B-165553, NOV. 25, 1968

B-165553, NOV. 25, 1968

TO MR. HAROLD J. FARRALL:

THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 29, 1968, REFERENCE 7 360, REGARDING THE CLAIM FOR TEMPORARY LODGING AND SUBSISTENCE EXPENSES SUBMITTED BY MR. MAYNARD L. MAY, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, IN CONNECTION WITH AN OFFICIAL TRANSFER FROM GRAND ISLAND, NEBRASKA, TO PUEBLO, COLORADO, IN JANUARY 1967.

IN SUPPORT OF MR. MAY'S CLAIM FOR SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS HE SHOWS ONE LUMP-SUM PAYMENT FOR THE ENTIRE 30-DAY PERIOD BETWEEN JANUARY 24, 1967, AND FEBRUARY 23, 1967, FOR EACH OF THE FOLLOWING ITEMS: RENT PLUS ELECTRICITY ($67.43), GROCERIES ($40.50), LAUNDRY ($3.85), AND CLEANING ($6.15).

IN CONNECTION WITH THE CLAIM YOU ASK THE FOLLOWING QUESTIONS: "WITH REFERENCE TO SUBSECTION 2.5D (1) OF BUREAU OF BUDGET CIRCULAR NO. A-56 AND SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WE REQUEST A DECISION AS TO WHETHER IT IS PROPER FOR US TO PRORATE THE AMOUNTS SHOWN FOR MEALS AND LODGING ON ATTACHED STATEMENT EQUALLY OVER THE 30-DAY PERIOD FOR COMPARISON PURPOSES WITH THE FORMULA IN SUBSECTION 2.5D (2) OF CIRCULAR A-56; OR WHETHER WE MUST COUNT THE EXPENDITURES IN THE TEN -DAY PERIOD IN WHICH THEY ACTUALLY WERE MADE. ALSO, MAY LAUNDRY AND CLEANING EXPENSE BE PRORATED?

WITH RESPECT TO THE ALLOWABLE AMOUNT FOR EXPENSES OF THIS TYPE SUBSECTIONS 2.5D (1) AND (2) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDE AS FOLLOWS:

"D. ALLOWABLE AMOUNT.

"/1) REIMBURSEMENT SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE BOTH AS TO AMOUNT AND DURATION. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS, LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. THE ACTUAL EXPENSES SHALL BE SUPPORTED AS PROVIDED IN SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. EXPENSES OF LOCAL TRANSPORTATION INCURRED FOR ANY PURPOSE DURING OCCUPANCY OF TEMPORARY QUARTERS SHALL BE DISALLOWED.

"/2) THE AMOUNT WHICH MAY BE REIMBURSED FOR SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS SHALL BE THE LESSER OF EITHER (A) THE ACTUAL AMOUNT OF ALLOWABLE EXPENSE INCURRED FOR EACH TEN-DAY PERIOD OR (B) THE FOLLOWING:

"/A) FOR THE FIRST 10 DAYS

"/I) FOR THE EMPLOYEE, 75 PERCENT OF THE MAXIMUM PER DIEM RATE ALLOWED UNDER SECTION 2.1 FOR THE LOCALITY IN WHICH TEMPORARY QUARTERS ARE LOCATED.

"/II) FOR EACH MEMBER OF THE EMPLOYEE'S IMMEDIATE FAMILY, 50 PERCENT OF THE MAXIMUM PER DIEM RATE ALLOWED UNDER SECTION 2.1 FOR THE LOCALITY IN WHICH TEMPORARY QUARTERS ARE LOCATED.

"/B) FOR THE SECOND 10 DAYS

"/I) FOR THE EMPLOYEE, TWO-THIRDS OF THE RATE AS DETERMINED IN SUBSECTION 2.5D (2) (A) (I) ABOVE.

"/II) FOR EACH MEMBER OF THE EMPLOYEE'S IMMEDIATE FAMILY, TWO THIRDS OF THE RATE AS DETERMINED IN SUBSECTION 2.5D (2) (A) (II) ABOVE.

"/C) FOR THE THIRD 10 DAYS, AND FOR ANY PORTION OF THE ADDITIONAL 30-DAY PERIOD.

"/I) FOR THE EMPLOYEE, ONE-HALF OF THE RATE AS DETERMINED IN SUBSECTION 2.5D (2) (A) (I) ABOVE.

"/II) FOR EACH MEMBER OF HIS IMMEDIATE FAMILY, ONE-HALF OF THE RATE AS DETERMINED IN SUBSECTION 2.5D (2) (A) (II) ABOVE.'

SECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"F. ITEMIZATION OF, AND RECEIPT FOR, EXPENSES.--- ACTUAL AND NECESSARY SUBSISTENCE EXPENSES INCURRED ON A TRAVEL ASSIGNMENT FOR WHICH REIMBURSEMENT IS CLAIMED BY A TRAVELER WILL BE ITEMIZED IN A MANNER PRESCRIBED BY THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS WHICH WILL PERMIT AT LEAST A REVIEW OF THE AMOUNTS SPENT DAILY FOR (1) LODGING, (2) MEALS, AND (3) ALL OTHER ITEMS OF SUBSISTENCE EXPENSES. RECEIPTS WILL BE REQUIRED AT LEAST FOR LODGING.'

UNDER THE FOREGOING REGULATIONS THE ACTUAL SUBSISTENCE EXPENSES FOR EACH 10-DAY PERIOD MUST BE ITEMIZED AND TOTALED AND THEN COMPARED WITH THE MAXIMUM ALLOWANCE FOR THE PARTICULAR PERIOD. SEE 47 COMP. GEN. 322.

OF COURSE IT IS NECESSARY TO PRORATE RENT WHEN IT IS PAID ON A MONTHLY BASIS SUCH AS HERE. MOREOVER, WE SEE NO REASON WHY THE AMOUNT OF $40.50 FOR GROCERIES SHOULD NOT BE PRORATED OVER THE 30-DAY PERIOD PARTICULARLY IF PURCHASED IN ONE OR TWO LOTS. THE OTHER ITEMS SHOULD HAVE BEEN RECORDED AND ITEMIZED AS OF THE TIME THE EXPENDITURES WERE MADE. SEE B- 164251, JUNE 26, 1968.

SINCE THE AMOUNT OF TOTAL EXPENDITURES OVER THE 30-DAY PERIOD TO COVER THE SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS FOUR DEPENDENTS WAS RELATIVELY LOW IT SEEMS EXTREMELY UNLIKELY THAT THE MAXIMUM ALLOWANCE FOR EACH 10-DAY PERIOD WOULD HAVE BEEN EXCEEDED. ACCORDINGLY, WE SEE NO REASON WHY THE EXPENDITURES MAY NOT BE REIMBURSED AT THIS TIME.