B-51908, SEPTEMBER 7, 1945, 25 COMP. GEN. 268

B-51908, SEPTEMBER 7, 1945, 25 COMP. GEN. 268

TRANSPORTATION - DEPENDENTS - TRANSFERRED CIVILIAN EMPLOYEES THE AUTHORITY PROVIDED BY SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, TO PAY THE "EXPENSES OF TRANSPORTATION" OF THE IMMEDIATE FAMILIES OF EMPLOYEES UPON PERMANENT CHANGE OF STATION DOES NOT INCLUDE AUTHORITY FOR PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE. IN ACCORDANCE WITH THE PARTY TICKET PROVISIONS OF PARAGRAPH 30 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ONE TRANSPORTATION REQUEST MAY BE USED TO COVER THE TRANSPORTATION OF MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY TRAVELING TOGETHER IN CONNECTION WITH A PERMANENT CHANGE OF STATION, WHEN SUCH TRANSPORTATION IS TO BE ACCOMPLISHED PURSUANT TO SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, AND EXECUTIVE REGULATIONS THEREUNDER. A TRANSPORTATION REQUEST COVERING THE TRANSPORTATION OF MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AS AUTHORIZED BY SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, AND EXECUTIVE REGULATIONS THEREUNDER, NEED NOT BE SIGNED BY THE EMPLOYEE HIMSELF IF HE DOES NOT PERFORM THE TRAVEL WITH HIS FAMILY, BUT MAY BE SIGNED BY A MEMBER OF THE FAMILY. IN THE ABSENCE OF STATUTORY PROVISION OTHERWISE, THE AUTHORITY OF THE "HEAD OF THE DEPARTMENT OR AGENCY CONCERNED" TO AUTHORIZE PAYMENT OF THE TRANSPORTATION EXPENSES OF AN EMPLOYEE'S IMMEDIATE FAMILY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AS PROVIDED BY SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, MAY NOT BE DELEGATED TO A SUBORDINATE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, SEPTEMBER 7, 1945:

I HAVE YOUR LETTER OF AUGUST 20, 1945, REFERENCE 3, AS FOLLOWS:

REFERENCE IS MADE TO THE ACT OF MAY 3, 1945, AND REGULATIONS IN EXECUTIVE ORDER 9587, DATED JULY 6, 1945, RELATIVE TO THE PAYMENT OF EXPENSES OF TRANSPORTATION OF THE IMMEDIATE FAMILY OF EMPLOYEES OF THE GOVERNMENT WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.

SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946 ( PUBLIC LAW 49, APPROVED MAY 3, 1945), PROVIDES:

"APPROPRIATIONS FOR THE FISCAL YEAR 1946 AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS SHALL BE AVAILABLE ALSO FOR EXPENSES OF TRAVEL PERFORMED BY THEM INCLUDING EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY WHEN AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFER: PROVIDED, THAT SUCH EXPENSES SHALL NOT BE ALLOWED FOR ANY TRANSFER EFFECTED FOR THE CONVENIENCE OF ANY OFFICER OR EMPLOYEE.'

YOUR PROMPT DECISION WILL BE APPRECIATED AS TO WHETHER, PURSUANT TO THE PROVISIONS OF SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, THE "EXPENSES OF TRANSPORTATION" INCLUDE A PER DIEM ALLOWANCE FOR EACH MEMBER OF THE IMMEDIATE FAMILY OF THE GOVERNMENT EMPLOYEE WHILE TRAVELING FROM ONE OFFICIAL STATION TO ANOTHER, IT BEING UNDERSTOOD, OF COURSE, THAT THE TRANSFER WOULD NOT BE AT THE REQUEST OF THE EMPLOYEE NOR FOR HIS PERSONAL CONVENIENCE.

IT IS ALSO DESIRED TO KNOW WHETHER TRANSPORTATION REQUESTS MAY BE USED TO COVER THE TRAVEL FARE OF THE EMPLOYEE'S FAMILY BEING TRANSFERRED AND IF SO, WHETHER ONE TRANSPORTATION REQUEST WILL SUFFICE FOR THE TOTAL NUMBER OF THE FAMILY BEING TRANSPORTED BY THE PUBLIC CONVEYANCE INVOLVED.

