SEPTEMBER 26, 1922, 2 COMP. GEN. 228

SEPTEMBER 26, 1922, 2 COMP. GEN. 228

LAUNDRY - OFFICERS OF BUREAU OF NAVIGATION STATIONED ON VESSELS THE OFFICIAL STATION OF AN OFFICER OF THE BUREAU OF NAVIGATION ASSIGNED TO COMMAND A VESSEL OF THAT BUREAU IS ON THE VESSEL ITSELF, AND REIMBURSEMENT FOR LAUNDRY EXPENSES INCURRED WHILE ON DUTY ON SUCH VESSEL IS THEREFORE BARRED BY THE ACT OF APRIL 6, 1914, 38 STAT., 318, AND THE REGULATIONS OF THE COMMERCE DEPARTMENT.

COMPTROLLER GENERAL MCCARL TO CHARLES E. MOLSTER, DISBURSING CLERK, DEPARTMENT OF COMMERCE, SEPTEMBER 26, 1922:

I HAVE YOUR LETTER OF AUGUST 25, 1922, TRANSMITTING A TRAVEL EXPENSE VOUCHER STATED IN FAVOR OF HARRY PLANERT, NAVIGATION OFFICER COMMANDING THE MOTOR VESSEL PSYCHE, ONE OF A FLEET OF VESSELS MAINTAINED BY THE DEPARTMENT OF COMMERCE FOR THE ENFORCEMENT OF THE NAVIGATION LAWS, WITH REQUEST FOR DECISION AS TO PROPRIETY OF PAYING ITEMS THEREIN FOR EXPENSES INCURRED FOR PERSONAL LAUNDRY, ATTENTION BEING CALLED TO DEPARTMENT ORDERS, RESPECTIVELY, GRANTING AUTHORITY TO INCLUDE THE ITEM OF SUBSISTENCE AS A PART OF THE COMPENSATION OF OFFICERS AND CREWS OF THE VESSELS AND WAIVING LIMITATIONS IN CERTAIN PARAGRAPHS OF THE DEPARTMENT REGULATIONS WITH RESPECT TO CHARGES FOR LAUNDRY.

THE ITEMS IN QUESTION ARE VOUCHERED AS FOLLOWS: CHART 1922, MAY 1. CONTINUOUS TRAVEL BY BOAT. AT SALISBURY, MD.

8. LAUNDRY ----------------------------------------- $1.25

15. LAUNDRY ----------------------------------------- 1.25

22. LAUNDRY ----------------------------------------- 1.16

29. LAUNDRY ----------------------------------------- 1.25

IT APPEARS THAT JANUARY 17, 1920,"THE AUTHORITY TO INCLUDE THE ITEM OF SUBSISTENCE AS A PART OF THE COMPENSATION OF THE OFFICERS AND CREWS OF THE INSPECTION BOATS OF THE BUREAU OF NAVIGATION" WAS EXTENDED BY THE ASSISTANT SECRETARY OF COMMERCE TO COVER ALL THE EMPLOYEES OF THE INSPECTION BOATS OF SUCH SERVICE.

UNDER DATE OF AUGUST 24, 1922, THE COMMISSIONER OF THE BUREAU OF NAVIGATION STATED IN PART WITH RESPECT TO THE VOUCHER IN QUESTION:

IN THE ORGANIZATION OF THE SERVICE OF THE INSPECTION OF BOATS IT WAS REALIZED THAT THE DUTIES OF THE SERVICE WOULD NECESSITATE MAINTENANCE IN CONTINUOUS TRAVEL SERVICE OF ALL ITS EMPLOYEES. THEREFORE PROVISIONS WERE MADE FOR A COMPENSATION THAT WOULD INCLUDE WAGES AND SUBSISTENCE AT ALL TIMES WHETHER ABOARD SHIP OR ASHORE; TRAVEL STATUS TO INCLUDE ALL ITEMS ALLOWABLE TO OTHER EMPLOYEES UNDER THE REGULATIONS OF THE DEPARTMENT OF COMMERCE.

IN THE INTERESTS OF ECONOMY AND EFFICIENCY MEALS ARE HAD ABOARD SHIP WHENEVER POSSIBLE.

