A-42146, MAY 7, 1932, 11 COMP. GEN. 417

A-42146: May 7, 1932

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IS NOT "TRAVEL" AWAY FROM DESIGNATED HEADQUARTERS. IS NOT REIMBURSABLE ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14. INSPECTION STATION IS NOW BEING CONSTRUCTED. THE LOCATION OF THE STATION IS ON THE CANADIAN BORDER AT A POINT APPROXIMATELY 13 MILES NORTH OF THE TOWN OF METALINE FALLS. THE CONSTRUCTION WORK IS NOW UNDER THE SUPERVISION OF CONSTRUCTION ENGINEER WILLIAM T. YOUR ATTENTION IS CALLED TO THE CONTENTS OF ENGINEER PIERCE'S LETTER OF APRIL 9. THE METALINE FALLS INSPECTION STATION IS LOCATED ON THE BORDER JUST 13 MILES NORTH OF METALINE FALLS. AS THIS IS THE NEAREST AVAILABLE QUARTERS TO BE HAD. IT WILL BE NECESSARY FOR ME TO USE MY OWN CAR TO MAKE THE TRIP EACH DAY. "WILL IT BE NECESSARY TO MAKE UP A TRAVEL VOUCHER FOR EACH DAY OR WILL IT BE O.K.

A-42146, MAY 7, 1932, 11 COMP. GEN. 417

MILEAGE - HEADQUARTERS - USE OF OWN AUTOMOBILE DAILY TRANSPORTATION IN PERSONALLY OWNED AUTOMOBILE BETWEEN HEADQUARTERS AND PLACES OF LODGING, BEING ONLY SUCH AS ANY EMPLOYEE MIGHT INCUR BETWEEN HIS HOME AND PLACE OF DUTY, IS NOT "TRAVEL" AWAY FROM DESIGNATED HEADQUARTERS, AND IS NOT REIMBURSABLE ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 7, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 26, 1932, AS FOLLOWS:

PURSUANT TO THE AUTHORITY CONTAINED IN THE ACT OF CONGRESS, APPROVED JULY 3, 1930 (VOL. 46, P. 899), THE METALINE FALLS, WASHINGTON, INSPECTION STATION IS NOW BEING CONSTRUCTED. THE LOCATION OF THE STATION IS ON THE CANADIAN BORDER AT A POINT APPROXIMATELY 13 MILES NORTH OF THE TOWN OF METALINE FALLS, AND THE CONSTRUCTION WORK IS NOW UNDER THE SUPERVISION OF CONSTRUCTION ENGINEER WILLIAM T. PIERCE.

YOUR ATTENTION IS CALLED TO THE CONTENTS OF ENGINEER PIERCE'S LETTER OF APRIL 9, 1932, AS FOLLOWS:

"AS YOU PROBABLY KNOW, THE METALINE FALLS INSPECTION STATION IS LOCATED ON THE BORDER JUST 13 MILES NORTH OF METALINE FALLS, WASHINGTON, WHERE I AM LOCATED, AND AS THIS IS THE NEAREST AVAILABLE QUARTERS TO BE HAD, IT WILL BE NECESSARY FOR ME TO USE MY OWN CAR TO MAKE THE TRIP EACH DAY.

"AS I UNDERSTAND IT, THIS CAN BE DONE UNDER YOUR LETTER OF FEBRUARY 8, 1932, ,REGULATIONS GOVERNING THE USE OF PERSONALLY OWNED AUTOMOBILES IN THE PERFORMANCE OF OFFICIAL TRAVEL.,

"WILL IT BE NECESSARY TO MAKE UP A TRAVEL VOUCHER FOR EACH DAY OR WILL IT BE O.K. TO MAKE UP ONE AT THE END OF EACH MONTH, SHOWING JUST WHAT DAYS I USED MY OWN CAR TO MAKE THIS TRIP. THIS TRIP WILL BE JUST 26 MILES AND AT 7 CENTS PER MILE WILL BE $1.82 PER DAY.

"I HAVE ASSUMED THAT THIS ARRANGEMENT IS SATISFACTORY WITH YOU, AND AM MAKING THE TRIP TO THE INSPECTION STATION IN MY OWN CAR, WHEN IT IS NOT POSSIBLE TO MAKE IT WITH THE OTHER OFFICIALS E.'

