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B-188710 1 (1979-08-21)

handle is hein.gao/gaobadhns0001 and id is 1 raw text is: ~ THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASH IN GTON, D.C. 2054 8 FILE: B-188710 DATE: August 21, 1979 MATTER OF: Compensation of attendants for handicapped employees on official duty travel Agencies may not authorize reimbursement of compensation for attendants of handicapped employees on official business pursuant to 5 U.S.C. 5702(c) since such expenses are not included in those covered by per diem or actual subsistence reimbursement. Matter is properly for consideration of Congress. Cf. 5 U.S.C. 3102, as amended. This decision is in response to a letter from the Chairman of the Civil Service Commission (now Office of Personnel Management) requesting that we reconsider Comptroller General decision B-188710, March 23, 1978. In that decision we held that agencies may not compensate attendants of handicapped employees whose services are required when the employee is participating in official training outside the locality of his regular duty station. The Civil Service Commission had argued that compensation for attendants should be authorized under 5 U.S.C. 4109 as part of the necessary costs of services or facilities directly related to the training of the employee. It also argued that these expenses were allowable in view of 5 U.S.C. 7153 and 29 U.S.C. 791 which provide for nondiscrimi- nation and affirmative action for the handicapped in Federal employment. Despite the views of the Civil Service Commission, we decided that agencies may not compensate attendants of handicapped employees 'because the services provided by such attendants are personal in nature and not directly related to training. We also stated that there was nothing in the statutory language or legislative history of either 5 U.S.C. 7153 or 29 U.S.C. 791 to indicate that those statutes were intended to provide agencies with the authority to incur the special expenses of attendants for handicapped employees. In his letter, the Chairman of the Civil Service Commission asked whether we could revise our decision of March 23, 1978, by permitting agencies to authorize per diem up to the statutory maximum of $50 a day, pursuant to 5 U.S.C. 5702(c), for necessary personal services required by handicapped employees who travel from their duty stations on official business. A) S.~ DIGEST: 3 7

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