B-147581, JANUARY 23, 1962, 41 COMP. GEN. 475

B-147581, JANUARY 23, 1962, 41 COMP. GEN. 475

FEES - PARKING - PRIVATELY OWNED VEHICLES ALTHOUGH THE CONGRESSIONAL INTENT OF THE MILITARY TRAVEL AND TRANSPORTATION PROVISIONS IN SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 40 U.S.C. 491 (M), WAS TO ALLOW PAYMENT OF TRAVEL EXPENSES TO MEMBERS OF THE UNIFORMED SERVICES ON THE SAME BASIS AS FOR CIVILIAN PERSONNEL, AND CIVILIAN EMPLOYEES ARE ENTITLED TO REIMBURSEMENT FOR PARKING FEES FOR THE USE OF PRIVATELY OWNED AUTOMOBILES FOR OFFICIAL TRAVEL WITHIN THE AREA OF THEIR DUTY STATIONS, SECTION 2 (M) SPECIFICALLY ENUMERATES THE VARIOUS ITEMS OF EXPENSE TO MILITARY MEMBERS WHICH ARE CONSIDERED REIMBURSABLE AND DOES NOT INCLUDE PARKING FEES; THEREFORE, IN THE ABSENCE OF AN ASSIMILATION PROVISION IN THE 1954 ACT OR SPECIFIC AMENDMENT TO PROVIDE FOR PARKING FEE REIMBURSEMENT TO MEMBERS OF THE UNIFORMED SERVICES, REIMBURSEMENT IS NOT AUTHORIZED.

TO THE SECRETARY OF THE NAVY, JANUARY 23, 1962:

REFERENCE IS MADE TO LETTER OF NOVEMBER 9, 1961, FROM THE ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE NAVY REQUESTING DECISION WHETHER REIMBURSEMENT MAY PROPERLY BE MADE TO MILITARY PERSONNEL FOR THE ACTUAL COST OF PARKING FEES INCURRED IN CONNECTION WITH THE USE OF A PRIVATELY OWNED VEHICLE IN TRANSACTING OFFICIAL BUSINESS IN AND AROUND THE REGULAR DUTY STATION, WHEN APPROVED AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT.

IN HIS LETTER THE ADMINISTRATIVE ASSISTANT SAYS THAT IN OUR DECISION B- 126473 OF APRIL 13, 1956, ADDRESSED TO THE SECRETARY OF THE TREASURY, WE REPLIED IN THE AFFIRMATIVE TO THE QUESTION WITH RESPECT TO SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 40 U.S.C. 491 (M), AS TO WHETHER MILITARY PERSONNEL ARE ENTITLED TO FERRY FARES, AND BRIDGE, ROAD AND TUNNEL TOLLS IN ADDITION TO A PRESCRIBED MILEAGE ALLOWANCE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES IN THE CONDUCT OF OFFICIAL BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS. HE SAYS THAT IN ESSENCE, AND WITH REFERENCE TO SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 837, WE STATED THAT CIVILIAN AND MILITARY PERSONNEL ARE GOVERNED BY SIMILAR PRINCIPLES IN CONNECTION WITH THE USE OF AND REIMBURSEMENT FOR THE USE OF PRIVATELY OWNED AUTOMOBILES IN ACCOMPLISHING THIS OFFICIAL BUSINESS. SINCE PUBLIC LAW 87-139, APPROVED AUGUST 14, 1961, 5 U.S.C. 837, AMENDS SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949 TO PROVIDE FOR REIMBURSEMENT TO CIVILIAN EMPLOYEES OF AUTOMOBILE PARKING FEES, THE ADMINISTRATIVE ASSISTANT PRESENTS FOR DECISION THE QUESTION WHETHER MILITARY PERSONNEL MAY BE REIMBURSED UNDER SECTION 2 (M) FOR PARKING FEES ON A LIKE BASIS.

PRIOR TO ENACTMENT OF PUBLIC LAW 87-139, NEITHER THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, 5 U.S.C 837, NOR SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, 40 U.S.C. 491 (M), CONTAINED ANY SPECIFIC PROVISION FOR REIMBURSEMENT OF PARKING FEES INCURRED INCIDENT TO THE USE OF A PRIVATELY OWNED VEHICLE ON OFFICIAL BUSINESS, AND REIMBURSEMENT FOR SUCH FEES GENERALLY WAS NOT AUTHORIZED. 34 COMP. GEN. 139; B-126978, MAY 17, 1956. IN DECISION OF FEBRUARY 26, 1952, 31 COMP. GEN. 424, IT WAS HELD THAT MILEAGE FOR TRAVEL BY A PRIVATELY OWNED AUTOMOBILE FROM A CIVILIAN EMPLOYEE'S RESIDENCE TO A PUBLIC CARRIER TERMINAL AND RETURN, PLUS A PARKING FEE AT THE TERMINAL, COULD BE CONSIDERED AS PROPER TRAVEL EXPENSE ITEMS FOR REIMBURSEMENT WHERE THE AMOUNT CLAIMED IS LESS THAN THE USUAL ALLOWABLE TAXICAB FARE IN SUCH CASES.

