B-202836 L/M, NOV 19, 1981, OFFICE OF GENERAL COUNSEL

B-202836 L/M, NOV 19, 1981, OFFICE OF GENERAL COUNSEL

DIGEST: EMPLOYEE WHO ATTENDED MEETING AFTER NORMAL DUTY HOURS CLAIMS MILEAGE BETWEEN RESIDENCE AND LOCATION OF MEETING. EMPLOYEE IS NOT NORMALLY ENTITLED TO MILEAGE BETWEEN HIS RESIDENCE AND HIS OFFICIAL DUTY STATION REGARDLESS OF WHETHER HE IS PERFORMING WORK AFTER REGULAR DUTY HOURS OR ON NONWORKDAYS. LIMITED EXCEPTION TO THIS RULE APPLIES TO USE OF PUBLIC TRANSPORTATION UNDER CONDITIONS SET FORTH IN FEDERAL TRAVEL REGULATIONS, PARA. 1-2.3E.

MR. LEONARD W. ELLIS:

THIS IS IN RESPONSE TO YOUR LETTER OF APRIL 6, 1981, TO THE COMPTROLLER GENERAL CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR MILEAGE FOR ATTENDING A MEETING AFTER REGULAR DUTY HOURS.

IN VIEW OF THE STATUTES RELATING TO OUR DECISION-MAKING AUTHORITY, WE ARE UNABLE TO RENDER A FORMAL DECISION TO YOU AT THIS TIME. SEE 31 U.S.C. SECS. 74, AND 82D. HOWEVER, ON THE BASIS OF THE INFORMATION PROVIDED BY YOU, WE OFFER THE FOLLOWING COMMENTS ON YOUR SITUATION. IF, AFTER STUDYING THIS INFORMATION, YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT FOR MILEAGE, YOU MAY SUBMIT YOUR CLAIM TO OUR CLAIMS GROUP IN ACCORDANCE WITH THE PROVISIONS OF 31 U.S.C. SEC. 71, AND 4 C.F.R. PART 31. COPIES OF THE CITED DECISIONS ARE ENCLOSED FOR YOUR REFERENCE.

YOUR LETTER STATES THAT YOU ATTENDED A MEETING ON FEBRUARY 4, 1981, AT 6:30 P.M. IN WASHINGTON, D. C. SINCE YOU NORMALLY COMMUTE TO WORK BY PUBLIC TRANSPORTATION AND SINCE YOU EXPECTED THE MEETING TO END AFTER PUBLIC TRANSPORTATION WOULD BE AVAILABLE TO RETURN TO YOUR RESIDENCE IN SPRINGFIELD, VIRGINIA, YOU RETURNED TO YOUR RESIDENCE AT THE CLOSE OF YOUR NORMAL WORK HOURS AND DROVE BACK TO WASHINGTON, D. C., BY PRIVATELY OWNED VEHICLE TO ATTEND THE AFTER-HOURS MEETING. YOUR CLAIM FOR ROUND-TRIP MILEAGE FOR 42 MILES IS $9.45.

YOUR CLAIM FOR MILEAGE WAS DENIED BY GAO'S OFFICE OF FINANCIAL MANAGEMENT SINCE ALL LOCATIONS WITHIN THE CORPORATE LIMITS OF WASHINGTON, D. C., ARE CONSIDERED NON-REIMBURSABLE FOR THE PURPOSES OF MILEAGE FOR LOCAL TRAVEL. YOU STATE THAT YOU WERE ADVISED THAT YOU SHOULD HAVE REQUESTED AUTHORIZATION FOR OVERTIME, ATTENDED THE MEETING, AND THEN RETURNED TO YOUR RESIDENCE BY TAXICAB. YOU QUESTION THIS APPROACH SINCE THE COST OF OVERTIME AND A TAXICAB FARE WOULD GREATLY EXCEED YOUR CLAIM FOR MILEAGE.

