A-61812, SEPTEMBER 19, 1935, 15 COMP. GEN. 222

A-61812: Sep 19, 1935

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ARE AVAILABLE FOR REIMBURSEMENT UPON AN ACTUAL EXPENSE BASIS FOR THE USE OF EMPLOYEES' AUTOMOBILES UPON OFFICIAL BUSINESS WITHIN THE LIMITS OF THEIR OFFICIAL STATIONS. IN CONNECTION WITH WHICH THE PERSONALLY OWNED AUTOMOBILES ARE USED. ARE CHARGEABLE TO SAID APPROPRIATION. THE EMPLOYEES PERFORMING SUCH TRAVEL ARE ENGAGED ON WORK THUS AUTHORIZED TO BE CONTINUED AND THE PRESIDENT AUTHORIZES THE USE OF SAID FUNDS FOR SUCH EXPENDITURES. ATTENTION IS INVITED TO THE FOLLOWING STATEMENT IN SAID REPORT. CIVILIAN INSPECTORS WERE WILLING TO USE THEIR PRIVATE CARS FOR OFFICIAL GOVERNMENT BUSINESS IN THIS EMERGENCY. ALTHOUGH THERE WAS LITTLE PROSPECT OF REIMBURSEMENT FOR OPERATING EXPENSES.'. IF THE APPROPRIATION INVOLVED IS AVAILABLE FOR MAINTENANCE AND OPERATION OF PASSENGER-CARRYING VEHICLES.

A-61812, SEPTEMBER 19, 1935, 15 COMP. GEN. 222

USE OF PERSONALLY OWNED AUTOMOBILES WITHIN LIMITS OF OFFICIAL STATION THE APPROPRIATION "MAINTENANCE, BUREAU OF YARDS AND DOCKS," PROVIDED BY THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR 1935, 48 STAT. 416, AND FUNDS MADE AVAILABLE FOR EXPENDITURE UNTIL JUNE 30, 1937, BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, 49 STAT. 115, IN CONNECTION WITH THE CONTINUATION OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS, ARE AVAILABLE FOR REIMBURSEMENT UPON AN ACTUAL EXPENSE BASIS FOR THE USE OF EMPLOYEES' AUTOMOBILES UPON OFFICIAL BUSINESS WITHIN THE LIMITS OF THEIR OFFICIAL STATIONS, IF, IN THE CASE OF THE FORMER APPROPRIATION, THE EXPENSES OF THE PROJECT OR ACTIVITY, IN CONNECTION WITH WHICH THE PERSONALLY OWNED AUTOMOBILES ARE USED, ARE CHARGEABLE TO SAID APPROPRIATION, AND, IF, IN THE CASE OF THE LATTER FUNDS, THE EMPLOYEES PERFORMING SUCH TRAVEL ARE ENGAGED ON WORK THUS AUTHORIZED TO BE CONTINUED AND THE PRESIDENT AUTHORIZES THE USE OF SAID FUNDS FOR SUCH EXPENDITURES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 19, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 2, 1935, AS FOLLOWS:

A REPORT BY THE INSPECTOR OF NAVAL MATERIAL AT SAN FRANCISCO, CALIFORNIA, OF SEPTEMBER 12, 1934 (COPY HEREWITH) SETS FORTH THE DIFFICULTIES ENCOUNTERED DURING THE MARITIME STRIKE IN THE SAN FRANCISCO AREA THAT BEGAN ON MAY 9 AND TERMINATED ON JULY 19, 1934, WITH PARTICULAR REFERENCE TO THE LACK OF TRANSPORTATION FACILITIES. ATTENTION IS INVITED TO THE FOLLOWING STATEMENT IN SAID REPORT, VIZ:

"THE INSPECTOR MADE EFFECTIVE THE USE OF PRIVATE AUTOMOBILES OF THE INSPECTION FORCE FOR TRAVEL IN CONNECTION WITH CARRYING OUT OFFICIAL DUTIES, AND RETURNING TO AND FROM DISTRICT HEADQUARTERS. CIVILIAN INSPECTORS WERE WILLING TO USE THEIR PRIVATE CARS FOR OFFICIAL GOVERNMENT BUSINESS IN THIS EMERGENCY, ALTHOUGH THERE WAS LITTLE PROSPECT OF REIMBURSEMENT FOR OPERATING EXPENSES.'

