B-176574, SEP 5, 1972

B-176574: Sep 5, 1972

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AN EMPLOYEE OF THE NATIONAL PARK SERVICE FOR REIMBURSEMENT OF THE AIRPORT DEPARTURE AND ARRIVAL FEES HE WAS REQUIRED TO PAY IN CONNECTION WITH OFFICIAL TRAVEL FROM PHILADELPHIA. IT WAS HELD THAT DEPARTURE FEES IMPOSED BY LOCAL AUTHORITIES FOR THE PURPOSE OF RECOVERING AIRPORT OPERATING AND MAINTENANCE COSTS MAY BE REIMBURSED TO FEDERAL EMPLOYEES WHO ARE REQUIRED TO PAY THEM IN CONNECTION WITH OFFICIAL TRAVEL. THE PHILADELPHIA AIRPORT ARRIVAL FEE WAS HELD TO BE ILLEGAL BY LOCAL COURTS AND THE CITY OR THE AIRLINE INVOLVED WILL PRESUMABLY MAKE ARRANGEMENTS FOR REFUND OF ARRIVAL FEES PAID AND THEREFORE REIMBURSEMENT BY THE GOVERNMENT IS NOT AUTHORIZED. TO REIMBURSE HIM THE AIRPORT DEPARTURE AND ARRIVAL FEES HE WAS REQUIRED TO PAY IN CONNECTION WITH OFFICIAL TRAVEL FROM PHILADELPHIA.

B-176574, SEP 5, 1972

CIVILIAN EMPLOYEE - AIRPORT FEES - REIMBURSEMENT DECISION ALLOWING IN PART CERTIFICATION FOR PAYMENT OF A VOUCHER IN FAVOR OF CHESTER L. BROOKS, AN EMPLOYEE OF THE NATIONAL PARK SERVICE FOR REIMBURSEMENT OF THE AIRPORT DEPARTURE AND ARRIVAL FEES HE WAS REQUIRED TO PAY IN CONNECTION WITH OFFICIAL TRAVEL FROM PHILADELPHIA, PA., TO RICHMOND, VA., AND RETURN. IN DECISION B-176486, AUGUST 9, 1972, IT WAS HELD THAT DEPARTURE FEES IMPOSED BY LOCAL AUTHORITIES FOR THE PURPOSE OF RECOVERING AIRPORT OPERATING AND MAINTENANCE COSTS MAY BE REIMBURSED TO FEDERAL EMPLOYEES WHO ARE REQUIRED TO PAY THEM IN CONNECTION WITH OFFICIAL TRAVEL. HOWEVER, THE PHILADELPHIA AIRPORT ARRIVAL FEE WAS HELD TO BE ILLEGAL BY LOCAL COURTS AND THE CITY OR THE AIRLINE INVOLVED WILL PRESUMABLY MAKE ARRANGEMENTS FOR REFUND OF ARRIVAL FEES PAID AND THEREFORE REIMBURSEMENT BY THE GOVERNMENT IS NOT AUTHORIZED.

TO MR. EUGENE G. PARISHO:

WE REFER TO YOUR LETTER OF JULY 14, 1972, YOUR REFERENCE F50 NERAF), BY WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER OF MR. CHESTER L. BROOKS, AN EMPLOYEE OF THE NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, TO REIMBURSE HIM THE AIRPORT DEPARTURE AND ARRIVAL FEES HE WAS REQUIRED TO PAY IN CONNECTION WITH OFFICIAL TRAVEL FROM PHILADELPHIA, PENNSYLVANIA, TO RICHMOND, VIRGINIA, AND RETURN WHICH HE PERFORMED ON JULY 10 AND 12, 1972, RESPECTIVELY.

YOU SAY THAT MR. BROOKS WAS REQUIRED TO PAY THE $2 DEPARTURE FEE AND THE $2 ARRIVAL FEE IMPOSED AT THE PHILADELPHIA AIRPORT IN CASH PRIOR TO HIS DEPARTURE FROM THE PHILADELPHIA AIRPORT AND THAT THE CARRIER INVOLVED REFUSED TO ADD THOSE FEES TO THE PRICE OF HIS TICKETS WHICH WERE PURCHASED WITH A GOVERNMENT TRANSPORTATION REQUEST. THE VOUCHER WHICH YOU HAVE PRESENTED TOGETHER WITH EVIDENCE THAT PAYMENT WAS MADE IS FOR REIMBURSEMENT OF THE $4 INVOLVED.

IN THE DECISION B-176486, AUGUST 9, 1972, COPY ENCLOSED, IT WAS HELD THAT DEPARTURE FEES IMPOSED BY LOCAL AUTHORITIES FOR THE PURPOSE OF RECOVERING AIRPORT OPERATING AND MAINTENANCE COSTS MAY BE REIMBURSED TO FEDERAL EMPLOYEES WHO ARE REQUIRED TO PAY THEM IN CONNECTION WITH OFFICIAL TRAVEL. HOWEVER, IT IS OUR UNDERSTANDING, AS INDICATED IN THE DECISION OF AUGUST 9, THAT THE PHILADELPHIA AIRPORT ARRIVAL FEE WAS HELD TO BE ILLEGAL BY LOCAL COURTS. THE CITY OR THE AIRLINE INVOLVED WILL PRESUMABLY MAKE ARRANGEMENTS FOR REFUND OF ARRIVAL FEES PAID AND THEREFORE REIMBURSEMENT BY THE GOVERNMENT IS NOT AUTHORIZED UNDER PRESENT CIRCUMSTANCES. IT IS NOTED THAT IF THE DETERMINATION OF THE PHILADELPHIA COURT WITH REGARD TO LEGALITY OF THE ARRIVAL FEE IS REVERSED ON APPEAL, REIMBURSEMENT OF THE ARRIVAL FEES TO FEDERAL EMPLOYEES WHO WERE REQUIRED TO PAY THEM IN CONNECTION WITH OFFICIAL TRAVEL WOULD BE AUTHORIZED.

THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $2 AS REIMBURSEMENT FOR THE DEPARTURE FEE.