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B-181294, MAR 16, 1976

B-181294 Mar 16, 1976
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TARR - REIMBURSEMENT OF APARTMENT EXPENSE UNDER FEDERAL TRAVEL REGULATIONS: THIS DECISION IS RENDERED IN RESPONSE TO A REQUEST DATED JULY 17. MAY "BE REIMBURSED ON A DAYS-WORKED BASIS FOR THE APARTMENT HE IS RENTING IN LIEU OF A HOTEL. OR WHETHER THIS APARTMENT IS CONSIDERED A SECOND RESIDENCE AND HE CAN RECEIVE NO REIMBURSEMENT.". WE ARE ALSO ASKED TO STATE AT WHAT RATE DR. THE DEFENSE MANPOWER COMMISSION WAS ESTABLISHED BY SECTION 701(A) OF THE ACT OF NOVEMBER 16. TARR WAS APPOINTED TO THE COMMISSION AND WAS ELECTED CHAIRMAN THEREOF IN ACCORDANCE WITH SECTION 701(C) OF THE ACT. WHEN HE WAS FIRST APPOINTED TO THE COMMISSION. HIS RESIDENCE WAS HIS HOME IN ARLINGTON. HE WAS NOT AUTHORIZED PER DIEM AND TRAVEL EXPENSES.

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B-181294, MAR 16, 1976

CHAIRMAN, DEFENSE MANPOWER COMMISSION, LIVES AWAY FROM WASHINGTON, D.C., FREQUENTLY TRAVELS TO WASHINGTON ON COMMISSION BUSINESS, AND HAS RENTED APARTMENT TO AVOID DIFFICULTY IN OBTAINING TRANSIENT ACCOMMODATIONS. CHAIRMAN MAY BE REIMBURSED ON PRO RATA BASIS FOR RENTAL EXPENSES SINCE APARTMENT MAY BE CONSIDERED AS "LODGING" UNDER 5 U.S.C. SEC. 5701 AND FEDERAL TRAVEL REGULATIONS UNDER APPROPRIATE CIRCUMSTANCES. SEE 52 COMP. GEN. 730.

DR. CURTIS W. TARR - REIMBURSEMENT OF APARTMENT EXPENSE UNDER FEDERAL TRAVEL REGULATIONS:

THIS DECISION IS RENDERED IN RESPONSE TO A REQUEST DATED JULY 17, 1975, FOR AN ADVANCE DECISION BY MR. DAVID E. HOLLAR, AN AUTHORIZED CERTIFYING OFFICER OF THE GENERAL SERVICES ADMINISTRATION, UNDER THE PROVISIONS OF 31 U.S.C. SEC. 82D (1970). MR. HOLLAR ASKS WHETHER DR. CURTIS W. TARR, CHAIRMAN, DEFENSE MANPOWER COMMISSION, MAY "BE REIMBURSED ON A DAYS-WORKED BASIS FOR THE APARTMENT HE IS RENTING IN LIEU OF A HOTEL, OR WHETHER THIS APARTMENT IS CONSIDERED A SECOND RESIDENCE AND HE CAN RECEIVE NO REIMBURSEMENT." WE ARE ALSO ASKED TO STATE AT WHAT RATE DR. TARR SHOULD BE PAID IF WE DETERMINE HE MAY BE REIMBURSED LODGING COSTS.

THE DEFENSE MANPOWER COMMISSION WAS ESTABLISHED BY SECTION 701(A) OF THE ACT OF NOVEMBER 16, 1973, 87 STAT. 609. SECTION 704 OF THE ACT PROVIDES, IN PERTINENT PART, THAT "MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES."

DR. TARR WAS APPOINTED TO THE COMMISSION AND WAS ELECTED CHAIRMAN THEREOF IN ACCORDANCE WITH SECTION 701(C) OF THE ACT. DR. TARR TRAVELS TO WASHINGTON, D.C., FROM MOLINE, ILLINOIS, WHEN THE COMMISSION MEETS, TWO OR THREE TIMES A MONTH. WHILE ENGAGED IN THE ACTUAL PERFORMANCE OF HIS DUTIES AS A MEMBER OF THE COMMISSION, INCLUDING TRAVEL TIME, HE RECEIVES AN AMOUNT EQUAL TO THE DAILY RATE PAID A GS-18 UNDER THE GENERAL SCHEDULE CONTAINED IN SECTION 5332 OF TITLE 5, UNITED STATES CODE.

