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B-147981, APRIL 30, 1962, 41 COMP. GEN. 712

B-147981 Apr 30, 1962
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SIMILAR TO THE ITEMS THAT ARE REIMBURSABLE FOR THE TRAVEL OF THE MEMBER IS PROPER UNDER THE BROAD LANGUAGE IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. TO PROMULGATION OF CHANGES TO THE JOINT TRAVEL REGULATIONS TO AUTHORIZE REIMBURSEMENT FOR CERTAIN TYPES OF EXPENSES INCIDENT TO TRANSPORTATION OF DEPENDENTS WHICH ARE NOW PROHIBITED BY PARAGRAPH 4400-1 OF THE JOINT TRAVEL REGULATIONS ALTHOUGH AUTHORIZED IN CONNECTION WITH TRAVEL OF THE MEMBER HIMSELF UNDER PART I. THE REQUEST WAS ASSIGNED CONTROL NO. 62-5 BY THE PER DIEM. IT IS CONCLUDED THAT MANY TRAVEL EXPENSES OF THE TYPES INCURRED BY MEMBERS ARE EQUALLY APPLICABLE TO TRAVEL BY DEPENDENTS AND SHOULD RECEIVE EQUAL CONSIDERATION IN DETERMINING AMOUNTS REIMBURSABLE FOR TRAVEL BY DEPENDENTS.

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B-147981, APRIL 30, 1962, 41 COMP. GEN. 712

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - INCIDENTAL EXPENSES A REGULATION WHICH WOULD AUTHORIZE REIMBURSEMENT TO MEMBERS OF THE UNIFORMED SERVICES FOR INCIDENTAL EXPENSES (TAXICAB FARES BETWEEN TERMINALS, TIPS FOR HANDLING BAGGAGE, PORT TAXES, PASSPORT AND VISA FEES) IN CONNECTION WITH THE TRANSPORTATION OF DEPENDENTS ON CHANGE OF STATION, SIMILAR TO THE ITEMS THAT ARE REIMBURSABLE FOR THE TRAVEL OF THE MEMBER IS PROPER UNDER THE BROAD LANGUAGE IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, WHICH ENTITLES MEMBERS TO TRANSPORTATION IN KIND FOR DEPENDENTS, OR TO REIMBURSEMENT, OR TO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND.

TO THE SECRETARY OF THE AIR FORCE, APRIL 30, 1962:

BY LETTER OF FEBRUARY 19, 1962, THE UNDER SECRETARY OF THE AIR FORCE REQUESTED A DECISION AS TO WHETHER WE WOULD BE REQUIRED TO OBJECT, IN WHOLE OR IN PART, TO PROMULGATION OF CHANGES TO THE JOINT TRAVEL REGULATIONS TO AUTHORIZE REIMBURSEMENT FOR CERTAIN TYPES OF EXPENSES INCIDENT TO TRANSPORTATION OF DEPENDENTS WHICH ARE NOW PROHIBITED BY PARAGRAPH 4400-1 OF THE JOINT TRAVEL REGULATIONS ALTHOUGH AUTHORIZED IN CONNECTION WITH TRAVEL OF THE MEMBER HIMSELF UNDER PART I, CHAPTER 4 OF THOSE REGULATIONS. THE REQUEST WAS ASSIGNED CONTROL NO. 62-5 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE UNDER SECRETARY SAYS THAT, IN VIEW OF REPRESENTATIONS MADE BY THE SERVICES AND UPON CONSIDERATION OF THE NATURE AND PURPOSES OF SUCH EXPENSES, IT IS CONCLUDED THAT MANY TRAVEL EXPENSES OF THE TYPES INCURRED BY MEMBERS ARE EQUALLY APPLICABLE TO TRAVEL BY DEPENDENTS AND SHOULD RECEIVE EQUAL CONSIDERATION IN DETERMINING AMOUNTS REIMBURSABLE FOR TRAVEL BY DEPENDENTS. IT IS PARTICULARLY URGED BY THE SERVICES, HE SAYS, THAT REIMBURSEMENT SHOULD BE MADE FOR ENTRY FEES, PORT TAXES, BOARDING TAXES, AND SIMILAR FEES INCURRED INCIDENT TO TRANSPORTATION OF DEPENDENTS WHEN NOT INCLUDED IN THE PRICE OF THE TICKET. IT IS SAID THAT IN VIEW OF THE HOLDING IN 15 COMP. GEN. 151, SUCH CHARGES LOGICALLY SHOULD BE REIMBURSED FOR DEPENDENTS' TRAVEL AS WELL AS FOR TRAVEL BY MEMBERS. IN ADDITION, THE VIEW IS EXPRESSED THAT SEVERAL OTHER TYPES OF EXPENSES FOR WHICH MEMBERS ARE REIMBURSED ARE ALSO NECESSARY INCIDENTS OF TRAVEL BY DEPENDENTS AND SHOULD BE CONSIDERED IN ARRIVING AT THE COST OF SUCH TRAVEL, SUCH AS:

1. TAXICAB, BUS, STREETCAR, SUBWAY, OR OTHER PUBLIC CARRIER FARES TO, FROM, AND BETWEEN CARRIER TERMINALS;

2. TIPS TO PULLMAN PORTERS, OR SIMILAR TRAIN ATTENDANTS OVERSEAS, AND CUSTOMARY TIPS FOR BAGGAGE HANDLING;

3. COSTS OF CHECKING AND TRANSFER OF BAGGAGE;

4. PASSPORT AND VISA FEES, INCLUDING COST OF PHOTOGRAPHS AND BIRTH CERTIFICATES, OR OTHER ACCEPTABLE EVIDENCE OF BIRTH, REQUIRED IN CONNECTION THEREWITH.

