B-147983, MARCH 12, 1962, 41 COMP. GEN. 588

B-147983, MARCH 12, 1962, 41 COMP. GEN. 588

TRAVEL EXPENSES - MILITARY PERSONNEL - LOCAL TRAVEL - CRITERIA--- TRAVEL EXPENSES - MILITARY PERSONNEL - LOCAL TRAVEL - CRITERIA TO DELETE THE LOCAL CARRIER GUIDELINES IN THE REGULATIONS WHICH PERMIT REIMBURSEMENT TO MEMBERS OF THE UNIFORMED SERVICES FOR OFFICIAL TRAVEL WITHIN THE DUTY STATION AREA WHEN THE PURPOSES OF SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 40 U.S.C. 491 (M), AUTHORIZING REIMBURSEMENT FOR INTRASTATION TRAVEL IS APTLY DESCRIBED BY THE PHRASE "WITHIN THE GENERAL AREA SURROUNDING THE DUTY STATION ORDINARILY SERVED BY LOCAL CARRIERS" COULD RESULT IN MISUNDERSTANDING AT THE STATION LEVEL AS TO THE TRAVEL CONTEMPLATED BY THE ACT AND IN THE CONSEQUENT IMPROPER REIMBURSEMENT FOR ROUND TRIPS OF SEVERAL HUNDRED MILES BECAUSE NO TRAVEL ORDERS WERE ISSUED; THEREFORE, THE PROPOSED REGULATION CHANGE IS NOT CONSIDERED ADVISABLE. WHEN THE DUTY STATION OF A MEMBER OF THE UNIFORMED SERVICES IS IN A METROPOLITAN AREA, THE GUIDE FOR DETERMINING THE EXTENT OF THE AREA OF LOCAL TRAVEL WITHIN WHICH MEMBERS MAY BE REIMBURSED FOR OFFICIAL TRAVEL UNDER SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 40 U.S.C. 491 (M), SHOULD BE THE AREA SERVED BY LOCAL CARRIERS, BUT WHEN THE DUTY STATION IS NOT IN A METROPOLITAN AREA SERVED BY LOCAL CARRIERS, REIMBURSEMENT FOR LOCAL TRAVEL SHOULD BE RESTRICTED TO AN AREA IN THE IMMEDIATE VICINITY OF THE DUTY STATION WITHIN WHICH REIMBURSEMENT FOR TRAVEL EXPENSES UNDER THE CAREER COMPENSATION ACT OF 1949 WOULD BE PRECLUDED BY PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

TO THE SECRETARY OF THE NAVY, MARCH 12, 1962:

BY LETTER OF JANUARY 15, 1962, YOUR ADMINISTRATIVE ASSISTANT REQUESTED AN EXPRESSION OF OUR VIEWS REGARDING THE APPLICATION OF SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, 40 U.S.C. 49 TO CERTAIN TRAVEL SITUATIONS WHICH HAVE BEEN QUESTIONED BY THIS OFFICE IN THE AUDIT OF DISBURSING OFFICERS' ACCOUNTS, AND WHETHER THE REFERENCE TO "LOCAL CARRIERS" MAY BE DELETED FROM PARAGRAPH 1046377 OF THE NAVY COMPTROLLER MANUAL RELATING TO TRAVEL UNDER THAT ACT.

SECTION 2 (M) OF THE 1954 ACT 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.

IN DECISION OF JUNE 5, 1956, 35 COMP. GEN. 677, IT WAS HELD IN PERTINENT PART, THAT:

* * * SINCE SECTION 2 (M) CONCERNS LOCAL TRANSPORTATION AND WAS ENACTED INDEPENDENTLY OF THE CAREER COMPENSATION ACT OF 1949, UNDER WHICH THE LIMITS OF PERMANENT STATIONS ARE FIXED BY THE SECRETARIES, IT REASONABLY MAY BE CONCLUDED THAT THE TERM "DUTY STATIONS" AS USED IN THE PHRASE ,WITHIN THE LIMITS OF THEIR DUTY STATIONS" APPEARING IN THAT SECTION WAS INTENDED TO INCLUDE THE GENERAL AREA SURROUNDING THE OFFICIAL DUTY STATION ORDINARILY SERVED BY LOCAL CARRIERS. SUCH A CONCLUSION FINDS SUPPORT IN SENATE REPORT NO. 1941, 83D CONGRESS, 2D SESSION, H.R. 8753, WHICH BECAME PUBLIC LAW 766. ON PAGE 9 OF THAT REPORT THE SENATE COMMITTEE ON GOVERNMENT OPERATIONS STATES " THUS AN OFFICER OF THE PUBLIC HEALTH SERVICE WHOSE DUTY STATION IS IN WASHINGTON WOULD CONTINUE TO BE ENTITLED IN AN APPROPRIATE CASE TO REIMBURSEMENT FOR EXPENSES INCURRED IN GOING TO THE NATIONAL INSTITUTES OF HEALTH IN BETHESDA, MD.' * * * HENCE, WE WOULD NOT BE REQUIRED TO OBJECT TO OTHERWISE PROPER PAYMENTS MADE UNDER REGULATIONS DRAWN ON THAT BASIS.

