B-37175, OCTOBER 20, 1943, 23 COMP. GEN. 289

B-37175, OCTOBER 20, 1943, 23 COMP. GEN. 289

TRAVELING EXPENSES - DIVISION OF COSTS - SHARING PULLMAN ACCOMMODATIONS WITH MEMBERS OF FAMILY ALTHOUGH AN EMPLOYEE IS AN AUTHORIZED TRAVEL STATUS SHARES HIS PULLMAN BERTH WITH A MEMBER OF HIS FAMILY, HE MAY BE ALLOWED THE FULL AMOUNT OF THE CHARGE FOR THE BERTH IN VIEW OF THE PROVISIONS OF BUDGET CIRCULAR NO. 401, EFFECTIVE NOVEMBER 15, 1942, WHICH, IN AMENDING PARAGRAPH 13 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, OMITTED THE PROVISION THAT "IF THE ACCOMMODATIONS ARE SHARED BY THE TRAVELER * * * HE MAY BE REIMBURSED ONLY HIS PROPORTIONATE SHARE OF THE COSTS.' THE RULE STATED IN 7 COMP. GEN. 450, IS NO LONGER IN EFFECT.

COMPTROLLER GENERAL WARREN TO A. J. MCCOLLUM, DEPARTMENT OF AGRICULTURE, OCTOBER 20, 1943:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20, 1943 (FILE 7-FG), AS FOLLOWS:

THE ATTACHED RECLAIM VOUCHER SUBMITTED BY MR. J. H. WALSH FOR THE PERIOD JULY 26 TO AUGUST 11, 1943, COVERS AN AMOUNT SUSPENDED FROM THE ORIGINAL CLAIM, PAID AUGUST 25, 1943, G. F. ALLEN'S VOUCHER NO. 457050, SYMBOL 78- 604.

IN THE PERFORMANCE OF TRAVEL DURING THE STATED PERIOD, MR. WALSH WAS ACCOMPANIED BY HIS EIGHT YEAR OLD SON WHO SHARED PULLMAN ACCOMMODATIONS PROCURED WITH GOVERNMENT TRANSPORTATION REQUESTS. THE SUSPENSION WAS BASED ON 7 COMP. GEN. 450 WITH RESPECT TO REIMBURSEMENT OF TRAVELERS FOR THE COST OF PULLMAN ACCOMMODATIONS SHARED BY OTHER INDIVIDUALS. RECLAIMING THE AMOUNT WITHHELD, MR. WALSH REFERS TO THE WORDING OF PARAGRAPH 13 (A), S.G.T.R., REVISED EFFECTIVE NOVEMBER 15, 1942, AND POINTS TO THE FACT THAT THE REVISION DOES NOT CONTAIN THE REQUIREMENT THAT THE TRAVELER STATE WHETHER HE SHARED ACCOMMODATIONS WITH ANOTHER PERSON, NOR DOES IT STATE THAT HE MAY BE REIMBURSED FOR ONLY HIS PROPORTIONATE SHARE OF THE COST OF THE ACCOMMODATIONS USED.

THE QUESTION SPECIFICALLY RAISED IS WHETHER UNDER PARAGRAPH 13 (A), S.G.T.R., AS REVISED, THE TRAVELER MAY BE REIMBURSED FOR THE TOTAL COST OF ACCOMMODATIONS USED, NOT TO EXCEED THE COST OF A STANDARD LOWER BERTH, IRRESPECTIVE OF THE FACT THAT THEY WERE SHARED WITH ANOTHER PERSON, OR WHETHER HE STILL MAY BE REIMBURSED FOR ONLY HIS PROPORTIONATE SHARE OF THE COST, DISREGARDING THE OMISSION OF SPECIFIC WORDING TO THAT EFFECT IN THE REVISED TRAVEL REGULATIONS.

YOUR DECISION AS TO WHETHER THIS VOUCHER MAY BE CERTIFIED FOR PAYMENT IS SOLICITED.

THE DECISION OF JANUARY 30, 1928, 7 COMP. GEN. 450, TO WHICH YOU REFER, STATED THE FOLLOWING RULE (QUOTING FROM THE SYLLABUS):

WHERE AN EMPLOYEE IN AN AUTHORIZED TRAVEL STATUS IS ACCOMPANIED BY HIS WIFE AND MINOR CHILDREN, THE DIVISION OF JOINT TRANSPORTATION EXPENSES IN ORDER TO DETERMINE THE PROPORTION PROPERLY REIMBURSABLE TO THE EMPLOYEE WILL BE MADE ON THE FOLLOWING BASIS: CHILDREN UNDER 5 YEARS OF AGE WILL NOT BE CONSIDERED IN APPORTIONING THE EXPENSES; CHILDREN 5 YEARS OF AGE AND UNDER 12 YEARS WILL BE CONSIDERED AS COSTING ONE-HALF AS MUCH AS AN ADULT; AND CHILDREN 12 YEARS OF AGE OR OVER WILL BE CONSIDERED ON THE SAME BASIS AS AN ADULT. 7 COMP. GEN. 220, MODIFIED.

