B-11868, AUGUST 30, 1940, 20 COMP. GEN. 120

B-11868: Aug 30, 1940

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IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE UNDER THE SUBSISTENCE EXPENSE ACT OF 1926. 1940: I HAVE YOUR LETTER OF AUGUST 16. AS FOLLOWS: YOUR OPINION IS DESIRED AS TO WHETHER AN EMPLOYEE OF THE COMMISSION WHO IN TRAVELING ON A MILEAGE BASIS IN HIS PERSONALLY OWNED AUTOMOBILE WHICH BROKE DOWN EN ROUTE ON HIS RETURN TO HEADQUARTERS NECESSITATING HIS REMAINING OVER ANOTHER DAY MAY BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE FOR THE INTERIM REQUIRED FOR THE REPAIRS TO BE MADE. THAT HE COULD HAVE ARRIVED AT HEADQUARTERS JUST SO MUCH SOONER. AUTHORIZES PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE TO CIVILIAN OFFICERS OR EMPLOYEES ONLY WHILE THEY ARE "TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.'.

B-11868, AUGUST 30, 1940, 20 COMP. GEN. 120

SUBSISTENCE - PER DIEMS - BREAK-DOWN OF PRIVATELY OWNED AUTOMOBILE USED ON OFFICIAL TRAVEL A CIVILIAN EMPLOYEE OF THE GOVERNMENT USING A PRIVATELY OWNED AUTOMOBILE ON OFFICIAL TRAVEL ON A MILEAGE-REIMBURSEMENT BASIS UNDER THE ACT OF FEBRUARY 14, 1931, AS AMENDED, IS NOT ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE UNDER THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED, FOR A PERIOD OF INTERRUPTED TRAVEL OCCASIONED BY THE BREAK DOWN AND REPAIR OF THE AUTOMOBILE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, AUGUST 30, 1940:

I HAVE YOUR LETTER OF AUGUST 16, 1940, AS FOLLOWS:

YOUR OPINION IS DESIRED AS TO WHETHER AN EMPLOYEE OF THE COMMISSION WHO IN TRAVELING ON A MILEAGE BASIS IN HIS PERSONALLY OWNED AUTOMOBILE WHICH BROKE DOWN EN ROUTE ON HIS RETURN TO HEADQUARTERS NECESSITATING HIS REMAINING OVER ANOTHER DAY MAY BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE FOR THE INTERIM REQUIRED FOR THE REPAIRS TO BE MADE.

IT BEING ASSUMED, EVIDENTLY, THAT HE COULD HAVE ARRIVED AT HEADQUARTERS JUST SO MUCH SOONER.

THE SUBSISTENCE EXPENSE ACT OF 1926, APPROVED JUNE 3, 1926, 44 STAT. 688, AS AMENDED BY THE ACT OF JUNE 30, 1932, 47 STAT. 405, AUTHORIZES PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE TO CIVILIAN OFFICERS OR EMPLOYEES ONLY WHILE THEY ARE "TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' ALSO, THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED BY THE ACTS OF MARCH 3, 1933, 47 STAT. 1516, AND APRIL 25, 1940, 54 STAT. 167, AUTHORIZES PAYMENT OF MILEAGE TO A CIVILIAN OFFICER OR EMPLOYEE USING A PRIVATELY OWNED AUTOMOBILE ONLY WHILE "IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY.'

THE PER DIEM AND MILEAGE ALLOWANCES AUTHORIZED BY THE CITED STATUTES ARE COMMUTATION PAYMENTS IN LIEU OF ACTUAL EXPENSES FOR TRAVEL FOR THE GOVERNMENT, AND ARE LIMITED BY THE CONTROLLING STATUTES STRICTLY TO PERIODS THE OFFICER OR EMPLOYEE IS ENGAGED ON OFFICIAL BUSINESS AS DISTINGUISHED FROM PERIODS SPENT ON UNOFFICIAL OR PRIVATE BUSINESS OR ANY PERIODS OF DELAYED OR INTERRUPTED TRAVEL NOT DUE TO CAUSES INCIDENT TO OR INHERENT IN THE OFFICIAL DUTY TO BE PERFORMED.

THE BREAK-DOWN OR FAILURE IN THE OPERATION OF A PRIVATELY OWNED AUTOMOBILE IN WHICH AN EMPLOYEE IS TRAVELING ON OFFICIAL BUSINESS UNDER PROPER ORDERS CLEARLY MUST BE CLASSED AS A MATTER PERSONAL TO THE EMPLOYEE AND NOT INCIDENT TO HIS OFFICIAL DUTY.