B-148161, MARCH 1, 1962, 41 COMP. GEN. 574

B-148161: Mar 1, 1962

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" THE REQUIREMENT THAT THE AUTHORIZATION FOR THE TRANSPORTATION OF THE FAMILY MUST BE MADE PRIOR TO THE ACTUAL PERFORMANCE OF TRAVEL IS NO LONGER A CONDITION PRECEDENT TO PAYMENT AND. WAS MARRIED AND ACCOMPANIED ON THE TRIP BY HIS WIFE. IS ENTITLED TO REIMBURSEMENT FOR HIS WIFE'S TRANSPORTATION ON THE BASIS OF ADMINISTRATIVE APPROVAL AFTER THE TRAVEL WAS PERFORMED. LEMKE WAS AUTHORIZED TO TRAVEL TO HIS FIRST DUTY STATION AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. R4-61-691 WAS ISSUED ON JUNE 20. LEMKE WAS MARRIED. THAT TRAVEL AUTHORIZATION WAS AMENDED TO AUTHORIZE THE TRAVEL OF MRS. LEMKE'S ORIGINAL VOUCHER FOR REIMBURSEMENT WAS PAID ON A MILEAGE BASIS LIMITED TO THE CONSTRUCTIVE COST OF AIR TRAVEL FOR ONE PERSON PLUS PER DIEM FROM HOUGHTON TO GUNNISON.

B-148161, MARCH 1, 1962, 41 COMP. GEN. 574

TRANSPORTATION - DEPENDENTS - AUTHORIZATION REQUIREMENT UNDER THE AMENDMENT TO THE DEPENDENT TRANSPORTATION PROVISIONS IN SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-1, WHICH SUBSTITUTED THE PHRASE "WHEN AUTHORIZED OR APPROVED" FOR "WHEN AUTHORIZED IN THE ORDER DIRECTING TRAVEL," THE REQUIREMENT THAT THE AUTHORIZATION FOR THE TRANSPORTATION OF THE FAMILY MUST BE MADE PRIOR TO THE ACTUAL PERFORMANCE OF TRAVEL IS NO LONGER A CONDITION PRECEDENT TO PAYMENT AND, THEREFORE, AN EMPLOYEE IN A MANPOWER SHORTAGE CATEGORY WHO, AFTER ISSUANCE OF A TRAVEL ORDER AUTHORIZING HIS TRAVEL TO HIS FIRST DUTY STATION, WAS MARRIED AND ACCOMPANIED ON THE TRIP BY HIS WIFE, IS ENTITLED TO REIMBURSEMENT FOR HIS WIFE'S TRANSPORTATION ON THE BASIS OF ADMINISTRATIVE APPROVAL AFTER THE TRAVEL WAS PERFORMED.

TO R. V. ERICKSON, UNITED STATES DEPARTMENT OF INTERIOR, MARCH 1, 1962:

ON FEBRUARY 7, 1962, YOUR REFERENCE 4-391, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER OF MR. RICHARD W. LEMKE, AN EMPLOYEE OF THE DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION, FOR ADDITIONAL TRAVEL EXPENSES INCIDENT TO HIS TRAVEL FROM HOUGHTON, MICHIGAN, TO GUNNISON, COLORADO, HIS FIRST DUTY STATION.

MR. LEMKE WAS AUTHORIZED TO TRAVEL TO HIS FIRST DUTY STATION AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED BY THE ACT OF JULY 5, 1960, 74 STAT. 327, 5 U.S.C. 73B-3 (B/-/D). TRAVEL AUTHORIZATION NO. R4-61-691 WAS ISSUED ON JUNE 20, 1961, AUTHORIZING HIM TO BEGIN TRAVEL ON OR ABOUT AUGUST 4, BY COMMON CARRIER OR BY PRIVATELY OWNED VEHICLE AT 10 CENTS PER MILE NOT TO EXCEED THE COST BY COMMON CARRIER. THAT TRAVEL AUTHORIZATION DID NOT INCLUDE AUTHORITY FOR THE TRAVEL OF HIS IMMEDIATE FAMILY. SUBSEQUENT TO THE ISSUANCE OF THAT TRAVEL AUTHORIZATION BUT BEFORE HE PERFORMED THE SUBJECT TRAVEL, MR. LEMKE WAS MARRIED. HIS MARRIAGE TOOK PLACE ON AUGUST 4, AND HE PERFORMED THE AUTHORIZED TRAVEL BY PRIVATELY OWNED VEHICLE BETWEEN AUGUST 5 AND AUGUST 8, WITH HIS WIFE. ON NOVEMBER 1, THAT TRAVEL AUTHORIZATION WAS AMENDED TO AUTHORIZE THE TRAVEL OF MRS. LEMKE AT GOVERNMENT EXPENSE.

