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B-206720 1 (1982-06-23)

handle is hein.gao/gaobadkku0001 and id is 1 raw text is: W 1


CIECISION


FILE;


B-206720


MATTER OF


DIGEST;


                        //5V 7. 0,S
TH! COMPTMOLLUR SENflAL
OF THE UNITED S3TATUB
WASHINGTON, D. . U0, O4



      DATE;  June 23, 1982


Thomau P, DeCair - Actual. Subsistence
Expenses - Excess Cost of Hotel Room


An employee on temporary duty in a high-
rate geographical area stayed at a hotel
room next to the Attorney General in order
to conduct press conferences for the
Attorney General.  Employee may not be
rlmbursed for that part of the rental
cost that exceeds the daily maximum
amount allowable. ThM excess cost may
not be treated as a necessary expense
of conducting official business, rather
than as part of actual subsistence
expenses, since the employee incurred
no extra expenses for the room due to the
press conferences conducted there.


'U'


     Kevin 0. Rooney, Assistant Attorney General for
Administration, has requested our opinion concerning the
proper reimbursement of an employee for expenses of
renting a hotel room in a high-rate geographical area
while on official travel. The question presented is
whether the expense of the hotel room should be charged
to the employee as parr. of his actual subsistence
expenses when the btel room was used for both his
personal lodging and to conduct press conferences.
The answer is yes and all expenses incurred over the
statutory limitation must be paid by the employee.

     Reimbursement for actual subsistence expenses
while on travel on official business to a high-rate
geographical area is lim.ited by statute to $75 per day.
5 U.S.C. § 5702(c), as amended by Pub. L. No. 96-346,
§ I, September 10, 1980, 94 Stat. 1148. We have held
that this lirittation applies to the rental of hotel
rooms, even if th rooms are contracted for by the
agency, since such a method cannot be used to circum'
vent the limitation on reimbursement for travel
expenses. B-195133, January 19, 1981, 60 Comp. Gen.
181 (1981).

     Thomas P. DeCir, Director of Public Affairs in
the Department of Justive, accompanied the Attorney
General to Now York City r-n AuquJt 30, 1981. Adjacent


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