TRAVELING EXPENSES-Con.
Fares-Continued.

Lowest first-class limitation-Con.

class accommodations, the rate for the
roomette properly may be regarded as
"the lowest first-class rate by trans-
portation facility used in such travel"
within the meaning of section 10 of the
act of March 3, 1933, limiting travel
allowances on an actual expense basis
to such lowest first-class rate...
Wartime travel conditions as justifica-
tion for nonapplication-the general
unsatisfactory conditions of travel for
civilians due to the war emergency do
not justify nonapplication of sec. 10,
act of Mar. 3, 1933, limiting travel
allowances on actual expense basis to
"the lowest first-class rate by the trans-
portation facility used.".
Round trip:

Unexpected return over "round-trip"
route practicability and economy of
purchasing round-trip ticket, as re-
quired by par. 16 of Standardized
Govt. Travel Regs., is to be judged as
of the route contemplated at the time
traveler leaves his headquarters and
not by changes in his routing which
may be made before his return, and,
therefore, where round-trip rate was
not available over traveler's contem-
plated route, fact that, due to changes
in itinerary during travel, he actually
returned by route over which round-
trip rate would have been available
does not obligate him for difference be-
tween costs of one-way tickets used
and round-trip rate...
Wartime travel conditions as excusing
nonpurchase of round-trip tickets-
where shown that, due to emergency
war conditions, official traveler was
unable to obtain advance reservations
on trains and was required to secure
one-way tickets for each step of jour-
ney, it may be concluded that secur-
ing of round-trip ticket was not "prac-
ticable" within meaning of par. 16,
Standardized Govt. Travel Regs..

Taxicabs:

Advance, blanket, etc., administrative
determinations as to necessity for

use:

Broad administrative determination
that regular use of taxicabs by par-
ticular employee or class of employ-
ees is necessity at all times may not
be accepted as establishing that
public or regular means of transpor-
tation cannot be used advantageous-
ly in interests cf Govt. within mean-
ing of par. 11, Standardized Govt.
Travel Regs., authorizing reim-
bursement for use of special convey-
ances when necessity therefor is es-
tablished in each instance..

Taxicabs-Continued.

Advance, blanket, etc., administrative
determinations as to necessity for
use-Continued.

While use of travel forms evidencing
advance administrative approval of
use of taxicabs by official traveler in
cases of necessity is not objectionable,
such blanket authorization legally
may not be accepted as conclusive
and would not relieve traveler from
burden of establishing by satisfac-
tory explanation, in compliance
with par. 11, Standardized Govt.
Travel Regs., official need for hire of
special conveyance when public or
regular means of transportation are
or were available...
First duty station:

See, also, related matters under heading:
Traveling Expenses, civilians appointed
or assigned to duty at overseas bases.
Discretionary payment authority of War
Dept., in general-in view of broad au-
thority and discretion vested in Sec. of
War under act of July 2, 1940, to use War
Dept. appropriations for various pur-
poses, including construction and oper-
ation of military facilities by Govt. per-
sonnel, and payment of "such ・・・
travel expenses, as he may deem neces-
sary to carry out the purposes of this
Act," traveling expenses-within limits
of Standardized Govt. Travel Regs.-of
new employees to their first duty sta-
tions may be paid from funds otherwise
available, upon determination by Sec-
retary that certain employments or
classes of employments necessary to
carry out a project under said act cannot
be effectuated without payment of such

expenses.
Employees appointed for intermittent ser-
vices. See Traveling Expenses, intermit-
tent employees' travel between duty sta-
tion and home or place of business.
Personnel recruited for duty in manpower
shortage areas:

Information required in support of pay-
ments-where Sec. of War determines
that certain employments or classes of
employments necessary to carry out
project under act of July 2, 1940, can-
not be effectuated without payment
of new employees' travel expenses to
their first duty stations in areas of crit-
ical manpower shortages, authoriza-
tion therefor should indicate in sum-
mary way the facts upon which it is
based, should stipulate areas of criti-
cal manpower shortage and classes of
employment to be benefited, and
should be referred to in any individual
travel orders issued under its author-

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310

331

331

TRAVELING EXPENSES-Con.

First duty station-Continued.

Personnel recruited for duty in manpower
shortage areas-Continued.
Requiring of minimum service period as
condition to payment-where War
Dept. appointees are paid traveling
expenses to their first duty stations in
critical manpower shortage areas un-
der authority of act of July 2, 1940, it
would be appropriate to require of
such appointees an undertaking to
serve some minimum period of time
at their first duty stations, in order
that purpose of travel allowance would
not be defeated....

Govt. employees serving in private industry
as war service transferees:
Restoration to Govt. position after com-
pletion of service in private industry-
in general-under war service regula-
tions with respect to reemployment
rights of Federal employees carried in
leave-without-pay status while serving
in private industry, employee is not re-
lieved from bearing expense of reporting
for duty if and when he returns to official
duty in his old position and at his
former official station from leave with-
out-pay (see decisions cited to effect
that return from furlough or leave-with-
out-pay status is tantamount to report-
ing to first duty station, cost of which
must be borne by employee).----
Return to former official station for tem-
porary duty:

In general:

Although war service regulations with
respect to Federal employees car-
ried in leave-without-pay status
while serving in private industry
confer no right in employee to be re-
turned to his former official station
for period of official duty, neverthe-
less, if such employee whose services
are needed for short period in his
former position will agree to serve as
private party without compensa-
tion, he may be reimbursed his ex-
penses of travel to and from his for-
mer official station, either on actual
expense basis or in accordance with
Standardized Govt. Travel Regs.
as may be agreed upon in advance..
Under war service regulations with
respect to reemployment rights of
Federal employees carried in leave-
without-pay status while serving in
private industry, employee is not
relieved from bearing expense of re-
porting for duty if and when he
returns to official duty in his old
position and at his former official
station from leave-without-pay (see
decisions cited to effect that return
from furlough or leave-without-pay

as war service transferees-Con.
Return to former official station for tem-
porary duty-Continued.

In general-Continued.

status is tantamount to reporting to
first duty station, cost of which must
be borne by employee).
Whether administrative office requir-
ing temporary services of former em-
ployee carried in leave-without-pay
status in his Federal position while
serving in private industry in ac-
cordance with war service regulations
is authorized or required to restore
employee to official duty during
period of his temporary services is
administrative matter, and not for
consideration by this office, but
should he be restored to his former
position and paid salary, he must
bear cost of returning to duty as his
former official station..
Headquarters-travel between home and
temporary station. See Traveling Expenses,
travel between home and temporary station.
Illness en route. See Traveling Expenses,
personal convenience, illness en route.
Indirect travel. See Traveling Expenses,
routes, circuitous.
Intermittent employees' travel between duty
station and home or place of business:
Authorization for consultants' expenses as
extending to other intermittent em-
ployees-provision under General Pro-
visions of subsec. (a), National War
Agencies Appropriation Act, 1944, au-
thorizing payment of travel expenses to
and from their homes or regular places of
business of persons employed inter-
mittently away from their homes or
regular places of business as consultants
paid on basis of "when actually em-
ployed," is specifically limited to con-
sultants, and may not be extended so as
to relieve other classes of personnel em-
ployed intermittently on "when actually
employed" basis from general require-
ment of bearing cost of reporting to their
post of duty from their homes and places
of employment..
"Consultant" defined-term

"consult-

ant," in statutes authorizing payment
of travel expenses to and from their
homes or regular places of business of
persons employed intermittently away
therefrom as consultants and paid on per
diem "when actually employed" basis,
denotes one who serves in advisory
capacity to administrative officer of
Govt., as distinguished from one who
serves as administrative officer or em-
ployee in performance of duties and
responsibilities imposed by law upon
agency in which employed-that is, one
who gives his opinion regarding a prob-

Page

447

447

90

TRAVELING EXPENSES-Con.
Intermittent employees' travel between
duty station and home or place of
business-Continued.

