REPEATED TRAVEL FROM TEMPORARY DUTY STATIONS OFFICERS OF PUBLIC HEALTH SERVICE.

Officers of the Public Health Service may be ordered to perform repeated travel, entitling them to reimbursement of actual and necessary expenses of travel, between either a temporary or a permanent duty station and a place or places in the same vicinity.

More than one round trip between places is necessary to constitute "repeated travel" within the meaning of section 12, act of June 10, 1922, 42 Stat., 631, and if a place is visited but once the officer is only entitled to mileage for the distance traveled and must provide himself with transportation out of his mileage allowance.

Comptroller General McCarl to the Secretary of the Treasury, April 20, 1923: There has been received by your indorsement, with request for decision, letter of April 10, 1923, of the Surgeon General, United States Public Health Service, as follows:

In the prevention of the spread of trachoma, which is one of the dangerous contagious diseases mentioned in the act making the appropriation for the prevention of epidemics, it is necessary for commissioned medical officers of the service to travel from place to place and sometimes from house to house in isolated counties among the Appalachian Mountains. One of these localities is Knott County, Kentucky, where extensive activities for the control of the disease have been conducted in recent years. It becomes necessary to resurvey this county and to reexamine patients who have been treated for the disease.

There are no railroads or other public conveyance available in Knott County. The trips from community to community and from house to house must accordingly be made on horseback. In view of this situation it is respectfully requested that a decision of the Comptroller General be obtained on the following point:

1. Whether without being relieved from his permanent station in a distant part of the State, an officer may be ordered for temporary duty to Hindman, the county seat of Knott County, Kentucky, and thereafter be given repeated travel orders from Hindman to two or more designated and undesignated points within the county as may be necessary to accomplish the work required.

The appropriation referred to is apparently that contained in the act of February 17, 1922, 42 Stat., 380, in part, as follows:

Prevention of epidemics: To enable the President, in case only of threatened or actual epidemic of * * trachoma, * to aid State and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same, and in such emergency in the execution of any quarantine laws which may be then in force, $400,000.

It is assumed for the purpose of this decision that the resurvey and reexamination proposed is within the statute; that is, that there is a threatened or actual epidemic of trachoma in Knott County, Ky., and that the form or manner of aid in preventing and suppressing the spread of the same has been determined by the President.

Section 12 of the act of June 10, 1922, 42 Stat., 631, in providing for mileage authorizes:

in case when orders are given for travel to be performed repeatedly between two or more places in the same vicinity, as determined by the head of the executive department concerned, he may, in his discretion, direct that actual and necessary expenses only be allowed.

The question as phrased by the Surgeon General seems to be whether an officer on temporary duty away from his permanent station may be directed to perform repeated travel between his temporary duty station and a place or places in the same vicinity for the performance of duty and be entitled to reimbursement of his actual and necessary expenses of travel. Such question is answered in the affirmative. An officer is not in a travel status after arrival at a temporary duty station and is not entitled to reimbursement for any expenses of subsistence at such temporary duty station. Orders to travel repeatedly from and return to his temporary duty station may be issued to him, as are orders to him to travel repeatedly from and return to his permanent station; that is, whether the duty station is temporary or permanent is not material in this connection.

It is possible that what is desired is decision as to what constitutes repeated travel which would entitle the officer to reimbursement of his actual and necessary expenses of travel rather than mileage under the peculiar conditions described.

Actual and necessary expenses for repeated travel between two or more places in the same vicinity was first provided for officers of the Navy in the act of June 7, 1900, 31 Stat., 685; and the act of July 1, 1902, 32 Stat., 663, contained a provision therefor substantially the same as the provision quoted from the act of June 10, 1922. More than one round trip between places is necessary to constitute travel "performed repeatedly between two or more places" by an officer of the Navy within the meaning of the act of July 1, 1902, authorizing the Secretary of the Navy to direct that actual expenses in lieu of mileage be allowed for such travel. 14 Comp. Dec., 897. See also Willits v. United States, 38 Ct. Cls., 534, and 9 Comp. Dec., 351, 353. And this the act of June 10, 1922, also requires, 2 Comp. Gen., 72.

It is apparent, therefore, that if but one round trip is made by the officer between his temporary duty station, Hindman, Ky., and any of the places required to be visited by him, as to such places visited but once the travel would not be "repeated travel" within the statute; he would be entitled to mileage only for the distance traveled and not to actual expenses; and in such a case he would be required to provide the means of his conveyance out of his mileage allowance.

Your question is answered accordingly.

WHITE HOUSE POLICE FORCE DISABILITY, RETIREMENT, AND DEATH BENEFITS.

Members of the White House police force appointed thereto from the Metropolitan police force, and the widow, child, or children under 16 years of age in cases of deceased members, are entitled to receive from the policemen and firemen's relief fund the same benefits as members of the Metropolitan police force, and the monthly salaries of such members of the White House police force are subject to 1 per cent deduction for the benefit of such fund. Members of the White House police force appointed from the United States park police may contribute from their salaries 1 per cent monthly to the policemen and firemen's relief fund, and upon making such contributions become entitled to the benefits from that fund under the same conditions as the members of the Metropolitan police and are relieved from the provisions of the civil service retirement act of May 22, 1920; if such contributions are not made, they are not entitled to any benefits from that fund, and continue subject to the provisions of the civil service retirement act of May 22, 1920, 41 Stat., 614, their salaries being subject to the 21 per cent deduction.

