B-59891, SEPTEMBER 6, 1946, 26 COMP. GEN. 157

B-59891: Sep 6, 1946

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1946: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 7. AS FOLLOWS: THERE IS ENCLOSED VOUCHER FOR $26.00 SUBMITTED BY EDWARD W. THIS AMOUNT WAS DEDUCTED FROM HIS EXPENSE VOUCHER FOR THE PERIOD APRIL 8. WHICH WAS PAID ON BUREAU VOUCHER NO. 2209. MURPHY CONTENDS THAT THIS IS AN ITEM OF TRAVEL EXPENSE AS AUTHORIZED IN FOREIGN AND INTERNATIONAL OPERATING INSTRUCTIONS NO. 9. AS THESE REQUIREMENTS ARE DIFFERENT IN EACH COUNTRY. INFORMATION IS NOT LISTED HERE. WHEN INFORMATION IS RECEIVED IN THIS OFFICE CONCERNING THE COUNTRIES TO BE VISITED. APPLICANT WILL BE NOTIFIED IMMEDIATELY OF HEALTH REQUIREMENTS FOR HIS TRIP. PUBLIC HEALTH OFFICE AND WHEN THIS SERVICE IS NOT AVAILABLE. IN WHICH CASE THE COST IS REIMBURSABLE AS AN ITEM OF TRAVEL EXPENSE.'.

B-59891, SEPTEMBER 6, 1946, 26 COMP. GEN. 157

TRANSPORTATION - DEPENDENTS - INOCULATIONS WHILE THE COST FOR INOCULATIONS OF AN EMPLOYEE WHEN REQUIRED FOR TRAVEL BEYOND THE LIMITS OF THE UNITED STATES CONSTITUTES A REIMBURSABLE TRAVEL EXPENSE UNDER PARAGRAPH 75 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE COST OF INOCULATIONS FOR MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY INCIDENT TO A PERMANENT CHANGE OF STATION BEYOND THE LIMITS OF THE UNITED STATES MAY NOT BE CONSIDERED AS AN EXPENSE OF "TRANSPORTATION" FOR WHICH HE WOULD BE ENTITLED TO REIMBURSEMENT UNDER SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, AND EXECUTIVE ORDER NO. 9587, ISSUED THEREUNDER.

COMPTROLLER GENERAL WARREN TO DOROTHY D. FORD, DEPARTMENT OF COMMERCE, SEPTEMBER 6, 1946:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 7, 1946, AS FOLLOWS:

THERE IS ENCLOSED VOUCHER FOR $26.00 SUBMITTED BY EDWARD W. MURPHY, JR. CLAIMING REIMBURSEMENT FOR VACCINATIONS AND INJECTIONS FOR HIMSELF AND FAMILY IN CONNECTION WITH HIS TRANSFER FROM FORT WORTH, TEXAS, TO LIMA, PERU.

AS SHOWN ON THE ATTACHED FORM ACA-80, THIS AMOUNT WAS DEDUCTED FROM HIS EXPENSE VOUCHER FOR THE PERIOD APRIL 8, TO APRIL 15, 1946, WHICH WAS PAID ON BUREAU VOUCHER NO. 2209, D.O. VOUCHER NO. 1064740 ON JUNE 18, 1946 BY E. J. BRENNAN, SYMBOL 200-1055.

MR. MURPHY CONTENDS THAT THIS IS AN ITEM OF TRAVEL EXPENSE AS AUTHORIZED IN FOREIGN AND INTERNATIONAL OPERATING INSTRUCTIONS NO. 9, ITEM 4, WHICH READS AS FOLLOWS:

"4. HEALTH CERTIFICATES. VARIOUS GOVERNMENTS REQUIRE HEALTH CERTIFICATES FOR ENTRY. AS THESE REQUIREMENTS ARE DIFFERENT IN EACH COUNTRY, INFORMATION IS NOT LISTED HERE. HOWEVER, WHEN INFORMATION IS RECEIVED IN THIS OFFICE CONCERNING THE COUNTRIES TO BE VISITED, APPLICANT WILL BE NOTIFIED IMMEDIATELY OF HEALTH REQUIREMENTS FOR HIS TRIP. INOCULATIONS AND OTHER HEALTH SAFEGUARDS MAY BE OBTAINED FROM U.S. PUBLIC HEALTH OFFICE AND WHEN THIS SERVICE IS NOT AVAILABLE, FROM PRIVATE PHYSICIANS, IN WHICH CASE THE COST IS REIMBURSABLE AS AN ITEM OF TRAVEL EXPENSE.'

EXECUTIVE ORDER 9587 AUTHORIZES TRANSPORTATION OF THE IMMEDIATE FAMILY OF AN EMPLOYEE SUBJECT TO THE PROVISIONS OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THESE REGULATIONS PROVIDE FOR REIMBURSEMENT TO EMPLOYEES COVERING CHARGES FOR INOCULATIONS.

