B-162990, DECEMBER 7, 1967, 47 COMP. GEN. 325

B-162990: Dec 7, 1967

Additional Materials:

Contact:

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

 

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

IS. 1967: THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 16. BILLINGS WAS AUTHORIZED TO TRAVEL BY COMMON CARRIER FROM JUNEAU TO PETERSBURG. THE DISTANCE INVOLVED IS 110 WATER MILES AND THE APPROVED CLAIM FOR $20 REPRESENTS THE COST OF AIR FARE BY COMMON CARRIER BETWEEN JUNEAU AND PETERSBURG. WHO IS ENGAGED ON OFFICIAL BUSINESS INSIDE OR OUTSIDE HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE. IS ENTITLED TO NOT IN EXCESS OF. OF THE ACTUAL EXPENSES OF TRANSPORTATION WHEN THAT MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. * * *" INSOFAR AS ALLOWABLE TRAVEL EXPENSES ARE CONCERNED 5 U.S.C. 5706 (1965- 1966 SUPPLEMENT) PROVIDES: "EXCEPT AS OTHERWISE PERMITTED BY THIS SUBCHAPTER OR BY STATUTES RELATING TO MEMBERS OF THE UNIFORMED SERVICES.

B-162990, DECEMBER 7, 1967, 47 COMP. GEN. 325

MILEAGE - TRAVEL BY PRIVATELY OWNED BOAT - COMMON CARRIER COST LIMITATION AN EMPLOYEE WHO AUTHORIZED TO TRAVEL BY COMMON CARRIER INCIDENT TO AN OFFICIAL CHANGE OF STATION MOVES AT HIS EXPENSE BY PRIVATELY OWNED BOAT, ALTHOUGH NOT ENTITLED TO REIMBURSEMENT ON A MILEAGE ALLOWANCE BASIS UNDER SECTION 3.5 OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ABSENT REFERENCE TO BOAT TRAVEL IN 5 U.S.C. 5704 PRESCRIBING PAYMENT OF A MILEAGE ALLOWANCE FOR OFFICIAL TRAVEL BY PRIVATELY OWNED CONVEYANCES, IS, HOWEVER, ENTITLED TO THE REIMBURSEMENT OF ACTUAL EXPENSES PURSUANT TO 5 U.S.C. 5706, AND UPON FURNISHING INFORMATION OF THE AMOUNT OF GAS AND OIL CONSUMED IN TRAVELING TO HIS NEW DUTY STATION, THE EMPLOYEE MAY BE REIMBURSED ON AN ACTUAL EXPENSE BASIS IN AN AMOUNT NOT TO EXCEED THE COST OF COMMON CARRIER TRANSPORTATION, AS PROVIDED IN SECTION 3.5A OF THE TRAVEL REGULATIONS.

TO H. M. BAKER, UNITED STATES DEPARTMENT OF AGRICULTURE, DECEMBER 7, 1967:

THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 16, 1967, REFERENCE 6540, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN THE AMOUNT OF $20 SUBMITTED BY MR. RICHARD F. BILLINGS, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, FOR TRAVEL ON MARCH 25 AND 26, 1967, IN CONNECTION WITH AN OFFICIAL CHANGE OF STATION FROM JUNEAU, ALASKA, TO PETERSBURG, ALASKA, BY PRIVATELY OWNED BOAT BASED ON COMMON CARRIER COSTS FOR THE DISTANCE.

BY A TRAVEL AUTHORIZATION DATED MARCH 8, 1967, MR. BILLINGS WAS AUTHORIZED TO TRAVEL BY COMMON CARRIER FROM JUNEAU TO PETERSBURG. MOVED HIMSELF AT HIS OWN EXPENSE WITH NO COST TO THE GOVERNMENT USING HIS PERSONAL BOAT BETWEEN THESE TWO POINTS. THE DISTANCE INVOLVED IS 110 WATER MILES AND THE APPROVED CLAIM FOR $20 REPRESENTS THE COST OF AIR FARE BY COMMON CARRIER BETWEEN JUNEAU AND PETERSBURG.

YOU STATE THAT YOU FAIL TO FIND AUTHORIZATION FOR PAYMENT OF PERSONAL BOAT TRAVEL IN SECTION 3.5 OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

WITH RESPECT TO THE PAYMENT OF MILEAGE ALLOWANCES 5 U.S.C. 5704 (1965- 1966 SUPPLEMENT) PROVIDES IN PART AS FOLLOWS:

"/A) UNDER REGULATIONS PRESCRIBED UNDER SECTION 5707 OF THIS TITLE, AN EMPLOYEE OR OTHER INDIVIDUAL PERFORMING SERVICE FOR THE GOVERNMENT, WHO IS ENGAGED ON OFFICIAL BUSINESS INSIDE OR OUTSIDE HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE, IS ENTITLED TO NOT IN EXCESS OF--

"/1) 8 CENTS A MILE FOR THE USE OF A PRIVATELY OWNED MOTORCYCLE; OR

"/2) 12 CENTS A MILE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE OR AIRPLANE; INSTEAD OF THE ACTUAL EXPENSES OF TRANSPORTATION WHEN THAT MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. * * *"

INSOFAR AS ALLOWABLE TRAVEL EXPENSES ARE CONCERNED 5 U.S.C. 5706 (1965- 1966 SUPPLEMENT) PROVIDES:

"EXCEPT AS OTHERWISE PERMITTED BY THIS SUBCHAPTER OR BY STATUTES RELATING TO MEMBERS OF THE UNIFORMED SERVICES, ONLY ACTUAL AND NECESSARY TRAVEL EXPENSES MAY BE ALLOWED TO AN INDIVIDUAL HOLDING EMPLOYMENT OR APPOINTMENT UNDER THE UNITED STATES.'