THE NATURE OF THE DUTIES INVOLVED AND THE LIMITED SPACE PRECLUDES THE INSTALLATION OF LAUNDRY EQUIPMENT ON THE VESSELS. LAUNDRY SERVICE, SHIP AND PERSONNEL, IS HAD AT PORTS FROM TIME TO TIME, AS OPPORTUNITY OFFERS.

THE SUBMISSION STATES THAT MESS ON THE BOATS AVERAGES $1 PER DAY PER MAN.

THE CONTENTION OF THE COMMISSIONER OF NAVIGATION APPEARS TO BE THAT EVEN EMPLOYEES OF THE SERVICE WHOSE DUTIES ARE CONFINED TO THE NAVIGATION AND MANAGEMENT OF THEIR STATION VESSELS ARE, WHILE ON BOARD IN THE DISCHARGE OF THOSE DUTIES, CONTINUOUSLY IN A TRAVEL STATUS ENTITLING THEM TO REIMBURSEMENT FOR EXPENSES INCURRED FOR PERSONAL LAUNDRY THE SAME AS THE TRAVEL REGULATIONS OF THE DEPARTMENT ALLOW TO SUCH OF ITS EMPLOYEES WHO ARE IN A TRAVEL STATUS IN THE SENSE THAT THEY ARE DISCHARGING OFFICIAL DUTIES AWAY FROM THEIR DESIGNATED OFFICIAL STATION.

THE ACT OF APRIL 6, 1914, 38 STAT., 318, PROVIDES THAT ON AND AFTER JULY 1, 1914, UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OR EMPLOYEE OF THE UNITED STATES 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.

IN 21 COMP. DEC., 507, THE COMPTROLLER OF THE TREASURY SAID:

IT IS TO BE NOTICED THAT WHILE THE ACT OF APRIL 6, 1914, DOES NOT SPECIFICALLY STATE THAT AN EMPLOYEE SHALL NOT BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE AT HIS DESIGNATED POST OF DUTY, THE LAW OF AUGUST 1, 1914, (38 STAT., 680) WHICH IS IN THE NATURE OF AN AMENDMENT TO THE FORMER LAW, AUTHORIZES THE GRANTING OF A PER DIEM IN LIEU OF SUBSISTENCE ONLY TO PERSONS AWAY FROM THEIR DESIGNATED POSTS OF DUTY. TAKING THE TWO LAWS TOGETHER, I THINK IT WAS CLEARLY INTENDED BY CONGRESS THAT AN EMPLOYEE SHOULD NOT BE REIMBURSED FOR ACTUAL EXPENSES OF SUBSISTENCE INCURRED AT HIS POST OF DUTY UNLESS IT BE IN CASES WHERE SUCH REIMBURSEMENT IS SPECIFICALLY AUTHORIZED BY LAW. THERE MAY BE CASES IN WHICH AS A PART OF HIS CONTRACT OF EMPLOYMENT SUBSISTENCE IN KIND MAY BE FURNISHED TO AN EMPLOYEE BY THE UNITED STATES, BUT THAT IS NOT THE PRESENT CASE.

NO COPY OF THE APPOINTMENT OF THE PAYEE OF THE VOUCHER HERE IN QUESTION OR OF HIS CONTRACT OF EMPLOYMENT ACCOMPANIES YOUR SUBMISSION. IT IS UNDERSTOOD THAT AS A PART OF HIS COMPENSATION SUBSISTENCE IN KIND IS FURNISHED ON BOARD HIS STATION VESSEL.

THE TRAVEL REGULATIONS OF THE DEPARTMENT OF COMMERCE, 1914 EDITION, PROVIDE IN PART WITH RESPECT TO LAUNDERING:

55. LAUNDRY.--- EXPENSES FOR LAUNDERING, WHERE THE TRAVEL CONTINUES FOR A WEEK OR MORE, NOT TO EXCEED $1.25 A WEEK, FRACTIONAL PORTIONS IN EXCESS OF A WEEK TO BE PRORATED AT THE RATE OF 20 CENTS A DAY.

