JANUARY 8, 1923, 2 COMP. GEN. 427
Highlights
1923: I HAVE YOUR LETTER OF DECEMBER 15. REQUESTING DECISION OF THE QUESTION WHETHER AN EMPLOYEE OF YOUR DEPARTMENT WHO HAS HIS RESIDENCE AT A SUBURB OF HIS OFFICIAL STATION IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FROM THE TIME HE LEAVES THE RAILROAD STATION AT HIS SUBURBAN RESIDENCE. PERSONAL TRANSFERS AND TRANSFERS OF BAGGAGE AS HEREIN PROVIDED WILL BE ALLOWED BETWEEN SUCH RESIDENCE AND THE DEPOT AT HIS OFFICIAL STATION AT THE BEGINNING AND TERMINATION OF OFFICIAL TRAVEL. THIS EXPENSE IS CONSIDERED AS ONE INCIDENT TO TRANSPORTATION AND NOT SUBSISTENCE. WHERE THE PER DIEM WAS HELD TO BEGIN FROM THE TIME THE TRAIN LEFT THE STATION. EXPRESS OPINION THAT IT IS NOT CONTROLLING HERE BECAUSE THE EMPLOYEE OF THE PUBLIC HEALTH SERVICE WAS NOT RESIDING AT A SUBURB OF HIS OFFICIAL STATION PURSUANT TO REGULATION.
JANUARY 8, 1923, 2 COMP. GEN. 427
PER DIEM IN LIEU OF SUBSISTENCE - DEPARTMENT OF AGRICULTURE THE FACT THAT THE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE PERMIT AN EMPLOYEE TO RESIDE IN THE SUBURBS OF HIS OFFICIAL STATION AND TO BE REIMBURSED FOR TRANSFERS OF HIMSELF AND BAGGAGE BETWEEN SUCH RESIDENCE AND THE RAILROAD STATION AT THE BEGINNING AND ENDING OF OFFICIAL TRAVEL DOES NOT CHANGE THE ESTABLISHED RULE THAT FOR PURPOSES OF PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE THE ABSENCE FROM THE OFFICIAL STATION BEGINS AND ENDS WITH THE DEPARTURE FROM OR ARRIVAL AT THE RAILROAD STATION WITHIN THE LIMITS OF THE DESIGNATED POST OF DUTY.
COMPTROLLER GENERAL MCCARL TO A. ZAPPONE, DISBURSING CLERK, DEPARTMENT OF AGRICULTURE, JANUARY 8, 1923:
I HAVE YOUR LETTER OF DECEMBER 15, 1922, REQUESTING DECISION OF THE QUESTION WHETHER AN EMPLOYEE OF YOUR DEPARTMENT WHO HAS HIS RESIDENCE AT A SUBURB OF HIS OFFICIAL STATION IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE FROM THE TIME HE LEAVES THE RAILROAD STATION AT HIS SUBURBAN RESIDENCE, STARTING ON AN OFFICIAL TRIP, OR FROM TIME HE LEAVES THE RAILWAY STATION IN THE CITY OF HIS OFFICIAL HEADQUARTERS.
YOU PRESENT THE CASE OF W. R. M. WHARTON, AN EMPLOYEE OF THE BUREAU OF CHEMISTRY, WITH OFFICIAL STATION IN NEW YORK, N.Y., WHO HAS SUBMITTED VOUCHER FOR PER DIEMS FOR FRACTIONAL PART OF EIGHT DAYS AT VARIOUS INTERVALS, WHICH REPRESENTS CLAIM FOR PER DIEM FOR PERIOD BETWEEN THE TIME OF DEPARTURE FROM RUTHERFORD, N.J., CLAIMANT'S SUBURBAN HOME, AND THE TIME THE TRAIN LEFT THE STATION IN NEW YORK, N.Y.
