B-116908, NOVEMBER 17, 1953, 33 COMP. GEN. 223

B-116908, NOVEMBER 17, 1953, 33 COMP. GEN. 223

TRAVELING EXPENSES - FARES - LOWEST FIRST-CLASS LIMITATION - MULTIPLE OCCUPANCY STATEROOMS, BEDROOMS, ETC. UNDER PARAGRAPH 13 B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, WHICH AUTHORIZES THE ALLOWANCE OF MINIMUM FIRST- CLASS STATEROOM ACCOMMODATIONS TO EMPLOYEES TRAVELING ON OFFICIAL BUSINESS, THE REFERENCE TO "FIRST-CLASS ACCOMMODATIONS" AS USED THEREIN MEANS THE LOWEST FIRST-CLASS ACCOMMODATION IN A STATEROOM, AND THEREFORE IN MULTIPLE OCCUPANCY STATEROOMS THE EXTENT OF THE COSTS FOR WHICH THE GOVERNMENT IS LIABLE IS THE RATE PER PERSON FOR MULTIPLE OCCUPANCY. WHEN A STATEROOM ADVERTISED FOR MULTIPLE OCCUPANCY CONSTITUTES THE MINIMUM FIRST-CLASS ACCOMMODATION AVAILABLE AT THE TIME THE RESERVATION IS MADE, THE PROVISIONS OF PARAGRAPH 13 B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, WHICH AUTHORIZE THE ALLOWANCE OF MINIMUM FIRST-CLASS STATEROOM ACCOMMODATIONS, HAVE THE EFFECT OF REQUIRING EMPLOYEES TRAVELING ON OFFICIAL BUSINESS TO SHARE SPACE IN SUCH A STATEROOM WHENEVER POSSIBLE, EITHER WITH OTHER GOVERNMENT OFFICIALS OR EMPLOYEES TRAVELING ON OFFICIAL BUSINESS OR WITH PERSONS NOT TRAVELING ON OFFICIAL BUSINESS. WHEN AN OFFICIAL OR EMPLOYEE OF THE GOVERNMENT, WHILE TRAVELING ON OFFICIAL BUSINESS, SHARES OCCUPANCY OF A STATEROOM WITH A MEMBER OF HIS FAMILY THE EXTENT OF THE STATEROOM COSTS FOR WHICH THE GOVERNMENT IS LIABLE IS NOT CHANGED, AND THEREFORE UNDER THE MINIMUM FIRST-CLASS STATEROOM ACCOMMODATION PROVISIONS OF PARAGRAPH 13 B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, ANY COSTS FOR SUCH A STATEROOM IN EXCESS OF THE RATE PER PERSON FOR MULTIPLE OCCUPANCY ARE TO BE BORNE BY THE OFFICIAL OR EMPLOYEE. WHEN A BEDROOM IS THE MINIMUM FIRST-CLASS ACCOMMODATION AVAILABLE ON A TRAIN AT THE TIME THE RESERVATION IS MADE, ONE SPACE IN THE BEDROOM WHEN PURCHASABLE CONSTITUTES THE LOWEST FIRST-CLASS ACCOMMODATION FOR WHICH THE GOVERNMENT IS REQUIRED TO PAY UNDER THE MINIMUM FIRST-CLASS ACCOMMODATION PROVISIONS OF PARAGRAPH 13 A (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND THEREFORE IF AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS DOES NOT WISH TO SHARE A BEDROOM THE EXCESS COST INCURRED FOR THE EXCLUSIVE USE IS TO BE BORNE BY THE EMPLOYEE.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, FEDERAL DEPOSIT INSURANCE CORPORATION, NOVEMBER 17, 1953:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1953, REQUESTING A DECISION AS TO THE PROPER APPLICATION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED AUGUST 1, 1952, AS THEY RELATE TO FACTS HEREINAFTER STATED.

