B-96675, AUGUST 16, 1950, 30 COMP. GEN. 78

B-96675: Aug 16, 1950

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

FOR ACTUAL AIR TRAVEL INVOLVING AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES HAVE BEEN ESTABLISHED IS ALSO APPLICABLE TO ALL STOPOVERS. THE MAXIMUM PER DIEM RATE AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO BE PAID FOR STOPOVERS OF 6 HOURS OR MORE OCCURRING DURING A JOURNEY BY AIR IS THE RATE PRESCRIBED AS THE MAXIMUM FOR THE AREA IN WHICH THE STOPOVER OCCURS. 1950: REFERENCE IS MADE TO YOUR LETTER OF JULY 7. QUEENIN WAS AUTHORIZED TO TRAVEL ON OR ABOUT FEBRUARY 2. THE STATED PURPOSE OF THE TRAVEL WAS TO INSTALL CENTRALIZATION OF FISCAL OPERATIONS AND FISCAL REPRESENTATION AT POSTS IN THE ABOVE MENTIONED COUNTRIES. THE MAXIMUM PER DIEM PERMISSIBLE UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WAS AUTHORIZED IN SUCH ORDERS.

B-96675, AUGUST 16, 1950, 30 COMP. GEN. 78

SUBSISTENCE - AIR TRAVEL - RATES PAYABLE FOR STOPOVERS THE MAXIMUM PER DIEM RATE OF $6 PRESCRIBED BY PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, FOR ACTUAL AIR TRAVEL INVOLVING AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES HAVE BEEN ESTABLISHED IS ALSO APPLICABLE TO ALL STOPOVERS--- ACTUAL TIME GROUNDED--- OF LESS THAN 6 HOURS' DURATION DURING SUCH TRAVEL; HOWEVER, THE MAXIMUM PER DIEM RATE AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO BE PAID FOR STOPOVERS OF 6 HOURS OR MORE OCCURRING DURING A JOURNEY BY AIR IS THE RATE PRESCRIBED AS THE MAXIMUM FOR THE AREA IN WHICH THE STOPOVER OCCURS.

COMPTROLLER GENERAL WARREN TO H. W. GRIFFIN, DEPARTMENT OF STATE, AUGUST 16, 1950:

REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1950, FILE NO. OMB:DF/Y:HWG, TRANSMITTING TO THIS OFFICE A TRAVEL REIMBURSEMENT VOUCHER IN FAVOR OF RAYMOND J. QUEENIN AND REQUESTING A DECISION AS TO THE RATE OF PER DIEM PROPERLY PAYABLE TO MR. QUEENIN ON SUCH VOUCHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH.

BY DEPARTMENT OF STATE TRAVEL AUTHORIZATION DATED JANUARY 25, 1950, NO. O -3336, MR. QUEENIN WAS AUTHORIZED TO TRAVEL ON OR ABOUT FEBRUARY 2, 1950, BY ANY FEASIBLE MEANS FROM WASHINGTON, D.C., "TO SUCH PLACES AS MAY BE NECESSARY IN KOREA; JAPAN, FRENCH INDOCHINA, HONG KONG, PHILIPPINES, AND AUSTRALIA, IN SUCH ORDER AND AT SUCH TIMES AS MAY BE NECESSARY, AND RETURN TO WASHINGTON, D.C., ON OR ABOUT APRIL 10, 1950.' THE STATED PURPOSE OF THE TRAVEL WAS TO INSTALL CENTRALIZATION OF FISCAL OPERATIONS AND FISCAL REPRESENTATION AT POSTS IN THE ABOVE MENTIONED COUNTRIES. THE MAXIMUM PER DIEM PERMISSIBLE UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WAS AUTHORIZED IN SUCH ORDERS.

IT IS STATED THAT THE COMPLETE JOURNEY WAS PERFORMED BY MEANS OF AIR TRAVEL, AND INVOLVED AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES HAD BEEN PRESCRIBED. THE OUTWARD JOURNEY INVOLVED A STOP-OVER IN SAN FRANCISCO OF 20 HOURS, AND MR. QUEENIN CLAIMS PER DIEM AT THE RATE OF $9 PER DAY FROM THE DATE OF COMMENCEMENT OF TRAVEL FROM WASHINGTON TO DATE OF DEPARTURE FROM SAN FRANCISCO. WHILE ON TEMPORARY DUTY IN SAIGON, VIETNAM ( FRENCH INDO-1CHINA), MR. QUEENIN PERFORMED OFFICIAL TRAVEL BY AIR TO HANOI (ALSO IN FRENCH INDO-1CHINA), AND RETURN TO SAIGON. DURING THIS PERIOD, HE CLAIMS THE MAXIMUM PER DIEM ($13) PRESCRIBED FOR THE AREA IN WHICH BOTH SAIGON AND HANOI ARE LOCATED. YOUR DOUBT AS TO THE RATE OF PER DIEM PAYABLE DURING THE AFOREMENTIONED PERIODS IS STATED TO ARISE BY REASON OF PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS INTERPRETED IN 29 COMP. GEN. 202.

PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-7 DATED JUNE 29, 1949, IS, IN PART, AS FOLLOWS:

* * * FOR TRAVEL BY AIR INVOLVING AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES ARE PRESCRIBED, INCLUDING STOPOVERS INVOLVING LESS THAN SIX HOURS, A MAXIMUM RATE OF $6 IS PRESCRIBED.