THERE IS NO QUESTION AS TO THE PAYMENT OF THE CHARGES FOR THE VACCINATIONS AND INJECTIONS FOR THE EMPLOYEE HIMSELF. HOWEVER, INASMUCH AS THE ADMINISTRATIVE INSTRUCTIONS QUOTED ABOVE AND THE PROVISIONS OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WERE ISSUED ONLY IN CONNECTION WITH GOVERNMENT EMPLOYEES, AND AS I KNOW OF NO REGULATIONS WHICH COVER THIS SPECIFIC QUESTION, I RESPECTFULLY REQUEST THAT YOU ADVISE WHETHER OR NOT THE COST OF THE INOCULATIONS FOR THE FAMILY MAY BE CONSIDERED AS AN ITEM OF TRAVEL EXPENSE AS AUTHORIZED UNDER EXECUTIVE ORDER NO. 9587, AND THE VOUCHER PAID AS SUBMITTED.

ATTACHED TO THE VOUCHER IS A RECEIPTED BILL WHICH ITEMIZES THE INOCULATION CHARGES, AS FOLLOWS:

CHART JANUARY 1946--- MR. E. W. MURPHY, TYPHOID AND

SMALLPOX VACCINE ------------------------$7.00 JANUARY 1946--- MRS. E. W. MURPHY, TYPHOID AND

SMALLPOX VACCINE ------------------------ 7.00 JANUARY 1946--- MICHAEL MURPHY, TYPHOID VACCINE ------- 6.00 JANUARY 1946--- PATRICIA ANN MURPHY, TYPHOID VACCINE - 6.00

26.00

SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, 59 STAT. 106, 131, PROVIDES AS FOLLOWS:

SEC. 201. (A) APPROPRIATIONS FOR THE FISCAL YEAR 1946 AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS SHALL BE AVAILABLE ALSO FOR EXPENSES OF TRAVEL PERFORMED BY THEM INCLUDING EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATELY FAMILIES IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, ON TRANSFER FROM ONE 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.

PURSUANT TO THE ABOVE AUTHORITY THE PRESIDENT ISSUED EXECUTIVE ORDER NO. 9587, DATED JULY 6, 1945, WHICH PROVIDES, IN PERTINENT PART (1PART II, SECTION 2):

THE TRANSPORTATION OF THE IMMEDIATE FAMILY OF AN OFFICER OR EMPLOYEE SHALL BE SUBJECT TO THOSE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH RELATE TO TRANSPORTATION. * *

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, PROVIDE, IN PERTINENT PART (X, MISCELLANEOUS EXPENSES, 75. DEFINITION), AS FOLLOWS:

* * * AND WHEN REQUIRED FOR TRAVEL BEYOND THE LIMITS OF THE UNITED STATES * * * CHARGES FOR INOCULATION WILL BE ALLOWED WHEN AUTHORIZED OR APPROVED BY THE ADMINISTRATIVE OFFICIAL.

WHILE THE ABOVE-QUOTED STATUTORY PROVISION AUTHORIZES THE PAYMENT OF "EXPENSES OF TRAVEL" OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENT AND INDEPENDENT ESTABLISHMENTS ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER, IT LIMITS THE PAYMENT OF EXPENSES INCURRED BY THEIR IMMEDIATE FAMILIES IN CONNECTION WITH SUCH TRANSFER TO "EXPENSES OF TRANSPORTATION.' THAT LIMITATION IS RECOGNIZED IN THE EXECUTIVE ORDER, SUPRA, WHEREIN IT IS PROVIDED THAT ONLY THE PROVISIONS OF THE TRAVEL REGULATIONS "WHICH RELATE TO TRANSPORTATION" ARE TO BE APPLICABLE TO THE TRANSPORTATION OF THE IMMEDIATE FAMILIES OF THE EMPLOYEES.

CLEARLY, UNDER THE LAW AND REGULATIONS, NECESSARY INOCULATION CHARGES CONSTITUTE A TRAVEL EXPENSE FOR WHICH AN EMPLOYEE IS ENTITLED TO BE REIMBURSED, PROVIDED THE CHARGES FOR INOCULATION BE AUTHORIZED OR APPROVED BY THE PROPER OFFICIAL, AS REQUIRED BY PARAGRAPH 75 OF THE TRAVEL REGULATIONS; HOWEVER, SUCH CHARGES MAY NOT BE CONSIDERED AS COMING WITHIN THE PURVIEW OF THE TERM ,EXPENSES OF TRANSPORTATION" AS USED IN SECTION 201 (A) OF THE APPROPRIATION ACT OR OF THE TERM ,TRANSPORTATION" AS USED IN SECTION 2 OF THE EXECUTIVE ORDER, SUPRA. THE TERM "TRANSPORTATION" ORDINARILY CONNOTES THE ALLOWANCE OF COMMON CARRIER FARES ONLY AND WHILE PARAGRAPH 8 OF THE TRAVEL REGULATIONS BROADENS THE MEANING SO AS TO INCLUDE CERTAIN EXPENSES INCIDENT THERETO, THERE IS NO BASIS FOR CONSTRUING IT SO AS TO INCLUDE INOCULATION CHARGES, EVEN THOUGH THEY MAY BE REQUIRED--- AS A NECESSARY TRAVEL EXPENSE--- BEFORE AN EMPLOYEE OR HIS FAMILY ARE PERMITTED TO UNDERTAKE THE AUTHORIZED TRAVEL.

ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT IN EXCESS OF $7, THE CHARGE MADE FOR INOCULATION OF MR. MURPHY, PROVIDED, OF COURSE, THAT CHARGE BE APPROVED BY THE ADMINISTRATIVE OFFICIAL AS REQUIRED BY PARAGRAPH 75 OF THE TRAVEL REGULATIONS.