B-96243, JULY 24, 1950, 30 COMP. GEN. 25

B-96243, JULY 24, 1950, 30 COMP. GEN. 25

APPROPRIATIONS - FISCAL YEAR - AVAILABILITY BEYOND - TRAVEL AND TRANSPORTATION EXPENSES UNDER SECTION 106 OF THE DEPARTMENT OF STATE APPROPRIATION ACT, 1950, EXTENDING THE AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF TRAVEL OF PERSONNEL AND THEIR DEPENDENTS OUTSIDE CONTINENTAL UNITED STATES, INCLUDING TRANSPORTATION OF HOUSEHOLD EFFECTS, ETC., IN THE CASE OF TRAVEL OR TRANSPORTATION BEGUN, BUT NOT COMPLETED, DURING THE FISCAL YEAR 1950, THE NECESSARY EXPENSES INCURRED INCIDENT TO SUCH TRAVEL OR TRANSPORTATION ARE TO BE CONSIDERED AS A PART THEREOF AND MAY BE CHARGED TO THE 1950 APPROPRIATION, PROVIDED SUCH EXPENSES ARE NOT INCURRED AT A TIME TOO FAR REMOVED FROM THE ACTUAL TRAVEL OR TRANSPORTATION INVOLVED.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF STATE, JULY 24, 1950:

REFERENCE IS MADE TO LETTER OF JUNE 20, 1950, FILE NO. DF/X, FROM THE DEPUTY UNDER SECRETARY OF STATE REQUESTING A DECISION AS TO "WHEN ANY PART OF * * * TRAVEL OR TRANSPORTATION BEGINS" WITHIN THE MEANING OF THAT PHRASE AS USED IN SECTION 106 OF THE DEPARTMENT OF STATE APPROPRIATION ACT, 1950, PUBLIC LAW, 179, 81ST CONGRESS, 63 STAT. 457, SAID SECTION 106 PROVIDING AS FOLLOWS:

APPROPRIATIONS UNDER THIS ACT AVAILABLE FOR EXPENSES IN CONNECTION WITH TRAVEL OF PERSONNEL OUTSIDE THE CONTINENTAL UNITED STATES, INCLUDING TRAVEL OF DEPENDENTS AND TRANSPORTATION OF PERSONAL EFFECTS, HOUSEHOLD GOODS, OR AUTOMOBILES OF SUCH PERSONNEL, SHALL BE AVAILABLE FOR SUCH EXPENSES WHEN ANY PART OF SUCH TRAVEL OR TRANSPORTATION BEGINS IN THE CURRENT FISCAL YEAR PURSUANT TO TRAVEL ORDERS ISSUED IN THAT YEAR, NOTWITHSTANDING THE FACT THAT SUCH TRAVEL OR TRANSPORTATION MAY NOT BE COMPLETED DURING THE CURRENT FISCAL YEAR.

IT IS STATED IN YOUR LETTER THAT THE DEPARTMENT OF STATE BELIEVES THE ABOVE-QUOTED APPROPRIATION PROVISION WAS INTENDED TO AUTHORIZE THE OBLIGATION AND CHARGING OF ALL EXPENSES OF TRAVEL AND TRANSPORTATION COVERED THEREUNDER, INCLUDING ALL EXPENSES INCIDENTAL THERETO, TO IDENTICAL FISCAL YEAR APPROPRIATIONS; THAT INCIDENTAL EXPENSES TO SUCH TRAVEL AND TRANSPORTATION INCLUDE TAXICAB, OR OTHER PUBLIC TRANSPORTATION, FARES FROM EMPLOYEE'S PLACE OF RESIDENCE EN ROUTE TO THE TERMINAL, CHARGES FOR INOCULATIONS, VISAS, PASSPORTS, PHOTOGRAPHS FOR PASSPORTS, BIRTH AND HEALTH CERTIFICATES, AS WELL AS CHARGES FOR PACKING OF PERSONAL EFFECTS AND HOUSEHOLD GOODS AT RESIDENCE, OR FOR DRAYAGE OF SUCH EFFECTS OR GOODS TO A WAREHOUSE FOR PACKING OR TEMPORARY STORAGE, OR TO A TERMINAL FOR SHIPMENT. SPECIFICALLY, DECISION IS REQUESTED UPON THE QUESTIONS STATED IN THE LETTER, AS FOLLOWS:

1. WOULD YOUR OFFICE BE REQUIRED TO OBJECT TO FISCAL-YEAR OBLIGATIONS BEING INCURRED ON THE BASIS OF COMMENCEMENT OF ANY ELEMENT OF EXPENSE OR MOVEMENT CONNECTED WITH TRAVEL OR TRANSPORTATION PURSUANT TO SUCH TRAVEL ORDERS, INCLUDING SUCH ITEMS AS THE TIME OF LEAVING RESIDENCE BY TAXICAB OR OF PICKUP OF HOUSEHOLD GOODS FOR PACKING? WOULD YOUR REPLY ALSO APPLY TO DRAYAGE OF EFFECTS TO A WAREHOUSE FOR PACKING AND TEMPORARY STORAGE IF TRANSPORTATION OF THE EFFECTS FROM THAT CITY DID NOT MATERIALIZE WITHIN THE PRESCRIBED TIME LIMIT UNDER THE REGULATIONS?

