B-208001 L/M, NOV 10, 1982, OFFICE OF GENERAL COUNSEL
Highlights
WE HAVE CONSISTENTLY HELD THAT EMPLOYEES MAY NOT BE REIMBURSED FOR COMMUTING EXPENSES. WE HAVE ALSO HELD THAT AGENCIES MAY REIMBURSE EMPLOYEES FOR MILEAGE CHARGES AND EXPENSES INCURRED WHEN THE EMPLOYEE HAS TO REPORT TO A TEMPORARY DUTY STATION WHICH IS WITHIN THE COMMUTING AREA OF THE OFFICIAL DUTY STATION. WE HAVE ALWAYS GIVEN EACH AGENCY THE DISCRETION TO ESTABLISH REGULATIONS WHICH SET FORTH RULES FOR REIMBURSEMENT FOR SUCH LOCAL TRAVEL. WE HAVE STATED THAT THE REGULATIONS SHOULD TAKE INTO ACCOUNT THE INTERESTS OF BOTH THE GOVERNMENT AND THE EMPLOYEE. COPIES OF SEVERAL PERTINENT DECISIONS ARE ENCLOSED TO GIVE YOU A MORE DETAILED EXPLANATION OF THESE POINTS. 59 COMP.GEN. 605 (1980). REIMBURSEMENT FOR THE COSTS YOU CLAIM MAY BE ALLOWED IF SUCH REIMBURSEMENT WAS IN ACCORD WITH YOUR AGENCY'S LOCAL TRAVEL REGULATIONS AND POLICIES.
B-208001 L/M, NOV 10, 1982, OFFICE OF GENERAL COUNSEL
PRECIS-UNAVAILABLE
MR. ROBERT E. LEE:
THIS RESPONDS TO YOUR LETTER DATED APRIL 1, 1982, IN WHICH YOU ASK TWO QUESTIONS CONCERNING REIMBURSEMENT FOR TRAVEL EXPENSES.
YOUR FIRST QUESTION CONCERNS REIMBURSEMENT FOR LOCAL TRAVEL WHEN THE EMPLOYEE NOT ONLY COMMUTES TO THE OFFICE, BUT MUST ALSO TRAVEL TO ANOTHER SITE WITHIN THE COMMUTING AREA TO CONDUCT OFFICIAL BUSINESS. AS YOU KNOW, WE HAVE CONSISTENTLY HELD THAT EMPLOYEES MAY NOT BE REIMBURSED FOR COMMUTING EXPENSES. GILBERT C. MORGAN, 55 COMP.GEN. 1323 (1976); 36 ID. 450 (1956). WE HAVE ALSO HELD THAT AGENCIES MAY REIMBURSE EMPLOYEES FOR MILEAGE CHARGES AND EXPENSES INCURRED WHEN THE EMPLOYEE HAS TO REPORT TO A TEMPORARY DUTY STATION WHICH IS WITHIN THE COMMUTING AREA OF THE OFFICIAL DUTY STATION. SEE MORGAN, SUPRA. HOWEVER, WE HAVE ALWAYS GIVEN EACH AGENCY THE DISCRETION TO ESTABLISH REGULATIONS WHICH SET FORTH RULES FOR REIMBURSEMENT FOR SUCH LOCAL TRAVEL. WE HAVE STATED THAT THE REGULATIONS SHOULD TAKE INTO ACCOUNT THE INTERESTS OF BOTH THE GOVERNMENT AND THE EMPLOYEE. COPIES OF SEVERAL PERTINENT DECISIONS ARE ENCLOSED TO GIVE YOU A MORE DETAILED EXPLANATION OF THESE POINTS. 59 COMP.GEN. 605 (1980); 46 ID. 718 (1967); 36 ID. 795 (1957); B-199197, JULY 20, 1981; B-188862, NOVEMBER 23, 1977; AND B-187298, NOVEMBER 15, 1977.
TO SUMMARIZE, REIMBURSEMENT FOR THE COSTS YOU CLAIM MAY BE ALLOWED IF SUCH REIMBURSEMENT WAS IN ACCORD WITH YOUR AGENCY'S LOCAL TRAVEL REGULATIONS AND POLICIES. THE GENERAL ACCOUNTING OFFICE HAS NOT REQUIRED AGENCIES TO REIMBURSE EMPLOYEES FOR LOCAL TRAVEL IN THE MANNER YOU PRESCRIBE.
THE SECOND QUESTION YOU RAISE IS WHETHER AN EMPLOYEE CAN BE REIMBURSED FOR TEMPORARY PARKING INCURRED BY A MEMBER OF THE EMPLOYEE'S FAMILY WHILE PICKING UP THE EMPLOYEE AT THE AIRPORT. THE FEDERAL TRAVEL REGULATIONS (FTR) ALLOW REIMBURSEMENT FOR PARKING AT THE COMMON CARRIER TERMINAL AS LONG AS THAT FEE, PLUS THE ALLOWABLE REIMBURSEMENT TO AND FROM THE TERMINAL, DOES NOT EXCEED THE ESTIMATED COST OF A TAXICAB TO AND FROM THE TERMINAL. FTR, FPMR 101-7 (SEPTEMBER 1981), PARAGRAPH 1-4.2C(3) (COPY ENCLOSED). IT APPEARS THAT THIS PROVISION COVERS THE SITUATION THAT YOU RAISE AND PROVIDES A BASIS FOR REIMBURSEMENT.
IF, AFTER READING THE ABOVE, AND YOU FEEL YOU ARE ENTITLED TO REIMBURSEMENT, YOU MAY SUBMIT A CLAIM TO THE CLAIMS GROUP, GENERAL ACCOUNTING OFFICE, 441 G STREET, N.W., WASHINGTON, D. C. 20548. YOU SHOULD CONSULT OUR REGULATIONS AT 4 C.F.R. PART 31 (1982) FOR GUIDANCE AS TO PROCEDURES TO BE FOLLOWED.