A-10493, NOVEMBER 3, 1925, 5 COMP. GEN. 319

A-10493: Nov 3, 1925

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SUBSISTENCE EXPENSES OF AN EMPLOYEE OF ONE DEPARTMENT DETAILED TO DUTY FOR ANOTHER DEPARTMENT WHERE AN EMPLOYEE OF ONE DEPARTMENT IS DETAILED TO PERFORM A SERVICE FOR ANOTHER DEPARTMENT. COMPUTED IN ACCORDANCE WITH THE LAWS AND REGULATIONS APPLICABLE TO THE DEPARTMENT IN WHICH THE PERSON IS REGULARLY EMPLOYED. IS PAYABLE FROM THE APPROPRIATION OF THE DEPARTMENT FOR WHICH THE SERVICE IS PERFORMED NOTWITHSTANDING THE COMPUTATION MAY BE ON AN ACTUAL EXPENSE BASIS WHILE THE APPROPRIATION FROM WHICH IT IS TO BE PAID IS ORDINARILY LIMITED TO A PER DIEM IN LIEU OF SUBSISTENCE BASIS. WHERE IT IS SHOWN THAT AN EMPLOYEE OF THE GOVERNMENT. WHO WAS ABSENT FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS FOR ONLY EIGHT HOURS.

A-10493, NOVEMBER 3, 1925, 5 COMP. GEN. 319

SUBSISTENCE EXPENSES OF AN EMPLOYEE OF ONE DEPARTMENT DETAILED TO DUTY FOR ANOTHER DEPARTMENT WHERE AN EMPLOYEE OF ONE DEPARTMENT IS DETAILED TO PERFORM A SERVICE FOR ANOTHER DEPARTMENT, THE EXTRA EXPENSE OF SUCH DETAIL, COMPUTED IN ACCORDANCE WITH THE LAWS AND REGULATIONS APPLICABLE TO THE DEPARTMENT IN WHICH THE PERSON IS REGULARLY EMPLOYED, IS PAYABLE FROM THE APPROPRIATION OF THE DEPARTMENT FOR WHICH THE SERVICE IS PERFORMED NOTWITHSTANDING THE COMPUTATION MAY BE ON AN ACTUAL EXPENSE BASIS WHILE THE APPROPRIATION FROM WHICH IT IS TO BE PAID IS ORDINARILY LIMITED TO A PER DIEM IN LIEU OF SUBSISTENCE BASIS. WHERE IT IS SHOWN THAT AN EMPLOYEE OF THE GOVERNMENT, WHO WAS ABSENT FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS FOR ONLY EIGHT HOURS, HAD BEGUN HIS TRIP BEFORE 8 A.M. DUE TO THE NEEDS OF THE SERVICE, SUCH EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR SUBSISTENCE EXPENSES COVERING REGULAR MEALS TAKEN DURING THE PERIOD OF ABSENCE.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 3, 1925:

CHARLES F. HERRIMAN, INSPECTOR, STEAMBOAT INSPECTION SERVICE, APPLIED JUNE 15, 1925, FOR REVIEW OF SETTLEMENT NO. 079814, DATED MAY 13, 1925, WHEREBY WAS ALLOWED ONLY $1.30 OF HIS CLAIM FOR $4.15 AS REIMBURSEMENT OF EXPENSES INCURRED WHILE AWAY FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS.

THE AMOUNT OF $2.85 DISALLOWED WAS FOR REIMBURSEMENT OF THE COST OF BREAKFAST AND LUNCH ON JUNE 9, 1925, ON WHICH DAY HE WENT FROM HIS OFFICIAL STATION TO MARE ISLAND FOR THE PURPOSE OF INSPECTING THE U.S. CUTTER INSPECTOR, A VESSEL BELONGING TO THE IMMIGRATION SERVICE, DEPARTMENT OF LABOR.