THERE WILL BE INSTANCES WHEN THE TRANSFERRED EMPLOYEE AND HIS FAMILY WILL NOT MAKE THE TRIP TOGETHER AND, IN SUCH A CASE, IF TRANSPORTATION REQUESTS ARE USED, IS IT NECESSARY THAT THEY BE SIGNED BY THE EMPLOYEE OR MAY THEY BE SIGNED BY A MEMBER OF HIS FAMILY?

THIS DEPARTMENT HAS A CASE PENDING WHERE A POST OFFICE INSPECTOR WAS ORDERED TO CHANGE HIS DUTY STATION. IT WAS DECIDED THAT HE WAS ENTITLED TO THE EXPENSES OF TRANSPORTATION OF HIS FAMILY, CONSISTING OF HIS WIFE AND TWO CHILDREN, TO HIS NEW DUTY STATION. BECAUSE OF THE LACK OF WHAT WAS CONSIDERED SUFFICIENT INFORMATION COVERING THE MANNER OF ACCOUNTING FOR SUCH EXPENDITURES HE WAS TOLD TO PAY THE EXPENSES OF TRANSPORTATION OF HIS FAMILY AND FURTHER CONSIDERATION WOULD BE GIVEN TO REIMBURSING HIM FOR THE EXPENDITURES. AS A RESULT, HIS WIFE INCURRED AN EXPENSE OF $7.27 FOR TRAIN FARE FOR HERSELF AND ONE CHILD FROM NEWARK, NEW JERSEY TO WASHINGTON, D.C.

IT IS DESIRED TO REIMBURSE THE INSPECTOR FOR THE $7.27 EXPENDED. SINCE A TRANSPORTATION REQUEST WAS NOT USED, I WOULD LIKE TO HAVE YOUR DECISION ON THE QUESTION OF WHETHER HE MAY MAKE AN APPROPRIATE CLAIM IN HIS NEXT TRAVEL EXPENSE ACCOUNT, SUPPORTED BY A PROPER LETTER OF AUTHORIZATION FROM THE CHIEF POST OFFICE INSPECTOR. THIS OFFICIAL IS THE BUREAU HEAD TO WHOM AUTHORITY HAS BEEN DELEGATED TO APPROVE TRANSFERS OF POST OFFICE INSPECTORS AND TO CERTIFY CLAIMS CHARGED TO APPROPRIATIONS OF THE POST OFFICE INSPECTION SERVICE. SEE IN THIS CONNECTION YOUR DECISION A-17977 DATED JUNE 26, 1940.

SO FAR AS CONCERNS THE TRAVEL OF MEMBERS OF THE IMMEDIATE FAMILY OF AN EMPLOYEE INCIDENT TO THE EMPLOYEE'S TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER, THE AUTHORITY CONTAINED IN THE STATUTORY PROVISION (59 STAT. 131) QUOTED IN THE SECOND PARAGRAPH OF YOUR LETTER SPECIFICALLY IS LIMITED TO ,EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT.' SECTION 2, PART II, OF EXECUTIVE ORDER 9587, DATED JULY 6, 1945 (CONTAINING THE REGULATIONS ISSUED BY THE PRESIDENT UNDER THE STATUTE), REFERRED TO IN THE FIRST YOUR LETTER, PROVIDES:

THE TRANSPORTATION OF THE IMMEDIATE FAMILY OF AN OFFICER OR EMPLOYEE SHALL BE SUBJECT TO THOSE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH RELATE TO TRANSPORTATION. THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF TRANSPORTATION BY THE MOST ECONOMICAL ROUTE BETWEEN THE LAST OFFICIAL STATION AND THE NEW OFFICIAL STATION. * * *

AS NO AUTHORITY IS CONTAINED IN THE STATUTE OR REGULATION FOR PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE--- NOT REGARDED AS A PART OF "EXPENSES OF TRANSPORTATION" WITHIN THE MEANING OF THE LAW--- TO MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY, THE QUESTION PRESENTED IN THE THIRD PARAGRAPH OF YOUR LETTER MUST BE AND IS ANSWERED IN THE NEGATIVE. SEE 21 COMP. GEN. 333.

