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TO THE SECRETARY OF THE AIR FORCE: FURTHER REFERENCE IS MADE TO THE REQUEST OF THE HONORABLE NORMAN S. THE PROPOSAL IS TO AMEND PAGE III. INTRODUCTION TO DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL" AS FOLLOWS: "PURPOSE AND AUTHORITY "DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL IS VOLUME 2 OF THE TWO VOLUMES COMPRISING THE JOINT TRAVEL REGULATIONS. WHO ARE ENTITLED TO PER DIEM. IT WILL BE THE SOLE ENTITLEMENT IMPLEMENTATION BY DEPARTMENT OF DEFENSE COMPONENTS. TRANSPORTATION ALLOWANCES OF THE DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES WILL BE SUBMITTED VIA THE COMMITTEE.'. IS USED AS A BASIS FOR THE PROPOSED AMENDMENT. WE WOULD HAVE NO OBJECTION TO AN AMENDMENT TO SUCH REGULATION WHICH WOULD AUTHORIZE THE COMMITTEE OR THE SECRETARIES TO EXTEND THE TIME LIMIT OF SIX MONTHS.

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B-158880, OCT. 27, 1966

TO THE SECRETARY OF THE AIR FORCE:

FURTHER REFERENCE IS MADE TO THE REQUEST OF THE HONORABLE NORMAN S. PAUL, UNDER SECRETARY OF THE AIR FORCE, SENT US BY THE PER DIEM, TRAVEL AND TRANSPORTATION COMMITTEE ON AUGUST 1, 1966, PDTATAC 66-29, FOR AN ADVANCE DECISION CONCERNING AMENDMENT OF THE JOINT TRAVEL REGULATIONS, VOLUME 2, TO AUTHORIZE EXCEPTIONS TO THE REGULATIONS.

THE PROPOSAL IS TO AMEND PAGE III, VOL. 2, JTR, SUBHEADING "PURPOSE AND AUTHORITY" UNDER ,INTRODUCTION TO DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL" AS FOLLOWS:

"PURPOSE AND AUTHORITY

"DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL IS VOLUME 2 OF THE TWO VOLUMES COMPRISING THE JOINT TRAVEL REGULATIONS. THE VOLUME COMPRISES THE ADMINISTRATIVE REGULATIONS WHICH IMPLEMENT THE STATUTORY AND EXECUTIVE REGULATIONS ISSUED UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, AND OTHER STATUTES PERTAINING TO PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCES OF CIVILIAN EMPLOYEES IN THE DEPARTMENT OF DEFENSE. WITH THE EXCEPTION OF EMPLOYEES OF THE DEPARTMENT OF DEFENSE APPOINTED UNDER SECTION 625 (D) OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, WHO ARE ENTITLED TO PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCES IN ACCORDANCE WITH VOLUME 6, STATE DEPARTMENT FOREIGN AFFAIRS MANUAL, IT WILL BE THE SOLE ENTITLEMENT IMPLEMENTATION BY DEPARTMENT OF DEFENSE COMPONENTS. EXCEPTIONS TO THE REGULATIONS CONTAINED IN VOLUME 2 MAY BE GRANTED WITHIN THE LIMITS OF THE STATUTORY AND EXECUTIVE REGULATIONS BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE WHENEVER THERE SHALL BE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN COMPLYING WITH THE STRICT LETTER OF THE REGULATIONS. AS SPECIFIED IN DEPARTMENT OF DEFENSE DIRECTIVE 5154.20, REQUESTS FOR DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES RELATIVE TO PER DIEM, TRAVEL, AND TRANSPORTATION ALLOWANCES OF THE DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES WILL BE SUBMITTED VIA THE COMMITTEE.'

