B-107402, APRIL 7, 1952, 31 COMP. GEN. 503

B-107402, APRIL 7, 1952, 31 COMP. GEN. 503

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - EMPLOYEE NOT IN AUTOMOBILE UNDER THE TRAVEL EXPENSE ACT OF 1949 AND STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AUTHORIZING THE PAYMENT TO EMPLOYEES ENGAGED ON OFFICIAL BUSINESS OF MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILES, PAYMENT OF MILEAGE IS NOT AUTHORIZED FOR THE DISTANCE COVERED BY AN EMPLOYEE'S AUTOMOBILE WHEN DRIVEN BY ANOTHER PERSON--- UNACCOMPANIED BY THE EMPLOYEE- -- IN RETURNING THE AUTOMOBILE TO HIS HOME FROM THE DEPOT WHERE HE COMMENCES AN OFFICIAL FIELD TRIP, OR FOR THE DISTANCE COVERED FROM HIS HOME TO THE DEPOT TO RETURN THE EMPLOYEE TO HIS HOME UPON COMPLETION OF SUCH TRIP.

ACTING COMPTROLLER GENERAL YATES TO A. J. DELFIELD, DEPARTMENT OF AGRICULTURE, APRIL 7, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 9, 1952, FILE T, TRANSMITTING TWO RECLAIM VOUCHERS IN THE AMOUNTS OF $1.35 AND $1.74, STATED IN FAVOR OF ROBERT B. HARRIS AND A. LEROY SYKES, RESPECTIVELY, EMPLOYEES OF THE AGRICULTURAL RESEARCH ADMINISTRATION, BUREAU OF ANIMAL INDUSTRY, REPRESENTING MILEAGE BELIEVED TO BE DUE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES, AND REQUESTING TO BE ADVISED AS TO WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER STATED SAID VOUCHERS MAY BE CERTIFIED FOR PAYMENT. BOTH EMPLOYEES RESIDE IN FAIRFAX COUNTY, VIRGINIA, WITHIN THE METROPOLITAN AREA OF WASHINGTON, D.C., THEIR OFFICIAL DUTY STATION.

ROBERT B. HARRIS PERFORMED OFFICIAL TRAVEL FROM HIS HOME NEAR VIENNA, VIRGINIA, TO CHICAGO, ILLINOIS AND MADISON, WISCONSIN AND RETURN, PURSUANT TO TRAVEL ORDER NO. 1037, DATED NOVEMBER 8, 1951, AS AMENDED. IT IS NOTED THAT HIS TRAVEL FROM WASHINGTON, D.C. TO CHICAGO, AND RETURN, WAS VIA RAIL AND THAT HE PROCEEDED FROM HIS RESIDENCE TO UNION STATION ON DECEMBER 1, 1951, BY PRIVATELY OWNED AUTOMOBILE. THE SUM RECLAIMED--- SUSPENDED ON HIS ORIGINAL CLAIM VOUCHER--- REPRESENTS MILEAGE FOR RETURNING PERSONALLY OWNED CAR TO RESIDENCE (UNACCOMPANIED BY THE TRAVELER) FROM UNION STATION. ALTHOUGH MR. HARRIS' VOUCHER CONTAINS NO SIGNATURE OF APPROVAL BY AN ADMINISTRATIVE OFFICER, THIS OFFICE HAS BEEN ADVISED INFORMALLY THAT THE SUM RECLAIMED HAS BEEN ADMINISTRATIVELY APPROVED FOR PAYMENT.

A. LEROY SYKES PERFORMED OFFICIAL TRAVEL FROM HIS HOME IN FAIRFAX COUNTY, VIRGINIA TO DES MOINES, IOWA, AND OTHER POINTS IN NORTH DAKOTA, MINNESOTA AND OHIO, AND RETURN, PURSUANT TO TRAVEL AUTHORIZATION NO. 321, DATED JULY 10, 1951, AS AMENDED. SAID ORDERS SPECIFICALLY AUTHORIZED MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE "BETWEEN PLACE OF ABODE AND STATION OR TERMINAL" AT THE RATE OF SEVEN CENTS PER MILE AND BASED UPON A DETERMINATION OF ADVANTAGE TO THE UNITED STATES. IT IS NOTED THAT HE USED RAIL TRANSPORTATION FOR HIS OUTWARD JOURNEY AND COMMERCIAL AIR TRANSPORTATION WHEN RETURNING TO HIS OFFICIAL STATION, AND THAT HE TRAVELED FROM RESIDENCE TO UNION STATION AND FROM AIRPORT TO RESIDENCE BY PRIVATELY OWNED AUTOMOBILE. THE SUM NOW CLAIMED ($1.74) REPRESENTS MILEAGE SUSPENDED ON HIS ORIGINAL EXPENSE VOUCHER FOR THE USE OF PRIVATELY OWNED AUTOMOBILE (UNACCOMPANIED BY TRAVELER) FROM UNION STATION TO RESIDENCE AND FROM RESIDENCE TO AIRPORT.

IN DECISION OF FEBRUARY 1, 1944, 23 COMP. GEN. 549, IT WAS HELD (QUOTING FROM SYLLABUS):

UNDER THE ACT OF FEBRUARY 14, 1931, AS AMENDED, RESTRICTING THE ALLOWANCE OF MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE TO THE DISTANCE TRAVELED BY "A CIVILIAN OFFICER OR EMPLOYEE ENGAGED IN NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM DESIGNATED POST OF DUTY," PAYMENT OF MILEAGE IS NOT AUTHORIZED FOR THE DISTANCE COVERED BY AN EMPLOYEE'S AUTOMOBILE WHEN DRIVEN BY HIS WIFE--- UNACCOMPANIED BY THE HUSBAND--- IN RETURNING THE EMPLOYEE'S AUTOMOBILE TO HIS HOME FROM A POINT WHERE HE COMMENCES AN OFFICIAL FIELD TRIP IN ANOTHER EMPLOYEE'S AUTOMOBILE, OR FOR THE DISTANCE TRAVELED BY THE WIFE FROM THE HOME TO SUCH POINT TO RETURN THE EMPLOYEE TO HIS HOME UPON COMPLETION OF SUCH TRIP.

THE ABOVE CITED ACT WAS REPEALED BY THE TRAVEL EXPENSE ACT OF 1949, APPROVED JUNE 9, 1949, 63 STAT. 166. THE PRESENT ACT AUTHORIZES THE PAYMENT OF MILEAGE (IN LIEU OF ACTUAL EXPENSES FOR TRANSPORTATION) TO "CIVILIAN OFFICERS OR EMPLOYEES" OR "OTHERS RENDERING SERVICE TO THE GOVERNMENT" FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE "WHEN ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE THEIR DESIGNATED POSTS OF DUTY OR PLACES OF SERVICE," WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT.

NEITHER THE TRAVEL EXPENSE ACT OF 1949, NOR THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SPECIFICALLY AUTHORIZES PAYMENT OF MILEAGE FOR TRAVEL OF AN EMPLOYEE'S WIFE IN A PRIVATELY OWNED AUTOMOBILE WHEN UNACCOMPANIED BY THE EMPLOYEE-TRAVELER. CF. 28 COMP. GEN. 586.

ACCORDINGLY, AND IN LINE WITH 23 COMP. GEN. 549, SUPRA, IT IS CONCLUDED THAT MILEAGE MAY NOT BE ALLOWED FOR THE TRAVEL HERE IN QUESTION AND THE VOUCHERS MAY NOT BE CERTIFIED FOR PAYMENT.