PARAGRAPH 30 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART:

PARTY TICKETS.--- WHEN A TRANSPORTATION REQUEST IS ISSUED FOR A PARTY (MORE THAN 1) IT SHOULD BE DRAWN IN FAVOR OF THE PERSON IN CHARGE OF THE PARTY AND THE NUMBER OF ADDITIONAL PERSONS TRAVELING, AS " JOHN DOE AND 16 OTHERS.' IF MORE THAN ONE PERSON IS SHOWN BY NAME ON THE FACE OF THE REQUEST, ALL WHO ARE NAMED ARE REQUIRED TO SIGN THE RECEIPT. SHOULD TICKETS FOR A LESS NUMBER THAN THAT INDICATED ON THE REQUEST BE SECURED PROPER NOTATION SHOULD BE MADE ON THE BACK OF THE REQUEST. * * *

AS THE REGULATIONS OF THE PRESIDENT RELATING TO THE TRANSPORTATION OF THE IMMEDIATE FAMILY OF THE EMPLOYEE PROVIDE THAT THE ABOVE-QUOTED REGULATION IS APPLICABLE TO THEM PARAGRAPH OF YOUR LETTER ARE ANSWERED IN THE AFFIRMATIVE--- PROVIDED, OF COURSE, AS TO THE SECOND QUESTION, THAT THE MEMBERS OF THE FAMILY TRAVEL TOGETHER.

REFERRING TO THE FIFTH PARAGRAPH OF YOUR LETTER, YOU ARE ADVISED THAT THE TRANSPORTATION REQUESTS MAY BE SIGNED BY THE MEMBERS OF THE FAMILY OF THE EMPLOYEE.

REFERRING TO THE LAST TWO PARAGRAPHS OF YOUR LETTER, ONLY IF THE POSTMASTER GENERAL, WHO IS "THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED" (QUOTING FROM THE STATUTE), RATHER THAN THE CHIEF POST OFFICE INSPECTOR, AUTHORIZED THE TRANSPORTATION OF THE FAMILY OF THE POST OFFICE INSPECTOR "IN THE ORDER DIRECTING SUCH TRANSPORTATION" (ALSO QUOTING FROM THE STATUTE), MAY THE INSPECTOR BE REIMBURSED THE AMOUNT OF $7.27 EXPENDED BY HIS WIFE FOR TRANSPORTATION EXPENSES. SEE 11 COMP. GEN 459; 13 ID. 22L; 14 ID. 532, 643; 15 ID. 37, 171; 17 ID. 606; 20 ID 27. OFFICE LETTER OF JUNE 26, 1940, A-17977, CITED IN THE LAST SENTENCE OF YOUR LETTER, RELATES TO CERTIFICATION BY THE CHIEF POST OFFICE INSPECTOR OF " STATEMENT OF BALANCES DUE ON ACCOUNT OF THE POSTAL SERVICE," AND, ACCORDINGLY, MAY NOT BE REGARDED AS ANY BASIS WHATEVER FOR THE POSTMASTER GENERAL TO DELEGATE TO HIS SUBORDINATE, THE CHIEF POST OFFICE INSPECTOR, THE AUTHORITY VESTED IN HIM BY THE STATUTE HERE INVOLVED TO AUTHORIZE THE PAYMENT OF EXPENSES OF TRAVEL PERFORMED BY EMPLOYEES UPON TRANSFER FROM ONE STATION TO ANOTHER, INCLUDING EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES. NEITHER HAS ANY LAW BEEN CALLED TO ATTENTION WHICH AUTHORIZES THE POSTMASTER GENERAL TO DELEGATE TO A SUBORDINATE THE DUTY IMPOSED UPON HIM BY THE STATUTE HERE INVOLVED. COMPARE B-51674, DATED SEPTEMBER 4, 1945.