A-38655, SEPTEMBER 29, 1931, 11 COMP. GEN. 118

A-38655: Sep 29, 1931

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REQUESTING TO BE INFORMED WHETHER PAYMENT IS AUTHORIZED UPON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF LEONARD J. THE AUTHORITY FOR THE PAYMENT OF MILEAGE TO CIVILIAN EMPLOYEES FOR TRAVEL PERFORMED BY THEIR PRIVATELY OWNED AUTOMOBILE IS FOUND IN THE ACT OF FEBRUARY 14. WHENEVER SUCH MODE OF TRAVEL HAS BEEN PREVIOUSLY AUTHORIZED AND PAYMENT ON SUCH MILEAGE BASIS IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES. ALL LAWS OR PARTS OF LAWS ARE HEREBY MODIFIED OR REPEALED TO THE EXTENT SAME MAY BE IN CONFLICT HEREWITH. THE STATUTORY AUTHORITY FOR THE PAYMENT OF MILEAGE IS NOW LIMITED TO TRAVEL PERFORMED BY THE EMPLOYEE'S "OWN AUTOMOBILE.'. PAYMENT UPON A MILEAGE BASIS WHEN THE AUTOMOBILE IS NOT OWNED BY THE EMPLOYEE IS NOT AUTHORIZED.

A-38655, SEPTEMBER 29, 1931, 11 COMP. GEN. 118

TRAVELING EXPENSES - MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AUTHORIZING THE PAYMENT FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE ON OFFICIAL TRAVEL ON A MILEAGE BASIS, LIMITS SUCH PAYMENT TO THE EMPLOYEE'S "OWN AUTOMOBILE," AND PAYMENT ON A MILEAGE BASIS MAY NOT, THEREFORE, BE MADE TO A CIVILIAN EMPLOYEE FOR THE USE OF A BORROWED AUTOMOBILE.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, SEPTEMBER 29, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 3, 1931, REQUESTING TO BE INFORMED WHETHER PAYMENT IS AUTHORIZED UPON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF LEONARD J. ROSE, CIVILIAN EMPLOYEE OF THE CHEMICAL WARFARE SERVICE, FOR MILEAGE AT 3 1/2 CENTS PER MILE IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION FOR TRAVEL PERFORMED FROM WASHINGTON, D. C., TO FORT MONROE, VA., AND RETURN. THE TRAVEL ORDERS ISSUED TO THE CLAIMANT JULY 28, 1931, AUTHORIZED THE PERFORMANCE OF THE TRAVEL "BY YOUR OWN AUTOMOBILE AT A RATE OF 3 1/2 CENTS PER MILE.' THE AUTHORITY FOR THE PAYMENT OF MILEAGE TO CIVILIAN EMPLOYEES FOR TRAVEL PERFORMED BY THEIR PRIVATELY OWNED AUTOMOBILE IS FOUND IN THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, WHICH PROVIDES:

THAT A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY MAY BE PAID IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT, NOT TO EXCEED 3 CENTS PER MILE FOR THE USE OF HIS OWN MOTORCYCLE OR 7 CENTS PER MILE FOR THE USE OF HIS OWN AUTOMOBILE FOR SUCH TRANSPORTATION, WHENEVER SUCH MODE OF TRAVEL HAS BEEN PREVIOUSLY AUTHORIZED AND PAYMENT ON SUCH MILEAGE BASIS IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES. THIS ACT SHALL TAKE EFFECT JULY 1, 1931, AND ALL LAWS OR PARTS OF LAWS ARE HEREBY MODIFIED OR REPEALED TO THE EXTENT SAME MAY BE IN CONFLICT HEREWITH.

IN THE ABSENCE OF A SPECIFIC STATUTE SUCH AS QUOTED ABOVE, IT HAS NEVER BEEN PERMISSIBLE TO REIMBURSE AN EMPLOYEE UPON A COMMUTED BASIS FOR TRAVELING EXPENSES. THE STATUTORY AUTHORITY FOR THE PAYMENT OF MILEAGE IS NOW LIMITED TO TRAVEL PERFORMED BY THE EMPLOYEE'S "OWN AUTOMOBILE.' PAYMENT UPON A MILEAGE BASIS WHEN THE AUTOMOBILE IS NOT OWNED BY THE EMPLOYEE IS NOT AUTHORIZED. IT IS STATED UPON THE VOUCHER IN QUESTION THAT THE TRAVEL WAS PERFORMED IN AN AUTOMOBILE OWNED BY A FRIEND, EXPENSES PAID BY THE CLAIMANT. THE FACTS DO NOT BRING THE TRAVEL WITHIN THE STATUTORY AUTHORITY. AS NO PAYMENT IS AUTHORIZED UPON THE VOUCHER, IT WILL BE RETAINED IN THE FILES OF THIS OFFICE.