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A-6311, MARCH 14, 1931, 10 COMP. GEN. 409

A-6311 Mar 14, 1931
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WAS INTENDED TO PROVIDE A UNIFORM LAW APPLICABLE TO ALL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT. AS WELL AS ANY OTHER LAW OR REGULATION TO THE EXTENT THAT THE PROVISIONS THEREOF ARE IN CONFLICT WITH THE TERMS OF THE GENERAL LAW. A NEW EXECUTIVE ORDER WILL BE NECESSARY TO INCLUDE THE REVISION OF PARAGRAPHS 47. IT WILL BE NOTED THAT THESE LAWS DIFFER IN SOME RESPECTS FROM THE AUTHORITY CONTAINED IN THE GENERAL LAW OF FEBRUARY 14. FOR EXAMPLE AS MUCH AS 10 CENTS A MILE IS AUTHORIZED IN THE DEPARTMENT OF AGRICULTURE INCLUDING TRAVEL AT OFFICIAL STATIONS AND THE INDEPENDENT OFFICES APPROPRIATION ACT ALSO INCLUDES TRAVEL AT OFFICIAL STATIONS. AS THESE APPROPRIATION ACTS FOR 1932 HAVE BEEN APPROVED SUBSEQUENT TO THE GENERAL LAW OF FEBRUARY 14.

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A-6311, MARCH 14, 1931, 10 COMP. GEN. 409

TRAVELING EXPENSES - USE OF PRIVATELY OWNED AUTOMOBILES THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, EFFECTIVE JULY 1, 1931, PROVIDING FOR REIMBURSEMENT ON A MILEAGE BASIS FOR USE BY GOVERNMENT PERSONNEL OF THEIR PRIVATELY OWNED AUTOMOBILES WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, WAS INTENDED TO PROVIDE A UNIFORM LAW APPLICABLE TO ALL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT, AND TO REPEAL ALL SPECIAL PROVISIONS APPEARING IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1932, EVEN THOUGH ENACTED SUBSEQUENT TO THE DATE OF THE GENERAL ACT, AS WELL AS ANY OTHER LAW OR REGULATION TO THE EXTENT THAT THE PROVISIONS THEREOF ARE IN CONFLICT WITH THE TERMS OF THE GENERAL LAW.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR OF THE BUREAU OF THE BUDGET, MARCH 14, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 28, 1931, AS FOLLOWS:

REFERRING TO YOUR LETTER OF FEBRUARY 16, 1931, RELATING TO ADDITIONAL AMENDMENTS TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, I AM INCLOSING A COPY OF AN ACT APPROVED FEBRUARY 14, 1931, TO PERMIT PAYMENT ON A MILEAGE BASIS TO CIVILIAN OFFICERS AND EMPLOYEES FOR THE USE OF THEIR OWN MOTOR CYCLE OR AUTOMOBILE, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT.

A NEW EXECUTIVE ORDER WILL BE NECESSARY TO INCLUDE THE REVISION OF PARAGRAPHS 47, 58, AND 62 OF THE REGULATIONS AND ALSO FOR THE PURPOSE OF PRESCRIBING REGULATIONS UNDER THE ACT OF FEBRUARY 14, 1931.

PARAGRAPH 12/A) OF THE PROPOSED REVISED TRAVEL REGULATIONS RELATES TO THE USE OF PRIVATELY OWNED MOTOR VEHICLES ON A MILEAGE BASIS WHEN AUTHORIZED BY LAW. I AM ALSO INCLOSING FOR YOUR CONVENIENCE EXTRACTS FROM LAWS GIVING SIMILAR AUTHORITY TO A NUMBER OF ESTABLISHMENTS AND BUREAUS.

IT WILL BE NOTED THAT THESE LAWS DIFFER IN SOME RESPECTS FROM THE AUTHORITY CONTAINED IN THE GENERAL LAW OF FEBRUARY 14, 1931. FOR EXAMPLE AS MUCH AS 10 CENTS A MILE IS AUTHORIZED IN THE DEPARTMENT OF AGRICULTURE INCLUDING TRAVEL AT OFFICIAL STATIONS AND THE INDEPENDENT OFFICES APPROPRIATION ACT ALSO INCLUDES TRAVEL AT OFFICIAL STATIONS.

AS THESE APPROPRIATION ACTS FOR 1932 HAVE BEEN APPROVED SUBSEQUENT TO THE GENERAL LAW OF FEBRUARY 14, 1931, WHICH ALSO BECOMES EFFECTIVE JULY 1, 1931, THE QUESTION ARISES AS TO WHICH LAW GOVERNS IN CASE OF CONFLICT.

IT IS PROPOSED TO INCORPORATE PARAGRAPH 12/A) IN THE NEW EXECUTIVE ORDER, BUT BEFORE DOING SO I WOULD APPRECIATE YOUR VIEWS AS TO WHAT FURTHER AMENDMENTS TO THIS PARAGRAPH ARE NOW ADVISABLE.

THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, PROVIDES AS FOLLOWS:

THAT A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY MAY BE PAID, IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT, NOT TO EXCEED 3 CENTS PER MILE FOR THE USE OF HIS OWN MOTOR CYCLE OR 7 CENTS PER MILE FOR THE USE OF HIS OWN AUTOMOBILE FOR SUCH TRANSPORTATION, WHENEVER SUCH MODE OF TRAVEL HAS BEEN PREVIOUSLY AUTHORIZED AND PAYMENT ON SUCH MILEAGE BASIS IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES. THIS ACT SHALL TAKE EFFECT JULY 1, 1931, AND ALL LAWS OR PARTS OF LAWS ARE HEREBY MODIFIED OR REPEALED TO THE EXTENT SAME MAY BE IN CONFLICT HEREWITH.

THE FOLLOWING STATEMENT APPEARS IN HOUSE REPORT NO. 1751, ON H.R. 1204, SEVENTY-FIRST CONGRESS, SECOND SESSION, WHICH BECAME THE ABOVE QUOTED STATUTE:

AT THE PRESENT TIME THE ONLY BASIC LAW UPON THE SUBJECT APPEARS TO BE THE ACT OF MAY 10, 1926 (44 STAT. 456, U.S.C. III SUPPLEMENT, TITLE 43, SEC. 24), THOUGH APPROPRIATION BILLS FROM TIME TO TIME HAVE CARRIED LANGUAGE AUTHORIZING THE USE OF CONVEYANCES OWNED BY EMPLOYEES FOR OFFICIAL BUSINESS AND PROVIDING COMPENSATION FOR SUCH USE ON A MILEAGE BASIS. PROVISIONS OF THIS CHARACTER HAVE APPEARED IN APPROPRIATION BILLS FOR THE GENERAL LAND OFFICE, DEPARTMENT OF AGRICULTURE, FEDERAL FARM LOAN BUREAU, GEOLOGICAL SURVEY, INTERNAL REVENUE BUREAU, BUREAU OF RECLAMATION, AND THE BUREAU OF THE CENSUS. THE LANGUAGE USED HAS NOT BEEN UNIFORM AND HAS RESULTED IN CONFUSION IN THE INTERPRETATION OF THE LAW IN CONNECTION WITH REGULATIONS WHICH HAVE BEEN PROMULGATED THEREUNDER BY THE DEPARTMENTS.

THE BILL AS AMENDED WILL PUT AN END TO THIS CONFUSION BY THE ENACTMENT OF A LAW WHICH APPLIES TO ALL DEPARTMENTS ALIKE. UNDER EXISTING ENACTMENTS THE HEADS OF THE VARIOUS DEPARTMENTS OR BUREAUS PRESCRIBE THE REGULATIONS. IN THE INTEREST OF UNIFORMITY THE BILL, AS AMENDED, REQUIRES THAT THE PRESIDENT SHALL PRESCRIBE SUCH REGULATIONS.

IN ADDITION TO THE DEPARTMENTS AND ESTABLISHMENTS LISTED IN THIS STATEMENT HAVING EXISTING LEGISLATION AUTHORIZING THE OPERATION BY GOVERNMENT PERSONNEL OF PRIVATELY OWNED MOTOR VEHICLES ON A MILEAGE BASIS, YOU CALL ATTENTION TO THE PROVISION IN THE INDEPENDENT OFFICES APPROPRIATION ACT OF 1931, APPLICABLE TO ALL THE ESTABLISHMENTS AND OFFICES FOR WHICH APPROPRIATIONS ARE PROVIDED THEREIN, ALSO TO EXISTING PROVISIONS IN APPROPRIATION ACTS FOR THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE, BUREAU OF IMMIGRATION, AND THE NATIONAL PARK SERVICE. THE APPROPRIATION ACTS FOR 1932 CONTAINING THESE SPECIAL PROVISIONS SIMPLY REENACT THE SAME LANGUAGE APPEARING IN THE APPROPRIATION ACTS FOR THE CURRENT FISCAL YEAR, WHICH EVIDENTLY WAS INTENDED TO BE CONTROLLING ONLY IF THE GENERAL BILL FAILED TO BECOME A LAW. IN VIEW OF THE PURPOSE AND INTENDED SCOPE OF THE ACT OF FEBRUARY 14, 1931, THE FACT THAT ITS EFFECTIVE DATE IS FIXED AS JULY 1, 1931, AND THE STATEMENT APPEARING IN THE HOUSE REPORT ABOVE QUOTED, IT IS ONLY REASONABLE TO CONCLUDE THAT THE CLEAR INTENT OF THE CONGRESS WAS TO PROVIDE A UNIFORM LAW APPLICABLE TO ALL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT AND TO REPEAL ALL SPECIAL PROVISIONS APPEARING IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1932 EVEN THOUGH ENACTED SUBSEQUENT TO FEBRUARY 14, 1931, THE DATE OF THE GENERAL ACT, AS WELL AS ANY OTHER LAW OR REGULATION TO THE EXTENT THAT THE PROVISIONS THEREOF ARE IN CONFLICT WITH THE TERMS OF THE GENERAL LAW.

REGULATIONS TO BE ISSUED BY THE PRESIDENT SHOULD BE FORMULATED ACCORDINGLY.

THE QUESTION AS TO WHAT FURTHER AMENDMENTS TO PARAGRAPH 12 (A) ARE NOW ADVISABLE WILL BE GIVEN CONSIDERATION, AND YOU WILL BE FURTHER ADVISED WITH RESPECT THERETO.

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