Skip to main content

B-185885, NOV 8, 1976

B-185885 Nov 08, 1976
Jump To:
Skip to Highlights

Highlights

EMPLOYEE IS NOT ENTITLED TO SUBSISTENCE OF PER DIEM AT OFFICIAL DUTY STATION REGARDLESS OF ANY UNUSUAL WORKING CONDITIONS. RICHARD WASHINGTON - CLAIM FOR ACTUAL SUBSISTENCE EXPENSES AT OFFICIAL DUTY STATION: THIS ACTION IS IN RESPONSE TO THE REQUEST FOR AN ADVANCE DECISION FROM MS. WASHINGTON WAS ASSIGNED TO THE "LOGISTICS TEAM" WHICH WAS RESPONSIBLE FOR ALLOLOCAL ARRANGEMENTS FOR THE VICE PRESIDENT'S PUBLIC FORUM ON DOMESTIC POLICY HELD AT THE LOS ANGELES CONVENTION CENTER ON DECEMBER 9. HIS VOUCHER IS PREPARED ON AN ACTUAL EXPENSE BASIS AND INCLUDES LODGING AT THE HOTEL FOR 4 NIGHTS AND MEALS FOR 5 DAYS. WASHINGTON'S OFFICIAL DUTY STATION IS LOS ANGELES AND IN LIGHT OF PARAGRAPH 1-7.6A OF THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7) (MAY 1973).

View Decision

B-185885, NOV 8, 1976

EMPLOYEE CLAIMS ACTUAL SUBSISTENCE EXPENSES AT HIS OFFICIAL DUTY STATION INCIDENT TO HIS DUTIES AS COORDINATOR FOR VICE-PRESIDENT'S PUBLIC FORUM ON DOMESTIC POLICY WHICH REQUIRED HIS CONTINUED PRESENCE AT LOCAL HOTEL. HOWEVER, ABSENT SPECIFIC STATUTORY AUTHORITY, EMPLOYEE IS NOT ENTITLED TO SUBSISTENCE OF PER DIEM AT OFFICIAL DUTY STATION REGARDLESS OF ANY UNUSUAL WORKING CONDITIONS.

RICHARD WASHINGTON - CLAIM FOR ACTUAL SUBSISTENCE EXPENSES AT OFFICIAL DUTY STATION:

THIS ACTION IS IN RESPONSE TO THE REQUEST FOR AN ADVANCE DECISION FROM MS. MAY V. SMITH, AN AUTHORIZED CERTIFYING OFFICER OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) REGION IX, REFERENCE 9AF, REGARDING PAYMENT OF THE VOUCHER OF MR. RICHARD WASHINGTON, AN EMPLOYEE OF HUD, FOR ACTUAL SUBSISTENCE EXPENSES INCURRED AT HIS OFFICIAL DUTY STATION.

THE RECORD INDICATES MR. WASHINGTON WAS ASSIGNED TO THE "LOGISTICS TEAM" WHICH WAS RESPONSIBLE FOR ALLOLOCAL ARRANGEMENTS FOR THE VICE PRESIDENT'S PUBLIC FORUM ON DOMESTIC POLICY HELD AT THE LOS ANGELES CONVENTION CENTER ON DECEMBER 9, 1975. MR. WASHINGTON STATES THAT HIS RESPONSIBILITIES AS EXECUTIVE ASSISTANT OF THE LOGISTICS TEAM REQUIRED HIS PRESENCE AT THE HYATT REGENCY HOTEL IN LOS ANGELES FROM DECEMBER 6 THROUGH DECEMBER 10, 1975, TO HANDLE ANY PROBLEMS ARISING FROM THE ARRANGEMENTS MADE AT THE HOTEL OR THE CONVENTION CENTER. HIS VOUCHER IS PREPARED ON AN ACTUAL EXPENSE BASIS AND INCLUDES LODGING AT THE HOTEL FOR 4 NIGHTS AND MEALS FOR 5 DAYS. THE AUTHORIZED CERTIFYING OFFICER QUESTIONS WHETHER THE VOUCHER MAY BE PAID IN LIGHT OF THE FACT THAT MR. WASHINGTON'S OFFICIAL DUTY STATION IS LOS ANGELES AND IN LIGHT OF PARAGRAPH 1-7.6A OF THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7) (MAY 1973), AND A DECISION OF THIS OFFICE, 53 COMP.GEN. 457 (1974), CITED IN THE SUBMISSION AS B-179584, JANUARY 4, 1974.

PARAGRAPH 1-7.6 OF THE FEDERAL TRAVEL REGULATIONS PROVIDES, IN PERTINENT PART:

"A. NO ALLOWANCE AT PERMANENT DUTY STATION. PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHCIH HE COMMUTES DAILY TO HIS OFFICIAL STATION. * * * "

WE HAVE CONSISTENTLY HELD THAT ABSENT SPECIFIC STATUTORY AUTHORITY, THE GOVERNMENT MAY NOT PAY SUBSISTENCE EXPENSES OR PER DIEM TO CIVILIAN EMPLOYEES AT THEIR HEADQUARTERS OR OFFICIAL DUTY STATION, REGARDLESS OF ANY UNUSUAL WORKING CONDITIONS. SEE B-182586, DECEMBER 17, 1974, AND CASES CITED THEREIN. IN OUR DECISION IN 53 COMP.GEN. 457, SUPRA, WE THEREFORE, HELD THAT THE EMPLOYEE CONCERNED COULD NOT BE PAID PER DIEM AT HIS OFFICIAL DUTY STATION.

ALTHOUGH PART 8 (CHAPTER 1, FTR) PROVIDING FOR REIMBURSEMENT OF ACTUAL SUBSISTENCE EXPENSES DOES NOT CONTAIN AN EXPRESS PROHIBITION ON ALLOWANCE AT THE EMPLOYEE'S PERMANENT DUTY STATION, IT IS NONETHELESS PROVIDED IN PARA. 1-8.1 (AS AMENDED BY TEMPORARY REGULATION A-11, MAY 19, 1975) THAT SUCH REIMBURSEMENT "IS NORMALLY CONTINGENT UPON THE ENTITLEMENT TO PER DIEM (SEE 1-7) AND THE DETERMINATION THAT THE AUTHORIZED MAXIMUM PER DIEM ALLOWANCE WOULD BE INADEQUATE TO COVER THE ACTUAL AND NECESSARY EXPENSES OF THE TRAVELER." THUS, IT IS CLEAR THAT ACTUAL EXPENSES INCURRED AT THE EMPLOYEE'S OFFICIAL STATION MAY NOT BE REIMBURSED UNDER FTR CHAPTER 1, PART 8.

ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

GAO Contacts

Office of Public Affairs