IT FURTHER WAS INDICATED THAT THE ESTABLISHMENT OF RIGID LIMITS FOR THE AREA SURROUNDING A POST OF DUTY WITHIN WHICH TRANSPORTATION ALLOWANCES COULD BE PAID UNDER THE 1954 ACT WAS NOT FEASIBLE AND THAT, GENERALLY, THE AREA COVERED BY THAT ACT SHOULD BE THAT AREA FOR WHICH REIMBURSEMENT IS PROHIBITED UNDER PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

PARAGRAPH 1046377-1B OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT IF APPROVED AS BEING MORE ADVANTAGEOUS TO THE GOVERNMENT, REIMBURSEMENT IS AUTHORIZED FOR EXPENSES INCURRED FOR TRAIN, BUS, STREETCAR, TAXICAB, FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS, BY MILITARY AND CIVILIAN PERSONNEL, WHILE CONDUCTING OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS OR "WITHIN THE GENERAL AREA SURROUNDING THE DUTY STATION ORDINARILY SERVED BY LOCAL CARRIERS.' IN LIKE MANNER SUBPARAGRAPH C OF THE SAME PARAGRAPH PROVIDES THAT IF APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT, REIMBURSEMENT IS AUTHORIZED FOR THE USE OF PRIVATELY OWNED VEHICLES OF MILITARY AND CIVILIAN PERSONNEL WHILE ON OFFICIAL GOVERNMENT BUSINESS WITHIN THE LIMITS OF THEIR DUTY STATIONS OR "WITHIN THE GENERAL AREA SURROUNDING THE DUTY STATION ORDINARILY SERVED BY LOCAL CARRIERS.'

THE PAYMENTS QUESTIONED BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION INVOLVED TRAVEL BY PRIVATELY OWNED AUTOMOBILE FOR ROUND TRIPS RANGING FROM 53 TO 190 MILES. THE ADMINISTRATIVE ASSISTANT SAYS THAT WHILE IT IS CONSIDERED THAT THE PAYMENTS WERE VALID, THE TRIP OF 190 MILES IS NOT REPRESENTATIVE OF THE MANNER IN WHICH THE PROVISIONS OF THE NAVY COMPTROLLER MANUAL ARE BEING APPLIED AND THAT MORE TYPICAL ARE ROUND TRIPS OF APPROXIMATELY 50 TO 100 MILES. THE ADMINISTRATIVE ASSISTANT FURTHER SAYS IT IS PROPOSED TO DELETE THE REFERENCE TO LOCAL CARRIERS NOW CONTAINED IN PARAGRAPH 1046377 OF THE NAVY COMPTROLLER MANUAL FOR THE REASON THAT IN SUCH AREAS AS LOS ANGELES, CALIFORNIA, AND NEW YORK, NEW YORK, TRAVEL VIA LOCAL CARRIERS COULD REPRESENT A PROHIBITIVE TRIP, WHEREAS IN OTHER AREAS LOCAL CARRIER SERVICE MAY BE VERY LIMITED. IN LIEU OF THE LOCAL CARRIER GUIDELINE, IT IS PROPOSED TO PROVIDE THAT REIMBURSEMENT IS AUTHORIZED UNDER THE 1954 ACT IF ORDERS HAVE NOT BEEN ISSUED WHICH WOULD ENTITLE A MEMBER TO REIMBURSEMENT UNDER THE JOINT TRAVEL REGULATIONS OR THE NAVY CIVILIAN PERSONNEL INSTRUCTIONS. IT IS SAID THAT REFERENCE WILL ALSO BE MADE TO THE PERTINENT PARAGRAPHS OF THE LATTER PUBLICATION, THE NAVY TRAVEL INSTRUCTIONS, AND THE APPLICABLE ORDER -ISSUING INSTRUCTIONS FOR GUIDANCE CONCERNING THE ISSUANCE OF ORDERS.

