B-126171, DEC. 21, 1955

B-126171, DEC. 21, 1955

TO MISS ELLEN G. JENKINS, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF NOVEMBER 22, 1955, REQUESTS DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED COVERING PER DIEM IN LIEU OF SUBSISTENCE AT $10 A DAY AND OTHER EXPENSES FROM JULY 11 TO OCTOBER 15, 1955, AS CLAIMED BY JOEL BONSALL. MR. BONSALL, A PRIVATE CITIZEN, WAS AUTHORIZED BY TRAVEL ORDER DATED JULY 14, 1955, TO TRAVEL FROM LOS ANGELES, CALIFORNIA, TO WASHINGTON, D.C., TO LOS ANGELES, TO DJAKARTA AND OTHER CITIES IN INDONESIA, AND RETURN AT A PER DIEM RATE OF $10 PER DAY, THE APPLICABLE RATE UNDER SECTION 5 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 808. MR. BONSALL LEFT LOS ANGELES, CALIFORNIA, JULY 18, TRAVELED TO WASHINGTON, D.C., AND RETURNED TO LOS ANGELES, JULY 22, 1955. HELEFT LOS ANGELES, AUGUST 6, 1955, UNDER THE SAME TRAVEL ORDER AND PROCEEDED TO MANILA, PHILIPPINE ISLANDS, AND TO DJAKARTA, INDONESIA, FOR OFFICIAL DUTIES. HE RETURNED TO HIS HOME IN SOUTH PASADENA, CALIFORNIA, OCTOBER 1955. HE CLAIMS $10 PER DAY FOR THE ENTIRE TRAVEL IN ACCORDANCE WITH HIS TRAVEL ORDER.

IN THE LETTER OF JULY 12, 1955, ADDRESSED TO MR. BONSALL BY THE DIRECTOR, BUREAU OF FOREIGN COMMERCE, HE WAS INFORMED OF THE CONDITIONS UNDER WHICH THE TRAVEL WAS TO BE PERFORMED AND IT IS STATED THAT HE WILL SERVE AS A PRIVATE BUSINESS MAN INVITED TO CONFER ON OFFICIAL GOVERNMENT BUSINESS AND THAT NO FORMAL APPOINTMENT OR CONTRACT WOULD BE REQUIRED. UNDER SUCH CONDITIONS, MR. BONSALL MAY BE CONSIDERED AS A PERSON SERVING WITHOUT COMPENSATION WITHIN THE PURVIEW OF SECTION 5 OF THE ACT OF AUGUST 2, 1946, AND ACCORDINGLY IS LIMITED IN THE AMOUNT OF PER DIEM IN LIEU OF SUBSISTENCE TO THE RATES PRESCRIBED BY THAT ACT AS AMENDED AND HIS TRAVEL ORDERS.

SECTION 2 OF THE ACT OF JULY 28, 1955, 69 STAT. 394, AMENDS SECTION 5 OF THE ACT OF AUGUST 2, 1946, EFFECTIVE JULY 28, 1955, TO PERMIT A MAXIMUM PER DIEM RATE OF $15 FOR PERSONS SERVING WITHOUT COMPENSATION WHILE TRAVELING WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES AND FOR TRAVEL BEYOND SUCH LIMITS, NOT TO EXCEED THE RATES OF PER DIEM ESTABLISHED BY THE DIRECTOR, BUREAU OF THE BUDGET, PURSUANT TO THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 836. AT THE TIME MR. BONSALL'S OFFICIAL DUTIES WERE PERFORMED IN MANILA THE MAXIMUM RATE AT THAT PLACE WAS FIXED BY BUDGET CIRCULAR A-7 OF JANUARY 15, 1954, AT $16 AND THE RATE IN DJAKARTA, INDONESIA, AND WHILE TRAVELING BY AIR WAS $6. BY SUBSEQUENT BUDGET CIRCULARS THE PER DIEM AT DJAKARTA WAS INCREASED SEPTEMBER 26, 1955, FROM $6 TO $9 AND NOVEMBER 23, 1955 FROM $9 TO $11.

SINCE THE TRAVEL OF MR. BONSALL OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES WAS SUBSEQUENT TO JULY 28, 1955, HE WOULD BE LIMITED FOR SUCH TRAVEL TO THE RATES OF PER DIEM PRESCRIBED BY BUDGET CIRCULAR A-7 WITH THE CHANGES FROM TIME TO TIME COVERING RESPECTIVE PERIODS HE WAS TRAVELING AND ON DUTY AT THE DIFFERENT PLACES. HOWEVER, AS NO AMENDMENT WAS ISSUED TO HIS ORDERS PRIOR TO THE TRAVEL AUTHORIZING A PER DIEM IN EXCESS OF $10 IN NO CASE MAY THE PER DIEM RATE EXCEED THE $10 RATE STATED IN HIS TRAVEL AUTHORIZATION. ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT IN ITS PRESENT FORM, BUT AFTER RECOMPUTATION IN ACCORDANCE WITH THE FOREGOING IT MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.