B-27583, AUGUST 4, 1942, 22 COMP. GEN. 116

B-27583, AUGUST 4, 1942, 22 COMP. GEN. 116

TRAVELING EXPENSES - DECENTRALIZATION OF GOVERNMENT AGENCIES - TRAVEL PRIOR TO CHANGE OF STATION ORDERS WHILE GENERALLY THE COST OF TRAVEL PERFORMED BY AN EMPLOYEE PRIOR TO AND IN ANTICIPATION OF AN ORDER BY THE HEAD OF A DEPARTMENT AUTHORIZING TRANSFER OF OFFICIAL STATION IS NOT PAYABLE FROM APPROPRIATIONS AVAILABLE FOR TRAVELING EXPENSES, EXPENSES OF EMPLOYEES OF THE WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR, COVERING TRAVEL IN ADVANCE OF ORDERS FROM WASHINGTON, D.C., TO NEW YORK CITY PURSUANT TO A "DECENTRALIZATION" ORDER MAY BE REIMBURSED FROM FUNDS SPECIFICALLY ALLOCATED FROM THE " EMERGENCY FUND FOR THE PRESIDENT" FOR PAYMENT OF TRAVELING EXPENSES OF EMPLOYEES OF SAID DIVISION INCIDENT TO THE DECENTRALIZATION.

COMPTROLLER GENERAL WARREN TO HELEN L. MAHOLM, DEPARTMENT OF LABOR, AUGUST 4, 1942:

REFERENCE IS MADE TO YOUR LETTER OF JULY 10, 1942 (FILE BM:HLM:GFP), AS FOLLOWS:

THERE ARE TRANSMITTED HEREWITH FOR YOUR CONSIDERATION, THE FOLLOWING TRAVEL REIMBURSEMENT VOUCHERS RESULTING FROM THE DECENTRALIZATION OF THE WAGE AND HOUR DIVISION:

CHART

NAME: AMOUNT

PAUL. P. DILORENZO, JR. -------------------- $22.10

FLORENCE LAPP ------------------------------- 28.29

VALERIE CHASE ------------------------------- 77.35

JACK BESANSKY ------------------------------- 27.50

SEYMOUR NICKELBERG -------------------------- 22.30

ALICE POKORNY ------------------------------- 26.20

DONALD HARNETT ------------------------------ 22.35

CATHERINE MCCARTHY -------------------------- 27.20

JOHN A. BUCKLEY ----------------------------- 21.25

IT WILL BE NOTED THAT EACH OF THESE EMPLOYEES TRAVELED FROM WASHINGTON, D.C., TO NEW YORK, .Y., IN ADVANCE OF THE EFFECTIVE DATE OF THE TRAVEL AUTHORIZATION, THIS DATE BEING BASED ON THE DATE THE TRANSFER WAS APPROVED.

BECAUSE OF THE URGENT NEED FOR REPLACEMENT PERSONNEL IN NEW YORK CITY, THE DEPARTMENT ADOPTED THE POLICY OF ISSUING TRANSPORTATION REQUESTS TO EMPLOYEES WHOSE TRANSFERS WERE ABOUT TO BECOME EFFECTIVE, AND INSTRUCTING THEM TO REPORT IMMEDIATELY TO OUR NEW YORK OFFICE. THIS PLACES OUR AUDIT SECTION IN THE INCONGRUOUS POSITION OF BEING FORCED TO TAKE EXCEPTION TO THE TRANSPORTATION EXPENSES IN ACCORDANCE WITH RULINGS OF THE COMPTROLLER GENERAL, REQUIRING TRAVEL IN CONNECTION WITH A CHANGE OF HEADQUARTERS TO BE AUTHORIZED IN ADVANCE BY THE HEAD OF THE DEPARTMENT CONCERNED. THIS WE ARE UNWILLING TO DO.

SINCE THE PRESIDENT OF THE UNITED STATES IN HIS LETTER OF APRIL 16, 1942, HAS SEEN FIT TO WAIVE THE PROVISIONS OF ANY EXISTING LAW OR REGULATION GOVERNING THE PAYMENT OF PER DIEM, WHICH WAIVER WAS CONFIRMED BY THE COMPTROLLER GENERAL IN HIS ACCOUNTS AND PROCEDURES LETTER NO. 4443, DATED APRIL 25, 1942, IT IS EARNESTLY RECOMMENDED THAT THE AFOREMENTIONED RULING OF THE COMPTROLLER GENERAL ALSO BE WAIVED IN VIEW OF THE EMERGENT NATURE OF THIS TRAVEL.

WE SHALL BE SINCERELY APPRECIATIVE OF YOUR FAVORABLE CONSIDERATION OF THESE DESERVING CASES.

