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B-122933, JUNE 24, 1957, 36 COMP. GEN. 829

B-122933 Jun 24, 1957
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TOLL PERMITS THE PURCHASE OF ANNUAL PERMITS FOR GOVERNMENT-OWNED VEHICLES USING A TOLL ROAD IS NOT IN CONTRAVENTION OF THE ADVANCE PAYMENT PROHIBITION IN SECTION 3648. THE SURVEY DISCLOSED THAT A TOTAL OF $426.10 WAS EXPENDED ON THRUWAY TOLLS DURING THAT CALENDAR YEAR. THE CHARGES WERE PAID BY THE EMPLOYEES USING THE THRUWAY. ANNUAL PERMITS FOR USE OF THE THRUWAY EFFECTIVE JANUARY 1 OF EACH YEAR ARE AVAILABLE AT A COST OF $20 PER AUTOMOBILE PAYABLE AT THE TIME OF PURCHASE. THE LETTER FURTHER STATES THAT NEED FOR USE OF THE THRUWAY BY THE FEDERAL BUREAU OF INVESTIGATION WILL CONTINUE AND EXPRESSES THE BELIEF THAT AN ANNUAL SAVING OF $326 COULD BE MADE BY UTILIZING SUCH ANNUAL PERMITS. SINCE THE PURCHASE OF ANNUAL PERMITS AT THE BEGINNING OF A CALENDAR YEAR FOR USE DURING THAT YEAR WOULD CONSTITUTE AN ADVANCE PAYMENT THE MATTER IS PRESENTED FOR OUR DETERMINATION CONCERNING THE APPLICABILITY OF SECTION 3648.

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B-122933, JUNE 24, 1957, 36 COMP. GEN. 829

PAYMENTS - ADVANCE - ANNUAL HIGHWAY, ETC., TOLL PERMITS THE PURCHASE OF ANNUAL PERMITS FOR GOVERNMENT-OWNED VEHICLES USING A TOLL ROAD IS NOT IN CONTRAVENTION OF THE ADVANCE PAYMENT PROHIBITION IN SECTION 3648, REVISED STATUTES, 31 U.S.C. 529; HOWEVER, THE PURCHASES SHOULD BE LIMITED TO THE MINIMUM NUMBER OF AUTOMOBILES NECESSARY FOR PERFORMANCE OF GOVERNMENT FUNCTIONS, AND THE PERMITS SHOULD BE TRANSFERABLE TO OTHER AUTOMOBILES AND SHOULD BE USED ENOUGH TO INSURE THAT REGULAR TOLL RATE CHARGES WOULD EQUAL OR EXCEED THE PERMIT PURCHASE PRICE.

TO THE ATTORNEY GENERAL, JUNE 24, 1957:

ON APRIL 29, 1957, THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL REQUESTED OUR DECISION AS TO WHETHER THE FEDERAL BUREAU OF INVESTIGATION MAY PURCHASE ANNUAL PERMITS FOR GOVERNMENT-OWNED VEHICLES USING THE NEW YORK STATE THRUWAY AND PAY FOR THEM ON THE DATE OF PURCHASE. THE LETTER STATES THAT THE ALBANY, NEW YORK, FIELD DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION CONDUCTED A SURVEY OF EXPENSES INCURRED DURING THE CALENDAR YEAR 1956 BY PERSONNEL OF THAT OFFICE WHO UTILIZED THE THRUWAY ON OFFICIAL BUSINESS. THE SURVEY DISCLOSED THAT A TOTAL OF $426.10 WAS EXPENDED ON THRUWAY TOLLS DURING THAT CALENDAR YEAR. THE CHARGES WERE PAID BY THE EMPLOYEES USING THE THRUWAY, REIMBURSEMENT BEING MADE ON PROPERLY JUSTIFIED INDIVIDUAL EXPENSE VOUCHERS DURING THE YEAR. ANNUAL PERMITS FOR USE OF THE THRUWAY EFFECTIVE JANUARY 1 OF EACH YEAR ARE AVAILABLE AT A COST OF $20 PER AUTOMOBILE PAYABLE AT THE TIME OF PURCHASE. THE LETTER FURTHER STATES THAT NEED FOR USE OF THE THRUWAY BY THE FEDERAL BUREAU OF INVESTIGATION WILL CONTINUE AND EXPRESSES THE BELIEF THAT AN ANNUAL SAVING OF $326 COULD BE MADE BY UTILIZING SUCH ANNUAL PERMITS. SINCE THE PURCHASE OF ANNUAL PERMITS AT THE BEGINNING OF A CALENDAR YEAR FOR USE DURING THAT YEAR WOULD CONSTITUTE AN ADVANCE PAYMENT THE MATTER IS PRESENTED FOR OUR DETERMINATION CONCERNING THE APPLICABILITY OF SECTION 3648, REVISED STATUTES.

ORDINARILY, THE DISBURSEMENT OF GOVERNMENT FUNDS IN ADVANCE OF THE RENDERING OF SERVICES OR DELIVERY OF MATERIALS FOR WHICH PAYMENT IS MADE IS PROHIBITED BY SECTION 3648, REVISED STATUTES, 31 U.S.C. 529. THAT STATUTE PROVIDES, IN PERTINENT PART, AS FOLLOWS:

NO ADVANCE OF PUBLIC MONEY SHALL BE MADE IN ANY CASE UNLESS AUTHORIZED BY THE APPROPRIATION CONCERNED OR OTHER LAW. AND IN ALL CASES OF CONTRACTS FOR THE PERFORMANCE OF ANY SERVICE, OR THE DELIVERY OF ARTICLES OF ANY DESCRIPTION, FOR THE USE OF THE UNITED STATES, PAYMENT SHALL NOT EXCEED THE VALUE OF THE SERVICE RENDERED, OR OF THE ARTICLES DELIVERED PREVIOUSLY TO SUCH PAYMENT.

HOWEVER, VARIOUS PRIOR DECISIONS OF BOTH THE GENERAL ACCOUNTING OFFICE AND ITS PREDECESSOR, THE FORMER COMPTROLLER OF THE TREASURY, HAVE HELD PURCHASES OF A SIMILAR NATURE NOT IN CONTRAVENTION OF THE ABOVE-QUOTED STATUTE. OUR DECISION OF JANUARY 20, 1945, B-46948, AUTHORIZED THE PURCHASE OF, AND PAYMENT IN ADVANCE FOR, BOOKS OF TICKETS FOR USE OF A TOLL BRIDGE. IN THAT DECISION WE SAID:

SECTION 3648, REVISED STATUTES, PROHIBITS THE DISBURSEMENT OF PUBLIC FUNDS FOR PAYMENT FOR SERVICES OR MATERIALS IN ADVANCE OF THE RENDERING OF THE SERVICES OR THE DELIVERY OF THE MATERIALS. HOWEVER, WHILE IN THE CASE OF THE PURCHASE OF TOLL BRIDGE TICKETS, THE SERVICES COVERED BY THE TICKETS, NAMELY, THESE INVOLVED IN PERMITTING PASSAGE OVER THE BRIDGE, ARE NOT ACTUALLY FURNISHED UNTIL THE USE OF THE TICKETS THEREFORE, YET, THE PURCHASE OF THE TICKETS IS THE PURCHASE OF A PRESENT RIGHT TO THE USE OF THE BRIDGE FOR THE PURPOSES INDICATED--- CLEARLY ANALOGOUS, AS SUGGESTED BY YOU, TO THE PURCHASE OF STREETCAR TICKETS AND TOKENS. SEE 9 COMP. GEN. 151 AND 14 ID. 322. THUS, THE PURCHASE OF TOLL BRIDGE TICKETS DOES NOT APPEAR TO CONTRAVENE THE PROVISIONS OF SECTION 3648, REVISED STATUTES.

ALSO, REGARDING THE PURCHASE OF WEEKLY STREETCAR PASSES, OUR DECISION OF OCTOBER 17, 1934, 14 COMP. GEN. 322, STATED AS FOLLOWS:

IT HAS LONG BEEN THE CUSTOM OF DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO PURCHASE UNDER APPROPRIATIONS AVAILABLE THEREFOR STREETCAR TICKETS OR TOKENS IN NECESSARY QUANTITIES FOR ISSUE TO EMPLOYEES AS THE NEEDS OF THE PARTICULAR SERVICE MAY ARISE. THIS PRACTICE HAS BEEN REGARDED AS IN THE GOVERNMENT'S INTEREST, ESPECIALLY WHERE THE TICKETS OR TOKENS ARE SOLD IN QUANTITIES AT A REDUCTION IN PRICE AND PURCHASES OF THIS CHARACTER HAVE BEEN HELD NOT TO BE IN CONTRAVENTION OF THE PROVISIONS OF SECTION 3648, REVISED STATUTES, PROHIBITING PAYMENTS IN ADVANCE OF SERVICES RENDERED (13 COMP. DEC. 503; 9 COMP. GEN. 151).

IN THE CASE OF A STREETCAR PASS, WHILE THERE IS NO RESTRICTION AS TO TRANSFERABILITY AND NO LIMIT AS TO THE TIMES SUCH PASS MAY BE USED, THERE IS A LIMIT AS TO TIME IN THAT IT MAY BE USED ONLY DURING THE WEEK FOR WHICH IT WAS ISSUED. UNDER SUCH CIRCUMSTANCES, THE MATTER IS SOMEWHAT DIFFERENT THAN IN CASES OF PURCHASES OF TOKENS, TICKETS, ETC., AS TO WHICH THERE IS NO TIME LIMITATION FOR THEIR USE. THE ADMINISTRATIVE CONTROL OVER SUCH PASSES SHOULD NOT ONLY INCLUDE PROVISION OF SAFEGUARD FOR THE USE OF THE PASSES ONLY ON OFFICIAL BUSINESS BUT THE PURCHASES SHOULD BE ONLY IN SUCH NUMBER AS REASONABLY MAY BE FOR ECONOMICAL USE BY THE GOVERNMENT IN THE PERFORMANCE OF SUCH OFFICIAL BUSINESS. IF THE PROPER SAFEGUARDS, INCLUDING SURRENDER OF THE PASS AT CLOSE OF EACH DAY TO PROPER OFFICER HAVING PROPERTY CONTROL, ARE TAKEN BY THE ADMINISTRATIVE OFFICE IN THIS RESPECT, THERE IS NO OBJECTION, FROM A LEGAL STANDPOINT, TO THE PURCHASE OF THE SAME UNDER APPROPRIATIONS AVAILABLE THEREFOR. * * *

AGAIN OUR OFFICE IN 9 COMP. GEN. 151, AND THE COMPTROLLER OF THE TREASURY IN 13 COMP. DEC. 503, HELD THAT THE PURCHASE OF, AND PAYMENT IN ADVANCE FOR, MILEAGE BOOKS COVERING RAILROAD TRAVEL WAS NOT IN CONTRAVENTION OF THE STATUTE QUOTED ABOVE. SEE ALSO, OUR DECISIONS A 40795 OF JULY 7, 1932, AND A-31317 OF APRIL 21, 1930.

THE PURCHASE OF ANNUAL PERMITS FOR THE USE OF A TOLL ROAD IS CLEARLY ANALOGOUS TO THE TYPES OF PURCHASES AUTHORIZED IN THE ABOVE-CITED DECISIONS. ACCORDINGLY, YOU ARE ADVISED THAT WE WILL INTERPOSE NO OBJECTION TO THE PURCHASE OF ANNUAL PERMITS FOR GOVERNMENT-OWNED VEHICLES USING THE NEW YORK STATE THRUWAY, PROVIDED THAT SUCH PURCHASES ARE LIMITED TO THE MINIMUM NUMBER OF AUTOMOBILES NECESSARY FOR THE PROPER EXECUTION OF THE FUNCTIONS AND DUTIES OF THE FEDERAL BUREAU OF INVESTIGATION; THAT SUCH PERMIT MAY BE TRANSFERRED TO ANOTHER AUTOMOBILE IF FOR ANY REASON THE AUTOMOBILE FOR WHICH IT WAS PURCHASED BECOMES UNAVAILABLE FOR USE DURING THE PERMIT YEAR; AND THAT CARE WILL BE EXERCISED TO SEE THAT NO AUTOMOBILE EQUIPPED WITH SUCH A PERMIT IS DRIVEN LESS MILEAGE ON THE THRUWAY THAN WOULD BE PURCHASED FOR $20 AT THE REGULAR TOLL RATE.

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