IN IMPLEMENTING THESE STATUTES THE DIRECTOR OF THE BUREAU OF THE BUDGET AS AUTHORIZED IN 5 U.S.C. 5707 (1965-1966 SUPPLEMENT) PROVIDES IN SECTION 3.5A OF STANDARDIZED GOVERNMENT TRAVEL REGULATIONS: "3.5 USE OF PRIVATELY OWNED CONVEYANCE.

"A. ACTUAL EXPENSE BASIS.

"THIS SUBSECTION APPLIES TO REIMBURSEMENT ON THE BASIS OF ACTUAL EXPENSE FOR USE OF A PRIVATELY OWNED MOTORCYCLE, AUTOMOBILE, OR AIRPLANE ONLY WHERE SUCH METHOD OF REIMBURSEMENT IS AUTHORIZED BY LAW; OTHERWISE REIMBURSEMENT IS TO BE MADE UNDER THE PROVISIONS OF SUBSECTION B. THE USE OF A PRIVATELY OWNED CONVEYANCE ON AN ACTUAL EXPENSE BASIS, AS DISTINGUISHED FROM A MILEAGE BASIS UNDER SUBSECTION B MAY BE AUTHORIZED OR APPROVED: PROVIDED, THAT THE AGGREGATE OF ALLOWABLE EXPENSES, PLUS INCREASED SUBSISTENCE EXPENSES, IF ANY, THROUGH INCREASED TRAVEL TIME, OR LESS SUBSISTENCE SAYINGS, IF ANY, THROUGH REDUCED TRAVEL TIME, AS THE CASE MAY BE, DOES NOT EXCEED THE COST OF TRANSPORTATION AVAILABLE BY COMMON CARRIER.

"FOR SUCH TRAVEL ON AN ACTUAL-EXPENSE BASIS THE OFFICER OR EMPLOYEE WILL BE ENTITLED TO REIMBURSEMENT OF THE COST OF GASOLINE, OIL, AND FEED OF HORSES, AND IN ADDITION THERETO GARAGE OR HANGAR RENT AND STABLING OF HORSES, WHILE OFFICIALLY DETAINED EN ROUTE, AND BRIDGE, FERRY, AND OTHER TOLLS. * * *"

UNDER THE FOREGOING REGULATIONS REIMBURSEMENT FOR TRAVEL BY PRIVATELY OWNED MOTORCYCLE, AUTOMOBILE, OR AIRPLANE IS ON A MILEAGE BASIS EXCEPT WHERE THE LAW SPECIFICALLY PROVIDES FOR REIMBURSEMENT ONAN ACTUAL EXPENSE BASIS. HOWEVER, REIMBURSEMENT FOR TRAVEL IN OTHER PRIVATELY OWNED CONVEYANCES IS NOT GOVERNED BY THE FIRST SENTENCE OF ECTION 3.5A OF THE REGULATIONS AND THEREFORE COMES WITHIN THE PROVISIONS OF SECTION 5706 OF THE STATUTE ABOVE, PROVIDING FOR ALLOWANCE OF ACTUAL TRAVEL EXPENSES. THE SECOND SENTENCE OF SECTION 3.5A OF THE REGULATIONS, ABOVE, RELATING TO PRIVATELY OWNED CONVEYANCE LIMITS SUCH COSTS TO THOSE AVAILABLE BY COMMON CARRIER. THE ACTUAL EXPENSES UNDER THE CIRCUMSTANCES WOULD APPEAR TO BE THE COST OF THE GAS AND OIL CONSUMED.

IN THE ABSENCE OF INFORMATION AS TO THE QUANTITY OF GAS AND OIL CONSUMED BY MR. BILLINGS' BOAT ON THE 110 MILE TRIP AND THE UNIT PRICE PAID THEREFOR, THE VOUCHER--WHICH WAS BASED SOLELY ON THE COST OF TRAVEL BY COMMERCIAL AIR BETWEEN JUNEAU AND PETERSBURG--MAY NOT BE CERTIFIED FOR PAYMENT ON THE PRESENT RECORD. HOWEVER, UPON A DETERMINATION OF THE COSTS ENUMERATED ABOVE, THE CLAIM FOR TRAVEL WHICH HAS BEEN APPROVED BY MR. BILLINGS' SUPERVISOR MAY, WITHIN THE LIMITS PRESCRIBED IN SECTION 3.5A STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, BE SETTLED ADMINISTRATIVELY BY THE AGENCY.