A-97207, SEPTEMBER 22, 1938, 18 COMP. GEN. 249

A-97207: Sep 22, 1938

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SUCH AS WOULD HAVE REQUIRED THE USE OF PULLMAN ACCOMMODATIONS. PULLMAN FARES ARE PROPERLY FOR CONSIDERATION IN ESTIMATING THE COMPARATIVE COST FOR THE PURPOSE OF DETERMINING THE ECONOMY AND ADVANTAGE TO THE UNITED STATES OF THE TRANSPORTATION BY AUTOMOBILE ON A REIMBURSABLE MILEAGE RATE BASIS UNDER GENERAL ADMINISTRATIVE AUTHORITY FOR SUCH TRANSPORTATION WHERE MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT. IS AS FOLLOWS: THE RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 6. REQUESTING ADVICE AS TO WHETHER OR NOT THIS TRAVEL WAS AUTHORIZED IN ADVANCE ON A MILEAGE BASIS. IN REPLY YOU ARE ADVISED THAT ALL DEPUTY UNITED STATES MARSHALS HAVE GENERAL AUTHORITY FOR THE USE OF THEIR PERSONALLY OWNED AUTOMOBILES.

A-97207, SEPTEMBER 22, 1938, 18 COMP. GEN. 249

TRANSPORTATION - PRISONERS - USE OF PRIVATELY OWNED AUTOMOBILE ON A REIMBURSABLE MILEAGE BASIS - INCLUSION OF PULLMAN FARES IN DETERMINING ECONOMY AND ADVANTAGE OVER TRANSPORTATION BY COMMON CARRIER WHERE THE TRANSPORTATION OF PRISONERS BY UNITED STATES MARSHALS AND THEIR DEPUTIES IN THEIR PERSONALLY OWNED AUTOMOBILES COVERS A DISTANCE, OR CONDITIONS, SUCH AS WOULD HAVE REQUIRED THE USE OF PULLMAN ACCOMMODATIONS, AS AUTHORIZED BY ADMINISTRATIVE REGULATIONS, HAD THE TRANSPORTATION BEEN BY RAIL, PULLMAN FARES ARE PROPERLY FOR CONSIDERATION IN ESTIMATING THE COMPARATIVE COST FOR THE PURPOSE OF DETERMINING THE ECONOMY AND ADVANTAGE TO THE UNITED STATES OF THE TRANSPORTATION BY AUTOMOBILE ON A REIMBURSABLE MILEAGE RATE BASIS UNDER GENERAL ADMINISTRATIVE AUTHORITY FOR SUCH TRANSPORTATION WHERE MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ATTORNEY GENERAL, SEPTEMBER 22, 1938:

YOUR LETTER OF SEPTEMBER 9, 1938, IS AS FOLLOWS:

THE RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF SEPTEMBER 6, 1938, FILE A- 97207, RELATIVE TO CERTAIN EXCEPTIONS TAKEN BY THE GENERAL ACCOUNTING OFFICE IN CONNECTION WITH THE ACCOUNTS OF VARIOUS UNITED STATES MARSHALS, COVERING THE TRANSPORTATION OF PRISONERS BY DEPUTY UNITED STATES MARSHALS IN THEIR PERSONALLY OWNED AUTOMOBILES, AND REQUESTING ADVICE AS TO WHETHER OR NOT THIS TRAVEL WAS AUTHORIZED IN ADVANCE ON A MILEAGE BASIS, AND IF SO, THAT A COPY OF THE TRAVEL ORDER BE FURNISHED YOU.

IN REPLY YOU ARE ADVISED THAT ALL DEPUTY UNITED STATES MARSHALS HAVE GENERAL AUTHORITY FOR THE USE OF THEIR PERSONALLY OWNED AUTOMOBILES, WHICH IS GRANTED BY DEPARTMENT CIRCULAR 2683, DATED MAY 7, 1935 (COPY ENCLOSED). THIS AUTHORIZATION HAS NOT BEEN SUPERSEDED, HAVING BEEN IN FULL FORCE AND EFFECT SINCE THE DATE OF ITS ISSUANCE. DEPARTMENT CIRCULAR 3027, QUOTED BY YOU, APPLIES ONLY TO UNITED STATES MARSHALS PERSONALLY, AND HAS NO APPLICATION TO THEIR DEPUTIES.

IN LETTER FROM YOUR DEPARTMENT UNDER DATE OF JULY 19, 1938, SPECIFIC REFERENCE WAS MADE TO THE CASE OF DEPUTY MARSHAL ALF. G. GUNN WHO WAS REIMBURSED $180.20 FOR TRAVELING EXPENSES INCURRED INCIDENT TO TRANSPORTING A FEDERAL PRISONER, ACCOMPANIED BY A GUARD, BY PERSONALLY OWNED AUTOMOBILE FROM SALT LAKE CITY, UTAH, TO LEAVENWORTH, KANS., OCTOBER 4 TO OCTOBER 9, 1937, ITEMIZED AS FOLLOWS:

CHART

MILEAGE, 2,466 MILES AT 5 CENTS A MILE -------------------- $123.10

MEALS AND TIPS FOR PRISONER AND GUARD --------------------- 10.60

LODGING AND PORTERAGE FOR GUARD --------------------------- 7.00

GUARD HIRE, 6 DAYS AT $2 A DAY ---------------------------- 12.00

PER DIEM FOR DEPUTY MARSHAL, 5 1/2 DAYS AT $5 A DAY ------- 27.50

180.20

THE DEPUTY STATED THAT HE LEFT SALT LAKE CITY BY AUTOMOBILE OCTOBER 4 AT 1 P.M., ARRIVED IN LEAVENWORTH OCTOBER 6 AT 10 A.M., AT WHICH TIME HE DELIVERED THE PRISONER; THAT HE LEFT LEAVENWORTH AT 10:30 A.M. THE SAME DAY, STOPPING OVER AT KANSAS CITY, FROM WHERE HE DEPARTED AT :30 A.M. OCTOBER 7 AND RETURNED TO SALT LAKE CITY AT 2:30 P.M. OCTOBER 9; AND SUBMITTED A STATEMENT OF COMPARATIVE COST OF TRAVEL BY COMMON CARRIER, BASED ON LEAVING SALT LAKE CITY AT 6:45 A.M. OCTOBER 4, ARRIVING AT LEAVENWORTH AT 8:45 A.M. OCTOBER 6, AFTER A LAYOVER AT LAWRENCE FROM 2:15 P.M. OCTOBER 5 TO 7 A.M. OCTOBER 6, LEAVING LEAVENWORTH AT 11 A.M. OCTOBER 7 AND ARRIVING AT SALT LAKE CITY AT 1:10 A.M. OCTOBER 9, AFTER A LAYOVER AT LAWRENCE FROM 12:30 P.M. OCTOBER 7 TO :15 P.M. SAME DAY, AS FOLLOWS:

CHART 2 TICKETS, SALT LAKE CITY TO LEAVENWORTH AND RETURN, AT

$46.10 --------------------------------------------------- $92.20 1 TICKET DO DO DO DO

DO ONE WAY ------------ 34.50 2 LOWER BERTHS, $17, AND ONE UPPER, $6.80, SALT LAKE CITY

TO LEAVENWORTH ------------------------------------------- 23.80 HOTEL FOR GUARD AT LAWRENCE, KANSAS ------------------------- 2.25

DO DO DO DO LEAVENWORTH, KANSAS ---------------------- 2.25 2 LOWER BERTHS, LEAVENWORTH TO SALT LAKE CITY AT $8.50 ------ 17.00 ESTIMATED COST OF MEALS AND PORTERAGE FOR GUARD AND PRISONER 20.00 PER DIEM FOR DEPUTY, 5 DAYS AT $5 --------------------------- 25.00