IT APPEARS THAT TWO STAFF MEMBERS OF THE CORPORATION, AUTHORIZED TO TRAVEL ON OFFICIAL BUSINESS FROM BALTIMORE, MARYLAND TO BERMUDA AND RETURN DURING THE PERIOD MAY 30 TO JUNE 4, 1953, WERE ACCOMPANIED ON THE TRIP BY THEIR WIVES. ONE STAFF MEMBER AND HIS WIFE OCCUPIED A STATEROOM AT THE ADVERTISED RATE OF $215 PER PERSON, PLUS $2.80 TAX, OR $432.80 FOR THE DUAL OCCUPANCY. FARES FOR THE TWO WERE PURCHASED WITH GOVERNMENT TRANSPORTATION REQUEST NO. DE-32,010, ISSUED IN THE AMOUNT OF $325.30. THE DIFFERENCE, OR $107.50, WAS REMITTED PERSONALLY BY THE TRAVELER TO THE CARRIER. THE OTHER STAFF MEMBER AND HIS WIFE OCCUPIED A STATEROOM ADVERTISED TO SELL AT $170 PER PERSON, PLUS $2.80 TAX, OR $342.80 FOR THE DUAL OCCUPANCY. TRANSPORTATION REQUEST NO. DE-30,384, ISSUED IN THE AMOUNT OF $332.80, LATER ADJUSTED TO $257.80, AND THE TRAVELER'S PERSONAL REMITTANCE OF $85 WERE USED TO PURCHASE THIS SPACE. IT IS UNDERSTOOD THAT THIS APPORTIONMENT OF COSTS REQUIRED THE CORPORATION TO BEAR THE COST FOR SINGLE OCCUPANCY OF THE STATEROOMS ($325.30 AND $257.80), AND WAS BASED UPON THE PRINCIPLE SET FORTH IN 23 COMP. GEN. 289. IT IS FURTHER STATED THAT THE STATEROOMS WERE THE MINIMUM FIRST-CLASS ACCOMMODATIONS AVAILABLE AT THE TIME THEY WERE RESERVED. EXCEPTION TO THE ALLOCATION OF THE COSTS AS DESCRIBED ABOVE WAS TAKEN BY THE CORPORATION'S INTERNAL AUDITORS, THEIR VIEW APPARENTLY BEING THAT THE GOVERNMENT'S SHARE WAS THE COST FOR PER PERSON OCCUPANCY ($215 AND $170) OF THE STATEROOMS. THE ADDITIONAL AMOUNTS OF $107.50 AND $85, RESPECTIVELY, DETERMINED TO BE DUE HAVE BEEN RECOVERED FROM THE EMPLOYEES. IT IS STATED THAT THE $2.80 TAX IN EACH CASE WAS BORNE BY THE CORPORATION. THE BASIS FOR SUCH DETERMINATION IS NOT UNDERSTOOD SINCE THE TAX APPEARS TO HAVE BEEN PAYABLE SOLELY AS A RESULT OF THE TRAVEL BY THE EMPLOYEES' WIVES.

IN CONNECTION WITH A DOUBT WHICH HAS ARISEN AS TO THE PROPER ADJUSTMENT REQUIRED IN THE MATTER, YOU PRESENT THE FOLLOWING QUESTIONS FOR DECISION:

1. WHEN A STATEROOM ADVERTISED FOR MULTIPLE OCCUPANCY CONSTITUTES THE MINIMUM FIRST-CLASS ACCOMMODATION AVAILABLE AT THE TIME THE RESERVATION WAS MADE, DO THE PROVISIONS CONTAINED IN PARAGRAPH 13 B (1) OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED AUGUST 1, 1952, HAVE THE EFFECT OF REQUIRING EMPLOYEES TO SHARE SPACE IN SUCH STATEROOM:

A. WITH OTHER GOVERNMENTAL OFFICIALS OR EMPLOYEES TRAVELING ON OFFICIAL BUSINESS, WHENEVER POSSIBLE;

B. WITH PERSONS NOT TRAVELING ON OFFICIAL BUSINESS?

2. WHEN AN OFFICIAL OR EMPLOYEE WHILE TRAVELING ON OFFICIAL BUSINESS SHARES OCCUPANCY OF A STATEROOM WITH A MEMBER OF HIS FAMILY, SHOULD THE GOVERNMENT BEAR THE PORTION OF THE COST EQUAL TO THE COST FOR SINGLE OCCUPANCY OF THE SPACE AND SHOULD THE EMPLOYEE BEAR THE EXCESS COST RESULTING FROM MULTIPLE OCCUPANCY OR SHOULD THE COST OF THE STATEROOM BE APPORTIONED EQUALLY BETWEEN THE GOVERNMENT AND THE OFFICIAL OR EMPLOYEE?

3. IF THE ANSWERS TO QUESTION NO. 1 ARE IN THE AFFIRMATIVE, DOES THE SAME PRINCIPLE APPLY WITH RESPECT TO PULLMAN ACCOMMODATIONS. FOR EXAMPLE, ASSUMING THAT A BEDROOM IS THE MINIMUM FIRST-CLASS ACCOMMODATION, DO REGULATIONS REQUIRE THAT EMPLOYEES SHARE SUCH SPACE WITH ANOTHER PERSON TRAVELING ON OFFICIAL BUSINESS OR WITH A PERSON NOT TRAVELING ON OFFICIAL BUSINESS?

AT THE OUTSET, IT MAY BE NOTED THAT THE DECISION CITED IN YOUR LETTER, ABOVE MENTIONED, RELATED TO MULTIPLE OCCUPANCY OF A LOWER BERTH, THE EXCLUSIVE USE OF WHICH IS AUTHORIZED BY THE TRAVEL REGULATIONS, AND IS NOT FOR APPLICATION HERE.

PARAGRAPH 13B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED AUGUST 1, 1952, AUTHORIZES THE ALLOWANCE OF "MINIMUM FIRST CLASS ACCOMMODATION WHEN STATEROOM IS INCLUDED IN COST OF PASSAGE, OR WHERE THE STATEROOM IS A SEPARATE CHARGE, EXCEPT THAT THE LOWEST FIRST CLASS ACCOMMODATION AVAILABLE WILL BE ALLOWED WHEN NOTATION IS MADE ON THE TRAVEL EXPENSE VOUCHER THAT THE ACCOMMODATION SUPERIOR TO MINIMUM FIRST- CLASS WAS THE LOWEST AVAILABLE AT TIME RESERVATION WAS MADE.' THE REFERENCE TO "FIRST-CLASS ACCOMMODATION" AS USED THEREIN IS TO BE UNDERSTOOD TO MEAN THE LOWEST FIRST-CLASS ACCOMMODATION IN A STATEROOM. THUS, IN MULTIPLE OCCUPANCY STATEROOMS, THE EXTENT OF THE COSTS FOR WHICH THE GOVERNMENT IS LIABLE WOULD BE THE RATE PER PERSON FOR MULTIPLE OCCUPANCY. CF. 17 COMP. GEN. 680; B-76136, JULY 17, 1948. YOUR FIRST QUESTION (A. AND B.) IS ANSWERED IN THE AFFIRMATIVE.

IN REGARD TO YOUR SECOND QUESTION, THE EXTENT OF THE COSTS FOR WHICH THE GOVERNMENT IS LIABLE IS NOT CHANGED WHERE AN OFFICIAL OR EMPLOYEE TRAVELING ON OFFICIAL BUSINESS SHARES OCCUPANCY OF A STATEROOM WITH A MEMBER OF HIS FAMILY. ANY COSTS IN EXCESS OF THE RATE PER PERSON FOR MULTIPLE OCCUPANCY ARE TO BE BORNE BY THE OFFICIAL OR EMPLOYEE.

WITH RESPECT TO YOUR THIRD QUESTION, THE PRINCIPLE SET FORTH WITH RESPECT TO STATEROOMS IS EQUALLY APPLICABLE TO SUPERIOR TRAIN ACCOMMODATIONS WHEN SUCH ACCOMMODATIONS CONSTITUTE THE LOWEST FIRST CLASS AVAILABLE AS THAT TERM IS USED IN PARAGRAPH 13A (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. HENCE, ONE SPACE IN A BEDROOM, WHEN PURCHASABLE, WOULD CONSTITUTE THE LOWEST FIRST-CLASS ACCOMMODATION FOR WHICH THE GOVERNMENT IS REQUIRED TO PAY. IN THE EVENT THE TRAVELER DOES NOT WISH TO SHARE THE BEDROOM, THE EXCESS COST INCURRED FOR THE EXCLUSIVE USE THEREOF IS TO BE BORNE BY HIM.