AUGUST 2, 1922, 2 COMP. GEN. 72

AUGUST 2, 1922, 2 COMP. GEN. 72

ACTUAL EXPENSES AND PER DIEM FOR REPEATED TRAVEL AND TRAVEL OUTSIDE LIMITS OF UNITED STATES IN NORTH AMERICA OFFICERS OF THE ARMY WHO PERFORM REPEATED TRAVEL ON OFFICIAL BUSINESS BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, FOR WHICH DIRECTION HAS BEEN GIVEN THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED, OR TRAVEL ON OFFICIAL BUSINESS OUTSIDE OF THE LIMITS OF THE UNITED STATES IN NORTH AMERICA, AWAY FROM THEIR DESIGNATED POST OF DUTY, ARE ENTITLED UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT., 631, TO ACTUAL AND NECESSARY TRAVELING EXPENSES, SUBJECT AS TO SUBSISTENCE TO A MAXIMUM LIMITATION OF $7 PER DAY OR A PRESCRIBED PER DIEM OF NOT EXCEEDING $6.

COMPTROLLER GENERAL MCCARL TO SECRETARY OF WAR, AUGUST 2, 1922:

I HAVE YOUR LETTER OF JULY 5, 1922, REQUESTING DECISION WHETHER UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT., 631, YOU ARE AUTHORIZED TO PRESCRIBE A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $6 FOR OFFICERS OF THE ARMY TRAVELING UNDER ORDERS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. SECTION 12, SO FAR AS HERE MATERIAL, PROVIDES:

THAT OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, SHALL RECEIVE A MILEAGE ALLOWANCE AT THE RATE OF 8 CENTS PER MILE, DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE AND EXISTING LAWS PROVIDING FOR THE ISSUE OF TRANSPORTATION REQUESTS TO OFFICERS OF THE ARMY TRAVELING UNDER COMPETENT ORDERS, AND FOR DEDUCTION TO BE MADE FROM MILEAGE ACCOUNTS WHEN TRANSPORTATION IS FURNISHED BY THE UNITED STATES, ARE HEREBY MADE APPLICABLE TO ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, BUT IN CASES WHEN ORDERS ARE GIVEN FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, AS DETERMINED BY THE HEAD OF THE EXECUTIVE DEPARTMENT CONCERNED, HE MAY, IN HIS DISCRETION, DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDERS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6, IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY.

THE QUESTION ARISES BY REASON OF THE PROVISION THAT ACTUAL EXPENSES ONLY SHALL BE PAID FOR TRAVEL UNDER ORDERS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA. THIS EXCLUDES FOR SUCH TRAVEL THE PRIMARY RIGHT TO MILEAGE.

THE STATUTE PROVIDES TWO METHODS OF REIMBURSING OFFICERS THEIR EXPENSES FOR TRAVEL ON OFFICIAL BUSINESS, MILEAGE AND ACTUAL AND NECESSARY EXPENSES.

FOR UNREPEATED TRAVEL IN THE UNITED STATES MILEAGE ACCRUES AS A MATTER OF COURSE. MILEAGE IS A COMMUTATION OF TRAVELING EXPENSES COMBINING THE COST OF TRANSPORTATION, THE COST OF SUBSISTENCE, AND ALL OTHER EXPENSES INCIDENT TO THE TRAVEL.

FOR REPEATED TRAVEL BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, THAT IS, WHERE TWO OR MORE JOURNEYS ARE MADE BETWEEN THE SAME PLACES, THE HEAD OF THE DEPARTMENT CONCERNED MAY DIRECT THAT ACTUAL AND NECESSARY EXPENSES ONLY BE ALLOWED. THE WORD "ONLY" HERE NEGATIVES THE ALLOWANCE OF MILEAGE FOR PARTS OF JOURNEYS AND ACTUAL AND NECESSARY EXPENSES FOR THE REMAINDER WHERE REPEATED TRAVEL IS INVOLVED. IF ACTUAL AND NECESSARY EXPENSES ARE AUTHORIZED THERE CAN BE NO RIGHT TO MILEAGE FOR ANY PORTION OF THE REPEATED TRAVEL COVERED BY THE ORDER.

IT IS ALSO IN THIS SENSE THAT THE WORD "ONLY" IS USED IN THE PROVISION FOR ACTUAL AND NECESSARY EXPENSES FOR TRAVEL OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA, AWAY FROM DESIGNATED POSTS OF DUTY.

UNDER SUCH CONDITIONS THE STATUTE PRESCRIBES A LIMIT OF REIMBURSEMENT OF $7 PER DAY FOR ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE, BUT AUTHORIZES THE HEADS OF THE DEPARTMENTS CONCERNED TO PRESCRIBE, IN LIEU OF REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES FOR SUBSISTENCE NOT EXCEEDING $7 PER DAY, A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $6.

BY THE LAST-QUOTED PROVISION THE LIMITATIONS OF $7 PER DAY FOR ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE AND $6 AS A PER DIEM IN LIEU OF SUBSISTENCE ARE ESTABLISHED FOR OFFICERS OF THE SERVICES MENTIONED IN THE ACT IN PLACE OF THE LIMITATIONS OF $5 AND $4, RESPECTIVELY, PRESCRIBED IN THE ACTS OF APRIL 6, 1914, 38 STAT., 318, AND SECTION 13 OF THE ACT OF AUGUST 1, 1914, 38 AT., 680, FOR ALL OTHER OFFICERS AND EMPLOYEES OF THE GOVERNMENT GENERALLY WHEN TRAVELING ON OFFICIAL BUSINESS. UNDER THESE LATTER STATUTES, TRAVEL IS REFERRED TO AS "ON AN ACTUAL EXPENSE BASIS" OR AS "ON A PER DIEM BASIS," THIS LATTER TERM INDICATING THAT ALL EXPENSES INCIDENT TO SUBSISTENCE ARE COVERED BY THE PER DIEM AUTHORIZED IN A PARTICULAR CASE, BUT TRANSPORTATION EXPENSES OF THE TRAVEL ARE SEPARATE THEREFROM AND REIMBURSABLE.

SO, ALSO, UNDER THE PROVISION OF SECTION 12 IN QUESTION A PER DIEM NOT EXCEEDING $6 MAY BE PRESCRIBED IN LIEU OF REIMBURSEMENT OF THE ACTUAL AND NECESSARY EXPENSES OF SUBSISTENCE FOR TRAVEL AWAY FROM DESIGNATED POSTS OF DUTY, BOTH FOR REPEATED TRAVEL AND FOR TRAVEL OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA.

YOU ARE ACCORDINGLY INFORMED THAT YOU ARE AUTHORIZED TO PRESCRIBE A PER DIEM IN LIEU OF SUBSISTENCE NOT EXCEEDING $6 FOR OFFICERS TRAVELING ON OFFICIAL BUSINESS UNDER CONDITIONS OR ORDERS ENTITLING THEM UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, TO REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES.