B-29883, NOVEMBER 6, 1942, 22 COMP. GEN. 459

B-29883, NOVEMBER 6, 1942, 22 COMP. GEN. 459

TRAVELING EXPENSES - PERSONS SERVING WITHOUT COMPENSATION IN AN ADVISORY CAPACITY WHILE AWAY FROM THEIR HOMES UNDER THE STATUTORY AUTHORITY TO PAY ACTUAL TRANSPORTATION AND OTHER NECESSARY EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES IN AN ADVISORY CAPACITY WITHOUT OTHER COMPENSATION FROM THE UNITED STATES, SUCH A PERSON WHO, FOR PERSONAL REASONS, RETURNS TO HIS HOME EACH WEEK END MAY BE REIMBURSED FOR TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE WHILE TRAVELING FROM AND TO HIS HOME TO AND FROM HIS POST OF DUTY.

COMPTROLLER GENERAL WARREN TO R. E. HORGAN, OFFICE OF PRICE ADMINISTRATION, NOVEMBER 6, 1942:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 26, 1942, AS FOLLOWS:

ATTACHED IS BUREAU VOUCHER NO. OPA-4346 SUBMITTED BY ALBERT COOK WOODRUFF TO THE UNDERSIGNED, AN AUTHORIZED CERTIFYING OFFICER, IN RECLAIM OF ITEMS DEDUCTED FROM DISBURSING OFFICER'S VOUCHER NO. 574307 PAID SEPTEMBER 22, 1942, OVER SYMBOL NO. 207,000, ACCOUNTS OFG. F. ALLEN, CHIEF DISBURSING OFFICER.

MR. WOODRUFF IS A CONSULTANT SERVING WITHOUT COMPENSATION IN THE OFFICE OF PRICE ADMINISTRATION, BUT IS ENTITLED TO TRAVELING EXPENSES AND A $10 PER DIEM IN LIEU OF SUBSISTENCE WHILE PERFORMING OFFICIAL DUTIES AWAY FROM HIS HOME, AS AUTHORIZED BY THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED JULY 25, 1942.

THE DEDUCTIONS MADE BY THIS OFFICER WERE THE EXCESS OF TRANSPORTATION COSTS INCURRED IN TRAVELING TO HIS HOME OVER PER DIEM WHICH WOULD HAVE BEEN ALLOWED HAD HE REMAINED AT HIS TEMPORARY DUTY STATION. THIS ACTION WAS BASED ON ADMINISTRATIVE ORDER ( NO. 32 DATED JULY 1, 1942) OF THE OFFICE OF PRICE ADMINISTRATION, WHICH WAS, IN TURN, PROMULGATED ON THE BASIS OF WHAT IS ASSUMED TO BE YOUR ATTITUDE WITH REGARD TO THAT TYPE OF TRAVEL.

IT IS THE ATTITUDE OF THE OFFICE OF PRICE ADMINISTRATION, HOWEVER, THAT DENIAL OF TRANSPORTATION EXPENSES IN RETURNING TO HIS HOME FOR SHORT PERIODS MAY WORK AN INJUSTICE TO THE CONSULTANT. SINCE HE IS DRAWING NO SALARY FROM THE UNITED STATES, MR. WOODRUFF CANNOT, OF COURSE, DEVOTE FULL TIME TO GOVERNMENTAL ACTIVITIES BUT MUST STILL PAY INTERMITTENT ATTENTION TO HIS PERSONAL AFFAIRS. HIS ABSENCE FROM HIS HOME BEING SOLELY FOR THE BENEFIT OF THE GOVERNMENT, IT APPEARS PROPER THAT HE SHOULD BE ALLOWED TO RETURN THERETO AT GOVERNMENT EXPENSE, EVEN THOUGH THE TRAVEL IS FOR PURELY PERSONAL REASONS.

BECAUSE IT IS THE DESIRE OF THE OFFICE OF PRICE ADMINISTRATION TO PAY TRANSPORTATION COSTS IN SUCH CASES, IF IT IS LEGALLY POSSIBLE TO DO SO, IT WOULD BE APPRECIATED IF YOU WOULD INFORM THIS OFFICE WHETHER OR NOT YOU WOULD INTERPOSE AN OBJECTION TO PAYMENT OF THE ACCOMPANYING RECLAIM VOUCHER.

ATTACHED TO THE VOUCHER IS AN ADMINISTRATIVE STATEMENT AS FOLLOWS:

ATTACHED IS RECLAIM FOR TRAVEL PERFORMED BY MR. WOODRUFF AT THE REQUEST OF THIS DIVISION.

