B-140417, JUN 20, 1972

B-140417, JUN 20, 1972

CIVILIAN EMPLOYEE - TRAINING AT OFFICIAL STATION - REIMBURSEMENT CONCERNING THE PROPRIETY OF PAYMENT TO ROBERT E. WHITE OF CERTAIN EXPENSES INCURRED AT HIS OFFICIAL DUTY STATION INCIDENT TO TRAINING PERFORMED AS AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR. THERE EXISTS NO BASIS FOR PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WHILE AT THE EMPLOYEE'S DESIGNATED POST OF DUTY IN VIEW OF 5 U.S.C. 5702, WHICH PURSUANT TO 5 U.S.C. 4109(A)(2)(A), APPLIES. HOWEVER, THE EXPENSES INCURRED BY MR. WHITE MAY REASONABLY BE CONSIDERED NECESSARY FOR TRAINING PURPOSES AND REIMBURSEMENT MAY BE MADE ON AN ACTUAL EXPENSE BASIS NOT TO EXCEED $25 PER DAY. 39 COMP. GEN. 119 (1959).

TO MR. SAMUEL BENJAMIN:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 27, 1972, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER A VOUCHER IN THE AMOUNT OF $242.12, IN FAVOR OF MR. ROBERT E. WHITE, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, MAY BE CERTIFIED FOR PAYMENT UNDER THE CIRCUMSTANCES HEREINAFTER DESCRIBED.

AS INDICATED BY YOUR LETTER, THE RECORD INDICATES THAT MR. WHITE, A SUPERVISORY RESEARCH CHEMIST, WITH HEADQUARTERS AT DENVER, COLORADO, IS A PARTICIPANT IN THE TWENTY-SECOND DEPARTMENTAL-BUREAU MANAGER DEVELOPMENT PROGRAM AT WASHINGTON, D.C; WHICH IS A 10-MONTH PROGRAM THAT BEGAN IN MID- AUGUST 1971 AND IS TO END IN MID-JUNE 1972. PARTICIPANTS IN THE 10-MONTH PROGRAM FROM OUTSIDE THE AREA RETAIN THEIR OFFICIAL HEADQUARTERS. THEY ARE ENCOURAGED TO BRING THEIR FAMILIES WITH THEM, BUT THEY ARE NOT REIMBURSED FOR THE FAMILIES' TRAVELING EXPENSES OR TRANSPORTATION OF HOUSEHOLD GOODS. THE TRAINEES ARE PAID A PER DIEM ALLOWANCE WHILE IN WASHINGTON AMOUNTING TO $12.50 AFTER A 2 WEEK ORIENTATION PERIOD AT $25.

THE RECORD FURTHER SHOWS THAT FOR SPECIAL TRAINING TRIPS AWAY FROM THE WASHINGTON, D.C; TRAINING SITE, THE PARTICIPANTS ARE ALLOWED THE DEPARTMENTAL SLIDING SCALE PER DIEM RATE IN LIEU OF THE $12.50 FLAT RATE. YOU STATE THAT THE SLIDING SCALE RATE IS THE DAILY AVERAGE LODGING COST FOR THE TRIP PLUS $12 FOR MEALS, ETC; ROUNDED TO THE NEXT WHOLE DOLLAR NOT TO EXCEED $25.

AS PART OF THIS TRAINING PROGRAM MR. WHITE ACCEPTED AN ASSIGNMENT TO INTERVIEW MANAGEMENT INTERN APPLICANTS FOR THE CIVIL SERVICE COMMISSION AT DENVER, COLORADO, HIS OFFICIAL DUTY STATION. PURSUANT TO THIS ASSIGNMENT, UNDER TRAVEL AUTHORIZATION NO. TA-99, DATED DECEMBER 22, 1971, MR. WHITE TRAVELED FROM WASHINGTON, D.C; TO DENVER, COLORADO, AND RETURNED VIA COLUMBIA, MISSOURI, DURING THE PERIOD FEBRUARY 6 THROUGH 18, 1972. WHILE AT DENVER MR. WHITE INCURRED MOTEL COSTS FOR 6 OF THE 9 NIGHTS INVOLVED. HE STAYED WITH FRIENDS FOR 3 OF THE NIGHTS. IN ADDITION, HE INCURRED SUBSISTENCE COSTS AT DENVER THE SAME AS IN ANY OTHER CITY.

WITH REGARD TO THE CLAIM HERE INVOLVED, YOU HAVE STATED THAT THE QUESTION PRESENTED BY THE INSTANT VOUCHER IS WHETHER PER DIEM MAY BE ALLOWED MR. WHITE DURING THE PERIOD HE WAS AT DENVER, HIS OFFICIAL STATION. SECTION 6.6 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT PER DIEM WILL NOT BE ALLOWED AN EMPLOYEE AT HIS PERMANENT DUTY STATION.

IN SUCH LIGHT YOU ASKED WHETHER MR. WHITE:

" *** (1) MAY BE ALLOWED THE DEPARTMENTAL SLIDING SCALE PER DIEM RATE WHILE AT DENVER, OR (2) IF NOT WHETHER HE MAY BE PAID THE $12.50 TRAINING RATE FOR THE SAME PERIOD OR (3) IF NEITHER, WHETHER THERE IS ANY LEGAL BASIS FOR REIMBURSING HIM THE ADDITIONAL OUT-OF-POCKET COSTS HE INCURRED AT DENVER."

THERE IS NO BASIS FOR PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WHILE AT THE EMPLOYEE'S DESIGNATED POST OF DUTY IN VIEW OF 5 U.S.C. 5702, WHICH PURSUANT TO 5 U.S.C. 4109(A)(2)(A), APPLIES.

IN 39 COMP. GEN. 119 (1959), A DECISION TO WHICH YOU HAVE REFERRED, WE STATED THAT IF AN INDIVIDUAL'S EMPLOYING AGENCY DETERMINED THAT THE EXPENSES INCURRED AT THE EMPLOYEE'S OFFICIAL DUTY STATION FOR ROOM AND MEALS WERE NECESSARY TRAINING EXPENSES INCIDENT TO A PROGRAM UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 4101, THEN WE WOULD INTERPOSE NO OBJECTION TO PAYMENT OF SUCH EXPENSES.

INASMUCH AS MR. WHITE'S ASSIGNMENT TO DENVER WAS CLEARLY A PART OF HIS TRAINING, WE FEEL IT NOT UNREASONABLE TO CONCLUDE THAT THE EXPENSES THERE INCURRED WERE INCIDENT TO HIS PARTICIPATION IN THE TRAINING PROGRAM. ACCORDINGLY, AND CONSISTENT WITH THE CONCLUSION REACHED IN 39 COMP. GEN. 119, THE ADDITIONAL OUT-OF-POCKET EXPENSES INCIDENT TO THE DENVER ASSIGNMENT MAY BE VIEWED AS NECESSARY TRAINING EXPENSES AND REIMBURSEMENT MAY BE MADE ON AN ACTUAL EXPENSE BASIS NOT TO EXCEED $25 PER DAY, THE AMOUNT ADMINISTRATIVELY ESTABLISHED AS A LIMITATION FOR THE SLIDING SCALE PER DIEM RATE.

IN VIEW OF THE ABOVE, PART 1 AND 2 OF YOUR QUESTION IS ANSWERED IN THE NEGATIVE AND PART 3 IN THE AFFIRMATIVE.

THE VOUCHER, WITH ATTACHMENTS, IS RETURNED FOR HANDLING IN CONFORMANCE WITH THE FOREGOING.