B-129696, MAR. 6, 1958

B-129696: Mar 6, 1958

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WHEREIN WE HELD THAT SINCE YOU HAD BEEN ALLOWED THE MAXIMUM PER DIEM PLUS THE DIFFERENCE BETWEEN THE AMOUNTS YOU ACTUALLY PAID FOR HOTEL ACCOMMODATIONS AND THE AMOUNTS YOU WOULD HAVE BEEN CHARGED FOR A MINIMUM RATE SINGLE ROOM AT THE SAME HOTEL DURING THE SAME SEASON. WHILE TRAVELING ON OFFICIAL BUSINESS YOUR HOTEL ROOMS WERE USED FOR OFFICIAL BUSINESS DURING THE DAY AND OCCUPANCY BY YOU AT NIGHT AS SLEEPING QUARTERS. YOU WERE AUTHORIZED AND PAID THE MAXIMUM PER DIEM DURING THE PERIOD AND BECAUSE OF THE HIGHER PRICED ACCOMMODATIONS MADE NECESSARY BY THEIR USE FOR OFFICIAL BUSINESS YOU HAVE BEEN ALLOWED THE AMOUNTS PAID FOR HOTEL ACCOMMODATIONS LESS SUCH AMOUNTS AS WOULD HAVE BEEN CHARGED FOR "MINIMUM RATE" SINGLE ROOMS AT THE SAME HOTEL DURING THE SAME SEASON.

B-129696, MAR. 6, 1958

TO MR. A. T. RADIGAN:

YOUR LETTER OF JANUARY 29, 1958, WITH ENCLOSURES, REQUESTS RECONSIDERATION OF OUR DECISION DATED DECEMBER 13, 1956, B-129696, TO MR. CONRAD N. SWINDELL, AUTHORIZED CERTIFYING OFFICER, WHEREIN WE HELD THAT SINCE YOU HAD BEEN ALLOWED THE MAXIMUM PER DIEM PLUS THE DIFFERENCE BETWEEN THE AMOUNTS YOU ACTUALLY PAID FOR HOTEL ACCOMMODATIONS AND THE AMOUNTS YOU WOULD HAVE BEEN CHARGED FOR A MINIMUM RATE SINGLE ROOM AT THE SAME HOTEL DURING THE SAME SEASON, YOU HAD BEEN PAID THE MAXIMUM AMOUNT THAT MAY BE ALLOWED UNDER THE APPLICABLE LAW, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AND OUR DECISION OF JUNE 29, 1943, B-35306.

THE RECORD SHOWS THAT DURING THE PERIOD SEPTEMBER 1954 TO FEBRUARY 1956, WHILE TRAVELING ON OFFICIAL BUSINESS YOUR HOTEL ROOMS WERE USED FOR OFFICIAL BUSINESS DURING THE DAY AND OCCUPANCY BY YOU AT NIGHT AS SLEEPING QUARTERS. YOU WERE AUTHORIZED AND PAID THE MAXIMUM PER DIEM DURING THE PERIOD AND BECAUSE OF THE HIGHER PRICED ACCOMMODATIONS MADE NECESSARY BY THEIR USE FOR OFFICIAL BUSINESS YOU HAVE BEEN ALLOWED THE AMOUNTS PAID FOR HOTEL ACCOMMODATIONS LESS SUCH AMOUNTS AS WOULD HAVE BEEN CHARGED FOR "MINIMUM RATE" SINGLE ROOMS AT THE SAME HOTEL DURING THE SAME SEASON.

YOUR CONTENTION IS THAT YOU ARE ENTITLED TO REIMBURSEMENT FROM THE GOVERNMENT FOR ONE-HALF OF THE COST OF THE HOTEL ROOMS WHEN USED IN A DUAL CAPACITY. IT IS STATED BY YOU THAT IN NOVEMBER 1952 WHILE DISCUSSING TRAVELING EXPENSES WITH AN OFFICIAL OF YOUR OFFICE IT WAS POINTED OUT BY YOU THAT IT WAS A WASTE OF FEDERAL FUNDS TO REQUIRE A PERSON TRAVELING ON GOVERNMENT BUSINESS TO RENT OFFICE SPACE AT THE FULL RENTAL CHARGED BY THE HOTELS AND AT THE SAME TIME RENT SEPARATE SLEEPING QUARTERS FOR THE TRAVELER'S PERSONAL USE. YOU WERE OF THE OPINION, WHICH YOU THOUGHT WAS CONCURRED IN BY THE ADMINISTRATIVE OFFICIALS WITH WHOM THE MATTER WAS DISCUSSED, THAT IT WOULD BE EQUITABLE FOR THE TRAVELER TO BE ALLOWED THE FULL PER DIEM AND PAID ONE-HALF OF THE COST OF THE HOTEL ROOM WHEN USED BOTH AS OFFICE SPACE AND AS SLEEPING QUARTERS.

REIMBURSEMENT OF TRAVELING EXPENSES TO CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT WHILE TRAVELING ON OFFICIAL BUSINESS IS CONTROLLED BY STATUTE AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROMULGATED BY THE PRESIDENT. THE STATUTE AND SECTIONS OF THE REGULATIONS APPLICABLE TO YOUR SITUATION ARE STATED IN THE DECISION OF DECEMBER 13, 1956, TO THE AUTHORIZED CERTIFYING OFFICER. IT IS EVIDENT FROM THE RECORD THAT YOU HAVE BEEN FURNISHED A COPY OF THAT DECISION AND IT DOES NOT APPEAR NECESSARY TO RESTATE THE MATTER IN DETAIL HEREIN. YOUR LETTER OF JANUARY 29, 1958, WITH ENCLOSURES, CONTAINS NO FACTS WHICH WERE NOT GIVEN MOST CAREFUL CONSIDERATION IN ARRIVING AT THE CONCLUSION IN THE DECISION OF DECEMBER 13, 1956. YOU MERELY REITERATE THE CONTENTIONS PREVIOUSLY CONSIDERED. IT SHOULD BE POINTED OUT THAT WHENEVER PRACTICABLE AND ECONOMICAL, AS USUALLY WOULD BE THE CASE, THE TRAVELER WHO FINDS IT NECESSARY TO USE A HOTEL ROOM FOR OFFICIAL PURPOSES SHOULD ENGAGE THE SAME ROOM FOR OFFICIAL PURPOSES AND SLEEPING QUARTERS. THIS CARRIES OUT THE INTENT OF SECTION 1.1 OF THE TRAVEL REGULATIONS. ADDITIONALLY, THE INTENT OF SECTIONS 6.1 AND 6.2 OF THE TRAVEL REGULATIONS SHOULD BE SATISFIED. ALLOW THE TRAVELER THE FULL PER DIEM PLUS ONE-HALF OF THE COST OF THE HOTEL ROOM ORDINARILY WOULD CONFLICT WITH SECTIONS 6.1 AND 6.2. UPON THE PRESENT RECORD WE FIND NO PROPER BASIS FOR MODIFICATION OF THE DECISION OF

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