B-165622, DEC. 24, 1968

B-165622, DEC. 24, 1968

TO MR. W. M. WILSON:

THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 5, 1967, REFERENCE MROCF-E, REQUESTING OUR DECISION AS TO WHETHER MR. CURTIS O. LEHN, AN EMPLOYEE OF YOUR AGENCY, MAY BE REIMBURSED $62 COVERING PER DIEM FOR HIS DEPENDENT DAUGHTER WHO RETURNED FROM GERMANY TO OMAHA, NEBRASKA, BEFORE MR. LEHN COMPLETED HIS OVERSEAS ASSIGNMENT UNDER THE ARMY'S ROTATION PROGRAM.

TRAVEL ORDERS DATED JULY 12, 1966, AUTHORIZED TRANSPORTATION OF MR. LEHN'S DAUGHTER FROM GERMANY TO OMAHA AT HIS EXPENSE WITH REIMBURSEMENT TO BE MADE TO HIM WHEN HE COMPLETED HIS CURRENT TRANSPORTATION AGREEMENT. UPON COMPLETION OF HIS OVERSEAS TOUR OF DUTY, TRAVEL ORDERS DATED APRIL 27, 1967, AUTHORIZED RETURN TRANSPORTATION OF THE EMPLOYEE, HIS WIFE AND HIS SON. MR. LEHN SUBSEQUENTLY CLAIMED AND WAS REIMBURSED THE COST OF TRANSPORTING HIS DAUGHTER FROM NEW YORK, NEW YORK, TO OMAHA. HE CLAIMED NO REIMBURSEMENT FOR GOVERNMENT TRANSPORTATION FURNISHED HIS DAUGHTER FROM GERMANY TO NEW YORK AS HE WAS NOT BILLED FOR THAT. HE NOW CLAIMS PER DIEM FOR HIS DAUGHTER ON THE GROUND THAT SHE TRAVELED AFTER THE EFFECTIVE DATE OF PUBLIC LAW 89-516 AND HE WAS ALLOWED PER DIEM FOR HIS WIFE AND SON.

YOU REQUEST OUR DECISION AS TO WHETHER PAYMENT OF PER DIEM IS PRECLUDED BY THE ACTUAL EXPENSES PROVISION IN SECTION 8.2, BUREAU OF THE BUDGET CIRCULAR NO. A-56. YOU ALSO STATE THAT MR. LEHN ITEMIZED EXPENSES FOR MEALS AND TIPS TOTALING $24 INCURRED BY HIS DAUGHTER WHILE TRAVELING ON A GOVERNMENT SHIP FROM GERMANY TO NEW YORK AND ASK WHETHER THE LATTER AMOUNT MAY BE PAID IF PER DIEM IS NOT PAYABLE.

WE HAVE HELD THAT THE TERM TRANSPORTATION EXPENSES OF THE DEPENDENTS OF AN EMPLOYEE UPON PERMANENT CHANGE OF STATION AS USED IN A STATUTE DOES NOT INCLUDE AUTHORITY FOR PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE. COMP. GEN. 268. HOWEVER, WE DO NOT REGARD THAT DECISION AS PRECLUDING THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE FOR DEPENDENTS IF OTHERWISE AUTHORIZED SUCH AS HERE. NOR DO WE REGARD SECTION 8.2 OF CIRCULAR A-56 AS PRECLUDING SUCH PAYMENT.

THE ACT OF JULY 21, 1966, PUBLIC LAW 89-516, 80 STAT. 323, ADDED A NEW SECTION 23 TO THE ADMINISTRATIVE EXPENSES ACT OF 1946 WHICH PROVIDES FOR THE PAYMENT OF THE SUBSISTENCE EXPENSES OF THE IMMEDIATE FAMILY OF THE OFFICER OR EMPLOYEE WHILE EN ROUTE BETWEEN HIS OLD AND NEW OFFICIAL STATIONS UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE. SECTION 2.2 OF CIRCULAR NO. A-56, IMPLEMENTING THE ABOVE CITED ACT IN ACCORDANCE WITH AUTHORITY DELEGATED BY THE PRESIDENT, READS IN PERTINENT PART AS FOLLOWS:

"B. PER DIEM ALLOWANCE WHEN EN ROUTE BETWEEN EMPLOYEE'S OLD AND NEW OFFICIAL STATION. WHEN AN EMPLOYEE IS TRANSFERRED, AN ALLOWANCE SHALL BE PAID FOR PER DIEM IN LIEU OF SUBSISTENCE EXPENSES INCURRED BY THE EMPLOYEE'S IMMEDIATE FAMILY WHILE TRAVELING BETWEEN THE OLD AND NEW OFFICIAL STATIONS, REGARDLESS OF WHERE THE OLD AND NEW STATIONS ARE LOCATED. * * *"

THE ALLOWANCE SPECIFIED IN SECTION 2.2B IS BASED ON THE EMPLOYEE'S PER DIEM RATE AND THERE IS NO PROVISION DENYING PAYMENT WHEN THE DEPENDENT TRAVELS IN ADVANCE OF THE EMPLOYEE'S ELIGIBILITY. COMPARE B 164948 OF OCTOBER 18, 1968, CONCERNING NONENTITLEMENT TO PER DIEM WHEN A DEPENDENT IS RETURNED TO THE UNITED STATES IN THE PUBLIC INTEREST PRIOR TO THE EMPLOYEE BECOMING ELIGIBLE TO BE RETURNED AT GOVERNMENT EXPENSE.

SINCE MR. LEHN'S DAUGHTER TRAVELED AFTER THE ENACTMENT OF PUBLIC LAW 89- 516 AND SINCE SUCH TRAVEL MAY BE RELATED TO THE EMPLOYEE'S SUBSEQUENT TRANSFER OF OFFICIAL STATION, THE VOUCHER RETURNED HEREWITH MAY BE PAID IF OTHERWISE PROPER.