B-30368, DECEMBER 7, 1942, 22 COMP. GEN. 512

B-30368: Dec 7, 1942

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SUCH A PERSON PERFORMING OFFICIAL DUTIES AT A PLACE NEAR HIS HOME NOT WITHIN THE 2 MILE LIMIT SPECIFIED IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS MAY BE PAID ACTUAL EXPENSES OF TRANSPORTATION BETWEEN HIS HOME AND OFFICIAL STATION AND PER DIEM IN LIEU OF SUBSISTENCE PROVIDED HIS HOME IS NOT AT A POINT ADJACENT TO AND GENERALLY REGARDED AS A PART OF THE METROPOLITAN AREA OF HIS OFFICIAL STATION. 22 COMP. WHERE THE STATUTORY AUTHORITY TO PAY THE TRANSPORTATION EXPENSES OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES IN AN ADVISORY CAPACITY WITHOUT OTHER COMPENSATION FROM THE UNITED STATES IS LIMITED TO ACTUAL EXPENSES OF TRANSPORTATION. SUCH A PERSON WHO PERFORMS OFFICIAL TRAVEL BY PRIVATELY OWNED AUTOMOBILE IS ENTITLED ONLY TO THE ACTUAL EXPENSES OF OPERATION THEREOF.

B-30368, DECEMBER 7, 1942, 22 COMP. GEN. 512

TRANSPORTATION EXPENSES; PER DIEMS IN LIEU OF SUBSISTENCE - PERSONS SERVING WITHOUT COMPENSATION AT DUTY STATIONS NEAR THEIR HOMES UNDER THE STATUTORY AUTHORITY TO PAY ACTUAL TRANSPORTATION AND OTHER EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE OF PERSONS "SERVING WHILE AWAY FROM THEIR HOMES" IN AN ADVISORY CAPACITY WITH OTHER COMPENSATION FROM THE UNITED STATES, SUCH A PERSON PERFORMING OFFICIAL DUTIES AT A PLACE NEAR HIS HOME NOT WITHIN THE 2 MILE LIMIT SPECIFIED IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS MAY BE PAID ACTUAL EXPENSES OF TRANSPORTATION BETWEEN HIS HOME AND OFFICIAL STATION AND PER DIEM IN LIEU OF SUBSISTENCE PROVIDED HIS HOME IS NOT AT A POINT ADJACENT TO AND GENERALLY REGARDED AS A PART OF THE METROPOLITAN AREA OF HIS OFFICIAL STATION. 22 COMP. GEN. 129, DISTINGUISHED. WHERE THE STATUTORY AUTHORITY TO PAY THE TRANSPORTATION EXPENSES OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES IN AN ADVISORY CAPACITY WITHOUT OTHER COMPENSATION FROM THE UNITED STATES IS LIMITED TO ACTUAL EXPENSES OF TRANSPORTATION, SUCH A PERSON WHO PERFORMS OFFICIAL TRAVEL BY PRIVATELY OWNED AUTOMOBILE IS ENTITLED ONLY TO THE ACTUAL EXPENSES OF OPERATION THEREOF, AND NOT TO A COMMUTATION IN THE FORM OF A MILEAGE ALLOWANCE IN LIEU OF SUCH ACTUAL EXPENSES. 21 COMP. GEN. 409, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO ALBERT D. MISLER, OFFICE FOR EMERGENCY MANAGEMENT, DECEMBER 7, 1942:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1942, AS FOLLOWS:

THE ATTACHED BUREAU VOUCHERS FOR $41.15 AND $279.61 IN FAVOR OF PHILIP G. RUST, PRINCIPAL INDUSTRIAL SPECIALIST, COVERING REIMBURSEMENT FOR TRAVEL PERFORMED DURING THE PERIODS MARCH 10 THROUGH APRIL 17 AND MAY 25 THROUGH JUNE 30, RESPECTIVELY, TOGETHER WITH SUPPORTING DOCUMENTS HAVE BEEN PRESENTED TO THIS OFFICE FOR PAYMENT.

