[Request for Advance Decision on Per Diem Claim]

An advance decision was requested concerning an Army Corps of Engineers employee's claim for the payment of per diem for lodging because he resided at his private camp during a temporary duty assignment. The employee's travel orders had authorized per diem in accordance with Joint Travel Regulations. The employee stated that, if he had not used his camp, it would have been rented and that his use of the camp saved the Government per diem expenses because of its proximity to the temporary work site. Therefore, he claimed lodging costs at the normal rental rate of his camp. The Corps denied this claim, because the employee had not purchased and maintained the camp on account of his temporary duty assignment and he was not required to pay for lodging. The Corps further stated that per diem is not intended to reimburse an employee for allegedly lost income. Federal Travel Regulations provide that per diem shall be established on the basis of the amount of expenses a traveler actually incurs for lodging. GAO has held that an employee who lodges in a residence which he owns, while on temporary duty, may be paid lodging expenses based on prorated monthly interest, taxes, and utilities costs. However, the employee must provide clear and convincing evidence that, but for his lodging there, the residence would have been rented out at all times covered by the claim. In this case, the record contained no such evidence. Accordingly, the claim could not be paid. If such evidence were to be submitted, the claim could be considered for payment. However, the basis for computing the claim would not be the rental price of the property, but on a proration of the interest, taxes, and utilities.