B-25784, JULY 28, 1942, 22 COMP. GEN. 62

B-25784: Jul 28, 1942

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CITY ADJACENT TO HEADQUARTERS CITY WHERE AUTHORIZED TRAVEL OF AN EMPLOYEE ON OFFICIAL BUSINESS IS CONFINED TO BUS OR STREET CAR. IRRESPECTIVE OF WHETHER THE TRAVEL IS WITHIN THE CORPORATE LIMITS OF THE CITY IN WHICH THE HEADQUARTERS IS LOCATED OR OUTSIDE OF SUCH LIMITS. WHEN PRIVATELY OWNED AUTOMOBILES ARE USED BY EMPLOYEES ON OFFICIAL BUSINESS WITHIN THE CORPORATE LIMITS OF A HEADQUARTERS CITY. THAT IS. WHERE PRIVATELY OWNED AUTOMOBILES ARE USED BY EMPLOYEES. WHERE BOTH HEADQUARTERS AND HOME OF AN EMPLOYEE ARE LOCATED WITHIN A CITY THE CORPORATE LIMITS OF WHICH ARE ADJACENT TO THE CORPORATE LIMITS OF ANOTHER CITY. REIMBURSEMENT FOR ACTUAL EXPENSES OF TRANSPORTATION BY PRIVATELY OWNED AUTOMOBILE OR BY PUBLIC CONVEYANCE IS AUTHORIZED SUBJECT TO THE LIMITATION THAT IF THE TRAVEL STARTS FROM OR ENDS AT THE EMPLOYEE'S HOME.