MR. WOODRUFF HAS BEEN OFFERING THE TEXTILE, LEATHER AND APPAREL DIVISION THE BENEFITS OF HIS EXPERIENCE IN THE PRINTING, DYEING, AND FINISHING OF TEXTILES ON A CONSULTANT WITHOUT COMPENSATION BASIS AS HE HAS FOUND IT IMPOSSIBLE TO DEVOTE HIS FULL TIME TO HIS EFFORTS HERE WITHOUT TOO GREAT A PERSONAL SACRIFICE. HOWEVER FOR OUR CONVENIENCE HE HAS ARRANGED HIS SCHEDULE SO THAT HE CAN ASSIST US DURING OUR WEEK DAY WORKING HOURS AND DEVOTE THE WEEK-ENDS TO HIS PRIVATE CONNECTIONS.

INASMUCH AS THIS ASSISTANCE HAS BEEN OF PRIMARY IMPORTANCE IN THE ISSUANCE OF MAXIMUM PRICE REGULATION NO. 128, PROCESSING AND FINISHING PIECE GOODS, AND IN THE ISSUANCE OF MAXIMUM PRICE REGULATION NO. 127, FINISHED PIECE GOODS, AND INASMUCH AS MR. WOODRUFF, AT PRESENT, IS ONE OF THE MOST VALUED MEMBERS OF OUR STAFF WORKING ON THE REVISIONS AND AMENDMENTS NECESSARY TO MAKE THESE ORDERS NOW EFFECTIVE; AND INASMUCH AS WE APPRECIATE THE FACT THAT MR. WOODRUFF HAS ARRANGED HIS SCHEDULE SO AS TO MAKE HIMSELF AVAILABLE DURING OUR WORK WEEK, AND HAS CONFINED HIS PERSONAL BUSINESS TO THE WEEK-ENDS, WE REQUEST THAT THIS RECLAIM BE GRANTED.

THE APPROPRIATION UNDER THE HEADING," OFFICE OF PRICE ADMINISTRATION," APPEARING IN THE " FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943," APPROVED JULY 25, 1942, 56 STAT. 704, PUBLIC LAW 678, IS AVAILABLE FOR "ACTUAL TRANSPORTATION AND OTHER NECESSARY EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES IN AN ADVISORY CAPACITY WITHOUT OTHER COMPENSATION FROM THE UNITED STATES, OR AT $1 PER ANNUM.'

SECTION 3 OF ADMINISTRATIVE ORDER NO. 32, DATED JULY 1, 1942, REFERRED TO IN YOUR LETTER, PROVIDES:

SECTION 3. POLICY AND PROCEDURE FOR APPOINTMENT OF CONSULTANTS WITHOUT COMPENSATION.

A. GENERAL REQUIREMENTS.

1. OFFICIAL STATION AND TRAVEL.--- A CONSULTANT SERVING WITHOUT COMPENSATION APPOINTED WITH OFFICIAL STATION AT HIS HOME, AT HIS REGULAR PLACE OF WORK, OR AT WASHINGTON, D.C., MAY BE PAID THE COST OF TRANSPORTATION FROM HIS OFFICIAL STATION TO HIS ASSIGNED POST OF DUTY AND RETURN, AND A PER DIEM ALLOWANCE OF $10 IN LIEU OF SUBSISTENCE WHILE ABSENT FROM HIS OFFICIAL STATION ON OFFICIAL BUSINESS.

2. LIMITATION ON $10 PER DIEM ALLOWANCE.--- THE $10 PER DIEM ALLOWANCE FOR CONSULTANTS WITHOUT COMPENSATION SHALL NOT BE PAID FOR MORE THAN THIRTY CONTINUOUS CALENDAR DAYS OF DUTY AT ANY ONE ASSIGNED STATION. THIS PROVISION SHALL APPLY TO SERVICES RENDERED ON AND AFTER JULY 1, 1942.

UNOFFICIAL TRAVEL TO THE HOMES OF EMPLOYEES MAY NOT BE PERFORMED AT GOVERNMENT EXPENSE AND RETURN FROM SUCH TRAVEL SHALL NOT SERVE TO BEGIN A NEW PERIOD OF THIRTY DAYS' DUTY FOR WHICH PER DIEM ALLOWANCE MAY BE CLAIMED.

REFERRING TO SUBPARAGRAPH A.1., SUPRA, THE HOME OF A CONSULTANT AT WHICH HE PERFORMS NO OFFICIAL DUTY SHOULD NOT BE DESIGNATED AS HIS OFFICIAL STATION. SEE DECISION OF SEPTEMBER 16, 1942, B-28780, 22 COMP. GEN. 231.

THE PURPOSE AND INTENT OF THE APPROPRIATION PROVISION OBVIOUSLY IS TO PERMIT THE EMPLOYMENT OF QUALIFIED CONSULTANTS FROM PRIVATE LIFE FOR SHORT PERIODS AND TO REIMBURSE THEM FOR TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE WHILE NECESSARILY AWAY FROM THEIR HOME TRAVELING ON OFFICIAL BUSINESS.

ACCORDINGLY, THIS OFFICE IS NOT REQUIRED TO OBJECT TO YOUR CERTIFICATION OF THE INVOLVED RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH.