B-10493, JUNE 7, 1940, 19 COMP. GEN. 984

B-10493, JUNE 7, 1940, 19 COMP. GEN. 984

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - TITLE TO AUTOMOBILE THE ACT OF APRIL 25, 1940, PUBLIC, NO. 485, 54 STAT. 167, CHANGING THE STATUTORY REQUIREMENT OF PERSONAL OWNERSHIP OF AUTOMOBILES AND MOTORCYCLES USED BY GOVERNMENT EMPLOYEES ON OFFICIAL BUSINESS ON A MILEAGE BASIS, BY PROVIDING MERELY FOR PRIVATE OWNERSHIP OF VEHICLES SO USED, HAS THE EFFECT OF AMENDING, ALSO, SECTION 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS BASED ON THE ORIGINAL STATUTE SO AS TO REQUIRE THE SUBSTITUTION THEREIN OF THE WORDS "A PRIVATELY OWNED" FOR THE WORDS "HIS PERSONALLY OWNED.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL HOME LOAN BANK BOARD, JUNE 7, 1940:

I HAVE YOUR LETTER OF MAY 21, 1940, AS FOLLOWS:

PUBLIC NO. 485, 76TH CONGRESS, APPROVED APRIL 25, 1940, AMENDS THE STATUTE OF FEBRUARY 14, 1931, 56 STAT. 1103, AS AMENDED BY SECTION 9 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516; 5 U.S.C., SECTION 73A, RELATING TO TRAVEL EXPENSES, BY STRIKING OUT THE WORDS "HIS OWN" WHEREVER THE WORDS APPEAR THEREIN AND INSERTING IN LIEU THEREOF THE WORDS"PRIVATELY OWNED.' BEFORE THIS CHANGE THE STATUTE IN QUESTION READ:

"A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY MAY BE PAID, IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT, NOT TO EXCEED 2 CENTS PER MILE FOR THE USE OF HIS OWN MOTORCYCLE OR 5 CENTS PER MILE FOR THE USE OF HIS OWN AUTOMOBILE FOR SUCH TRANSPORTATION, WHENEVER SUCH MODE OF TRAVEL HAS BEEN PREVIOUSLY AUTHORIZED AND PAYMENT ON SUCH MILEAGE BASIS IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES.'

SECTION 12 (A) OF THE GOVERNMENT TRAVEL REGULATIONS PROVIDES, IN PART:

"MILEAGE IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION * * * MAY BE ALLOWED A CIVILIAN OFFICER OR EMPLOYEE TRAVELING BY HIS PERSONALLY OWNED MOTORCYCLE OR AUTOMOBILE ON OFFICIAL BUSINESS * * * PROVIDED SUCH MODE OF TRAVEL AND THE RATE PER MILE HAVE BEEN PREVIOUSLY AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT * * *.'

THE QUESTION ARISES WHETHER A CHANGE IN THE GOVERNMENT TRAVEL REGULATIONS CORRESPONDING WITH THE CHANGE IN 5 U.S.C., SECTION 73A MUST BE MADE BEFORE THE FEDERAL HOME LOAN BANK BOARD, HOME OWNERS' LOAN CORPORATION AND FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION MAY LAWFULLY AUTHORIZE THEIR EMPLOYEES TO TRAVEL ON A MILEAGE BASIS IN PRIVATELY OWNED CARS OTHER THAN THEIR OWN.

THE INDEPENDENT OFFICES APPROPRIATION ACT, 1940, PROVIDES THAT THE FEDERAL HOME LOAN BANK BOARD, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION AND HOME OWNERS' LOAN CORPORATION SHALL INCUR TRAVEL EXPENSES IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE ACT OF JUNE 3, 1926, AS AMENDED. SINCE PUBLIC, NO. 485, DOES NOT APPEAR TO AMEND AUTOMATICALLY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND IS NOT AN AMENDMENT TO THE ACT OF JUNE 23 (3), 1926, YOUR ADVICE IS REQUESTED AS TO WHETHER THESE AGENCIES SHOULD WAIT UNTIL THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ARE AMENDED TO INCLUDE A SIMILAR PROVISION BEFORE RELYING ON THE CHANGE MADE BY PUBLIC, NO. 485.

THE ACT OF APRIL 25, 1940, PUBLIC, NO. 485, 54 STAT. 167, PROVIDES AS FOLLOWS:

THAT THE ACT OF FEBRUARY 14, 1931 (46 STAT. 1103), AS AMENDED BY SECTION 9 OF THE ACT OF MARCH 3, 1933 (47 STAT. 1516; U.S.C., TITLE 5, SEC. 73A), ENTITLED "AN ACT TO PERMIT PAYMENTS FOR THE OPERATION OF MOTORCYCLES AND AUTOMOBILES USED FOR NECESSARY TRAVEL ON OFFICIAL BUSINESS, ON A MILEAGE BASIS IN LIEU OF ACTUAL OPERATING EXPENSES," IS FURTHER AMENDED BY STRIKING OUT THE WORDS ,HIS OWN" WHEREVER THEY APPEAR THEREIN AND INSERTING IN LIEU THEREOF THE WORDS "A PRIVATELY NED.' ( SAID AMENDATORY STATUTE HAS THE EFFECT OF AMENDING, ALSO, SECTION 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS BASED ON THE ORIGINAL STATUTE SO AS TO REQUIRE THE SUBSTITUTION OF THE WORDS "A PRIVATELY OWNED" FOR THE WORDS "HIS PERSONALLY OWNED," APPEARING IN THE CITED SECTION OF THE REGULATIONS. WHETHER OWNERSHIP OF A PRIVATELY OWNED AUTOMOBILE IN WHICH OFFICIAL TRAVEL IS PERFORMED BE IN THE TRAVELER OR SOME OTHER PERSON IS NO LONGER MATERIAL. YOU ARE ADVISED, THEREFORE, THAT AN EXPRESS AMENDMENT TO THE REGULATION TO INCLUDE THE PROVISIONS OF THE ACT, SUPRA, IS NOT REQUIRED BEFORE MILEAGE IS ALLOWABLE FOR OFFICIAL TRAVEL PERFORMED IN ANY PRIVATELY OWNED AUTOMOBILE BY EMPLOYEES OF THE NAMED AGENCIES.