B-25784, JULY 28, 1942, 22 COMP. GEN. 62

TRAVELING EXPENSES - HEADQUARTERS; CITY ADJACENT TO HEADQUARTERS CITY WHERE AUTHORIZED TRAVEL OF AN EMPLOYEE ON OFFICIAL BUSINESS IS CONFINED TO BUS OR STREET CAR, REIMBURSEMENT FOR TRANSPORTATION COSTS MAY BE MADE UPON AN ACTUAL EXPENSE BASIS, IRRESPECTIVE OF WHETHER THE TRAVEL IS WITHIN THE CORPORATE LIMITS OF THE CITY IN WHICH THE HEADQUARTERS IS LOCATED OR OUTSIDE OF SUCH LIMITS. IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY PROVIDING OTHERWISE, WHEN PRIVATELY OWNED AUTOMOBILES ARE USED BY EMPLOYEES ON OFFICIAL BUSINESS WITHIN THE CORPORATE LIMITS OF A HEADQUARTERS CITY, REIMBURSEMENT MUST BE CONFINED TO THE ACTUAL EXPENSE BASIS, THAT IS, REIMBURSEMENT FOR GASOLINE AND OIL ACTUALLY CONSUMED, NOT IN EXCESS OF THE COST BY AVAILABLE PUBLIC CONVEYANCE. WHERE PRIVATELY OWNED AUTOMOBILES ARE USED BY EMPLOYEES, IN PERFORMING OFFICIAL TRAVEL, FOR TRANSPORTATION BEYOND THE CORPORATE LIMITS OF A HEADQUARTERS CITY, REIMBURSEMENT MAY BE MADE UPON A MILEAGE BASIS, IF SUCH MODE OF TRANSPORTATION BE PREVIOUSLY AUTHORIZED AND DETERMINED TO BE MORE ECONOMICAL AND ADVANTAGEOUS, BUT ONLY FOR THE MILEAGE TRAVELED BEYOND THE CORPORATE LIMITS OF THE HEADQUARTERS CITY. WHERE BOTH HEADQUARTERS AND HOME OF AN EMPLOYEE ARE LOCATED WITHIN A CITY THE CORPORATE LIMITS OF WHICH ARE ADJACENT TO THE CORPORATE LIMITS OF ANOTHER CITY, AND THE EMPLOYEE PERFORMS OFFICIAL TRAVEL EITHER FROM HEADQUARTERS OR HOME TO THE ADJACENT CITY AND RETURN TO HEADQUARTERS OR HOME, REIMBURSEMENT FOR ACTUAL EXPENSES OF TRANSPORTATION BY PRIVATELY OWNED AUTOMOBILE OR BY PUBLIC CONVEYANCE IS AUTHORIZED SUBJECT TO THE LIMITATION THAT IF THE TRAVEL STARTS FROM OR ENDS AT THE EMPLOYEE'S HOME, REIMBURSEMENT MAY NOT EXCEED THE EXPENSE WHICH WOULD HAVE BEEN INCURRED BY STARTING FROM OR RETURNING TO THE HEADQUARTERS OFFICE. WHERE BOTH HEADQUARTERS AND HOME OF AN EMPLOYEE ARE LOCATED WITHIN A CITY THE CORPORATE LIMITS OF WHICH ARE ADJACENT TO THE CORPORATE LIMITS OF ANOTHER CITY, AND THE EMPLOYEE PERFORMS OFFICIAL TRAVEL, UNDER A PRIOR AUTHORIZATION FOR USE OF A PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS, EITHER FROM HEADQUARTERS OR HOME TO THE ADJACENT CITY AND RETURN TO HEADQUARTERS OR HOME, HE IS ENTITLED TO PAYMENT OF MILEAGE FOR THE DISTANCE TRAVELED BEYOND THE CORPORATE LIMITS OF HIS HEADQUARTERS CITY SUBJECT TO THE LIMITATION THAT IF THE TRAVEL STARTS FROM OR ENDS AT THE EMPLOYEE'S HOME, THE PAYMENT MAY NOT EXCEED THE AMOUNT WHICH WOULD BE PAYABLE WERE THE TRAVEL FROM AND TO THE HEADQUARTERS OFFICE. WHERE AN EMPLOYEE'S HOME IS IN A CITY THE CORPORATE LIMITS OF WHICH ARE ADJACENT TO THE CORPORATE LIMITS OF HIS HEADQUARTERS CITY AND HE PERFORMS OFFICIAL TRAVEL, UNDER A PRIOR AUTHORIZATION FOR USE OF A PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS, FROM HIS OFFICE IN THE HEADQUARTERS CITY TO POINTS WITHIN HIS HOME CITY AND RETURN TO HEADQUARTERS, HE IS ENTITLED TO PAYMENT OF MILEAGE FOR ALL TRAVEL BEYOND THE CORPORATE LIMITS OF HIS HEADQUARTERS CITY, BUT IF THE TRAVEL TO POINTS WITHIN HIS HOME CITY STARTS FROM OR ENDS AT HIS HOME, PAYMENT OF MILEAGE MAY NOT EXCEED THE AMOUNT WHICH WOULD BE PAYABLE WERE THE TRAVEL FROM HIS HEADQUARTERS OFFICE AND RETURN THERETO. WHERE AN EMPLOYEE'S HOME IS IN A CITY THE CORPORATE LIMITS OF WHICH ARE ADJACENT TO THE CORPORATE LIMITS OF HIS HEADQUARTERS CITY AND HE PERFORMS OFFICIAL TRAVEL BY PUBLIC CONVEYANCE, OR BY PRIVATELY OWNED AUTOMOBILE ON AN ACTUAL EXPENSE BASIS, FROM HIS OFFICE IN THE HEADQUARTERS CITY TO POINTS WITHIN HIS HOME CITY AND RETURN TO HEADQUARTERS, HE IS ENTITLED TO REIMBURSEMENT OF THE ACTUAL EXPENSES OF TRANSPORTATION, BUT IF SUCH TRAVEL TO POINTS WITHIN HIS HOME CITY BEGINS FROM OR ENDS AT HIS HOME, REIMBURSEMENT OF ACTUAL TRANSPORTATION EXPENSES IS LIMITED TO THE AMOUNT WHICH WOULD BE PAYABLE WERE THE TRAVEL FROM HIS HEADQUARTERS OFFICE AND RETURN THERETO. WHERE AN EMPLOYEE IS AUTHORIZED TO PERFORM OFFICIAL TRAVEL FROM HIS HOME OR IS PERMITTED TO RETURN THERETO RATHER THAN FROM AND TO HIS OFFICIAL HEADQUARTERS OFFICE, IT IS THE DUTY AND RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE TO SEE THAT NO TRANSPORTATION EXPENSES OR MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE ARE AUTHORIZED IF THE PLACE OF TEMPORARY DUTY IS CLOSER TO THE EMPLOYEE'S HOME THAN TO HIS HEADQUARTERS OFFICE, THAT IS, THAT THE TEMPORARY DUTY DOES NOT INVOLVE A GREATER DISTANCE FROM HIS HOME THAN WOULD HAVE BEEN INVOLVED HAD HE REPORTED TO HIS HEADQUARTERS OFFICE FOR REGULAR DUTY. IF OTHERWISE PROPER UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PER DIEM IN LIEU OF SUBSISTENCE, OR APPROPRIATE FRACTIONAL PART THEREOF, MAY BE ALLOWED AN EMPLOYEE FOR SHORT ABSENCES FROM HEADQUARTERS IN PERFORMING OFFICIAL TRAVEL FROM HEADQUARTERS IN A CITY, THE CORPORATE LIMITS OF WHICH ARE ADJACENT TO THE CORPORATE LIMITS OF ANOTHER CITY, TO POINTS IN THE ADJACENT CITY, BUT IT IS THE ADMINISTRATIVE RESPONSIBILITY TO SEE THAT THE PER DIEM ALLOWED IS COMMENSURATE WITH THE ACTUAL EXPENSES OF SUBSISTENCE INCURRED OVER AND ABOVE THOSE WHICH WOULD HAVE BEEN INCURRED AT HEADQUARTERS. WHERE AN EMPLOYEE BEGINS OFFICIAL TRAVEL OF LESS THAN 24 HOURS AT EXACTLY 8 A.M. OR AFTER AND RETURNS AT EXACTLY 6 P.M. OR BEFORE, PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE IS NOT AUTHORIZED. WHILE GENERALLY AN EMPLOYEE WHO PERFORMS OFFICIAL TRAVEL FROM HIS HOME, OR IS PERMITTED TO RETURN THERETO, RATHER THAN FROM AND TO HIS OFFICIAL HEADQUARTERS OFFICE IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE ON THE BASIS OF THE HOURS HE LEFT HIS HOME AND/OR RETURN THERETO, IT IS THE DUTY AND RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE TO SEE THAT NO PER DIEM IS AUTHORIZED FOR ABSENCES OF SHORT DURATION IF THERE IS NOT INVOLVED A LONGER ABSENCE FROM HIS HOME THAN WOULD HAVE BEEN REQUIRED HAD HE REPORTED TO HIS HEADQUARTERS OFFICE FOR REGULAR DUTY.

