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B-194616 1 (1980-06-04)

handle is hein.gao/gaobadihp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~ OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-194616 DATE: June 4, 1980 MATTER OF: Transportation of dependents outside the United States for medical care DIGEST: In the absence of statutory authority, the Joint Travel Regulations may not be amended to authorize lodging and subsistence expenses of dependents of military personnel outside the United States traveling to obtain medical care since only transporta.- tion for medical care is specifically authorized for such dependents under 10 U.S.C. 1040(a) (1976). The question presented, in this case is whether para- graph M7108 of the Joint Travel Regulations (1 JTR) may be revised or amended to authorize reimbursement for actual lodging and subsistence expenses of dependents of military personnel, in addition to the transportation for medical care authorized for such dependents under 10 U.S.C. 1040(a) (1976). In the absence of express statutory authorization for such additional expenses, an amendment to the present regulations granting extra expenses, in addition to authorized transportation, would not be proper. f The question was presented by letter (PDTATAC/1326) from the Assistant Secretary of the Navy (Manpower, Reserve Affairs and Logistics), with enclosures, including a memorandum from the Executive, Per Diem, Travel and Transportation Allowance Committee, and has been assigned PDTATAC Control No. 79-5. The statutory authority for transportation of depend- ent patients is set out in 10 U.S.C. 1040(a) (1976), added by Public Law 89-140, August 28, 1965, which provides that if a dependent accompanying a member of the uniformed services who is stationed outside the United States and who is on active duty for more than 30 days requires medical attention which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is avail- able. Upon the dependent's recovery, the dependent may also be transported at the expense of the United States

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