THE INSPECTOR SUGGESTED THAT "PROVISION BE MADE, IN ANTICIPATION OF FUTURE EMERGENCIES OF THIS NATURE, FOR REIMBURSEMENT OF GOVERNMENT EMPLOYEES FOR TRAVEL WITHIN CORPORATE CITY LIMITS BY PRIVATELY OWNED AUTOMOBILE.'

IN YOUR DECISION OF SEPTEMBER 18, 1933 (13 COMP. GEN. 82) YOU HELD THAT--

"REIMBURSEMENT MAY BE MADE UPON AN ACTUAL EXPENSE BASIS FOR ALL ITEMS OF EXPENSE DIRECTLY TRACEABLE TO THE USE OF AN EMPLOYEE'S AUTOMOBILE UPON OFFICIAL BUSINESS SUCH AS GASOLINE AND OIL EVEN WITHIN THE LIMITS OF HIS OFFICIAL STATION, IF THE APPROPRIATION INVOLVED IS AVAILABLE FOR MAINTENANCE AND OPERATION OF PASSENGER-CARRYING VEHICLES, BUT NOT OTHERWISE.'

THE NAVAL APPROPRIATION ACT FOR THE CURRENT FISCAL YEAR, APPROVED MARCH 15, 1934 (48 STAT. 403 (416) ( MAKES PROVISION UNDER THE TITLE "MAINTENANCE, BUREAU OF YARDS AND DOCKS" FOR "THE MAINTENANCE, REPAIR, AND OPERATION OF PASSENGER-CARRYING VEHICLES FOR THE NAVY DEPARTMENT (NOT TO EXCEED TEN IN NUMBER) AND THE NAVAL ESTABLISHMENT NOT OTHERWISE PROVIDED FOR; * * * PROVIDED, THAT EXPENDITURES FROM APPROPRIATIONS CONTAINED IN THIS ACT FOR THE MAINTENANCE, OPERATION, AND REPAIR OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES, INCLUDING THE COMPENSATION OF CIVILIAN CHAUFFEURS AND THE COMPENSATION OF ANY GREATER NUMBER THAN NINETY ENLISTED MEN DETAILED TO SUCH DUTY, SHALL NOT EXCEED IN THE AGGREGATE $70,000, EXCLUSIVE OF SUCH VEHICLES OWNED AND OPERATED BY THE MARINE CORPS IN CONNECTION WITH EXPEDITIONARY DUTY WITHOUT THE CONTINENTAL LIMITS OF THE UNITED STATES AND MOTORCYCLES.'

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THE ABOVE-QUOTED APPROPRIATION IS AVAILABLE FOR REIMBURSEMENT OF CIVILIAN EMPLOYEES FOR THE ACTUAL EXPENSES OF GASOLINE AND OIL IN THE USE OF THEIR PRIVATELY OWNED AUTOMOBILES FOR OFFICIAL PURPOSES UNDER THE CIRCUMSTANCES DESCRIBED BY THE INSPECTOR OF NAVAL MATERIAL IN HIS REPORT, ABOVE MENTIONED, PROVIDED SUFFICIENT FUNDS ARE AVAILABLE IN THE SAID APPROPRIATION FOR THIS PURPOSE, AND THAT THE LIMITATION IMPOSED BY THE ACT FOR EXPENDITURES OF THIS CHARACTER IS NOT EXCEEDED.

THE COMMANDANT OF THE FOURTEENTH NAVAL DISTRICT AT PEARL HARBOR, HAWAII, REPORTS THAT IN HIS DISTRICT THE DISTRICT COMMUNICATION OFFICER, THE RADIO MATERIAL OFFICER, PERSONNEL OF THE DISTRICT COMMUNICATION OFFICE, AND PERSONNEL OF THE OFFICE OF THE RADIO MATERIAL OFFICER ARE FREQUENTLY REQUIRED, IN THE NORMAL EXECUTION OF THEIR WORK, TO TRAVEL THE LONG DISTANCES THAT EXIST BETWEEN THE VARIOUS ACTIVITIES OF THAT DISTRICT. FOR THIS TRAVEL THE ONLY AVAILABLE MEANS OF TRANSPORTATION, ASIDE FROM TRUCKS, IS ONE PASSENGER CAR ASSIGNED TO THE DISTRICT COMMUNICATION OFFICER FOR USE DURING THE CONTINUANCE OF NATIONAL RECOVERY ADMINISTRATION WORK AT LUALUALEI. THE TRUCKS AT CERTAIN TIMES OF EMERGENCY ARE OTHERWISE EMPLOYED AND ARE NOT AVAILABLE. AT OTHER TIMES IT IS A DISTINCT SAVING TO THE GOVERNMENT TO USE A LIGHT PASSENGER CAR FOR THE TRIP RATHER THAN A TRUCK TO CARRY ONE OR TWO PASSENGERS AS THE USE OF A TRUCK INVOLVES THE SERVICES OF A CHAUFFEUR AT AN ADDITIONAL EXPENSE.

