B-126888, DEC. 26, 1963

B-126888, DEC. 26, 1963

TO MR. ROBERT E. GAFFNEY:

WE REFER TO YOUR LETTER OF DECEMBER 8, 1963, BY WHICH YOU REQUEST REVIEW OF OUR DECISION OF OCTOBER 22, 1963, B-126888, CONCERNING YOUR ENTITLEMENT TO REIMBURSEMENT OF THE ADDITIONAL COSTS YOU INCURRED INCIDENT TO YOUR APPEARANCE AS A WITNESS FOR THE UNITED STATES IN HONOLULU, HAWAII.

THE COST OF YOUR TRANSPORTATION WAS PAID BY THE GOVERNMENT AND YOU WERE REIMBURSED AT THE RATE OF $8 PER DAY FOR SUBSISTENCE PLUS $4 PER DAY COMPENSATION AS PROVIDED BY 28 U.S.C. 1821. YOU NOW CONTEND THAT YOU SHOULD BE ALLOWED AN ADDITIONAL AMOUNT FOR LODGING OR QUARTERS WHICH YOU BELIEVE SHOULD BE PAID YOU IN ADDITION TO SUBSISTENCE AT THE RATE AUTHORIZED BY LAW.

ALTHOUGH THE TERM "SUBSISTENCE" IS USED TO DESIGNATE THE AMOUNT ALLOWED FOR FOOD OR MEALS IN CONNECTION WITH CERTAIN PAYMENTS MADE TO MILITARY PERSONNEL THAT USAGE IS BY NO MEANS THE ONLY WAY IN WHICH THE WORD SUBSISTENCE IS USED. FOR EXAMPLE, SECTION 2 OF THE TRAVEL EXPENSE ACT OF 1949, APPROVED JUNE 9, 1949, CH. 185, 63 STAT. 166, 5 U.S.C. 835, DEFINES SUBSISTENCE AS "LODGING, MEALS, AND OTHER NECESSARY EXPENSES INCIDENTAL TO THE PERSONAL SUSTENANCE OR COMFORT OF THE TRAVELER.' WE ENCLOSE A COPY OF OUR DECISION OF JUNE 17, 1949, B 86718, IN WHICH WE DETERMINED THAT THE WORD "SUBSISTED" COVERED BOTH LODGING AND FOOD.

THE LEGISLATIVE HISTORY OF THE ACT OF AUGUST 1, 1956, PUBLIC LAW 875, CH. 826, 70 STAT. 798, AMENDING 28 U.S.C. 1821, TO INCREASE THE RATES OF MILEAGE AND SUBSISTENCE PAYABLE THEREUNDER SHOWS THAT THE CONGRESS WAS AWARE THAT THE SUBSISTENCE PAYMENT AUTHORIZED BY THAT SECTION INCLUDED REIMBURSEMENT FOR LODGING AND MEALS. SEE HOUSE OF REPRESENTATIVES REPORT NO. 2624 AND SENATE REPORT NO. 2732, 84TH CONG., 2D SESS. ON H.R. 11653, WHICH BECAME THE ACT OF AUGUST 1, 1956, PUBLIC LAW 875.