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B-202104 1 (1981-07-02)

handle is hein.gao/gaobadjnh0001 and id is 1 raw text is: 



OECISION


B-202104


MATTER OF:


DIGEST:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, 0.C. 20548




      DATE:  July 2, 1981


Secret Service agents' meal expenses
while on 24-hour-a-day protective duty


Secret Service agents who are required
to purchase meals at high cost hotels or
other facilities at their headquarters
as a result of 24-hour-a-day protective
duty assignments may not be paid a daily
allowance to compensate for the added
costs they incur, since such an allowance
is prohibited by 5 U.S.C. 5536; further,
such assignments do not normally involve
extreme emergencies involving danger to
human life so as to permit the Government
to furnish the agents' meals from appro-
priated funds under the rule in 53 Comp.
Gen. 71 (1973).


     The Acting General Counsel of the Department of the
Treasury has asked whether Secret Service agents, whose
permanent duty station is in the city in which they are
required to perform 24-hour-a-day protective assignments,
may be paid a flat amount a day to compensate them in
whole, or in part, for the extra costs they incur by being
required to buy the meals in the same hotels or facilities
as the persons whom they are protecting.

     The issue in this case is whether there should be
an exception, because of the unusual working conditions
associated with 24-hour-a-day protective service, to the
general rule prohibiting any payment of appropriated
funds for a civilian employee's meals while he is working
at his permanent duty station. There may be no exception
to the general rule that meals at headquarters may not be
paid for from appropriated funds in the circumstances
here involved.


     The persons subject to the Secret Service agents'
protection frequently are accommodated in superior hotels.
Since the agents are required to be in the immediate
proximity, they are, according to the submission,  * * *
compelled to incur out of pocket costs for meals signifi-
cantly in excess of what they would incur if permitted
to eat at their homes or elsewhere at their discretion.
Often they incur costs in excess of those they would
incur were they merely government employees traveling on
government business.


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