MR. RUST, WHOSE HOME IS SITUATED IN GRANOGUE, DELAWARE, IS SERVING WITH THE WAR PRODUCTION BOARD ON $1 PER ANNUM BASIS. THE VOUCHERS PRESENTED FOR PAYMENT REPRESENT CLAIMS FOR MILEAGE AND PER DIEM INCURRED SUBSTANTIALLY IN TRAVELING DAILY BETWEEN GRANOGUE AND WILMINGTON, DELAWARE, A DISTANCE OF 7 1/2 MILES. THE TRAVEL ON A MILEAGE BASIS DURING THE PERIOD MARCH 10 THROUGH APRIL 15, 1942, WAS PERFORMED WITHOUT PRIOR AUTHORIZATION REQUIRED BY THE MILEAGE ACT, APPROVED FEBRUARY 14, 1931, AS AMENDED APRIL 25, 1941, 54 STAT. 167. THE TRAVEL SUBSEQUENT TO APRIL 17, 1942, WAS PERFORMED PURSUANT TO TRAVEL AUTHORIZATION OEMPM-7093A. THIS TRAVEL AUTHORIZATION, A COPY OF WHICH IS ATTACHED, AUTHORIZES "TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM GRANOGUE, DELAWARE, TO ANY AND ALL POINTS WITHIN THE STATES OF DELAWARE, PENNSYLVANIA, MARYLAND, NEW JERSEY AND RETURN, VISITING THESE POINTS IN SUCH ORDER AND AS OFTEN AS MAY BE NECESSARY.' REIMBURSEMENT AT FIVE CENTS PER MILE AND $10.00 PER DIEM IN LIEU OF SUBSISTENCE IS AUTHORIZED.

SINCE MR. RUST'S APPOINTMENT ON A $1 PER ANNUM BASIS WAS EFFECTIVE APRIL 7, 1942, TRAVEL PRIOR TO THAT DATE WAS PERFORMED WHILE HE WAS SERVING WITHOUT COMPENSATION. THE CIRCUMSTANCES UNDER WHICH THE TRAVEL COVERED BY THE ATTACHED VOUCHERS WAS PERFORMED PRESENTS SEVERAL PROBLEMS.

THE SECOND SUPPLEMENTAL CIVIL FUNCTIONS APPROPRIATIONS ACT, 1941, APPROVED OCTOBER 9, 1940, UNDER THE HEADING " COUNCIL OF NATIONAL DEFENSE" PROVIDES IN PART:

"THE APPROPRIATION FOR THE EXPENSES OF THE COUNCIL OF NATIONAL DEFENSE CONTAINED IN THE " FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941" APPROVED JUNE 26, 1940 * * * SHALL BE AVAILABLE FOR THE PAYMENT OF ACTUAL TRANSPORTATION EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES OF MEMBERS OF THE COMMISSION, SUBORDINATE BODIES OF THE COUNCIL, PERSONS SERVING AT $1 PER ANNUM AND PERSONS SERVING WHILE AWAY FROM THEIR HOMES, WITHOUT COMPENSATION FROM THE UNITED STATES *

THIS PROVISION WAS INCORPORATED BY REFERENCE IN THE SECOND DEFICIENCY APPROPRIATION ACT, 1941, APPROVED JULY 3, 1941, AND THE THIRD SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1942, APPROVED DECEMBER 17, 1941. THE FIRST SUPPLEMENTAL NATIONAL DEFENSE ACT OF 1943, APPROVED JULY 25, 1942, PROVIDES IN PART:

"FOR ALL NECESSARY EXPENSES OF THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT * * * AND ACTUAL TRANSPORTATION AND OTHER EXPENSES NOT TO EXCEED $10 (UNLESS OTHERWISE SPECIFIED) PER DIEM IN LIEU OF SUBSISTENCE, OF PERSONS SERVING WHILE AWAY FROM THEIR PERMANENT HOMES OR REGULAR PLACES OF BUSINESS IN AN ADVISORY CAPACITY TO OR EMPLOYED BY ANY OF SUCH AGENCIES WITHOUT OTHER COMPENSATION FROM THE UNITED STATES, OR AT $1 PER ANNUM * * *"

IN A DECISION RENDERED AUGUST 8, 1942, B-27678 (4), TO AN AUTHORIZED CERTIFYING OFFICER OF THE OFFICE OF PRICE ADMINISTRATION IT WAS HELD THAT WITHOUT A COMPENSATION CONSULTANT LIVING IN BETHESDA, MARYLAND AND PERFORMING DUTIES IN WASHINGTON WAS NOT SERVING AWAY FROM HIS HOME WITHIN THE PURVIEW OF THE ACT CITED ABOVE, SINCE BETHESDA, MARYLAND, WAS ADJACENT TO AND CONSIDERED A PART OF THE METROPOLITAN AREA OF WASHINGTON. THIS DECISION, OF COURSE, DOES NOT CLARIFY THE POINT AT WHICH THE LINE OF DEMARCATION IS TO BE DRAWN. WHILE GRANOGUE, DELAWARE IS NOT IMMEDIATELY ADJACENT TO WILMINGTON, THE DISTANCE TRAVELED DAILY BY MR. RUST IS LESS THAN THAT WHICH RESIDENTS OF BETHESDA ARE REQUIRED TO TRAVEL IN REPORTING FOR DUTY IN WASHINGTON. THERE IS, THEREFORE, FOR CONSIDERATION THE QUESTION WHETHER MR. RUST IS ENTITLED TO REIMBURSEMENT FOR MILEAGE AND PER DIEM IN LIEU OF SUBSISTENCE INCURRED DAILY IN TRAVELING BETWEEN GRANOGUE AND WILMINGTON WHILE PERFORMING OFFICIAL DUTIES AT WILMINGTON.

THE ACTS CITED ABOVE PROVIDE THAT ACTUAL TRANSPORTATION AND OTHER NECESSARY EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE ARE REIMBURSABLE TO PERSONS SERVING AT $1 PER ANNUM AND PERSONS SERVING AWAY FROM THEIR HOMES WITHOUT COMPENSATION FROM THE UNITED STATES.

IN A DECISION RENDERED TO THE COMMISSION OF FINE ARTS (20 C.G. 361) IT WAS HELD THAT SINCE THE APPLICABLE APPROPRIATION ACTS EXPRESSLY PROVIDE FOR REIMBURSEMENT FOR ACTUAL TRANSPORTATION EXPENSES OF MEMBERS OF THE COMMISSION (WHO WERE SERVING WITHOUT COMPENSATION FROM THE UNITED STATES), INCURRED IN ATTENDING MEETINGS OF THE COMMISSION,THERE WAS NO AUTHORITY FOR REIMBURSEMENT OF SUCH EXPENSES ON A COMMUTED BASIS.

HOWEVER, IN AN OPINION RENDERED TO THE SECRETARY OF WAR (21 C.G. 409), IT WAS HELD THAT IF THE TRAVELER WAS NOT IN THE FEDERAL SERVICE, THAT IS, IF HE IS NOT OCCUPYING A POSITION OF HONOR AND TRUST HIS TRANSPORTATION AND TRAVELING EXPENSES ARE NOT SUBJECT TO THE GENERAL RESTRICTIONS REQUIRED BY STATUTE, THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE RULES GENERALLY APPLICABLE TO OFFICERS AND EMPLOYEES OF THE UNITED STATES, BUT HIS RIGHT TO REIMBURSEMENT IS CONFINED TO THE TERMS OF THE AGREEMENT UNDER WHICH THE TRAVEL WAS PERFORMED. IN THAT CASE REIMBURSEMENT WAS ALLOWED ON A MILEAGE BASIS NOTWITHSTANDING THE FACT THAT THE TRAVEL ORDER DID NOT AUTHORIZE TRAVEL ON A MILEAGE BASIS NOR WAS THERE ANY EVIDENCE THAT THERE HAD BEEN ANY AGREEMENT FOR REIMBURSEMENT FOR TRAVEL ON ANY BASIS OTHER THAN COMMERCIAL AIRCRAFT OR RAIL AS SPECIFIED IN THE TRAVEL ORDER. THE APPROPRIATION SOUGHT TO BE CHARGED PROVIDED THAT IT WAS TO BE AVAILABLE FOR THE PAYMENT OF "ACTUAL TRANSPORTATION EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES WITHOUT OTHER COMPENSATION IN AN ADVISORY CAPACITY TO THE SECRETARY OF WAR * * *.' ( ITALICS SUPPLIED)

