B-178069, APR 9, 1973

B-178069: Apr 9, 1973

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SCHULLERY: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20. A FEDERAL AVIATION ADMINISTRATION EMPLOYEE WHO WAS AUTHORIZED TEMPORARY DUTY TRAVEL IN HIS PRIVATELY OWNED AIRPLANE FROM HIS RESIDENCE. OR AIRPLANE ONLY WHERE SUCH METHOD OF REIMBURSEMENT IS AUTHORIZED BY LAW. OTHERWISE REIMBURSEMENT IS TO BE MADE UNDER THE PROVISIONS OF 4.1 - 4.5. REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS FOR PRIVATELY OWNED AIRPLANES OR OTHER VEHICLES IS ALLOWED ONLY WHERE AUTHORIZED BY LAW. THE GENERAL AUTHORITY FOR REIMBURSEMENT OF TRAVEL OF GOVERNMENT EMPLOYEES IS 5 U.S.C. 5704 UNDER WHICH AN EMPLOYEE "IS ENTITLED TO NOT IN EXCESS OF *** 12 CENTS A MILE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE OR AIRPLANE.

B-178069, APR 9, 1973

TEMPORARY DUTY TRAVEL IN PRIVATELY OWNED AIRPLANE - MILEAGE OR ACTUAL EXPENSE BASIS DECISION DENYING PAYMENT OF TEMPORARY DUTY TRAVEL ON AN ACTUAL EXPENSE BASIS. VOUCHER NOT CERTIFIED FOR PAYMENT FOR TRAVEL BY AIRPLANE.

TO MR. R. J. SCHULLERY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20, 1973, IN WHICH YOU REQUESTED OUR DETERMINATION AS TO WHETHER THE CLAIM OF MR. JERRY COSNER, A FEDERAL AVIATION ADMINISTRATION EMPLOYEE WHO WAS AUTHORIZED TEMPORARY DUTY TRAVEL IN HIS PRIVATELY OWNED AIRPLANE FROM HIS RESIDENCE, OXON HILL, MARYLAND, TO THE NATIONAL AVIATION FACILITIES EXPERIMENTAL CENTER, ATLANTIC CITY, NEW JERSEY, AND RETURN, MAY BE CERTIFIED FOR PAYMENT.

MR. COSNER MADE SAID FLIGHTS ON JANUARY 3, 1973, AND NOW SEEKS REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS. HE COMPUTES HIS ACTUAL EXPENSES ON THE BASIS OF FIXED COSTS PER HOUR PLUS OPERATING COSTS.

SECTION 4.6A OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-7 PROVIDES:

4.6 ACTUCAL EXPENSE BASIS. A. USED ONLY WHEN AUTHORIZED BY LAW. REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS APPLIES TO REIMBURSEMENT 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 4.1 - 4.5.

AS INDICATED IN THE ABOVE REGULATION, REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS FOR PRIVATELY OWNED AIRPLANES OR OTHER VEHICLES IS ALLOWED ONLY WHERE AUTHORIZED BY LAW.

THE GENERAL AUTHORITY FOR REIMBURSEMENT OF TRAVEL OF GOVERNMENT EMPLOYEES IS 5 U.S.C. 5704 UNDER WHICH AN EMPLOYEE "IS ENTITLED TO NOT IN EXCESS OF *** 12 CENTS A MILE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE OR AIRPLANE; INSTEAD OF THE ACTUAL EXPENSES OF TRANSPORTATION." WE ARE UNABLE TO FIND ANY OTHER AUTHORITY WHICH WOULD ALLOW MR. COSNER TO BE REIMBURSED ON AN ACTUAL EXPENSE BASIS RATHER THAN THE MILEAGE BASIS CONTEMPLATED IN SECTION 5704.

IT IS TRUE, HOWEVER, THAT PRIOR LAW AUTHORIZED REIMBURSEMENT FOR AIRPLANE EXPENSES SOLELY ON AN ACTUAL COST BASIS. SEE 23 COMP. GEN. 99 (1943). SUCH LAW HAS BEEN, AS INDICATED, SUPERSEDED BY SECTION 5704 OF TITLE 5.

IN VIEW OF THE FOREGOING, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.