A-90776, JANUARY 7, 1938, 17 COMP. GEN. 549

A-90776: Jan 7, 1938

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TRAVELING EXPENSES - AIR TRAVEL - RECEIPTS FOR CASH FARES RECEIPTS WILL NO LONGER BE REQUIRED IN SUPPORT OF REIMBURSEMENTS IN AMOUNTS OTHERWISE ALLOWABLE UNDER PARAGRAPH 8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. PROVIDED A SATISFACTORY EXPLANATION IS FURNISHED AS TO THE FAILURE TO USE TRANSPORTATION REQUESTS AND THE EXPENSE ACCOUNT SHOWS THE NAME OF THE TRANSPORTATION COMPANY AS REQUIRED BY PARAGRAPH 85 (E) OF THE REGULATIONS. 10 COMP. 1938: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION PREAUDIT VOUCHER BA 2213. IN THE PREAUDIT OF THE VOUCHER CERTIFICATION WAS WITHHELD IN THE AMOUNT OF $35.60. FOR THE REASON THAT A RECEIPT WAS NOT FURNISHED AS REQUIRED BY DECISION OF NOVEMBER 4.

A-90776, JANUARY 7, 1938, 17 COMP. GEN. 549

TRAVELING EXPENSES - AIR TRAVEL - RECEIPTS FOR CASH FARES RECEIPTS WILL NO LONGER BE REQUIRED IN SUPPORT OF REIMBURSEMENTS IN AMOUNTS OTHERWISE ALLOWABLE UNDER PARAGRAPH 8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, FOR AIR LINE FARES PAID IN CASH, PROVIDED A SATISFACTORY EXPLANATION IS FURNISHED AS TO THE FAILURE TO USE TRANSPORTATION REQUESTS AND THE EXPENSE ACCOUNT SHOWS THE NAME OF THE TRANSPORTATION COMPANY AS REQUIRED BY PARAGRAPH 85 (E) OF THE REGULATIONS. 10 COMP. GEN. 201, MODIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, JANUARY 7, 1938:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION PREAUDIT VOUCHER BA 2213, IN FAVOR OF MRS. CAROL NELSON WICKENDEN IN THE AMOUNT OF $129.15, COVERING REIMBURSEMENT OF TRAVEL EXPENSES INCURRED DURING THE PERIOD SEPTEMBER 11 TO SEPTEMBER 20, 1937, AS CLERK TO THE AGENT OF THE UNITED STATES IN THE TRAIL SMELTER ARBITRATION.

IN THE PREAUDIT OF THE VOUCHER CERTIFICATION WAS WITHHELD IN THE AMOUNT OF $35.60, CLAIMED AS CASH FARE PAID SEPTEMBER 11, 1937, FOR TRANSPORTATION FROM WASHINGTON, D.C., TO MONTREAL, CANADA, VIA AMERICAN AIRLINES, FOR THE REASON THAT A RECEIPT WAS NOT FURNISHED AS REQUIRED BY DECISION OF NOVEMBER 4, 1930, 10 COMP. GEN. 201. THE PREAUDIT DIFFERENCE STATEMENT INCLUDED A FURTHER NOTATION TO THE EFFECT THAT ALLOWANCE WAS LIMITED IN ANY EVENT TO THE GOVERNMENT RATE OF $24 FOR SUCH TRANSPORTATION, AVAILABLE TO ALL GOVERNMENT EMPLOYEES TRAVELING ON OFFICIAL BUSINESS. WITH REFERENCE TO SUCH ACTION THERE HAS BEEN RECEIVED FROM THE CHIEF, BUREAU OF ACCOUNTS, A LETTER DATED OCTOBER 29, 1937, AS FOLLOWS:

REFERRING TO THE PREAUDIT DIFFERENCE STATEMENT, DATED OCTOBER 6, 1937, DEPARTMENT OF STATE SCHEDULE NO. 299, RETURNING THE ACCOUNT OF CAROL NELSON WICKENDEN AND SUSPENDING THE SUM OF $35.60, THE COST OF AIRPLANE FARE FROM WASHINGTON, D.C., TO MONTREAL, FOR A RECEIPT, THE DEPARTMENT HAS COMMUNICATED WITH THE AMERICAN AIRLINES UNDER DATE OF OCTOBER 8, 1937, A COPY OF WHICH IS ENCLOSED HEREWITH TOGETHER WITH THE ORIGINAL REPLY.

