A-40136, JANUARY 11, 1932, 11 COMP. GEN. 271

A-40136: Jan 11, 1932

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IS NOT ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14. AS HE IS SUBSTANTIALLY ON DUTY AT HEADQUARTERS WHILE MAKING SUCH TRIPS. UNLESS CHARGEABLE TO AN APPROPRIATION WHICH IS SPECIFICALLY AVAILABLE FOR MAINTENANCE AND OPERATION OF PASSENGER -CARRYING VEHICLES. EVEN IN THAT EVENT REIMBURSEMENT IS LIMITED TO ACTUAL EXPENDITURES FOR GASOLINE AND OIL. THAT IT IS ESTABLISHED BY COMPETENT EVIDENCE THAT NO PART OF THE ACTUAL EXPENSES CLAIMED WAS DUE TO USE OF THE AUTOMOBILE UPON PERSONAL OR PRIVATE BUSINESS OR PLEASURE. 1932: THERE ARE BEFORE THIS OFFICE FOR CONSIDERATION THREE VOUCHERS SUBMITTED BY THE BUREAU OF ANIMAL INDUSTRY FOR PREAUDIT IN FAVOR OF D.G. THESE ITEMS WERE ORIGINALLY INCLUDED IN THE EMPLOYEE'S EXPENSE VOUCHERS FOR THE PERIOD IN QUESTION BUT WERE DELETED ON PREAUDIT.

A-40136, JANUARY 11, 1932, 11 COMP. GEN. 271

TRAVELING EXPENSES - HEADQUARTERS - USE OF PERSONALLY OWNED AUTOMOBILE A GOVERNMENT EMPLOYEE USING HIS PERSONALLY OWNED AUTOMOBILE FOR OFFICIAL TRANSPORTATION FROM HIS OFFICE TO ANOTHER GOVERNMENT ESTABLISHMENT 2.1 MILES DISTANT, OUTSIDE OF THE LIMITS OF THE CITY, IS NOT ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS HE IS SUBSTANTIALLY ON DUTY AT HEADQUARTERS WHILE MAKING SUCH TRIPS. REIMBURSEMENT FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE WITHIN THE LIMITS OF AN EMPLOYEE'S DUTY STATION WOULD BE IN CONTRAVENTION OF THE ACT OF JULY 16, 1914, 38 STAT. 508, UNLESS CHARGEABLE TO AN APPROPRIATION WHICH IS SPECIFICALLY AVAILABLE FOR MAINTENANCE AND OPERATION OF PASSENGER -CARRYING VEHICLES, AND EVEN IN THAT EVENT REIMBURSEMENT IS LIMITED TO ACTUAL EXPENDITURES FOR GASOLINE AND OIL, AND THAT IT IS ESTABLISHED BY COMPETENT EVIDENCE THAT NO PART OF THE ACTUAL EXPENSES CLAIMED WAS DUE TO USE OF THE AUTOMOBILE UPON PERSONAL OR PRIVATE BUSINESS OR PLEASURE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JANUARY 11, 1932:

THERE ARE BEFORE THIS OFFICE FOR CONSIDERATION THREE VOUCHERS SUBMITTED BY THE BUREAU OF ANIMAL INDUSTRY FOR PREAUDIT IN FAVOR OF D.G. TEPFER, COVERING REIMBURSEMENT AT THE RATE OF 7 CENTS PER MILE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE DURING THE MONTHS OF SEPTEMBER, OCTOBER, AND NOVEMBER, 1931, FOR TRANSPORTATION BETWEEN HIS OFFICE IN FORT DODGE, IOWA, AND ESTABLISHMENT NO. 112, LOCATED 2 1/10 MILES FROM HIS OFFICE OUTSIDE OF THE CITY LIMITS. THESE ITEMS WERE ORIGINALLY INCLUDED IN THE EMPLOYEE'S EXPENSE VOUCHERS FOR THE PERIOD IN QUESTION BUT WERE DELETED ON PREAUDIT. CERTIFICATION OF THE SUPPLEMENTAL VOUCHERS WAS REFUSED OCTOBER 12, NOVEMBER 4, AND NOVEMBER 10, 1931, FOR THE REASON THAT THE TRAVEL WAS PERFORMED AT THE CLAIMANT'S OFFICIAL HEADQUARTERS, AND THE VOUCHERS HAVE NOW BEEN RESUBMITTED WITH THE FOLLOWING EXPLANATION FROM THE ADMINISTRATIVE OFFICER IN CHARGE OF ACCOUNTS:

NEXT TO LAST PARAGRAPH OF A-38422 OF OCTOBER 5, 1931 IS NOTED, BUT ITS APPLICATION TO THIS CASE IS NOT CONCEDED. THE ASSIGNMENT OF AN EMPLOYEE TO THIS POSITION WAS MADE LONG BEFORE THE PASSAGE OF THE ACT OF FEBRUARY 14, 1931, AND DECISIONS OF THE COMPTROLLER GENERAL REGARDING THE APPLICATION OF THAT ACT, AND CERTAINLY IT WAS NOT UNDERSTOOD EITHER BY THIS BUREAU OR THE EMPLOYEE THAT THE LATTER SHOULD BEAR THE ADDITIONAL BURDEN OF CARRYING ON THE WORK OF THAT STATION. FURTHERMORE, THE EXPENSE IN QUESTION IS ONLY A PART OF HIS REGULAR WORK, AS MAY BE DETERMINED BY REFERENCE TO PREVIOUS VOUCHERS (SEE DISBURSING OFFICE VOUCHER NO. 113065, 10/16/31 FROM WHICH ITEMS IN THE ATTACHED VOUCHER WERE SUSPENDED).

IT IS NOT APPARENT TO THIS OFFICE, FURTHERMORE, WHERE THE LINE COULD BE DRAWN BETWEEN EXPENSE WHICH SHOULD BE BORNE BY THE EMPLOYEE AS A PART OF HIS REGULAR DUTIES, AND EXPENSE WHICH SHOULD BE BORNE BY THE GOVERNMENT. NEITHER IS IT APPARENT TO THIS OFFICE WHY SUCH EXPENSE (AUTO MILEAGE) SHOULD ANY MORE BE BORNE BY THE EMPLOYEE AS A PART OF HIS REGULARLY ASSIGNED DUTIES THAN THE EXPENSE FOR NUMEROUS CAR FARES, OR ANY OTHER EXPENSE INCIDENT TO AN EMPLOYEE'S ASSIGNMENT.

IT APPEARS THAT ALL THE REQUIREMENTS OF THE ACT OF FEBRUARY 14, 1931, AND OF VARIOUS DECISIONS RELATING THERETO HAVE BEEN MET IN THIS CASE, VIZ, HE HAS BEEN AUTHORIZED, IT IS SHOWN THAT THE WORK COULD NOT BE ACCOMPLISHED BY THE USE OF PUBLIC CONVEYANCE, A SUBSTANTIAL SAVINGS TO THE GOVERNMENT HAS BEEN MADE, AND THE WORK IN EVERY WAY HAS BEEN EXPEDITED.

THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, PERMITS REIMBURSEMENT TO AN EMPLOYEE FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE UPON A MILEAGE BASIS ONLY WHEN "ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY.' IT HAS BEEN HELD REPEATEDLY THAT TRAVEL FROM HOME OR HEADQUARTERS FOR A DISTANCE OF 4 OR 5 MILES OR LESS, IS SUBSTANTIALLY DUTY AT HEADQUARTERS AND DOES NOT PLACE THE EMPLOYEE IN A TRAVEL STATUS. SEE DECISIONS TO YOU OF SEPTEMBER 8, 1931, AND OCTOBER 5, 1931, A-38422, AND THE CASES THEREIN CITED.

REIMBURSEMENT FOR USE OF A PRIVATELY OWNED AUTOMOBILE FOR TRANSPORTATION WITHIN THE LIMITS OF EMPLOYEE'S HEADQUARTERS WOULD BE IN CONTRAVENTION OF THE ACT OF JULY 16, 1914, 38 STAT. 508, UNLESS CHARGEABLE UNDER AN APPROPRIATION WHICH IS SPECIFICALLY AVAILABLE FOR THE MAINTENANCE AND OPERATION OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES. 10 COMP. GEN. 409; 11 ID. 67; ID. 91. EVEN WHEN CHARGEABLE UNDER AN APPROPRIATION AVAILABLE FOR MAINTENANCE AND OPERATION OF PASSENGER-CARRYING VEHICLES, REIMBURSEMENT FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE AT EMPLOYEE'S OFFICIAL HEADQUARTERS IS LIMITED TO REIMBURSEMENT OF ACTUAL EXPENDITURES, SUCH AS THE COST OF GASOLINE AND OIL ACTUALLY CONSUMED, AND IN SUCH CASES IT MUST BE ESTABLISHED BY COMPETENT EVIDENCE THAT NO PART OF SUCH EXPENDITURES WAS DUE TO THE USE OF THE AUTOMOBILE UPON PRIVATE OR PERSONAL BUSINESS OR PLEASURE. 2 COMP. GEN. 329. THE APPROPRIATION PROPOSED TO BE CHARGED IN THE PRESENT CASE,"BUREAU OF ANIMAL INDUSTRY, 1932," ACT OF FEBRUARY 23, 1931, 46 STAT. 1251, CONTAINS NO PROVISION FOR THE OPERATION OR MAINTENANCE OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES. ACCORDINGLY, THE REFUSAL TO CERTIFY THE VOUCHER FOR PAYMENT UPON PREAUDIT WAS CORRECT. THE VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE.