B-57732, JUNE 11, 1946, 25 COMP. GEN. 844

B-57732, JUNE 11, 1946, 25 COMP. GEN. 844

TAXICAB FARES BETWEEN RESIDENCE AND PLACE OF STORAGE OF GOVERNMENT AUTOMOBILES USED FOR OFFICIAL TRAVEL; USE OF GOVERNMENT AUTOMOBILES FOR TRAVEL BETWEEN PLACE OF EMPLOYMENT AND HOME GARAGES USED FOR THE STORAGE OF GOVERNMENT AUTOMOBILES MAY NOT BE CONSIDERED AS INCLUDED WITHIN THE MEANING OF THE TERM "OTHER TERMINAL" AS USED IN PARAGRAPH 8 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AUTHORIZING REIMBURSEMENT FOR TAXICAB FARES BETWEEN AN EMPLOYEE'S RESIDENCE AND "STATION, WHARF, OR OTHER TERMINAL," AND, THEREFORE, AN EMPLOYEE WHOSE OFFICIAL TRAVEL BY GOVERNMENT AUTOMOBILE COMMENCED AND TERMINATED AT SUCH A GARAGE MAY NOT BE REIMBURSED UNDER SAID PARAGRAPH FOR TAXICAB FARES, INCURRED AT THE BEGINNING OR END OF THE TRIP, BETWEEN HIS RESIDENCE AND THE GARAGE. THE USE OF A GOVERNMENT AUTOMOBILE BY AN EMPLOYEE TO DRIVE TO HIS RESIDENCE WHEN IT IS IN THE INTEREST OF THE GOVERNMENT THAT HE START ON OFFICIAL TRAVEL BY GOVERNMENT AUTOMOBILE FROM THAT POINT, RATHER THAN FROM HIS PLACE OF BUSINESS, IS NOT TO BE REGARDED AS PROHIBITED BY THE RESTRICTION IN SECTION 202 OF THE INDEPENDENT OFFICES APPROPRIATION ACT 1946, AGAINST THE USE OF GOVERNMENT AUTOMOBILES FOR THE "TRANSPORTATION OF OFFICERS AND EMPLOYEES BETWEEN THEIR DOMICILES AND PLACES OF EMPLOYMENT"-- - SUCH USE BEING CONSIDERED AS WITHIN THE MEANING OF THE TERM "OFFICIAL PURPOSES" AS USED IN SAID ACT.

COMPTROLLER GENERAL WARREN TO HERBERT R. HARRIS, DEPARTMENT OF COMMERCE, JUNE 11, 1946:

BY LETTER OF MAY 3, 1946, FROM THE CIVIL AERONAUTICS ADMINISTRATION, DEPARTMENT OF COMMERCE, THERE WAS FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF APRIL 19, 1946, READING AS FOLLOWS:

THERE HAS BEEN PRESENTED TO ME FOR CERTIFICATION, THE ENCLOSED VOUCHER PAYABLE TO FRANK A. RODY, ASSISTANT DISTRICT AIRPORT ENGINEER, IN THE AMOUNT OF $4.50 COVERING RECLAIM ON AN ADMINISTRATIVE DEDUCTION WHICH WAS MADE ON BU. VOU. 12019, D.O. VOU. 10-99403, PAID APRIL 3, 1946 BY E. J. BRENNAN, CHIEF DISBURSING OFFICER, SYMBOL 210-4760. A CERTIFIED COPY OF TRAVEL ORDER 546-138 DATED JULY 1, 1945 IS ATTACHED AS WELL AS COPIES OF THE ADMINISTRATIVE NOTICE OF SUSPENSION WHICH, IT IS BELIEVED, ARE SELF- EXPLANATORY.

THE FACTS ARE AS FOLLOWS: THE REGIONAL CONTRACT GARAGE IS LOCATED IN THE VICINITY OF THE REGIONAL OFFICE WHICH IS IN DOWNTOWN KANSAS CITY, MISSOURI. HOWEVER, IT IS FREQUENTLY NECESSARY FOR EMPLOYEES TO CARRY BAGGAGE ON TRIPS, USING GOVERNMENT VEHICLES AS THE MODE OF TRANSPORTATION, AND SINCE GOVERNMENT REGULATIONS WILL NOT PERMIT CIVIL AERONAUTICS ADMINISTRATION EMPLOYEES TO RETAIN A GOVERNMENT VEHICLE AT THEIR RESIDENCES OVER NIGHT, IT IS NECESSARY TO OBTAIN SOME MEANS OF TRANSPORTATION FROM THE EMPLOYEE'S RESIDENCE TO THE CONTRACT GARAGE ON DEPARTURES FROM OFFICIAL HEADQUARTERS, AND FROM THE CONTRACT GARAGE TO THE RESIDENCE ON THE RETURN TO OFFICIAL HEADQUARTERS. THE VOUCHER WHICH IS FORWARDED HEREWITH COVERS TAXI FARES WHICH WERE INCURRED IN THE ABOVE MANNER.

