B-134329, DEC. 6, 1957

B-134329: Dec 6, 1957

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YOUR ATTENTION IS DIRECTED TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE AFOREMENTIONED REGULATIONS CONSISTENTLY HAVE BEEN HELD TO HAVE THE FULL FORCE AND EFFECT OF LAW AND. SINCE YOU HAVE NOT FURNISHED A COPY OF YOUR TRAVEL AUTHORIZATION WE DO NOT KNOW WHETHER YOU WERE AUTHORIZED AND HAVE BEEN PAID ON AN ACTUAL EXPENSE BASIS OR ON A MILEAGE BASIS FOR THE TRAVEL PERFORMED. MILEAGE BASIS OF SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WILL BE APPLIED TO YOUR CASE. LIKE SPECULATIVE EXPENSES WILL NOT BE ALLOWED.'. TO ALLOW REIMBURSEMENT FOR SAID EXPENDITURES UNDER EITHER SUBSECTION WOULD AMOUNT TO A WAIVER OR AN AMENDMENT OF THE REGULATIONS WHICH THIS OFFICE IS NOT EMPOWERED TO MAKE.

B-134329, DEC. 6, 1957

TO MR. CHARLES J. BABOR:

YOUR LETTER OF OCTOBER 23, 1957, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT DATED OCTOBER 7, 1957, WHICH DISALLOWED YOUR CLAIM FOR $27.05 EXPENDED BY YOU FOR REPAIR OF DAMAGE TO YOUR PRIVATELY OWNED AUTOMOBILE RESULTING FROM HEAVY RAIN AND FLOODS ON JULY 12, 1957, WHILE PERFORMING OFFICIAL DUTIES AS AN EMPLOYEE OF THE TREASURY DEPARTMENT, INTERNAL REVENUE SERVICE.

YOUR ATTENTION IS DIRECTED TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, SECTION 3.5. USE OF PRIVATELY OWNED CONVEYANCE. IN AN EFFORT TO MAKE TRAVEL EXPENSES UNIFORM THROUGHOUT THE GOVERNMENT SERVICE, THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SET FORTH WITH PARTICULARITY THE REIMBURSABLE ITEMS. THE AFOREMENTIONED REGULATIONS CONSISTENTLY HAVE BEEN HELD TO HAVE THE FULL FORCE AND EFFECT OF LAW AND, THEREFORE, MAY NOT BE ENLARGED BY CONSTRUCTION. SEE 27 COMP. GEN. 382 AND 23 ID. 212.

SINCE YOU HAVE NOT FURNISHED A COPY OF YOUR TRAVEL AUTHORIZATION WE DO NOT KNOW WHETHER YOU WERE AUTHORIZED AND HAVE BEEN PAID ON AN ACTUAL EXPENSE BASIS OR ON A MILEAGE BASIS FOR THE TRAVEL PERFORMED. THEREFORE, SUBSECTION A. ACTUAL EXPENSE BASIS, AND SUBSECTION B. MILEAGE BASIS OF SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WILL BE APPLIED TO YOUR CASE. SUBSECTION A. PROVIDES IN PERTINENT PART AS FOLLOWS:

"CHARGES FOR REPAIRS, DEPRECIATION, REPLACEMENT, GREASE, ALCOHOL, FLUSHING CRANKCASES, TOWAGE, AND LIKE SPECULATIVE EXPENSES WILL NOT BE ALLOWED.'

SUBSECTION B. PROVIDES IN PERTINENT PART AS FOLLOWS:

"IN ADDITION TO THE MILEAGE ALLOWANCE THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF FERRY FARES, AND BRIDGE, ROAD, AND TUNNEL TOLLS.'

SUBSECTION A. SPECIFICALLY PROHIBITS REIMBURSEMENT FOR CHARGES FOR REPAIRS AND SUBSECTION B. DOES NOT PROVIDE FOR EXPENSES OF THE NATURE HERE INVOLVED. TO ALLOW REIMBURSEMENT FOR SAID EXPENDITURES UNDER EITHER SUBSECTION WOULD AMOUNT TO A WAIVER OR AN AMENDMENT OF THE REGULATIONS WHICH THIS OFFICE IS NOT EMPOWERED TO MAKE. SEE 15 COMP. GEN. 735.

THEREFORE, THE SETTLEMENT OF OCTOBER 7, 1957, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.

IN VIEW OF THE BROAD SCOPE AND APPARENTLY HYPOTHETICAL NATURE OF THE SITUATIONS ON WHICH YOU SEEK POINTS OF INFORMATION, WE DO NOT BELIEVE IT APPROPRIATE TO UNDERTAKE TO ANSWER THE QUESTIONS AT THIS TIME. SEE GENERALLY, HOWEVER, 21 COMP. GEN. 507.