B-20378, OCTOBER 14, 1941, 21 COMP. GEN. 333

B-20378, OCTOBER 14, 1941, 21 COMP. GEN. 333

TRANSPORTATION - DEPENDENTS - CIVILIAN EMPLOYEES OF THE NAVAL ESTABLISHMENT WHILE THE TERM "TRAVELING EXPENSES" AS USED IN THE NAVAL APPROPRIATION ACT, 1942, IN CONNECTION WITH CIVILIAN EMPLOYEES EMBRACES TRANSPORTATION AND SUBSISTENCE EXPENSES, THE WORD "TRAVEL" AS USED IN SAID ACT WITH RESPECT TO DEPENDENTS OF EMPLOYEES DOES NOT INCLUDE SUBSISTENCE OR OTHER EXPENSES NOT INCLUDED IN THE REGULAR FARE FOR TRANSPORTATION BY A COMMERCIAL CARRIER. PAYMENTS MADE UNDER THE NAVAL APPROPRIATION ACT, 1942, IN CONNECTION WITH THE "TRAVEL" OF DEPENDENTS OF CIVILIAN EMPLOYEES OF THE NAVAL ESTABLISHMENT ARE LIMITED TO SUBSTANTIALLY THE SAME EXTENT AS THOSE NOW MADE UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, RELATING TO "TRANSPORTATION" OF DEPENDENTS OF NAVY PERSONNEL, AND SO, MAY BE GOVERNED BY THE SAME REGULATIONS, IF THE SECRETARY OF THE NAVY SO PRESCRIBES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, OCTOBER 14, 1941:

THERE HAS BEEN CONSIDERED YOUR LETTER DATED SEPTEMBER 9, 1941, WITH WHICH YOU TRANSMITTED A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED AUGUST 30, 1941, AS FOLLOWS:

1. THE NAVY APPROPRIATION ACT FOR THE FISCAL YEAR 1942 ( PUBLIC, NO. 48, 77TH CONGRESS) APPROVED MAY 6, 1941, UNDER " MISCELLANEOUS EXPENSES" CONTAINS THE FOLLOWING:

"FOR TRAVELING EXPENSES OF CIVILIAN EMPLOYEES, INCLUDING THE TRAVEL OF DEPENDENTS OF EMPLOYEES TO AND FROM NAVY YARDS OR STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.' * * * ( ITALICS SUPPLIED.)

2. THE TERM "TRAVEL EXPENSES" INCLUDES A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE EXPENSES AND OTHER EXPENSES DEFINED AS TRANSPORTATION EXPENSES IN THE STANDARDIZED GOVERNMENT REGULATIONS AS AMENDED.

3.SOME DOUBT EXISTS AS TO WHETHER THE WORD "TRAVEL" AS USED FOR DEPENDENTS IN THE ACT ABOVE QUOTED IS INTENDED TO INCLUDE A PER DIEM ALLOWANCE AND CERTAIN TRANSPORTATION EXPENSES WHEN SUCH ITEMS ARE NOT INCLUDED IN THE REGULAR FARE PAID FOR TRANSPORTATION ON COMMERCIAL CARRIER.

4. IN THE ACT OF MAY 18, 1920 (41 STAT. 604) (34 U.S.C. 896), IN CONJUNCTION WITH ACT OF JUNE 1, 1926 (44 STAT. 680) (37 U.S.C. 21), PROVISION IS MADE FOR THE FURNISHING OF TRANSPORTATION TO DEPENDENTS OF NAVY PERSONNEL. TO ALLOW A PER DIEM ALLOWANCE AND OTHER EXPENSES TO DEPENDENTS OF CIVILIAN EMPLOYEES WOULD BE GRANTING TO SUCH DEPENDENTS PRIVILEGES WHICH ARE NOT NOW AUTHORIZED FOR DEPENDENTS OF NAVY PERSONNEL.

5. IT IS REQUESTED THAT DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER THE WORD "TRAVEL" AS USED IN THE NAVY APPROPRIATION ACT FOR 1942, SUPRA, DOES OR DOES NOT INCLUDE A PER DIEM ALLOWANCE AND OTHER EXPENSES WHEN THESE ITEMS ARE NOT INCLUDED IN THE REGULAR FARE FOR TRANSPORTATION BY COMMERCIAL CARRIER. IF THE DECISION IS NEGATIVE, FURTHER DECISION IS REQUESTED AS TO WHETHER THE WORD "TRAVEL" AS USED IN THE APPROPRIATION ACT AND THE WORD "TRANSPORTATION" AS USED IN THE ACT OF MAY 18, 1920, ARE TO ALL INTENTS AND PURPOSES THE SAME, AND WHETHER THE DEPENDENTS TRAVELING UNDER EITHER STATUTE SHOULD BE SUBJECT TO SUBSTANTIALLY THE SAME RULES AND REGULATIONS.