AS IT IS NOT ALWAYS PRACTICABLE TO SECURE TRAVEL ORDERS AT THE TIME THE TRAVEL IS REQUIRED, AND AS IN SOME CASES IT IS DESIRABLE TO HAVE THE TRAVEL START AT THE BEGINNING OF A DAY FROM THE CITY OF HONOLULU INSTEAD OF HAVING THE OFFICER OR CIVILIAN PERSONNEL FIRST COME TO THE NAVY YARD, PEARL HARBOR, THEN RETURN A CONSIDERABLE PART OF THAT DISTANCE, OR IN THE CASE OF WAILUPE AND HEEIA RETURN THE ENTIRE DISTANCE, THE COMMANDANT REPORTS THAT MUCH TIME OF OFFICERS AND EMPLOYEES COULD BE SAVED, AND IN ADDITION A CONSIDERABLE SAVING IN THE COST OF TRAVEL COULD BE MADE IF SUCH TRAVEL WERE PERFORMED IN PRIVATELY OWNED VEHICLES, AND RECOMMENDS THAT THE USE OF SUCH VEHICLES BE AUTHORIZED WHEN A SAVING TO THE GOVERNMENT WILL RESULT THEREFROM, SUCH TRAVEL TO BE STRICTLY AND OFFICIALLY SUPERVISED.

IN FORWARDING SUCH RECOMMENDATION, THE BUREAU OF ENGINEERING REPORTS THAT PRIOR TO UNDERTAKING THE ESTABLISHMENT OF THE NEW HIGH-POWER RADIO STATION AT LUALUALEI, FREQUENT TRAVEL BY THE DISTRICT COMMUNICATION OFFICER AND THE RADIO MATERIAL OFFICER AND THE PERSONNEL OF THESE TWO OFFICES WAS REQUIRED, INVOLVING THE FOLLOWING DISTANCES:

BETWEEN PEARL HARBOR AND HONOLULU, 6 MILES.

BETWEEN PEARL HARBOR AND WAILUPE, 15 MILES.

BETWEEN WAILUPE AND HONOLULU, 9 MILES.

BETWEEN WAILUPE AND PEARL HARBOR, 15 MILES.

BETWEEN WAILUPE AND HEEIA, 19 MILES.

THE LUALUALEI HIGH POWER RADIO TRANSMITTING STATION IS NOW BEING CONSTRUCTED. WHEN COMPLETED, THE RADIO TRANSMITTING EQUIPMENT NOW INSTALLED AT THE PEARL HARBOR HIGH POWER RADIO TRANSMITTING STATION WILL BE TRANSFERRED TO LUALUALEI AND INSTALLED, TOGETHER WITH ADDITIONAL RADIO EQUIPMENT BEING PURCHASED. FOR THE WORK UNDER WAY AND CONTEMPLATED AT LUALUALEI, CONTRACTS HAVE BEEN AWARDED, INCLUDING BUILDINGS AND SERVICES, ANTENNA SUPPORTS, ANTENNA SYSTEMS, RADIO EQUIPMENT, C., INVOLVING EXPENDITURES IN EXCESS OF $1,000,000.

THIS WORK INVOLVES FREQUENT TRAVEL BY THE DISTRICT COMMUNICATION OFFICER AND THE RADIO MATERIAL OFFICER AND THE PERSONNEL OF THESE TWO OFFICES IN ADDITION TO THE NORMAL TRAVEL OUTLINED AS FOLLOWS:

BETWEEN PEARL HARBOR AND LUALUALEI, 25 MILES.

BETWEEN WAILUPE AND LUALUALEI, 40 MILES.

FOR TRAVEL OUTSIDE THE CONFINES OR CORPORATE LIMITS OF THE EMPLOYEES' OFFICIAL DUTY STATION, TRAVEL ORDERS MAY BE ISSUED TO THE CIVILIAN EMPLOYEES AUTHORIZING THE USE OF THEIR PRIVATELY OWNED AUTOMOBILES UNDER THE PROVISIONS AND SUBJECT TO THE LIMITATIONS CONTAINED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EITHER ON AN ACTUAL EXPENSE BASIS OR ON A MILEAGE BASIS. IN SIMILAR INSTANCES OFFICERS MAY BE ISSUED ORDERS AUTHORIZING THE USE OF PRIVATELY OWNED AUTOMOBILES AND REIMBURSEMENT IN ACCORDANCE WITH PARAGRAPH 2-30 (6) OF THE NAVY TRAVEL INSTRUCTIONS.

