A-42676, JUNE 9, 1932, 11 COMP. GEN. 471

A-42676: Jun 9, 1932

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IS CONFINED TO "NECESSARY TRAVEL ON OFFICIAL BUSINESS" OF A CIVILIAN OFFICER OR EMPLOYEE AND DOES NOT AUTHORIZE MILEAGE WHERE AN EMPLOYEE'S AUTOMOBILE IS USED FOR TRANSPORTATION OF HIS WIFE AND DEPENDENT MINOR CHILDREN WHEN NOT ACCOMPANIED BY THE EMPLOYEE. ZIMMERMAN WAS ORDERED TRANSFERRED FROM GLOUCESTER CITY. HIS TRANSFER EXPENSES WERE AUTHORIZED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL ORDER NO. 178. WHEN THE TRANSFER IS MADE IN THE INTERESTS OF THE GOVERNMENT. HE WAS INSTRUCTED TO REPORT THERE FOR DUTY ON APRIL 18. IT WAS IMPRACTICABLE FOR HIM IN THE SHORT TIME AVAILABLE TO DISPOSE OF HIS HOUSE AND ARRANGE TO HAVE HIS FAMILY ACCOMPANY HIM TO CHICAGO. THE DISTANCE FROM GLOUCESTER CITY TO CHICAGO IS 822 MILES.

A-42676, JUNE 9, 1932, 11 COMP. GEN. 471

TRANSPORTATION - DEPENDENTS OF IMMIGRANT INSPECTOR ON CHANGE OF STATION THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, IS CONFINED TO "NECESSARY TRAVEL ON OFFICIAL BUSINESS" OF A CIVILIAN OFFICER OR EMPLOYEE AND DOES NOT AUTHORIZE MILEAGE WHERE AN EMPLOYEE'S AUTOMOBILE IS USED FOR TRANSPORTATION OF HIS WIFE AND DEPENDENT MINOR CHILDREN WHEN NOT ACCOMPANIED BY THE EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, JUNE 9, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 25, 1932, 53400/211-A A AND P, AS FOLLOWS:

ON APRIL 11, 1932, IMMIGRANT INSPECTOR KARL I. ZIMMERMAN WAS ORDERED TRANSFERRED FROM GLOUCESTER CITY, N.J., TO CHICAGO, ILLINOIS, AND HIS TRANSFER EXPENSES WERE AUTHORIZED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL ORDER NO. 178, WHICH PROVIDES FOR THE TRANSFER OF THE WIVES AND DEPENDENT MINOR CHILDREN OF EMPLOYEES AND THE SHIPMENT OF THEIR HOUSEHOLD EFFECTS, NOT EXCEEDING FIVE THOUSAND POUNDS, AT GOVERNMENT EXPENSE, WHEN THE TRANSFER IS MADE IN THE INTERESTS OF THE GOVERNMENT.

AS THE INTERESTS OF THE SERVICE REQUIRED INSPECTOR ZIMMERMAN'S EARLY PRESENCE AT CHICAGO, HE WAS INSTRUCTED TO REPORT THERE FOR DUTY ON APRIL 18, 1932. AS INSPECTOR ZIMMERMAN OWNS A HOME IN NEW JERSEY AND HAS TWO CHILDREN, AGED 18 AND 13, ATTENDING SCHOOL, IT WAS IMPRACTICABLE FOR HIM IN THE SHORT TIME AVAILABLE TO DISPOSE OF HIS HOUSE AND ARRANGE TO HAVE HIS FAMILY ACCOMPANY HIM TO CHICAGO.

INSPECTOR ZIMMERMAN HAS REQUESTED AUTHORITY TO USE HIS PERSONALLY OWNED AUTOMOBILE IN TRANSFERRING HIS WIFE AND TWO CHILDREN TO CHICAGO, THE CAR TO BE DRIVEN BY HIS 18-YEAR-OLD SON. THE DISTANCE FROM GLOUCESTER CITY TO CHICAGO IS 822 MILES, AND AT 7 CENTS PER MILE THE TOTAL COST TO THE GOVERNMENT WOULD BE $57.54. THE RAILROAD FARE FROM GLOUCESTER CITY TO CHICAGO, PLUS PULLMAN, IS $37.91 PER PERSON, WHICH WOULD MAKE A TOTAL OF $113.73 FOR INSPECTOR ZIMMERMAN'S WIFE AND TWO CHILDREN.

IN VIEW OF THE LANGUAGE OF THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, WHICH PROVIDES THAT "A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY MAY BE PAID * * * NOT TO EXCEED * * * 7 CENTS PER MILE FOR THE USE OF HIS OWN AUTOMOBILE FOR SUCH TRANSPORTATION * * *," A QUESTION HAS ARISEN AS TO WHETHER INSPECTOR ZIMMERMAN MAY PROPERLY BE AUTHORIZED TO TRANSFER HIS FAMILY BY AUTOMOBILE IN VIEW OF THE FACT THAT HE WILL NOT ACCOMPANY THEM.

INSPECTOR ZIMMERMAN DESIRES TO HAVE HIS FAMILY JOIN HIM IN CHICAGO ABOUT THE MIDDLE OF JUNE, AND YOUR EARLY DECISION IS REQUESTED AS TO WHETHER THE DEPARTMENT MAY AUTHORIZE THE USE OF HIS PERSONALLY OWNED AUTOMOBILE IN TRANSFERRING HIS FAMILY TO HIS NEW OFFICIAL STATION, IT HAVING BEEN DETERMINED THAT SUCH MODE OF TRAVEL WOULD BE MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT.

