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B-126978, MAY 17, 1956

B-126978 May 17, 1956
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PRECIS-UNAVAILABLE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER OF FEBRUARY 8. IF SUCH PAYMENTS ARE NOT AUTHORIZED UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949. ADVICE IS REQUESTED WHETHER SECTION 2(M) OF PUBLIC LAW 766. WAS BASED ON THE STATUTES AND REGULATIONS GOVERNING OFFICIAL TRAVEL OF CIVILIAN PERSONNEL WHICH DIFFER IN SOME RESPECTS FROM THOSE APPLICABLE TO MILITARY PERSONNEL. IT WAS POINTED OUT WITH RESPECT TO SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949. ARE INTENDED AS A COMMUTATION OF ALL TRANSPORTATION EXPENSES. IT WAS HELD THAT ACTUAL EXPENSES FOR SUCH ITEMS AS ROAD AND BRIDGE TOLLS. ARE NOT PROPERLY PAYABLE IN ADDITION TO MILEAGE. THESE DECISIONS HAVE EQUAL APPLICATION IN THE PRESENT SITUATION.

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B-126978, MAY 17, 1956

PRECIS-UNAVAILABLE

SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF FEBRUARY 8, 1956, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE (MANPOWER AND PERSONNEL) CITING 31 COMP. GEN. 424, AND REQUESTING TO BE ADVISED WHETHER WE WOULD BE REQUIRED TO OBJECT TO AN AMENDMENT TO THE REGULATIONS ISSUED UNDER SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WHICH WOULD AUTHORIZE PAYMENT OF A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE, PLUS PARKING FEES, IF THE TOTAL AMOUNT PAID DOES NOT EXCEED THE USUAL TAXI FEES ALLOWED UNDER PARAGRAPH 4400-2 OF THE JOINT TRAVEL REGULATIONS, FROM PLACES OF ABODE OR BUSINESS TO PUBLIC CARRIER TERMINALS, AND RETURN. FURTHER, IF SUCH PAYMENTS ARE NOT AUTHORIZED UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, ADVICE IS REQUESTED WHETHER SECTION 2(M) OF PUBLIC LAW 766, 68 STAT. 1129, WOULD SERVE AS A PROPER BASIS FOR REIMBURSING SUCH EXPENSES.

THE DECISION OF FEBRUARY 26, 1952, B-107504, PUBLISHED IN 31 COMP. GEN. 424, CONCERNING A CIVILIAN EMPLOYEE OF THAT DEPARTMENT, WAS BASED ON THE STATUTES AND REGULATIONS GOVERNING OFFICIAL TRAVEL OF CIVILIAN PERSONNEL WHICH DIFFER IN SOME RESPECTS FROM THOSE APPLICABLE TO MILITARY PERSONNEL. IN RECENT DECISIONS, 34 COMP. GEN. 530; ID 531, IT WAS POINTED OUT WITH RESPECT TO SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, THAT MILEAGE ALLOWANCES AUTHORIZED BY STATUTE IN LIEU OF TRANSPORTATION COSTS OR EXPENSES, UNLESS OTHERWISE QUALIFIED, ARE INTENDED AS A COMMUTATION OF ALL TRANSPORTATION EXPENSES. CONSEQUENTLY, IT WAS HELD THAT ACTUAL EXPENSES FOR SUCH ITEMS AS ROAD AND BRIDGE TOLLS, FERRY FARES AND THE LIKE, ARE NOT PROPERLY PAYABLE IN ADDITION TO MILEAGE. THESE DECISIONS HAVE EQUAL APPLICATION IN THE PRESENT SITUATION. SECTION 2(M) OF PUBLIC LAW 766, THE LANGUAGE OF WHICH IS SIMILAR TO THAT APPEARING IN SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, APPLICABLE IN CASES OF CIVILIAN OFFICERS AND EMPLOYEES, EXPRESSLY ENUMERATES THE ITEMS THAT ACTUAL EXPENSE OF WHICH MAY BE PAID IN ADDITION TO MILEAGE. PARKING FEES ARE NOT INCLUDED AMONG THESE ITEMS. IT FOLLOWS THAT, WHILE THERE WOULD APPEAR TO BE NO OBJECTION TO THE PAYMENT OF A MONETARY ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE IN THE SITUATION PRESENTED IN THE ASSISTANT SECRETARY'S LETTER, THERE IS NO STATUTORY AUTHORITY FOR THE PAYMENT OF PARKING FEES IN ADDITION TO SUCH ALLOWANCE. 32 COMP. GEN. 74; ID 139; B-126453, FEBRUARY 13, 1956.

YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.

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