act of June 1, 1926 (44 Stat. 680); 37 U. S. C. 20.

Notes of Decisions

Authority of Secretary of War.-In the absence of statutory direction to the contrary, the matter of making regulations with respect to officers of the Army governing the performance of temporary duty at one place for which per diem allowance may be paid, is vested by law exclusively with

the Secretary of War and the President, and the Comptroller General must be guided by such regulations in exercising his general authority to audit disbursements and settle accounts. (1933) 37 Op. Atty. Gen. 219.

1539. Actual expenses or per diem; members of Army Nurse Corps.-That members of said Nurse Corps shall receive transportation and necessary expenses when traveling under orders, Sec. 6, Ch. V, act of July 9, 1918

(40 Stat. 879); 10 U. S. C. 783.

*

On and after July first, nineteen hundred and fourteen, unless otherwise expressly provided by law, no officer or employee of the United States shall be allowed or paid any sum in excess of expenses actually incurred for subsistence while traveling on duty outside of the District of Columbia and away from his designated post of duty nor any sum for such expenses actually incurred in excess of $5 per day; nor shall any allowance or reimbursement for subsistence be paid to any officer or employee in any branch of the public service of the United States in the District of Columbia unless absent from his designated post of duty outside of the District of Columbia and then only for the period of time actually engaged in the discharge of official duties. Sec. 1, act of Apr. 6, 1914 (38 Stat. 318); 5 U. S. C. 74.

It has been held that, while superseded as to commissioned officers, warrant officers other than those of the Army Mine Planter Service, enlisted men, and civilian employees, by 1538, 1376, ante, and 1540, 1633, post, respectively, this provision is still applicable to personnel whose maximum subsistence allowance is not otherwise expressly provided for by law as members of the Army Nurse Corps, warrant officers, Army Mine Planter Service, and cadets, Military Academy. (Op. J. A. G. 010.3, Dec. 5, 1929, page 1; MS. Comp. Gen. A-31829, May 28, 1930.)

1540. Actual expenses or per diem; enlisted men.-That hereafter under such regulations and within such maximum rates as may be prescribed by the Secretary of War enlisted men may be reimbursed for actual expenses of travel, including subsistence and lodging, incurred while traveling under competent orders and not embraced in the movement of troops, or they may be paid a flat per diem therefor in lieu of such reimbursement. Act of Apr. 20, 1918 (40 Stat. 534); 10 U. S. C. 755.

The Comptroller General has held that this section was repealed by 1489, ante (A-36809, June 18, 1931).

1541. Actual expenses or per diem; travel by air.-*

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, flying cadets, and members of the Nurse Corps) of the services mentioned in the title of this 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. Sec. 12, act of June 10, 1922 (42 Stat. 631); sec. 1, act of Mar. 2, 1931 (46 Stat. 1461); 37 U. S. C. 20.

The first paragraph of the 1929 text, based on the act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 750, was specifically repealed by section 2 of the act, supra.

The second paragraph, based on section 20, act of June 10, 1922 (42 Stat. 632); 37 U. S. C. 29, as amended, is omitted as superseded by the above provision.

1542. Actual expenses or per diem; travel in connection with aerial surveys.— To cover actual additional expenses to which flyers are subjected when making aerial surveys, hereafter a per diem of $7 in lieu of other travel allowances shall be paid to officers, warrant officers, and enlisted men of the Army, Navy, and Marine Corps for the actual time consumed while traveling by air, under competent orders, in connection with aerial surveys of rivers and harbors, or other governmental projects, and a per diem of $6 for the actual time consumed in making such aerial surveys, to be paid from appropriations available for the particular improvement or project for which the survey is being made: Provided, That not more than one of the per diem allowances authorized in this section shall be paid for any one day. Sec. 5, act of Mar. 3, 1925 (43 Stat. 1190);

10 U. S. C. 306; 34 U. S. C. 893.

This section was not repealed or modified by act of March 2, 1931 (46 Stat. 1461). 1543. Travel by privately owned conveyance.-Individuals belonging to any of the services mentioned in the title of this Act, * traveling under competent orders which entitle them to transportation or transportation and subsistence as distinguished from mileage, who, under regulations prescribed by the head of the department concerned, travel by privately owned conveyance shall be entitled, in lieu of transportation by the shortest usually traveled route now authorized by law to be furnished in kind, to a money allowance at the rate of 3 cents per mile for the same distance: Provided, That this provision shall not apply to any person entitled to traveling expenses under the "Subsistence Expense Act of 1926." Sec. 12, act of June 10, 1922 (42 Stat. 631); act of May 29, 1928 (45 Stat. 975); 37 U. S. C. 20a.

For the "Subsistence Expense Act of 1926" see 1633, post.

1544. The first paragraph of this section as published in the 1929 Edition, based on section 601, act of March 22, 1928 (45 Stat. 697); 46 U. S. C. 891r, was specifically repealed by section 903, Merchant Marine Act of June 9, 1936 (49 Stat. 2016). For current law see 1537e, ante.

For second paragraph see also 1537e, ante.

1545. For text of this section as published in the 1929 Edition, see 1523a, ante.

1546. The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1364), making appropriations for the War Department and subsequent appropriation acts, is not repeated in the corresponding act for the fiscal year 1935. 1547. For text of this section as published in the 1929 Edition, see 1537a, ante. 1548. By 1049, ante, the duties and authority of the board of road commissioners and of the Secretary of War in connection therewith were transferred to the Department of the Interior. This section as published in the 1929 Edition, based on section 2, act of January 27, 1905 (33 Stat. 617), as amended; 48 U. S. C. 329, and act of April 27, 1914 (38 Stat. 366); 48 U. S. C. 330, is accordingly omitted as no longer in effect.

1549. For text of this section as published in the 1929 Edition, see 1537b, ante. 1550. For text of this section as published in the 1929 Edition, see 1532b, ante. 1551. For text of this section as published in the 1929 Edition, see 1537c, ante. 1552. Travel expense; attendance at horse shows, etc.-* * And provided further, That hereafter no part of this or any other appropriation shall be expended for defraying expenses of officers, enlisted men, or horses in attending or