B-46172, DECEMBER 16, 1944, 24 COMP. GEN. 458

B-46172, DECEMBER 16, 1944, 24 COMP. GEN. 458

SUBSISTENCE - PER DIEMS - REDUCTIONS - GOVERNMENT-FURNISHED SLEEPING BAGS AS CONSTITUTING "LODGING" AN EMPLOYEE IN A TRAVEL STATUS WHO IS FURNISHED A SLEEPING BAG AND SHELTER BY THE GOVERNMENT IS TO BE CONSIDERED AS HAVING BEEN FURNISHED LODGING WITHIN THE MEANING OF PARAGRAPH 47 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, REQUIRING A DEDUCTION OF ONE-FIFTH OF THE AUTHORIZED PER DIEM RATE FOR EACH LODGING FURNISHED WITHOUT CHARGE BY A GOVERNMENT AGENCY; HOWEVER, IF A SLEEPING BAG ONLY, WITHOUT SHELTER, IS FURNISHED, NO DEDUCTION FROM THE PER DIEM ALLOWANCE IS REQUIRED.

COMPTROLLER GENERAL WARREN TO L. BEAMAN, DEPARTMENT OF AGRICULTURE, DECEMBER 16, 1944:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 28, 1944 (FILE A, DISBURSEMENT, G.A.O.), AS OLLOWS:

ATTACHED IS VOUCHER PRESENTED TO ME FOR CERTIFICATION IN FAVOR OF HAROLD DOPFER IN THE AMOUNT OF $6.00 COVERING SUSPENSION FROM A PREVIOUS ACCOUNT ( VOUCHER 18-15954, PAID OCTOBER 5, 1944, ACCOUNTS OF G. F. ALLEN, SYMBOL 118-1030), COVERING 1/5 DAY'S PER DIEM ON EACH OF SIX DAYS FOR LODGING FURNISHED BY THE GOVERNMENT. SUSPENSION WAS MADE IN ACCORDANCE WITH PARAGRAPH 47A OF THE STANDARD TRAVEL REGULATIONS. YOUR DECISION IS REQUESTED AS TO WHETHER THE FACILITIES FURNISHED THE TRAVELER ON THE NIGHTS IN QUESTION CONSTITUTE "LODGING" WITHIN THE MEANING OF PARAGRAPH 47A OF THE TRAVEL REGULATIONS, AND WHETHER THE ACCOUNT MAY PROPERLY BE CERTIFIED IN FULL OR IN PART.

ON THE NIGHTS OF SEPTEMBER 8 AND SEPTEMBER 9, 1944, THE TRAVELER WAS FURNISHED A GOVERNMENT OWNED SLEEPING BAG AND SUFFICIENT SPACE IN A GOVERNMENT OWNED FLOORLESS TENT AT THE FIRE CAMP, ON WHICH TO UNROLL THE SLEEPING BAG AND ON WHICH TO SLEEP.

ON THE NIGHTS OF SEPTEMBER 10, 11, 12, AND 13, THE TRAVELER WAS FURNISHED A GOVERNMENT OWNED SLEEPING BAG ONLY AND SLEPT OUT IN THE OPEN, THERE BEING NO AVAILABLE SPACE IN THE TENT OR OTHER SHELTER FOR HIM.

THESE SLEEPING BAGS ARE REGULAR CAMP SLEEPING BAGS CONSISTING OF AN OUTSIDE COVERING OF LIGHT CANVAS DUCK WHICH CLOSES ON ONE END AND TWO SIDES TO FORM A BAG; INSIDE THIS BAG ARE TWO KAPOK FILLED PADS, ONE ON WHICH TO LIE AND THE OTHER TO COVER THE SLEEPER; THERE IS ALSO A PAIR OF LIGHT COTTON SHEET BLANKETS TO SLEEP BETWEEN. THE SLEEPING BAGS ARE NOT ISSUED TO INDIVIDUALS, BUT A SUFFICIENT NUMBER ARE SENT OUT FROM A CENTRAL SUPPLY TO FURNISH A BAG TO EACH MAN AT THE FIRE CAMP. THEY ARE KEPT IN A COMMON STORAGE AT THE CAMP AND ARE ISSUED TO THE MEN AS THEY COME IN FROM THE FIRE LINE EACH NIGHT. THEY ARE RETURNED TO COMMON STORAGE EACH MORNING. AS CONDITIONS PERMIT, THE SHEET BLANKETS ARE LAUNDERED BY THE GOVERNMENT. EACH WINTER THE BAGS ARE INSPECTED, DRY CLEANED, FUMIGATED, AND REPAIRED BY THE GOVERNMENT AT A COST OF APPROXIMATELY $1.00 EACH. THESE SLEEPING BAGS ARE QUITE WARM AND ARE USED QUITE GENERALLY BY CAMPERS, HUNTERS, ETC., FOR SLEEPING EITHER IN THE OPEN OR UNDER SHELTER. THEY HAVE LARGELY REPLACED THE BED ROLL OF BLANKETS AND TARPAULINS FOR THIS TYPE OF SERVICE.