IT WAS HELD IN DECISION OF MAY 5, 1909, 15 COMP. DEC. 692, THAT THE SECRETARY OF COMMERCE AND LABOR WAS AUTHORIZED TO DETAIL INSPECTORS IN THE STEAMBOAT INSPECTION SERVICE TO MAKE CERTAIN INSPECTION FOR THE WAR DEPARTMENT, THE APPROPRIATION FOR THE STEAMBOAT INSPECTION SERVICE TO BE REIMBURSED THE EXPENSES INCURRED EXCLUSIVE OF SALARIES OF INSPECTORS. THE DEPUTY SUPERVISING INSPECTOR GENERAL, IN LETTER OF SEPTEMBER 8, 1925, STATES THAT MANY INSPECTIONS ARE MADE FOR OTHER BRANCHES OF THE GOVERNMENT, THE EXPENSES OF WHICH ARE PAID BY THE BRANCH FOR WHICH THE SERVICE IS RENDERED. IT WAS FORMERLY THE PRACTICE FOR THE DEPARTMENT PERFORMING THE SERVICE TO PAY THE EXTRA EXPENSE INCURRED THEREBY AND THEN OBTAIN REIMBURSEMENT. AT THE PRESENT TIME IT IS THE PRACTICE OF THE STEAMBOAT INSPECTION SERVICE TO PREPARE VOUCHERS COVERING SUCH EXTRA EXPENSES WHICH ARE CERTIFIED AND APPROVED BY THE STEAMBOAT INSPECTION SERVICE AND THEN SENT TO THE DEPARTMENT FOR WHICH THE INSPECTION WAS MADE FOR DIRECT PAYMENT UNDER THE APPROPRIATION AVAILABLE FOR THE ACTIVITY IN CONNECTION WITH WHICH THE INSPECTION WAS MADE. SUCH WAS THE PROCEDURE FOLLOWED IN THE INSTANT CASE BUT INSTEAD OF PAYING THE VOUCHER, THE IMMIGRATION SERVICE, FOR WHICH THE INSPECTION WAS MADE, FORWARDED IT TO THIS OFFICE FOR DIRECT SETTLEMENT AS A CLAIM.

THE PART OF THE CLAIM COVERING MEALS TAKEN BY THE INSPECTOR WHO MADE THE INSPECTION WAS DISALLOWED IN THE SETTLEMENT ON THE GROUND THAT THE INSPECTOR WAS NOT ENTITLED TO BE REIMBURSED THE COST OF MEALS TAKEN IN THE LOCAL INSPECTION DISTRICT. IT NOW APPEARS, HOWEVER, THAT THE INSPECTOR'S OFFICIAL STATION IS SAN FRANCISCO, CALIF., AND THAT THE TRAVEL REGULATIONS OF THE DEPARTMENT OF COMMERCE PROVIDE THAT THE LIMITS OF AN OFFICIAL STATION ARE THE TERRITORIAL LIMITS OF CITY IN WHICH THE OFFICIAL STATION IS LOCATED. THE MARE ISLAND NAVY YARD, WHERE THE INSPECTION WAS MADE, IS OUTSIDE THE TERRITORIAL LIMITS OF SAN FRANCISCO, ALTHOUGH WITHIN THE LOCAL INSPECTION DISTRICT.

WHILE THE INSPECTOR WAS ABSENT FROM HIS OFFICIAL STATION ONLY EIGHT HOURS, IT IS SHOWN THAT, DUE TO THE NEEDS OF THE SERVICE, THE ABSENCE BEGAN BEFORE 8 A.M. UNDER SUCH CONDITION THE RULE IS THAT THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR SUBSISTENCE EXPENSES COVERING REGULAR MEALS TAKEN DURING SUCH PERIOD OF ABSENCE. SEE DECISION OF JANUARY 12, 1925, A- 7007.

THE REGULATIONS OF THE DEPARTMENT OF COMMERCE ALLOW ONLY ACTUAL EXPENSES OF SUBSISTENCE FOR ABSENCES OF LESS THAN 24 HOURS; ACCORDINGLY, THE VOUCHER HEREIN CONSIDERED WAS MADE OUT ON THE BASIS OF ACTUAL EXPENSES AND THE CLAIM WAS PROPERLY ALLOWABLE UNDER THE DECISION CITED.

THE FACT THAT THE REGULATIONS OF THE DEPARTMENT OF LABOR OR THE APPROPRIATION,"EXPENSES OF REGULATING IMMIGRATION, 1925," MAY PROVIDE FOR TRAVEL EXPENSES ONLY ON A PER DIEM BASIS WOULD NOT PRECLUDE THE USE OF SAID APPROPRIATION TO PAY THE EXPENSES INVOLVED IN THIS CASE ON AN ACTUAL EXPENSE BASIS FOR THE REASON THAT THE PAYMENT INVOLVED HEREIN IS IN EFFECT A REIMBURSEMENT OF THE APPROPRIATION OF THE DEPARTMENT PERFORMING SERVICE FROM THE APPROPRIATION FOR THE DEPARTMENT FOR WHICH THE SERVICE WAS RENDERED, THE LAWS AND REGULATIONS PERTAINING TO SERVICE IN WHICH THE EMPLOYEE IS REGULARLY EMPLOYED BEING FOR APPLICATION IN DETERMINING THE BASIS AND AMOUNT OF THE ALLOWANCE.