WHEN HE WAS FIRST APPOINTED TO THE COMMISSION, DR. TARR HAD A HOME IN ARLINGTON, VIRGINIA, AND AN APARTMENT IN MOLINE, ILLINOIS. WHEN HE ATTENDED COMMISSION MEETINGS, HIS RESIDENCE WAS HIS HOME IN ARLINGTON, AND HE WAS NOT AUTHORIZED PER DIEM AND TRAVEL EXPENSES.

DR. TARR SOLD HIS HOME IN ARLINGTON AND MOVED TO A NEW HOME IN MOLINE EFFECTIVE JULY 1, 1975. AT THAT TIME HE MADE ARRANGEMENTS TO RENT AN APARTMENT FOR $220 PER MONTH IN WASHINGTON, D.C., BECAUSE HE FELT THAT HE MIGHT NOT BE ABLE TO OBTAIN HOTEL ROOMS WHEN HE CAME TO WASHINGTON INTERMITTENTLY ON COMMISSION BUSINESS.

DR. TARR HAS REQUESTED REIMBURSEMENT FOR THE EXPENSE OF THE RENTAL OF THE APARTMENT FOR THE NIGHTS HE IS IN WASHINGTON ON COMMISSION BUSINESS. WE INITIALLY NOTED, THE AUTHORIZED CERTIFYING OFFICER IS UNSURE AS TO WHETHER DR. TARR MAY BE REIMBURSED OR WHETHER THE APARTMENT SHOULD BE CONSIDERED A SECOND RESIDENCE, THEREBY PRECLUDING REIMBURSEMENT.

SECTION 5701(4) OF TITLE 5, U.S.C. (1970), DEFINES "PER DIEM ALLOWANCE" AS "A DAILY FLAT RATE PAYMENT INSTEAD OF ACTUAL EXPENSES FOR SUBSISTENCE AND FEES OR TIPS TO STEWARDS AND PORTERS." "SUBSISTENCE" IS DEFINED, AT SECTION 5701(3), AS "LODGING, MEALS, AND OTHER NECESSARY EXPENSES FOR THE PERSONAL MAINTENANCE AND COMFORT OF THE TRAVELER." WHILE NEITHER THE STATUTE NOR THE FEDERAL TRAVEL REGULATIONS DEFINES "LODGING," WE HAVE RULED THAT THE TERM INCLUDES HOTEL AND MOTEL ROOMS AND APARTMENTS, HOUSES, OR TRAILERS, WHETHER FURNISHED OR UNFURNISHED. 52 COMP.GEN. 730 (1973). THE CITED DECISION DEALT WITH SITUATIONS WHERE INDIVIDUALS WERE ASSIGNED TO TEMPORARY DUTY FOR LONG PERIODS AT LOCATIONS WHERE ACCOMMODATIONS AT HOTELS OR MOTELS ARE EXTREMELY LIMITED. 52 COMP.GEN. AT 731. THE SITUATION WHICH OBTAINS IN DR. TARR'S CASE IS SUITABLY ANALOGOUS TO ALLOW THE ADOPTION OF THAT DEFINITION IN A CASE WHERE AN INDIVIDUAL HAS NUMEROUS NONCONTIGUOUS VISITS TO ONE LOCATION AND, AS A CONVENIENCE TO HIMSELF, TAKES SEMIPERMANENT LODGING FOR THE ENTIRE PERIOD AT A RATE WHICH PERFORCE IS EQUAL TO OR LESS THAN THAT WHICH WOULD HAVE BEEN CHARGED NORMALLY AT A HOTEL OR MOTEL FOR DAILY CHARGES. ACCORDINGLY, SINCE DR. TARR'S VISITS TO WASHINGTON, D.C., ARE FREQUENT AND SINCE HE HAS ESTABLISHED A FORMAL RESIDENCE OUTSIDE THE NORMAL COMMUTING DISTANCE, WE DO NOT CONSIDER DR. TARR'S APARTMENT TO BE A "SECOND RESIDENCE." THEREFORE, HE IS ELIGIBLE FOR REIMBURSEMENT OF LODGING COSTS WHILE ON COMMISSION BUSINESS IN WASHINGTON.

DR. TARR HAS RENTED THE APARTMENT PARTLY FOR HIS OWN CONVENIENCE. FURTHER, THERE IS NO PRECISE METHOD OF DETERMINING BEFOREHAND TO WHAT EXTENT HE USES THE APARTMENT WHILE CONCERNED WITH COMMISSION BUSINESS. THEREFORE, HE SHOULD BE REIMBURSED FOR ITS USE BASED ON A DAYS-WORKED BASIS IN RELATION TO THE MONTHLY RENTAL. FOR COMPUTATION PURPOSES EACH MONTH SHOULD BE CONSIDERED AS A 30-DAY MONTH.

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