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B-209191 1 (1983-04-13)

handle is hein.gao/gaobadkzw0001 and id is 1 raw text is: 0 7 THECOMPTROLLER GENERAL,,, DECISION (2.,? . OF THE UNITED STATES WABHINGTON. D.C. 2054e FILE: B-209191 DATE:April 13, 1983 MATTER OF: Lieutenant Commander William J. Harrigan, et al. DIGEST: The holding in 60 Comp. Gen. 181 (1981) regarding the limitation on use of appro- priated funds to pay per diem or actual expenses where an agency contracts with a commercial concern for lodgings or meals applies to members of the uniformed services as well as to civilian employees of the Government. However, because 60 Comp. Gen. 181 was addressed specifi- cally to the per diem entitlement of civilian employees under 5 U.S.C. 5702, the Comptroller General will not object to per diem or subsistence expense pay- ments already made to military members that exceed the applicable statutory or regulatory maximums as the result of an agency's having contracted for lodgings or meals. By letter of September 7, 1982, Lieutenant Commander William J. Harrigan asks whether there is any basis to excuse his liability and that of other members of the Heli- copter Operations Group, National Oceanic and Atmospheric Administration, arising out of overpayments of subsistence expenses made in disregard of the principles set forth in Matter of Bureau of Indian Affairs, 60 Comp. Gen. 181 (1981). Agency bills of collection issued to these members of the uniformed services were the subject of our Claims Group's letter of July 19, 1982, advising Commander Harrigan that overpayments of per diem or subsistence expenses may not be considered for waiver under 5 U.S.C. 5584. While the overpayments may not be waived, for the reasons set forth herein, we find that the bills of collection should be cancelled. The record indicates that at varying times between January 21 and May 20, 1981, members of the Helicopter Operations Group performed temporary duty in the State of Alaska. Lodgings were procured by purchase order and were furnished to the members who were reimbursed for the remainder of their subsistence expenses on the basis of

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