B-146083, JUNE 26, 1961, 40 COMP. GEN. 714

B-146083, JUNE 26, 1961, 40 COMP. GEN. 714

CIVILIAN PERSONNEL - TRAINING - TRANSPORTATION OF DEPENDENTS AND EFFECTS IN LIEU OF PER DIEM - PERIOD IN TRAVEL STATUS THE MAXIMUM ALLOWANCE FOR THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS UNDER SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 2309, TO A CIVILIAN EMPLOYEE WHOSE TRAINING AT AN OVERSEAS UNIVERSITY IS BASED ON THE AGGREGATE PER DIEM ALLOWANCE THE EMPLOYEE FOREGOES TO RECEIVE THE TRANSPORTATION BENEFITS FOR HIS IMMEDIATE FAMILY AND EFFECTS, SO THAT THE PERIOD THE EMPLOYEE-TRAINEE IS IN A TRAVEL STATUS AWAY FROM THE UNIVERSITY AND IN RECEIPT OF PER DIEM MAY NOT BE INCLUDED TO INCREASE THE MAXIMUM AMOUNT PAYABLE FOR THE TRANSPORTATION EXPENSES OF HIS FAMILY AND HOUSEHOLD EFFECTS.

TO THE DIRECTOR, NATIONAL SCIENCE FOUNDATION, JUNE 26, 1961:

ON JUNE 7, 1961, YOU REQUESTED OUR DECISION CONCERNING THE APPLICATION OF SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, PUBLIC LAW 85-507, 72 STAT. 332, 5 U.S.C. 2309, TO THE CASE OF DR. RAYMOND J. SEEGER, ASSISTANT DIRECTOR OF THE MATHEMATICAL, PHYSICAL, AND ENGINEERING SCIENCES DIVISION OF THE FOUNDATION. MR. SEEGER PLANS TO TRANSPORT HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS TO THIS PLACE OF TRAINING WHICH WILL BE OXFORD, ENGLAND. HOWEVER, PART OF HIS TRAINING PLAN PROVIDES THAT HE WILL TRAVEL TO OTHER PLACES IN ENGLAND AND ON THE CONTINENT OF EUROPE. YOU ESTIMATE THAT HE WILL SPEND APPROXIMATELY 300 DAYS AT OXFORD AND 65 DAYS IN A TRAVEL STATUS AWAY FROM OXFORD, INCIDENT TO HIS TRAINING ASSIGNMENT. YOU SAY THAT FOR THE TRAVEL AWAY FROM OXFORD, DR. SEEGER WILL BE ALLOWED THE FULL AUTHORIZED PER DIEM RATE FOR THE CITIES AND COUNTRIES THAT HE WILL VISIT.

UNDER SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, IN LIEU OF PAYMENT OF PER DIEM TO AN EMPLOYEE DURING A PERIOD OF TRAINING, THE EMPLOYEE MAY BE ALLOWED THE COST OF TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD GOODS AND PERSONAL EFFECTS IN ACCORDANCE WITH SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 1001 NOTE, AND EXECUTIVE ORDER NO. 9805, AS AMENDED, PROVIDED THAT THE TOTAL AMOUNT ALLOWABLE FOR SUCH TRANSPORTATION AND RELATED SERVICES IS LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING. THE DOUBT PROMPTING YOUR REQUEST FOR DECISION IS STATED IN YOUR LETTER AS FOLLOWS:

IN ESTABLISHING THE AGGREGATE PER DIEM FIGURE WHICH WILL DETERMINE THE MAXIMUM CHANGE OF STATION EXPENSES, WE ARE UNCERTAIN AS TO WHETHER WE SHOULD MULTIPLY THE $13 PER DIEM RATE BY 300 DAYS (NUMBER OF DAYS TO BE SPENT AT OXFORD) OR WHETHER WE WOULD MULTIPLY 365 (THE TOTAL PERIOD OF DR. SEEGER'S TRAINING PROGRAM). IF WE USE THE 300 DAY FIGURE THE MAXIMUM CHANGE OF STATION EXPENSES THAT MAY BE ALLOWED IS ESTABLISHED AT $3,900, WHEREAS, IF WE USE THE 365 DAY FIGURE, THE MAXIMUM FIGURE IS ESTABLISHED AT $4,745.

WILL YOU PLEASE INFORM US AS TO WHICH OF THESE TWO COMPUTATIONS IS CORRECT.

UNDER SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT THE COST THAT AN AGENCY MAY PAY FOR THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS INCIDENT TO AN EMPLOYEE'S RECEIVING TRAINING AT A PARTICULAR LOCATION MAY NOT EXCEED THE TOTAL PER DIEM ALLOWANCE PAYMENTS THE EMPLOYEE OTHERWISE COULD HAVE RECEIVED WHILE UNDERGOING SUCH TRAINING AT THE LOCATION HAD HE NOT ELECTED TO ACCEPT IN LIEU THEREOF THE ALLOWANCE FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS. THAT IS TO SAY, SUCH COST MAY NOT EXCEED THE PER DIEM ALLOWANCE THE EMPLOYEE FOREGOES TO RECEIVE THE TRANSPORTATION BENEFITS FOR HIS IMMEDIATE FAMILY AND EFFECTS.

SINCE DR. SEEGER'S TRAINING PLAN EMBRACES SOME 65 DAYS TRAINING AT POINTS AWAY FROM OXFORD--- ELSEWHERE IN ENGLAND AND ON THE CONTINENT OF EUROPE--- DURING WHICH PERIOD HE WILL RECEIVE THE FULL AUTHORIZED PER DIEM RATE APPLICABLE TO THE CITIES AND COUNTRIES WHICH HE VISITS REGARDLESS OF WHETHER HIS DEPENDENTS AHD HOUSEHOLD EFFECTS ARE TRANSPORTED TO OXFORD, WE DO NOT VIEW SECTION 10 AS CONTEMPLATING THE INCLUSION OF SUCH PER DIEM IN DETERMINING THE MAXIMUM AMOUNT THAT MAY BE PAID FOR THE TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS TO OXFORD, ENGLAND.