COMPTROLLER GENERAL WARREN TO THE ATTORNEY GENERAL, JULY 28, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 30, 1942, AS FOLLOWS:

THIS OFFICE IS IN RECEIPT OF THE ATTACHED LETTER FROM THE UNITED STATES ATTORNEY FOR THE DISTRICT OF MINNESOTA IN WHICH HE PROPOUNDS CERTAIN QUESTIONS RELATIVE TO TRANSPORTATION AND SUBSISTENCE COSTS IN PROCEEDING FROM ST. PAUL TO MINNEAPOLIS, AND RETURN.

SOME OF THE QUESTIONS RAISED BY THE UNITED STATES ATTORNEY HAVE ALREADY BEEN ANSWERED IN YOUR DECISION OF FEBRUARY 15, 1933, A-46831, ADDRESSED TO MR. BERNARD ANDERSON, FORMER UNITED STATES MARSHAL AT ST. PAUL, AND A COPY OF SUCH DECISION WOULD HAVE BEEN FORWARDED TO THE UNITED STATES ATTORNEY FOR HIS INFORMATION WERE IT NOT FOR THE FACT THAT ACTION TAKEN ON THREE VOUCHERS SUBMITTED FOR PREAUDIT AND CERTIFIED BY THE GENERAL ACCOUNTING OFFICE WAS CONTRARY THERETO. SEE IN THIS CONNECTION VOUCHERS NO. 797, NO. 798, AND NO. 799 IN THE FEBRUARY 1942 ACCOUNTS OF JOHN J. FARRELL, UNITED STATES MARSHAL, ST. PAUL, MINNESOTA, SYMBOL NO. 31-538.

YOUR VIEWS AS TO THE QUESTIONS PROPOUNDED BY THE UNITED STATES ATTORNEY WOULD BE APPRECIATED.

THE REFERRED-TO LETTER FROM THE UNITED STATES ATTORNEY FOR THE DISTRICT OF MINNESOTA IS DATED APRIL 21, 1942, AND READS AS FOLLOWS:

SOME QUESTIONS HAVE BEEN RAISED REGARDING THE RIGHT, IF ANY, TO REIMBURSEMENT FOR OFFICIAL TRAVEL FROM ST. PAUL, MINNESOTA, TO MINNEAPOLIS, MINNESOTA, BY PERSONS WORKING IN THIS OFFICE AT ST. PAUL, MINNESOTA. IT IS NECESSARY ON FREQUENT OCCASIONS FOR SUCH PERSONS TO TRAVEL ON OFFICIAL BUSINESS FROM ST. PAUL, MINNESOTA, TO MINNEAPOLIS, MINNESOTA. ALL PERSONS WORKING IN THIS OFFICE AT ST. PAUL, MINNESOTA, HAVE THEIR OFFICIAL HEADQUARTERS AT ST. PAUL, MINNESOTA. MOST OF THE PERSONS WORKING IN THIS OFFICE AT ST. PAUL, MINNESOTA, HAVE THEIR HOMES AT ST. PAUL, MINNESOTA. HOWEVER, THERE MAY BE AN INSTANCE OF A PERSON WORKING IN THIS OFFICE AT ST. PAUL, MINNESOTA, HAVING OFFICIAL HEADQUARTERS AT ST. PAUL, MINNESOTA, AND YET BE MAKING THEIR HOME AT MINNEAPOLIS, MINNESOTA. THE DIFFERENT TRAVEL SITUATIONS THAT MAY BE PRESENTED APPEAR TO BE AS FOLLOWS:

(1) OFFICIAL TRAVEL FROM ST. PAUL OFFICE TO MINNEAPOLIS AND RETURN TO ST. PAUL OFFICE;

(2) OFFICIAL TRAVEL FROM ST. PAUL OFFICE TO MINNEAPOLIS AND RETURN TO HOME AT ST. PAUL;

