B-64764, APRIL 10, 1947, 26 COMP. GEN. 770

B-64764, APRIL 10, 1947, 26 COMP. GEN. 770

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - HEADQUARTERS; ETC. WHERE AN EMPLOYEE TRAVELS BY PRIVATELY OWNED AUTOMOBILE ON A MILEAGE BASIS BETWEEN POINTS WITHIN HIS OFFICIAL STATION AND, ON THE SAME DAY OR DURING THE SAME TRAVEL PERIOD, TRAVELS TO AN OUTSIDE POINT, THE TWO TRAVEL SITUATIONS BEING SUSCEPTIBLE OF SEGREGATION, ALL THE TRAVEL SHOULD NOT BE PAID FOR AT THE RATE AUTHORIZED PURSUANT TO PARAGRAPH 12 (A) (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS REVISED, FOR TRAVEL TO OUTSIDE POINTS FROM POINTS WITHIN, BUT, RATHER, THE TWO SITUATIONS SHOULD BE CONSIDERED SEPARATELY AND THE FORMER PAID FOR ONLY AT THE RATE AUTHORIZED PURSUANT TO SAID PARAGRAPH FOR TRAVEL WHOLLY WITHIN OFFICIAL STATION LIMITS. IN THE ABSENCE OF A SATISFACTORY EXPLANATION AS TO THE REASON FOR AN EMPLOYEE'S FAILURE TO SHOW METER READINGS ORDINARILY REQUIRED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS REVISED, IN SUPPORT OF CLAIMS FOR MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE, AND ACCEPTABLE EVIDENCE OF THE DISTANCES TRAVELED, SUCH AS A CERTIFICATE BY A RESPONSIBLE ADMINISTRATIVE OFFICIAL HAVING KNOWLEDGE OF THE FACTS, THE PHRASE "IN AND AROUND" USED BY THE EMPLOYEES IN HIS TRAVEL VOUCHER MAY NOT BE ACCEPTED TO AUTHORIZE PAYMENT ON A MILEAGE BASIS FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE. TO THE EXTENT THAT THERE MAY BE A CONFLICT BETWEEN THE PROVISION IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THAT A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS MAY NOT BE REGARDED AS AWAY FROM HIS STATION, AND PARAGRAPH 12 (A) (1) OF SAID REGULATIONS, AS REVISED, AUTHORIZING PAYMENT OF MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM DESIGNATED POSTS OF DUTY FROM WHATEVER POINT THEREIN AND JOURNEY AS BEGUN, THE LATTER SHOULD PREVAIL, HOWEVER, MILEAGE FOR TRAVEL TO A POINT WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS MAY BE PAID ONLY AT THE RATE FOR TRAVEL WHOLLY WITHIN OFFICIAL STATION LIMITS.

COMPTROLLER GENERAL WARREN TO M. R. KETCHAN, TREASURY DEPARTMENT, APRIL 10, 1947:

BY LETTER DATED MARCH 19, 1947, THE ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE TREASURY FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF DECEMBER 26, 1946, IN WHICH YOU RAISE THREE QUESTIONS CONCERNING A VOUCHER SUBMITTED BY INSPECTOR WALTER COONEY, FOR TRAVEL EXPENSES INCURRED DURING OCTOBER 1946. THE QUESTIONS WILL BE QUOTED AND ANSWERED IN THE ORDER PRESENTED.

QUESTION 1:

ON OCTOBER 15, 1946 MR. COONEY CLAIMS REIMBURSEMENT FOR TRAVEL PERFORMED AS FOLLOWS:

(A) NEW YORK TO BRONX, 12 MILES.

(B) BRONX TO WEEHAWKEN, N.J., 19 MILES.

(C) WEEHAWKEN, N.J. TO L.I. CITY, 10 MILES.

(D) L.I. CITY TO NEW YORK, 4 MILES.

MR. CONNEY REPRESENTS MILEAGE HERE AS ONE DAY'S TRIP, NOT WHOLLY WITHIN LIMITS, THUS QUALIFYING FOR REIMBURSEMENT AT 5 CENTS PER MILE IN ACCORDANCE WITH "FROM WHATEVER POINT WITHIN HIS HEADQUARTERS THE TRAVELER BEGINS HIS JOURNEY.' THIS WOULD APPEAR TO BE CORRECT IF IT IS HELD THAT THE TRAVEL WAS NOT WHOLLY WITHIN LIMITS

ON THE OTHER HAND, TRIPS TO BRONX (A), AND RETURN FROM L.I. CITY (D), REPRESENT TRAVEL WITHIN CORPORATE LIMITS AND ARE POSSIBLY REIMBURSABLE AT 4 CENTS PER MILE. IS IT REQUIRED TO SEGREGATE TRAVEL ON THIS DAY INTO MILEAGE OUTSIDE CORPORATE LIMITS?

