B-67806, AUGUST 1, 1947, 27 COMP. GEN. 57

B-67806: Aug 1, 1947

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UNLESS IT BE SHOWN THAT TRANSPORTATION IN THE ONE WAS NOT FEASIBLE. 1947: REFERENCE IS MADE TO YOUR LETTER OF JULY 3. THERE IS SUBMITTED FOR YOUR CONSIDERATION RECLAIM VOUCHER IN THE AMOUNT OF $30.15. COPY OF WHICH IS ATTACHED. WAS ISSUED TO COVER MR. IN LIEU OF TRAVEL BY COMMON CARRIER OR GOVERNMENT-OWNED VEHICLE YOU ARE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE. FOR WHICH YOU WILL BE ALLOWED: "* (B) 5 CENTS PER MILE IN LIEU OF ALL OTHER TRANSPORTATION COSTS: SUCH MODE OF TRANSPORTATION HAS BEEN ADMINISTRATIVELY DETERMINED TO BE MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES. "* IF YOU TRAVEL BY PRIVATELY OWNED AUTOMOBILE PARAGRAPH 1 (A) IS APPLICABLE PROVIDED YOU OR A MEMBER OF YOUR FAMILY TRAVEL ALONE BUT IF TWO OR MORE MEMBERS OF THE FAMILY TRAVEL TOGETHER THEN PARAGRAPH 1 (B) IS APPLICABLE.'.

B-67806, AUGUST 1, 1947, 27 COMP. GEN. 57

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - DEPENDENTS - USE OF MORE THAN ONE AUTOMOBILE UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9805, ISSUED PURSUANT TO SECTION 1 (A) OF THE ACT OF AUGUST 2, 1946, RELATING TO THE PAYMENT OF MILEAGE FOR THE TRAVEL OF EMPLOYEES' DEPENDENTS BY PRIVATELY OWNED AUTOMOBILE ON CHANGE OF STATION, MILEAGE MAY BE ALLOWED FOR THE USE OF ONE AUTOMOBILE, ONLY, UNLESS IT BE SHOWN THAT TRANSPORTATION IN THE ONE WAS NOT FEASIBLE, EVEN THOUGH THE COST OF TRANSPORTATION FOR THE ENTIRE FAMILY BY RAIL WOULD EXCEED THE AGGREGATE AMOUNT OF MILEAGE FOR THE USE OF MORE THAN ONE AUTOMOBILE.

COMPTROLLER GENERAL WARREN TO GUY W. CARMACK, DEPARTMENT OF AGRICULTURE, AUGUST 1, 1947:

REFERENCE IS MADE TO YOUR LETTER OF JULY 3, 1947, AS FOLLOWS:

IN ACCORDANCE WITH SECTION 3 OF THE ACT APPROVED DECEMBER 29, 1941, 55 STATUTE, 876, THERE IS SUBMITTED FOR YOUR CONSIDERATION RECLAIM VOUCHER IN THE AMOUNT OF $30.15, COVERING AN AMOUNT SUSPENDED FROM MR. WILLIAM H. TANDY'S CLAIM FOR REIMBURSEMENT FOR THE PERIOD APRIL 2, 1947 TO APRIL 4, 1947.

LETTER OF AUTHORIZATION NO. 255 ( SOL), DATED FEBRUARY 17, 1947, COPY OF WHICH IS ATTACHED, WAS ISSUED TO COVER MR. WILLIAM H. TANDY'S TRAVEL AND THE TRANSPORTATION OF HIS IMMEDIATE FAMILY CONSISTING OF MRS. RUTH W. TANDY, WIFE, WILLIAM H. TANDY, JR., SON, AGE 8 YEARS, AND CHARLES A. TANDY, SON, AGE 3 YEARS, AND THE TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IN CONNECTION WITH HIS TRANSFER OF OFFICIAL STATION FROM INDIANAPOLIS, INDIANA TO ST. PAUL, MINNESOTA. THIS AUTHORIZATION INCLUDES THE FOLLOWING WITH RESPECT TO MILEAGE:

"1. IN LIEU OF TRAVEL BY COMMON CARRIER OR GOVERNMENT-OWNED VEHICLE YOU ARE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE, FOR WHICH YOU WILL BE ALLOWED:

"* (B) 5 CENTS PER MILE IN LIEU OF ALL OTHER TRANSPORTATION COSTS: SUCH MODE OF TRANSPORTATION HAS BEEN ADMINISTRATIVELY DETERMINED TO BE MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES.

"* IF YOU TRAVEL BY PRIVATELY OWNED AUTOMOBILE PARAGRAPH 1 (A) IS APPLICABLE PROVIDED YOU OR A MEMBER OF YOUR FAMILY TRAVEL ALONE BUT IF TWO OR MORE MEMBERS OF THE FAMILY TRAVEL TOGETHER THEN PARAGRAPH 1 (B) IS APPLICABLE.'