THE PROVISO IN THIS APPROPRIATION ACT IS SIMILAR TO THAT WHICH IS CONTAINED IN THE APPROPRIATION ACTS CITED ABOVE MAKING FUNDS AVAILABLE TO THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT. AGAIN, IN THE DECISION, NUMBER B-28302, DATED SEPTEMBER 2, 1942, RENDERED TO THE LIAISON OFFICER FOR EMERGENCY MANAGEMENT, IT WAS HELD THAT IN VIEW OF THE LANGUAGE OF THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, THE AUTHORITY PROVIDED BY LAW FOR THE PAYMENT OF ACTUAL TRANSPORTATION EXPENSES OF PERSONS WHO SERVE ANY OF THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT IS EXCLUSIVE OF ALL OTHER AUTHORITY TO PAY FOR TRANSPORTATION EXPENSES. FURTHERMORE, IT WAS HELD THAT UNLESS A COMMUTATION ALLOWANCE FOR TRANSPORTATION OR SUBSISTENCE EXPENSES FOR PERSONS TRAVELING FOR THE GOVERNMENT BE SPECIFICALLY AUTHORIZED BY LAW, REIMBURSEMENT MAY BE MADE ONLY ON AN ACTUAL EXPENSE BASIS.

BECAUSE THE LANGUAGE CONTAINED IN THE WAR DEPARTMENT APPROPRIATION ACT CITED IN 21 C.G. 409, AND APPROPRIATION ACTS OF THE OFFICE FOR EMERGENCY MANAGEMENT QUOTED ABOVE, IN RESPECT TO THE TYPE OF EXPENSES WHICH ARE REIMBURSABLE TO PERSONS SERVING WITHOUT COMPENSATION ON A $1 A YEAR BASIS ARE IDENTICAL, AND SINCE THE DECISIONS RENDERED ON THIS QUESTION TO THE SECRETARY OF WAR AND THE LIAISON OFFICER FOR EMERGENCY MANAGEMENT APPEAR TO BE CONFLICTING, CONSIDERABLE CONFUSION HAS ARISEN IN RESPECT TO WHAT TRAVEL EXPENSES ARE PROPERLY REIMBURSABLE TO PERSONS SERVING THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT, ON A $1 A YEAR BASIS OR WITHOUT COMPENSATION. ACCORDINGLY, WE WOULD APPRECIATE YOUR REPLIES TO THE FOLLOWING QUESTIONS:

1. IN VIEW OF THE PROXIMITY OF GRANOGUE TO WILMINGTON, DELAWARE, WOULD YOUR OFFICE BE REQUIRED TO OBJECT TO THE PAYMENT OF MILEAGE AND PER DIEM TO MR. RUST FOR TRAVEL BETWEEN THESE POINTS AND PER DIEM WHILE PERFORMING OFFICIAL DUTIES AT WILMINGTON, AND WHAT IS THE BASIS FOR DETERMINING WHERE THE LINE OF DEMARCATION IS TO BE DRAWN?

