B-147922, JAN. 25, 1962

B-147922, JAN. 25, 1962

TO MR. ROBERT A. STRIZZI, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

ON JANUARY 8, 1962, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN FAVOR OF EDWARD A. FEENEY FOR $278.90, REPRESENTING ADDITIONAL TRAVEL EXPENSES AND PER DIEM INCIDENT TO HIS SERVICES WITH THE DEPARTMENT OF COMMERCE, U.S. SCIENCE EXHIBIT.

MR. FEENEY WAS AUTHORIZED BY CHANGE OF STATION ORDER ISSUED JUNE 15, 1961, TO TRAVEL FROM WASHINGTON, D.C., TO SEATTLE, WASHINGTON, WHILE HIS WIFE AND TWO MINOR CHILDREN WERE AUTHORIZED TO TRAVEL FROM CINCINNATI, OHIO, TO SEATTLE. USE OF COMMON CARRIER (PLANE) WAS AUTHORIZED, ALSO PRIVATELY OWNED AUTOMOBILE AT 10 CENTS PER MILE (PLUS BRIDGE OR ROAD TOLLS), STATED TO HAVE BEEN DETERMINED TO BE MORE ADVANTAGEOUS TO THE GOVERNMENT. THE PER DIEM RATE WAS SHOWN AS $12. THE ORDER ALSO INDICATED THAT MRS. FEENEY AND THE CHILDREN WOULD DEPART CINCINNATI, OHIO "ON ABOUT JUNE 21" WHILE MR. FEENEY WOULD LEAVE WASHINGTON BETWEEN AUGUST 15 AND OCTOBER 15. ORDER DATED SEPTEMBER 8, 1961, INCREASED THE PER DIEM TO $16.00 OR MAXIMUM ALLOWABLE" AND INDICATED THAT MR. FEENEY WOULD DEPART ON OR ABOUT SEPTEMBER 10 BY PRIVATELY OWNED CAR. THE RATE PER MILE WAS NOT CHANGED.

MR. FEENEY'S DEPENDENTS TRAVELED BY PLANE AND NO QUESTION HAS BEEN RAISED CONCERNING THE COSTS THEREOF. MR. FEENEY TRAVELED BY PRIVATELY OWNED AUTOMOBILE AND SUBMITTED A VOUCHER FOR $510.24, COVERING 2,952 MILES AT 12 CENTS PER MILE OR $354.24, TOLLS $12, AND PER DIEM (9 X $16) $144. HE WAS ALLOWED $172.30, COMPUTED AS FIRST CLASS AIR FARE $161.30, PER DIEM ( 1/2 X $16) $8, LIMOUSINE, WASHINGTON TO AIRPORT $1.35, AND LIMOUSINE, AIRPORT TO SEATTLE $1.65, MAKING A DIFFERENCE OF $337.94.

IN HIS RECLAIM MR. FEENEY ADJUSTED THE MILEAGE RATE TO 10 CENTS PER MILE IN ACCORDANCE WITH THE ORDER AND THUS REDUCED THE DIFFERENCE TO $278.90.

THE FILE CONTAINS A MEMORANDUM DATED OCTOBER 12, 1961, OF YOUR DEPUTY COMMISSIONER, IN WHICH HE STATES THAT OTHER EMPLOYEES PRESENTLY IN WASHINGTON WILL BE EXPECTED TO EFFECT A PERMANENT CHANGE OF STATION TO SEATTLE AND THAT THE CHANGE WILL BE FOR THE CONVENIENCE OF THE GOVERNMENT. HE ALSO EXPRESSES THE VIEW THAT FEW OF THE EMPLOYEES WILL REMAIN IN SERVICE IF THEY GAIN THE IMPRESSION THAT THE MOVE IS CONSIDERED AS BEING FOR THEIR CONVENIENCE AND HE REQUESTS THAT THOSE HAVING PRIVATE CARS BE PERMITTED TO USE THEM UPON TRANSFER.

THE PROHIBITION AGAINST THE TRANSPORTATION OF AUTOMOBILES OF EMPLOYEES BY 5 U.S.C. 73C REFERS TO THE TRANSPORTATION OF AN AUTOMOBILE AS PART OF THE PERSONAL EFFECTS OF AN EMPLOYEE RESULTING IN INCREASED EXPENSE TO THE GOVERNMENT AND DOES NOT REFER TO THE USE OF AN AUTOMOBILE FOR THE TRANSPORTATION OF THE EMPLOYEE AND, IF OTHERWISE PROPER, HIS FAMILY WHEN IN THE INTEREST OF THE GOVERNMENT. SUCH USE IS SPECIFICALLY AUTHORIZED IN SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WITHIN THE LIMITS PRESCRIBED THEREIN.

UNDER THOSE REGULATIONS TRAVEL BY PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS MAY BE AUTHORIZED WHEN IT IS MORE ADVANTAGEOUS TO THE GOVERNMENT. FURTHER, NO DETERMINATION OF ADVANTAGE IS REQUIRED WHEN PAYMENT ON THAT BASIS IS LIMITED TO COST OF TRAVEL BY COMMON CARRIER INCLUDING PER DIEM IN LIEU OF SUBSISTENCE.

IN 26 COMP. GEN. 463 WE SAID:

"AN ADMINISTRATIVE DETERMINATION OF ADVANTAGE WITH RESPECT TO TRAVEL BY PRIVATELY OWNED VEHICLES ON A MILEAGE BASIS AUTHORIZED OR APPROVED PURSUANT TO SECTION 12 (A) (1) (NOW 3.5) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS REVISED--- IT NO LONGER BEING REQUIRED THAT A DETERMINATION BE MADE THAT SUCH MODE OF TRAVEL IS MORE ECONOMICAL TO THE UNITED STATES--- GENERALLY WILL NOT BE QUESTIONED BY THIS OFFICE, UNLESS IT CLEARLY APPEARS THAT SUCH DETERMINATION IS AT VARIANCE WITH THE REPORTED FACTS IN A PARTICULAR CASE.'

IN YOUR LETTER OF DECEMBER 14, 1961, TO OUR CLAIMS DIVISION, YOU SAY YOUR OFFICE IS UNABLE TO ESTABLISH THE CIRCUMSTANCES UNDER WHICH THE TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AS MORE ADVANTAGEOUS TO THE GOVERNMENT.

IN THIS CASE THE EXPENSES AS CLAIMED ARE MORE THAN TWO AND ONE-HALF TIMES GREATER THAN THE COSTS FOR THE SAME TRAVEL BY COMMERCIAL AIR. ADVANTAGE OR BENEFIT TO THE GOVERNMENT HAS BEEN SHOWN SO AS TO PERMIT ALLOWANCE IN EXCESS OF COMMON CARRIER COSTS. IN FACT, AS STATED ABOVE, THE REPORT OF YOUR AGENCY IN THAT REGARD INDICATES THE ABSENCE OF A FACTUAL BASIS FOR A DETERMINATION OF ADVANTAGE TO THE GOVERNMENT IN THIS CASE. THEREFORE, ON THE PRESENT RECORD, THE ADMINISTRATIVE ACTION IN LIMITING PAYMENT TO THE COST OF TRAVEL BY COMMON CARRIER, INCLUDING PER DIEM, AS SET FORTH IN THE CITED SECTION OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WAS CORRECT.