THE LAST SENTENCE OF THE FOLLOWING PARAGRAPH OF OUR DECISION OF APRIL 28, 1966, B-158880, TO THE SECRETARY OF THE ARMY, IS USED AS A BASIS FOR THE PROPOSED AMENDMENT. THAT PARAGRAPH READS:

"SINCE THE AUTHORITY TO ISSUE TRAVEL REGULATIONS NOW RESTS EXCLUSIVELY WITH THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE IT FOLLOWS THAT UNDER THE REGULATIONS AS PRESENTLY WORDED THE SECRETARIES OF THE UNIFORMED SERVICES MAY NOT WAIVE OR EXTEND THE TIME LIMIT PRESCRIBED IN PARAGRAPH C 7004-2. LIKEWISE, WE DO NOT BELIEVE THAT THE COMMITTEE WOULD WAIVE SUCH PROVISION. 37 COMP. GEN. 820; SERVICE V. DULLES, 354 U.S. 363. HOWEVER, WE WOULD HAVE NO OBJECTION TO AN AMENDMENT TO SUCH REGULATION WHICH WOULD AUTHORIZE THE COMMITTEE OR THE SECRETARIES TO EXTEND THE TIME LIMIT OF SIX MONTHS, BUT NOT BEYOND THE TWO YEARS SPECIFIED IN REGULATIONS OF THE BUREAU OF THE BUDGET, IN INDIVIDUAL CASES WHERE BECAUSE OF UNUSUAL CIRCUMSTANCES A DEPENDENT CANNOT COMPLETE THE ROUND-TRIP TRAVEL WITHIN SIX MONTHS FROM THE BEGINNING DATE OF THE EMPLOYEE'S RENEWAL AGREEMENT TRAVEL.'

THE LAST SENTENCE OF THE PARAGRAPH GOES NO FURTHER THAN TO SAY THAT A SPECIFIC AMENDMENT COULD PROPERLY BE MADE TO PARAGRAPH C 7004-2 FOR THE PURPOSE OF AUTHORIZING AN EXTENSION OF THE SIX-MONTH TIME LIMIT SPECIFIED IN PARAGRAPH C 7004-2 WITHIN THE TWO YEAR PERIOD SPECIFIED IN THE REGULATIONS OF THE BUREAU OF THE BUDGET IN REGARD TO THE MATTERS CONCERNED IN PARAGRAPH C 7004-2. THE PROPOSAL NOW MADE GOES BEYOND THIS SPECIFIC MATTER IN THAT IT IS A PROPOSAL TO INCLUDE A PROVISION STATING THAT THE PER DIEM, TRAVEL AND TRANSPORTATION COMMITTEE HAS AUTHORITY TO GRANT EXCEPTIONS TO ANY OF THE REGULATIONS CONTAINED IN VOLUME 2. THIS, IN OUR VIEW, AMOUNTS TO STATING THAT THE COMMITTEE MAY WAIVE THE REGULATIONS WHICH, AS WE SAID IN THE FIRST PART OF THE PARAGRAPH QUOTED ABOVE FROM OUR DECISION OF APRIL 28, 1966, THE COMMITTEE HAS NO AUTHORITY TO DO. THE REASON IS THAT STATED IN 37 COMP. GEN. 820, WHERE WE HELD THAT A STATUTE WHICH AUTHORIZES AN ADMINISTRATIVE OFFICER TO PRESCRIBE REGULATIONS DOES NOT IMPLY AUTHORITY TO INCLUDE A WAIVER PROVISION IN THE REGULATIONS WHICH WOULD PERMIT THE ADMINISTRATOR IN HIS DISCRETION TO DISREGARD THE REGULATIONS IN CERTAIN INDIVIDUAL CASES AND ENFORCE THEM IN OTHERS. ALSO, AS WE STATED IN THAT DECISION, REGULATIONS MUST CONTAIN A GUIDE OR STANDARD ALIKE TO ALL INDIVIDUALS SIMILARLY SITUATED, SO THAT ANYONE INTERESTED MAY DETERMINE HIS OWN RIGHTS OR EXEMPTIONS THEREIN. WE, THEREFORE, FIND NO LEGAL AUTHORITY FOR THE PROPOSED AMENDMENT.

WE WOULD, OF COURSE, BE GLAD TO DISCUSS WITH YOUR REPRESENTATIVES POSSIBLE SOLUTIONS TO ANY SPECIFIC PROBLEMS.

A COPY OF THIS LETTER IS BEING SENT TO THE PER DIEM, TRAVEL AND TRANSPORTATION COMMITTEE.

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