(3) OFFICIAL TRAVEL FROM ST. PAUL OFFICE TO MINNEAPOLIS AND RETURN TO HOME AT MINNEAPOLIS;

(4) OFFICIAL TRAVEL FROM HOME AT ST. PAUL TO MINNEAPOLIS AND THEN TO OFFICE AT ST. PAUL;

(5) OFFICIAL TRAVEL FROM HOME AT ST. PAUL TO MINNEAPOLIS AND THEN TO HOME AT ST. PAUL;

(6) OFFICIAL TRAVEL FROM HOME AT MINNEAPOLIS TO MINNEAPOLIS AND THEN TO OFFICE AT ST. PAUL;

(7) OFFICIAL TRAVEL FROM HOME AT MINNEAPOLIS TO MINNEAPOLIS AND THEN HOME TO MINNEAPOLIS.

AS HERETOFORE INDICATED, MOST OF THE PERSONS WORKING IN THIS OFFICE IN ST. PAUL HAVE THEIR HOMES IN ST. PAUL AND ARE REASONABLY CLOSE TO TRANSPORTATION FACILITIES THAT TAKE THEM TO DOWNTOWN ST. PAUL AND RETURN. LIKEWISE, TRANSPORTATION FACILITIES FROM DOWNTOWN ST. PAUL TO DOWNTOWN MINNEAPOLIS ARE REASONABLY GOOD. HOWEVER, TRANSPORTATION FACILITIES FROM HOMES IN ST. PAUL TO DOWNTOWN MINNEAPOLIS ARE FAR FROM GOOD AND IT TAKES CONSIDERABLE TIME AS IT NECESSITATES A NUMBER OF CHANGES, AND IN FACT ENTAILS IN SOME CASES GOING TOWARD ST. PAUL BEFORE CATCHING TRANSPORTATION GOING TO MINNEAPOLIS. AS YOU ARE PROBABLY AWARE, ST. PAUL AND MINNEAPOLIS ARE CONTIGUOUS AT SOME POINTS AND THEREAT THE CORPORATE CITY LIMITS OF ONE ALSO CONSTITUTE THE CORPORATE CITY LIMITS OF THE OTHER.

ST. PAUL AND MINNEAPOLIS, WHILE REGARDED AS THE TWIN CITIES AND WHILE THEIR CITY LIMITS ARE CONTIGUOUS AT SOME POINTS, ARE SEPARATE AND INDEPENDENT CITIES EACH HAVING THEIR OWN CITY GOVERNMENTS SUCH AS MAYORS, CITY COUNCILS, POLICE DEPARTMENTS, AND THE LIKE. MAIL FROM EITHER CITY TO THE OTHER REQUIRES THREE CENTS POSTAGE. TRANSPORTATION FROM EITHER CITY TO THE OTHER BY STREETCAR REQUIRES TWO STREETCAR FARES AND SUCH TRANSPORTATION BY BUS REQUIRES TWO BUS FARES. THE ROUND TRIP RATE BY STREETCAR IS 32 CENTS WHILE BY BUS IT IS 50 CENTS. THE TRAVEL DISTANCE FROM THE ST. PAUL OFFICE TO THE MINNEAPOLIS OFFICE AND RETURN IS APPROXIMATELY 20 MILES OF WHICH ABOUT 10 MILES IS WITHIN THE CORPORATE LIMITS OF ST. PAUL AND ABOUT 10 MILES IS WITHIN THE CORPORATE LIMITS OF MINNEAPOLIS. THERE IS NO TRAVEL BETWEEN THE CITY LIMITS OF THE TWO CITIES IN GOING DIRECTLY FROM ONE CITY TO THE OTHER. THE CUSTOMARY CHARGE FOR PARKING CARS NEAR THE MINNEAPOLIS OFFICE IS 20 CENTS. THE CHARGE FOR TAXICAB FARE FROM THE ST. PAUL OFFICE TO THE CITY LIMITS IS APPROXIMATELY $1.65, AND THE TAXICAB FARE FROM THE MINNEAPOLIS OFFICE TO THE CITY LIMITS IS APPROXIMATELY THE SAME.

THE FOREGOING REPRESENTS A BRIEF SUMMARY OF THE EXISTING SITUATION AS IT AFFECTS THIS OFFICE. AS FAR AS I KNOW, SINCE I HAVE BEEN IN THIS OFFICE NO PERSON FROM THIS OFFICE HAS DURING SUCH TIME PRESENTED ANY CLAIM TO REIMBURSEMENT FOR THE TYPE OF TRAVEL HERETOFORE MENTIONED. WE HAVE RECENTLY BEEN INFORMALLY ADVISED BY THE OFFICE OF THE UNITED STATES MARSHAL FOR THIS DISTRICT THAT OF THE PERSONS PAID BY THAT OFFICE FOR TRAVEL, THIS OFFICE IS THE ONLY ONE WHICH DOES NOT CLAIM AND RECEIVE REIMBURSEMENT FOR SUCH TRAVEL. THE TRAVEL FACILITIES GENERALLY EMPLOYED BY THE MEN IN THIS OFFICE FOR SUCH TRAVEL HAVE BEEN THE USE OF THEIR OWN CARS. HOWEVER, DURING THE EXTREME COLD WEATHER AND LATELY DUE TO THE RUBBER SITUATION THERE HAS BEEN A MORE FREQUENT USE OF BUS, STREETCAR, AND TAXICAB FACILITIES. WHERE THE TRAVEL IS FROM HOME TO MINNEAPOLIS, THERE IS FREQUENT USE OF THEIR OWN CARS BECAUSE OF THE DIFFICULTY IN GETTING TRANSPORTATION. AT THE PRESENT TIME THE TRAVEL IS BY PRIVATE CAR, BUS, TAXICAB, OR STREETCAR. IN SOME INSTANCES IT MAY BE A COMBINATION OF SOME OF THESE MEANS OF TRANSPORTATION. WE HAVE SCRUTINIZED EXISTING TRAVEL REGULATIONS AND ARE NOT AT ALL CERTAIN THAT THESE REGULATIONS PROHIBIT REIMBURSEMENT FOR SUCH TRAVEL. IF REIMBURSEMENT MAY BE PROPERLY CLAIMED FOR SUCH TRAVEL, OUR SECOND QUESTION CONCERNS THE AMOUNT OF SUCH REIMBURSEMENT. THE AMOUNT OF SUCH REIMBURSEMENT IN CASES OF TRAVEL BY BUS, STREETCAR, OR TAXICAB WOULD SEEM TO BE THE AMOUNT ACTUALLY INCURRED. IN CASES OF TRAVEL BY PRIVATELY OWNED CAR, SUCH TRAVEL COULD BE COMPUTED ON A MILEAGE BASIS. HOWEVER, IF SUCH TRAVEL BY PRIVATELY OWNED CAR WERE COMPUTED ON A MILEAGE BASIS, WOULD THAT PORTION OF THE TRAVEL WITHIN THE CORPORATE LIMITS OF THE OFFICIAL STATION NECESSARILY HAVE TO BE EXCLUDED? IF SUCH PORTION WERE TO BE EXCLUDED IT WOULD NOT SEEM FAIR, AS THE TRAVEL TO MINNEAPOLIS FROM HOME IN ST. PAUL WITHIN THE CORPORATE LIMITS OF ST. PAUL IS IN A DIRECTION AWAY FROM AND NOT TOWARD THE OFFICE IN ST. PAUL.

THE NEXT QUESTION WHICH HAS ARISEN IS TO WHAT EXTENT, IF ANY, PER DIEM MAY BE PROPERLY CLAIMED BY PERSONS WORKING IN THIS OFFICE AT ST. PAUL, MINNESOTA, IN TRAVELING TO AND ATTENDANCE AT MINNEAPOLIS, MINNESOTA. EXAMINATION OF THE EXISTING TRAVELING REGULATIONS DISCLOSES THAT THERE APPEARS NO PROHIBITION AGAINST PAYMENT OF PER DIEM FOR SUCH TRAVEL, EXCEPT THE PROVISION IN PARAGRAPH 51 OF THE GOVERNMENT TRAVEL REGULATIONS SPECIFYING THAT PER DIEM WILL NOT BE ALLOWED WHEN DEPARTURE IS AFTER 8:00 A.M. AND THE RETURN ON THE SAME DAY IS PRIOR TO 6:00 P.M. OR FOR ANY ABSENCE NOT EXCEEDING THREE HOURS. WE UNDERSTAND THIS PROVISO IN PARAGRAPH 51 OF THE GOVERNMENT TRAVEL REGULATIONS TO MEAN THAT WHERE THE ABSENCE IS MORE THAN THREE HOURS PER DIEM MAY BE CLAIMED: (1) IF THE DEPARTURE IS AT 8:00 A.M. OR BEFORE, NOTWITHSTANDING A RETURN PRIOR TO 6:00 P.M. ON THE SAME DAY; AND (2) IF THE RETURN IS AT 6:00 P.M. OR AFTER, NOTWITHSTANDING A DEPARTURE AFTER 8:00 A.M. ON THE SAME DAY.

WE WOULD APPRECIATE BEING ADVISED DEFINITELY WHETHER REIMBURSEMENT MAY BE PROPERLY CLAIMED FOR SUCH TRAVEL AS WELL AS THE PER DIEM INCIDENT THERETO. FURTHERMORE, IF SUCH REIMBURSEMENT MAY BE PROPERLY CLAIMED, WE WOULD APPRECIATE BEING ADVISED THE BASIS UPON WHICH SUCH CLAIM IS TO BE MADE. WE SHALL BE GLAD TO HEAR FROM YOU AT YOUR EARLY CONVENIENCE.