OUR OFFICE HAS LONG HELD THAT THE EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION BETWEEN HIS RESIDENCE AND HIS PLACE OF OFFICIAL BUSINESS. SEE CARL P. MAYER, B-171969.42, JANUARY 9, 1976, AND DECISIONS CITED THEREIN. WHERE AN EMPLOYEE IS ASSIGNED TO A NEARBY TEMPORARY DUTY POST, WE HAVE HELD THAT, WITHIN THE DISCRETION OF THE EMPLOYING AGENCY, THE EMPLOYEE MAY BE REIMBURSED FOR TRAVEL PERFORMED FROM HIS RESIDENCE TO THE TEMPORARY PLACE OF DUTY. 36 COMP.GEN. 795 (1957); 32 COMP.GEN. 235 (1952); AND B-177555, FEBRUARY 22, 1973. HOWEVER, THE GAO TRAVEL REGULATIONS DEFINE A NONREIMBURSABLE AREA FOR WASHINGTON, D. C., AS THE CORPORATE LIMITS OF WASHINGTON, D. C. GAO ORDER 0300.3, CHAP. 2, PARA. 1E. IN OTHER WORDS, MILEAGE CLAIMS TO ALL LOCATIONS WITHIN THE CORPORATE LIMITS OF WASHINGTON, D. C., WILL BE DENIED UNDER GAO'S INTERNAL TRAVEL REGULATIONS.

UNDER THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7), THERE EXISTS A LIMITED EXCEPTION TO THE RULE PROHIBITING TRAVEL REIMBURSEMENT BETWEEN AN EMPLOYEE'S RESIDENCE AND PLACE OF DUTY. PARAGRAPH 1-2.3E OF THE FTR PROVIDES AS FOLLOWS:

"E. BETWEEN RESIDENCE AND OFFICE IN CASES OF NECESSITY. REIMBURSEMENT FOR THE USUAL TAXICAB FARES PAID BY AN EMPLOYEE FOR TRAVEL BETWEEN OFFICE AND HOME MAY BE AUTHORIZED OR APPROVED INCIDENT TO THE CONDUCT OF OFFICIAL BUSINESS AT AN EMPLOYEE'S DESIGNATED POST OF DUTY WHEN THE EMPLOYEE IS DEPENDENT ON PUBLIC TRANSPORTATION FOR SUCH TRAVEL INCIDENT TO OFFICIALLY ORDERED WORK OUTSIDE OF REGULAR WORKING HOURS AND WHEN THE TRAVEL IS DURING HOURS OF INFREQUENTLY SCHEDULED PUBLIC TRANSPORTATION OR DARKNESS. AGENCIES ARE EXPECTED TO ESTABLISH STRINGENT ADMINISTRATIVE CONTROLS AT SUFFICIENTLY HIGH LEVELS WHICH ENSURE THAT REIMBURSEMENTS ARE AUTHORIZED ONLY WHEN JUSTIFIABLE AND WHEN ALL CIRCUMSTANCES SET FORTH HEREIN ARE MET."

THIS EXCEPTION HAS BEEN INTERPRETED BY OUR OFFICE TO PRECLUDE REIMBURSEMENT OF TAXICAB FARES WHERE THE USE OF PUBLIC TRANSPORTATION IS MERELY INCONVENIENT. VIRGINIA GOODMAN, 58 COMP.GEN. 188 (1978). SIMILARLY, WE HAVE HELD THAT THERE IS NO ENTITLEMENT TO MILEAGE COSTS INCIDENT TO THE PERFORMANCE OF ADDITIONAL WORK ON NONWORKDAYS OR AFTER REGULAR DUTY HOURS, GEORGE F. CLARK, B-190071, MAY 1, 1978; AND RICHARD F. BOLLINGER AND ADAM E. MUCKENFUSS, B-189061, MARCH 15, 1978.

IT IS NOT CLEAR FROM THE RECORD BEFORE US WHETHER YOU WOULD HAVE MET THE CONDITIONS FOR REIMBURSEMENT UNDER FTR PARA. 1-2.3E HAD YOU CHOSEN THAT MEANS OF TRANSPORTATION. HOWEVER, THERE APPEARS TO BE NO OTHER AUTHORITY FOR THE REIMBURSEMENT OF MILEAGE BETWEEN AN EMPLOYEE'S RESIDENCE AND OFFICIAL DUTY STATION.

WE TRUST THAT THIS INFORMATION IS HELPFUL TO YOU.