PARAGRAPH 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS AMENDED BY BUDGET CIRCULAR NO. A-7, REVISED, DATED SEPTEMBER 5, 1946, PROVIDES AS FOLLOWS:

12 (A). MILEAGE BASIS:

1. UNLESS OTHERWISE PROVIDED IN THE APPROPRIATION CONCERNED OR OTHER LAW, CIVILIAN OFFICERS OR EMPLOYEES OR OTHERS RENDERING SERVICE TO THE GOVERNMENT, REGARDLESS OF SUBSISTENCE STATUS AND HOURS OF TRAVEL, SHALL BE PAID MILEAGE IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION FOR THE USE OF PRIVATELY OWNED MOTORCYCLES, AUTOMOBILES OR AIRPLANES ON OFFICIAL BUSINESS WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED (OR SUBSEQUENTLY APPROVED) AS MORE ADVANTAGEOUS TO THE GOVERNMENT. IN DETERMINING WHETHER SUCH TRANSPORTATION IS MORE ADVANTAGEOUS TO THE GOVERNMENT, CONSIDERATION WILL BE GIVEN TO THE ADVANTAGES RESULTING FROM THE MORE EXPEDITIOUS TRANSACTION OF THE PUBLIC BUSINESS AS WELL AS OTHER ADVANTAGES AND/OR DISADVANTAGES TO THE UNITED STATES IN THE PARTICULAR CASE. MILEAGE AT NOT TO EXCEED 2 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES AND AIRPLANES SHALL BE PAID FOR NECESSARY TRAVEL ON OFFICIAL TRIPS FROM DESIGNATED POSTS OF DUTY OR PLACES OF SERVICE. IN SUCH CASES THE MILEAGE RATES AS AUTHORIZED OR APPROVED SHALL BE PAID FROM WHATEVER POINT INCLUDED WITHIN HIS HEADQUARTERS THE EMPLOYEE OR OTHER PERSON RENDERING SERVICE TO THE GOVERNMENT BEGINS HIS JOURNEY. WHEN PRIVATELY OWNED MOTORCYCLES OR AUTOMOBILES ARE USED ON OFFICIAL BUSINESS WHOLLY WITHIN THE LIMITS OF THE OFFICIAL STATION OR PLACE OF SERVICE, MILEAGE AT NOT TO EXCEED 2 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED MOTORCYCLES OR 4 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES SHALL BE PAID. IN ADDITION TO THE MILEAGE ALLOWANCES THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF FERRY FARES AND BRIDGE, ROAD, AND TUNNEL TOLLS. WHEN TRANSPORTATION IS AUTHORIZED OR APPROVED BY A PRIVATELY OWNED MOTORCYCLE OR AUTOMOBILE ON A MILEAGE BASIS, PLACES BETWEEN WHICH THE TRAVEL WAS PERFORMED AND METER READINGS REPRESENTING THE DISTANCES TRAVELED MUST BE SHOWN IN THE EXPENSE ACCOUNT, WHICH WILL BE ACCEPTED AS PRIMA FACIE EVIDENCE OF THE CORRECTNESS OF SUCH DISTANCES, SUBJECT TO VERIFICATION BY MEANS OF OFFICIAL TABLE OF DISTANCES, OR IN ABSENCE OF THE REQUIRED INFORMATION THEREIN BY MEANS OF OTHER ACCEPTABLE EVIDENCE. MILEAGE FOR THE USE OF PRIVATELY OWNED AIRPLANES SHALL BE DETERMINED BY MULTIPLYING THE ACTUAL ELAPSED TIME IN THE AIR BY THE RATED CRUISING SPEED OF THE PARTICULAR AIRPLANE. ANY UNUSUAL CONDITIONS OR CIRCUMSTANCES WHICH INFLUENCE THE ELAPSED TIME IN THE AIR MUST BE EXPLAINED. (SEE PARS. 11, 12, 12 (A), 80 (E) (H).