BY DECISIONS OF AUGUST 26, 1959, 39 COMP. GEN. 131, AND JUNE 7, 1960, 39 COMP. GEN. 814, WE MODIFIED OUR DECISION OF MAY 17, 1956, B 126978, BY CONCLUDING THAT THE JOINT TRAVEL REGULATIONS COULD BE AMENDED TO AUTHORIZE REIMBURSEMENT FOR PARKING FEES PLUS MILEAGE FOR ONE ROUND-TRIP FROM HOME OR PLACE OF DUTY TO A CARRIER TERMINAL IN THE LIMITED AREA OF TRAVEL INVOLVED IN 31 COMP. GEN. 424 IF THE TOTAL EXPENSE DOES NOT EXCEED TAXI FARE. WE REACHED OUR CONCLUSIONS IN THOSE DECISIONS IN THE LIGHT OF THE LEGISLATIVE HISTORY OF SECTION 2 (M) OF THE 1954 ACT EVEN THOUGH SUCH EXPENSES ARE REIMBURSABLE UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (A). 39 COMP. GEN. 464. IN 39 COMP. GEN. 814 WE REFERRED TO SENATE REPORT NO. 1941, ON H.R. 8753, 83D CONGRESS, 2D SESSION (WHICH BECAME THE ACT OF SEPTEMBER 1, 1954), IN WHICH, ON PAGE 8, THE SENATE COMMITTEE ON GOVERNMENT OPERATIONS, REFERRING TO SECTION 2 (M), STATED THAT " IT IS THE PURPOSE OF THIS SUBSECTION TO ALLOW PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES FOR THOSE TRAVELING EXPENSES ON THE SAME BASIS AS PERMITTED FOR CIVILIAN EMPLOYEES.'

SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, 40 U.S.C. 491 (M), PROVIDES AS FOLLOWS:

MEMBERS OF THE UNIFORMED SERVICES (AS DEFINED IN THE CAREER COMPENSATION ACT OF 1949, AS AMENDED) MAY BE DIRECTED BY APPROPRIATE REGULATION OF THE HEAD OF THE EXECUTIVE AGENCY IN WHICH THEY ARE SERVING TO SECURE TRANSPORTATION NECESSARY IN CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS. EXPENSES SO INCURRED BY SUCH MEMBERS FOR TRAIN, BUS, STREETCAR, TAXICAB, FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS, OR FOR USE OF PRIVATELY OWNED VEHICLES AT A FIXED RATE PER MILE, SHALL BE DEFRAYED BY THE AGENCY IN WHICH THEY ARE SERVING, OR THE PERSONNEL SO DIRECTED SHALL BE REIMBURSED FOR SUCH EXPENSES.

WHILE IT WAS STATED TO BE THE LEGISLATIVE INTENT TO ALLOW PAYMENT OF TRAVELING EXPENSES TO MEMBERS OF THE UNIFORMED SERVICES UNDER SECTION 2 (M) ON THE SAME BASIS AS CIVILIAN EMPLOYEES ARE PAID, SUCH PURPOSE WAS NOT ACCOMPLISHED BY ANY ASSIMILATING PROVISIONS. INSTEAD, THERE WERE ENUMERATED IN SECTION 2 (M) SUBSTANTIALLY THE SAME ITEMS FOR PAYMENT THAT WERE THEN MENTIONED IN SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949.

SINCE SECTION 2 (M) OF THE 1954 ACT SPECIFICALLY MENTIONS THE VARIOUS ITEMS OF EXPENSE WHICH MAY BE REIMBURSED AND DOES NOT INCLUDE PARKING FEES, IT MUST BE CONCLUDED THAT THERE IS NO LEGAL BASIS FOR PAYMENT OF PARKING FEES AS SUCH TO MILITARY PERSONNEL UNDER THAT SECTION IN THE ABSENCE OF AN AMENDMENT SIMILAR TO THAT MADE BY SECTION 4 OF PUBLIC LAW 87 -139 FOR CIVILIAN EMPLOYEES.