B-80752, NOVEMBER 26, 1948, 28 COMP. GEN. 332

B-80752, NOVEMBER 26, 1948, 28 COMP. GEN. 332

TRAVEL BY PRIVATELY OWNED VEHICLE - EMPLOYEE TRANSPORTING ANOTHER ON OFFICIAL BUSINESS - PAYMENT BASIS WHILE AN EMPLOYEE, UNDER THE ACT OF FEBRUARY 14, 1931, AS AMENDED, MAY NOT BE PAID MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE IN TRANSPORTING ANOTHER EMPLOYEE ON OFFICIAL BUSINESS WHERE THE OWNER OR OPERATOR THEREOF DID NOT PERFORM OFFICIAL BUSINESS, PAYMENT OF A PROPERLY SUPPORTED CLAIM FROM THE EMPLOYEE TRANSPORTED FOR REIMBURSEMENT OF A SUM PAID THE OWNER OR OPERATOR FOR THE ACTUAL AMOUNT EXPENDED FOR GAS, OIL, ETC., NOT IN EXCESS OF COMMON CARRIER COSTS, MAY BE MADE WITHOUT CONTRAVENING THE ADDITIONAL COMPENSATION RESTRICTIONS OF SECTION 1765, REVISED STATUTES, OR PARAGRAPH 89 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PRECLUDING REIMBURSEMENT FOR PAYMENTS MADE TO OTHER EMPLOYEES FOR TRANSPORTATION EXPENSES.

COMPTROLLER GENERAL WARREN TO P. J. HENNING, JR., DEPARTMENT OF AGRICULTURE, NOVEMBER 26, 1948:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1948, TRANSMITTING A VOUCHER IN FAVOR OF MARY R. BERANDT FOR $10.40 ALLEGED TO BE DUE AS MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE AS AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE, AND REQUESTING A DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

THE RECORD SHOWS THAT, PURSUANT TO THE INSTRUCTIONS OF HER SUPERVISOR, THE EMPLOYEE DEPARTED FROM HER OFFICIAL HEADQUARTERS, MARQUETTE, MICHIGAN, AT 10:35 A.M., AUGUST 30, 1948, FOR CARNEY, MICHIGAN, VIA PRIVATELY OWNED AUTOMOBILE AND RETURNED TO HER HEADQUARTERS FROM THAT POINT THE SAME DAY, ARRIVING IN MARQUETTE AT 4.00 P.M. THE SOLE PURPOSE OF HER TRIP TO CARNEY WAS TO PROVIDE TRANSPORTATION FOR MR. FOSTER, ALSO AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE. IT SEEMS THAT MR. FOSTER IS EMPLOYED IN THE MILWAUKEE OFFICE; THAT HE TRAVELED TO MARQUETTE BY COMMON CARRIER FOR A PLANNED CONFERENCE AT THAT LOCATION; THAT UPON HIS ARRIVAL THERE HE WAS INFORMED THE MEETING PLACE HAD BEEN CHANGED TO CARNEY, MICHIGAN, AND THAT HE WAS EXPECTED TO PROCEED TO THAT POINT IMMEDIATELY; AND THAT NO OTHER MEANS OF TRANSPORTATION WAS AVAILABLE.

FOR HER TRAVEL THE EMPLOYEE, MARY R. BERANDT, NOW REQUESTS REIMBURSEMENT FOR THE TRIP BETWEEN MARQUETTE AND CARNEY UPON A COMMUTED BASIS, THAT IS, FIVE CENTS PER MILE FOR 208 MILES, OR A TOTAL OF $10.40. SHE BASES HER RIGHT TO SAID SUM UPON A GENERAL TRAVEL AUTHORIZATION, DATED JUNE 30, 1948, AND GOOD FOR THE FISCAL YEAR 1949, WHICH ORDER PROVIDES FOR USE OF PRIVATELY OWNED AUTOMOBILE AT THE RATE OF FIVE CENTS PER MILE FOR TRAVEL UPON OFFICIAL BUSINESS THROUGHOUT THE STATE OF MICHIGAN AND AWAY FROM HER HEADQUARTERS, MARQUETTE, MICHIGAN. APPARENTLY, NO CLAIM FOR TRANSPORTATION COSTS, AS YET, HAS BEEN SUBMITTED BY MR. FOSTER FOR THAT PORTION OF HIS TRIP FROM MARQUETTE TO CARNEY, NOR IS INFORMATION OF RECORD AS TO THE CONTENTS OF HIS TRAVEL ORDERS. HOWEVER, THE ISSUANCE OF SAID ORDERS IS PRESUMED.

MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS IS CONTROLLED BY THE PROVISIONS OF THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED BY SECTION 3 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 807, AS FOLLOWS:

CIVILIAN OFFICERS OR EMPLOYEES OR OTHERS RENDERING SERVICE TO THE GOVERNMENT SHALL, UNDER REGULATIONS PRESCRIBED BY THE PRESIDENT, AND UNLESS OTHERWISE PROVIDED IN THE APPROPRIATION CONCERNED OR OTHER LAW, AND WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT, BE PAID IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION NOT TO EXCEED 2 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED MOTORCYCLES OR 5 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES OR AIRPLANES WHEN ENGAGED IN NECESSARY TRAVEL ON OFFICIAL TRIPS FROM THEIR DESIGNATED POSTS OF DUTY OR PLACES OF SERVICE, OR 2 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED MOTORCYCLES OR 4 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES WHEN USED ON OFFICIAL BUSINESS WHOLLY WITHIN THE LIMITS OF THEIR OFFICIAL STATIONS OR PLACES OF SERVICE. IN ADDITION TO THE MILEAGE ALLOWANCES PROVIDED FOR IN THIS SECTION, THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF FERRY FARES AND BRIDGE, ROAD, AND TUNNEL TOLLS.

IT CONSISTENTLY HAS BEEN HELD BY THIS OFFICE THAT THE USE BY AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OF A PRIVATELY OWNED AUTOMOBILE FOR THE SOLE PURPOSE OF TRANSPORTING OTHER OFFICIALS OR EMPLOYEES OF THE GOVERNMENT ON OFFICIAL BUSINESS ON A TRIP DURING WHICH THE OWNER OR OPERATOR OF THE CAR IS NOT PERFORMING OFFICIAL BUSINESS DOES NOT ENTITLE SAID OWNER OR OPERATOR TO BE PAID MILEAGE UNDER THE ABOVE QUOTED STATUTORY PROVISIONS FOR SUCH TRAVEL. SEE 4 COMP. GEN. 370; 22 ID. 544; B-46942, MARCH 1, 1945. ALSO, SEE, GENERALLY, SECTION 1765, REVISED STATUTES.

ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

HOWEVER, IT MAY BE STATED TO BE THE VIEW OF THIS OFFICE THAT PAYMENT OF A PROPERLY SUPPORTED, AND OTHERWISE CORRECT, CLAIM FROM MR. FOSTER FOR A SUM PAID BY HIM TO THE OPERATOR OF THE AUTOMOBILE AS REIMBURSEMENT OF THE ACTUAL AMOUNT EXPENDED BY HER FOR GAS, OIL, ETC., NOT IN EXCESS OF COMMON CARRIER COSTS, WOULD NOT CONTRAVENE EITHER SECTION 1765 OF THE REVISED STATUTES OR PARAGRAPH 89 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, REFERRED TO BY YOU.