2. SINCE EXPENSES INCURRED FOR OBTAINING BIRTH CERTIFICATES AND PHOTOGRAPHS FOR PASSPORTS, AND INOCULATIONS REPRESENT LEGITIMATE ITEMS INCIDENTAL TO THIS TYPE OF TRAVEL AND SHOULD BE CHARGED TO THE SAME APPROPRIATION UNDER WHICH THE TRAVEL ORDER IS OBLIGATED, MAY SUCH EXPENSES ALSO BE CONSTRUED AS A "PART OF THE TRAVEL OR TRANSPORTATION" FOR ESTABLISHING THE FISCAL-YEAR OBLIGATION? OTHERWISE, WHEN THESE EXPENSES ARE INCURRED PRIOR TO THE CLOSE OF THE FISCAL YEAR IN WHICH THE TRAVEL ORDER IS ISSUED BUT ACTUAL MOVEMENT OF TRAVEL AND TRANSPORTATION IS DELAYED UNTIL THE SUBSEQUENT FISCAL YEAR, ALL EXPENSES WOULD APPEAR TO BE CHARGEABLE TO THE FISCAL YEAR CURRENT AT TIME OF EXPENDITURE, THEREBY DEFEATING THE PURPOSE OF THE LEGISLATION.

THE LANGUAGE OF THE 1950 APPROPRIATION ACT HEREINBEFORE QUOTED IS IDENTICAL WITH THAT FOUND IN SECTION 106 OF THE DEPARTMENT OF STATE'S 1949 APPROPRIATION ACT, PUBLIC LAW 597, 80TH CONGRESS, 62 STAT. 316. APPEARS THAT SAID LANGUAGE WAS INCLUDED IN THOSE ACTS IN ORDER THAT THE DEPARTMENT MIGHT BE AUTHORIZED TO CHARGE ALL TRAVEL AND TRANSPORTATION EXPENSES TO THE APPROPRIATION CURRENT AT THE TIME ANY PART OF THE TRAVEL OR TRANSPORTATION INVOLVED ACTUALLY BEGINS, THUS AVOIDING THE UNCERTAINTY CAUSED BY CARRYING SUCH CHARGES FROM ONE FISCAL YEAR TO ANOTHER. 29 COMP. GEN. 142. WHILE THE LANGUAGE IN QUESTION IS NOT SPECIFIC UPON THE SUBJECT OF INCIDENTAL EXPENSES, IT REASONABLY MAY BE CONCLUDED THAT IT WAS INTENDED THEREBY TO INCLUDE WITHIN ITS SCOPE NECESSARY EXPENSES INCIDENTAL TO THE TRAVEL OR TRANSPORTATION SO THAT, IN FACT, THE EXPENSES COULD NOT BE CONSIDERED AS INCIDENTAL TO THE TRAVEL OR TRANSPORTATION. ALSO, RELATIVE TO SHIPMENTS OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, YOU ARE ADVISED THAT, WHERE SUCH GOODS OR EFFECTS ARE PLACED IN TEMPORARY STORAGE- -- SUCH AS, IN THE USUAL CASE, DRAYAGE TO STORAGE AT PLACE OF ORIGIN OF SHIPMENT, WAREHOUSE CHARGES FOR UNLOADING FOR STORAGE, WRAPPING, FUMIGATING, DRAYAGE TO RESIDENCE FROM PLACE OF STORAGE AT DESTINATION-- SUCH ITEMS OF EXPENSE INCLUDING STORAGE ARE TO BE CONSIDERED AS PART OF "TRAVEL OR TRANSPORTATION" WITHIN THE MEANING OF THOSE WORDS AS USED IN THE APPROPRIATION PROVISION UNDER CONSIDERATION. THE CONCLUSIONS STATED IN 2 COMP. GEN. 427; 20 ID. 568; AND 29 ID. 100, CITED IN THE DEPUTY UNDER SECRETARY'S LETTER, RELATING TO WHEN TRAVEL AND TRANSPORTATION IN FACT BEGINS, HAVE NO APPLICATION TO THE SITUATION HERE INVOLVED.

ACCORDINGLY, AND SUBJECT TO THE ABOVE STATED QUALIFICATION, QUESTION 1 AND THE ALTERNATE QUESTION THEREUNDER ARE ANSWERED IN THE NEGATIVE, AND AFFIRMATIVE, RESPECTIVELY, AND QUESTION 2 IN THE AFFIRMATIVE.