lem or question presented to him by the
administrative officers, but does not
perform or supervise performance of such
duties and responsibilities..
Determination of employees' "consult-
ant" status under authorizing stat-
utes:

Finality of administrative determina-
tions-under statutes authorizing pay-
ment of travel expenses to and from
their homes or regular places of busi-
ness of persons employed intermit-
tently away therefrom as consultants
and paid on per diem "when actually
employed" basis, title "consultant"
administratively ascribed to one hold-
ing an office or position may be re-
garded, generally, as prima facie evi-
dence that incombent is a consultant,
and, in absence of evidence to con-
trary, this office will not question such
administrative certification......
Jurisdiction generally-question whether
officer or employee is a "consultant,"
within meaning of statutes authorizing
payment of travel expenses to and from
their homes, etc., while employed in-
termittently away therefrom on per
diem "when actually employed" basis,
is, generally, one of fact rather than of
law, and as such, is for determination
primarily by administrative authority
on basis of functions assigned and du-
ties performed....
Effect of assignment of intermittent "con-
sultant" to administrative duties-Office
of Price Admin. employee who was
originally employed and served as a
"consultant" on per diem "when actu-
ally employed" basis, and was subse-
quently assigned duties as an adminis-
trative officer (Acting Deputy Adminis-
trator) may not be regarded as a "con-
sultant" on or after the date he assumed
duties as administrative officer so as to
entitle him to payment of per diem in
lieu of subsistence and traveling ex-
penses to and from his home, etc., as is
authorized by statute for consultants
employed intermittently away from
their homes, notwithstanding fact that
he continued to serve under his appoint-
ment as consultant.
Right to leave benefits as determinative
of intermittent employment status:
Generally speaking, if consultant be em-
ployed continuously to such extent as
to constitute him "indefinite" em-
ployee within meaning of Annual and
Sick Leave Regulations, he may not
be regarded as employed "intermit-
tently" within meaning of appropria-
tion authorizing payment of travel ex-

Page

497

497

497

497

TRAVELING EXPENSES-Con.
Intermittent employees' travel between
duty station and home or place of
business-Continued.

Right to leave benefits as determinative
of intermittent employment sta-
tus-Continued.

penses to and from their homes or
regular places of business to persons
employed intermittently as consult-
ants and paid on per diem when actu-
ally employed basis.
Where consultant employed under ex-
cepted indefinite appointment on
basis of "when actually employed"
worked on average of 22 days per
month, his status-despite nomencla-
ture of his appointment-may be re-
garded as that of person employed
"intermittently" within meaning of
First Deficiency Appro. Act, 1943, and
National War Agencies Appro. Act,
1944, authorizing payment of traveling
expenses to and from homes or regular
places of business of persons employed
intermittently as consultants on
"when actually employed" basis, if by
virtue of his appointment status no
leave benefits accrue under leave acts
and regulations issued thereunder....
Joint travel-sharing of Pullman accommo-
dations. See Traveling Expenses, Pull-
man, sharing of accommodations.
Judges-actual subsistence expense reim-
bursement. See Subsistence, judges.
Military personnel on civilian duty-retired
personnel assigned as State Department
couriers-in general-retired Army officer
assigned, in an inactive status as a retired
officer, to duty as courier of Dept. of State
pursuant to provision in Dept. of State
Appropriation Act, 1944, authorizing the
President to assign "personnel of the
Army" to such duty, may be paid travel-
ing expenses on basis authorized in act for
personnel so assigned, that is, same travel-
ing expenses as are authorized for Foreign
Service officers..

Personal convenience:
Illness en route-notwithstanding avail-
ability of appropriation of Foreign Eco-
nomic Admin. (act of July 12, 1943) for
traveling expenses outside U. S. "with-
out regard to the Standardized Govern-
ment Travel Regulations and the Subsist-
ence Expense Act of 1926, as amended,"
where employee en route to new station
outside U. S. became too ill to continue
his mission and was ordered to return to
old station, traveling expenses incurred
after abandonment of travel to new sta-
tion, including expenses of return jour-
ney, must be considered as personal to
employee and not chargeable to appro-
priation. 23 Comp. Gen. 237 and ibid.
537, amplified....

