B-51124, AUGUST 9, 1945, 25 COMP. GEN. 167

B-51124: Aug 9, 1945

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EXPENSES THEREOF ARE NOT SUBSISTENCE EXPENSES. " NO PER DIEM ALLOWANCE DEDUCTION AS FOR LODGINGS IS REQUIRED UNDER PARAGRAPH 47 (A) OF SAID REGULATIONS IN THE CASE OF AN EMPLOYEE WHO. IS TO BE PAID PER DIEM ON THE BASIS OF THE $7 RATE AUTHORIZED FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES RA THAN THE $3 RATE AUTHORIZED . WHILE ABOARD SHIP WHERE THE COST OF MEALS IS INCLUDED IN THE FARE PAID.'. AS FOLLOWS: THERE IS ATTACHED HERETO A VOUCHER WHICH HAS BEEN PRESENTED FOR CERTIFICATION FOR PAYMENT IN FAVOR OF NORMAN E. THE EMPLOYEE'S TRAVEL ORDERS ALLOWED A PER DIEM OF "$3.00 WHILE ABOARD SHIP WHERE COST OF MEALS IS INCLUDED IN FARE PAID.'. A GOVERNMENT TRANSPORTATION REQUEST WAS USED COVERING TRANSPORTATION AND MEALS WHILE ABOARD THE S.S.

B-51124, AUGUST 9, 1945, 25 COMP. GEN. 167

SUBSISTENCE - PER DIEMS - VESSELS - DEDUCTIONS FOR LODGING FURNISHED ON GOVERNMENT-OPERATED VESSELS IN VIEW OF PARAGRAPH 44 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDING THAT THE TERM "LODGINGS" DOES NOT INCLUDE "STATEROOMS OR BERTHS ON STEAMERS, AND EXPENSES THEREOF ARE NOT SUBSISTENCE EXPENSES," NO PER DIEM ALLOWANCE DEDUCTION AS FOR LODGINGS IS REQUIRED UNDER PARAGRAPH 47 (A) OF SAID REGULATIONS IN THE CASE OF AN EMPLOYEE WHO, IN CONNECTION WITH TRAVEL BY VESSEL OPERATING UNDER BAREBOAT CHARTER TO THE GOVERNMENT, IS TO BE PAID PER DIEM ON THE BASIS OF THE $7 RATE AUTHORIZED FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES RA THAN THE $3 RATE AUTHORIZED ,WHILE ABOARD SHIP WHERE THE COST OF MEALS IS INCLUDED IN THE FARE PAID.' COMPARE 24 COMP. GEN. 365.

COMPTROLLER GENERAL WARREN TO RICHARD FAXON, DEPARTMENT OF AGRICULTURE, AUGUST 9, 1945:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JUNE 28, 1945, AS FOLLOWS:

THERE IS ATTACHED HERETO A VOUCHER WHICH HAS BEEN PRESENTED FOR CERTIFICATION FOR PAYMENT IN FAVOR OF NORMAN E. FLITTERS, PLANT QUARANTINE INSPECTOR, IN THE AMOUNT OF $28.00 COVERING TAXI FARE $1.00 AND PER DIEM $27.00 BETWEEN SAN FRANCISCO, CALIFORNIA AND HONOLULU, T.H. FROM JUNE 12 TO JUNE 21, 1945, UNDER ORDERS OF THE ACTING CHIEF OF THE BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE DATED APRIL 4, 1945.

THE EMPLOYEE'S TRAVEL ORDERS ALLOWED A PER DIEM OF "$3.00 WHILE ABOARD SHIP WHERE COST OF MEALS IS INCLUDED IN FARE PAID.' A GOVERNMENT TRANSPORTATION REQUEST WAS USED COVERING TRANSPORTATION AND MEALS WHILE ABOARD THE S.S. MAUNALEI OF THE MATSON NAVIGATION COMPANY OPERATING UNDER BAREBOAT CHARTER TO THE WAR SHIPPING ADMINISTRATION.

THE UNDERSIGNED WISHES TO BE INFORMED AS TO HOW FAR THE DECISION OF THE COMPTROLLER GENERAL 24-365 (B-45286) APPLIES TO THE ATTACHED REIMBURSEMENT VOUCHER. THERE ARE OBVIOUS POINTS OF SIMILARITY BETWEEN MR. FLITTERS' VOUCHER AND THAT OF MR. MAFFEY CONSIDERED IN THE MENTIONED DECISION. HOWEVER, MR. FLITTERS' TRAVEL ORDERS OMIT REFERENCES TO "BERTH.' PARAGRAPH 44 (A) GOVERNMENT TRAVEL REGULATIONS STATES: "THE TERM "LODGINGS" DOES NOT INCLUDE BERTHS, SECTIONS, COMPARTMENTS OR DRAWING ROOMS ON SLEEPING CARS OR STATEROOMS OR BERTHS ON STEAMERS, AND THE EXPENSES THEREOF ARE NOT SUBSISTENCE EXPENSES. (SEE PARS. 47 AND 47 (A)

IN CONNECTION WITH CERTIFICATION OF THE ATTACHED VOUCHER SHOULD I BE GOVERNED BY THE PER DIEM ADMINISTRATIVELY ALLOWED AS CLAIMED BY THE TRAVELER; THE 4/5 REDUCTION OF THE $7.00 RATE OF PER DIEM AS DECIDED IN 24 -365 (B-45286); OR SHOULD THE $7.00 PER DIEM BE REDUCED BY ONLY 3/5 FOR THE THREE MEALS FURNISHED EACH DAY?

IN DECISION OF NOVEMBER 7, 1944, B-45286, 24 COMP. GEN. 365, REFERRED TO IN YOUR LETTER, IT WAS HELD (QUOTING FROM THE SYLLABUS):

WHERE AN EMPLOYEE'S TRAVEL ORDER AUTHORIZED $7 PER DIEM IN LIEU OF SUBSISTENCE FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES "EXCEPT THAT THE RATE WILL BE $2.50 ABOARD SHIPS WHEN TICKET INCLUDES MEALS AND BERTH," THE EXCEPTION IS REGARDED AS HAVING BEEN INTENDED FOR APPLICATION IF THE TRAVEL WERE PERFORMED ON A COMMERCIAL VESSEL, AND WHERE THE TRAVEL WAS NOT SO PERFORMED BUT BY A VESSEL OPERATED BY THE GOVERNMENT UNDER BAREBOAT CHARTER, THE $7 RATE BECAME THE BASIC RATE PAYABLE, FROM WHICH ONE-FIFTH MUST BE DEDUCTED FOR EACH MEAL AND LODGING FURNISHED WITHOUT COST, IN ACCORDANCE WITH PARAGRAPH 47 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

AS STATED IN YOUR LETTER, THE FACTS PRESENTED IN THIS CASE ARE SUBSTANTIALLY THE SAME AS THOSE CONSIDERED IN THE ABOVE DECISION, EXCEPT THAT THE TRAVEL ORDERS INVOLVED HERE ALLOWED THE TRAVELER A PER DIEM OF $3 "ABOARD SHIP WHERE COST OF MEALS IS INCLUDED IN THE FARE PAID," AND MENTION WAS MADE IN SAID TRAVEL ORDERS AS TO WHETHER THE COST OF BERTH OR STATEROOM ON THE SHIP ALSO WAS TO BE INCLUDED IN THE FARE.

IN LINE WITH THE HOLDING IN THE ABOVE DECISION, SINCE THE PAYMENT OF $3 PER DIEM WOULD BE IN EXCESS OF THE PER DIEM AUTHORIZED IN PARAGRAPH 47 (A) OF THE TRAVEL REGULATIONS, SUCH PROVISION OF THE TRAVEL ORDERS MUST BE DISREGARDED. AS NOTED IN YOUR LETTER, PARAGRAPH 44 (A) OF THE TRAVEL REGULATIONS EXPRESSLY PROVIDES THAT THE TERM "LODGINGS" DOES NOT INCLUDE "STATEROOMS OR BERTHS ON STEAMERS, AND EXPENSES THEREOF ARE NOT SUBSISTENCE EXPENSES," IN VIEW THEREOF, THE $7 PER DIEM RATE SPECIFIED IN THE TRAVEL ORDER FOR TRAVEL OUTSIDE THE CONTINENTAL UNITED STATES IS SUBJECT TO REDUCTION OF ONE-FIFTH FOR EACH MEAL FURNISHED BY THE GOVERNMENT WITHOUT CHARGE AS SPECIFIED IN THE TRAVEL ORDERS. HENCE, THE TRAVELER IS ENTITLED TO TWO-FIFTHS OF $7 PER DIEM, OR $2.80, FOR EACH WHOLE DAY COVERED BY THE TRAVEL HERE INVOLVED.

THE VOUCHER IS RETURNED HEREWITH AND SHOULD BE RECOMPUTED ON THE FOREGOING BASIS BEFORE BEING CERTIFIED FOR PAYMENT.