B-104965, SEPTEMBER 5, 1951, 31 COMP. GEN. 71

B-104965, SEPTEMBER 5, 1951, 31 COMP. GEN. 71

SUBSISTENCE - AIR TRAVEL - RATES - TRAVEL BETWEEN AREAS WITHIN AND BEYOND CONTINENTAL UNITED STATES UNDER SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, AUTHORIZING A PER DIEM ALLOWANCE OF NOT TO EXCEED THE RATE OF $9 FOR TRAVEL WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, AND PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, PRESCRIBING A MAXIMUM RATE OF $6 FOR AIR TRAVEL INVOLVING AREAS OUTSIDE THE UNITED STATES, A MAXIMUM PER DIEM IN LIEU OF SUBSISTENCE AT NOT TO EXCEED THE RATE OF $9 MAY BE AUTHORIZED ADMINISTRATIVELY FOR AIR TRAVEL OCCURRING WITHIN THE CONTINENTAL UNITED STATES EN ROUTE TO OR FROM AN AREA OUTSIDE THE UNITED STATES. 30 COMP. GEN. 78 AND 29 ID. 202, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, SEPTEMBER 5, 1951:

REFERENCE IS MADE TO LETTER OF AUGUST 2, 1951, FROM THE ACTING SECRETARY OF COMMERCE, REQUESTING A DECISION AS TO THE MAXIMUM PER DIEM IN LIEU OF SUBSISTENCE THAT LAWFULLY MAY BE AUTHORIZED ADMINISTRATIVELY UNDER PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED OCTOBER 1, 1950, FOR TRAVEL BY AIR WITHIN THE CONTINENTAL UNITED STATES EN ROUTE TO OR FROM AN AREA OUTSIDE THE UNITED STATES.

SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AUTHORIZES THE DEPARTMENTS AND ESTABLISHMENTS TO PRESCRIBE FOR CIVILIAN OFFICERS AND EMPLOYEES PERFORMING TRAVEL ON OFFICIAL GOVERNMENT BUSINESS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, A PER DIEM ALLOWANCE IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE OF NOT TO EXCEED THE RATE OF $9 WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES. IN THE CASE OF TRAVEL BEYOND THE LIMITS OF THE UNITED STATES, A PER DIEM ALLOWANCE AT NOT TO EXCEED THE RATES ESTABLISHED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET MAY BE PRESCRIBED.

THE PERTINENT PART OF THE SAID PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT REGULATIONS, PROMULGATED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET UNDER AUTHORITY OF SAID ACT, IS AS FOLLOWS:

FOR TRAVEL BY AIR INVOLVING AREAS OUTSIDE CONTINENTAL UNITED STATES, INCLUDING STOPOVERS INVOLVING LESS THAN 6 HOURS, A MAXIMUM RATE OF $6 IS PRESCRIBED. (SEE ALSO AMENDMENT THERETO DATED JULY 12, 1951.)

UNDER THE SAID STATUTE AND REGULATIONS, WHERE THE JOURNEY BY AIR TO A POINT OUTSIDE CONTINENTAL UNITED STATES BEGINS AT A POINT WITHIN THE CONTINENTAL UNITED STATES IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO PRESCRIBE FOR THAT PORTION OF THE TRAVEL BY AIR OCCURRING WITHIN CONTINENTAL UNITED STATES A PER DIEM ALLOWANCE OF NOT TO EXCEED $9.

WITH RESPECT TO THE SITUATIONS CONSIDERED IN 29 COMP. GEN. 202 AND 30 ID. 78, REFERRED TO IN THE LETTER OF THE ACTING SECRETARY OF COMMERCE, IT MAY BE POINTED OUT THAT THE EFFECT OF THE TRAVEL ORDERS THERE INVOLVED WAS TO LIMIT TO $6 THE PER DIEM IN LIEU OF SUBSISTENCE PAYABLE FOR TRAVEL BY AIR WITHIN, AS WELL AS OUTSIDE THE UNITED STATES AND, THEREFORE, THOSE DECISIONS ARE TO BE DISTINGUISHED FROM A CASE IN WHICH THE TRAVEL ORDERS SPECIFICALLY AUTHORIZE A PER DIEM ALLOWANCE AT A RATE IN EXCESS OF $6 FOR AIR TRAVEL TIME WITHIN CONTINENTAL UNITED STATES.