2. IN VIEW OF THE LANGUAGE OF THE APPROPRIATION ACTS PROVIDING FUNDS FOR THE OFFICE FOR EMERGENCY MANAGEMENT MAY A PERSON SERVING ON A $1 A YEAR BASIS WITHOUT COMPENSATION WHEN PREVIOUSLY AUTHORIZED TO PERFORM TRAVEL IN A PRIVATELY OWNED AUTOMOBILE, BE REIMBURSED ON A MILEAGE BASIS INSTEAD OF ACTUAL TRANSPORTATION COSTS?

3. FROM TIME TO TIME IT BECOMES NECESSARY FOR THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT TO AUTHORIZE PROSPECTIVE EMPLOYEES TO PERFORM TRAVEL PRIOR TO THE DATE OF THEIR APPOINTMENTS. DURING THIS PERIOD THEY RECEIVE NO COMPENSATION. MAY THESE TRAVELERS BE AUTHORIZED TO TRAVEL IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PRIOR TO THE EFFECTIVE DATE OF THEIR APPOINTMENTS? IF NOT, ON WHAT BASIS COULD REIMBURSEMENT BE MADE FOR TRAVEL PERFORMED ON OFFICIAL BUSINESS?

ON THE VOUCHER FOR $41.15, COVERING THE PERIOD MARCH 10 TO APRIL 17, 1942, MR. RUST MAKES NO CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE BUT DOES MAKE CLAIM FOR MILEAGE FOR USE OF A PRIVATELY-OWNED AUTOMOBILE BETWEEN HIS HOME GRANOGUE, DELAWARE, AND WILMINGTON, DELAWARE, AND RETURN, AND ALSO, FOR ACTUAL TRANSPORTATION EXPENSES BY COMMON CARRIER WHILE TRAVELING AWAY FROM HIS HOME TO VARIOUS OTHER CITIES. ON THE VOUCHER FOR $279.61, COVERING THE PERIOD MAY 25 TO JUNE 30, 1942, HE CLAIMS MILEAGE FOR USE OF PRIVATELY-OWNED AUTOMOBILE, TRANSPORTATION EXPENSES BY COMMON CARRIER, AND A NUMBER OF ITEMS FOR PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $10, WHILE TRAVELING BY COMMON CARRIER TO A NUMBER OF CITIES AND, ALSO, FOR CERTAIN DAYS WHICH HE SPENT IN WILMINGTON TO WHICH HE TRAVELED FROM HIS HOME BY PRIVATELY-OWNED AUTOMOBILE.

REFERRING TO QUESTION 1, THE RULE STATED IN THE DECISION OF AUGUST 8, 1942, 22 COMP. GEN. 129 (B-27674), TO WHICH YOU REFER, IS AS FOLLOWS (QUOTING FROM THE SYLLABUS):

WHERE THE STATUTORY AUTHORITY TO PAY ACTUAL TRANSPORTATION AND OTHER EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE OF PERSONS SERVING IN AN ADVISORY CAPACITY WITHOUT OTHER COMPENSATION FROM THE UNITED STATES IS LIMITED TO PERIODS DURING WHICH THEY ARE AWAY FROM THEIR HOMES, A PERSON SERVING IN SUCH AN ADVISORY CAPACITY WHOSE HOME IS AT BETHESDA, MD.--- A PLACE GENERALLY AND COMMONLY REGARDED AS BEING A SUBURB AND A PART OF THE METROPOLITAN AREA OF WASHINGTON, D.C.--- IS NOT ENTITLED TO A PER DIEM IN LIEU OF SUBSISTENCE FOR DUTY PERFORMED IN WASHINGTON, D.C., WHICH MUST BE REGARDED AS HIS HOME.

