B-196484 L/M, FEB 19, 1980

B-196484 L/M, FEB 19, 1980

PRECIS-UNAVAILABLE

ROBERT MEADER:

WE REFER TO YOUR LETTER DATED JUNE 11, 1979, CONCERNING YOUR REQUEST FOR A REVIEW OF THE CERTIFICATE OF SETTLEMENT DATED MARCH 15, 1977, IN WHICH THE CLAIMS DIVISION DISALLOWED YOUR CLAIM IN THE AMOUNT OF 51 CENTS FOR A MILEAGE ALLOWANCE IN CONNECTION WITH YOUR TRAVELING BY BICYCLE ON GOVERNMENT BUSINESS. THE CLAIMS DIVISION DENIED YOUR CLAIM ON THE BASIS THAT THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7, MAY 1973) DO NOT PROVIDE FOR PAYMENT OF A MILEAGE ALLOWANCE FOR TRAVEL PERFORMED BY BICYCLE.

WE NOTE THAT YOU NOW ALSO QUESTION THE ADMINISTRATIVE DISALLOWANCE OF AN ADDITIONAL CLAIM IN THE AMOUNT OF $6.84 INCIDENT TO YOUR TEMPORARY DUTY TRAVEL BY BICYCLE IN MAY 1979.

IN COMPTROLLER GENERAL'S DECISION JAMES J. BERRYHILL, B-184641, SEPTEMBER 11, 1975, IT WAS HELD THAT A MILEAGE ALLOWANCE MAY NOT BE PAID TO AN EMPLOYEE FOR THE USE OF HIS PRIVATELY OWNED BICYCLE ON OFFICIAL TRAVEL. THE DETERMINATION THEREIN WAS BASED ON THE LANGUAGE OF BOTH THE STATUTORY AUTHORITY FOR PAYMENT OF A MILEAGE ALLOWANCE, 5 U.S.C. 5704, AND THE IMPLEMENTING REGULATION, FTR PARA. 1-4.1A AS WELL AS THE PERTINENT LEGISLATIVE HISTORY WHICH MAKE CLEAR THAT MILEAGE PAYMENTS MAY ONLY BE MADE FOR THE USE OF A MOTOR-DRIVEN VEHICLE.

WE CALL TO YOUR ATTENTION THAT A BILL, H.R. 6180, HAS BEEN INTRODUCED IN THE 96TH CONGRESS, 1ST SESSION, WHICH IF ENACTED, WOULD AMEND 5 U.S.C. 5704(A) TO PROVIDE FOR AN ALLOWANCE OF 4 CENTS PER MILE TO FEDERAL EMPLOYEES FOR THE USE OF A BICYCLE WHILE ENGAGED ON OFFICIAL BUSINESS. THE BILL PROVIDES THAT THE EFFECTIVE DATE OF THE AMENDMENT WOULD BE SIXTY DAYS AFTER THE DATE OF ENACTMENT.

IN VIEW OF THE ABOVE, THERE IS NO BASIS UPON WHICH TO ALLOW YOUR CLAIM FOR MILEAGE AND ACCORDINGLY, WE SUSTAIN THE ACTION OF THE CLAIMS DIVISION.