56. LAUNDRY MUST INCLUDE ONLY EXPENSES INCURRED FOR THAT ITEM DURING THE PERIOD FOR WHICH THE ACCOUNT IS RENDERED, AND MUST NOT BE BROUGHT FORWARD FROM A PREVIOUS ACCOUNT.

UNDER DATE OF SEPTEMBER 27, 1921, THE SECRETARY OF COMMERCE AMENDED THE REGULATIONS AS FOLLOWS:

EFFECTIVE OCTOBER 1, 1921, THE LIMITATIONS IMPOSED BY PARAGRAPHS 55, 56, AND 59 OF THE DEPARTMENT OF COMMERCE TRAVEL REGULATIONS, EDITIONS OF 1913 AND 1914, RELATING TO LAUNDRY AND PRESSING CLOTHES, ARE REMOVED.

IT IS UNDERSTOOD THAT THE FOLLOWING PARAGRAPH REMAINS UNCHANGED EXCEPT SO FAR AS INCONSISTENT WITH PARAGRAPHS 55 AND 56 AS AMENDED:

57. UNDER NO CIRCUMSTANCES WILL AN EMPLOYEE BE REIMBURSED FOR EXPENSES INCURRED FOR LAUNDRY AT HIS OFFICIAL HEADQUARTERS OR STATION, EXCEPT AT THE TERMINATION OF A TRIP, AND THEN ONLY FOR CLOTHING SOILED ON THE TRIP AND ON THE BASIS SET FORTH ABOVE.

THE VOUCHER SHOWS THE PAYEE'S "OFFICIAL TITLE AND STATION: NAVIGATION OFFICER, COMMANDING U.S.M.V. PSYCHE V.'

IN DECISION OF MAY 27, 1922, 9 MS. COMP. GEN., 2186, INVOLVING THE QUESTION OF REIMBURSEMENT FOR EXPENSES INCURRED IN 1919 FOR PERSONAL LAUNDRY OF AN INSPECTION OFFICER IN THE SERVICE, WHOSE DUTIES AS INSPECTOR REQUIRED HIM AT TIMES TO FOREGO MEALS THAT WERE PROVIDED ON THE VESSEL, IT WAS STATED, WITH RESPECT TO REIMBURSEMENT FOR EXPENSES PERSONALLY INCURRED FOR SUBSISTENCE, THAT---

GENERALLY, AS TO THIS MATTER, THE OFFICIAL STATION MAY BE SAID TO BE THE VESSEL AND SUBSISTENCE EXPENSES INCURRED WHILE AWAY THEREFROM AND THE IMMEDIATE ENVIRONS THEREOF PROPERLY ARE REIMBURSABLE, EXCEPT SUCH SUBSISTENCE EXPENSES AS ARE INCURRED AT THE HOME PORT OF THE VESSEL.

THE REIMBURSEMENT THEREBY AUTHORIZED WAS WITH RELATION TO THE EMPLOYEE BEING ABSENT FROM THE VESSEL IN A TRAVEL STATUS.

IN THE INSTANT CASE IT IS NOT SHOWN THAT AT ANY TIME DURING THE PERIOD COVERED BY THE LAUNDRY ITEMS IN QUESTION WAS THE PAYEE OF THE VOUCHER ABSENT FROM THE VESSEL IN A TRAVEL STATUS SO AS TO ENTITLE HIM TO REIMBURSEMENT FOR SAID LAUNDRY ITEMS. SUBSISTENCE IN KIND MAY HAVE BEEN PROVIDED ABOARD THE STATION VESSEL AS A PART OF THE OFFICER'S COMPENSATION, BUT THE OFFICER MAY NOT BE REIMBURSED FOR EXPENSES PERSONALLY INCURRED FOR LAUNDRY WHILE PERFORMING OFFICIAL DUTIES AT HIS OFFICIAL HEADQUARTERS OR STATION, THE VESSEL, IN VIEW OF THE PROVISION OF THE ACT OF APRIL 16, 1914, SUPRA, AND OF THE EXPRESS PROHIBITION OF PARAGRAPH 57 OF THE TRAVEL REGULATIONS OF THE DEPARTMENT.

ACCORDINGLY, PAYMENT OF THE LAUNDRY ITEMS SET OUT IN THE VOUCHER HEREWITH RETURNED IS NOT AUTHORIZED.