UNDER THE STATUTORY AUTHORITY TO PAY ACTUAL TRANSPORTATION AND OTHER EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE OF PERSONS "SERVING WHILE AWAY FROM THEIR HOMES" IN AN ADVISORY CAPACITY WITHOUT OTHER COMPENSATION FROM THE UNITED STATES, SUCH A PERSON MAY NOT BE PAID A PER DIEM IN LIEU OF SUBSISTENCE DURING A PERIOD OF DUTY AT THE PLACE WHERE HIS HOME IS LOCATED, EVEN THOUGH ANOTHER PLACE HAS BEEN DESIGNATED AS HIS OFFICIAL HEADQUARTERS. THE RULE STATED IN SAID DECISION WOULD BE APPLICABLE HERE ONLY IF GRANOGUE, DELAWARE, IS CONSIDERED A PART OF THE METROPOLITAN AREA OF WILMINGTON, DELAWARE. REFERENCE TO THE RAND-MCNALLY ATLAS DOES NOT DISCLOSE THAT THE TWO PLACES NAMED ARE ADJACENT, OR THAT THE FORMER IS REGARDED AS A PART OF THE METROPOLITAN AREA OF THE LATTER. IT IS NOT THE DISTANCE TO BE TRAVELED THAT NECESSARILY CONTROLS--- EXCEPT AS TO THE 2-MILE LIMITATION PRESCRIBED IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS--- BUT RATHER THE FACT OF WHETHER THE HOME OR RESIDENCE OF A PERSON IS AT A POINT GENERALLY AND COMMONLY REGARDED AS A PART OF THE OFFICIAL STATION TO WHICH HE HAS BEEN ASSIGNED. THE PURPOSE OF APPROPRIATION PROVISIONS SUCH AS HERE INVOLVED IS TO REIMBURSE A TRAVELER FOR ANY ADDITIONAL COST OF TRANSPORTATION, SUBSISTENCE, AND OTHER EXPENSES TO WHICH HE MAY BE PUT BY REASON OF HIS TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS HOME. IF HIS HOME OR RESIDENCE BE LOCATED AT A POINT GENERALLY REGARDED AS PART OF THE CITY OR TOWN WHERE HE IS REQUIRED TO PERFORM OFFICIAL BUSINESS AND HE WOULD ORDINARILY COMMUTE FROM HIS RESIDENCE TO PERFORM OFFICIAL BUSINESS IN THAT CITY THERE IS NO JUSTIFICATION OR AUTHORITY FOR MAKING REIMBURSEMENT TO HIM FOR TRANSPORTATION OR PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES. THE CLAIM FOR MILEAGE WILL BE CONSIDERED IN ANSWERING QUESTION 2. GRANOGUE, THE HOME OF THE TRAVELER, NEED NOT BE REGARDED AS A PART OF WILMINGTON, THE ITEMS FOR PER DIEM MAY BE ALLOWED, IF OTHERWISE CORRECT.

IN DECISION OF JANUARY 13, 1941, 20 COMP. GEN. 361, TO WHICH YOU REFER, IT WAS HELD (QUOTING FROM THE SYLLABUS):

A COMMUTATION OF ACTUAL SUBSISTENCE EXPENSES WHILE TRAVELING IS NEVER ALLOWABLE EXCEPT WHEN AUTHORIZED BY STATUTE. THE PROVISION OF THE SUBSISTENCE EXPENSE ACT OF 1926, AS AMENDED, AUTHORIZING A COMMUTATION OF ACTUAL SUBSISTENCE EXPENSES HAS APPLICATION ONLY TO "CIVILIAN OFFICERS AND EMPLOYEES" OF THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT.

SINCE THE ACT OF MAY 17, 1910, CREATING THE COMMISSION OF FINE ARTS, AND THE ACTS MAKING APPROPRIATIONS FOR THE EXPENSES OF THE COMMISSION EXPRESSLY PROVIDE THAT TRAVEL EXPENSES OF MEMBERS OF THE COMMISSION IN ATTENDING MEETINGS OF THE COMMISSION SHALL BE REIMBURSED ON AN ACTUAL EXPENSE BASIS, REIMBURSEMENT OF SUCH EXPENSES ON A COMMUTED BASIS IS UNAUTHORIZED.

