B-163780, APR. 4, 1968

B-163780, APR. 4, 1968

TO MR. SECRETARY:

REFERENCE IS MADE TO THE REQUEST OF FEBRUARY 13, 1968, FROM YOUR UNDER SECRETARY, THE HONORABLE TOWNSEND HOOPES, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON FEBRUARY 16, 1968, PDTATAC 68-9, FOR AN ADVANCE DECISION CONCERNING A PROPOSED AMENDMENT TO THE JOINT TRAVEL REGULATIONS.

IT IS PROPOSED TO REVISE THE JOINT TRAVEL REGULATIONS, PARAGRAPH C 7153- 2, BY ADDING SUBPARAGRAPH 3 TO PROVIDE FOR SHIPMENT AT GOVERNMENT EXPENSE OF AN EMPLOYEE'S PRIVATELY OWNED MOTOR VEHICLE BACK TO THE UNITED STATES PRIOR TO THE RETURN OF THE EMPLOYEE, UNDER THE FOLLOWING CIRCUMSTANCES:

"AN EMPLOYEE IS ASSIGNED TO AN OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES. A DETERMINATION IS MADE THAT IT IS IN THE INTEREST OF THE GOVERNMENT FOR THE EMPLOYEE TO HAVE THE USE OF HIS CAR THEREAT, WHICH HE USES DURING THE TOUR OF DUTY. HE IS TRANSFERRED OR REASSIGNED TO ANOTHER OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES, BUT A DETERMINATION IS MADE THAT IT IS NOT IN THE INTEREST OF THE GOVERNMENT FOR THE EMPLOYEE TO HAVE HIS AUTOMOBILE AT THE NEW OFFICIAL STATION. THE EMPLOYEE THEN REQUESTS SHIPMENT OF HIS AUTOMOBILE TO THE UNITED ATES.'

5 U.S.C. 5727 (B) PROVIDES THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE PRIVATELY OWNED MOTOR VEHICLE OF AN EMPLOYEE MAY BE TRANSPORTED AT GOVERNMENT EXPENSE TO, FROM, AND BETWEEN THE CONTINENTAL UNITED STATES, OR BETWEEN POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

THE REGULATIONS ISSUED PURSUANT TO 5 U.S.C. 5727 (B) ARE CONTAINED IN BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. SECTION 10.2 THEREOF PROVIDES, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE IS ASSIGNED TO A DUTY STATION OUTSIDE THE CONTINENTAL UNITED STATES WHERE IT WAS DETERMINED TO BE IN THE INTEREST OF THE GOVERNMENT TO HAVE A CAR, BUT SUCH DETERMINATION IS SUBSEQUENTLY RESCINDED THE EMPLOYEE MAY HAVE THE VEHICLE SHIPPED TO HIS PLACE OF ACTUAL RESIDENCE AT GOVERNMENT EXPENSE. ALSO, IF THE EMPLOYEE IS TRANSFERRED AND IT IS DETERMINED NOT TO BE IN THE INTEREST OF THE UNITED STATES FOR THE EMPLOYEE TO HAVE A CAR AT HIS NEW DUTY STATION THE EMPLOYEE MAY SHIP THE CAR AT HIS EXPENSE TO THE NEW DUTY STATION AND UPON COMPLETION OF THE AGREED PERIOD OF SERVICE AT THE NEW DUTY STATION SHIP THE VEHICLE AT GOVERNMENT EXPENSE TO HIS PLACE OF ACTUAL RESIDENCE IN THE UNITED STATES. SUCH TRANSPORTATION IS TO BE LIMITED TO THE COSTS FROM THE PLACE WHERE IT WAS PREVIOUSLY DETERMINED TO BE IN THE GOVERNMENT'S INTEREST FOR HIM TO HAVE A VEHICLE.

WHILE THE ABOVE-CITED REGULATIONS OF THE BUREAU OF THE BUDGET DO NOT SPECIFICALLY REFER TO THE SITUATION PROPOSED TO BE COVERED BY A REVISION TO THE JOINT TRAVEL REGULATIONS, OUR VIEW IS THAT THE REGULATIONS OF THE BUREAU OF THE BUDGET ARE SUSCEPTIBLE OF THAT INTERPRETATION. THEREFORE, WE PERCEIVE NO OBJECTION TO THE PROPOSED REVISION OF THE JOINT TRAVEL REGULATIONS.