217.00

THE EXCEPTION STATED IN THE CASE ABOVE REFERRED TO WAS BASED UPON A CASE IN WHICH THE TRANSPORTATION HAD BEEN EFFECTED BY AUTOMOBILE HIRED UNDER AN AGREEMENT LIMITING COMPENSATION TO AN OWNER AND DRIVER TO WHAT THE RAILROAD FARE AND GUARD HIRE WOULD HAVE COST, A-47522, MARCH 24, 1933, AND IS NOT NECESSARILY FOR APPLICATION TO THE PARTICULAR CASE REFERRED TO IN YOUR SUBMISSION.

CIRCULAR OF THE DEPARTMENT OF JUSTICE TO UNITED STATES MARSHALS NO. 2683 OF MAY 7, 1935, COPY OF WHICH WAS TRANSMITTED WITH YOUR LETTER OF SEPTEMBER 9, 1938, PROVIDES:

CIRCULAR NO. 2576, DATED JUNE 28, 1934, AND PARAGRAPH 770 OF THE BOOK OF INSTRUCTIONS DATED JULY 1, 1934, SO FAR AS THEY APPLY TO UNITED STATES MARSHALS AND THEIR DEPUTIES, ARE HEREBY MODIFIED TO READ AS FOLLOWS:

UNDER PARAGRAPH 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, GENERAL AUTHORITY IS HEREBY GRANTED TO UNITED STATES MARSHALS AND THEIR DEPUTIES WHO, UNDER EXISTING REGULATIONS, ARE ENTITLED TO REIMBURSEMENT FOR TRAVELING EXPENSES WHEN ABSENT FROM THEIR RESPECTIVE POSTS OF DUTY OR OFFICIAL STATIONS ON GOVERNMENT BUSINESS, AND WHOSE DUTIES REQUIRE UNEXPECTED TRAVEL UNDER CONDITIONS THAT WILL NOT ADMIT OF THE USUAL PROCEDURE FOR ADVANCE AUTHORIZATION FOR THE USE OF THEIR PRIVATELY OWNED AUTOMOBILES, TO CLAIM REIMBURSEMENT AT THE RATE OF 2 CENTS PER MILE FOR MOTORCYCLE AND 5 CENTS PER MILE FOR AUTOMOBILE, PROVIDING TRAVEL ON A MILEAGE BASIS IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT THAN TRAVEL BY COMMON CARRIER OR OTHER USUAL MODE OF TRANSPORTATION.

CLAIM FOR SUCH MILEAGE ALLOWANCE SHOULD BE MADE ON THE REGULAR EXPENSE ACCOUNT FORMS AND ALL NECESSARY INFORMATION MUST BE SHOWN, INCLUDING DATES, POINTS BETWEEN WHICH TRAVEL WAS MADE, NUMBER OF MILES TRAVELED, HOUR OF DEPARTURE FROM AND ARRIVAL AT EACH POINT, ETC., AND THE BURDEN OF PROOF IS PLACED UPON THE TRAVELER THAT THE COST OF EACH TRIP, INCLUDING THE PER DIEM IN LIEU OF SUBSISTENCE, IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT THAN IF THE TRAVEL HAD BEEN MADE BY COMMON CARRIER OR OTHER USUAL MODE OF TRANSPORTATION. IT WILL, THEREFORE, BE NECESSARY THAT EACH VOUCHER CONTAINING CHARGES FOR MILEAGE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES INCLUDE A COMPARATIVE STATEMENT SHOWING WHAT THE EXPENSES WOULD HAVE BEEN IF THE TRAVEL HAD NOT BEEN MADE BY AUTOMOBILE. IF THE POINT TO WHICH THE TRAVEL IS MADE IS NOT ON A RAILROAD OR OTHER TRANSPORTATION LINE, THE ACCOUNT SHOULD SO INDICATE. THE ACCOUNT MUST ALSO SHOW THAT THE AUTOMOBILE OR MOTORCYCLE WAS PERSONALLY OWNED BY THE OFFICER OR EMPLOYEE WHO MADE THE TRAVEL.