THE DECISION OF FEBRUARY 15, 1933, A-46831, REFERRED TO IN YOUR LETTER, STATED, IN PERTINENT PART, AS FOLLOWS:

IT IS UNDERSTOOD THAT ST. PAUL AND MINNEAPOLIS ARE BUT 10 MILES APART, WITH ADEQUATE AND CONVENIENT TRANSPORTATION FACILITIES BETWEEN THE TWO CITIES. IT HAS BEEN HELD REPEATEDLY THAT OFFICERS AND EMPLOYEES OF THE GOVERNMENT STATIONED IN ONE OF THE TWO CITIES HEREIN CANNOT BE ALLOWED TRANSPORTATION, SUBSISTENCE, OR PER DIEM IN LIEU THEREOF, WHILE ON DUTY IN THE OTHER. SEE 4 COMP. GEN. 466; 7 ID.165; A 23967, AUGUST 22, 1928; A- 24258, SEPTEMBER 11, 1928; A-26615, APRIL 17, 1929; A-26619, APRIL 27, 1929--- NOT OVERLOOKING THE ACTION IN A 23561, JULY 27, 1928.

THE EDITION OF THE STANDARDIZED TRAVEL REGULATIONS APPROVED JANUARY 30, 1934--- ISSUED SUBSEQUENT TO THE ABOVE-QUOTED DECISION AND THOSE THEREIN CITED--- AS WELL AS SUBSEQUENT EDITIONS, DEFINES THE OFFICIAL STATION OR POST OF DUTY AS FOLLOWS:

DESIGNATED POST OF DUTY AND OFFICIAL STATION MEAN ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED, BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY.

IN THE LIGHT OF SAID DEFINITION, THE DECISION QUOTED IN PART, SUPRA, IS NO LONGER FOR APPLICATION.

IN DECISION OF JANUARY 17, 1938, 17 COMP. GEN. 574, IT WAS HELD (QUOTING THE SYLLABUS):

THERE IS NO OBJECTION TO PAYMENT OF MILEAGE TO NAVY DEPARTMENT CIVILIAN INSPECTORS FOR USE OF PERSONALLY OWNED AUTOMOBILES OUTSIDE CORPORATE LIMITS OF OFFICIAL STATIONS IN TRAVELING TO PLACES OF INSPECTION DIRECTLY FROM THEIR DOMICILES BY THE SHORTEST ROUTES, IN ACCORDANCE WITH REGULATIONS LIMITING SUCH PAYMENTS TO AMOUNTS NOT IN EXCESS OF MILEAGE FOR DISTANCE FROM CORPORATE LIMITS OF OFFICIAL STATION BASED ON SHORTEST ROUTE FROM EMPLOYEE'S HEADQUARTERS TO PLACE OF INSPECTION AND RETURN. HOWEVER, THAT DECISION IS TO BE CONSIDERED IN THE LIGHT OF THE ADMINISTRATIVE PRACTICE DISCLOSED IN THE PRIOR DECISION OF OCTOBER 18, 1937, A-89398, REFERRED TO IN THE ADMINISTRATIVE LETTER OF DECEMBER 27, 1937, FORMING THE BASIS OF THE DECISION OF JANUARY 17, 1938, SUPRA, NAMELY, THAT " NO MILEAGE IS INCURRED IF THE RUN FROM HOME TO PLANT IS LESS THAN THE RUN FROM HOME TO OFFICE.'

WHERE AUTHORIZED TRAVEL ON OFFICIAL BUSINESS IS CONFINED TO BUS OR STREETCAR, REIMBURSEMENT FOR TRANSPORTATION COSTS MAY BE MADE UPON AN ACTUAL EXPENSE BASIS, IRRESPECTIVE OF WHETHER IT IS WITHIN THE CORPORATE LIMITS OF THE CITY IN WHICH THE HEADQUARTERS IS LOCATED OR OUTSIDE OF SUCH BOUNDARIES. THE VOUCHERS REFERRED TO IN YOUR SUBMISSION, NOS. 797, 798, AND 799, IN THE ACCOUNTS OF JOHN J. FARRELL, UNITED STATES MARSHAL, COVERED REIMBURSEMENT FOR ACTUAL EXPENSES OF TRANSPORTATION BY SUCH PUBLIC CONVEYANCES AND WERE CERTIFIED FOR PAYMENT UPON THAT BASIS. WHEN PRIVATELY OWNED AUTOMOBILES ARE USED WITHIN THE CORPORATE LIMITS OF A HEADQUARTERS CITY, IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY PROVIDING OTHERWISE, REIMBURSEMENT MUST BE CONFINED TO THE ACTUAL EXPENSE BASIS, THAT IS, REIMBURSEMENT FOR GASOLINE AND OIL ACTUALLY CONSUMED NOT IN EXCESS OF THE COST BY PUBLIC CONVEYANCE, IF AVAILABLE. WHERE PRIVATELY OWNED AUTOMOBILES ARE USED FOR TRANSPORTATION BEYOND THE CORPORATE LIMITS OF A HEADQUARTERS CITY, REIMBURSEMENT MAY BE MADE UPON A MILEAGE BASIS, IF SUCH MODE OF TRANSPORTATION BE PREVIOUSLY AUTHORIZED AND DETERMINED TO BE MORE ECONOMICAL AND ADVANTAGEOUS, BUT ONLY FOR THE MILEAGE TRAVELED BEYOND THE CORPORATE LIMITS OF THE HEADQUARTERS CITY. SEE PARAGRAPH 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. IT IS TO BE UNDERSTOOD, OF COURSE, THAT NO REIMBURSEMENT IS AUTHORIZED OF EXPENSES INCURRED FOR TRANSPORTATION BETWEEN THE EMPLOYEE'S HOME AND OFFICE OR REGULAR PLACE OF DUTY.