2. MILEAGE SHALL BE PAYABLE TO ONLY ONE OF TWO OR MORE EMPLOYEES TRAVELING TOGETHER ON THE SAME TRIP AND IN THE SAME VEHICLE, BUT NO DEDUCTION SHALL BE MADE FROM THE MILEAGE OTHERWISE PAYABLE TO THE EMPLOYEE ENTITLED THERETO BY REASON OF THE FACT THAT OTHER PASSENGERS (WHETHER OR NOT GOVERNMENT EMPLOYEES MAY TRAVEL WITH HIM AND CONTRIBUTE IN DEFRAYING THE OPERATING EXPENSES. (SEE PAR. 89) ( ITALICS SUPPLIED.)

THAT PARAGRAPH CONTEMPLATES TWO TRAVEL SITUATIONS IN WHICH REIMBURSEMENT AT A MILEAGE RATE FOR THE AUTHORIZED OR APPROVED USE OF A PRIVATELY OWNED AUTOMOBILE MAY BE PROPER. THE FIRST SITUATION RELATES TO TRAVEL PERFORMED ON OFFICIAL BUSINESS FROM A POINT WITHIN THE HEADQUARTERS OF AN EMPLOYEE TO A POINT OUTSIDE HIS HEADQUARTERS. IN THAT SITUATION THE REGULATION PROVIDES THAT REIMBURSEMENT AT THE RATE OF NOT TO EXCEED 5 CENTS PER MILE MAY BE MADE FROM WHATEVER POINT WITHIN THE HEADQUARTERS THAT THE EMPLOYEE OR OTHER PERSON RENDERING SERVICE TO THE GOVERNMENT BEGINS HIS JOURNEY. THE SECOND SITUATION CONTEMPLATED BY THAT PARAGRAPH INVOLVES TRAVEL PERFORMED ON OFFICIAL BUSINESS WHOLLY WITHIN THE LIMITS OF THE OFFICIAL STATION OR PLACE OF SERVICE. IN THAT SITUATION THE REGULATION PROVIDES FOR REIMBURSEMENT FOR SUCH TRAVEL AT A RATE OF NOT TO EXCEED 4 CENTS PER MILE. NO COGENT REASON APPEARS WHY BOTH SITUATIONS COULD NOT ARISE ON THE SAME DAY OR DURING THE COURSE OF ONE PERIOD OF TRAVEL. IN RESPECT OF THE TRAVEL ITEMIZED UNDER QUESTION 1, THE TRAVEL PERFORMED ON OCTOBER 15, 1946, WHOLLY WITHIN THE LIMITS OF THE OFFICIAL STATION, EASILY IS SEPARABLE FROM THE TRAVEL PERFORMED ON THAT DATE FROM THE DESIGNATED POST OF DUTY. THEREFORE IF THE DISTANCES FOR WHICH MILEAGE IS CLAIMED WERE SUPPORTED BY METER READINGS OR OTHER SATISFACTORY EVIDENCE OF THE DISTANCE ACTUALLY TRAVELED (SEE ANSWER TO QUESTION 2) THE TRAVEL PERFORMED ON OCTOBER 15 ORDINARILY WOULD BE REIMBURSABLE AT THE RATE OF 4 CENTS PER MILE FOR TRAVEL FROM NEW YORK TO THE BRONX AND FROM LONG ISLAND CITY TO NEW YORK AS CONSTITUTING TWO TRIPS WHOLLY WITHIN THE EMPLOYEE'S OFFICIAL STATION AND COMPLETELY SEPARABLE FROM THE TRIP FROM THE BRONX (A POINT INCLUDED WITHIN THE HEADQUARTERS OF THE EMPLOYEE) TO WEEHAWKEN, N.J. (A POINT OUTSIDE HIS HEADQUARTERS), AND THE TRIP FROM WEEHAWKEN N.J., TO LONG ISLAND CITY. ACCORDINGLY, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 2:

A PERTINENT REQUIREMENT IN 12A AND ALSO 83E OF SGTR SPECIFIES THAT PLACES BETWEEN WHICH THE TRAVEL WAS PERFORMED AND METER READINGS REPRESENTING THE DISTANCES TRAVELED MUST BE SHOWN IN THE EXPENSE ACCOUNT.

MAY THE PHRASE " IN AND AROUND," AS USED BY MR. COONEY ON OCTOBER 3 AND OCTOBER 24, 1946, BE ACCEPTED AS PRIMA FACIE EVIDENCE OF THE CORRECTNESS OF SUCH DISTANCES, INASMUCH AS STREET ADDRESSES INVOLVED ARE NOT READILY IDENTIFIABLE ON MAP READINGS?

PARAGRAPH 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SUPRA, PROVIDES THAT WHERE REIMBURSEMENT IS ON A MILEAGE BASIS, PLACES BETWEEN WHICH TRAVEL IS PERFORMED AND METER READINGS REPRESENTING THE DISTANCE TRAVELED MUST BE SHOWN IN THE EXPENSE ACCOUNT WHICH WILL BE ACCEPTED AS PRIMA FACIE EVIDENCE OF THE CORRECTNESS OF SUCH DISTANCES. THE LAST SENTENCE OF PARAGRAPH 83 (E) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS TO THE SAME EFFECT. ACCORDINGLY, WHERE REIMBURSEMENT UPON A MILEAGE BASIS IS CLAIMED, METER READINGS ORDINARILY MUST BE SHOWN. HOWEVER, WHERE THE METER READINGS ARE NOT SHOWN AND THERE IS FURNISHED A SATISFACTORY EXPLANATION AS TO THE REASON FOR THE FAILURE TO SHOW SUCH METER READINGS, SUPPORTED BY ACCEPTABLE EVIDENCE OF THE DISTANCES ACTUALLY TRAVELED, SUCH AS A CERTIFICATE BY THE RESPONSIBLE ADMINISTRATIVE OFFICER HAVING KNOWLEDGE OF THE FACTS, REIMBURSEMENT AT A MILEAGE RATE MAY BE PROPER. SEE IN THAT CONNECTION 24 COMP. GEN. 168. THE ABSENCE OF SUCH EXPLANATION, EVIDENCE OF DISTANCES TRAVELED, AND OF A CERTIFICATE BY A RESPONSIBLE ADMINISTRATIVE OFFICER HAVING KNOWLEDGE OF THE FACTS, THE PHRASE "IN AND AROUND," USED BY THE EMPLOYEE IN HIS TRAVEL VOUCHER, NOT ACCOMPANIED BY METER READINGS, MAY NOT BE ACCEPTED AS EVIDENCE OF THE CORRECTNESS OF THE DISTANCES TRAVELED SO AS TO AUTHORIZE REIMBURSEMENT FOR THE USE OF PRIVATELY OWNED AUTOMOBILE AT A MILEAGE RATE. THIS QUESTION IS ANSWERED ACCORDINGLY.

QUESTION 3:

PARAGRAPH 12 (A) AS NOW AMENDED INCLUDES REFERENCE TO PARAGRAPHS 11, 12, 12 (A), 80 (E) (H), AND 89 OF SGTR. THE OMISSION OF DISCUSSION ON PARAGRAPH 3," OFFICIAL STATION--- POST OF DUTY," WOULD APPEAR TO CONTINUE IN FORCE THE RESTRICTIVE CLAUSE,"BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM POST OF DUTY.' SINCE NUMEROUS DECISIONS IN SUCH CASES HAVE PRECLUDED REIMBURSEMENT FOR MILEAGE WITHIN THE 2-MILE ZONE, WOULD PAYMENT NOW BE AUTHORIZED BY THE CLAUSE CONTAINED IN 12 (A) REVISED: FROM WHATEVER POINT INCLUDED WITHIN HIS HEADQUARTERS THE EMPLOYEE BEGINS HIS JOURNEY?

SECTION 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

3. OFFICIAL STATION--- POST OF DUTY.--- DESIGNATED POST OF DUTY AND OFFICIAL STATION MEAN ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED, BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY.

