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B-186090 1 (1976-11-08)

handle is hein.gao/gaobaddze0001 and id is 1 raw text is: '4jeU-h<L- vnt~eg C¼c. ,iZ A. TLD THS COMPTLiALRl GENERAL 0F THt L) NI E STAT Es WASHINGTON. 0. C. 20i48 FILE: D-186090 LIATE: November 8, 19T6 MATTER DF. Thomas R. Smith -- Claim for per diem near official duty station DIGEST: Employee stationed at JFK Airport, New York, is detatled for 10 days temporary duty with free Lodging, but he incurs subsiste.ce expenses in Manhattan, New York City, while serving on protective mission. However, absent specific statutory authority, employee is not entitled to subsistence or per diem at official duty station regardless of any unusual working conditions. This action is in cesponsi to the request for an advance decision from Mr. Duncan Calcete, an authorized certifying officer of the United States Secret Service, Department of the Treasury, reference 300.0, regarding payment of the travel voucher of Mr. Thomas R. Smith, an employee of the U.S. Customs Service, for a reduced per diem for a period of temporary duty perfirmed near his official duty station. The record indicates that Mr. Smith, a Special Agent with the U.S. C--toms Service assigned to John F. Kennedy Airport in New York, was deta.led to the U.S. Secret Service from October 5 through October 15, 1975, on a protective mission. The submission from the authorized certifying officer states that while on such a mission, an agent is required to remain in close proximity of the protectee, even during his off-duty houcs. Mr. Smith has claimed per diem for sub- sistence expenses incurred in Manhattan, New York City, where he wis granted free lodging, even though his official duty station is JFK Airport and his residence is located on Long Island, New York. The employee states that all Special Agents from Long Island were requested to remain in New York City during the mission. The authorized certifying officer questions whether the employee is entitled to pet diem under such circumstances. Our Office has consistently held that absent specific statutory authority, an employee may not be paid perdiem or actual subsistence at his headquarters or place of abode from which he commutes daily to his official 6uty station regardless of any unusual working conditions involved. See Federal Travel Regulations (FPMR 101-7) para. 1-7.61 (May 1973); and B-182586, December 17, 1974 and cases cited therein. DECIION

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