TO REIMBURSE CIVILIAN EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED AUTOMOBILES WITHIN THE CORPORATE LIMITS OF THEIR OFFICIAL DUTY STATION ON AN ACTUAL EXPENSE BASIS (GASOLINE AND OIL) IT IS NECESSARY THAT THE APPLICABLE APPROPRIATION BE AVAILABLE FOR THE MAINTENANCE AND OPERATION OF PASSENGER-CARRYING VEHICLES AS SET FORTH IN YOUR DECISION OF SEPTEMBER 18, 1933, SUPRA. THE ONLY APPROPRIATION IN THE CURRENT NAVAL APPROPRIATION ACT CONTAINING SUCH AUTHORIZATION IS THAT FOUND UNDER THE TITLE "MAINTENANCE, BUREAU OF YARDS AND DOCKS," ABOVE QUOTED, AND YOUR DECISION IS REQUESTED AS TO THE AVAILABILITY OF SUCH APPROPRIATION FOR EXPENSES OF THE KIND DESCRIBED, PROVIDED THE LIMITATION IMPOSED IN THE ACT IS NOT EXCEEDED, AND SUFFICIENT FUNDS ARE AVAILABLE.

ATTENTION IS INVITED TO THE FACT THAT CERTAIN OF THE PROJECTS INVOLVING TRAVEL IN THE FOURTEENTH NAVAL DISTRICT ARE BEING CONSTRUCTED UNDER APPROPRIATIONS PROVIDED FOR CARRYING INTO EFFECT THE PURPOSES OF THE NATIONAL INDUSTRIAL RECOVERY ACT. SECTION 203 (B) OF THE LAST-MENTIONED ACT, APPROVED JUNE 16, 1933 (48 STAT. 195-202) REQUIRES THAT---

"ALL EXPENDITURES FOR AUTHORIZED TRAVEL BY OFFICERS AND EMPLOYEES, INCLUDING SUBSISTENCE REQUIRED ON ACCOUNT OF ANY FEDERAL PUBLIC WORKS PROJECTS, SHALL BE CHARGED TO THE AMOUNTS ALLOCATED TO SUCH PROJECTS, NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW.'

IN YOUR DECISION OF DECEMBER 22, 1933 (13 COMP. GEN. 178) YOU HELD THAT AS NEITHER TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT NOR THE APPROPRIATION MADE FOR CARRYING THAT ACT INTO EFFECT CONTAINS SPECIFIC AUTHORITY FOR THE PURCHASE, OPERATION, OR MAINTENANCE OF PASSENGER- CARRYING VEHICLES THERE DID NOT APPEAR TO BE ANY AUTHORITY TO REIMBURSE OFFICERS OR EMPLOYEES OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS FOR THE USE OF PERSONALLY OWNED AUTOMOBILES WITHIN THE LIMITS OF THEIR DESIGNATED POSTS OF DUTY OR OFFICIAL STATIONS. PRESUMABLY THIS RULING IS APPLICABLE TO ALL EXPENDITURES FOR TRAVEL UNDER SECTION 203 (B) OF THE ACT OF JUNE 16, 1933, ABOVE QUOTED.

THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 (PUBLIC RESOLUTION NO. 11, 74TH CONGRESS) APPROVED APRIL 8, 1935, PROVIDES UNDER SECTION 12 FOR THE CONTINUANCE OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS ESTABLISHED UNDER TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT UNTIL JUNE 30, 1937, AND SAID ADMINISTRATION IS AUTHORIZED TO PERFORM SUCH OF ITS FUNCTIONS UNDER THAT ACT AND UNDER THE JOINT RESOLUTION AS MAY BE AUTHORIZED BY THE PRESIDENT. SAID SECTION MAKES AVAILABLE UNTIL JUNE 30, 1937, ALL SUMS APPROPRIATED TO CARRY OUT THE PURPOSES OF THAT ACT.

