B-159345, JUN. 20, 1966, 45 COMP. GEN. 814

B-159345, JUN. 20, 1966, 45 COMP. GEN. 814

TRAVEL ALLOWANCES - NATIONAL TEACHER CORPS - TRAINING NATIONAL TEACHER CORPS MEMBERS WHO TRAVEL FROM PLACE OF RESIDENCE TO A PRESERVICE TRAINING INSTITUTION AND SUBSEQUENTLY TO PLACE OF ASSIGNMENT MAY BE PAID A TRAVEL ALLOWANCE PURSUANT TO THE AUTHORITY IN 514 (B) OF PUBLIC LAW 89-329, THE "HIGHER EDUCATION ACT OF 1965," PRESCRIBING PAYMENT OF SUBSISTENCE ALLOWANCES AND OTHER EXPENSES INCIDENT TO A PERIOD OF TRAINING, THE TERM "OTHER EXPENSES" BEING SUFFICIENTLY BROAD TO COVER THE EXPENSES OF TRAVEL INCIDENT TO TRAINING. COLLEGES, SCHOOLS, ETC. - NATIONAL TEACHER CORPS - TRAVEL AND TRANSPORTATION EXPENSES - ACTUAL EXPENSES V. ALLOWANCE THE TRAVEL AND TRANSPORTATION EXPENSES INCURRED BY A NATIONAL TEACHER CORPS MEMBER INCIDENT TO SERVICE IN THE CORPS MAY BE REIMBURSED ONLY ON AN ACTUAL EXPENSE BASIS UNDER SECTION 514 (C) OF THE HIGHER EDUCATION ACT OF 1965 (20 U.S.C. 1104), PRESCRIBING PAYMENT OF THE "NECESSARY TRAVEL EXPENSES" OF A CORPSMAN AND HIS DEPENDENTS AND THE "NECESSARY EXPENSES OF TRANSPORTATION" OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, AND "OTHER NECESSARY EXPENSES" AS ARE DIRECTLY RELATED TO SERVICE IN THE CORPS, AUTHORITY THAT DOES NOT PERMIT THE ESTABLISHMENT OF AN ALLOWANCE TO COVER THE TRAVEL AND TRANSPORTATION EXPENSES INCURRED INCIDENT TO ACTUAL SERVICE AS DISTINGUISHED FROM TRAINING.

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, JUNE 20, 1966:

ON JUNE 3, 1966, YOUR ACTING SECRETARY REQUESTED OUR DECISION CONCERNING THE LEGAL PROPRIETY OF PLACING IN EFFECT THE PROPOSALS DESCRIBED IN HIS LETTER AS FOLLOWS:

WE PROPOSE TO ESTABLISH TRAVEL ALLOWANCES TO COVER THE EXPENSES OF THE CORPSMAN FROM HIS PLACE OF RESIDENCE TO THE INSTITUTION FOR PRESERVICE TRAINING AND SUBSEQUENTLY TO HIS PLACE OF ASSIGNMENT DETERMINED ON THE BASIS OF ONE-WAY TOURIST CLASS, AIR FARE ON A ONE WAY MILEAGE BASIS INCLUDING AN ESTIMATED AMOUNT FOR TAXI FARES. (SEE EXHIBIT A)

WE WOULD DETERMINE AN ALLOWANCE TO COVER THE EXPENSES FOR TRAVEL OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS ON A SOMEWHAT SIMILAR BASIS, I.E., UTILIZE THE INFORMATION CONTAINED IN EXHIBIT B ATTACHED (WHICH WE PROCURED FROM THE STATE DEPARTMENT) TO DETERMINE THE NET WEIGHT OF THE CORPSMAN'S HOUSEHOLD GOODS AND APPLY THESE WEIGHTS IN ESTABLISHING AN AMOUNT TO BE PAID ON A COMMUTED BASIS IN ACCORDANCE WITH THE PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR A-56.

THE STATUTORY AUTHORITY UNDER WHICH THE PROPOSALS ARE PREDICATED IS SECTION 514 OF PUBLIC LAW 89-329, 20 U.S.C. 1104, QUOTED IN YOUR ACTING SECRETARY'S LETTER AS FOLLOWS:

(B) FOR ANY PERIOD OF TRAINING UNDER THIS PART THE COMMISSIONER SHALL PAY TO MEMBERS OF THE TEACHER CORPS SUCH STIPENDS (INCLUDING ALLOWANCES FOR SUBSISTENCE AND OTHER EXPENSES FOR SUCH MEMBERS AND THEIR DEPENDENTS) AS HE MAY DETERMINE TO BE CONSISTENT WITH PREVAILING PRACTICES UNDER COMPARABLE FEDERALLY SUPPORTED TRAINING PROGRAMS.

(C) THE COMMISSIONER SHALL PAY THE NECESSARY TRAVEL EXPENSES OF MEMBERS OF THE TEACHER CORPS AND THEIR DEPENDENTS AND NECESSARY EXPENSES FOR THE TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF SUCH MEMBERS AND THEIR DEPENDENTS, AND SUCH OTHER NECESSARY EXPENSES OF MEMBERS AS ARE DIRECTLY RELATED TO THEIR SERVICE IN THE CORPS, INCLUDING READJUSTMENT ALLOWANCES PROPORTIONATE TO SERVICE.

THE LEGAL EFFECT OF THE STATUTORY LANGUAGE USED IN SUBSECTIONS (B) AND(C), 20 U.S.C. 1104 (B), 1104 (C), IS SIGNIFICANTLY DIFFERENT. SUBSECTION (B) AUTHORIZES THE PAYMENT OF ALLOWANCES FOR SUBSISTENCE AND OTHER EXPENSES INCIDENT TO A PERIOD OF TRAINING. THE TERM "OTHER EXPENSES" IS SUFFICIENTLY BROAD TO COVER EXPENSES OF TRAVEL INCIDENT TO TRAINING. WE, THEREFORE, PERCEIVE NO LEGAL OBJECTION TO THE PAYMENT OF A TRAVEL ALLOWANCE SUCH AS IS PROPOSED IN YOUR ACTING SECRETARY'S LETTER TO A MEMBER OF THE TEACHER CORPS INCIDENT TO A PERIOD OF PRESERVICE TRAINING.

ON THE OTHER HAND, SUBSECTION (C) PROVIDES FOR THE PAYMENT OF, NOT AN ALLOWANCE, BUT THE ,NECESSARY TRAVEL EXPENSES" OF A MEMBER OF THE CORPS AND HIS DEPENDENTS AND THE "NECESSARY EXPENSES OF TRANSPORTATION" OF HOUSEHOLD GOODS AND PERSONAL EFFECTS. CONSISTENT WITH THE LONG ESTABLISHED RULE OF THIS OFFICE SUCH LANGUAGE MUST BE CONSTRUED AS AUTHORITY FOR REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS ONLY. SEE 40 COMP. GEN. 226, 230; 30 ID. 183; 27 ID. 59; 24 ID. 257; 21 ID. 610 AND 15 ID. 206.

IN LINE WITH THE FOREGOING DECISIONS WE MUST CONCLUDE THAT, IN THE ABSENCE OF A STATUTORY PROVISION SO AUTHORIZING, REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION EXPENSES WHICH ARE DIRECTLY RELATED TO ACTUAL SERVICE IN THE CORPS, AS DISTINGUISHED FROM TRAINING, MAY NOT BE MADE IN THE MANNER PROPOSED IN YOUR ACTING SECRETARY'S LETTER.