Page

245

245

272

864

TRAVELING EXPENSES-Con.

Personal convenience-Continued.
Interruption of duty status because of
death or illness of relative employee
who, while en route on official business
from his official headquarters to tempo-
rary duty station, received notice of fa-
ther's death, abandoned his official rout-
ing and proceeded at his own expense to
father's home and subsequently returned
to his official headquarters is entitled to
transportation at Govermnent expense
between his official headquarters and
point at which he abandoned his official
trip, including per diem in lieu of sub-
sistence for the time necessarily con-
sumed on that portion of journey.....
Routes. See Traveling Expenses, routes.
Pullman;

Continuous rail journey duration require-
ments-rail travel mixed with other
modes of travel-where, in connection
with employee's journey involving
combined rail and boat travel in excess
of two hours, rail journey to board boat
is less than two hours in duration, cost
of Pullman seat on train may not be
allowed under provisions of para. 13 (a)
(2), Standardized Govt. Travel Regs., as
amended, for allowance to official travel-
ers of "One seat in a sleeping or parlor-
car when the continous rail journey is
more than two hours in duration
provided however that a stop for the
purpose of changing trains shall not be
considered an interruption of the journey
Sharing of accommodations-employee in
authorized travel status who shares his
Pullman berth with member of his fam-
ily may be allowed full amount of charge
for berth, in view of provisions of Budget
Circular No. 401, effective Nov. 15, 1942,
which, in amending par. 13(a), Stand-
ardized Government Travel Regs.
omitted provision that "if the accom-
modations are shared by the traveler
*** he may be reimbursed only his
proportionate share of the costs." Rule
stated in 7 C. G. 450, is no longer in
effect..

Receipts. See Receipts.

Retired military personnel assigned as State
Department couriers. See Traveling Ex-
penses, military personnel on civilian duty.
Routes:

Circuitous:

Payment basis:

Normal travel conditions as controlling
cost comparison-in determining un-
der pars. 10 and 49 of Standardized
Govt. Travel Regs. comparative cost
of constructive direct travel-in-
cluding per diem in lieu of sub-
sistence and cost of circuitous travel
actually performed by employee for
personal convenience, comparison

Circuitous-Continued.

Payment basis-Continued.

between such costs must be based
upon normal traveling conditions,
and, therefore, there may not be
considered fact that train on which
employee would have traveled by
direct route was late in arriving at
its destination..

Rates for use in comparative cost de-
terminations-comparison in the

cost of constructive direct travel and
circuitous travel actually performed
by an employee should be based
upon through rates for accommoda-
tions actually used.
Schools of instruction-in view of provision
in Independent Offices Appro. Act, 1944,
appropriating funds to Public Buildings
Admin. "for advance studies for Federal
building construction," expenses incident
to designated employees attending welding
school and taking special course in order to
make study of welding as method of con-
structing steel-framed buildings may be
paid from said appropriation, including
traveling expenses while attending school..
Taxicabs. See Traveling Expenses, fares,
taxicabs.

Telephone calls incident to arranging for
transportation-expense incurred by of-
ficial traveler for telephone calls incident to
arranging for transportation to his resi-
dence upon completion of tour of duty
away from his official headquarters is
personal to traveler and may not be re-
imbursed under any provision of Stand-
ardized Govt. Travel Regs.
Temporary duty:

Temporary station later made new station.
See Traveling Expenses, transfers, tem-
porary station later made new station.
Travel between home and temporary sta-
fion. See Traveling Expenses, travel be-
tween home and temporary station.
Transfers:

See, also, Transportation, enlisted men,
change of station.

Temporary station later made new sta-
tion-effective date of transfer-where
employee, while at temporary duty
station, was permanently transferred
to that station but notice of transter was
not received by him until he returned
to his old station incident to his original
orders, change of station was not effective
until he returned to new permanent sta-
tion, and, therefore, he is entitled to per
diem in lieu of subsistence while at tem-
porary station subsequently made per-
manent, and to traveling expenses in
connection with travel therefrom to his
old station and return....

