A-53572, FEBRUARY 15, 1934, 13 COMP. GEN. 221

A-53572: Feb 15, 1934

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THE VOUCHER IS ITEMIZED AS FOLLOWS: PER DIEM AT $5 PER DAY FROM SEPT. 5 TO SEPT. 12. WAS APPOINTED AS A MEMBER OF THE TECHNICAL BOARD OF REVIEW AT $30 PER DIEM W.A.E. IT IS ADMINISTRATIVELY REPORTED THAT: * * * UNDER HIS CHANGE OF STATUS MR. ABBOTT'S HEADQUARTERS WERE DESIGNATED AS NEW YORK CITY. HE WAS REQUESTED TO REMAIN IN WASHINGTON FROM SEPTEMBER 5 TO SEPTEMBER 12. IN CONNECTION WITH HIS NEW DUTIES AND WAS THEN AUTHORIZED TO PROCEED TO NEW YORK. REFERRING TO THE PAYEE'S SUBMITTED WITH THE VOUCHER SHOWS THAT THE PAYEE WAS IN WASHINGTON ON THE DATE THE TRAVEL ORDER WAS ISSUED AND THAT HE DID NOT LEAVE WASHINGTON UNTIL 11 P.M. IT IS STATED THAT DUE TO THE RUSH OF WORK AND THE UNFAMILIARITY WITH GOVERNMENT RULES AND REGULATIONS.

A-53572, FEBRUARY 15, 1934, 13 COMP. GEN. 221

TRAVELING EXPENSES - TRANSFERS BETWEEN DUTY STATIONS SECTION 2 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1513, MAKING TRAVEL EXPENSE APPROPRIATIONS AVAILABLE FOR THE FISCAL YEAR 1934 FOR TRANSFERS BETWEEN PERMANENT-DUTY STATIONS, REQUIRES A PRIOR AUTHORIZATION FROM THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT OR AN ASSISTANT HEAD AUTHORIZED BY STATUTE TO ACT IN PLACE OF THE HEAD. THE ISSUANCE OF ORDERS FOR A CHANGE OF STATION, HOWEVER, DOES NOT PLACE THE EMPLOYEE IN A TRAVEL STATUS ENTITLING HIM TO SUBSISTENCE OR OTHER EXPENSES AT HIS PREVIOUS HEADQUARTERS, OR UNTIL AN ACTUAL DEPARTURE THEREFROM PURSUANT TO SAID ORDERS.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS, FEBRUARY 15, 1934:

REVIEW HAS BEEN REQUESTED OF THE ACTION OF THIS OFFICE IN REFUSING TO CERTIFY UPON PREAUDIT VOUCHER NO. 1556, IN FAVOR OF HUNLEY ABBOTT FOR $47.94 COVERING CLAIM FOR REIMBURSEMENT FOR PER DIEM IN LIEU OF SUBSISTENCE WHILE IN WASHINGTON, D.C., AND TRANSPORTATION EXPENSE TO NEW YORK CITY FROM SEPTEMBER 5 TO SEPTEMBER 12, 1933. THE VOUCHER IS ITEMIZED AS FOLLOWS: PER DIEM AT $5 PER DAY FROM SEPT. 5 TO SEPT. 12, INCLUDING SUNDAY THE 10TH -------------------------------------------- ----------- $35.00 9/12 CASH FARE TO NEW YORK CITY ------------------- ------------- 8.14 LOWER BERTH ------------------------------------- --------------- 3.75 9/13 N.Y. CITY TO SCARBOROUGH, N.Y., CASH FARE ---------------- 1.05

47.94

IT APPEARS THAT ON SEPTEMBER 5, 1933, THE PAYEE, FORMERLY EMPLOYED AS A TEMPORARY ENGINEER EXAMINER IN THE PUBLIC WORKS ADMINISTRATION ON DUTY IN WASHINGTON, WAS APPOINTED AS A MEMBER OF THE TECHNICAL BOARD OF REVIEW AT $30 PER DIEM W.A.E., EFFECTIVE ON THE DATE OF ENTRANCE ON DUTY. IT IS ADMINISTRATIVELY REPORTED THAT:

