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B-184946 1 (1976-03-10)

handle is hein.gao/gaobaddem0001 and id is 1 raw text is: .1\ THE-Y COIVPTR0 LEFR %GF~iEPCL Or-~ THE UNITED FSTfA-TES W -/ AASHINGTON, D. C. 20548 I T B- 184 946 D.CT *R1 [DATE: MAR 10 1976 MATTER OF: DIGEST: Barry A. Smith - Temporary Duty - Per Diem in Lieu of Actual Subsistence Employee may not be paid maximum per diern under lodging-plus method based on receipt for $19 per night for lodgings provided in mother- in-law's private home, although that amount equals cost of least expensive corrnerical facilities available, since payment of lodging costs to relatives based on corrmercial rates is not reasonable. Also, while lodging- plus method may be inappropriate when noncom- mercial lodgints are provided by friends or relatives, agency may not estiblish specific per diem rate therefor since such rate was not established in advance as required by Federal Travel Regulations (FPMIR 101-7) para. 1-7. 3c b)(3 (*ey P 75), This decision responds to a recquest dated August 29, 1975, for advance decision submitted by WAilliarn Harten, an authorized certi- fyin- officer at the Idaho Operaticns Cffice, U. S. Energy R-esearch and Development Administration, concerning certain travel expenses incurred by Mr. Earry A. Smith incident to a temporary duty assign- ment. During part of the assignment Mr. Smith stayed with his mother-in-law. The sp ecific ouestion is whether the full amount paid to Mr. Smith's mother-in-law may be used in determining the amount of per diem in lieu of subsistence. Mr. Smith, an employee of the Idaho Operations Office, was authorized to travel from Idaho Falls, Idaho, to Cak 1i-dge, Tennessee, to Germantovm, Maryland, and return to Idaho Falls, from July 3 to July 17, 1975. He was authorized per diem of $14 plus lodging, not to exceed $33 a day. Administrative exception has been taken to reimbursement in thre respects. However, only one has been sub- mitted for our decision: an exception involving payment to Shirley H. Graves, the employee's mother-in-law, for 5 nights' lodging at $19 per night, totaling $95. The addition of this lodging expense to the $14 for meals and miscellaneous expenses results in a claim of $33 per clay, the maximum authurized Mr. Smith, for the 5 days that he stayed at his mother-in-law's residence. In view of this we are asked whether the rationale contained in 52 Comp. Gen. 78 (1972) should be FILE: qp1i,?

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