TRAVELING EXPENSES-Con.

Travel between home and temporary sta-

tion:

Daily travel:

Requiring of as alternative for other

travel allowances:

Employee who was involuntarily re-
quired to travel daily between his
home (not within corporate limits
of his official station) and temporary
station (within commuting distance
of his home but not his official sta-
tion, in order to save per diem in
lieu of subsistence which would have
been payable had he been allowed to
remain at temporary station for
period of duty there may be allowed
costs of transportation for such re-
peated travel, which costs are less
than costs of travel between his per-
manent and temporary stations, as
well as less than subsistence com-
mutation which would have been
payable..

It is within administrative discretion
to order an employee involuntarily
to make daily trips between his per-
manent and temporary stations-
where distance permits--and reim-
burse him for transportation costs
incurred, rather than to permit him
to remain at his temporary post
during period of temporary duty
and allow him per diem in lieu of
subsistence....

General rules as to amount reimbursable-
travel expenses of employee whose travel
to and from temporary duty station,
Chicago, Ill., began and terminated at
his home, Washington, D. C., rather
than at his official headquarters, Balti-
more, Md., may be allowed on basis of
expenses actually incurred, not to ex-
ceed those which would have been in-
curred had travel begun and terminated
at his official headquarters, without de-
duction being made for cost of trans-
portation between employee's home
and official headquarters. 22 C. G. 572,
amplified...

Travelers' checks:

Reimbursability of costs:

General effect of statutory provision for
reimbursement of exchange losses-
act of Mar. 26, 1934, providing for re-
imbursement of currency losses in-
curred by officers of Govt. in service
abroad due to appreciation of foreign
currency exchange rates over the pre-
vailing rates of exchange in effect at
time American dollar was devalued,
does not affect or control question re-
lating to expense of purchasing travel-
ers' checks incident to travel abroad.
In general-cost of travelers' checks pur-
chased in order for official traveler to
take expense money out of this country

Page

352

352

352

212

TRAVELING EXPENSES-Con.
Travelers' checks-Continued.
Reimbursability of costs-Continued.
for travel abroad and to reenter this
country with unexpended foreign cur-
rency is not travel expense item
allowable under Standardized Govt.
Travel Regs., in absence of provision
therein, express or implied, for such
item...

Travel status-interruption for personal con-
venience. See Traveling Expenses, per-
sonal convenience.

Vehicles:

Fares. See Traveling Expenses, fares.
Use of privately owned:

Aircraft. See Traveling Expenses, air
travel, travel by privately owned aircraft.
Authority in general to prescribe pay-
ment by contract-as existing laws
and Stan. Govt. Travel Regs. fix
amounts payable to Govt. employees
for official travel by privately owned
conveyance and also prescribe manner
of authorization therefor by travel
order-rather than contract-reim-
bursement to employee for official
travel by privately owned conveyance
is not within scope of contracting or
procurement authority of executive
departments....

Automobiles. See, generally, Mileage,
travel by privately owned automobile;
and Mileage, headquarters, automo-
biles, use of privately owned.
War powers contracting authority as justify-
ing departure by contract from laws and
regulations governing—while provisions
of First War Powers Act, authorizing
certain departments and agencies to enter
into contracts without regard to laws
relating to the making, performance,
amendment, or modification of contracts,
liberalized existing statutes relating to
procurement, they did not contemplate
departure, by device of contract, from
standards set by existing laws and regula-
tions respecting compensation and allow-
ances, travel or otherwise, payable to
Govt. employees...
Witnesses:

See, also, related headings: Mileage,
witnesses; Subsistence, witnesses.
Government employee official-duty testi-

mony:

Appropriation chargeable:

Chargeability as depending upon na-
ture of duties when facts were as-
certained:

Where deputy clerk of U. S. district
court testified on behalf of U. S. in
habeas corpus proceeding in an-
other district court as to different
steps taken in previous criminal
proceedings in court of which she
was an official, such person may be
regarded as having testified in "case

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99

99