B-113215, FEBRUARY 5, 1953, 32 COMP. GEN. 357

B-113215, FEBRUARY 5, 1953, 32 COMP. GEN. 357

TRAVELING EXPENSES - TIPS OR FEES FOR HANDLING BAGGAGE THE CHARGES FOR TRANSFERRING BAGGAGE AUTHORIZED BY PARAGRAPH 41 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REFER TO CHARGES BY CARRIERS FOR TRANSFERRING BAGGAGE BETWEEN RAILROAD STATIONS OR PICK UP AND DELIVERY CHARGES BY TRANSFER AND EXPRESS COMPANIES, SO THAT FEES PAID BY AN EMPLOYEE TO PORTERS FOR BAGGAGE TRANSFERRED TO AND FROM CHECK ROOMS AT RAILROAD STATIONS ARE NOT REIMBURSABLE UNDER THAT PARAGRAPH, BUT ARE COVERED BY THE PER DIEM IN LIEU OF SUBSISTENCE AUTHORIZED BY PARAGRAPH 44 OF THE REGULATION.

ACTING COMPTROLLER GENERAL FISHER TO THE ADMINISTRATOR OF VETERANS AFFAIRS, FEBRUARY 5, 1953:

REFERENCE IS MADE TO THE LETTER OF DECEMBER 18, 1952, FROM THE DEPUTY ADMINISTRATOR, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH TRANSMITTED IN THE AMOUNT OF $2 IN FAVOR OF KENNETH B. JOHNSON, SAID AMOUNT COMPRISING A RECLAIM OF FOUR FEES OF ?50 EACH FOR "BAGGAGE TRANSFERRED" TO AND FROM CHECK ROOMS AT RAILROAD STATIONS AT CLEVELAND, OHIO, PITTSBURGH, AND BUTLER, PENNSYLVANIA. THOSE FEES WERE ADMINISTRATIVELY DEDUCTED FROM HIS FORMER TRAVEL VOUCHER UPON THE BASIS THAT SUCH FEES WERE THOUGHT TO BE COVERED BY THE PER DIEM IN LIEU OF SUBSISTENCE PAID HIM WHILE IN A TRAVEL STATUS IN ACCORDANCE WITH PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. MR. JOHNSON CONTENDS, HOWEVER, THAT THOSE FEES ARE PAYABLE UNDER PARAGRAPH 41 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND DO NOT, THEREFORE, COME WITHIN THE PURVIEW OF PARAGRAPH 44.

PARAGRAPHS 41 AND 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDES AS FOLLOWS:

41. TRANSFER OF BAGGAGE.--- NECESSARY CHARGES FOR THE TRANSFER OF BAGGAGE WILL BE ALLOWED.

44. DEFINITION.--- THE PER DIEM IN LIEU OF SUBSISTENCE EXPENSES WILL BE HELD TO INCLUDE ALL CHARGES FOR MEALS; LODGINGS, PERSONAL USE OF ROOM DURING DAYTIME, BATHS, ALL FEES AND TIPS TO WAITERS, PORTERS, BAGGAGE MEN, BELL BOYS, HOTEL MAIDS, DINING ROOM STEWARDS AND OTHERS ON VESSELS, AND HOTEL SERVANTS IN FOREIGN COUNTRIES, TELEGRAMS AND TELEPHONE CALLS RESERVING HOTEL ACCOMMODATIONS, LAUNDRY, CLEANING AND PRESSING OF CLOTHING, FANS AND FIRES IN ROOMS; TRANSPORTATION BETWEEN PLACES OF LODGINGS OR WHERE MEALS ARE TAKEN AND PLACES OF DUTY. (ITALICS SUPPLIED.)

PARAGRAPH 44 IS BASED UPON SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, WHICH PROVIDES AS FOLLOWS:

SEC. 3. CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND ESTABLISHMENTS (EXCEPT JUSTICES AND JUDGES COVERED BY SECTION 456 OF TITLE 28 OF THE UNITED STATES CODE), WHILE TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY, SHALL BE ALLOWED, IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS AND STEWARDS, A PER DIEM ALLOWANCE TO BE PRESCRIBED BY THE DEPARTMENT OR ESTABLISHMENT CONCERNED, NOT TO EXCEED THE RATE OF $9 WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES AND IN THE CASE OF TRAVEL BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES NOT TO EXCEED RATES ESTABLISHED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET FOR THE LOCALITY IN WHICH THE TRAVEL IS PERFORMED. (ITALICS SUPPLIED.)

THE TRANSFER CHARGES REFERRED TO IN PARAGRAPH 41 ARE CHARGES OTHER THAN FEES TO PORTERS, SUCH AS CHARGES BY CARRIERS FOR TRANSFERRING BAGGAGE BETWEEN RAILROAD STATIONS OR PICK UP AND DELIVERY CHARGES BY TRANSFER OR EXPRESS COMPANIES. ALL FEES TO PORTERS FOR HANDLING BAGGAGE ARE INCLUDED IN THE PER DIEM IN LIEU OF SUBSISTENCE AS REQUIRED BY THE TRAVEL EXPENSE ACT OF 1949, SUPRA. B-59120, AUGUST 1, 1946. ACCORDINGLY, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED.