A-6504, DECEMBER 15, 1924, 4 COMP. GEN. 536

A-6504: Dec 15, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TRAVELING EXPENSES - USE OF OWN AUTOMOBILE IN THE ABSENCE OF SPECIFIC LEGISLATIVE AUTHORITY THEREFOR THERE IS NO AUTHORITY TO COMMUTE ACTUAL EXPENSES TO A FIXED RATE OF PAY FOR THE OFFICIAL USE OF A PRIVATELY-OWNED AUTOMOBILE. FOR THE USE OF HIS OWN AUTOMOBILE FOR EACH DAY IT IS USED BY HIM ON OFFICIAL BUSINESS. IS. CLAIMANT FELT THAT HE SHOULD ALSO BE COMPENSATED FOR THE WEAR AND TEAR ON HIS CAR AND UPON TAKING THE MATTER UP WITH THE INDIAN OFFICE THERE WAS AN ATTEMPT TO MODIFY HIS APPOINTMENT DATED JANUARY 3. AN ALLOWANCE OF $2 PER DAY FOR THE USE OF HIS AUTOMOBILE ON EACH DAY IT WAS USED ON OFFICIAL DUTIES. THERE IS NO AUTHORITY TO COMMUTE ACTUAL EXPENSES TO A FIXED RATE OF PAY FOR THE OFFICIAL USE OF A PRIVATELY OWNED AUTOMOBILE.

A-6504, DECEMBER 15, 1924, 4 COMP. GEN. 536

TRAVELING EXPENSES - USE OF OWN AUTOMOBILE IN THE ABSENCE OF SPECIFIC LEGISLATIVE AUTHORITY THEREFOR THERE IS NO AUTHORITY TO COMMUTE ACTUAL EXPENSES TO A FIXED RATE OF PAY FOR THE OFFICIAL USE OF A PRIVATELY-OWNED AUTOMOBILE. AN ALLOWANCE OF $2 A DAY GRANTED AN EMPLOYEE OF THE INDIAN SERVICE, UNDER THE TERMS OF HIS APPOINTMENT, FOR THE USE OF HIS OWN AUTOMOBILE FOR EACH DAY IT IS USED BY HIM ON OFFICIAL BUSINESS, IN ADDITION TO REIMBURSEMENT FOR GASOLINE, OIL AND OTHER ACTUAL RUNNING EXPENSES OF THE AUTOMOBILE, IS, IN THE ABSENCE OF SPECIFIC LEGISLATIVE AUTHORITY, PROHIBITED.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 15, 1924:

H. J. HAGERMAN, SPECIAL DISBURSING AGENT, INDIAN SERVICE, INTERIOR DEPARTMENT, HAS REQUESTED REVIEW OF THE FOLLOWING DISALLOWANCES IN HIS ACCOUNTS:

TABLE SETTLEMENT C-3257-IN:

VOUCHER 6, H. J. HAGERMAN, AUTO, $2 PER DAY, MAY 17 TO 31 ------- $30 SETTLEMENT C-7077-IN:

VOUCHER 1. H. J. HAGERMAN, AUTO, $2 PER DAY, JULY 1 TO 15 ------ 30

VOUCHER 2. H. J. HAGERMAN, AUTO, $2 PER DAY, JULY 15 TO 31 ----- 30

VOUCHER 9. H. J. HAGERMAN, AUTO, $2 PER DAY, AUGUST 1 TO 31 ---- 60

VOUCHER 5. H. J. HAGERMAN, AUTO, $2 PER DAY, JUNE 1 TO 7, JUNE

17 TO 30 ----------------------------------------------------- 36 SETTLEMENT C-14144-IN:

VOUCHER 2. H. J. HAGERMAN, AUTO, $2 PER DAY, SEPTEMBER 1 TO 30 - 60

VOUCHER 11. H. J. HAGERMAN, AUTO, $2, PER DAY, OCTOBER 1 TO 25 - 50

TOTAL ------------------------------------------------------ $296

IT APPEARS FROM THE RECORD THAT AN EMERGENCY EXISTED NECESSITATING A VAST AMOUNT OF TRAVELING THROUGHOUT THE INDIAN RESERVATIONS AND NO GOVERNMENT CAR BEING AVAILABLE, AND IN VIEW OF THE EMERGENCY AND NECESSITY FOR ACTION THE CLAIMANT USED HIS WILLS-ST. CLAIRE CAR IN THE WORK. REIMBURSEMENT FOR OIL AND GASOLINE USED ON OFFICIAL BUSINESS HAS BEEN ALLOWED. CLAIMANT FELT THAT HE SHOULD ALSO BE COMPENSATED FOR THE WEAR AND TEAR ON HIS CAR AND UPON TAKING THE MATTER UP WITH THE INDIAN OFFICE THERE WAS AN ATTEMPT TO MODIFY HIS APPOINTMENT DATED JANUARY 3, 1923, SO AS TO PROVIDE, EFFECTIVE ON APRIL 30, 1923, AN ALLOWANCE OF $2 PER DAY FOR THE USE OF HIS AUTOMOBILE ON EACH DAY IT WAS USED ON OFFICIAL DUTIES, SUCH ALLOWANCE TO BE IN ADDITION TO THE ALLOWANCE FOR GASOLINE AND OIL.

THE ACTS OF MARCH 3, 1875, 18 STAT. 452, AND APRIL 6, 1914, 38 STAT. 318, PROVIDE FOR PAYMENT OF ONLY ACTUAL TRAVELING EXPENSES. IN THE ABSENCE OF SPECIFIC LEGISLATION THEREFOR, THERE IS NO AUTHORITY TO COMMUTE ACTUAL EXPENSES TO A FIXED RATE OF PAY FOR THE OFFICIAL USE OF A PRIVATELY OWNED AUTOMOBILE, OR TO PROVIDE AN ALLOWANCE THEREFOR AS A PART OF COMPENSATION. SEE 20 COMP. DEC. 666; 4 COMP. GEN. 86, 116. SEE ALSO PROVISION IN ACT OF JUNE 5, 1924, 43 STAT. 418, SPECIFICALLY AUTHORIZING COMPENSATION ON A MILEAGE BASIS FOR USE OF OWN AUTOMOBILE UNDER CERTAIN CIRCUMSTANCES.

THE $2 PER DAY ALLOWANCE IN THE INSTANT CASE IS AN ALLOWANCE OF AN ESTIMATED AMOUNT IN LIEU OF ACTUAL EXPENSES AND IS NOT AUTHORIZED UNDER THE LAW.