SECTION 3 OF THE JOINT RESOLUTION PROVIDES THAT IN CARRYING OUT ITS PROVISIONS, THE PRESIDENT MAY AUTHORIZE EXPENDITURES FOR "TRAVEL EXPENSES AND * * * PURCHASE, OPERATION, AND MAINTENANCE OF MOTOR PROPELLED PASSENGER-CARRYING VEHICLES * * *.'

DOES THIS SECTION CONFER AUTHORITY TO REIMBURSE OFFICERS OR EMPLOYEES OF THE NAVAL ESTABLISHMENT FOR THE USE OF PERSONALLY OWNED AUTOMOBILES WITHIN THE LIMITS OF THEIR DESIGNATED POSTS OF DUTY OR OFFICIAL STATIONS WHEN SUCH EMPLOYEES ARE ENGAGED ON WORK WITHIN THE PURVIEW OF SECTION 12 OF THE JOINT RESOLUTION PROVIDED, OF COURSE, THE PRESIDENT UNDER SECTION 3 THEREOF, AUTHORIZES EXPENDITURES FOR THE PURCHASE, OPERATION, AND MAINTENANCE OF MOTOR-PROPELLED PASSENGER CARRYING VEHICLES?

THE APPROPRIATION FOR MAINTENANCE OF BUREAU OF YARDS AND DOCKS, 1935, 48 STAT. 416, PROVIDES:

FOR THE LABOR, MATERIALS, AND SUPPLIES NECESSARY, AS DETERMINED BY THE SECRETARY OF THE NAVY, FOR THE GENERAL MAINTENANCE OF THE ACTIVITIES AND PROPERTIES NOW OR HEREAFTER UNDER THE COGNIZANCE OF THE BUREAU OF YARDS AND DOCKS, INCLUDING ACCIDENT PREVENTION; THE MAINTENANCE, REPAIR, AND OPERATION OF PASSENGER-CARRYING VEHICLES FOR THE NAVY DEPARTMENT (NOT TO EXCEED TEN IN NUMBER) AND THE NAVAL ESTABLISHMENT NOT OTHERWISE PROVIDED FOR; * * * PROVIDED, THAT EXPENDITURES FROM APPROPRIATIONS CONTAINED IN THIS ACT FOR THE MAINTENANCE, OPERATION, AND REPAIR OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES, INCLUDING THE COMPENSATION OF CIVILIAN CHAUFFEURS AND THE COMPENSATION OF ANY GREATER NUMBER THAN NINETY ENLISTED MEN DETAILED TO SUCH DUTY, SHALL NOT EXCEED IN THE AGGREGATE $70,000, EXCLUSIVE OF SUCH VEHICLES OWNED AND OPERATED BY THE MARINE CORPS IN CONNECTION WITH EXPEDITIONARY DUTY WITHOUT THE CONTINENTAL LIMITS OF THE UNITED STATES AND MOTOR CYCLES, AND ON ANY ONE VEHICLE SHALL NOT EXCEED FOR MAINTENANCE, UPKEEP, AND REPAIR, EXCLUSIVE OF GARAGE RENT, PAY OF OPERATORS, TIRES, FUEL, AND LUBRICANTS, ONE-THIRD OF THE MARKET PRICE OF A NEW VEHICLE OF THE SAME MAKE OR CLASS, AND IN ANY CASE NOT MORE THAN $500.

SECTION 2 OF THE SAME ACT, 48 STAT. 425, PROVIDES:

NO PART OF ANY MONEY APPROPRIATED BY THIS ACT SHALL BE USED FOR MAINTAINING, DRIVING, OR OPERATING ANY GOVERNMENT-OWNED MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE NOT USED EXCLUSIVELY FOR OFFICIAL PURPOSES; AND "OFFICIAL PURPOSES" SHALL NOT INCLUDE THE TRANSPORTATION OF OFFICERS AND EMPLOYEES BETWEEN THEIR DOMICILES AND PLACES OF EMPLOYMENT EXCEPT IN CASES OF MEDICAL OFFICERS ON OUT-PATIENT MEDICAL SERVICE AND EXCEPT IN CASES OF OFFICERS AND EMPLOYEES ENGAGED IN FIELD WORK THE CHARACTER OF WHOSE DUTIES MAKES SUCH TRANSPORTATION NECESSARY AND THEN ONLY AS TO SUCH LATTER CASES WHEN THE SAME IS APPROVED BY THE HEAD OF THE DEPARTMENT. THIS SECTION SHALL NOT APPLY TO ANY MOTOR VEHICLE FOR OFFICIAL USE OF THE SECRETARY OF THE NAVY, AND NO OTHER PERSONS CONNECTED WITH THE NAVY DEPARTMENT OR THE NAVAL SERVICE, EXCEPT THE COMMANDER IN CHIEF OF THE UNITED STATES ASIATIC FLEET, MARINE CORPS OFFICERS SERVING WITH EXPEDITIONARY FORCES IN FOREIGN COUNTRIES, AND MEDICAL OFFICERS ON OUT-PATIENT MEDICAL SERVICE, SHALL HAVE A GOVERNMENT-OWNED MOTOR VEHICLE ASSIGNED FOR THEIR EXCLUSIVE USE.

