B-129594, NOVEMBER 9, 1956, 36 COMP. GEN. 389

B-129594, NOVEMBER 9, 1956, 36 COMP. GEN. 389

STATUTORY CONSTRUCTION - TITLE AND LEGISLATIVE HISTORY IN CONFLICT WITH ACT - MILEAGE FOR MILITARY PERSONNEL ALTHOUGH THE TITLE AND LEGISLATIVE HISTORY OF THE ACT OF JUNE 13, 1956 ( PUBLIC LAW 576, 84TH CONG.), AMENDING THE MILEAGE ALLOWANCE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, INDICATE THAT THE ACT IS APPLICABLE ONLY TO TRAVEL BY PRIVATELY OWNED CONVEYANCE, THE LANGUAGE OF THE ACT, WHICH AUTHORIZES A MILEAGE ALLOWANCE FOR TRAVEL WITHIN AND OUTSIDE OF THE UNITED STATES WITHOUT RESTRICTION AS TO THE CONVEYANCE, IS CLEAR AND UNAMBIGUOUS, AND, THEREFORE, TO THE EXTENT THAT THE TITLE AND HISTORY IS IN CONFLICT, THEY MAY BE DISREGARDED.

TO THE SECRETARY OF THE NAVY, NOVEMBER 9, 1956:

FURTHER REFERENCE IS MADE TO LETTER OF OCTOBER 19, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES), REQUESTING DECISION AS TO THE EFFECT OF THE AMENDMENT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, ACCOMPLISHED BY PUBLIC LAW 576, 84TH CONGRESS, 70 STAT. 275, 37 U.S.C. 253 (A), UPON THE GENERAL APPLICATION OF THE 1949 ACT.

BEFORE THE AMENDMENT, SECTION 303 (A) OF THE CAREER COMPENSATION ACT PROVIDED, IN PART, AS FOLLOWS:

* * * THE TRAVEL AND TRANSPORTATION ALLOWANCES WHICH SHALL BE AUTHORIZED FOR EACH TYPE OF TRAVEL SHALL BE LIMITED TO ONE OF THE FOLLOWING: * * * OR (3) FOR TRAVEL WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES A MILEAGE ALLOWANCE OF NOT EXCEEDING 10 CENTS PER MILE BASED ON DISTANCES ESTABLISHED OR TO BE ESTABLISHED PURSUANT TO EXISTING LAW: * * *

PUBLIC LAW 576 ( H.R. 5268), APPROVED JUNE 13, 1956, IS ENTITLED " AN ACT TO AMEND SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949 TO AUTHORIZE THE PAYMENT OF MILEAGE ALLOWANCES FOR OVERLAND TRAVEL BY PRIVATE CONVEYANCE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.' THE LANGUAGE OF THE ACT ITSELF, HOWEVER, DOES NOT LIMIT MILEAGE TO TRAVEL BY PRIVATE CONVEYANCE, BUT AMENDED SECTION 303 (A) ONLY BY DELETING THE WORDS "FOR TRAVEL WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES.'

WHILE THE RESTRICTIVE LANGUAGE APPEARING IN THE TITLE REFLECTS, TO SOME EXTENT, THE DISCUSSION IN THE HEARINGS ON THE BILL, IT IS WELL ESTABLISHED THAT THE MEANING OF THE LANGUAGE USED IN A STATUTE, WHICH IS CLEAR AND FREE FROM AMBIGUITY, MAY NOT BE VARIED OR CHANGED TO AGREE WITH THE TITLE OF THE ACT. 15 COMP. DEC. 1. COMPARE 19 COMP. GEN. 739. A SIMILAR RULE HAS BEEN RECOGNIZED WITH RESPECT TO THE LEGISLATIVE HISTORY OF AN ACT. SEE 14 COMP. GEN. 638, 16 COMP. GEN. 512, AND AUTHORITIES THERE CITED. THE LANGUAGE OF THE AMENDED ACT CLEARLY APPLIES TO THE SAME TYPES OF TRAVEL WHETHER WITHIN OR OUTSIDE THE UNITED STATES. ACCORDINGLY, THE TITLE OF PUBLIC LAW 576, AND ITS LEGISLATIVE HISTORY, TO THE EXTENT THAT THEY CONFLICT WITH THE PLAIN LANGUAGE OF THE BILL, MAY BE DISREGARDED IN PROMULGATING REGULATIONS TO IMPLEMENT THE AMENDED LEGISLATION.