B-153469, MAR. 11, 1964

B-153469, MAR. 11, 1964

TO MR. J. E. PERRY, AUTHORIZED CERTIFYING OFFICER, BONNEVILE POWER ADMINISTRATION, DEPARTMENT OF THE INTERIOR:

ON FEBRUARY 4, 1964, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN THE SUM OF $5 IN FAVOR OF MR. GIBSON E. BASSETT, AN EMPLOYEE OF THE BUREAU OF SPORTS FISHERIES AND WILDLIFE, DEPARTMENT OF THE INTERIOR, WHICH AMOUNT WAS DISALLOWED FROM HIS CLAIM FOR TRAVEL EXPENSES INCIDENT TO HIS SERVICE.

IT APPEARS THAT THE EMPLOYEE WHOSE OFFICIAL DUTY STATION IS PORTLAND, OREGON, PERFORMED TEMPORARY DUTY AND TRAVEL NECESSARY THERETO AT SEVERAL POINTS OF ALASKA DURING THE PERIOD AUGUST 27 TO SEPTEMBER 5, 1963. THE TRAVEL WAS PERFORMED BY GOVERNMENT-OWNED AIRPLANE. HIS TRAVEL ORDER PROVIDED FOR THE MAXIMUM PER DIEM RATES AUTHORIZED UNDER STANDARD GOVERNMENT TRAVEL REGULATIONS.

THE QUESTION PRESENTED CONCERNS ONLY THE CORRECT PER DIEM RATE FOR TRAVEL OF 6 HOURS BETWEEN KENAI AND COLD BAY ON AUGUST 31, AND FOR TRAVEL OF 9 HOURS FROM COLD BAY TO ANCHORAGE ON SEPTEMBER 3.

THE EMPLOYEE CONTENDS THAT SECTION 6.2C (3) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, UPON WHICH THE ADMINISTRATIVE DISALLOWANCE WAS PREDICATED, IS NOT APPLICABLE TO TRAVEL PERFORMED WHOLLY IN ALASKA.

SO FAR AS PERTINENT HERE THE CITED SECTION PROVIDES THAT FOR TRAVEL BY AIRPLANE OF A DURATION OF 6 HOURS OR MORE BETWEEN A DUTY POINT IN CONTINENTAL UNITED STATES AND A DUTY POINT IN A LOCALITY BEYOND THE LIMITS OF CONTINENTAL UNITED STATES OR BETWEEN A DUTY POINT IN ONE SUCH LOCALITY AND A DUTY POINT IN ANOTHER, THE PER DIEM RATE OUTSIDE THE CONTINENTAL UNITED STATES SHALL BE $6.

THE TERM "CONTINENTAL UNITED STATES" AS USED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS DEFINED AS THE AREA OF THE FORMER 48 STATES AND THE DISTRICT OF COLUMBIA. FOR TRAVEL BEYOND SUCH AREA THERE HAVE BEEN ESTABLISHED MAXIMUM LOCAL PER DIEM RATES WHICH ARE CHANGED FROM TIME TO TIME AS LOCAL CONDITIONS MAY WARRANT. THESE RATES VARY IN THE DIFFERENT COUNTRIES, TERRITORIES, ETC. THEY ALSO MAY VARY IN THE SEPARATE TOWNS, CITIES AND OTHER AREAS WITHIN A COUNTRY OR TERRITORY. THESE AREAS CONSISTENTLY HAVE BEEN DESIGNATED "LOCALITIES" IN THE STANDARDIZED REGULATIONS (GOVERNMENT EMPLOYEES, FOREIGN AREAS) AND BY THE BUREAU OF THE BUDGET AND THERE CAN BE LITTLE DOUBT THAT THE CITED SECTION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS HAS REFERENCE THERETO. THUS, FOR PER DIEM PURPOSES THE STATE OF ALASKA CONTAINS 7 LOCALITIES CONSISTING OF ANCHORAGE, COLD BAY, FAIRBANKS, JUNEAU, NOME, UMIAT AND "OTHER" , THE LATTER TERM COVERING THE REMAINING AREA OF THE STATE. THEREFORE, ON EACH OF THE TRIPS IN QUESTION THE EMPLOYEE WAS PERFORMING TRAVEL BETWEEN 2 LOCALITIES OUTSIDE OF THE CONTINENTAL UNITED STATES AND THE $6 PER DIEM RATE AT WHICH HE WAS REIMBURSED ON THE PAID VOUCHER IS CORRECT.

THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.

CONCERNING THE RATES FOR THE EMPLOYEES MENTIONED IN MR. BASSETT'S MEMORANDUM WE ARE IN AGREEMENT WITH YOUR VIEWS THAT WHEN THE $6 RATE PRESCRIBED IN SECTION 6.2C (3) IS NOT COMMENSURATE WITH THE TRAVELER'S SUBSISTENCE EXPENSES A DIFFERENT RATE NOT TO EXCEED THE MAXIMUM RATE ..END