A-28674, SEPTEMBER 25, 1929, 9 COMP. GEN. 140

A-28674: Sep 25, 1929

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SUBSISTENCE - MEALS A GOVERNMENT EMPLOYEE IN A BONA FIDE TRAVEL STATUS ON A PER DIEM BASIS WHILE AT A PLACE OTHER THAN THE PLACE OF HIS RESIDENCE OR ACTUAL HOME WHO PROCURES SUBSISTENCE AND LODGING BY RENTING AN APARTMENT WHICH HE OCCUPIES WITH HIS WIFE WHO PREPARES HIS MEALS IS ENTITLED TO THE FULL PER DIEM IN LIEU OF SUBSISTENCE. PARAGRAPH 47 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS APPLICABLE ONLY WHERE THE SUBSISTENCE AND LODGING ARE SUPPLIED BY A MEMBER OF THE TRAVELER'S FAMILY AT THE REGULAR HOME OR PLACE OF RESIDENCE OF SUCH MEMBER. 1929: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 9. REQUESTING TO BE ADVISED WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF WILLIAM M.

A-28674, SEPTEMBER 25, 1929, 9 COMP. GEN. 140

SUBSISTENCE - MEALS A GOVERNMENT EMPLOYEE IN A BONA FIDE TRAVEL STATUS ON A PER DIEM BASIS WHILE AT A PLACE OTHER THAN THE PLACE OF HIS RESIDENCE OR ACTUAL HOME WHO PROCURES SUBSISTENCE AND LODGING BY RENTING AN APARTMENT WHICH HE OCCUPIES WITH HIS WIFE WHO PREPARES HIS MEALS IS ENTITLED TO THE FULL PER DIEM IN LIEU OF SUBSISTENCE. PARAGRAPH 47 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS APPLICABLE ONLY WHERE THE SUBSISTENCE AND LODGING ARE SUPPLIED BY A MEMBER OF THE TRAVELER'S FAMILY AT THE REGULAR HOME OR PLACE OF RESIDENCE OF SUCH MEMBER.

COMPTROLLER GENERAL MCCARL TO GUY L. SEAMAN, DISBURSING CLERK, INTERSTATE COMMERCE COMMISSION, SEPTEMBER 25, 1929:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 9, 1929, REQUESTING TO BE ADVISED WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF WILLIAM M. THOMPSON FOR $186 FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE MONTH OF AUGUST, 1929, WHILE MR. THOMPSON WAS IN WASHINGTON, D.C. YOUR DOUBT AS TO THE AUTHORITY TO MAKE SUCH PAYMENT IS STATED TO HAVE ARISEN FROM PARAGRAPH 47 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH PROVIDES:

SUBSISTENCE FURNISHED TRAVELER BY MEMBER OF HIS FAMILY, BY ANOTHER GOVERNMENT EMPLOYEE, OR BY A MEMBER OF FAMILY OF ANOTHER GOVERNMENT EMPLOYEE.--- ACTUAL EXPENSES ARE NOT PAYABLE FOR MEALS AND (OR) LODGING FURNISHED WITHOUT CHARGE TO A TRAVELER BY A MEMBER OF HIS FAMILY, BY ANOTHER GOVERNMENT EMPLOYEE, OR BY A MEMBER OF THE FAMILY OF ANOTHER GOVERNMENT EMPLOYEE, NOR WHEN SO FURNISHED WITH CHARGE IN THE ABSENCE OF A SATISFACTORY SHOWING THAT NOT SO PROCURED BECAUSE OF SUCH PERSONAL OR OFFICIAL RELATIONSHIP AND OF IMPRACTICABILITY TO OTHERWISE PROCURE, AND THAT THE MEMBER OF THE FAMILY SO FURNISHING WAS NOT DEPENDENT UPON THE TRAVELER FOR SUPPORT. IN THE ABSENCE OF SUCH SATISFACTORY SHOWING, ACTUAL EXPENDITURES FOR OTHER AUTHORIZED SUBSISTENCE EXPENSES ONLY WILL BE ALLOWED, AND THE PER DIEM SHALL BE ONE-FIFTH LESS FOR EACH NIGHT'S LODGING AND FOR EACH MEAL SO FURNISHED. WHEN MEALS AND (OR) LODGING ARE SO FURNISHED WITH CHARGE AND WITH SUCH SATISFACTORY SHOWING ACTUAL EXPENSES ARE ALLOWABLE WITHIN THE PRESCRIBED LIMIT FOR AUTHORIZED SUBSISTENCE EXPENDITURES, AND THE FULL AUTHORIZED PER DIEM IS PAYABLE, EXCEPT THAT IF LODGING SO FURNISHED BE IN QUARTERS RECEIVED FROM THE GOVERNMENT ACTUAL EXPENSES THEREFOR ARE NOT PAYABLE, AND THE PER DIEM SHALL BE ONE-FIFTH LESS FOR EACH NIGHT'S LODGING SO FURNISHED. THE MATERIAL FACTS SHALL BE REPORTED IN THE ACCOUNT.