THE ACT OF FEBRUARY 21, 1931, 46 STAT. 1205, PROVIDES THAT WHEN INSPECTORS OR OTHER EMPLOYEES OF THE IMMIGRATION SERVICE AND OFFICERS AND EMPLOYEES OF THE NATURALIZATION BUREAU AND NATURALIZATION SERVICE ARE ORDERED TO PERFORM DUTY IN A FOREIGN COUNTRY OR TRANSFERRED FROM ONE STATION TO ANOTHER, IN THE UNITED STATES OR IN A FOREIGN COUNTRY, "THEY SHALL BE ALLOWED THEIR TRAVELING EXPENSES IN ACCORDANCE WITH SUCH REGULATIONS AS THE SECRETARY OF LABOR MAY DEEM ADVISABLE, AND THEY MAY ALSO BE ALLOWED, WITHIN THE DISCRETION AND UNDER WRITTEN ORDERS OF THE SECRETARY OF LABOR, THE EXPENSES INCURRED FOR THE TRANSFER OF THEIR WIVES, AND DEPENDENT MINOR CHILDREN.'

PARAGRAPHS 4 AND 10 OF GENERAL ORDER NO. 178, DATED SEPTEMBER 5, 1931, ISSUED PURSUANT TO THE ACT OF FEBRUARY 21, 1931, REFERRED TO ABOVE, PROVIDE AS FOLLOWS:

4. ACTUAL SUBSISTENCE EXPENSES, AS DEFINED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WILL BE ALLOWED THE WIVES AND DEPENDENT MINOR CHILDREN OF EMPLOYEES, NOT EXCEEDING $6 PER DAY EACH, WHILE TRAVELING WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, CANADA, NEWFOUNDLAND, AND MEXICO, AND AN AVERAGE OF NOT TO EXCEED $7 PER DAY EACH WHILE TRAVELING ELSEWHERE.

10. WHEN SPECIFICALLY AUTHORIZED BY THE DEPARTMENT, THE USE OF A PERSONALLY OWNED AUTOMOBILE IN TRANSPORTING AN EMPLOYEE AND/OR HIS FAMILY, TO HIS NEW POST OF DUTY WILL BE ALLOWED, AND THE TRAVELER WILL BE REIMBURSED FOR SUCH TRANSPORTATION AT THE RATE OF 7 CENTS PER MILE, PROVIDED THE EMPLOYEE IS NOT ACCOMPANIED BY ANY PERSON WHO IS NOT ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE: * * *.

THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, PERMITS THE PAYMENT OF MILEAGE FOR THE USE OF PRIVATELY OWNED AUTOMOBILE TO "A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY * * * IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION.' THE PAYMENT OF MILEAGE IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION IS A COMMUTATION OF SUCH EXPENSE, AND MAY ONLY BE ALLOWED IN THE CASES COMING SPECIFICALLY WITHIN THE STATUTE.

THE ACT OF FEBRUARY 14, 1931, IS CONFINED TO "NECESSARY TRAVEL ON OFFICIAL BUSINESS" OF A CIVILIAN OFFICER OR EMPLOYEES AND CAN NOT BE EXTENDED TO THE FAMILY OF THE EMPLOYEE EXCEPT WHERE THE FAMILY ACCOMPANIES THE EMPLOYEE.

THE ACT OF FEBRUARY 21, 1931, DOES NOT ALLOW MILEAGE BUT PROVIDES FOR ALLOWANCE OF EXPENSES INCURRED FOR THE TRANSFER OF WIVES AND DEPENDENT MINOR CHILDREN. IT WOULD APPEAR THEREFORE THAT THERE IS NO AUTHORITY FOR THE PROVISION IN THE REGULATIONS PURPORTING TO MAKE THE PROVISIONS OF THE ACT OF FEBRUARY 14, 1931, APPLY TO THE FAMILY OF AN EMPLOYEE OF THE NATURALIZATION BUREAU AND NATURALIZATION SERVICE, AND TO THAT EXTENT SAID PARAGRAPH OF THE REGULATIONS IS WITHOUT EFFECT AND SHOULD BE REVISED ACCORDINGLY.

HOWEVER, SINCE ON CHANGE OF STATION TRANSPORTATION OF THE WIVES AND DEPENDENT MINOR CHILDREN OF OFFICERS AND EMPLOYEES OF THE NATURALIZATION BUREAU AND NATURALIZATION SERVICE IS AUTHORIZED BY THE ACT OF FEBRUARY 21, 1931, THE ACTUAL EXPENSE OF TRANSPORTING THE WIFE AND TWO DEPENDENT MINOR CHILDREN OF THE EMPLOYEE, IN HIS PERSONALLY OWNED AUTOMOBILE AS PROPOSED, IS AUTHORIZED SO LONG AS SUCH EXPENSE DOES NOT EXCEED THE COST BY COMMON CARRIER BY THE USUALLY TRAVELED ROUTE. SEE PARAGRAPH 12 OF REIMBURSED WHEN USING AUTOMOBILE ON ACTUAL EXPENSE BASIS.