SECTION 301 OF THE ACT OF MAY 31, 1941, 55 STAT. 234, PROVIDES AS FOLLOWS:

APPROPRIATIONS FOR THE FISCAL YEAR 1942 AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SHALL BE AVAILABLE ALSO FOR EXPENSES OF TRAVEL PERFORMED BY THEM ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER WHEN AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFER: PROVIDED, THAT SUCH EXPENSES SHALL NOT BE ALLOWED FOR ANY TRANSFER EFFECTED FOR THE CONVENIENCE OF ANY OFFICER OR EMPLOYEE.

THE GENERAL RULE IS THAT THE COST OF TRAVEL PERFORMED IN ADVANCE, AND IN ANTICIPATION OF AN ORDER BY THE HEAD OF A DEPARTMENT AUTHORIZING THE TRANSFER OF THE OFFICIAL STATION OF AN EMPLOYEE IS NOT PAYABLE FROM " APPROPRIATIONS * * * AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS" UNDER AUTHORITY OF THE ABOVE-QUOTED STATUTE. SEE 17 COMP. GEN. 606.

THERE IS THEREFORE FOR CONSIDERATION HERE WHETHER THE PRESENT SITUATION COMES WITHIN OR WITHOUT SAID GENERAL RULE. THE VOUCHERS PRESENTED WITH YOUR LETTER ARE CERTIFIED FOR PAYMENT UNDER THE APPROPRIATION "16-1120006 EMERGENCY FUND FOR THE PRESIDENT, NATIONAL DEFENSE ( ALLOTMENT TO LABOR), 1942. ALLOCATION NO. 42-83.'

THE PRESIDENT'S ALLOCATION LETTER NO. 42-83--- THE NUMBER CITED IN THE APPROPRIATION TITLE--- IS DATED FEBRUARY 16, 1942, AND READS AS FOLLOWS:

BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE PROVISIONS OF THE APPROPRIATION ENTITLED " EMERGENCY FUND FOR THE PRESIDENT" CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1942, APPROVED APRIL 5, 1941, I HEREBY ALLOCATE FROM THE SUM OF $100,000,000 PROVIDED BY SAID APPROPRIATION AS FOLLOWS:

AMOUNT

TO DEPARTMENT OF LABOR ------------------------- $17,520 TO BE EXPENDED BY THE DEPARTMENT OF LABOR IN CONNECTION WITH EMERGENCIES AFFECTING THE NATIONAL SECURITY AND DEFENSE, FOR THE REMOVAL OF THE WAGE AND HOUR DIVISION AND PART OF THE OFFICE OF THE SOLICITOR FROM THE DISTRICT OF COLUMBIA TO NEW YORK CITY, N.Y.

THE FUNDS HEREBY ALLOCATED SHALL BE USED (1) FOR PAYMENT OF TRAVEL EXPENSES INCURRED ON TRANSFER FROM WASHINGTON TO THEIR NEW LOCATION BY EMPLOYEES OF THE WAGE AND HOUR DIVISION AND CERTAIN EMPLOYEES OF THE OFFICE OF THE SOLICITOR, INCLUDING EMPLOYEES WHO, AT THEIR OWN REQUEST AND PRIMARILY FOR THEIR OWN CONVENIENCE OR BENEFIT, HAVE BEEN, OR ARE IN PROCESS OF BEING TRANSFERRED TO SUCH AGENCIES AS OF THE DATE OF THEIR REMOVAL FROM WASHINGTON IS BEGUN, AND (2) FOR PAYMENT, NOTWITHSTANDING THE PROVISIONS OF ANY EXISTING LAW OR REGULATION, OF A PER DIEM ALLOWANCE OF $5.00 FOR NOT TO EXCEED 15 DAYS FOLLOWING THE ARRIVAL AT THEIR NEW LOCATION OF TRANSFERRED EMPLOYEES.

PLEASE ARRANGE FOR THE NECESSARY TRANSFER OF FUNDS AND ADVISE THE DEPARTMENT OF LABOR.