IN A MEMORANDUM FOR THIS OFFICE DATED DECEMBER 20, 1961, ON THE SAME SUBJECT, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE POINTED OUT THAT IN BOTH FRANCE AND THE UNITED KINGDOM, FOR EXAMPLE, A GOVERNMENT TAX AND AN EMBARKATION TAX IS COLLECTED FROM PASSENGERS DEPARTING FROM COMMERCIAL AIRPORTS; ALSO THAT THERE IS A TAX OR CHARGE LEVIED UPON PASSENGERS BOARDING OR DISEMBARKING FROM COMMERCIAL VESSELS IN FRENCH PORTS. IT WAS SAID THAT SOME OF THESE TAXES, FEES, AND CHARGES ARE STATED SEPARATELY ON THE TICKETS, WHILE OTHERS ARE EVIDENCED BY STAMPS ATTACHED THERETO, AND THAT PAYMENT OF SUCH CHARGES IS REQUIRED WHETHER THE TRAVELER IS A MEMBER OR A DEPENDENT. THE VIEW WAS EXPRESSED BY THE COMMITTEE THAT SUCH CHARGES ARE INCIDENT TO THE TRANSPORTATION OF DEPENDENTS FOR WHICH REIMBURSEMENT MAY BE AUTHORIZED TO THE MEMBER UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT, AS AMENDED.

IN DECISION OF AUGUST 22, 1935, 15 COMP. GEN. 151, IT WAS HELD THAT UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AUTHORIZING THE FURNISHING OF TRANSPORTATION IN KIND TO DEPENDENTS OF SERVICE PERSONNEL, AND SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, PROVIDING THAT " ACTUAL EXPENSES SHALL BE PAID FOR TRAVEL UNDER ORDERS OUTSIDE THE LIMITS OF THE UNITED STATES IN NORTH AMERICA," A TAX IMPOSED BY A FOREIGN GOVERNMENT ON TRANSPORTATION PURCHASED FOR MEMBERS AND DEPENDENTS COULD BE PAID AS A NECESSARY PART OF THE COST OF SUCH TRANSPORTATION. HOWEVER, UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 37 U.S.C. 112 (1946 USED.), PROVIDING FOR TRANSPORTATION IN KIND FOR DEPENDENTS OR PAYMENT OF AMOUNTS EQUAL TO THE COMMERCIAL COST OF SUCH TRANSPORTATION, IT WAS HELD THAT THE RIGHT TO THAT PAYMENT WAS NOT CONDITIONED UPON THE UTILIZATION OF COMMERCIAL TRANSPORTATION BUT WAS IN THE NATURE OF AN ALLOWANCE BASED SOLELY ON COMMERCIAL TRANSPORTATION COSTS AND THAT REIMBURSEMENT THEREFORE NECESSARILY WAS LIMITED TO THE COMMERCIAL COST OF TRANSPORTATION PURCHASED IN LIEU OF TRANSPORTATION IN KIND, EXCLUSIVE OF TRANSPORTATION TAX. SEE DECISION OF MARCH 24, 1945, 24 COMP. GEN. 696, 701. REIMBURSEMENT ON A MILEAGE BASIS IN LIEU OF TRANSPORTATION IN KIND FOR TRAVEL OF DEPENDENTS WAS AUTHORIZED BY THE ACT OF APRIL 27, 1946, 60 STAT. 126, 127, 37 U.S.C. 112D (1946 USED.).

SECTION 303 (C) OF THE CAREER COMPENSATION ACT, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND AT A RATE NOT IN EXCESS OF THE RATE PRESCRIBED IN SUBSECTION (A) OF THE SAME SECTION, 37 U.S.C. 253 (A). SUBSECTION (A), IN SIMILAR LANGUAGE, PROVIDES FOR TRANSPORTATION OR TRANSPORTATION ALLOWANCES FOR MEMBERS ON THE BASIS OF TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN LIEU OF COST OF TRANSPORTATION, WITH 7 CENTS PER MILE SET AS THE MAXIMUM RATE FOR SUCH ALLOWANCE. REPAYMENT FOR TRANSPORTATION EXPENSES OF DEPENDENTS, THEREFORE, UNLIKE THE CONDITION EXISTING UNDER PRIOR LEGISLATION, IS PROVIDED ON A REIMBURSEMENT RATHER THAN ALLOWANCE BASIS.

UNDER THE BROAD AUTHORITY OF SECTION 303 (C), THEREFORE, IT IS OUR VIEW THAT IT IS WITHIN THE POWER AND DISCRETION OF THE SECRETARIES TO PRESCRIBE REGULATIONS AUTHORIZING REIMBURSEMENT TO MEMBERS FOR EXPENSES OF TRAVEL OF THEIR DEPENDENTS ON THE BASIS OF THE SAME ELEMENTS OF COST AS ARE AUTHORIZED FOR THE MEMBERS THEMSELVES, AS REIMBURSABLE TRANSPORTATION EXPENSES, IN PART I, CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS PURSUANT TO SECTION 303 (A) OF THE ACT. WE WOULD NOT BE REQUIRED TO OBJECT TO CHANGES MADE IN THE JOINT TRAVEL REGULATIONS WITHIN THAT AUTHORITY.

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