ATTACHED TO THE VOUCHER IS A STATEMENT BY MR. THOMPSON, AS FOLLOWS:

DURING THE MONTH OF AUGUST, 1929, MY WIFE AND I OCCUPIED, UNDERTEMPORARY LEASE, A FURNISHED APARTMENT (NO.408) AT 1803 BILTMORE STREET NORTHWEST, IN WASHINGTON, D.C., WHERE I TOOK TWO (2) MEALS EACH DAY. THE APARTMENT WAS TAKEN IN LIEU OF HOTEL ACCOMMODATIONS; AND ALL LODGING AND ALL MEALS WERE FURNISHED BY ME.

OUR HOME AND MY PERMANENT ADDRESS IS WATERTOWN, TENNESSEE, AND ALL MY DUTY ASSIGNMENTS ARE TERMINABLE AT ANY TIME UPON MY RECEIPT OF WRITTEN OR TELEGRAPHIC TRAVEL ORDER.

THIS EXPLANATION OF LODGING SHARED JOINTLY IS SUBMITTED IN ACCORDANCE WITH LINE TWO (2) OF THE OATH ON STANDARD FROM NO. 1012, AS APPROVED BY THE COMPTROLLER GENERAL MAY 3, 1929.

MY INTERPRETATION OF THE SUBSISTENCE EXPENSE ACT OF 1926, AND OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS AMENDED EFFECTIVE MARCH 1, 1929, IS THAT NO DEDUCTION SHOULD BE MADE FROM MY AUTHORIZED PER DIEM ALLOWANCE ON ACCOUNT OF MY LIVING IN AN APARTMENT INSTEAD OF IN A HOTEL, AS IT DID NOT INTERFERE WITH THE PERFORMANCE OF MY DUTIES NOR INCREASE THE AMOUNTS CHARGEABLE AGAINST PUBLIC FUNDS.

MR. THOMPSON'S PRESENCE IN WASHINGTON IS PURSUANT TO TRAVEL ORDER OF JULY 2, 1929, AS FOLLOWS:

YOU ARE AUTHORIZED AND DIRECTED TO PROCEED FROM LOUISVILLE, KY., TO WASHINGTON, D.C., FOR THE PURPOSE OF ASSISTING EXAMINER P.G. DEVAUGHN IN CONDUCTING A RECAPTURE EXAMINATION OF THE ACCOUNTS OF THE SOUTHERN RAILWAY.

ON COMPLETION OF THIS ASSIGNMENT, YOU ARE DIRECTED, UNLESS OTHERWISE INSTRUCTED TO RETURN TO YOUR TEMPORARY OFFICIAL HEADQUARTERS AT NASHVILLE, TENNESSEE.

PARAGRAPH 47 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS QUOTED ABOVE HAS REFERENCE TO MEALS AND LODGING FURNISHED A TRAVELER BY A RELATIVE OR MEMBER OF HIS FAMILY (INCLUDING HIS WIFE) AT THEIR HOME OR ESTABLISHED PLACE OF RESIDENCE AND, TO THAT EXTENT, EFFECTS A MODIFICATION OF THE DECISIONS REPORTED IN 27 COMP DEC. 981, AND 5 COMP. GEN. 313. HOWEVER, A TRAVELER ON A TEMPORARY DUTY STATUS AT A PLACE OTHER THAN WHERE HIS HOME OR ACTUAL RESIDENCE IS LOCATED WHO PROCURES SUBSISTENCE AND LODGING BY RENTING AN APARTMENT AND PURCHASING HIS OWN SUPPLIES, HIS WIFE PREPARING THE MEALS, MAY BE CONSIDERED AS SUBSISTING HIMSELF AND ENTITLED TO THE FULL PER DIEM ALLOWANCE.