YOU WILL PLEASE NOTE THAT THE DEPARTMENT MENTIONS THE OVERCHARGE OF $11.60 BUT THAT FACT WAS ENTIRELY IGNORED IN THE REPLY FROM THE AMERICAN AIRLINES, INC.

IN THIS CONNECTION, IT IS REQUESTED THAT YOU KINDLY ADVISE THE DEPARTMENT WHY A RECEIPT IS REQUIRED FOR AIR TRANSPORTATION WHEN SUCH REQUIREMENT WAS NOT INSERTED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS AMENDED AND APPROVED BY THE PRESIDENT UNDER DATE OF JANUARY 30, 1934, AND DECEMBER 10, 1935, BOTH OF WHICH DATES ARE SUBSEQUENT TO THE RULING IN 10 COMP. GEN. 201, WHICH IS CITED AS THE BASIS OF THE SUSPENSION.

BY REFERENCE TO THE DECISION CITED, IT WOULD ALSO APPEAR THAT THE MAIN OBJECTION IN THAT CASE WAS THE FACT THAT THE CERTIFICATE BEARS THE QUOTATION "GOV.TRSP.' WHICH MIGHT BE TAKEN TO MEAN THAT A TRANSPORTATION REQUEST WAS USED AND, THEREFORE, THE AMOUNT WOULD NOT BE REIMBURSABLE TO THE TRAVELER.

IF RECEIPTS ARE GOING TO BE REQUIRED IN EVERY INSTANCE FOR AIR TRAVEL, IT WOULD APPEAR THAT STEPS SHOULD BE TAKEN TO HAVE THE REQUIREMENT INSERTED IN THE NEXT PRINT OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND IT WOULD ALSO BE APPRECIATED IF YOU WOULD ADVISE THE DEPARTMENT TO THAT EFFECT IN ORDER THAT APPROPRIATE INSTRUCTIONS MAY BE ISSUED PENDING THE INCLUSION OF THE REQUIREMENT IN THE REGULATIONS.

THE VOUCHER IN QUESTION HAS NOW BEEN RESUBMITTED, PRESUMABLY FOR FURTHER CONSIDERATION IN THE LIGHT OF THE MATTERS SET FORTH IN THE QUOTED LETTER.

THE REQUIREMENT OF THE DECISION OF NOVEMBER 4, 1930, 10 COMP. GEN. 201, THAT A RECEIPT BE FURNISHED IN SUPPORT OF A CLAIM FOR REIMBURSEMENT OF EXPENSES OF TRAVEL BY AIRPLANE WAS BASED NOT ONLY, AS STATED IN THE LETTER OF THE CHIEF, BUREAU OF ACCOUNTS, UPON THE FORM OF THE CERTIFICATE FURNISHED IN CONNECTION WITH SUCH TRAVEL BUT, ALSO, UPON THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS THEN IN EFFECT. THE DECISION WAS AMPLIFIED IN LETTER OF NOVEMBER 20, 1930, A-33637, TO THE CLAIMANT INVOLVED, IN PART AS FOLLOWS:

PARAGRAPH 95 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED EFFECTIVE MARCH 1, 1929, COVERS THE SUBJECT OF RECEIPTS REQUIRED IN CASES SIMILAR TO THAT INVOLVED IN YOUR CLAIM. SEE, PARTICULARLY, SUBPARAGRAPHS (G) AND (R).

YOU USED A "SPECIAL CONVEYANCE," THE MEASURE OF REIMBURSEMENT FOR WHICH INCLUDED, IN ADDITION TO THE RAILWAY FARE, THE PULLMAN FARE BETWEEN THE POINTS INVOLVED. THE REGULATIONS APPROVED BY THE PRESIDENT REQUIRE RECEIPTS FOR AMOUNT EXPENDED FOR USE OF A SPECIAL CONVEYANCE WHERE THE AMOUNT IS IN EXCESS OF $1 AND FOR PULLMAN CHARGES WHERE THE AMOUNT IS PAID IN CASH AND MAKE NO PROVISION FOR THE ACCEPTANCE OF OTHER EVIDENCE IN LIEU OF SUCH RECEIPTS TO SUBSTANTIATE THE CHARGE.

