Claims for Reimbursement of Expenses Incurred While Performing Temporary Duty in Foreign Area

This decision was rendered with respect to 14 civilian employees of the Navy Public Works Center who, while performing temporary duty overseas, were paid per diem allowances in excess of that authorized by the Standard Regulations (Government Civilians, Foreign Areas). The per diem rate was lowered during the claimants' temporary overseas duty, but the Public Works Center was not informed of the change until the claimants' allowances had already been paid. The Public Works Center has since collected all of the indebtednesses allegedly owed the government from all of the 14 employees. However, the Navy asked that GAO submit the employees' claims for reimbursement to Congress under provisions of the Meritorious Claims Act. Amendatory regulations changing per diem rates have the force and effect of law and are applicable from the stated effective date. The rule is applicable even if the individual employee has not received notice of the increase or decrease in rate, and it is also applicable to cases in which the installation responsible for the employee's temporary duty assignment is not on actual notice of the amendment. While the delay in the Public Works Office's receipt of the reduced rate information was unfortunate, there was no legal basis for GAO to waive the application of the lower per diem rate prescribed by the regulations. As to their submission to Congress, the claims were not unusual in nature and were not likely to constitute a recurring problem. Such claims do not present such elements of legal liability or equity so as to justify reporting the claims to Congress under the Meritorious Claims Act.