B-206245 L/M, APR 26, 1982, OFFICE OF GENERAL COUNSEL

B-206245 L/M, APR 26, 1982, OFFICE OF GENERAL COUNSEL

DIGEST: GOVERNMENT EMPLOYEE MAY NOT BE RELIEVED OF LIABILITY FOR TRAVEL ADVANCE FUNDS DESTROYED IN A FIRE. A TRAVEL ADVANCE IS IN THE NATURE OF A LOAN. THE FUNDS BECOME THE PERSONAL FUNDS OF THE EMPLOYEE RATHER THAN GOVERNMENT FUNDS. THUS RELIEF MAY NOT BE GRANTED UNDER 31 U.S.C. SEC. 82A-1 WHICH ONLY PERMITS RELIEF OF ACCOUNTABLE OFFICERS FOR PHYSICAL LOSS OF GOVERNMENT FUNDS.

MR. CHARLES J. COSTELLO, DEPARTMENT OF THE TREASURY:

IN A LETTER DATED JANUARY 26, 1982, YOU REQUESTED OUR OFFICE TO RELIEVE CLIFFORD D. MCFALL FROM LIABILITY FOR THE LOSS OF A $250 TRAVEL ADVANCE. FOR THE REASONS INDICATED BELOW, WE ARE UNABLE TO GRANT THE REQUESTED RELIEF.

ACCORDING TO THE RECORD, ON OCTOBER 9, 1981, MR. MCFALL RECEIVED A $250 TRAVEL ADVANCE FOR A SCHEDULED TRIP FROM WASHINGTON, D. C., TO TEXAS TO BEGIN ON OCTOBER 13, 1981. DURING THE WEEKEND, ON OCTOBER 11, 1981, MR. MCFALL'S HOUSE WAS DESTROYED BY FIRE, AND THE $250 TRAVEL ADVANCE WAS LOST IN THE FIRE.

YOUR LETTER INDICATES THAT YOU ARE SEEKING RELIEF FOR MR. MCFALL UNDER 31 U.S.C. SEC. 82A-1 (1976). THIS STATUTE PERMITS US TO RELIEVE ACCOUNTABLE OFFICERS OF LIABILITY FOR LOSS OF GOVERNMENT FUNDS IN CERTAIN SITUATIONS. AN ACCOUNTABLE OFFICER IS A GOVERNMENT OFFICER OR EMPLOYEE WHO BY REASON OF HIS OR HER EMPLOYMENT IS RESPONSIBLE FOR THE CUSTODY OF GOVERNMENT FUNDS. 59 COMP.GEN. 113, 114 (1979). IN THIS INSTANCE, HOWEVER, MR. MCFALL DOES NOT QUALIFY AS AN ACCOUNTABLE OFFICER, BECAUSE THE TRAVEL ADVANCE MONEYS HE HAD IN HIS CUSTODY ARE NOT GOVERNMENT FUNDS.

THIS OFFICE HAS CONSISTENTLY CONSIDERED TRAVEL EXPENSE ADVANCES TO BE IN THE NATURE OF LOANS RATHER THAN GOVERNMENT FUNDS. SEE B-204387, FEBRUARY 24, 1982; B-200867, MARCH 30, 1981; 54 COMP.GEN. 190 (1974). THUS, THE FUNDS WHICH WERE LOST IN THE FIRE WERE MR. MCFALL'S, NOT THOSE OF THE GOVERNMENT. FOR THAT REASON, WE ARE UNABLE TO GRANT RELIEF TO MR. MCFALL PURSUANT TO 31 U.S.C. SEC. 82A-1.

TRAVEL ADVANCES ARE GOVERNED BY 5 U.S.C. SEC. 5705 (1976). THIS SECTION PROVIDES THAT A SUM ADVANCED AND NOT USED FOR ALLOWABLE EXPENSES MUST BE RECOVERED FROM THE EMPLOYEE OR HIS ESTATE. THE STATUTE CONTAINS NO PROVISION FOR RELIEVING AN EMPLOYEE FROM RESPONSIBILITY IF THE MONEY ADVANCED SHOULD BE LOST OR DESTROYED.

WE ARE UNAWARE OF ANY AUTHORITY THAT WILL PERMIT US TO RELIEVE MR. MCFALL FROM RESPONSIBILITY FOR THE LOSS OF HIS TRAVEL ADVANCE. ACCORDINGLY, WE DENY THE REQUESTED RELIEF.