B-146290, JUL. 24, 1961

B-146290: Jul 24, 1961

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WHILE HE WAS AWAY FROM HIS DUTY POST. YOUR QUESTION IS WHETHER THE MAXIMUM RATE OF PER DIEM. - IS LEGALLY PAYABLE FOR THAT WHOLE PERIOD IN VIEW OF THE ICA REGULATIONS WHICH PROVIDE THAT MAXIMUM PER DIEM IS PAYABLE FOR ONLY THE FIRST 60 DAYS OF A TEMPORARY DUTY ASSIGNMENT. THE ISSUING OFFICE SHALL SEEK THE RECOMMENDATIONS OF THE MISSION AT WHICH THE EMPLOYEE IS TEMPORARILY STATIONED.'. SECTIONS II.G.3.B AND C OF THAT MANUAL ORDER WHICH WERE APPLICABLE TO PERIODS OF TEMPORARY DUTY IN THE UNITED STATES PROVIDED AT THAT TIME: "B. OVERSEAS EMPLOYEES WHO ARE BROUGHT TO THE UNITED STATES PRIMARILY OR SOLELY FOR CONSULTATION OR TEMPORARY DUTY ASSIGNMENT OR DETAIL RECEIVE THE FULL PER DIEM RATES FOR THE DURATION OF THEIR STAY IN THE UNITED STATES UP TO A TOTAL PERIOD OF 60 -CALENDAR DAYS.

B-146290, JUL. 24, 1961

TO MR. EVANS N. WENTZ, INTERNATIONAL COOPERATION ADMINISTRATION USOM/LIBYA:

ON JUNE 22, 1961, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY THE VOUCHER (A COPY OF WHICH YOU ENCLOSED) OF MR. BEN H. BROWN, JR., AN EMPLOYEE OF THE INTERNATIONAL COOPERATION ADMINISTRATION, FOR PER DIEM IN LIEU OF SUBSISTENCE COVERING THE PERIOD FEBRUARY 1 TO JUNE 10, 1960, WHILE HE WAS AWAY FROM HIS DUTY POST, BENGHAZI, LIBYA, ON TEMPORARY DUTY IN WASHINGTON, D.C.

MR. BROWN CLAIMS PER DIEM AT THE RATE OF $12 FROM FEBRUARY 4, 1960 (NOON) WHEN HE ARRIVED IN WASHINGTON, THROUGH JUNE 9 (MIDNIGHT) WHEN HE LEFT THE UNITED STATES FOR RETURN TO HIS POST OF DUTY. YOUR QUESTION IS WHETHER THE MAXIMUM RATE OF PER DIEM--- $12--- IS LEGALLY PAYABLE FOR THAT WHOLE PERIOD IN VIEW OF THE ICA REGULATIONS WHICH PROVIDE THAT MAXIMUM PER DIEM IS PAYABLE FOR ONLY THE FIRST 60 DAYS OF A TEMPORARY DUTY ASSIGNMENT.

SECTION II.G.1.A OF ICA MANUAL ORDER NO. 560.2 IN EFFECT DURING THE TIME IN QUESTION PROVIDED IN PERTINENT PART:

"* * * IN ANY CASE WHERE THE EMPLOYEE'S TOUR OF TRAVEL REQUIRED MORE THAN TWO MONTHS' STAY AT A TEMPORARY DUTY STATION, THE ISSUING OFFICE SHALL CONSIDER EITHER EFFECTING A DETAIL OR PERMANENT CHANGE IN THE OFFICIAL STATION OF THE TRAVELER, OR A REDUCTION IN THE PER DIEM RATE. IN THIS CONNECTION, THE ISSUING OFFICE SHALL SEEK THE RECOMMENDATIONS OF THE MISSION AT WHICH THE EMPLOYEE IS TEMPORARILY STATIONED.'

SECTIONS II.G.3.B AND C OF THAT MANUAL ORDER WHICH WERE APPLICABLE TO PERIODS OF TEMPORARY DUTY IN THE UNITED STATES PROVIDED AT THAT TIME:

"B. IN ACCORDANCE WITH THE PER DIEM POLICY APPLICABLE TO DETAIL OF OVERSEAS EMPLOYEES WITHIN HIS MISSION OR TEMPORARY DUTY ASSIGNMENT OVERSEAS OUTSIDE HIS MISSION (SEE II.G.1.A. ABOVE), OVERSEAS EMPLOYEES WHO ARE BROUGHT TO THE UNITED STATES PRIMARILY OR SOLELY FOR CONSULTATION OR TEMPORARY DUTY ASSIGNMENT OR DETAIL RECEIVE THE FULL PER DIEM RATES FOR THE DURATION OF THEIR STAY IN THE UNITED STATES UP TO A TOTAL PERIOD OF 60 -CALENDAR DAYS.

"C. THE DIRECTOR OF PERSONNEL MAY WAIVE THE ABOVE TIME LIMITATION OF 60- CALENDAR DAYS FOR THE PAYMENT OF PER DIEM WHEN, IN HIS JUDGMENT, THE CIRCUMSTANCES WARRANT THE RETENTION OF THE EMPLOYEE IN THE UNITED STATES FOR A LONGER PERIOD OF TIME. PAYMENT OF PER DIEM IN SUCH CASES SHALL BE MADE AT THE THREE-FOURTHS RATE.'

TRAVEL AUTHORIZATION NUMBER T2/60-004, FEBRUARY 1, 1960, PRESCRIBES MAXIMUM PER DIEM ALLOWABLE UNDER ICA MANUAL ORDER NO. 560.2. THEREFORE, ASSUMING APPROVAL OF TEMPORARY DUTY IN EXCESS OF 60 DAYS AS REQUIRED BY PARAGRAPH II.G.3.C ABOVE, PER DIEM AT THE $12 RATE IS PAYABLE FOR THE FIRST 60 DAYS OF MR. BROWN'S TEMPORARY DUTY AND AT THE RATE OF $9 FOR THE REMAINDER OF SUCH DUTY IN WASHINGTON.

THE VOUCHER, THE COPY OF WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, ONLY IN ACCORDANCE WITH THE FOREGOING HOLDING.