B-164055, MAY 17, 1968

B-164055: May 17, 1968

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REQUESTING OUR DECISION ON CERTAIN QUESTIONS INVOLVED IN REIMBURSING EMPLOYEES FOR TRAVEL PERFORMED UNDER ACTUAL SUBSISTENCE REIMBURSEMENT AUTHORITY WHEN FRACTIONAL DAYS ARE INVOLVED. IS LIMITED BY STATUTE. * * *" WE INTERPRET THAT LANGUAGE AS AUTHORIZING REIMBURSEMENT UP TO THE APPLICABLE DAILY MAXIMUM EVEN THOUGH THE INDIVIDUAL CONCERNED IS ENTITLED TO REIMBURSEMENT UNDER THAT SECTION FOR ONLY PART OF A CALENDAR DAY. REGARDING EMPLOYEES WHO ARE ENTITLED TO A FIXED PER DIEM IN LIEU OF SUBSISTENCE FOR PART OF A DAY AND REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES FOR ANOTHER PART OF THE SAME DAY. WHEN AN INDIVIDUAL WHO IS AUTHORIZED REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES IS SUBJECT TO TWO MAXIMUM RATES DURING ONE DAY .

B-164055, MAY 17, 1968

TO MR. SECRETARY:

WE REFER TO THE LETTER OF THE DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION DATED APRIL 16, 1968, REQUESTING OUR DECISION ON CERTAIN QUESTIONS INVOLVED IN REIMBURSING EMPLOYEES FOR TRAVEL PERFORMED UNDER ACTUAL SUBSISTENCE REIMBURSEMENT AUTHORITY WHEN FRACTIONAL DAYS ARE INVOLVED.

REGULATIONS GOVERNING REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES AS CONTAINED IN SECTION 6.12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE IN PERTINENT PART: "* * * THE AMOUNT OF REIMBURSEMENT WHICH MAY BE AUTHORIZED OR APPROVED FOR EACH CALENDAR DAY, OR FRACTION OF A DAY, IS LIMITED BY STATUTE. * * *"

WE INTERPRET THAT LANGUAGE AS AUTHORIZING REIMBURSEMENT UP TO THE APPLICABLE DAILY MAXIMUM EVEN THOUGH THE INDIVIDUAL CONCERNED IS ENTITLED TO REIMBURSEMENT UNDER THAT SECTION FOR ONLY PART OF A CALENDAR DAY. ALTHOUGH THE APPLICABLE STATE DEPARTMENT REGULATIONS DO NOT CONTAIN LANGUAGE SIMILAR TO THAT QUOTED ABOVE WE BELIEVE THAT THE SAME RULE SHOULD BE APPLIED IN THE CASE OF INDIVIDUALS SUBJECT TO STATE DEPARTMENT REGULATIONS. ACCORDINGLY, EVEN THOUGH A FULL CALENDAR DAY MAY NOT BE INVOLVED ON THE FIRST AND LAST DAY OF TRAVEL, THE MAXIMUM ALLOWANCE FOR A FUL DAY CONSTITUTES THE MAXIMUM REIMBURSEMENT ALLOWABLE FOR SUCH DAYS. THE TRAVELER MAY BE REIMBURSED HIS EXPENSES FOR ALLOWABLE SUBSISTENCE ITEMS WHILE IN A TRAVEL STATUS NOT TO EXCEED SUCH MAXIMUM.

REGARDING EMPLOYEES WHO ARE ENTITLED TO A FIXED PER DIEM IN LIEU OF SUBSISTENCE FOR PART OF A DAY AND REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES FOR ANOTHER PART OF THE SAME DAY, PER DIEM SHOULD BE PAID AS AUTHORIZED UNTIL THE END OF THE QUARTER DAY DURING WHICH THE EMPLOYEE QUALIFIES FOR REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES. THE PER DIEM PAID PLUS THE AMOUNT OF REIMBURSEMENT FOR ACTUAL SUBSISTENCE EXPENSES ON THAT DAY SHOULD NOT EXCEED THE MAXIMUM ALLOWABLE HAD THE EMPLOYEE BEEN ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES FOR A FULL CALENDAR DAY.

WHEN AN INDIVIDUAL WHO IS AUTHORIZED REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES IS SUBJECT TO TWO MAXIMUM RATES DURING ONE DAY -- SUCH AS IN THE CASE OF AN INDIVIDUAL TRAVELING BETWEEN OVERSEAS LOCALITIES -- THE HIGHER MAXIMUM RATE SHOULD BE USED TO LIMIT REIMBURSEMENT ALLOWABLE FOR THAT FULL DAY.