SECTION 13 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS APPLICABLE UP TO NOVEMBER 15, 1942, PROVIDED:

ACCOMMODATIONS ON TRAINS AND STEAMERS.--- THE FOLLOWING ACCOMMODATIONS WILL BE ALLOWED ON TRAINS AND STEAMERS (SEE PAR. 57):

(A) ONE STANDARD LOWER BERTH FOR EACH PERSON AND LOWEST RATE FIRST CLASS STATEROOM ACCOMMODATIONS ON STEAMERS WHEN SAME IS NOT INCLUDED IN COST OF PASSAGE TICKET. IF THE ACCOMMODATIONS ARE SHARED BY THE TRAVELER, THE FACT SHOULD BE STATED IN THE EXPENSE ACCOUNT AND HE MAY BE REIMBURSED ONLY HIS PROPORTIONATE SHARE OF THE COSTS. (SEE PARS. 13 (D), 95.) THAT REGULATION WAS AMENDED EFFECTIVE NOVEMBER 15, 1942 (SEE BUREAU OF THE BUDGET CIRCULAR NO. 401, DATED OCTOBER 8, 1942), TO READ FOLLOWS:

ACCOMMODATIONS ON TRAINS AND STEAMERS--- AN EMPLOYEE WILL BE ALLOWED THE FOLLOWING ACCOMMODATIONS ON TRAINS AND STEAMERS (SEE PAR. 57):

(A) TRAIN ACCOMMODATIONS.

(1) SLEEPING-CAR ACCOMMODATIONS: ONE STANDARD LOWER BERTH WHEN NIGHT TRAVEL IS INVOLVED. WHEN PRACTICABLE, THROUGH SLEEPING ACCOMMODATIONS SHOULD BE OBTAINED IN ALL CASES WHERE MORE ECONOMICAL TO THE GOVERNMENT. WHERE A CHANGE OF SLEEPING-CAR EN ROUTE IS NECESSARY, THE TRAVELER SHOULD SECURE THE USUAL TRANSFER CHECK FROM THE SLEEPING-CAR CONDUCTOR FOR EXCHANGE AT THE TICKET OFFICE FOR ACCOMMODATIONS BEYOND THE POINT WHERE THE CHANGE IS MADE.

THERE IS FOR NOTING THAT THE LAST SENTENCE OF THE REGULATION IN FORCE PRIOR TO NOVEMBER 15, 1942, WAS ELIMINATED IN THE AMENDED REGULATION EFFECTIVE ON AND AFTER THAT DATE. IT IS A WELL-SETTLED RULE OF STATUTORY CONSTRUCTION THAT THE OMISSION OF A PORTION OF AN ORIGINAL STATUTE IN AN AMENDATORY ACT COVERING THE WHOLE SUBJECT MATTER EFFECTS A REPEAL OF THE PORTION SO OMITTED. IN THAT CONNECTION SEE SECTION 168, BLACK ON INTERPRETATION OF LAWS, SECOND EDITION, READING IN PERTINENT PART AS FOLLOWS:

WHERE AN AMENDMENT IS MADE BY DECLARING THAT THE ORIGINAL STATUTE "SHALL BE AMENDED SO AS TO READ AS FOLLOWS," RETAINING PART OF THE ORIGINAL STATUTE AND INCORPORATING THEREIN NEW PROVISIONS * * * ALL SUCH PORTIONS OF THE ORIGINAL STATUTE AS ARE OMITTED FROM THE AMENDATORY ACT ARE ABROGATED THEREBY AND ARE THEREAFTER NO PART OF THE STATUTE. ALSO, SEE SECTIONS 237 AND 246, VOL. I, LEWIS-SUTHERLAND STATUTORY CONSTRUCTION, SECOND EDITION.

THE REGULATION HERE INVOLVED HAS THE FORCE AND EFFECT OF LAW, AND THE RULE OF STATUTORY CONSTRUCTION, SUPRA, APPEARS EQUALLY APPLICABLE HERE. HENCE, THE OMISSION FROM THE AMENDED REGULATION HERE INVOLVED PROPERLY MAY BE CONSTRUED TO MEAN THAT THE FULL AMOUNT OF THE CHARGE FOR A BERTH MAY BE ALLOWED A GOVERNMENT EMPLOYEE TRAVELING ON OFFICIAL BUSINESS, NOTWITHSTANDING THE FACT THAT A MEMBER OF HIS FAMILY MAY HAVE SHARED THE BERTH. THE RULE STATED IN THE DECISION OF JANUARY 30, 1928, 7 COMP. GEN. 450, AND IN OTHER DECISIONS WHICH REQUIRED A DIVISION OF THE COST OF A BERTH UNDER SUCH CIRCUMSTANCES IS, BY VIRTUE OF THE AMENDED REGULATION HERE INVOLVED, NO LONGER IN EFFECT.

ACCORDINGLY, THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.