TRAVEL REGULATIONS OF THE DEPARTMENT OF AGRICULTURE AUTHORIZE A PER DIEM FOR FRACTIONAL PARTS OF THE DAY AT SPECIFIED RATES ACCORDING TO THE NUMBER OF HOURS IN A SUBSISTENCE STATUS. THEY ALSO PROVIDE AS FOLLOWS:
* * * THAT AN EMPLOYEE MAY PROPERLY CHOOSE HIS RESIDENCE IN A SUBURB OF HIS OFFICIAL STATION, AND PERSONAL TRANSFERS AND TRANSFERS OF BAGGAGE AS HEREIN PROVIDED WILL BE ALLOWED BETWEEN SUCH RESIDENCE AND THE DEPOT AT HIS OFFICIAL STATION AT THE BEGINNING AND TERMINATION OF OFFICIAL TRAVEL.
YOU CONTEND THAT THIS PROVISION IMPLIES THAT THE OFFICIAL TRIP BEGINS AT THE TIME THE TRAVELER TAKES THE TRAIN AT THE SUBURBAN STATION, AND IF THAT BE TRUE THE TRAVELER WOULD APPEAR TO BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE BEGINNING AT THAT TIME.
ON ACCOUNT OF CONDITIONS EXISTING IN THE LARGE CITIES OF THE COUNTRY, NECESSITATING AN EMPLOYEE LIVING AT SOME DISTANCE FROM THE RAILROAD STATION, THERE HAS BEEN RECOGNIZED THE RIGHT TO ACTUAL EXPENSE OF CAR FARE AND TRANSFER OF BAGGAGE BETWEEN THE HOME AND STATION. 13 MS. COMP. GEN., 1277. THIS EXPENSE IS CONSIDERED AS ONE INCIDENT TO TRANSPORTATION AND NOT SUBSISTENCE. RECOGNITION OF THE NECESSITY TO LIVE LONG DISTANCES FROM THE RAILROAD STATION AND THE RIGHT OF THE EMPLOYEE TO BE REIMBURSED TRANSPORTATION EXPENSES MAY NOT BE THE BASIS OF EXTENDING THE PAYMENT OF A PER DIEM FOR TIME CONSUMED IN TRAVELING TO AND WITHIN THE DESIGNATED POST OF DUTY FOR THE PURPOSE OF BOARDING THE TRAIN. YOU CITE 1 COMP. GEN., 171, A SIMILAR CASE, WHERE THE PER DIEM WAS HELD TO BEGIN FROM THE TIME THE TRAIN LEFT THE STATION, AND EXPRESS OPINION THAT IT IS NOT CONTROLLING HERE BECAUSE THE EMPLOYEE OF THE PUBLIC HEALTH SERVICE WAS NOT RESIDING AT A SUBURB OF HIS OFFICIAL STATION PURSUANT TO REGULATION.
THE ACT OF AUGUST 1, 1914, 38 STAT., 680, AUTHORIZES THE FIXING OF A PER DIEM FOR EMPLOYEES ONLY FOR TIME "AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' THIS STATUTE PROHIBITS PAYMENT OF A PER DIEM AT THE DESIGNATED POST OF DUTY OF AN EMPLOYEE WHATEVER MAY BE THE CONDITIONS. THE PROVISION IN THE REGULATION IN QUESTION IS CLEARLY ENOUGH EXPRESSED AND AUTHORIZES "PERSONAL TRANSFERS AND TRANSFERS OF BAGGAGE" ONLY.
THE DIFFICULTY IN QUESTIONS OF THIS KIND IS THAT IF THE RULE WERE ADOPTED THAT PER DIEM BEGINS FROM TIME OF DEPARTURE FROM HOME, THERE IS NO DEFINITE BASIS ON WHICH TO FIX SUCH TIME OF DEPARTURE, AS IS FURNISHED UNDER THE RULE THAT THE PER DIEM BEGINS WITH TRAIN DEPARTURE FROM THE OFFICIAL STATION. A REASONABLE TIME OF DEPARTURE FROM HOME WITH RELATION TO TRAIN DEPARTURE WOULD RAISE QUESTIONS PRACTICALLY IN EVERY CASE, AND FOR THE PRESENT I THINK THE RULE OF TRAIN DEPARTURE CONTROLLING THE PER DIEM SHOULD BE ADHERED TO. ..END :