THE PRESIDENT'S LETTER OF APRIL 16, 1942, REFERRED TO IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER, BEARING ALLOCATION NO. 42-113, ALLOCATES $11,250 FROM THE EMERGENCY FUND FOR THE PRESIDENT CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1942, APPROVED APRIL 5, 1941, TO THE DEPARTMENT OF AGRICULTURE, TO BE EXPENDED IN CONNECTION WITH THE REMOVAL OF TWO AGENCIES OF THAT DEPARTMENT FROM THE DISTRICT OF COLUMBIA TO THEIR NEW LOCATION, AND HAS NO BEARING HERE EXCEPT THAT IT MODIFIES, AMONG OTHERS, ALLOCATION LETTER NO. 42-83, SUPRA, TO PERMIT THE USE OF THE FUNDS "TO REIMBURSE TRANSFERRED EMPLOYEES IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR TRAVEL PERFORMED ON A MILEAGE BASIS IN A PRIVATELY OWNED AUTOMOBILE IN CONNECTION WITH THEIR CHANGE OF STATION"--- BUT NO SUCH ITEM OF EXPENSE IS CLAIMED ON ANY OF THE SUBMITTED VOUCHERS.

THE APPROPRIATION ITEM " EMERGENCY FUND FOR THE PRESIDENT," ACT OF APRIL 5, 1941, 55 STAT. 94, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

TO ENABLE THE PRESIDENT, THROUGH APPROPRIATE AGENCIES OF THE GOVERNMENT, TO PROVIDE FOR EMERGENCIES AFFECTING THE NATIONAL SECURITY AND DEFENSE AND FOR EACH AND EVERY PURPOSE CONNECTED THEREWITH, AND TO MAKE ALL NECESSARY EXPENDITURES INCIDENT THERETO FOR ANY PURPOSE FOR WHICH THE CONGRESS HAS PREVIOUSLY MADE APPROPRIATION OR AUTHORIZATION AND WITHOUT REGARD TO THE PROVISIONS OF LAW REGULATING THE EXPENDITURE OF GOVERNMENT FUNDS OR THE EMPLOYMENT OF PERSONS IN THE GOVERNMENT SERVICE, SUCH AS SECTION 3709 OF THE REVISED STATUTES AND THE CIVIL SERVICE AND CLASSIFICATION LAWS; AND ANY WAIVER HEREUNDER OF THE PROVISIONS OF ANY LAW REGULATING SUCH EXPENDITURE OR SUCH EMPLOYMENT SHALL NOT BE EXERCISED BY ANY AGENCY UNLESS THE ALLOCATION TO SUCH AGENCY OR SUBSEQUENT ACTION OF THE PRESIDENT IN CONNECTION THEREWITH PERMITS ANY SUCH WAIVER TO BE AVAILED OF; $100,000,000 * * *.

WHILE THE APPROVAL OF THE HEAD OF THE DEPARTMENT IS INDICATED ON EACH OF THE TRAVEL ORDERS IN THE SUBMITTED CASES, SUCH APPROVAL, BEING RETROACTIVELY MADE, WOULD NOT BE SUFFICIENT, PER SE, TO BRING THE MATTER WITHIN THE GENERAL RULE HEREINBEFORE STATED, BUT AS THE PRESIDENT'S ALLOTMENT OF FUNDS FROM WHICH IS PROPOSED TO PAY THE INVOLVED VOUCHERS IS SPECIFICALLY MADE AVAILABLE FOR PAYMENT OF TRAVEL EXPENSES INCURRED BY THE EMPLOYEES OF THE WAGE AND HOUR DIVISION OF THE DEPARTMENT OF LABOR IN CONNECTION WITH THE DECENTRALIZATION ORDER REQUIRING THE EMPLOYEES TO MOVE FROM WASHINGTON TO NEW YORK, APPARENTLY WITHOUT REFERENCE TO THE TIME THE TRAVEL WAS PERFORMED BY THE EMPLOYEES WITH RELATION TO THE ISSUANCE OF THE INDIVIDUAL TRANSFER ORDERS BY THE SECRETARY OF LABOR, AND EXTENDS SUCH BENEFITS TO EMPLOYEES WHO "HAVE BEEN OR ARE IN PROCESS OF BEING TRANSFERRED TO SUCH AGENCIES," IT IS REASONABLE TO SUPPOSE THAT THE PRESIDENT INTENDED TO AUTHORIZE REIMBURSEMENT TO THE EMPLOYEES IN WHOSE FAVOR THE INSTANT VOUCHERS HAVE BEEN PRESENTED WITHOUT REGARD TO THE FACT THAT THEY PERFORMED THE TRAVEL PRIOR TO THE ISSUANCE OF THE INDIVIDUAL TRAVEL ORDERS AND THE TIME STATED IN THE ORDERS FOR THE BEGINNING OF THE TRAVEL, PARTICULARLY AS IT WAS KNOWN IN ADVANCE THAT THE MOVE OF THE OFFICE FROM WASHINGTON TO NEW YORK WOULD BE MADE.

ACCORDINGLY, YOUR CERTIFICATION OF THE VOUCHERS WILL NOT BE QUESTIONED BY THIS OFFICE.