B-149958, OCT. 15, 1962

B-149958: Oct 15, 1962

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WINTERMEYER SAYS THAT THE CHARGES WERE NOT INCURRED ON THE USUAL HAND BAGGAGE WHICH ACCOMPANIES TRAVELERS. ON BAGGAGE WHICH IS LOADED IN THE HOLD OF THE SHIP AT POINT OF ORIGIN AND UNLOADED AT DESTINATION. WE ARE UNABLE TO ASCERTAIN FROM THE NOTATIONS ON THE ORIGINAL VOUCHER AND OTHER EVIDENCE PRESENTED WHETHER THE EXPENDITURES INCURRED WERE IN THE NATURE OF FEES OR TIPS TO PORTERS FOR ORDINARY BAGGAGE HANDLING OR CHARGES MADE BY CARRIERS FOR TRANSFERRING BAGGAGE OR PICK UP AND DELIVERY CHARGES BY TRANSFER OR EXPRESS COMPANIES. IN VIEW OF THE CITED ACT AND THE REGULATIONS ISSUED PURSUANT THERETO THERE IS NO LEGAL AUTHORITY WHEREBY THE EXPENSES FOR SUCH FEES OR TIPS MAY BE REIMBURSED TO THE TRAVELER.

B-149958, OCT. 15, 1962

TO MR. NEAL J. PRICE, AUTHORIZED CERTIFYING OFFICER, AGENCY FOR INTERNATIONAL DEVELOPMENT:

YOUR LETTER OF SEPTEMBER 20, 1962, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. WILLIAM E. WINTERMEYER, AN EMPLOYEE OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT, FOR $34.51, COVERING REIMBURSEMENT OF EXPENSES FOR HANDLING BAGGAGE INCIDENT TO HIS RETURN TRAVEL TO THE UNITED STATES FROM OVERSEAS.

THE AMOUNT RECLAIMED BY MR. WINTERMEYER REPRESENTS COSTS PAID BY HIM FOR HANDLING SEVEN PIECES OF ACCOMPANYING BAGGAGE AT TERMINALS EN ROUTE TO THE UNITED STATES.

SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED 5 U.S.C.836 AND SECTION 6.1 OF AID MANUAL ORDERS 569.1 DATED APRIL 10, 1962, AUTHORIZING A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE EXPENSES INCLUDES IN SUCH ALLOWANCE ALL FEES AND TIPS TO PORTERS, BAGGAGE MEN AND BELLBOYS.

MR. WINTERMEYER SAYS THAT THE CHARGES WERE NOT INCURRED ON THE USUAL HAND BAGGAGE WHICH ACCOMPANIES TRAVELERS, BUT ON BAGGAGE WHICH IS LOADED IN THE HOLD OF THE SHIP AT POINT OF ORIGIN AND UNLOADED AT DESTINATION.

WE ARE UNABLE TO ASCERTAIN FROM THE NOTATIONS ON THE ORIGINAL VOUCHER AND OTHER EVIDENCE PRESENTED WHETHER THE EXPENDITURES INCURRED WERE IN THE NATURE OF FEES OR TIPS TO PORTERS FOR ORDINARY BAGGAGE HANDLING OR CHARGES MADE BY CARRIERS FOR TRANSFERRING BAGGAGE OR PICK UP AND DELIVERY CHARGES BY TRANSFER OR EXPRESS COMPANIES.

IN VIEW OF THE CITED ACT AND THE REGULATIONS ISSUED PURSUANT THERETO THERE IS NO LEGAL AUTHORITY WHEREBY THE EXPENSES FOR SUCH FEES OR TIPS MAY BE REIMBURSED TO THE TRAVELER. SEE 32 COMP. GEN. 357, AND FIRST PARAGRAPH OF PAGE 3 OF OUR DECISION B-138015, FEBRUARY 4, 1959, A COPY OF WHICH IS ENCLOSED. THEREFORE, UPON THE PRESENT RECORD THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

HOWEVER, IF IT CAN BE ESTABLISHED BY MR. WINTERMEYER THAT THE EXPENSES FOR HANDLING BAGGAGE OR ANY PART THEREOF WERE INCURRED OTHER THAN FOR FEES OR TIPS WE SHALL BE GLAD TO GIVE FURTHER CONSIDERATION TO THE MATTER.