A-26136, FEBRUARY 26, 1929, 8 COMP. GEN. 465

A-26136: Feb 26, 1929

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TRAVELING EXPENSES - PRIVATE PARTIES CALLED IN CONFERENCE WHEN A PERSON WHO IS NOT A GOVERNMENT EMPLOYEE OR OFFICER IS REQUESTED BY A PROPER FEDERAL OFFICER TO COME TO WASHINGTON. FRANCIS WAS NOT AN OFFICER OR EMPLOYEE OF THE GOVERNMENT AND YOUR DOUBT IN THE MATTER APPEARS TO BE AS TO WHETHER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE APPLICABLE TO THIS CASE. THERE WERE CONSIDERED THE CLAIMS OF TWO INDIVIDUALS. NOT EMPLOYEES OF THE UNITED STATES WHO WERE REQUESTED TO COME TO THE UNITED STATES FROM GERMANY AND IT WAS STATED THEREIN THAT. AS THE TWO CLAIMANTS WERE NOT EMPLOYEES OF THE UNITED STATES BUT WERE REPRESENTATIVES OF FOREIGN COTTON ASSOCIATIONS. THEIR TRAVELING EXPENSES WERE NOT SUBJECT TO THE GENERAL RESTRICTIONS APPLICABLE TO TRAVEL BY FEDERAL EMPLOYEES AND THAT THEIR RIGHTS TO REIMBURSEMENT WERE GOVERNED BY THE AGREEMENT UNDER WHICH THE TRAVEL WAS PERFORMED.

A-26136, FEBRUARY 26, 1929, 8 COMP. GEN. 465

TRAVELING EXPENSES - PRIVATE PARTIES CALLED IN CONFERENCE WHEN A PERSON WHO IS NOT A GOVERNMENT EMPLOYEE OR OFFICER IS REQUESTED BY A PROPER FEDERAL OFFICER TO COME TO WASHINGTON, D.C., FOR A CONFERENCE UPON OFFICIAL MATTERS, THE REQUEST TO DO SO STATING THAT HIS EXPENSES WOULD BE PAID IN ACCORDANCE WITH DEPARTMENTAL REGULATIONS, SUCH PERSON MAY BE REIMBURSED HIS ACTUAL AND NECESSARY EXPENSES OF TRANSPORTATION AND SUBSISTENCE NOT IN EXCESS OF THOSE PERMITTED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

COMPTROLLER GENERAL MCCARL TO R. D. ALLISON, DISBURSING CLERK, DEPARTMENT OF JUSTICE, FEBRUARY 26, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 15, 1929, REQUESTING TO BE ADVISED WHETHER PAYMENT MAY BE MADE UPON THE VOUCHER THEREWITH FORWARDED IN FAVOR OF GEORGE B. FRANCIS FOR $36.04 REPRESENTING TRANSPORTATION AND SUBSISTENCE EXPENSES INCURRED BY HIM IN COMING TO WASHINGTON .C., FROM NEW YORK CITY AT THE REQUEST OF THE ATTORNEY GENERAL.

MR. FRANCIS WAS NOT AN OFFICER OR EMPLOYEE OF THE GOVERNMENT AND YOUR DOUBT IN THE MATTER APPEARS TO BE AS TO WHETHER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE APPLICABLE TO THIS CASE.

A REQUEST IN A PROPER CASE BY THE HEAD OF A DEPARTMENT FOR A PRIVATE INDIVIDUAL TO COME TO WASHINGTON ON PUBLIC BUSINESS ENTITLES THAT INDIVIDUAL TO REIMBURSEMENT OF TRAVELING EXPENSES WHEN SO STATED IN THE REQUEST. SEE A.D. 7642, MAY 25, 1923; REVIEW 5317, 5322, SEPTEMBER 30, 1923; A-20886, JANUARY 20, 1928; A-23075, JUNE 2, 1928; AND 4 COMP. GEN. 281.

IN DECISION OF DECEMBER 12, 1927, A-20719, THERE WERE CONSIDERED THE CLAIMS OF TWO INDIVIDUALS, NOT EMPLOYEES OF THE UNITED STATES WHO WERE REQUESTED TO COME TO THE UNITED STATES FROM GERMANY AND IT WAS STATED THEREIN THAT, AS THE TWO CLAIMANTS WERE NOT EMPLOYEES OF THE UNITED STATES BUT WERE REPRESENTATIVES OF FOREIGN COTTON ASSOCIATIONS, THEIR TRAVELING EXPENSES WERE NOT SUBJECT TO THE GENERAL RESTRICTIONS APPLICABLE TO TRAVEL BY FEDERAL EMPLOYEES AND THAT THEIR RIGHTS TO REIMBURSEMENT WERE GOVERNED BY THE AGREEMENT UNDER WHICH THE TRAVEL WAS PERFORMED.

THE TELEGRAM REQUESTING MR. FRANCIS TO COME TO WASHINGTON TO DISCUSS A MATTER GROWING OUT OF THE GRAIN CORPORATION STATED THAT HIS EXPENSES WOULD BE PAID "IN ACCORDANCE WITH DEPARTMENTAL REGULATIONS.' AS THE DEPARTMENTAL REGULATIONS APPLICABLE TO TRAVELING EXPENSES ARE THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS APPLICABLE TO ALL DEPARTMENTS, IT FOLLOWS THAT UPON HIS ACCEPTANCE OF THIS OFFER MR. FRANCIS BECAME ENTITLED TO REIMBURSEMENT OF HIS TRANSPORTATION AND SUBSISTENCE EXPENSES IN AN AMOUNT NOT TO EXCEED WHAT IS AUTHORIZED BY SUCH REGULATIONS. IT IS NOTED THAT ON FEBRUARY 2 HE LISTS A CHARGE OF $6 FOR LODGING. AS THIS WAS FOR LODGING FOR THE NIGHT OF FEBRUARY 1, IT IS PROPERLY CHARGEABLE TO THE EXPENSES OF FEBRUARY 1, AND WHEN ADDED TO THE CHARGE OF $2 FOR DINNER ON THAT DATE, EXCEEDS THE $7 MAXIMUM ACTUAL SUBSISTENCE EXPENSES ALLOWABLE UNDER THE REGULATIONS.

YOU REQUEST TO BE ADVISED, ALSO, WHETHER THE HOUR OF DEPARTURE FROM AND RETURN TO NEW YORK CITY IS NECESSARY TO BE SHOWN IN THIS CASE. WHILE SUCH FACTS SHOULD BE STATED ON VOUCHERS COVERING EXPENSES OF GOVERNMENT EMPLOYEES AND WOULD BE REQUIRED IN THIS CASE IF NECESSARY TO DETERMINE THE LEGALITY OF THE CHARGES, THE RECORD DISCLOSES THAT THE CONFERENCE WITH THE ATTORNEY GENERAL WAS NOT TO TAKE PLACE UNTIL SOMETIME DURING THE DAY OF FEBRUARY 2. THE CHARGES INCLUDE DINNER AND LODGINGS FEBRUARY 1, AND BREAKFAST, LUNCH, AND DINNER FEBRUARY 2. IT MAY BE ASSUMED THAT IT WAS IMPRACTICABLE FOR MR. FRANCIS TO HAVE CONFERRED WITH THE ATTORNEY GENERAL ON FEBRUARY 2 AND RETURNED TO NEW YORK IN TIME TO HAVE ARRIVED THERE BEFORE 6 P.M. OF THE SAME DAY. THERE WAS NO REQUIREMENT THAT HE DELAY HIS DEPARTURE FROM NEW YORK UNTIL AFTER 7 P.M. ON FEBRUARY 1, AND HAD HE DONE SO HE WOULD HAVE ARRIVED IN WASHINGTON AT AN INCONVENIENT HOUR. THEREFORE, IT MAY BE ASSUMED THAT HE LEFT NEW YORK CITY BEFORE 7 P.M. IN VIEW OF ALL THE CIRCUMSTANCES, THE FAILURE TO NOTE ON THE VOUCHER THE HOUR OF DEPARTURE FROM AND RETURN TO NEW YORK CITY IS NOT CONSIDERED MATERIAL.

IT IS NOTED THAT THE CHARGE FOR RAILROAD FARE, PLUS PARLOR CAR, BETWEEN NEW YORK AND WASHINGTON, IS $11.02 EACH WAY, WHEREAS THE CORRECT RAILROAD FARE IS $8.14 AND THE CHAIR CHARGE $1.88 MAKING A TOTAL OF $10.02, OR $2 LESS FOR THE ROUND TRIP THAN CHARGED.

YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER IN AN AMOUNT NOT TO EXCEED $33.04, $2 TO BE DEDUCTED AS EXCESS RAILROAD FARE AND $1 AS EXCESS SUBSISTENCE ON FEBRUARY 1.