REIMBURSEMENT OF EXPENSES OF TRANSPORTATION BY AIR LINES IS STILL SUBJECT TO LIMITATIONS, AS SET FORTH IN PARAGRAPH 8 OF THE TRAVEL REGULATIONS APPROVED BY THE PRESIDENT JANUARY 30, 1934, AND DECEMBER 10, 1935. HOWEVER, AIR LINES ARE LISTED AMONG THE "USUAL MEANS OF CONVEYANCE" ENUMERATED IN SAID PARAGRAPH. ACCORDINGLY, TRAVEL BY ESTABLISHED AIR LINES IS NOT NOW TO BE REGARDED AS INVOLVING THE HIRE OF A SPECIAL CONVEYANCE WITHIN THE PURVIEW OF PARAGRAPH 11 OF THE REGULATIONS, SO AS TO FALL WITHIN THE REQUIREMENTS OF PARAGRAPH 80 (E) WITH RESPECT TO RECEIPTS. PARAGRAPH 81 (C) OF THE PRESENT REGULATIONS PROVIDES THAT RECEIPTS WILL NOT BE REQUIRED FOR RAILROAD AND OTHER TRANSPORTATION FARES, OR TICKETS SECURED WITH GOVERNMENT TRANSPORTATION REQUESTS, WITH CERTAIN EXCEPTIONS--- SUCH EXCEPTIONS NOT INCLUDING AIR LINE FARES.

IN THIS CONNECTION RECEIPTS DO NOT APPEAR NECESSARY AT THIS TIME IN DETERMINING THE FARE ACTUALLY IN EFFECT FOR A GIVEN JOURNEY BY AIR LINE, SINCE AIR LINE TARIFFS, TOGETHER WITH AGREEMENTS EXECUTED BY CERTAIN LINES GRANTING REDUCED FARES FOR OFFICIAL TRAVEL BY GOVERNMENT OFFICERS AND EMPLOYEES ARE ON FILE IN THIS OFFICE AND USED IN THE AUDIT AND SETTLEMENT OF ACCOUNTS AND CLAIMS INVOLVING SUCH ITEMS.

CONSIDERING ALL THE CIRCUMSTANCES, THIS OFFICE WILL NO LONGER REQUIRE RECEIPTS IN SUPPORT OF REIMBURSEMENTS IN THE AMOUNTS OTHERWISE ALLOWABLE UNDER PARAGRAPH 8 OF THE TRAVEL REGULATIONS, FOR AIR LINE FARES PAID IN CASH, PROVIDED A SATISFACTORY EXPLANATION IS FURNISHED AS TO THE FAILURE TO USE TRANSPORTATION REQUESTS AND THE EXPENSE ACCOUNT SHOWS THE NAME OF THE TRANSPORTATION COMPANY AS REQUIRED BY PARAGRAPH 85 (E) OF THE REGULATIONS. THE DECISION 10 COMP. GEN. 201 IS MODIFIED ACCORDINGLY.

IN THE INSTANT CASE AN ADDITIONAL AMOUNT OF $24, REPRESENTING THE GOVERNMENT RATE FOR TRANSPORTATION FROM WASHINGTON, D.C., TO MONTREAL, CANADA, VIA AMERICAN AIRLINES, WILL BE CERTIFIED FOR PAYMENT ON VOUCHER BA -2213 AND THE VOUCHER WILL BE RETURNED THROUGH THE USUAL CHANNELS. THE DIFFERENCE OF $11.60 BETWEEN THE GOVERNMENT RATE AND THE COMMERCIAL RATE OF $35.60 CLAIMED ON THE VOUCHER BEING UNDER THE APPLICABLE GENERAL RULE A MATTER FOR SETTLEMENT BETWEEN THE EMPLOYEE AND THE CARRIER MAY NOT BE CERTIFIED FOR PAYMENT ON THE PRESENT RECORD. HOWEVER, SHOULD THE AMERICAN AIRLINES FORWARD ITS CHECK IN THE AMOUNT OF $11.60 DRAWN TO THE ORDER OF THE TREASURER OF THE UNITED STATES, AS REQUESTED IN LETTER OF THE CHIEF, BUREAU OF ACCOUNTS, DATED OCTOBER 8, 1937, THIS OFFICE WILL CONSIDER A CLAIM BY MRS. WICKENDEN FOR SAID AMOUNT, SUPPORTED BY EVIDENCE OF DEPOSIT AND DISPOSITION THEREOF IN THE TREASURY.