OCCASIONALLY AT FIRE CAMPS, IT IS POSSIBLE TO FURNISH TENTS FOR SOME OF THE MEN TO SLEEP IN. WHEN THESE ARE FURNISHED, THEY ARE THE REGULAR COTTON DUCK TENT IN WHICH FROM 6 TO 8 MEN SLEEP. NEITHER COTS NOR BEDS ARE SUPPLIED. THE MEN SLEEP IN SLEEPING BAGS ON THE GROUND, OR UPON BOUGHS WHICH THEY MAY HAVE CUT FROM NEARBY TREES. THESE TENTS DO NOT HAVE FLOORS, NOR CAN THEY BE CONSIDERED AS COMPARABLE TO ROOMS.

THE COMPTROLLER IN DECISION A-6311 OF JULY 31, 1929, STATED THAT AN EMPLOYEE IN TRAVEL STATUS WILL BE CONSIDERED AS HAVING BEEN FURNISHED LODGING ONLY WHEN HE IS FURNISHED WITHOUT CHARGE "BOTH SHELTER AND BED OR BEDDING.' THIS DECISION IS NOT CLEAR AS TO (1) WHETHER A SLEEPING BAG AND TENT SPACE BOTH FURNISHED BY THE GOVERNMENT WITHOUT CHARGE SHOULD BE CONSIDERED AS HAVING BEEN FURNISHED LODGING WITHIN THE PURVIEW OF THESE REGULATIONS WHEN HE IS FURNISHED WITHOUT CHARGE A GOVERNMENT OWNED SLEEPING BAG AND SLEEPS IN THE OPEN.

PARAGRAPH 47 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS READS AS FOLLOWS:

(A) FURNISHED BY A GOVERNMENT AGENCY WITHOUT CHARGE.--- NOT LESS THAN ONE -FIFTH OF THE AUTHORIZED PER DIEM RATE WILL BE DEDUCTED FOR EACH MEAL AND/OR LODGING FURNISHED WITHOUT CHARGE BY A GOVERNMENT AGENCY.

IN DECISION OF JULY 31, 1929, A-6311 TO WHICH YOU REFER, IT WAS STATED:

THERE SHOULD BE NO DIFFICULTY IN APPLYING THE REGULATIONS WHEN A TRAVELER IS FURNISHED LODGING IN A COMPLETELY FURNISHED ROOM EITHER WITH OR WITHOUT CHARGE NOR, ON THE OTHER HAND, WHEN HE SLEEPS IN THE OPEN, USING HIS OWN BEDDING. HOWEVER, WHEN THE ACCOMMODATIONS FURNISHED ARE LESS THAN A FURNISHED ROOM, OR WHEN THE EMPLOYEE DOES NOT SLEEP IN THE OPEN BUT OCCUPIES SHELTER BELONGING TO THE GOVERNMENT OR TO ANOTHER GOVERNMENT EMPLOYEE, IT BECOMES NECESSARY TO PRESCRIBE A DIVIDING LINE IN ORDER TO DETERMINE WHEN THE REGULATIONS REQUIRE THE LODGING TO BE TAKEN INTO CONSIDERATION. FOR THE PRESENT, THEREFORE, AN EMPLOYEE ON A PER DIEM IN LIEU OF SUBSISTENCE BASIS WILL BE CONSIDERED AS HAVING BEEN FURNISHED LODGING, WITHIN THE PURVIEW OF THE REGULATIONS REQUIRING DEDUCTION OF ONE- FIFTH OF THE PER DIEM, WHEN HE IS FURNISHED WITHOUT CHARGE BOTH SHELTER AND BED OR BEDDING, IT BEING IMMATERIAL WHETHER THE SHELTER AND BEDDING BELONG TO THE GOVERNMENT OR TO ANOTHER EMPLOYEE OF THE GOVERNMENT. SEE PARAGRAPH 47C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. IF THE TRAVELER IS FURNISHED SHELTER ONLY AND USES HIS OWN BEDDING, NO DEDUCTION FROM THE PER DIEM ALLOWANCE WILL BE REQUIRED.

COMPARE DECISION OF AUGUST 25, 1942, B-24517.

IT WOULD FOLLOW FROM WHAT IS STATED IN THE ABOVE-QUOTED DECISION THAT IF A TRAVELER IS FURNISHED BEDDING (SLEEPING BAG) ONLY, AND NO SHELTER, NO DEDUCTION FROM THE PER DIEM ALLOWANCE IS REQUIRED.

ACCORDINGLY, IN THE CASE PRESENTED DEDUCTION OF ONE-FIFTH PER DIEM PROPERLY WAS MADE BY THE ADMINISTRATIVE OFFICE FOR SEPTEMBER 8 AND 9, 1944, WHEN BOTH SHELTER AND SLEEPING BAG WERE FURNISHED BY THE GOVERNMENT, BUT THERE SHOULD HAVE BEEN NO DEDUCTION FROM THE PER DIEM ALLOWANCE FOR SEPTEMBER 10, 11, 12, AND 13, 1944, WHEN ONLY A SLEEPING BAG WITHOUT SHELTER WAS FURNISHED.

THE VOUCHER MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE FOREGOING.