B-126980, MAY 4, 1956, 35 COMP. GEN. 618

B-126980, MAY 4, 1956, 35 COMP. GEN. 618

TRAVELING EXPENSES - MILITARY PERSONNEL - TIPS - BAGGAGE HANDLING BY HOTEL PORTERS TIPS GIVEN TO HOTEL EMPLOYEES FOR HANDLING BAGGAGE OF MILITARY PERSONNEL TRAVELING ON OFFICIAL BUSINESS ARE ONE OF THE INCIDENTAL EXPENSES INCLUDED IN THE PER DIEM ALLOWANCE, AND REIMBURSEMENT AS A TRANSPORTATION EXPENSE MAY NOT BE AUTHORIZED.

TO THE SECRETARY OF THE AIR FORCE, MAY 4, 1956:

REFERENCE IS MADE TO LETTER OF FEBRUARY 8, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE ( MANPOWER AND PERSONNEL) REQUESTING TO BE ADVISED WHETHER WE WOULD BE REQUIRED TO OBJECT TO REIMBURSEMENT TO MEMBERS OF THE UNIFORMED FORCES FOR BAGGAGE HANDLING IN HOTELS UPON ARRIVAL AND DEPARTURE, IF THE JOINT TRAVEL REGULATIONS ARE AMENDED TO SO PROVIDE.

PARAGRAPH 4400-3 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES REIMBURSEMENT FOR TIPS PAID TO BAGGAGE PORTERS, RED CAPS, ETC., BUT NOT TIPS FOR BAGGAGE HANDLED AT HOTELS. SUCH REGULATIONS ARE SAID TO FOLLOW THE PROCEDURE WHICH EXISTED UNDER PRIOR REGULATIONS. THE PER DIEM ALLOWANCE WHICH IS PAYABLE UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 69 STAT. 21, 37 U.S.C. 253A, TO MEMBERS OF THE UNIFORMED SERVICES WHILE IN A TRAVEL STATUS, IS "IN LIEU OF SUBSISTENCE.' TIPS TO BAGGAGE PORTERS AND RED CAPS FOR SERVICES RENDERED IN MOVING BAGGAGE FROM PUBLIC CARRIERS TO TERMINALS OR TO LOCAL TRANSPORTATION HAVE BEEN REGARDED AS AN ITEM OF TRANSPORTATION EXPENSE AND HAVE BEEN REIMBURSABLE AS SUCH UNDER CURRENT AND PRIOR REGULATIONS. POSSIBLY THE REASON NO PROVISION HAS BEEN MADE FOR REIMBURSEMENT FOR TIPS PAID FOR MOVEMENT OF BAGGAGE FROM LOCAL TRANSPORTATION TO AND FROM HOTELS IS BASED ON THE CONCLUSION THAT WHEN A TRAVELER REACHES HIS HOTEL HE HAS ARRIVED AT HIS DESTINATION, AND THAT NO EXPENSE INCURRED IN AND AROUND THE HOTEL COULD PROPERLY BE REGARDED AS AN EXPENSE OF TRANSPORTATION. ALSO, IN MANY, IF NOT MOST, CASES THE TIPS PAID TO "BELL BOYS" AT HOTELS INCLUDE PAYMENT FOR SERVICES RENDERED IN ADDITION TO MOVEMENT OF BAGGAGE.

WHILE THE CONGRESS HAS NOT SEEN FIT TO LEGISLATE ON THE SPECIFIC QUESTION HERE INVOLVED, SECTION 3 OF THE TRAVEL EXPENSES ACT OF 1949, AS AMENDED, 5 U.S.C. 836, APPLICABLE TO TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT, PROVIDES THAT THE PER DIEM PAYABLE TO PERSONS IN A TRAVEL STATUS, IS "IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS OR STEWARDS.' PARAGRAPH 44 OF THE GOVERNMENT STANDARDIZED TRAVEL REGULATIONS PROVIDES THAT THE PER DIEM IN LIEU OF SUBSISTENCE EXPENSES "WILL BE HELD TO INCLUDE * * * ALL FEES AND TIPS TO * * * PORTERS, BAGGAGE MEN, BELL BOYS.' ( COMPARE PARAGRAPH 4202 OF THE JOINT TRAVEL REGULATIONS.) WHILE SUCH PROVISIONS OF LAW AND REGULATIONS DO NOT GOVERN THE RIGHTS OF MILITARY PERSONNEL, THE CONGRESS HAS FIXED THE SAME RATES OF PER DIEM FOR CIVILIAN EMPLOYEES AND MILITARY PERSONNEL. RATE OF $13 PER DAY WAS PROPOSED FOR CIVILIAN TRAVEL IN AN AMENDATORY BILL PASSED BY THE HOUSE OF REPRESENTATIVES IN 1955. THIS WAS REDUCED TO $12, IN CONFERENCE, FOR THE STATED REASON THAT "IT WOULD BE PREFERABLE TO HAVE A UNIFORM RATE AS BETWEEN CIVILIANS AND THE MILITARY.' SEE STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE, REPORT NO. 1088 TO ACCOMPANY H.R. 6295, LATER ENACTED INTO LAW ON JULY 28, 1955, 69 STAT. 393, 5 U.S.C. 836. THIS STATEMENT HAD REFERENCE TO THE SUBSISTENCE PER DIEM RATE FIXED IN THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 21, H.R. 4720, CONCERNING WHICH IT WAS STATED IN REPORT NO. 90, BY THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, ON PAGE 12, THAT PER DIEM ALLOWANCES ARE AUTHORIZED FOR MILITARY PERSONNEL WHEN TRAVELING ON OFFICIAL BUSINESS TO COVER THE COST OF FOOD AND LODGING AND "CERTAIN INCIDENTAL EXPENSES.' SUCH ACTION INDICATES AN INTENT THAT CIVILIAN EMPLOYEES AND MILITARY PERSONNEL SHOULD BE REIMBURSED ON SUBSTANTIALLY THE SAME BASIS.

IN VIEW OF THIS LEGISLATIVE HISTORY, AND SINCE PAYMENTS FOR PERSONAL SERVICES IN AND AROUND HOTELS, INCLUDING THE HANDLING OF GUESTS' BAGGAGE, HAVE HERETOFORE BEEN REGARDED AS SUBSISTENCE RATHER THAN TRANSPORTATION EXPENSES, THE CONCLUSION IS REQUIRED THAT THERE IS NO SUFFICIENT BASIS FOR AUTHORIZING REIMBURSEMENT FOR TIPS GIVEN HOTEL EMPLOYEES FOR HANDLING SUCH BAGGAGE, THAT BEING ONE OF THE "INCIDENTAL EXPENSES" OF THE HOTEL ACCOMMODATIONS WHICH THE $12 PER DIEM ALLOWANCE IS SUPPOSED TO COVER.