THE PERTINENT PROVISION OF THE NAVAL APPROPRIATION ACT, 1942, PUBLIC, NO. 48, 77TH CONGRESS, MAY 6, 1941, 55 STAT. 151, IS AS QUOTED IN THE ABOVE LETTER. THE PROVISION PROVIDES FOR TRAVELING EXPENSES OF CIVILIAN EMPLOYEES OF THE NAVAL ESTABLISHMENT AND IN ADDITION TO TRAVELING EXPENSES OF THE EMPLOYEES A PROVISION HAS BEEN MADE FOR AN AMOUNT COVERING THE "TRAVEL OF DEPENDENTS OF EMPLOYEES TO AND FROM NAVY YARDS OR STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.' THE TERM "TRAVEL EXPENSES" ORDINARILY CONSISTS OF TWO CLASSES OF EXPENSES. THE FIRST EMBRACES EXPENSES FOR TRANSPORTATION AND THE OTHER EMBRACES EXPENSES OF SUBSISTENCE. ON THE OTHER HAND, THE WORD "TRAVEL" AS USED IN THE APPROPRIATION ACT DOES NOT HAVE SUCH A WELL DEFINED MEANING. IT HAS BEEN USED IN CONNECTION WITH THE TRANSPORTATION OF DEPENDENTS OF ARMY PERSONNEL TO MEAN THE SAME AS "TRANSPORTATION.' SEE SECTION ENTITLED " TRAVEL OF THE ARMY" OF THE ACT OF FEBRUARY 12, 1940, 54 STAT. 24, AND SECTIONS ENTITLED " ORGANIZED RESERVES," 52 STAT. 662, 53 STAT. 613, AND 54 STAT. 373.

IN CONNECTION WITH THE EMPLOYEES THEMSELVES, THE DRAFTERS OF THE NAVAL APPROPRIATION ACT USED THE TERM "TRAVEL EXPENSES," A TERM WHICH HAS APPEARED IN THE APPROPRIATIONS FOR THE NAVAL ESTABLISHMENT FOR MANY YEARS AND THE MEANING OF WHICH MUST HAVE BEEN KNOWN, AND SINCE THE SAME TERM WAS NOT USED IN CONNECTION WITH THE EMPLOYEES' DEPENDENTS, BUT INSTEAD THE WORD "TRAVEL" WAS USED, IT SEEMS EVIDENT THAT WITH RESPECT TO THE DEPENDENTS IT WAS NOT INTENDED TO MAKE PROVISION FOR PER DIEM OR OTHER EXPENSES NOT INCLUDED IN THE REGULAR FARE FOR TRANSPORTATION BY A COMMERCIAL CARRIER.

ACCORDINGLY, THE FIRST QUESTION IN THE LAST PARAGRAPH OF THE LETTER QUOTED ABOVE IS ANSWERED IN THE NEGATIVE.

THE SECOND QUESTION IS AS TO WHETHER IF THE WORD "TRAVEL" AS USED IN THE APPROPRIATION ACT MEANS ONLY WHAT IS IMPORTED BY THE WORD "TRANSPORTATION" AS USED IN THE ACT OF MAY 18, 1920, 41 STAT. 604, 3 U.S.C. 986, OFFICERS OR EMPLOYEES ARE ENTITLED TO THE BENEFITS OF EITHER STATUTE SUBJECT SUBSTANTIALLY TO THE SAME RULES AND REGULATIONS. YOU ARE ADVISED THAT WHILE THE RULES GOVERNING PAYMENTS UNDER SECTION 12 OF THE ACT OF MAY 18, 1920, SUPRA, ARE NECESSARILY THOSE REQUIRED BY THE SUBSTANTIVE LAW AND SUCH ADMINISTRATIVE REGULATIONS AS ARE AUTHORIZED TO BE PRESCRIBED, THE PAYMENTS MADE UNDER THE NAVY APPROPRIATIONS ACT, 1942, IN CONNECTION WITH THE TRANSPORTATION OF AN EMPLOYEE'S DEPENDENTS ARE SUBSTANTIALLY LIMITED TO THE SAME EXTENT AND IF YOU SO PRESCRIBE MAY BE GOVERNED BY THE SAME REGULATIONS.