B-165452, NOVEMBER 12, 1968, 48 COMP. GEN. 313

B-165452: Nov 12, 1968

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OFFICERS AND EMPLOYEES - TRAINING - OFFICIAL DUTY AWAY FROM TRAINING SITE AN EMPLOYEE WHO INCIDENT TO MOVING HIS FAMILY RESIDENCE TO A TRAINING SITE UNDER THE AUTHORITY IN 5 U.S.C. 4109/A) (2) (B) FORFEITS HIS RIGHT TO PER DIEM IS ENTITLED TO TRANSPORTATION COSTS AND PER DIEM WHEN REQUIRED TO TRAVEL ON OFFICIAL BUSINESS AWAY FROM THE TRAINING SITE. WHICH REQUESTS A DECISION WITH REGARD TO PAYMENT BY THE DEPARTMENT OF AGRICULTURE OF CERTAIN TRAVEL AND PER DIEM EXPENSES OF EMPLOYEES WHO ARE REQUIRED TO PERFORM OFFICIAL TRAVEL DURING EXTENDED PERIODS OF TRAINING AWAY FROM THEIR OFFICIAL STATIONS. HAVE MOVED THEIR FAMILIES AND HOUSEHOLD GOODS TO THEIR TRAINING SITES AT GOVERNMENT EXPENSE BASED ON A DETERMINATION MADE UNDER 5 U.S.C. 4109 (A) (2) (B) THAT THE COSTS OF SUCH TRANSPORTATION ARE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING.

B-165452, NOVEMBER 12, 1968, 48 COMP. GEN. 313

OFFICERS AND EMPLOYEES - TRAINING - OFFICIAL DUTY AWAY FROM TRAINING SITE AN EMPLOYEE WHO INCIDENT TO MOVING HIS FAMILY RESIDENCE TO A TRAINING SITE UNDER THE AUTHORITY IN 5 U.S.C. 4109/A) (2) (B) FORFEITS HIS RIGHT TO PER DIEM IS ENTITLED TO TRANSPORTATION COSTS AND PER DIEM WHEN REQUIRED TO TRAVEL ON OFFICIAL BUSINESS AWAY FROM THE TRAINING SITE, EVEN WHILE PERFORMING OFFICIAL DUTIES AT THE LOCATION WHICH WOULD OTHERWISE BE HIS OFFICIAL STATION. FOR THE PURPOSES OF SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH PROHIBITS PAYMENT OF PER DIEM AT A PERMANENT DUTY STATION, THE TRAINING SITE MAY BE CONSIDERED THE EMPLOYEE'S PERMANENT DUTY STATION, THUS ENTITLING HIM TO PER DIEM WHILE TEMPORARILY ASSIGNED OFFICIAL DUTIES AWAY FROM THE TRAINING SITE.

TO THE SECRETARY OF AGRICULTURE, NOVEMBER 12, 1968:

WE REFER TO THE LETTER OF YOUR ASSISTANT SECRETARY FOR ADMINISTRATION DATED OCTOBER 14, 1968, WHICH REQUESTS A DECISION WITH REGARD TO PAYMENT BY THE DEPARTMENT OF AGRICULTURE OF CERTAIN TRAVEL AND PER DIEM EXPENSES OF EMPLOYEES WHO ARE REQUIRED TO PERFORM OFFICIAL TRAVEL DURING EXTENDED PERIODS OF TRAINING AWAY FROM THEIR OFFICIAL STATIONS.

THE QUESTIONS PRESENTED INVOLVE EMPLOYEES WHO IN CONNECTION WITH TRAINING AUTHORIZED UNDER CHAPTER 41, TITLE 5, U.S.C. HAVE MOVED THEIR FAMILIES AND HOUSEHOLD GOODS TO THEIR TRAINING SITES AT GOVERNMENT EXPENSE BASED ON A DETERMINATION MADE UNDER 5 U.S.C. 4109 (A) (2) (B) THAT THE COSTS OF SUCH TRANSPORTATION ARE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING. YOUR ASSISTANT SECRETARY SAYS THAT A NUMBER OF SUCH EMPLOYEES HAVE PROJECTS UNDERWAY AT THE TIME THEY ARE ASSIGNED TO TRAINING DUTY AND WILL BE REQUIRED TO RETURN TO THEIR OFFICIAL STATIONS FROM TIME TO TIME DURING THEIR TRAINING IN CONNECTION WITH SUCH PROJECTS. HE ASKS WHETHER THE DEPARTMENT MAY PAY THE USUAL COSTS OF TRANSPORTATION AND PER DIEM FOR TRAVEL BETWEEN THE EMPLOYEE'S TRAINING SITE TO HIS OFFICIAL STATION AND PER DIEM FOR THE PERIODS SUCH AN EMPLOYEE MAY BE ON DUTY AT HIS OFFICIAL STATION.

WHEN IT IS DETERMINED THAT TRAVEL TO THE EMPLOYEE'S OFFICIAL STATION DURING A PERIOD OF TRAINING IS REQUIRED ON GOVERNMENT BUSINESS THE TRANSPORTATION COSTS AND PER DIEM WHILE TRAVELING BETWEEN SUCH PLACES MAY PROPERLY BE PAID FROM GOVERNMENT FUNDS. REGARDING PAYMENT OF PER DIEM WHILE THE EMPLOYEE IS TEMPORARILY AWAY FROM HIS TRAINING SITE PERFORMING DUTIES AT HIS OFFICIAL STATION, SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES:

6.8 NO ALLOWANCE AT PERMANENT DUTY STATION.--- PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION.

AN EMPLOYEE WHO HAS MOVED HIS FAMILY RESIDENCE TO HIS TRAINING SITE UNDER THE AUTHORITY OF 5 U.S.C. 4109 (A) (2) (B) FORFEITS HIS RIGHT TO PER DIEM WHILE AT SUCH TRAINING SITE. 39 COMP. GEN. 140, 142. IN VIEW THEREOF, WE BELIEVE THAT, FOR THE PURPOSES OF SECTION 6.8, THE TRAINING SITE TO WHICH THE EMPLOYEE HAS MOVED MAY BE CONSIDERED HIS PERMANENT DUTY STATION. THUS, PER DIEM WOULD BE PAYABLE TO HIM WHILE TEMPORARILY ASSIGNED OFFICIAL DUTIES AWAY FROM SUCH TRAINING SITE EVEN WHEN OFFICIAL DUTIES ARE PERFORMED AT THE LOCATION WHICH WOULD OTHERWISE BE HIS OFFICIAL STATION.