THE CONGRESS IN ENACTING THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, WHICH PROVIDES FOR THE PAYMENT OF MILEAGE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE AWAY FROM A CIVILIAN EMPLOYEE'S HEADQUARTERS, GAVE CONSIDERATION TO THE INCLUSION THEREIN OF LANGUAGE PROVIDING MILEAGE ALSO FOR THE USE OF PRIVATELY OWNED AUTOMOBILES UPON A MILEAGE BASIS AT THE EMPLOYEE'S POST OF DUTY, BUT SUCH LANGUAGE WAS OMITTED FROM THE ACT AS FINALLY APPROVED. SEE 11 COMP. GEN. 67, 69, AND 12 COMP. GEN. 423, 425, WHERE THE MATTER IS DISCUSSED. IN VIEW OF THE INHIBITION IN SECTION 5 OF THE ACT OF JULY 16, 1914, 38 STAT. 508, THERE CAN BE NO REIMBURSEMENT TO AN OFFICER OR EMPLOYEE OF EXPENSES OF USE OF HIS PERSONALLY OWNED AUTOMOBILE AT HEADQUARTERS UNLESS THE APPROPRIATION INVOLVED SPECIFICALLY PROVIDES FOR MAINTENANCE AND OPERATION OF PASSENGER-CARRYING VEHICLES, BUT IF THE APPROPRIATION DOES SO PROVIDE AND THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED DIRECTS THE OFFICER OR EMPLOYEE TO USE HIS AUTOMOBILE IN THE PERFORMANCE OF OFFICIAL BUSINESS AT HIS HEADQUARTERS ON THE BASIS OF BEING REIMBURSED THE ACTUAL EXPENSES OF OPERATION, THERE IS NO LEGAL OBJECTION TO SUCH REIMBURSEMENT. IT IS TRUE IT MAY BE DIFFICULT, IF NOT IMPOSSIBLE, IN SOME INSTANCES, FOR THE OFFICER OR EMPLOYEE TO ESTABLISH SATISFACTORILY THE AMOUNT OF THE ACTUAL EXPENSE OF OPERATION ON OFFICIAL BUSINESS, BECAUSE OF THE IMPRACTICABILITY OF SEPARATING THE EXPENSE DUE TO OFFICIAL USE FROM THE EXPENSE DUE TO PRIVATE USE, BUT WHEN THE AMOUNT OF SUCH EXPENSES OF OPERATION CAN BE DEFINITELY ESTABLISHED, AND THE APPROPRIATION INVOLVED IS AVAILABLE FOR MAINTENANCE AND OPERATION OF PASSENGER-CARRYING VEHICLES, IT CANNOT BE SAID, AS A MATTER OF LAW, THAT SUCH EXPENSES ARE NOT REIMBURSABLE.

ACCORDINGLY, YOUR THREE QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE SUBJECT TO THE CONDITIONS STATED IN YOUR SUBMISSION AND SUBJECT TO THE FURTHER CONDITION WITH RESPECT TO QUESTIONS 1 AND 2 THAT THE EXPENSES OF THE PROJECT OR ACTIVITY IN CONNECTION WITH WHICH THE PERSONALLY OWNED AUTOMOBILES ARE TO BE USED ARE ALSO CHARGEABLE TO THE APPROPRIATION "MAINTENANCE, BUREAU OF YARDS AND DOCKS.' (11 COMP. GEN. 91; ID. 271; 12 ID. 96; ID. 339; 13 ID. 82.) IT WOULD NOT BE PERMISSIBLE TO CHARGE THIS APPROPRIATION FOR THE ACTUAL EXPENSES OF OPERATING AN EMPLOYEE'S OWN AUTOMOBILE IF SUCH USE WAS INCIDENTAL TO A PROJECT OR ACTIVITY CHARGEABLE TO SOME OTHER APPROPRIATION.