B-131810, MARCH 29, 1967, 46 COMP. GEN. 718

B-131810, MARCH 29, 1967, 46 COMP. GEN. 718

TRAVEL EXPENSES - HEADQUARTERS - HOME TO HEADQUARTERS PRIOR TO TRAVEL EMPLOYEES WHO, INCIDENT TO AUTHORIZED TRAVEL BY BUS OR TAXICAB AT THEIR OFFICIAL STATION, PERFORM SOME TRAVEL BETWEEN HOME AND HEADQUARTERS, MAY BE REIMBURSED WITHOUT ANY DEDUCTION FOR THE COST OF TRAVEL FROM HOME TO OFFICE WHEN SUCH TRAVEL IS IN THE INTEREST OF THE GOVERNMENT AND APPROVED IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

TO THE DIRECTOR, NATIONAL SCIENCE FOUNDATIONS, MARCH 29, 1967:

YOUR LETTER OF MARCH 3, 1967, REQUESTS OUR DECISION AS TO THE APPLICABILITY OF THE PRINCIPLE ENUNCIATED IN OUR DECISION OF JUNE 4, 1957, 36 COMP. GEN. 795, TO SITUATIONS INVOLVING TRANSPORTATION OF EMPLOYEES BY BUS OR TAXICAB.

IN 36 COMP. GEN. 795, WE HELD, AT PAGE 797, AS FOLLOWS:

* * * * WHERE AN OFFICER OR EMPLOYEE IS PROPERLY 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 THAT THE EMPLOYEE WOULD NORMALLY TRAVEL BETWEEN HIS HOME AND HIS HEADQUARTERS, IRRESPECTIVE OF WHETHER HE PERFORMS DUTY ON THAT DAY WITHIN OR WITHOUT THE CORPORATE OF HIS HEADQUARTERS CITY OR AT HIS HEADQUARTERS OFFICE. THE ADMINISTRATIVE OFFICIALS, HOWEVER, IN EXERCISING THEIR DISCRETIONARY POWER IN THIS MATTER ARE TO GIVE DUE CONSIDERATION TO THE INTERESTS OF BOTH THE GOVERNMENT AND THE EMPLOYEE. WHERE APPROPRIATE THEY MAY AND SHOULDIN THE EXERCISE OF THIS DISCRETION RESTRICT THE MILEAGE ALLOWABLE, BY WAY OF A REDUCED RATE OR DISTANCE. * * *

YOU SAY THAT PURSUANT TO THE ABOVE-CITED DECISION THE NATIONAL SCIENCE FOUNDATION HAS ESEABLISHED A POLICY OF ALLOWING 8 CENTS A MILE FOR USE OF PRIVATELY OWEND AUTOMOBILES IN CONNECTION WITH THE PERFORMANCE OF OFFICIAL BUSINESS IN THE WASHINGTON, D.C. AREA. APPARTNLY NO DEDUCTION IS MADE FOR THE DISTANCE THE EMPLOYEE NORMALLY WOULD TRAVEL BETWEEN HIS RESIDENCE AND HIS HEADQUARTERS. HOWEVER, WHERE SUCH TRAVEL IS PERFORMED BY BUS OR TAXICAB, THE FOUNDATION REQUIRES THAT AN AMOUNT REPRESENTING THE COST OF TRAVEL BETWEEN THE EMPLOYEE'S RESIDENCE AND HEADQUARTERS BE DEDUCTED FROM THE AMOUNT OTHERWISE DUE FOR THE TRAVEL. SUCH PRACTICE IS BASED UPON OTHER DECISIONS OF OUR OFFICE HOLDING THAT AN EMPLOYEE'S TRAVEL BETWEEN HIS RESIDENCE AND REGULAR PLACE OF DUTY IS A PERSONAL EXPENSE.

HOWEVER, YOU POINT OUT THAT THERE ARE MANY INSTANCES WHEN APPLICATION OF SUCH RULE RESULTS IN A HARDSHIP FOR THE EMPLOYEE. THE FOLLOWING EXAMPLE IS QUOTED FROM YOUR LETTER.

* * * ONE OF OUR EMPLOYEES CONNECTED WITH THE ANTARCTIC PROGRAM MUST OCCASIONALLY MEET AIRPLANES ARRIVING AT OR DEPARTING FROM ANDREWS AIR FORCE BASE. WHILE SOME OF THE ARRIVAL AND DEPARTURE TIMES ARE DURING OFFICE HOURS MANY ARE AT NIGHT, EARLY MORNINGS, OR ON WEEKENDS. THE EMPLOYEE DOES NOT CLAIM OVERTIME FOR ANY OF THE EXTRA HOURS WORK. SHE LIVES IN SOUTHEAST WASHINGTON, TAKES A CAB TO ANDREWS AIR FORCE BASE, THEN TAKES A GOVERNMENT SHUTTLE BUS FROM ANDREWS TO THE WASHINGTON NAVY YARD AND A CAB FROM THE NAVY YARD TO THE NSF OFFICE AT 1800 G STREET, N. W. THE EMPLOYEE MADE EIGHT SUCH TRIPS DURING THE SEPTEMBER DECEMBER 1966 PERIOD, AND FOR EACH SUCH TRIP OUR FINANCE OFFICE MADE A DEDUCTION OF 75 CENTS (EQUIVALENT BUS FARE FROM HOME TO OFFICE). THE EMPLOYEE PARTICIPATES IN A CAR POOL ARRANGEMENT AND PAYS A FIXED FEE PER MONTH.

YOU BELIEVE THAT A MORE EQUITABLE ARRANGEMENT TO THE GOVERNMENT AND TO EMPLOYEES WOULD RESULT IF THE RULE APPLICABLE TO USE OF PRIVATELY OWNED AUTOMOBILES WAS AMENDED TO PERMIT THE USE OF ADMINISTRATIVE DISCRETION WITH RESPECT TO TRANSPORTATION BY BUS OR TAXICAB TO THE SAME EXTENT THAT WE ALLOWED IN OUR DECISION 36 COMP. GEN. 795.

WE DID NOT INTEND, BY OUR DECISION, 36 COMP. GEN. 795, TO COMPLETELY ABROGATE THE RULE THAT AN EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION BETWEEN HIS PLACE OF RESIDENCE AND HIS PLACE OF DUTY AT HIS OFFICIAL STATION. RATHER, IN THAT DECISION WE ACKNOWLEDGED THAT THERE COULD BE SITUATIONS IN WHICH APPLICATION OF THE RULE REFERRED TO ABOVE WOULD BE INAPPROPRIATE.

CONCERNING THE USE OF TAXICABS IN SITUATIONS SUCH AS HERE INVOLVED, SECTION 3.4A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART AS FOLLOWS:

THE HIRE OF BOAT, AUTOMOBILE, TAXICAB (OTHER THAN FOR USE UNDER SEC. 3.1B), AIRCRAFT, LIVERY, OR OTHER CONVEYANCE WILL BE ALLOWED IF AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT WHENEVER THE EMPLOYEE IS ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE HIS DESIGNATED POST OF DUTY.

UNDER THE RELATED CIRCUMSTANCES, WE PERCEIVE NO REASON WHY THE PRINCIPLE EXPRESSED IN 36 COMP. GEN. 795 SHOULD NOT BE EQUALLY APPLICABLE IN SITUATIONS INVOLVING TRANSPORTATION BY BUS OR TAXICAB. OF COURSE, THE USE OF A TAXICAB WOULD HAVE TO BE AUTHORIZED OR APPROVED IN ACCORDANCE WITH SECTION 3.4A OF THE REGULATION QUOTED ABOVE.