B-125293, AUGUST 21, 1957, 37 COMP. GEN. 119

B-125293, AUGUST 21, 1957, 37 COMP. GEN. 119

OVERSEAS EMPLOYEES - TRAVEL EXPENSES - HOME LEAVE - RESIDENCE IN A TERRITORY OF THE UNITED STATES - ALTERNATE DESTINATION AN OVERSEAS EMPLOYEE MAY BE AUTHORIZED TRAVEL AND TRANSPORTATION EXPENSES FOR HOME LEAVE TO AN ALTERNATE DESTINATION IN THE TERRITORY IN WHICH HE HAS HIS RESIDENCE PROVIDED THE COST PAYABLE BY THE GOVERNMENT IS RESTRICTED TO THE ACTUAL COST INCURRED NOT TO EXCEED THE CONSTRUCTIVE COST TO THE ACTUAL PLACE OF RESIDENCE IN THE TERRITORY. AN OVERSEAS EMPLOYEE WHOSE ACTUAL RESIDENCE IS LOCATED IN A TERRITORY OF THE UNITED STATES MAY NOT BE AUTHORIZED HOME LEAVE TRAVEL OR TRANSPORTATION EXPENSES TO THE CONTINENTAL UNITED STATES.

TO THE SECRETARY OF COMMERCE, AUGUST 21, 1957:

ON JUNE 28, 1957, YOUR ASSISTANT SECRETARY REQUESTED OUR DECISION UPON A SITUATION CONCERNING THE AUTHORIZATION OF TRAVEL AND TRANSPORTATION EXPENSES FOR HOME LEAVE TO EMPLOYEES IN THE CIVIL AERONAUTICS ADMINISTRATION WHO ARE STATIONED IN THE TERRITORY OF ALASKA AND WHOSE PLACES OF ACTUAL RESIDENCE HAVE BEEN ADMINISTRATIVELY ESTABLISHED AS BEING LOCATED IN THE TERRITORY OF HAWAII. HE SAYS THESE EMPLOYEES HAVE REQUESTED HOME LEAVE TO THEIR PLACES OF ACTUAL RESIDENCE IN HAWAII, AND IN LIEU THEREOF IN SOME INSTANCES, TO CONTINENTAL UNITED STATES. HIS SPECIFIC QUESTION IS WHETHER TRAVEL AND TRANSPORTATION EXPENSES MAY BE AUTHORIZED "WHEN THESE EMPLOYEES REQUEST "HOME LEAVE" TO THE TERRITORY IN WHICH THEY HAVE THEIR "PLACES OF RESIDENCE" OR TO THE CONTINENTAL UNITED STATES PROVIDED THAT THE EXPENSES DO NOT EXCEED THOSE ALLOWABLE TO THE TERRITORY OF THEIR "PLACES OF ACTUAL RESIDENCE.'"

THE STATUTORY AUTHORITY FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES FOR HOME LEAVE PURPOSES IS CODIFIED IN 5 U.S.C. 73B- 3 AS FOLLOWS:

* * * THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY BUT EXCLUDING HOUSEHOLD AFFECTS, FROM THEIR POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS OF DUTY, SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST, UNDER A NEW WRITTEN AGREEMENT ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST: *

THE REGULATIONS IMPLEMENTING THAT AUTHORITY ARE CONTAINED IN SECTION 27 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY BUREAU OF THE BUDGET CIRCULAR A-4, MAY 2, 1955, AND PROVIDE IN PERTINENT PART AS FOLLOWS:

* * * IF LEAVE IS TAKEN AT ANOTHER LOCATION WITHIN THE COUNTRY, TERRITORY, OR POSSESSION IN WHICH SUCH PLACE OF ACTUAL RESIDENCE IS LOCATED, THE TRAVEL AND TRANSPORTATION EXPENSES ALLOWABLE SHALL NOT EXCEED THOSE ALLOWED OVER A USUALLY TRAVELED ROUTE BETWEEN THE POST OF DUTY AND SUCH PLACE OF ACTUAL RESIDENCE AND RETURN TO THE SAME OR A DIFFERENT POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