REGARDING THE MATTER OF A CHANGE IN THE PERTINENT NAVY REGULATIONS, SUBJECT, OF COURSE, TO THE PROVISIONS OF SECTION 534 OF THE CAREER COMPENSATION ACT, AS ADDED BY SECTION 4 OF THE ACT OF SEPTEMBER 2, 1957, 71 STAT. 597, 37 U.S.C. 324, IN THE CASE OF REGULATIONS RELATING TO ENTITLEMENT TO PAY AND ALLOWANCES, THE QUESTION OF WHETHER AN ADMINISTRATIVE REGULATION IS TO BE ISSUED AND THE TERMS TO BE USED IN SUCH REGULATION WOULD APPEAR TO BE MATTERS FOR ADMINISTRATIVE DETERMINATION. IT FOLLOWS THAT EXCEPT AS SO LIMITED, SUCH REGULATIONS GENERALLY MAY BE MODIFIED OR CHANGED IN ANY MANNER ADMINISTRATIVELY DEEMED DESIRABLE. SINCE, HOWEVER, THE PURPOSE OF THE 1954 LAW TO AUTHORIZE REIMBURSEMENT FOR THE SPECIFIED TRAVEL EXPENSES INCURRED INCIDENT TO PROPER INTRASTATION TRAVEL WHEN THE EXPENSES ARE NOT OTHERWISE REIMBURSABLE UNDER THE INTERSTATION TRAVEL EXPENSE PROVISIONS OF THE CAREER COMPENSATION ACT, IS APTLY DESCRIBED BY THE PHRASE "WITHIN THE GENERAL AREA SURROUNDING THE DUTY STATION ORDINARILY SERVED BY LOCAL CARRIERS," WE SERIOUSLY DOUBT THE ADVISABILITY OF THE PROPOSED CHANGE. THE LAW MUST BE APPLIED IN ACCORD WITH THE LEGISLATIVE INTENT AND THE DELETION OF THE QUOTED LANGUAGE WITHOUT THE INCLUSION OF SOME OTHER EQUALLY DESCRIPTIVE TERM COULD RESULT IN INCLUSION OF SOME OTHER EQUALLY DESCRIPTIVE TERM COULD RESULT IN MISUNDERSTANDING AT THE STATION LEVEL AS TO THE TRAVEL CONTEMPLATED BY SECTION 2 (M) AND THE CONSEQUENT IMPROPER REIMBURSEMENT UNDER SUCH PROVISIONS FOR ROUND TRIPS OF SEVERAL HUNDRED MILES SIMPLY BECAUSE NO INTERSTATION TRAVEL ORDERS WERE ISSUED.

IN THIS CONNECTION IT SHOULD BE OBSERVED THAT THE LITERAL LANGUAGE OF THE SECTION PROVIDES ONLY FOR SECURING TRANSPORTATION NECESSARY IN CONDUCTING OFFICIAL BUSINESS WITHIN THE LIMITS OF THE MEMBER'S OFFICIAL DUTY STATION. WHILE, AS STATED ABOVE, IT APPEARS TO HAVE BEEN THE INTENT TO PERMIT REIMBURSEMENT FOR TRAVEL WITHIN THE IMMEDIATE VICINITY OF THE MEMBER'S DUTY STATION AS WELL AS WITHIN THE STATION--- TRAVEL FOR WHICH REIMBURSEMENT GENERALLY WOULD NOT BE AUTHORIZED UNDER THE CAREER COMPENSATION ACT OF 1949--- THERE APPARENTLY WAS NO INTENTION TO PERMIT REIMBURSEMENT UNDER SECTION 2 (M) FOR TRAVEL OUTSIDE THE METROPOLITAN AREA OF THE DUTY STATION (INTERSTATION TRAVEL) OR FOR SIMILAR TRAVEL BEYOND THE IMMEDIATE VICINITY OF A DUTY STATION WHICH IS NOT LOCATED IN A METROPOLITAN AREA. THIS APPEARS TO BE SO REGARDLESS OF THE LENGTH OF SUCH DUTY.

THE AREA OF TRAVEL IN THE IMMEDIATE VICINITY OF A DUTY STATION FOR WHICH REIMBURSEMENT IS NOT AUTHORIZED UNDER THE CAREER COMPENSATION ACT OF 1949 IS NOT SUSCEPTIBLE OF RIGID LIMITATIONS AND NEITHER IS THE AREA WITHIN WHICH REIMBURSEMENT FOR OFFICIAL TRAVEL IS AUTHORIZED UNDER SECTION 2 (M) SUSCEPTIBLE OF SUCH LIMITATIONS.

IT IS OUR VIEW, HOWEVER, THAT, WHERE THE OFFICIAL STATION IS LOCATED IN A METROPOLITAN AREA, THE AREA SERVED BY LOCAL CARRIERS ORDINARILY WILL BE A PROPER GUIDE IN DETERMINING THE AREA OF TRAVEL FOR REIMBURSEMENT UNDER SECTION 2 (M). IF THE DUTY STATION IS NOT LOCATED IN A METROPOLITAN AREA SERVED BY LOCAL CARRIERS THEN, OF COURSE, SUCH GUIDELINE IS NOT FOR APPLICATION. IN SUCH CASES REIMBURSEMENT UNDER SECTION 2 (M) SHOULD BE RESTRICTED TO AN AREA IN THE IMMEDIATE VICINITY OF THE DUTY STATION WITHIN WHICH REIMBURSEMENT FOR TRAVEL EXPENSES UNDER THE 1949 ACT ARE PROSCRIBED BY PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

THE FOREGOING PRINCIPLES WILL BE APPLIED BY US IN THE AUDIT OF SUCH PAYMENTS.

WHILE THE PAYMENTS REFERRED TO IN THE ADMINISTRATIVE ASSISTANT'S LETTER WILL NOT BE FURTHER QUESTIONED IN VIEW OF THE APPARENT MISUNDERSTANDING IN THE MATTER, THOSE PAYMENTS ARE UNDERSTOOD TO HAVE COVERED TRAVEL BEYOND THE METROPOLITAN AREA OR A COMPARABLE AREA SURROUNDING THE POST OF DUTY AND, HENCE, PAYMENT FOR SUCH TRAVEL WAS NOT AUTHORIZED UNDER THE PROVISIONS OF SECTION 2 (M).