THE PROVISIONS OF CIRCULAR NO. 2576, DATED JUNE 28, 1934, WILL CONTINUE TO BE APPLICABLE TO THE OTHER GOVERNMENT OFFICERS AND EMPLOYEES THEREIN SPECIFIED.

THE PROVISIONS OF THIS CIRCULAR WILL BECOME EFFECTIVE JUNE 1, 1935.

IN CONNECTION WITH THE FOREGOING THERE ARE ALSO FOR CONSIDERATION PARAGRAPHS 461 AND 462 OF THE INSTRUCTIONS TO UNITED STATES MARSHALS, DATED JULY 1, 1934, WHICH PROVIDE:

461. COMPLAINTS HAVE REACHED THE DEPARTMENT FROM TIME TO TIME CONCERNING THE INCONVENIENCE AND SERIOUS ANNOYANCE CAUSED THE TRAVELING PUBLIC BY REASON OF THE TRANSPORTATION OF UNITED STATES PRISONERS IN PULLMAN CARS WHICH ARE SHARED BY OTHER PASSENGERS.

462. THIS MATTER IS ONE WHICH IS NOT FREE FROM DIFFICULTY. MARSHALS ARE INSTRUCTED, HOWEVER, THAT WHENEVER PRACTICABLE, AND PARTICULARLY IN CASES WHERE THE PROPOSED TRIP IS COMPARATIVELY SHORT, TO TRANSPORT PRISONERS IN DAY COACHES. THE USE OF PULLMAN CARS, WHICH ARE SHARED BY OTHER PASSENGERS, MUST BE STRICTLY LIMITED TO THOSE CASES WHERE, IN YOUR OPINION, IT IS ABSOLUTELY ESSENTIAL IN ORDER TO GUARD AGAINST THE ESCAPE OF PRISONERS AND TO INSURE THEIR SAFE TRANSFER AND DELIVERY. UNDER THESE LATTER CIRCUMSTANCES, EVERY EFFORT SHOULD BE MADE TO SECURE STATEROOM OR DRAWING-ROOM ACCOMMODATIONS.

HAD THE TRIP IN QUESTION BEEN FOR A SHORT DISTANCE ONLY PARAGRAPHS 461 AND 462 OF THE ABOVE INSTRUCTIONS WOULD HAVE RESTRICTED THE COMPARATIVE COST BY RAIL TO COACH FARES. HOWEVER, THE DISTANCE TRAVELED IN THIS CASE, 2,466 MILES, IS SUCH THAT HAD A RAIL TRAVEL BEEN UTILIZED, PULLMAN ACCOMMODATIONS WOULD HAVE BEEN NECESSARY. ACCORDINGLY, THE PULLMAN FARES ARE PROPERLY FOR CONSIDERATION IN ESTIMATING THE COMPARATIVE COST FOR THE PURPOSE OF DETERMINING THE ECONOMY AND ADVANTAGE TO THE UNITED STATES PURSUANT TO CIRCULAR NO. 2683, SUPRA. AS THE INCLUSION OF THE PULLMAN FARES WOULD HAVE MADE THE COST BY RAIL MORE THAN THE AMOUNT CLAIMED, CREDIT WILL BE ALLOWED IN THIS CASE FOR THE AMOUNT DISALLOWED, IF OTHERWISE CORRECT. A 49378, JUNE 26, 1933.

SIMILAR ACTION WILL BE TAKEN IN OTHER CASES OF TRAVEL PURSUANT TO CIRCULAR NO. 2683 WHERE THE DISTANCE OR CONDITIONS ARE SUCH AS WOULD HAVE REQUIRED THE USE OF PULLMAN ACCOMMODATIONS HAD TRANSPORTATION BEEN BY RAIL.