SECTION 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS QUOTED IN THE ANSWER TO QUESTION 1, SUPRA, PRIMARILY IS BASED UPON THE ACT OF FEBRUARY 14, 1931 (5 U.S.C. 73A), AS AMENDED BY SECTION 3 OF PUBLIC LAW 600, 79TH CONGRESS, APPROVED AUGUST 2, 1946, 60 STAT. 807, WHICH PROVIDES:

SEC. 3. THE ACT OF FEBRUARY 14, 1931 (5 U.S.C. 73A), AS AMENDED, IS FURTHER AMENDED TO READ AS FOLLOWS:

"CIVILIAN OFFICERS OR EMPLOYEES OR OTHERS RENDERING SERVICE TO THE GOVERNMENT SHALL, UNDER REGULATIONS PRESCRIBED BY THE PRESIDENT, AND UNLESS OTHERWISE PROVIDED IN THE APPROPRIATION CONCERNED OR OTHER LAW, AND WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT, BE PAID IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION NOT TO EXCEED 2 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED MOTORCYCLES OR 5 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES OR AIRPLANES WHEN ENGAGED IN NECESSARY TRAVEL ON OFFICIAL TRIPS FROM THEIR DESIGNATED POSTS OF DUTY OR PLACES OR SERVICE, OR 2 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED MOTORCYCLES OR 4 CENTS PER MILE FOR THE USE OF PRIVATELY OWNED AUTOMOBILES WHEN USED ON OFFICIAL BUSINESS WHOLLY WITHIN THE LIMITS OF THEIR OFFICIAL STATIONS OR PLACES OF SERVICE. IN ADDITION TO THE MILEAGE ALLOWANCES PROVIDED FOR IN THIS SECTION, THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF FERRY FARES AND BRIDGES, ROAD, AND TUNNEL TOLLS.

THE COMMITTEE ON EXPENDITURES IN THE EXECUTIVE DEPARTMENTS, IN HOUSE REPORT NO. 2186, SEVENTY-NINTH CONGRESS, SECOND SESSION, ACCOMPANYING H.R. 6533, WHICH BECAME PUBLIC LAW 600, STATED, WITH RESPECT TO SECTION 3 THEREOF:

SEC. 3. AUTO MILEAGE.--- IN A REVISION OF THE AUTO MILEAGE ACT OF1931, THE FOLLOWING CHANGES FROM PRESENT GENERAL LAW ARE PROPOSED:

"/1) MILEAGE IS TO BE PAID FOR THE USE OF A PRIVATE CAR AT THE EMPLOYEE'S STATION AS WELL AS FOR TRIPS FROM ONE POINT TO ANOTHER, BUT IN THE FORMER CASE THE MAXIMUM RATE IS TO BE 4 CENTS INSTEAD OF 5 CENTS. THE PRESENT LAW ALLOWS THE PAYMENT OF ACTUAL EXPENSES ONLY (THAT IS, GASOLINE AND OIL) FOR DRIVING WITHIN AN EMPLOYEE'S STATION, EXCEPT IN THE CASE OF CERTAIN PARTICULAR AGENCIES WHERE CONGRESS HAS SPECIFICALLY PROVIDED FOR MILEAGE UP TO 3 CENTS OR 4 CENTS AT THE OFFICIAL STATION. IT IS BELIEVED TO BE MANIFESTLY MORE PRACTICAL AND NOT PERCEPTIBLY LESS ECONOMICAL TO ALLOW MILEAGE AT THE STATION OF AN EMPLOYEE. IN THE CASE OF TRIPS FROM ONE POINT TO ANOTHER, THE BILL WOULD MAKE NO CHANGE IN THE RATE NOW PAYABLE, THAT IS, UP TO 5 CENTS A MILE, AS MAY BE DETERMINED BY THE DEPARTMENT, BUT THE BILL WOULD HAVE THE EFFECT OF REMOVING THE PRESENT TECHNICALITY WHICH REQUIRE THE SPEEDOMETER READINGS AND COMPUTATION TO BEGIN AT THE POINT OF LEAVING THE CORPORATE LIMITS OF THE CITY WHERE THE EMPLOYEE IS STATIONED. THE MILEAGE RATE AT AUTHORIZED UP TO 5 CENTS WILL BE PAID FROM WHATEVER POINT INCLUDED WITHIN HIS HEADQUARTERS THE EMPLOYEE BEGINS HIS JOURNEY.

"/2) MILEAGE MAY BE ALLOWED FOR TRAVEL AUTHORIZED AND DIRECTED IN THE GOVERNMENT'S INTEREST WHETHER OR NOT THE TRAVELER BE AN ACTUAL EMPLOYEE OF THE GOVERNMENT.

