B-174380, NOV 19, 1971

B-174380: Nov 19, 1971

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HEYMAN WAS AN INSTRUCTOR AT THE BASIC AGENTS COURSE IN WASHINGTON. HE WAS AUTHORIZED A PER DIEM ALLOWANCE OF $25 PER DAY. BEFORE THE TRAINING WAS COMPLETED. HE WAS ORDERED TO RETURN TO HIS OFFICIAL DUTY STATION. UNDER 5 U.S.C. 5701 "PER DIEM ALLOWANCE" IS DEFINED AS "A DAILY FLAT RATE PAYMENT INSTEAD OF ACTUAL EXPENSES FOR SUBSISTENCE *** " AND "SUBSISTENCE" IS DEFINED AS "LODGING. OUR VIEW IS THAT BOTH OF THE EXPENSES HERE INVOLVED SHOULD BE CONSIDERED AS SUBSISTENCE EXPENSES AND THUS INCLUDED IN THE PER DIEM RATE. GEN. 75 (1968) AT PAGE 77 WHEREIN WE HELD: "PER DIEM IS AN ALLOWANCE AUTHORIZED IN LIEU OF THE REIMBURSEMENT OF SUBSISTENCE EXPENSES ON AN ACTUAL EXPENSE BASIS AND IS PAYABLE IN PROPER CASES WITHOUT REGARD TO WHEN OR WHETHER THE ACTUAL COSTS IN ANY INDIVIDUAL CASE ARE INCURRED.

B-174380, NOV 19, 1971

CIVILIAN EMPLOYEE - PER DIEM - TEMPORARY RESIDENCE EXPENSES DECISION THAT A VOUCHER IN FAVOR OF HARRY J. HEYMAN FOR REIMBURSEMENT OF EXPENSES INCURRED DURING A TEMPORARY DUTY ASSIGNMENT IN WASHINGTON, D.C., MAY NOT BE CERTIFIED FOR PAYMENT. SECTION 6.1, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, STATES THAT THE PER DIEM ALLOWANCE GIVEN IN LIEU OF SUBSISTENCE INCLUDES ALL CHARGES FOR LODGING. THEREFORE, BOTH OF THE EXPENSES INVOLVED HERE SHOULD BE CONSIDERED AS SUBSISTENCE EXPENSES INCLUDED IN THE PER DIEM RATE AND THUS, NOT REIMBURSABLE.

TO MISS JANET M. BLEDSOE:

YOUR LETTER OF OCTOBER 20, 1971, REQUESTS A DECISION AS TO WHETHER A VOUCHER IN FAVOR OF MR. HARRY J. HEYMAN FOR REIMBURSEMENT OF EXPENSES INCURRED DURING A TEMPORARY DUTY ASSIGNMENT IN WASHINGTON, D.C., MAY BE CERTIFIED FOR PAYMENT.

DURING JANUARY AND FEBRUARY 1971, MR. HEYMAN WAS AN INSTRUCTOR AT THE BASIC AGENTS COURSE IN WASHINGTON, D.C., AND HE WAS AUTHORIZED A PER DIEM ALLOWANCE OF $25 PER DAY. BEFORE THE TRAINING WAS COMPLETED, HE WAS ORDERED TO RETURN TO HIS OFFICIAL DUTY STATION, CAUSING HIM TO FORFEIT A RENTAL DAMAGE DEPOSIT AND ONE WEEK OF PREPAID RENT. MR. HEYMAN NOW CLAIMS REIMBURSEMENT FOR THESE LOSSES.

UNDER 5 U.S.C. 5701 "PER DIEM ALLOWANCE" IS DEFINED AS "A DAILY FLAT RATE PAYMENT INSTEAD OF ACTUAL EXPENSES FOR SUBSISTENCE *** " AND "SUBSISTENCE" IS DEFINED AS "LODGING, MEALS, AND OTHER NECESSARY EXPENSES FOR THE PERSONAL SUSTENANCE AND COMFORT OF THE TRAVELER."

SECTION 6.1, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, STATES THAT THE PER DIEM ALLOWANCE GIVEN IN LIEU OF SUBSISTENCE INCLUDES ALL CHARGES FOR LODGING. OUR VIEW IS THAT BOTH OF THE EXPENSES HERE INVOLVED SHOULD BE CONSIDERED AS SUBSISTENCE EXPENSES AND THUS INCLUDED IN THE PER DIEM RATE. IN THAT CONNECTION SEE 48 COMP. GEN. 75 (1968) AT PAGE 77 WHEREIN WE HELD:

"PER DIEM IS AN ALLOWANCE AUTHORIZED IN LIEU OF THE REIMBURSEMENT OF SUBSISTENCE EXPENSES ON AN ACTUAL EXPENSE BASIS AND IS PAYABLE IN PROPER CASES WITHOUT REGARD TO WHEN OR WHETHER THE ACTUAL COSTS IN ANY INDIVIDUAL CASE ARE INCURRED. IT CLEARLY IS INTENDED TO SERVE FOR ALL REIMBURSABLE SUBSISTENCE EXPENSES, AND CONSEQUENTLY MAY NOT PROPERLY BE SUPPLEMENTED BY PROVISION FOR ADDITIONAL PAYMENT ON A REIMBURSEMENT OF ACTUAL EXPENSE BASIS TO COVER ANY SUBSISTENCE ITEM OR ITEMS OTHERWISE COVERED BY THE PER DIEM PAYMENT."

ALSO SEE 31 COMP. GEN. 499 (1951).

IN VIEW OF THE ABOVE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.