A-3051, MARCH 19, 1969, 48 COMP. GEN. 622

A-3051, MARCH 19, 1969, 48 COMP. GEN. 622

CUSTOMS--EMPLOYEES--OVERTIME SERVICES--TRAVEL EXPENSES THE TRAVEL AND SUBSISTENCE EXPENSES INCURRED BY BUREAU OF CUSTOMS BORDER CLEARANCE INSPECTORS INCIDENT TO A NONREGULAR OVERTIME UNLADING ASSIGNMENT AT MCGUIRE AIR FORCE BASE, NEW JERSEY, AND BILLED TO THE DEPARTMENT OF THE AIR FORCE IN ACCORDANCE WITH THE BUREAU'S REGULATIONS MAY BE PAID BY THE DEPARTMENT, THE PROVISIONS OF THE REGULATIONS CONFORMING TO THE AUTHORITY IN 19 U.S.C. 1447 PRESCRIBING REIMBURSEMENT TO THE GOVERNMENT BY A PARTY IN INTEREST FOR EXPENSES INCURRED BY INSPECTORS ON NONREGULAR ASSIGNMENTS AT A PLACE OTHER THAN A PORT OF ENTRY. THE FACT THAT THE TRAVEL AND SUBSISTENCE EXPENSES MAY BE INCURRED WHEN EMPLOYEES ARE ENTITLED TO PREMIUM PAY DOES NOT AFFECT THE PROPRIETY OF THE REGULATIONS.

TO W. H. THOMAS, DEPARTMENT OF THE AIR FORCE, MARCH 19, 1969:

THIS IS IN REPLY TO YOUR REQUEST OF JANUARY 13, 1969, REFERENCE G438BAF (COM'L SVCS-4050), FOR A DECISION AS TO WHETHER YOU MAY PAY A VOUCHER FOR $565.10, REPRESENTING TRAVEL AND SUBSISTENCE ITEMS ON BILLING DOCUMENTS FROM THE BUREAU OF CUSTOMS FOR BORDER CLEARANCE INSPECTORS. THE ITEMS WERE BILLED IN CONNECTION WITH THE OVERTIME SERVICES OF INSPECTORS NOT REGULARLY ASSIGNED TO MCGUIRE AIR FORCE BASE, NEW JERSEY. PAYMENT HAS NOT BEEN MADE SINCE IT IS BELIEVED THE CHARGES ARE IMPROPER IN VIEW OF OUR DECISIONS 3 COMP. GEN. 960 AND 43 ID. 101.

IN 3 COMP. GEN. 960 AND 43 ID. 101, WE HELD THAT THE TRAVEL AND SUBSISTENCE EXPENSES OF CUSTOMS EMPLOYEES INCIDENT TO THE UNLOADING OF A VESSEL OR VEHICLE AT NIGHT, ON A SUNDAY OR HOLIDAY ARE NOT CHARGEABLE TO THE MASTER, OWNER OR AGENT OF THE VESSEL OR VEHICLE UNDER SECTION 451 OF THE TARIFF ACT OF 1930, AS AMENDED, 19 U.S.C. 1451, RELATING TO MERCHANDISE, BAGGAGE, OR PASSENGERS (SEE 19 U.S.C. 1450), WHICH REQUIRES REIMBURSEMENT OF THE PREMIUM PAY AND EXPENSES OF CUSTOMS EMPLOYEES DURING THE TIMES STATED TO BE MADE IN ACCORDANCE WITH THE PROVISIONS OF 19 U.S.C. 267. OUR DECISIONS HELD ONLY THAT THE STATUTORY PROVISIONS CITED DID NOT IN AND OF THEMSELVES AUTHORIZE REIMBURSEMENT OF THE TRAVEL AND SUBSISTENCE EXPENSES OF CUSTOMS EMPLOYEES INCIDENT TO SERVICES PERFORMED DURING THE TIMES SPECIFIED THEREIN.

SECTION 447 OF THE TARIFF ACT OF 1930, AS AMENDED, 19 U.S.C. 1447, PROVIDES THAT COMMISSIONER OF CUSTOMS MAY PERMIT ENTRY OF A VESSEL AT A PLACE OTHER THAN A PORT OF ENTRY AND THAT WHEN SUCH PERMISSION IS GRANTED, AND THE VESSEL LADEN WITH MERCHANDISE IN BULK PROCEEDS TO A PLACE DESIGNATED BY THE SECRETARY OF THE TREASURY FOR THE PURPOSE OF UNLADING UNDER THE SUPERVISION OF CUSTOMS OFFICERS, THE COMPENSATION AND EXPENSES OF SUCH OFFICERS SHALL BE REIMBURSED TO THE GOVERNMENT BY THE PARTY IN INTEREST.

BUREAU OF CUSTOMS REGULATIONS, WHICH APPEAR IN TITLE 19, CODE OF FEDERAL REGULATIONS, READ IN PERTINENT PART AS FOLLOWS: SEC. 24.17 OTHER SERVICES OF OFFICERS: REIMBURSABLE.

(A) AMOUNTS OF COMPENSATION AND EXPENSES CHARGEABLE TO PARTIES-IN INTEREST IN CONNECTION WITH SERVICES RENDERED BY CUSTOMS OFFICERS OR EMPLOYEES DURING REGULAR HOURS OF DUTY OR ON CUSTOMS OVERTIME ASSIGNMENTS (19 U.S.C. 267, 1451), UNDER ONE OR MORE OF THE FOLLOWING CIRCUMSTANCES SHALL BE COLLECTED FROM SUCH PARTIES-IN-INTEREST AND DEPOSITED BY COLLECTORS OF CUSTOMS AS REPAYMENTS TO THE APPROPRIATION FROM WHICH PAID.

(5) WHEN A CUSTOMS OFFICER OR EMPLOYEE IS ASSIGNED UNDER AUTHORITY OF SECTION 447, TARIFF ACT OF 1930 (19 U.S.C. 1447), TO MAKE ENTRY OF A VESSEL AT A PLACE OTHER THAN A PORT OF ENTRY OR TO SUPERVISE THE UNLADING OF CARGO, THE PRIVATE INTEREST SHALL BE CHARGE : THE FULL COMPENSATION AND AUTHORIZED TRAVEL AND SUBSISTENCE EXPENSES OF SUCH OFFICER OR EMPLOYEE FROM THE TIME HE LEAVES HIS OFFICIAL STATION UNTIL HE RETURNS THERETO.

(C) THE CHARGE FOR ANY SERVICE ENUMERATED IN THIS SECTION FOR WHICH EXPENSES ARE REQUIRED TO BE REIMBURSED SHALL INCLUDE ACTUAL TRANSPORTATION EXPENSES OF A CUSTOMS EMPLOYEE WITHIN THE PORT LIMITS AND ANY AUTHORIZED TRAVEL EXPENSES OF A CUSTOMS EMPLOYEE, INCLUDING PER DIEM, WHEN THE SERVICES ARE PERFORMED OUTSIDE THE PORT LIMITS IRRESPECTIVE OF WHETHER THE SERVICES ARE PERFORMED DURING A REGULAR TOUR OF DUTY OR DURING A CUSTOMS OVERTIME ASSIGNMENT. NO CHARGE SHALL BE MADE FOR TRANSPORTATION EXPENSES WHEN A CUSTOMS EMPLOYEE IS REPORTING TO AS A FIRST DAILY ASSIGNMENT, OR LEAVING FROM AS A LAST DAILY ASSIGNMENT, A PLACE WITHIN OR OUTSIDE THE PORT LIMITS WHERE HE IS ASSIGNED TO A REGULAR TOUR OF DUTY. * * *

THE DEPARTMENT OF THE AIR FORCE BELIEVES THE PROVISIONS IN THE ABOVE REGULATIONS RELATING TO THE REIMBURSEMENT OF TRAVEL AND SUBSISTENCE, AS WELL AS SIMILAR PROVISIONS IN PARAGRAPH 10809, AIR FORCE MANUAL 177-102, MAY BE IN CONFLICT WITH OUR DECISIONS SINCE THE SAME TERM "COMPENSATION AND EXPENSES" IS USED IN 19 U.S.C. 267, 1447 AND 1451. IT IS TO BE NOTED, HOWEVER, THAT 19 U.S.C. 1451 COVERS UNLADING BY SPECIAL LICENSE ON SUNDAYS, HOLIDAYS AND AT NIGHT AND LIMITS REIMBURSEMENT BY THE PARTY IN INTEREST IN ACCORDANCE WITH 19 U.S.C. 267, WHICH LATTER SECTION COVERS ONLY COMPENSATION OF INSPECTORS FOR SUNDAYS, HOLIDAYS AND AT NIGHT. HOWEVER, NO REFERENCE TO 19 U.S.C. 267 APPEARS IN 19 U.S.C. 1447. WHEN PERMISSION IS GRANTED TO UNLADE A VESSEL UNDER THE PROVISIONS OF 19 U.S.C. 1447, TRAVEL AND SUBSISTENCE EXPENSES ARE REIMBURSABLE BY THE PARTY IN INTEREST. THEREFORE, THE REGULATIONS CITED ABOVE ARE PROPER INASMUCH AS THEY REQUIRE REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES ONLY WHEN THEY ARE INCURRED INCIDENT TO AN INSPECTION AUTHORIZED UNDER THE PROVISIONS OF 19 U.S.C. 1447 BY EMPLOYEES WHO ARE NOT REGULARLY ASSIGNED TO THE INSPECTION SITE. THE FACT THAT THE TRAVEL AND SUBSISTENCE MAY BE INCURRED WHEN THE EMPLOYEES ARE ENTITLED TO PREMIUM PAY DOES NOT AFFECT THE PROPRIETY OF THE REGULATIONS.

IN VIEW OF THE ABOVE THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID IF OTHERWISE PROPER.