B-163852, APR. 25, 1968
Highlights
OF THE AMOUNT CLAIMED YOU ARE IN DOUBT AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT $20.40 WHICH REPRESENTS REIMBURSEMENT OF MILEAGE FOR 6 ROUND TRIPS FROM MR. THE EXPENSES INCURRED IN THE TRAINING OF AN EMPLOYEE ARE COVERED BY 5 U.S.C. 4109 WHICH PROVIDES IN PART AS FOLLOWS: "/A) THE HEAD OF AN AGENCY * * * MAY . WHO IS ENGAGED ON OFFICIAL BUSINESS INSIDE OR OUTSIDE OF HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE. IS ENTITLED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE BUREAU OF THE BUDGET TO REIMBURSEMENT OF MILEAGE WHEN THE USE OF A PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. RESTATING THE RULE THAT AN EMPLOYEE MUST BEAR THE COST OF TRAVEL BETWEEN HIS RESIDENCE AND PLACE OF DUTY WAS MODIFIED BY OUR DECISION IN 36 COMP.
B-163852, APR. 25, 1968
TO MR. F. G. USHER:
YOUR LETTER OF MARCH 19, 1968, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. CHARLES H. TYLER FOR $21.40. OF THE AMOUNT CLAIMED YOU ARE IN DOUBT AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT $20.40 WHICH REPRESENTS REIMBURSEMENT OF MILEAGE FOR 6 ROUND TRIPS FROM MR. TYLER'S RESIDENCE IN VIENNA, VIRGINIA, TO GEORGE WASHINGTON UNIVERSITY, WASHINGTON, D.C., AND RETURN, IN CONNECTION WITH APPROVED TRAINING.
THE EXPENSES INCURRED IN THE TRAINING OF AN EMPLOYEE ARE COVERED BY 5 U.S.C. 4109 WHICH PROVIDES IN PART AS FOLLOWS:
"/A) THE HEAD OF AN AGENCY * * * MAY --
"/2) PAY, OR REIMBURSE THE EMPLOYEE FOR, ALL OR A PART OF THE NECESSARY EXPENSES OF THE TRAINING * * * INCLUDING AMONG THE EXPENSES THE NECESSARY COSTS OF --
"/A) TRAVEL * * * UNDER SUBCHAPTER I OF CHAPTER 57 OF THIS TITLE * * *"
WE NOTE THAT UNDER SUBCHAPTER I OF CHAPTER 57 (5 U.S.C. 5704) AN EMPLOYEE OR OTHER INDIVIDUAL PERFORMING SERVICES FOR THE GOVERNMENT, WHO IS ENGAGED ON OFFICIAL BUSINESS INSIDE OR OUTSIDE OF HIS DESIGNATED POST OF DUTY OR PLACE OF SERVICE, IS ENTITLED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE BUREAU OF THE BUDGET TO REIMBURSEMENT OF MILEAGE WHEN THE USE OF A PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT. FURTHER, THE REGULATIONS OF THE CIVIL SERVICE COMMISSION COVERING TRAINING OF GOVERNMENT EMPLOYEES PROVIDE THAT THE HEAD OF EACH DEPARTMENT SHALL DETERMINE WHICH EXPENSES CONSTITUTE NECESSARY TRAINING EXPENSES. FPM SUPPLEMENT 990-1, SEC. 410.601. COMPARE 39 COMP. GEN. 119. SEE ALSO SECTION 3.5C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.
THE DECISION TO WHICH YOU REFER, 36 COMP. GEN. 618, RESTATING THE RULE THAT AN EMPLOYEE MUST BEAR THE COST OF TRAVEL BETWEEN HIS RESIDENCE AND PLACE OF DUTY WAS MODIFIED BY OUR DECISION IN 36 COMP. GEN. 795. THE LATTER DECISION HELD THAT WHERE AN EMPLOYEE PROPERLY IS AUTHORIZED TO USE A PRIVATELY OWNED AUTOMOBILE FOR OFFICIAL BUSINESS IT IS WITHIN ADMINISTRATIVE DISCRETION TO ALLOW HIM MILEAGE FROM WHATEVER POINT HE BEGINS HIS JOURNEY WITH NO REQUIREMENT THAT THERE BE DEDUCTED FROM THE COMPUTATION OF SUCH MILEAGE THE DISTANCE THE EMPLOYEE WOULD NORMALLY TRAVEL BETWEEN HIS HOME AND HEADQUARTERS, IRRESPECTIVE OF WHETHER HE PERFORMS DUTY ON THAT DAY WITHIN OR WITHOUT THE CORPORATE LIMITS OF HIS HEADQUARTERS CITY OR AT HIS HEADQUARTERS OFFICE.
IF THE ADMINISTRATIVE DETERMINATIONS ARE MADE IN ACCORDANCE WITH THE ABOVE PROVISIONS OF LAW AND REGULATIONS AND OUR DECISION IN 36 COMP. GEN. 795, WE SEE NO REASON WHY REIMBURSEMENT OF MILEAGE FOR TRAVEL BETWEEN HIS RESIDENCE AND PLACE OF TRAINING MAY NOT BE ALLOWED.
THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.