IN 29 COMP. GEN. 202 IT WAS HELD, QUOTING FROM THE SYLLABUS, THAT:

A PER DIEM ALLOWANCE IN EXCESS OF THE MAXIMUM RATE OF $6 AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, FORAIR TRAVEL INVOLVING AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES ARE PRESCRIBED, MAY NOT BE PAID FOR AIR TRAVEL PERFORMED BETWEEN POINTS IN SUCH AREAS--- NO STOP-OVERS EQUALING OR EXCEEDING SIX HOURS IN DURATION BEING INVOLVED-- - EVEN THOUGH THE DEPARTURE POINT IS WITHIN THE UNITED STATES.

IN CONNECTION WITH THE MATTER, IT IS STATED IN YOUR LETTER THAT:

AS A MAXIMUM PER DIEM RATE OF $9.00 IS PRESCRIBED UNDER PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS "FOR TRAVEL ON OFFICIAL BUSINESS WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES" IT MIGHT APPEAR THAT ALL TRAVEL, BY AIR OR OTHERWISE, BETWEEN ANY POINTS IN THE UNITED STATES TO THE LAST POINT OF DEPARTURE FROM THE CONTINENTAL LIMITS OF THE UNITED STATES WHERE A STOP-OVER EQUIVALENT TO OR GREATER THAN SIX HOURS OCCURS WOULD BE SUBJECT TO THE PER DIEM RATE OF $9.00 WHEN AUTHORIZED. NOT UNTIL DEPARTURE FROM SUCH LATTER POINT WOULD THE TRIP INVOLVE TRAVEL BEYOND THE CONTINENTAL UNITED STATES BETWEEN AREAS OF DIFFERENT RATES OF PER DIEM, ON THIS PREMISE. MOREOVER, IT WOULD APPEAR THAT LOCAL TRAVEL WITHIN A COUNTRY, WHERE LOCATED ON TEMPORARY DUTY, BETWEEN POINTS OF IDENTICAL PRESCRIBED PER DIEM RATE, WOULD NOT CONSTITUTE TRAVEL "INVOLVING AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES ARE PRESCRIBED.'

SINCE THE RULING IN DECISION 29-GC-202 TO LIMIT THE MAXIMUM RATE TO $6.00 FOR AIR TRAVEL DID NOT INVOLVE ANY STOP-OVER EQUALING OR EXCEEDING SIX HOURS AT THE FINAL DEPARTURE POINT FROM THE CONTINENTAL UNITED STATES, AND WAS QUALIFIED ON SUCH ASSUMPTION, BY INFERENCE YOUR STATEMENT MIGHT BE INTERPRETED AS INDICATING THAT THE MAXIMUM PER DIEM RATE OF $9.00 PRESCRIBED FOR TRAVEL WITHIN THE UNITED STATES MIGHT BE APPLICABLE FOR TRAVEL BY AIR FROM AN EMPLOYEE'S OFFICIAL STATION, WASHINGTON, D.C., TO AND INCLUDING STOP-OVER AT THE LAST POINT OF DEPARTURE IN THE UNITED STATES WHERE SUCH LAST STOP-OVER EQUALED OR EXCEEDED SIX HOURS.

THE ABOVE QUOTED PROVISIONS OF PARAGRAPH 45 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WERE INTENDED TO LIMIT TO $6 THE PER DIEM PAYABLE FOR TRAVEL BY AIR IN CASES WHERE THE JOURNEY COVERS TRAVEL IN AREAS FOR WHICH DIFFERENT MAXIMUM PER DIEM RATES HAVE BEEN ESTABLISHED. UNDER THE REGULATIONS, THE $6 RATE IS APPLICABLE TO ALL STOP-OVERS OF LESS DURATION THAN 6 HOURS OCCURRING DURING THE JOURNEY. IN THE EVENT STOP- OVERS OF 6 HOURS OR GREATER DURATION OCCUR, THE MAXIMUM PER DIEM RATE AUTHORIZED TO BE PAID UNDER THE REGULATIONS FOR SUCH STOP-OVERS IS THAT RATE WHICH IS PRESCRIBED AS THE MAXIMUM RATE FOR THE AREA IN WHICH THE STOP-OVER OCCURS. AFTER THE COMMENCEMENT OF MR. QUEENIN'S TRAVEL BY AIR FROM WASHINGTON, D.C., THE MAXIMUM PER DIEM PAYABLE FOR ALL ACTUAL AIR TRAVEL WAS $6. HOWEVER, FOR STOP-OVERS (ACTUAL TIME GROUNDED) OF 6 HOURS OR GREATER DURATION OCCURRING DURING HIS JOURNEY FROM WASHINGTON, D.C., TO TEMPORARY POSTS OF DUTY, AND RETURN TO WASHINGTON, D.C., HE IS ENTITLED TO PER DIEM AT THE MAXIMUM RATES AUTHORIZED IN THE AREAS WHERE SUCH STOP- OVERS OCCURRED. NO CONCLUSIONS TO THE CONTRARY WERE INTENDED TO BE INFERRED FROM 29 COMP. GEN. 202, SUPRA, WHICH CASE DID NOT INVOLVE ANY STOP-OVER OF 6 HOURS OR LONGER.

THE AMOUNT OF PER DIEM TO BE CERTIFIED FOR PAYMENT ON THE VOUCHER IN QUESTION, WHICH IS RETURNED HEREWITH, SHOULD BE COMPUTED ACCORDINGLY.