IN THE MATTER OF SUBSISTENCE, SECTION 3 OF THE SUBSISTENCE ACT OF 1926, AS ORIGINALLY ENACTED, 44 STAT. 689, PROVIDED FOR THE ALLOWANCE OF ACTUAL NECESSARY EXPENSES OF SUBSISTENCE NOT TO EXCEED $7 PER CALENDAR DAY. SECTION 207 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405 (UNDER THE HEADING " PERMANENT REDUCTION OF TRAVEL ALLOWANCES") AMENDED SECTION 3 OF THE 1926 ACT SO AS TO AUTHORIZE A PER DIEM IN LIEU OF ACTUAL EXPENSES OF SUBSISTENCE NOT TO EXCEED $5 PER DAY, AND IN SECTION 208 OF THE AMENDATORY ACT IT IS PROVIDED THAT THE FIXING AND PAYMENT OF THE PER DIEM ALLOWANCE SHALL BE IN ACCORDANCE WITH THE STANDARDIZED REGULATIONS TO BE PROMULGATED BY THE HEADS OF THE DEPARTMENTS OR ESTABLISHMENTS CONCERNED BUT NOT TO BE EFFECTIVE UNTIL APPROVED BY THE PRESIDENT. PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROMULGATED UNDER THE AUTHORITY OF SAID ACT PROVIDES IN MATERIAL PART THAT: * * * THE RATES OF THE PER DIEM IN LIEU OF ACTUAL EXPENSES FOR SUBSISTENCE AUTHORIZED BY LAW REPRESENT THE MAXIMUM ALLOWABLE NOT THE MINIMUM. IT IS THE RESPONSIBILITY OF THE HEADS OF THE DEPARTMENTS AND ESTABLISHMENTS TO SEE THAT TRAVEL ORDERS AUTHORIZE ONLY SUCH PER DIEM RATES AS ARE JUSTIFIED BY THE NATURE OF THE TRAVEL. TO THIS END CARE SHOULD BE EXERCISED TO PREVENT THE FIXING OF A PER DIEM RATE IN EXCESS OF THAT REQUIRED TO MEET THE NECESSARY AUTHORIZED EXPENSES. THE SAID SECTION 3 WAS FURTHER AMENDED BY THE ACT OF JANUARY 30, 1942, PUBLIC LAW 424, 56 STAT. 39, WHICH INCREASED THE PER DIEM RATE FROM $5 TO $6.

ACCORDINGLY, SUBJECT TO ADMINISTRATIVE AUTHORIZATION UNDER PARAGRAPH 45 OF THE ABOVE REGULATIONS, PER DIEM OR APPROPRIATE FRACTIONAL PART THEREOF, MAY BE ALLOWED IF THE OFFICIAL ABSENCE FROM HEADQUARTERS EXCEEDS THREE HOURS AND BEGINS BEFORE 8 A.M., EVEN THOUGH THE RETURN IS BEFORE 6 P.M., OR IF SUCH ABSENCE BEGINS AFTER 8 A.M., AND EXTENDS BEYOND 6 P.M. AN ABSENCE BEGINNING AT EXACTLY 8 A.M. DOES NOT ENTITLE TO PER DIEM IF NOT EXTENDING BEYOND 6 P.M. SEE 18 COMP. GEN. 319. OF COURSE, IRRESPECTIVE OF THE HOURLY LIMITS SO STATED, IF SHORT ABSENCES FROM HEADQUARTERS ARE UNDER SUCH CIRCUMSTANCES AS NOT TO REQUIRE ANY INCREASE IN THE ACTUAL EXPENSES OF SUBSISTENCE OVER THOSE WHICH WOULD HAVE BEEN INCURRED AT HEADQUARTERS, THE BASIS FOR REIMBURSEMENT ON A PER DIEM "IN LIEU OF ACTUAL EXPENSE OF SUBSISTENCE" FAILS AND IT IS THE ADMINISTRATIVE RESPONSIBILITY TO SEE THAT THE AUTHORIZED PER DIEM SHALL NOT EXCEED ACTUAL EXPENSES NECESSARILY INCURRED. SEE DECISION OF JANUARY 22, 1942, B-18964, 21 COMP. GEN. 697.