AN OPINION IS REQUESTED AS TO WHETHER OR NOT CONTRACT GARAGES SHOULD BE CONSIDERED AS AN "OTHER TERMINAL" IN ACCORDANCE WITH PARAGRAPH 8 (A), STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DATED JANUARY 30, 1942.

INASMUCH AS THIS OFFICE HAS SEVERAL SUCH CLAIMS PENDING, IT WILL BE APPRECIATED IF YOU WILL RENDER YOUR OPINION AT AN EARLY DATE IN ORDER THAT THE ENCLOSED VOUCHER AS WELL AS OTHER CLAIMS WHICH ARE PENDING IN THIS OFFICE MAY BE PROPERLY PROCESSED.

THE AMOUNT RECLAIMED COVERS 6 TAXICAB FARES OF 75 CENTS EACH FOR TRAVEL BETWEEN RESIDENCE AND GOVERNMENT GARAGE, AND BETWEEN THE GARAGE AND THE EMPLOYEE'S RESIDENCE, DURING THE PERIOD FEBRUARY 16 TO MARCH 15, 1946.

PARAGRAPH 8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

8. DEFINITION.--- TRANSPORTATION INCLUDES ALL NECESSARY OFFICIAL TRAVEL ON RAILROADS, AIR LINES, STEAMBOATS, STREETCARS, TAXICABS, AND OTHER USUAL MEANS OF CONVEYANCE. * * *.

(A) THE USUAL TAXICAB FARES FROM STATION, WHARF, OR OTHER TERMINAL TO EITHER PLACE OF ABODE OR PLACE OF BUSINESS, AND FROM EITHER PLACE OF ABODE OR PLACE OF BUSINESS TO STATION, WHARF, OR OTHER TERMINAL WILL BE ALLOWED. (SEE PAR. 11.)

IT IS A RULE OF STATUTORY CONSTRUCTION (THE REGULATIONS HERE HAVING THE FORCE AND EFFECT OF LAW) THAT GENERAL WORDS FOLLOWING AN ENUMERATION OF SPECIFIC THINGS ARE USUALLY RESTRICTED TO THINGS OF THE SAME KIND AS THOSE SPECIFICALLY ENUMERATED. THE TERM,"OTHER TERMINAL" AS USED IN PARAGRAPH 8 (A) OF THE TRAVEL REGULATIONS, SUPRA, FOLLOWS THE ENUMERATION OF "STATION" AND "WHARF.' THOSE WORDS HAVE A DEFINITE MEANING AND ARE DEFINITELY ASSOCIATED WITH COMMON CARRIER TERMINALS. BY APPLICATION OF THE RULE JUST STATED THE TERM,"OTHER TERMINAL," AS USED IN THE REGULATIONS MAY NOT BE CONSIDERED AS INCLUDING CONTRACT GARAGES USED FOR THE STORAGE OF GOVERNMENT AUTOMOBILES.

ALTHOUGH YOU FAIL TO STATE WHICH GOVERNMENT REGULATIONS PROHIBIT CIVIL AERONAUTICS ADMINISTRATION EMPLOYEES TO RETAIN GOVERNMENT VEHICLES AT THEIR RESIDENCES OVERNIGHT, IT IS ASSUMED YOU REFER TO DEPARTMENT OF COMMERCE, DEPARTMENTAL ORDER NO. 314, WHICH IS UNDERSTOOD TO PROHIBIT THE USE OF GOVERNMENT-OWNED OR LEASED VEHICLES BETWEEN PLACES OF DOMICILE AND POINTS OF DUTY, AND TO CIVIL AERONAUTICS ADMINISTRATION CIRCULAR LETTER OF MAY 5, 1945, ENTITLED " EXCEPTIONS GRANTED TO PROVISIONS OF DEPARTMENTAL ORDER NO. 314," USE OF GOVERNMENT OWNED VEHICLES.'" IN CONNECTION THEREWITH, YOUR ATTENTION IS INVITED TO SECTION 202 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, APPROVED MAY 3, 1945, 59 STAT. 132, REPEATING A PROVISION (IN FURTHERANCE OF WHICH THE DEPARTMENT ORDER AND CIRCULAR LETTER, SUPRA, APPARENTLY WERE ISSUED) WHICH HAS BEEN REENACTED EACH YEAR FOR A NUMBER OF YEARS, AS FOLLOWS:

SEC. 202. UNLESS OTHERWISE SPECIFICALLY PROVIDED, NO APPROPRIATION AVAILABLE FOR THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS FOR THE FISCAL YEAR 1946 IN THIS ACT OR ANY OTHER ACT, SHALL BE EXPENDED---

(B) FOR THE MAINTENANCE, OPERATION, AND REPAIR OF ANY GOVERNMENT OWNED MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE NOT USED EXCLUSIVELY FOR OFFICIAL PURPOSES; AND "OFFICIAL PURPOSES" SHALL NOT INCLUDE THE TRANSPORTATION OF OFFICERS AND EMPLOYEES BETWEEN THEIR DOMICILES AND PLACES OF EMPLOYMENT, EXCEPT IN CASE OF MEDICAL OFFICERS ON OUT-PATIENT MEDICAL SERVICES AND EXCEPT IN CASES OF OFFICERS AND EMPLOYEES ENGAGED IN FIELD WORK THE CHARACTER OF WHOSE DUTIES MAKES SUCH TRANSPORTATION NECESSARY AND THEN ONLY AS TO SUCH LATTER CASES WHEN THE SAME IS APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED. ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO USES OR AUTHORIZES THE USE OF ANY GOVERNMENT-OWNED MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE, OR OF ANY MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE LEASED BY THE GOVERNMENT, FOR OTHER THAN OFFICIAL PURPOSES OR OTHERWISE VIOLATES THE PROVISIONS OF THIS SUBSECTION SHALL BE SUMMARILY REMOVED FROM OFFICE BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED. THE LIMITATIONS OF THIS SUBSECTION (B) SHALL NOT APPLY TO ANY MOTOR VEHICLES FOR OFFICIAL USE OF THE PRESIDENT, THE HEADS OF THE EXECUTIVE DEPARTMENTS, AMBASSADORS, MINISTERS, CHARGES D-AFFAIRES, AND OTHER PRINCIPAL DIPLOMATIC AND CONSULAR OFFICIALS.

IT IS WELL ESTABLISHED THAT A GOVERNMENT EMPLOYEE MUST BEAR THE COST OF DAILY TRAVEL FROM AND TO HIS RESIDENCE, TO AND FROM HIS PLACE OF BUSINESS, 19 COMP. GEN. 836; 23 ID. 352. THIS IS SPECIFICALLY RECOGNIZED IN SECTION 202 OF THE APPROPRIATION ACT, SUPRA, BY THE STATEMENT THAT--- " ,OFFICIAL PURPOSES" SHALL NOT INCLUDE THE TRANSPORTATION OF OFFICERS AND EMPLOYEES BETWEEN THEIR DOMICILES AND PLACES OF EMPLOYMENT.' HOWEVER, IN CONSTRUING THAT RESTRICTION IT MUST BE RECOGNIZED THAT THE PRIMARY PURPOSE OF SECTION 202 OF THE ACT OF MAY 3, 1945, SUPRA, IS TO PREVENT THE USE OF GOVERNMENT- OWNED AUTOMOBILES FOR PERSONAL CONVENIENCE, AND, THEREFORE, IT IS NOT TO BE INTERPRETED AS PROHIBITING CONVENIENCE, AND, THEREFORE, IT IS NOT TO BE INTERPRETED AS PROHIBITING A FEDERAL EMPLOYEE FROM USING A GOVERNMENT AUTOMOBILE TO DRIVE TO HIS RESIDENCE WHEN IT IS IN THE INTEREST OF THE GOVERNMENT THAT HE START ON OFFICIAL TRAVEL FROM THAT POINT, RATHER THAN FROM HIS PLACE OF BUSINESS. SUCH USE OF A GOVERNMENT AUTOMOBILE IS WITHIN THE MEANING OF "OFFICIAL PURPOSES" AS USED IN THE ACT. IN THAT CONNECTION, OF COURSE, IT IS UNDERSTOOD THAT THE CONTROL OVER THE USE OF GOVERNMENT VEHICLES LARGELY IS A MATTER OF ADMINISTRATIVE DISCRETION TO BE EXERCISED WITHIN THE FRAMEWORK OF APPLICABLE LAWS.

IN THE LIGHT OF THE FOREGOING, IT IS HELD THAT WHEN A FEDERAL EMPLOYEE PERFORMS TRAVEL BY GOVERNMENT AUTOMOBILE HE IS NOT ENTITLED TO REIMBURSEMENT OF TAXICAB FARES INCURRED BETWEEN HIS RESIDENCE AND THE CONTRACT GARAGE WHERE THE VEHICLE IS STORED; HENCE, CERTIFICATION OF THE VOUCHER FOR PAYMENT IS NOT AUTHORIZED.