* * * UNDER HIS CHANGE OF STATUS MR. ABBOTT'S HEADQUARTERS WERE DESIGNATED AS NEW YORK CITY. HE WAS REQUESTED TO REMAIN IN WASHINGTON FROM SEPTEMBER 5 TO SEPTEMBER 12, INCLUSIVE, IN CONNECTION WITH HIS NEW DUTIES AND WAS THEN AUTHORIZED TO PROCEED TO NEW YORK, TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE BEING AUTHORIZED IN HIS ORDER.

TRAVEL ORDER NO. 86-C, DATED SEPTEMBER 11, 1933, AND SIGNED BY O. H. KEEN, ACTING EXECUTIVE OFFICER OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS, AND REFERRING TO THE PAYEE'S SUBMITTED WITH THE VOUCHER SHOWS THAT THE PAYEE WAS IN WASHINGTON ON THE DATE THE TRAVEL ORDER WAS ISSUED AND THAT HE DID NOT LEAVE WASHINGTON UNTIL 11 P.M. SEPTEMBER 12, 1933.

IT IS STATED THAT DUE TO THE RUSH OF WORK AND THE UNFAMILIARITY WITH GOVERNMENT RULES AND REGULATIONS, THE ORDER DIRECTING THE PAYEE TO PROCEED TO NEW YORK WAS SIGNED BY THE ACTING EXECUTIVE OFFICER WHO HAD BEEN DELEGATED AUTHORITY TO ISSUE TRAVEL ORDERS IN THE ABSENCE OF THE EXECUTIVE OFFICER.

SECTION 2 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1513, PROVIDES AS FOLLOWS:

APPROPRIATIONS FOR THE FISCAL YEAR 1934 AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SHALL BE AVAILABLE ALSO FOR EXPENSES OF TRAVEL PERFORMED BY THEM ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER WHEN AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFER: * * *.

THE STATUTE REFERRED TO ABOVE REQUIRES AN AUTHORIZATION FROM THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT OR AN ASSISTANT HEAD AUTHORIZED BY STATUTE TO ACT IN THE PLACE OF THE HEAD, AND AN AUTHORIZATION SIGNED BY A SUBORDINATE OFFICER OR EMPLOYEE DOES NOT COMPLY WITH THE REQUIREMENTS OF SAID STATUTE. SEE 7 COMP. GEN. 482 AND DECISIONS THEREIN CITED. ALSO, THE STATUTE REQUIRES THAT THE AUTHORIZATION BE GIVEN PRIOR TO THE PERFORMANCE OF THE TRAVEL. SEE 11 COMP. GEN. 459.

FURTHERMORE, A TRAVEL STATUS DOES NOT ARISE MERELY FROM THE ISSUANCE OF AN AUTHORIZATION OR ORDER. THAT IS TO SAY, THERE CAN BE NO TRAVEL STATUS PRIOR TO AN ACTUAL DEPARTURE ON TRAVEL. SEE DECISIONS A-15139, AUGUST 10, 1926; 5 COMP. GEN. 400; A-39407, NOVEMBER 23, 1931. WHEN THE PAYEE'S CHANGE OF POSITION OCCURRED HE WAS IN WASHINGTON WHICH HAD PREVIOUSLY BEEN HIS HEADQUARTERS AND THE MERE ISSUANCE OF AN ORDER DESIGNATING NEW YORK CITY AS HIS HEADQUARTERS DID NOT PLACE HIM IN A TRAVEL STATUS SUCH AS WOULD ENTITLE HIM TO PER DIEM IN LIEU OF SUBSISTENCE.

UPON THE FACTS PRESENTED, PAYMENT ON THE VOUCHER AS PRESENTED IS NOT AUTHORIZED.