IN THE DECISION OF SEPTEMBER 2, 1942, B-28302, TO WHICH, ALSO, YOU REFER, IT WAS HELD AS OLLOWS:

THE AUTHORITY THUS PROVIDED BY LAW FOR PAYMENT OF ACTUAL TRANSPORTATION EXPENSES OF PERSONS WHO SERVE ANY OF THE CONSTITUENT AGENCIES OF THE OFFICE FOR EMERGENCY MANAGEMENT, INCLUDING THE OFFICE OF CIVILIAN DEFENSE, WITHOUT COMPENSATION, IS EXCLUSIVE OF ALL OTHER AUTHORITY TO PAY FOR TRANSPORTATION EXPENSES. COMPARE DECISION OF AUGUST 8, 1942, B-27674, 22 COMP. GEN. (129). FURTHERMORE, IT HAS BEEN HELD THAT UNLESS A COMMUTATION ALLOWANCE FOR TRANSPORTATION OR SUBSISTENCE EXPENSE OF PERSONS TRAVELING FOR THE GOVERNMENT BE SPECIFICALLY AUTHORIZED BY LAW, REIMBURSEMENT MAY BE MADE ONLY ON AN ACTUAL EXPENSE BASIS. 4 COMP. GEN. 735; 15 ID. 206; 18 ID. 588; 20 ID. 361.

IN OTHER WORDS, WHERE A STATUTE OR APPROPRIATION ACT SPECIFICALLY LIMITS REIMBURSEMENT OF TRANSPORTATION EXPENSES TO AN ACTUAL EXPENSE BASIS, NO COMMUTATION, IN THE FORM OF A MILEAGE ALLOWANCE FOR USE OF A PRIVATELY- OWNED AUTOMOBILE, MAY BE PAID. THE CASE CONSIDERED IN 21 COMP. GEN. 409, TO WHICH YOU REFER, INVOLVED A PERSON TRAVELING ON OFFICIAL BUSINESS WHO WAS NOT AN OFFICER OR EMPLOYEE OF THE GOVERNMENT. THE DECISION APPLIED THE GENERAL RULES APPLICABLE IN SUCH CASES, APPARENTLY WITHOUT GIVING FULL CONSIDERATION TO THE FACT THAT THE APPROPRIATION SOUGHT TO BE CHARGED LIMITED REIMBURSEMENT TO AN ACTUAL EXPENSE BASIS. THE HOLDING IN THAT CASE THEREFORE, IS NOT FOR APPLICATION HERE. ACCORDINGLY, QUESTION 2 IS ANSWERED IN THE NEGATIVE, WITHOUT PREJUDICE TO THE FILING OF A CLAIM FOR REIMBURSEMENT OF ACTUAL EXPENSES OF TRANSPORTATION BY PRIVATELY-OWNED AUTOMOBILE, INCLUDING GAS, OIL, ETC., SUPPORTED BY SUCH EVIDENCE AS MAY BE ADDUCED TENDING TO SHOW THE AMOUNTS EXPENDED THEREFOR. OF COURSE, MR. RUST WOULD BE ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES OF TRANSPORTATION BY COMMON CARRIER WHILE SERVING AWAY FROM HIS HOME.

AS QUESTION 3 DOES NOT APPEAR TO BE INVOLVED IN THE VOUCHERS PRESENTED, NO ANSWER THERETO APPEARS REQUIRED AT THIS TIME. HOWEVER, IN THAT CONNECTION, SEE, GENERALLY, 8 COMP. GEN. 465, AND DECISION OF NOVEMBER 20, 1942, B-30228, TO THE LIAISON OFFICER, OFFICE FOR EMERGENCY MANAGEMENT.

THE VOUCHERS FORWARDED WITH YOUR LETTER--- AND WHICH ARE RETURNED HEREWITH--- MAY NOT BE CERTIFIED FOR PAYMENT IN THEIR PRESENT FORM.