MR. LEMKE'S ORIGINAL VOUCHER FOR REIMBURSEMENT WAS PAID ON A MILEAGE BASIS LIMITED TO THE CONSTRUCTIVE COST OF AIR TRAVEL FOR ONE PERSON PLUS PER DIEM FROM HOUGHTON TO GUNNISON. THE RECLAIM VOUCHER IS FOR REIMBURSEMENT ON THE SAME BASIS BUT COMPUTES THE CONSTRUCTIVE COST ON THE BASIS OF AIR TRAVEL FOR TWO PERSONS. ALTHOUGH AIR TRAVEL BETWEEN THE POINTS INVOLVED WOULD HAVE COST LESS THAN THE MILEAGE AND PER DIEM AUTHORIZED FOR THE PERFORMANCE OF THE TRAVEL FOR THE EMPLOYEE ALONE, THE COST OF AIR TRAVEL FOR TWO PERSONS EXCEEDS SUCH MILEAGE AND PER DIEM. THE RECLAIM VOUCHER IS FOR THE DIFFERENCE BETWEEN THE COST OF AIR TRANSPORTATION FOR ONE PERSON PLUS PER DIEM AND THE MILEAGE AND PER DIEM NOW AUTHORIZED.

YOUR QUESTION IS WHETHER THE AMENDMENT OF NOVEMBER 1, TO MR. LEMKE'S TRAVEL AUTHORIZATION IS LEGALLY SUFFICIENT TO AUTHORIZE REIMBURSEMENT TO HIM FOR MRS. LEMKE'S TRAVEL. YOUR DOUBT ARISES FROM 25 COMP. GEN. 444, AND SIMILAR DECISIONS OF OUR OFFICE WHICH HOLD, IN EFFECT, THAT AUTHORIZATION FOR TRAVEL OF AN EMPLOYEE'S FAMILY WHETHER IN THE ORIGINAL TRAVEL AUTHORIZATION OR IN AN AMENDMENT THERETO MUST BE MADE PRIOR TO THE PERFORMANCE OF THE TRAVEL AUTHORIZED. THE LAW IN EFFECT AT THE TIME THAT DECISION AND OTHERS OF A SIMILAR NATURE WERE RENDERED PROVIDED FOR THE PAYMENT OF AN EMPLOYEE'S EXPENSES UPON TRANSFER TO THE EXTENT THAT SUCH EXPENSES WERE AUTHORIZED IN THE ORDER DIRECTING TRAVEL. THE ACT OF SEPTEMBER 23, 1950, 64 STAT. 985, AMENDED SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, 5 U.S.C. 73B 1, TO ALLOW PAYMENTS OF TRAVEL EXPENSES WHEN AUTHORIZED OR APPROVED. THE ACT OF JULY 5, 1960, SUPRA, UNDER WHICH THE TRAVEL IN QUESTION WAS PERFORMED, AUTHORIZES THE PAYMENT OF EXPENSES ALLOWABLE UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED. FURTHERMORE, SECTION 34 (B) (2) OF EXECUTIVE ORDER NO. 9805 AS ADDED BY BUREAU OF THE BUDGET CIRCULAR NO. A- 37, TRANSMITTAL MEMORANDUM NO. 5, AUGUST 23, 1960, ISSUED UNDER THE ACT OF JULY 5, 1960, PROVIDES FOR THE PAYMENT OF APPROPRIATE EXPENSES WHEN AUTHORIZED OR APPROVED. THUS, IF OTHERWISE ALLOWABLE, TRAVEL EXPENSES MAY BE PAID BY THE GOVERNMENT IF THEY ARE APPROVED AFTER THE PERFORMANCE OF TRAVEL.

SINCE MR. LEMKE WAS MARRIED WHEN HE PERFORMED THE TRAVEL AUTHORIZED AND SINCE THE TRAVEL OF HIS WIFE HAS BEEN APPROVED BY THE PROPER AUTHORITY AS REQUIRED BY THE ACT OF JULY 5, 1960, AND THE REGULATIONS ISSUED THEREUNDER, HE IS ENTITLED TO ALLOWANCE OF MILEAGE SUBJECT TO THE LIMITATION OF COST OF TRAVEL BY COMMON CARRIER OF TWO PERSONS.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH ALONG WITH THE SUPPORTING PAPERS MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.