"/3) THE PRESENT LAW REQUIRES IT FIRST TO BE DETERMINED THAT A PROPOSED JOURNEY BY PRIVATE CAR IS MORE ECONOMICAL AND ADVANTAGEOUS TO THE UNITED STATES. IT IS PROPOSED TO REMOVE THE REQUIREMENT THAT THE ECONOMY TO THE GOVERNMENT BE ACTUALLY FOUND AND DECLARED IN THE TRAVEL ORDER AND PROVED BY A COMPARISON OF FIGURES IN CASE OF DOUBT. THE COMMITTEE DOES NOT CONTEMPLATE AND WOULD NOT SANCTION THE USE OF A PRIVATE CAR WHERE THE EXPENSE WOULD BE DISTINCTLY LESS ECONOMICAL TO THE UNITED STATES, BUT IT IS WILLING TO LEAVE THIS RESPONSIBILITY TO THE ADMINISTRATIVE OFFICERS INVOLVED WHO, IT IS BELIEVED, CAN BE RELIED UPON TO EXERCISE JUSTIFIABLE RESTRAINT WITHOUT BEING REQUIRED TO UNDERTAKE EXTENSIVE AND FORMAL FINDINGS AND PROOFS. "/4) THE PRESENT LAW REQUIRES THAT THE AUTHORIZATION FOR THE USE OF A CAR BE SIGNED BEFORE THE TRAVELER LEAVES. IT IS BELIEVED THIS IS UNNECESSARILY RESTRICTIVE AND DOES NOT PROVIDE FOR EMERGENCIES WHEN SUBSEQUENT APPROVAL IS ALL THAT CAN BE OBTAINED. THE BILL PROVIDES FOR MILEAGE EITHER TO BE AUTHORIZED (THAT IS, IN ADVANCE), OR APPROVED (THAT IS SUBSEQUENTLY), THUS LEAVING THE PAYMENT OF MILEAGE WITHIN ADMINISTRATIVE CONTROL.

"/5) IN LINE WITH THE ACCEPTED PRINCIPLE THAT THE PAYMENT OF MILEAGE COMMUTES ANY AND ALL EXPENSES INVOLVED IN THE TRIP (SUCH AS FOR GASOLINE, OIL, TIRES, DEPRECIATION, STORAGE, TOWING, REPAIRS, ACCIDENTAL DAMAGES TO OR AGAINST THE CAR OR ITS OWNER) IT HAS BEEN HELD THAT FERRY FARES, BRIDGE, ROAD, AND TUNNEL TOLLS ARE INCLUDED IN HE MILEAGE AND MAY NOT BE PAID IN ADDITION. THIS IS BELIEVED TO BE AN INEQUITABLE RESULT OF THE PRESENT STATUTE. IN LINE WITH A NUMBER OF SPECIAL PROVISIONS RECENTLY ADOPTED FOR PARTICULAR AGENCIES, REIMBURSEMENT IS PROVIDED FOR SUCH FARES AND TOLLS IN ADDITION TO WHATEVER MILEAGE MAY OTHERWISE ACCRUE.' ITALICS SUPPLIED.)

SENATE REPORT NO. 1636, SEVENTY-NINTH CONGRESS, IS TO THE SAME EFFECT.

IN VIEW OF THE FOREGOING, IT REASONABLY MAY BE CONCLUDED THAT TO THE EXTENT THAT THERE MAY BE A CONFLICT BETWEEN PARAGRAPHS 3 AND 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, IN DETERMINING WHETHER MILEAGE IS PAYABLE FOR THE USE OF PRIVATELY OWNED VEHICLES FOR TRAVEL PERFORMED WITHIN OR FROM AN EMPLOYEE'S OFFICIAL STATION, THAT SECTION 12 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, SHOULD PREVAIL. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. HOWEVER, WHERE TRAVEL IS TO A POINT WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS IT MAY NOT, IN THE LIGHT OF THE LAST PART OF PARAGRAPH 3 OF THE REGULATIONS QUOTED, SUPRA, BE CONSIDERED AS TRAVEL FROM THE DESIGNATED POST OF DUTY OR PLACE OF SERVICE AND REIMBURSEMENT WOULD BE AUTHORIZED ONLY AT THE RATE AUTHORIZED FOR TRAVEL ON OFFICIAL BUSINESS WHOLLY WITHIN THE LIMITS OF THE OFFICIAL STATION OR PLACE OF SERVICE.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT UPON THE PRESENT RECORD.