Comptroller General McCarl to the President, April 20, 1923:

By your direction, Maj. O. M. Baldinger requested by letter dated April 13, 1923, decision as to the right of members of the White House police force to participate in the disability, retirement, and death benefits payable from the policemen and firemen's relief fund under the provisions of section 12 of the act of September 1, 1916, 39 Stat., 718.

The fund in question was created under authority of the said section 12 of the act of September 1, 1916, and is derived from various sources, one of which is the deduction of 14 per cent of the monthly salary of each member of the police and fire departments.

The law provides that said fund shall be used, subject to the limitations and restrictions prescribed therein, to provide certain relief to the members of the two departments when sick or injured, when retired either on account of disability or age, and in case of death either before or after retirement. The question presented is as to whether the members of the White House police force are entitled to participate in these benefits.

The White House police force was created and established under the act of September 14, 1922, 42 Stat., 841. Said act provides that said force shall consist of members appointed" from the members of the Metropolitan police force and the United States park police force" and that "the President may transfer a member of the White House police force to the organization of which he was a member at the time of his appointment to such force."

With reference to those members of the White House police force who have been transferred thereto from the Metropolitan police force, their rights and obligations with respect to the policemen and

firemen's relief fund are specifically preserved and continued under section 4 (c) of the act of September 14, 1922, which reads:

Any member of the Metropolitan police force appointed to the White House police force shall continue to be subject to the provisions of section 12 of such Act, and appointment of such member to the White House police force or transfer of such member to his former organization shall not affect any right, privilege, or duty of such member under the provisions of such section of such Act.

Under this provision those members of the White House police force who were appointed thereto from the Metropolitan police force, and the widow and/or child or children under 16 years of age in case of deceased members, are entitled to receive, from the policemen and firemen's relief fund, the benefits enumerated in said section 12 of the act of September 1, 1916, and the monthly salaries of such members are subject to the one and one-half per centum deduction for the benefit of the policemen and firemen's relief fund, the same as in the case of members of the Metropolitan police force. Under the provisions of section 4 (a) of the act of September 14, 1922, the right of the other members of the White House police force that is to say, those appointed from the United States park police force is dependent upon payment by them into the policemen and firemen's relief fund of an amount equal to one and onehalf per centum of the total basic salary received since September 1, 1916. Upon payment of such amount such members become entitled to the benefits and subject to the burdens of section 12 of the act of September 1, 1916, the same as in the case of members of the Metropolitan police force; and under section 4 (b) service with the United States park police force and service as a watchman of the United States in any public square or reservation of the District of Columbia shall be counted for retirement purposes as service with the White House police force.

If any member of the White House police force appointed from the park police force does not pay into the policemen and firemen's relief fund an amount equal to 14 per cent of the total basic salary received by him since September 1, 1916, he shall not be entitled to any of the benefits provided in section 12 of the act of September 1, 1916, but shall continue to be subject to the salary deductions provided for under the civil-service retirement act of May 22, 1920. 41 Stat., 614, and entitled to such retirement benefits only as are authorized under said act.

ACCOUNTING FOR FUNDS RECEIVED FOR INSPECTION CERTIFICATES ON INTERSTATE SHIPMENTS OF PERISHABLE FARM PRODUCTS.

The total charges for investigations and certifications as to the quality and condition of perishable farm products to enable them to be offered for interstate shipment, including the regular fees plus the incidental expenses, are moneys received for use of the United States" and as such are required to be deposited and covered into the Treasury as miscellane ous receipts.

Comptroller General McCarl to the Secretary of Agriculture, April 20, 1923: I have your letter of March 19, 1923, requesting decision as to the proper application of moneys, in addition to the regular fees, paid in reimbursement of expenses in connection with the issuance to shippers, or other interested parties, of certificates as to the quality and condition of fruits, vegetables, poultry, butter, hay, and other perishable farm products, when offered for interstate shipment at points conveniently reached from "such important central markets as the Secretary of Agriculture may from time to time designate," as provided in the act of May 11, 1922, 42 Stat., 532, as follows:

For enabling the Secretary of Agriculture to investigate and certify to shippers and other interested parties the quality and condition of fruits, vegetables, poultry, butter, hay, and other perishable farm products, when offered for interstate shipment or when received at such important central markets as the Secretary of Agriculture may from time to time designate, or at points which may be conveniently reached therefrom, under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That certificates issued by the authorized agents of the department shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained, $175,000;

The fees, when collected, are moneys received "for use of the United States," section 3617, Revised Statutes, and as such are required to be deposited and covered into the Treasury of the United States as miscellaneous receipts, in the absence of any specific provision of law authorizing other disposition. It appears that the fees referred to in the submission are the same whether the services are for investigations and certifications made at "important central markets" where Department of Agriculture representatives are regularly assigned or whether the investigations and certifications are made at "points which may be conveniently reached therefrom," but in the latter case there are incidental expenses of Government employees in connection with travel, etc., to and from such conveniently located points. These incidental expenses are required to be reimbursed the United States by those applying for and receiving the certificates, and the question arises as to whether such reimbursements, like the fees, are moneys received "for use of the United