B-174699, JAN 18, 1972

B-174699: Jan 18, 1972

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WHERE SUCH TRAVEL IS APPROVED BY AN AUTHORIZED OFFICIAL. IN VIEW OF THE FACT THAT BOTH OF THESE CONDITIONS HAVE BEEN MET IN THIS CASE. TRAGEN WAS AUTHORIZED TO TRAVEL TO SAN SALVADOR. THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WERE ISSUED PURSUANT TO 5 U.S.C. 5707. SECTION 6.12B(4) OF THE REGULATIONS COVERING REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS AS DISTINGUISHED FROM A FIXED PER DIEM BASIS PROVIDES AS FOLLOWS: "THE AMOUNT PER CALENDAR DAY AUTHORIZED FOR A SPECIFIC TRAVEL ASSIGNMENT WILL BE STATED IN THE TRAVEL AUTHORIZATION. IF THE ACTUAL SUBSISTENCE EXPENSES ARE LESS THAN THE AMOUNT AUTHORIZED. IF TRAVEL IS PERFORMED (A) WITHOUT PRIOR AUTHORIZATION OR IS AUTHORIZED ON A PER DIEM BASIS.

B-174699, JAN 18, 1972

CIVILIAN EMPLOYEE - REIMBURSEMENT - ACTUAL SUBSISTENCE ALLOWANCE DECISION ALLOWING THE CLAIM OF IRVING TRAGEN FOR ACTUAL SUBSISTENCE EXPENSES IN LIEU OF THE MAXIMUM PER DIEM RATE FOR CERTAIN DAYS SPENT IN LOS ANGELES AND SAN FRANCISCO, CALIF. SECTION 6.12B(4), S.G.T.R. PROVIDES FOR TRAVEL ON AN ACTUAL EXPENSES BASIS WHERE HOTEL COSTS WOULD ABSORB ALL OR MOST OF THE MAXIMUM PER DIEM ALLOWANCE, AND WHERE SUCH TRAVEL IS APPROVED BY AN AUTHORIZED OFFICIAL. IN VIEW OF THE FACT THAT BOTH OF THESE CONDITIONS HAVE BEEN MET IN THIS CASE, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

TO MR. VICTOR J. BOVINO:

YOUR LETTER OF DECEMBER 7, 1971, REFERENCE 3BCPA, GSA FILE NO. 242 72, REQUESTS A DECISION AS TO WHETHER A TRAVEL VOUCHER OF MR. IRVING TRAGEN MAY BE CERTIFIED FOR PAYMENT.

MR. TRAGEN WAS AUTHORIZED TO TRAVEL TO SAN SALVADOR, EL SALVADOR; GUATEMALA CITY, GUATEMALA; LOS ANGELES AND SAN FRANCISCO, CALIFORNIA. THE OFFICIAL TRAVEL AUTHORIZATION PROVIDED FOR THE MAXIMUM PER DIEM RATE IN LIEU OF ACTUAL SUBSISTENCE EXPENSES. MR. TRAGEN NOW CLAIMS ACTUAL SUBSISTENCE EXPENSES FOR CERTAIN DAYS SPENT IN LOS ANGELES AND SAN FRANCISCO, CALIFORNIA, AND AS AUTHORITY FOR HIS CLAIM HE CITES SECTION 6.12B(4) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WERE ISSUED PURSUANT TO 5 U.S.C. 5707. SECTION 6.12B(4) OF THE REGULATIONS COVERING REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS AS DISTINGUISHED FROM A FIXED PER DIEM BASIS PROVIDES AS FOLLOWS:

"THE AMOUNT PER CALENDAR DAY AUTHORIZED FOR A SPECIFIC TRAVEL ASSIGNMENT WILL BE STATED IN THE TRAVEL AUTHORIZATION. HOWEVER, IF THE ACTUAL SUBSISTENCE EXPENSES ARE LESS THAN THE AMOUNT AUTHORIZED, THE TRAVELER MAY BE REIMBURSED ONLY FOR THE ACTUAL SUBSISTENCE EXPENSES. IF TRAVEL IS PERFORMED (A) WITHOUT PRIOR AUTHORIZATION OR IS AUTHORIZED ON A PER DIEM BASIS, AND (B) OTHERWISE CONFORMS TO THIS SECTION, THE NECESSARY SUBSISTENCE EXPENSES INCURRED MAY BE APPROVED WITHIN THE STATUTORY MAXIMUM ALLOWABLE."

SECTION 6.12B(2) OF THE REGULATIONS PROVIDES THAT TRAVEL ON AN ACTUAL EXPENSE BASIS MIGHT APPROPRIATELY BE AUTHORIZED OR APPROVED FOR TRAVEL ASSIGNMENTS WHICH OTHERWISE MEET CONDITIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT WHERE THE TRAVELER HAS NO ALTERNATIVE BUT TO INCUR HOTEL COSTS WHICH WOULD ABSORB ALL OR PRACTICALLY ALL OF THE STATUTORY MAXIMUM PER DIEM ALLOWANCE.

IN THE INSTANT CASE THE VOUCHER INDICATES THAT MR. TRAGEN INCURRED HOTEL COSTS OF $21.70 ON AUGUST 2, 1971, AND $19.54 PER DAY ON AUGUST 10 AND 11, 1971. SUBSISTENCE ON AN ACTUAL EXPENSE BASIS WAS SPECIFICALLY APPROVED FOR THOSE DAYS BY AN OFFICIAL WHO WE ASSUME HAD AUTHORITY TO DO SO.

ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.