REFERRING TO THE NUMBERED TRAVEL SITUATIONS LISTED IN THE UNITED STATES ATTORNEY'S LETTER, SUPRA, WHERE AN EMPLOYEE'S HEADQUARTERS AND HOME ARE BOTH LOCATED IN ST. PAUL, AND TRAVEL IS PERFORMED EITHER FROM HEADQUARTERS OR HOME TO MINNEAPOLIS, ON OFFICIAL DUTY AND RETURN TO HEADQUARTERS OR TO HOME IN ST. PAUL, REIMBURSEMENT FOR ACTUAL EXPENSES OF TRANSPORTATION BY PUBLIC CONVEYANCE WOULD BE AUTHORIZED SUBJECT TO THE LIMITATION--- AS WELL AS TO THE ADMINISTRATIVE RESPONSIBILITY REFERRED TO IN THE CONCLUDING PARAGRAPH OF THIS DECISION--- THAT, IF STARTING FROM OR RETURNING TO THE EMPLOYEE'S HOME, IT (REIMBURSEMENT) MAY NOT EXCEED WHAT WOULD HAVE BEEN INCURRED BY STARTING FROM OR RETURNING TO THE HEADQUARTERS OFFICE. SUBJECT TO THE SAME LIMITATION AND ADMINISTRATIVE RESPONSIBILITY, REIMBURSEMENT FOR THE USE OF PRIVATELY OWNED AUTOMOBILE MIGHT BE EITHER ON AN ACTUAL EXPENSE BASIS FOR THE ENTIRE DISTANCE NOT EXCEEDING THE DISTANCE THAT WOULD HAVE BEEN TRAVELED FROM AND TO THE HEADQUARTERS OFFICE, OR ON A MILEAGE BASIS (PREVIOUSLY AUTHORIZED IN ACCORDANCE WITH LAW AND REGULATIONS) FOR THE DISTANCE TRAVELED ON OFFICIAL BUSINESS BEYOND THE CORPORATE LIMITS OF ST. PAUL. SITUATIONS NOS. 1, 2, 4, AND 5 SHOULD BE HANDLED ACCORDINGLY.

WHERE THE EMPLOYEE'S HEADQUARTERS IS IN ST. PAUL BUT HIS HOME IS IN MINNEAPOLIS, OFFICIAL TRAVEL ON PUBLIC CONVEYANCES TO POINTS IN MINNEAPOLIS FROM THE OFFICE IN ST. PAUL AND RETURN TO ST. PAUL WOULD ENTITLE THE EMPLOYEE TO REIMBURSEMENT FOR THE ACTUAL EXPENSES INCURRED, OR MILEAGE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE, SUBJECT TO PRIOR AUTHORIZATION, FOR ALL TRAVEL BEYOND THE CORPORATE LIMITS OF ST. PAUL. HOWEVER, IF THE TRAVELER BEGINS HIS JOURNEY TO MINNEAPOLIS POINTS FROM HIS HOME OR ENDS IT AT HIS HOME IN MINNEAPOLIS, REIMBURSEMENT FOR ACTUAL EXPENSES OF TRANSPORTATION OR MILEAGE MAY NOT EXCEED WHAT IT WOULD HAVE COST TO TRAVEL FROM HIS HEADQUARTERS OFFICE AND RETURN THERETO. SITUATIONS NOS. 3, 6, AND 7 ARE FOR HANDLING IN ACCORDANCE HEREWITH. 89398, OCTOBER 18, 1937; 17 COMP. GEN. 574; A 93729, APRIL 22, 1938 (QUESTION AND ANSWER "E").

WHEN A TRAVELER STARTS FROM HIS HOME OR IS PERMITTED TO RETURN THERETO RATHER THAN FROM AND TO HIS OFFICIAL HEADQUARTERS OFFICE, THE PER DIEM IN LIEU OF SUBSISTENCE IS FOR COMPUTING ON THE BASIS OF THE HOURS THE EMPLOYEE LEFT HIS HOME AND/OR RETURNED THERETO.

HOWEVER, IN THE APPLICATION OF THE RULES STATED ABOVE, IT IS THE DUTY AND RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE TO SEE THAT NO PER DIEM OR TRANSPORTATION EXPENSES OR MILEAGE ARE AUTHORIZED IF THE PLACE OF TEMPORARY DUTY IS CLOSER TO THE EMPLOYEE'S HOME THAN TO HIS HEADQUARTERS OFFICE--- THAT IS, DOES NOT INVOLVE A GREATER ABSENCE OR DISTANCE FROM HIS HOME THAN WOULD HAVE BEEN REQUIRED HAD HE REPORTED TO HIS HEADQUARTERS OFFICE FOR REGULAR DUTY.