B-173876, OCT 1, 1971

B-173876, OCT 1, 1971

CIVILIAN EMPLOYEE - SUBSISTENCE COSTS DECISION DENYING CLAIM OF LEO SOLOMON FOR ACTUAL SUBSISTENCE COSTS IN EXCESS OF THE PER DIEM LIMITATIONS PRESCRIBED BY REGULATION. SUCH COSTS WOULD BE ALLOWABLE UNDER SUBSECTION 6-12, SGTR, IF THERE WAS ADEQUATE DOCUMENTATION TO SUPPORT THE CLAIM. HOWEVER, THE CLAIM MAY NOT BE PAID ON THE BASIS OF THIS RECORD.

TO MR. CARL H. WHITE:

YOUR LETTER OF AUGUST 9, 1971, REQUESTS AN ADVANCE DECISION ON THE CLAIM OF MR. LEO SOLOMON FOR ACTUAL SUBSISTENCE COSTS IN EXCESS OF THE PER DIEM LIMITATIONS PRESCRIBED BY REGULATION.

YOU STATE THAT MR. SOLOMON'S TRAVEL ORDERS AUTHORIZED REIMBURSEMENT ON A PER DIEM BASIS FOR HIS TRAVEL AND TEMPORARY DUTY IN GERMANY. THE VOUCHER PRESENTING HIS CLAIM INCLUDES THE AMOUNTS OF $36 AND $13.05, APPARENTLY SUPPORTED BY RECEIPTS, AS "EXCESS SUBSISTENCE COSTS IN ADDITION TO THE $20.00 PER DAY AUTHORIZED BY THE SECRETARY OF STATE FOR TRAVEL IN GERMANY." YOU FURTHER STATE THAT THE AMOUNTS HAVE BEEN ADMINISTRATIVELY APPROVED FOR PAYMENT IF PROPER, BUT QUESTION WHETHER THE INCLUSION OF A CLAIM FOR ACTUAL SUBSISTENCE COSTS WITH A CLAIM FOR PER DIEM AND TRAVEL IS AN IMPROPER COMBINATION OF PER DIEM AND ACTUAL EXPENSE.

WE NOTE THAT SUBSECTION 6.12, SGTR, PROVIDES THAT AN ALLOWANCE OF ACTUAL SUBSISTENCE EXPENSES MAY BE AUTHORIZED OR APPROVED WHERE DUE TO UNUSUAL CIRCUMSTANCES OF A SPECIFIC TRAVEL ASSIGNMENT THE MAXIMUM PER DIEM ALLOWANCE WOULD BE MUCH LESS THAN THE AMOUNT REQUIRED TO MEET THE NECESSARY SUBSISTENCE EXPENSES OF THE TRAVELER. SUBSECTION 6.12B(4) PROVIDES IN PERTINENT PART AS FOLLOWS:

" *** 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."

THE ABOVE LANGUAGE PERMITS REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS, IF OTHERWISE PROPER AND SUBJECT TO ADMINISTRATIVE APPROVAL, EVEN IF TRAVEL ORDERS WERE ISSUED BEFORE THE TRAVEL PERIOD AND PRESCRIBED A PER DIEM ALLOWANCE IN LIEU OF ACTUAL SUBSISTENCE EXPENSES. HOWEVER, A VOUCHER FOR PAYMENT WOULD HAVE TO BE PREPARED IN ACCORDANCE WITH SGTR, SUBSECTION 6.12F, WHICH GENERALLY REQUIRES COMPLETE ITEMIZATION AND RECEIPTS AT LEAST FOR LODGING. THE REGULATIONS MAKE NO PROVISION FOR COMBINING PER DIEM AND ACTUAL EXPENSES FOR THE SAME DAY. 49 COMP. GEN. 493 (1970).

THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT ON THE BASIS OF THE PRESENT RECORD.