AS WE EXPLAINED IN OUR DECISION OF AUGUST 15, 1957, B-132331, 37 COMP. GEN. 113, THE STATEMENT IN OUR DECISION OF OCTOBER 28, 1953, 35 COMP. GEN. 244, 246, THAT "THE ONLY DETERMINATION NECESSARY REGARDING THE RETURN DESTINATION OF EMPLOYEES ON "HOME LEAVE" TRAVEL IS THAT THE COST THEREOF CHARGEABLE TO THE GOVERNMENT SHOULD NOT EXCEED THE COST OF ROUND TRIP TRAVEL TO THE "PLACES OF ACTUAL RESIDENCE" AT TIME OF APPOINTMENT OR TRANSFER TO OVERSEAS POST OF DUTY," WAS NOT INTENDED TO BE CONSTRUED AS RECOGNIZING A "TRAVEL TOUR" CONCEPT. THE STATUTE AUTHORIZES TRAVEL FOR LEAVE PURPOSES TO "PLACES OF ACTUAL RESIDENCE.' AS RECOGNIZED IN 35 COMP. GEN. 246, THAT PHRASE IS NOT VIEWED AS REQUIRING TRAVEL TO THE ACTUAL RESIDENCE BEFORE THE TRAVEL EXPENSES ARE ALLOWABLE. HOWEVER, THE ABOVE- QUOTED STATUTORY REGULATIONS AUTHORIZE TRAVEL ONLY TO "ANOTHER LOCATION WITHIN THE COUNTRY, TERRITORY, OR POSSESSION IN WHICH SUCH PLACE OF ACTUAL RESIDENCE IS LOCATED.' THEY DO NOT PROVIDE FOR TRAVEL TO VARIOUS LOCATIONS FOR PERSONAL CONVENIENCE. THE REGULATIONS DO PERMIT ELECTION OF AN ALTERNATE DESTINATION, WHICH ORDINARILY SHOULD BE SPECIFIED IN ADVANCE OF THE TRAVEL, AND THE COST PAYABLE BY THE GOVERNMENT FOR TRAVEL TO THE ALTERNATE LOCATION IS RESTRICTED TO THE COST ACTUALLY INCURRED AND MAY NOT EXCEED CONSTRUCTIVE COST TO ACTUAL PLACE OF RESIDENCE. SEE B 132331, AUGUST 15, 1957, 37 COMP. GEN. 113.

PURSUANT TO THE ABOVE-STATED VIEWS, THE EMPLOYEES IN THE FIRST PART OF YOUR QUESTION WHO REQUEST HOME LEAVE IN THE TERRITORY IN WHICH THEY HAVE THEIR PLACES OF RESIDENCE MAY BE AUTHORIZED TRAVEL AND TRANSPORTATION EXPENSES FOR HOME LEAVE TO THEIR ACTUAL RESIDENCE OR TO AN ALTERNATE DESTINATION IN THE TERRITORY. HOWEVER, THE COST PAYABLE BY THE GOVERNMENT FOR TRAVEL TO AN ALTERNATE LOCATION IS RESTRICTED TO THE COST ACTUALLY INCURRED AND MAY NOT EXCEED CONSTRUCTIVE COST TO THEIR ACTUAL PLACES OF RESIDENCE IN THE TERRITORY.

THE SECOND PART OF YOUR QUESTION CONCERNS EMPLOYEES WHOSE PLACES OF ACTUAL RESIDENCE HAVE BEEN ADMINISTRATIVELY ESTABLISHED AS BEING LOCATED IN THE TERRITORY OF HAWAII AND WHO REQUEST HOME LEAVE IN THE CONTINENTAL UNITED STATES. THE ABOVE-QUOTED STATUTORY REGULATIONS SPECIFICALLY RESTRICT THE ALLOWABLE TRAVEL AND TRANSPORTATION EXPENSES TO ANOTHER LOCATION "WITHIN THE COUNTRY, TERRITORY, OR POSSESSION IN WHICH SUCH PLACE OF ACTUAL RESIDENCE IS LOCATED.' THEY DO NOT AUTHORIZE TRAVEL TO ANOTHER TERRITORY, POSSESSION, OR TO THE CONTINENTAL UNITED STATES WHEN THE EMPLOYEE'S PLACE OF ACTUAL RESIDENCE IS LOCATED IN A TERRITORY. THEREFORE, THE EMPLOYEES WHOSE PLACES OF ACTUAL RESIDENCE ARE LOCATED IN THE TERRITORY OF HAWAII MAY NOT BE AUTHORIZED "HOME LEAVE" TRAVEL OR TRANSPORTATION EXPENSES TO THE CONTINENTAL UNITED STATES.