WITH THE ENACTMENT OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, AND THE ISSUANCE OF EXECUTIVE ORDER 9805, EFFECTIVE NOVEMBER 1, 1946, AND GENERAL REGULATION 88-REVISED, SUPPLEMENT NO. 2, DATED DECEMBER 16, 1946, INSTRUCTIONS WERE ISSUED BY THE OFFICE OF THE SOLICITOR IN A MEMORANDUM, DATED FEBRUARY 4, 1947, COPY OF WHICH IS ATTACHED, CONTAINING THE FOLLOWING PARAGRAPH ON PAGE 2 REGARDING THE USE OF PRIVATELY OWNED AUTOMOBILE:

" USE OF PRIVATELY OWNED AUTOMOBILE

"THE PRESENT REGULATIONS, AS INTERPRETED AND ADMINISTRATIVELY LIMITED BY THIS OFFICE, PROVIDE FOR REIMBURSEMENT FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE AT THE RATE OF FIVE CENTS PER MILE IN LIEU OF ALL OTHER TRANSPORTATION COSTS WHEN AN EMPLOYEE AND ONE OR MORE MEMBERS OF HIS IMMEDIATE FAMILY TRAVEL TOGETHER ON CHANGE OF OFFICIAL STATION OR WHEN TWO OR MORE MEMBERS OF HIS IMMEDIATE FAMILY TRAVEL TOGETHER WHEN NOT ACCOMPANIED BY THE EMPLOYEE.'

ON THE VOUCHER SUBMITTED BY MR. TANDY CLAIM IS MADE FOR THE USE OF TWO AUTOMOBILES AT FIVE CENTS A MILE FOR 603 MILES EACH MAKING A TOTAL FOR MILEAGE OF $60.30. THE VOUCHER CONTAINED THE FOLLOWING COMPARATIVE COST STATEMENT:

COST OF ONE WAY RAILWAY FARE INDIANAPOLIS TO ST. PAUL

(2 1/2) -------------$49.30

COST PULLMAN FARE CHICAGO TO ST. PAUL

(2 1/2) ------------- 8.48

57.78

TAXI FARES (EST.):

INDIANAPOLIS, HOME TO STATION-------$2.50

ST. PAUL, STATION TO HOME---------- 1.75 4.25

GRAND TOTAL------------$62.03

ON MAY 14, 1947 A MEMORANDUM WAS WRITTEN TO MR. TANDY REQUESTING INFORMATION WITH RESPECT TO THE USE OF THE TWO CARS TO WHICH HE REPLIED AS FOLLOWS:

"REFERENCE IS MADE TO YOUR MEMORANDUM OF MAY 14, 1947, CONCERNING THE VOUCHER FOR $524.40 FOR REIMBURSEMENT OF EXPENSES INCIDENT TO MY OFFICIAL TRAVEL AND MOVEMENT OF HOUSEHOLD GOODS FROM INDIANAPOLIS, INDIANA, TO ST. PAUL, MINNESOTA.

"IN THE SECOND PARAGRAPH OF YOUR MEMORANDUM, YOU REQUEST INFORMATION AS TO WHETHER I WAS ACCOMPANIED BY MEMBERS OF MY FAMILY IN ONE OF THE CARS. YOU ARE ADVISED THAT ONE OF THE CHILDREN ACCOMPANIED ME IN ONE CAR AND THE OTHER CHILD ACCOMPANIED MRS. TANDY IN THE OTHER CAR.'

MILEAGE FOR THE USE OF ONE OF THE AUTOMOBILES WAS SUSPENDED AS PER ATTACHED COPY OF AUDIT DIFFERENCE STATEMENT, DATED MAY 21, 1947, SINCE A SITUATION WHERE THE USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE FOR TRANSPORTATION ON CHANGE OF OFFICIAL STATION WAS NOT CONTEMPLATED.

IT WILL BE APPRECIATED IF YOU WILL ADVISE ME WHETHER THE ATTACHED RECLAIM VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE PROVISIONS OF EXECUTIVE ORDER 9805 EFFECTIVE NOVEMBER 1, 1946, IN RESPECT OF ALLOWANCE OF TRANSPORTATION COSTS OF DEPENDENTS OF EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, ISSUED PURSUANT TO SECTION 1 (A) OF THE ACT OF AUGUST 2, 1946, PUBLIC 600, 60 STAT. 806, APPEARS TO CONTEMPLATE THAT ONLY ONE PRIVATELY OWNED AUTOMOBILE BE USED IN PERFORMING TRAVEL ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14, 1931, AS AMENDED, WHEN NO REASONABLE GROUNDS ARE FURNISHED TO SHOW THAT TRANSPORTATION OF THE EMPLOYEE AND HIS FAMILY IN ONE AUTOMOBILE WAS NOT FEASIBLE. THIS IS SO REGARDLESS OF THE FACT THAT THE COST BY RAILWAY TRANSPORTATION FOR THE ENTIRE FAMILY IS LESS THAN THE COST AT THE SPECIFIED MILEAGE RATE FOR TWO PRIVATELY OWNED AUTOMOBILES--- THE GOVERNMENT BEING ENTITLED TO THE GREATEST SAVING POSSIBLE WHEN TRAVEL IS PERFORMED UPON A MILEAGE BASIS. ANY CONCLUSION TO THE CONTRARY WOULD BE IN EFFECT PERMIT THE TRANSPORTATION OF ONE OF THE TWO AUTOMOBILES TO THE EMPLOYEE'S NEW OFFICIAL STATION FOR HIS PERSONAL CONVENIENCE AT THE EXPENSE OF THE GOVERNMENT WHICH IS NOT AUTHORIZED. IN THAT CONNECTION, SEE 5 U.S.C. 73C.

IN THE INSTANT CASE, THE EMPLOYEE AND HIS FAMILY TRAVELED TO THE NEW OFFICIAL STATION ON THE SAME DATE, NAMELY, APRIL 2, 1947, AND THERE IS NO INDICATION THAT ALL MEMBERS OF THE FAMILY COULD NOT HAVE TRAVELED IN ONE OF THE TWO AUTOMOBILES IN WHICH THE TRAVEL WAS ACTUALLY PERFORMED.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.