A-29831, FEBRUARY 26, 1930, 9 COMP. GEN. 363

A-29831: Feb 26, 1930

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WHERE AN EMPLOYEE OF THE GOVERNMENT IN A TRAVEL STATUS IS FURNISHED MEALS OR LODGINGS BY A MEMBER OF HIS FAMILY. REIMBURSEMENT THEREOFR IS NOT AUTHORIZED UNDER ANY CIRCUMSTANCES. WHERE AN EMPLOYEE OF THE GOVERNMENT IN A TRAVEL STATUS IS FURNISHED MEALS OR LODGINGS BY A MEMBER OF HIS FAMILY. THAT THE SUBSISTENCE WAS NOT PROCURED BECAUSE OF SUCH PERSONAL OR OFFICIAL RELATIONSHIP. THAT IT WAS IMPRACTICABLE TO SECURE THE SUBSISTENCE ELSEWHERE. THAT THE PERSON FURNISHING THE SUBSISTENCE WAS NOT DEPENDENT ON THE TRAVELER FOR SUPPORT. IN THE ABSENCE OF SUCH EVIDENCE AN EMPLOYEE ON AN ACTUAL EXPENSE BASES IS ENTITLED. AN EMPLOYEE ON A PER DIEM ALLOWANCE BASIS IS ENTITLED TO ONE-FIFTH LESS FOR EACH MEAL OR LODGING SO FURNISHED WITH CHARGE.

A-29831, FEBRUARY 26, 1930, 9 COMP. GEN. 363

TRAVELING EXPENSES - MEALS OR LODGINGS FURNISHED BY MEMBER OF FAMILY THE TERM "FAMILY" AS USED IN PARAGRAPH 47 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS CONTEMPLATES ANY PERSON RELATED TO THE EMPLOYEE BY CONSANGUINITY OR MARRIAGE. THE TERM "DEPENDENT" AS USED IN PARAGRAPH 47 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS MEANS DEPENDENT IN FACT ON THE EMPLOYEE FOR ANY SUPPORT, EVEN THOUGH HAVING OTHER MEANS OF ADEQUATE SUPPORT. WHERE AN EMPLOYEE OF THE GOVERNMENT IN A TRAVEL STATUS IS FURNISHED MEALS OR LODGINGS BY A MEMBER OF HIS FAMILY, BY ANOTHER GOVERNMENT EMPLOYEE, OR BY A MEMBER OF ANOTHER GOVERNMENT EMPLOYEE'S FAMILY, WITHOUT CHARGE, REIMBURSEMENT THEREOFR IS NOT AUTHORIZED UNDER ANY CIRCUMSTANCES, EITHER ON AN ACTUAL EXPENSE BASIS OR A PER DIEM IN LIEU OF SUBSISTENCE BASIS. WHERE AN EMPLOYEE OF THE GOVERNMENT IN A TRAVEL STATUS IS FURNISHED MEALS OR LODGINGS BY A MEMBER OF HIS FAMILY, BY ANOTHER GOVERNMENT EMPLOYEE, OR BY A MEMBER OF ANOTHER GOVERNMENT EMPLOYEE'S FAMILY, WITH CHARGE, IN ORDER TO AUTHORIZE REIMBURSEMENT THEREFOR IT MUST BE SHOWN: FIRST, THAT THE SUBSISTENCE WAS NOT PROCURED BECAUSE OF SUCH PERSONAL OR OFFICIAL RELATIONSHIP; SECOND, THAT IT WAS IMPRACTICABLE TO SECURE THE SUBSISTENCE ELSEWHERE; THIRD, THAT THE PERSON FURNISHING THE SUBSISTENCE WAS NOT DEPENDENT ON THE TRAVELER FOR SUPPORT. IN THE ABSENCE OF SUCH EVIDENCE AN EMPLOYEE ON AN ACTUAL EXPENSE BASES IS ENTITLED, WITHIN THE PRESCRIBED LIMIT FOR ACTUAL EXPENSES, ONLY TO THE OTHER AUTHORIZED SUBSISTENCE EXPENSES INCURRED, AND AN EMPLOYEE ON A PER DIEM ALLOWANCE BASIS IS ENTITLED TO ONE-FIFTH LESS FOR EACH MEAL OR LODGING SO FURNISHED WITH CHARGE.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 26, 1930:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF G. A. STEPHENS, EXAMINER, FEDERAL TRADE COMMISSION, IN THE AMOUNT OF $6 REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE ELIMINATED FROM HIS VOUCHER COVERING REIMBURSEMENT OF TRAVELING EXPENSES FOR THE PERIOD OCTOBER 20, TO NOVEMBER 1, 1929, BY THE ADMINISTRATIVE OFFICE, UNDER THE PROVISIONS OF PARAGRAPH 47 (C), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

UNDER GENERAL TRAVEL ORDER NO. 562, DATED JULY 1, 1926, THE CLAIMANT WHOSE OFFICIAL STATION WAS FIXED AT WASHINGTON, D.C., WAS DIRECTED TO PERFORM OFFICIAL TRAVEL IN THE UNITED STATES IN CONNECTION WITH DUTIES ASSIGNED TO HIM, AND A PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $6 WAS AUTHORIZED. IT APPEARS THAT THE CLAIMANT WAS IN A TRAVEL STATUS AT JEFFERSON CITY, MO., ON OCTOBER 26 AND 27, 1929; THAT HE TOOK FOUR MEALS AND ONE NIGHT'S LODGING WITHOUT CHARGE AT THE HOME OF HIS BROTHER; THAT A FULL PER DIEM WAS CLAIMED ON SUCH DAYS; THAT IN THE ADMINISTRATIVE EXAMINATION OF THE VOUCHER $6 WAS DEDUCTED THEREFROM ON THE BASIS THAT HE BROTHER WAS A MEMBER OF THE EMPLOYEE'S FAMILY WITHIN THE MEANING OF THAT TERM AS USED IN PARAGRAPH 47 (C), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

PARAGRAPH 47 (C), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, 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 THEREFORE 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.

THE TERM "FAMILY" AS USED IN THIS PARAGRAPH CONTEMPLATES ANY PERSON RELATED TO THE EMPLOYEE BY CONSANGUINITY OR MARRIAGE. IF THE TERM WERE NOT SO INTENDED, THE PROVISION WOULD HAVE NO APPLICATION BECAUSE IF AN EMPLOYEE WERE SO SITUATED THAT HE COULD BE FURNISHED MEALS AND LODGING BY A MEMBER OF HIS IMMEDIATE HOUSEHOLD HE WOULD NOT ORDINARILY BE IN A TRAVEL STATUS. IT IS ONLY WHERE THE MEALS OR LODGINGS ARE FURNISHED WITH CHARGE BY A MEMBER OF THE TRAVELER'S FAMILY THAT IT BECOMES MATERIAL WHETHER SAID MEMBER IS DEPENDENT ON THE TRAVELER. THE TERM "DEPENDENT" AS USED IN SAID PARAGRAPH, MEANS DEPENDENT IN FACT. THAT IS TO SAY, IF THE PERSON DOES IN FACT DEPEND UPON THE TRAVELER FOR ANY SUPPORT SUCH PERSON IS TO BE REGARDED AS DEPENDENT UPON HIM EVEN THOUGH HAVING OTHER MEANS OF ADEQUATE SUPPORT.

THE PROVISIONS OF THIS PARAGRAPH REFER TO SUBSISTENCE FURNISHED THE EMPLOYEE IN A TRAVEL STATUS BY A MEMBER OF HIS FAMILY OR BY ANOTHER GOVERNMENT EMPLOYEE OR MEMBER OF SUCH OTHER EMPLOYEE'S FAMILY, EITHER WITH OR WITHOUT CHARGE, AND ARE FOR APPLICATION WHETHER THE TRAVEL IS ON AN ACTUAL EXPENSE OR PER DIEM IN LIEU OF SUBSISTENCE BASIS. THE FIRST PARAGRAPH REFERS TO MEALS OR LODGINGS FURNISHED WITHOUT CHARGE, IN WHICH CASE REIMBURSEMENT THEREFOR IS NOT AUTHORIZED UNDER ANY CIRCUMSTANCES EITHER ON AN ACTUAL EXPENSE OR PER DIEM IN LIEU OF SUBSISTENCE BASIS. THE LAST PART OF THE FIRST SENTENCE OF THE PARAGRAPH REFERS TO SUBSISTENCE FURNISHED WITH CHARGE AND REQUIRES THAT, TO AUTHORIZE REIMBURSEMENT THEREOFR, EITHER ON AN ACTUAL EXPENSE OR PER DIEM BASIS, IT MUST BE SATISFACTORILY SHOWN, FIRST, THAT THE SUBSISTENCE WAS NOT PROCURED BECAUSE OF SUCH PERSONAL OR OFFICIAL RELATIONSHIP; SECOND, THAT IT WAS IMPRACTICABLE TO SECURE THE SUBSISTENCE ELSEWHERE; AND, THIRD, THAT THE PERSON FURNISHING THE SUBSISTENCE WAS NOT DEPENDENT ON THE TRAVELER FOR SUPPORT.

UNDER THE PROVISIONS OF THIS PARAGRAPH AN EMPLOYEE OF THE UNITED STATES IN A TRAVEL STATUS, EITHER ON AN ACTUAL EXPENSE OR PER DIEM IN LIEU OF SUBSISTENCE BASIS, WHO IS FURNISHED MEALS OR LODGINGS BY A MEMBER OF HIS FAMILY, BY ANOTHER GOVERNMENT EMPLOYEE, OR BY A MEMBER OF ANOTHER GOVERNMENT EMPLOYEE'S FAMILY, EITHER WITH OR WITHOUT CHARGE, STAND EXACTLY IN THE SAME POSITION WITH RESPECT TO REIMBURSEMENT FOR SUCH MEALS OR LODGINGS EXCEPT AS FOLLOWS:

WHERE SUCH MEALS OR LODGINGS ARE FURNISHED WITH CHARGE TO EMPLOYEES IN EITHER STATUS AND SATISFACTORY EVIDENCE AS ABOVE INDICATED IS NOT FURNISHED TO AUTHORIZE REIMBURSEMENT THEREFOR, OR WHERE THE MEALS OR LODGINGS ARE SO FURNISHED WITHOUT CHARGE, THE EMPLOYEE ON THE ACTUAL EXPENSE BASIS IS ENTITLED, WITHIN THE PRESCRIBED LIMIT FOR ACTUAL EXPENSES, ONLY TO THE OTHER AUTHORIZED SUBSISTENCE EXPENSES INCURRED, WHEREAS IN THE CASE OF THE EMPLOYEE ON THE PER DIEM BASIS IT IS PROVIDED THAT THE PER DIEM ALLOWANCE SHALL BE ONE-FIFTH LESS FOR EACH MEAL OR LODGING SO FURNISHED. THAT IS TO SAY, AN EMPLOYEE ON A PER DIEM BASIS FURNISHED THREE MEALS AND LODGINGS FOR ONE NIGHT WOULD STILL BE ENTITLED TO ONE-FIFTH OF A PER DIEM TO COVER THE INCIDENTAL SUBSISTENCE ITEMS FOR WHICH AN EMPLOYEE ON AN ACTUAL EXPENSE BASIS WOULD BE REIMBURSED UNDER THE SAME CIRCUMSTANCES.

IN THE INSTANT CLAIM, THE BROTHER BEING A MEMBER OF THE EMPLOYEE'S FAMILY, AS ABOVE DEFINED, THE DEDUCTION OF ONE-FIFTH OF THE PRESCRIBED PER DIEM FOR EACH MEAL AND LODGING FURNISHED WITHOUT CHARGE BY THE BROTHER WAS CORRECT. THE CLAIM IS, THEREFORE, DISALLOWED.