IN HIS TELEGRAM BEARING DATE OF APRIL 20, 1932, THE CONSTRUCTION ENGINEER STATES:

"RETEL NO BUS OR OTHER TRANSPORTATION AVAILABLE TO INSPECTION STATION NOW. AFTER JUNE FIRST THEY MAY HAVE A NOON BUS UP AND RIGHT BACK. CAN-T USE THIS SERVICE UNLESS THEY PUT ON MORNING AND EVENING SERVICE. NOTHING DEFINITE UNTIL BUSINESS PICKS UP ABOVE THE BORDER.'

HAVING IN MIND THAT AN EMPLOYEE OF THE GOVERNMENT IS NOT ENTITLED TO REIMBURSEMENT FOR ANY EXPENSES OF TRANSPORTING HIMSELF FROM HIS HOME OR LODGING PLACE TO THE PLACE WHERE HIS OFFICIAL DUTIES ARE PERFORMED, BUT FEELING THAT THIS CASE PRESENTS UNUSUAL CONDITIONS WHICH WOULD WORK A HARDSHIP UPON CONSTRUCTION ENGINEER PIERCE UNLESS SOME ARRANGEMENT IS MADE TO REIMBURSE HIM FOR THE EXPENSE OF THIS TRANSPORTATION, YOUR DECISION IS REQUESTED AS TO WHETHER REIMBURSEMENT MAY BE MADE AS PROPOSED IN THE ABOVE QUOTED LETTER, AND IF YOUR DECISION BE IN THE NEGATIVE, PLEASE ADVISE AS TO WHAT METHOD OF REIMBURSEMENT, IF ANY, WOULD MEET WITH YOUR APPROVAL.

A COPY OF THE REGULATIONS DATED FEBRUARY 8, 1932, AND REFERRED TO IN THE ABOVE QUOTED LETTER, ACCOMPANIES THIS REQUEST.

IT WOULD APPEAR FROM YOUR SUBMISSION THAT ENGINEER PIERCE'S HEADQUARTERS OR PLACE OF DUTY IS AT THE SITE OF THE INSPECTION STATION NOW UNDER CONSTRUCTION, AND THAT HE IS NOT IN A TRAVEL STATUS WHILE ENGAGED UPON THAT DUTY. UNDER SUCH CIRCUMSTANCES THE TRANSPORTATION BETWEEN HIS PLACE OF LODGING AND HIS PLACE OF DUTY WOULD APPEAR TO BE ONLY SUCH AS ANY EMPLOYEE MIGHT INCUR BETWEEN HIS HOME AND PLACE OF DUTY AND IS NOT, THEREFORE, REIMBURSABLE. MILEAGE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE IS PERMITTED UNDER THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, ONLY WHEN AN EMPLOYEE IS IN A TRAVEL STATUS.

IT IS NOTED THAT IN THE REGULATIONS, COPY OF WHICH YOU INCLOSE, ISSUED FROM THE OFFICE OF THE SUPERVISING ARCHITECT, FEBRUARY 8, 1932, AND APPROVED BY YOU FEBRUARY 18, 1932, SEVERAL EXAMPLES OF ABSENCES FROM HEADQUARTERS OF LESS THAN 10 HOURS BETWEEN THE HOURS OF 8 A.M. AND 6 P.M. ARE CITED AS AUTHORIZING THE PAYMENT OF MILEAGE FOR THE USE OF EMPLOYEE'S OWN AUTOMOBILE AT NOT TO EXCEED THE COST BY COMMON CARRIER. ABSENCES BETWEEN SUCH HOURS AND FOR SUCH DURATION HAVE NOT BEEN CONSIDERED AS ESTABLISHING A TRAVEL STATUS AND, THEREFORE, DO NOT ENTITLED THE EMPLOYEE TO MILEAGE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE. SEE 11 COMP. GEN. 271, 309, 339, AND A-41238, MARCH 23, 1932. THE REGULATIONS SHOULD BE AMENDED ACCORDINGLY.