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B-197970 1 (1980-04-01)

handle is hein.gao/gaobabjew0001 and id is 1 raw text is: 







                              COM PTROLLR GENtrAL OF T1.: UNITED$TA'l%8


           B-197970                                April 1, 1980


           Th.- Honorable Carl D. Perkins
           Chairman, Corrmnitt e on En         t' ',k  UlvYt labla to ptabl. r ni .  U'
           and Labor                                                    -L
           House of Representotives

           Dear Mr. Chairman:

               You recently requested our opinion conaerning your authority to
          approve payment of a witness' travel and per diem expenses where
          the Chairman of the SLbcounittee on Labor Management Relatios of
          the Comm ttee on Education and Labor demanded the presence of! the
          witness, You indicate thaI for many years it has been the policy of
          the Committee on Education aud Labor not to pay witness expenses to
          attend hearings unless the witess were subpoenaed.

                Specifically, you wish to know if payment of expenses to the
          witness in these circumstancen would lie. consistent with the Rulen of
          the House of Representatives and with the laws governing this matter.

               You enclosed a copy of a letter to the witness, dated February 21,
          1980, which stated that--

                This is to confirm that you have been requested to appear
                as a witness* * **

                AR has been stated to you, failure to appear at the
                hearings will rdsult in a subpoena being issued requiring
                you to appenr before the Subcommittee at a later date* * A

                The Rules of the House .)? Representatives for che Ninety-Sixth
          Congreas (H|.R. Doec. No. 95-403, 95th Cong., 2d Sess. (1979)) provide
          that the Rules of the House are the rules of its committees and
          sibconrmitteos so far as applicable (Rule XT ,. l(n)(1)). Rule XXXV,
          Pay of Witnesses, is as follows:

               Thie rule fur paying witnesses to appear before t lIouseor
               any of its cocmittes shall be as follows:  For each day
               a witness shell attend, the O3nme per diem rate as
               established, authorized, and regulated by the Committee
               on House Administrotion for Members and employees of the
               House, and actual expenses of travel. ir coming to or going
               from the place of examInation; but no per diem shall be
*              paid when a witness has been summoned at the place of
               examinatIon.   (Emphasis supplied.).







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