B-126978, JUN 3, 1960

B-126978, JUN 3, 1960

PRECIS-UNAVAILABLE

MR. SECRETARY:

REFERENCE IS MADE TO LETTER OF APRIL 4, 1960, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER, PERSONNEL AND RESERVE FORCES), REQUESTING RECONSIDERATION OF OUR DECISION OF MAY 17, 1956, B-126978, TO THE SECRETARY OF THE AIR FORCE, WITH RESPECT TO AUTHORITY FOR PAYMENT OF PARKING FEES OF MEMBERS OF THE UNIFORMED SERVICES UNDER CERTAIN CIRCUMSTANCES. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-13.

THE ASSISTANT SECRETARY SAYS THAT IN THE DECISION OF MAY 17, 1956, IT WAS HELD THAT WHILE THERE WOULD APPEAR TO BE NO OBJECTION TO THE PAYMENT OF A MONETARY ALLOWANCE TO A MEMBER OF THE UNIFORMED SERVICES FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE, IN LIEU OF PUBLIC TRANSPORTATION FROM PLACE OF ABODE OR BUSINESS TO PUBLIC CARRIERS, AND RETURN, THERE IS NO STATUTORY AUTHORITY FOR THE PAYMENT OF PARKING FEES IN ADDITION TO SUCH ALLOWANCE. HE STATES THAT IN THAT DECISION IT WAS POINTED OUT THAT DECISION B-107504 OF FEBRUARY 26, 1952, 31 COMP.GEN. 424, WHICH ALLOWED PARKING FEES IN ADDITION TO MILEAGE FOR TRAVEL BY A CIVILIAN EMPLOYEE BY PRIVATELY OWNED AUTOMOBILE FROM THE EMPLOYEE'S RESIDENCE TO AIRPORT AND RETURN, NOT TO EXCEED USUALLY ALLOWABLE TAXICAB FARE, WAS BASED IN THE STATUTES AND REGULATIONS GOVERNING OFFICIAL TRAVEL OF CIVILIAN PERSONNEL WHICH DIFFER IN SOME RESPECTS FROM THOSE APPLICABLE TO MILITARY PERSONNEL.

THE ASSISTANT SECRETARY FURTHER STATES, HOWEVER, THAT IN DECISION OF AUGUST 26, 1959, B-126978, 39 COMP.GEN. 131, IN WHICH WE INTERPOSED NO OBJECTION TO A PROPOSED AMENDMENT TO THE JOINT TRAVEL REGULATIONS TO AUTHORIZE PAYMENT OF AN ALLOWANCE BASED ON ROUND-TRIP MILEAGE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE IN CERTAIN CIRCUMSTANCES, WE CITED THE PROVISIONS OF SECTION 2(M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, 40 U.S.C. 491(M) AND SENATE REPORT NO. 1941, ON H.R. 8753, 83RD CONGRESS, 2ND 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 THE SUBSECTION TO ALLOW PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES FOR THOSE TRAVELING EXPENSES ON THE SAME BASIS AS PERMITTED FOR CIVILIAN GOVERNMENT EMPLOYEES."

THEREFORE, AND SINCE THE ASSISTANT SECRETARY BELIEVES THAT FOR CERTAIN TRAVEL ON OFFICIAL BUSINESS, PAYMENT OF MILEAGE PLUS PARKING FEES WOULD BE MORE ECONOMICAL TO THE GOVERNMENT THAN TAXICAB FARE, HE REQUESTS AUTHORITY TO AMEND THE JOINT TRAVEL REGULATIONS TO PROVIDE FOR REIMBURSEMENT FOR PARKING FEES IN SUCH CASES.

IN THE DECISION OF AUGUST 26, 1959, WE SAID WE WOULD INTERPOSE NO OBJECTION TO PROPOSED AMENDMENTS TO PARAGRAPHS 4401-2 AND 4402 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF A ROUND-TRIP MILEAGE ALLOWANCE OF SEVEN CENTS PER MILE, IN LIEU OF REIMBURSEMENT FOR THE USE OF TAXICABS, FOR EACH TRIP BY PRIVATELY OWNED AUTOMOBILE BETWEEN THE MEMBER'S RESIDENCE OR DUTY STATION AND CARRIER TERMINAL OR TERMINAL TO HOME INCIDENT TO PERFORMANCE OF ACTUAL TRAVEL AWAY FROM POST OF DUTY, NOT TO EXCEED THE USUAL TAXICAB FARE, INCLUDING ALLOWABLE TIP, FOR A ONE-WAY TRIP FROM HOME TO TERMINAL OR TERMINAL TO HOME AS AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR CIVILIAN EMPLOYEES. THIS ACTION WAS BASED ON THE CONCLUSION THAT, IN THE LIGHT OF THE LEGISLATIVE HISTORY OF SECTION 2(M) OF THE ACT OF SEPTEMBER 1, 1954, 40 U.S.C. 491(M), THE PERTINENT PROVISIONS OF THAT ACT TOGETHER WITH THE PROVISIONS OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949 APPEARED TO PROVIDE, WITHIN THE 7 CENTS PER MILE LIMITATION, SUBSTANTIALLY THE SAME AUTHORITY FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES FOR TRAVEL ON PUBLIC BUSINESS WITHIN OR OUTSIDE THE DESIGNATED POSTS OF DUTY THAT IS PROVIDED FOR CIVILIAN EMPLOYEES BY THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED, WHICH IS THE STATUTORY AUTHORITY FOR THE PROMULGATION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATION.

WHILE THERE IS NO SPECIFIC AUTHORITY FOR PAYMENT OF PARKING FEES AS SUCH, IN EITHER THE CIVILIAN OR MILITARY TRAVEL REGULATIONS, CIVILIAN TRAVELERS ARE ALLOWED CERTAIN PARKING FEES IN ADDITION TO MILEAGE WHEN THE COMBINED AMOUNT OF MILEAGE AND PARKING FEES DOES NOT EXCEED TAXI FARE TO AND FROM THE CARRIER TERMINAL. AND THE REIMBURSEMENT SITUATION WITH RESPECT TO PAYMENT OF SUCH FEES APPEARS TO BE SUBSTANTIALLY THE SAME AS THAT WITH RESPECT TO THE PAYMENT OF ROUND-TRIP MILEAGE FOR THE TWO ROUND TRIPS UNDER THE CIRCUMSTANCES CONSIDERED IN OUR DECISION OF AUGUST 26, 1959, B- 126978. WE THEREFORE CONCLUDE THAT THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE REIMBURSEMENT FOR SUCH FEES PLUS MILEAGE FOR ONE ROUND TRIP FROM HOME OR DUTY STATION TO CARRIER TERMINAL IN THE LIMITED AREA OF TRAVEL INVOLVED IN 31 COMP.GEN. 424 IF THE TOTAL EXPENSE DOES NOT EXCEED TAXI FARE. DECISION OF MAY 17, 1956, B-126978, IS MODIFIED ACCORDINGLY.